The San Francisco Call. Newspaper, June 10, 1906, Page 3

THE SAN FRANCISCO SUNDAY CALL. e is to be ad- | they were never heard before in mak- ing out the millions of documents anew. “%- [n-thoming MACHINERY OF THE LAW, UNDER HE == _OPERATED WITH -9 00 00 QU0 O00 Ov - = s L o ™1 1n the County Clerk’s office alone prac- .. ¢ consciences of | tically no records were saved the | torn. and he will have grave duties d of flesh will be ex- | wills, which were stored in a vault. |to perform in his efforts to attain an will be done by the An era of money making awaits the gpproximation of justice. - = = anced as the | Mtary public. Every document made | So far as the cases on appeal to the S o iabe i Dat ar " from memory must be atteste VP\j’r.\whfgher courts are concerned, it is be- e » it of the | paper copied off must be certified; in|jjeved that not one comvicted person . & of the city’s temples and the | fact, every record restored muSt be | can in any way derive advantage from ving sweep of fire will come a | SWOTN to to establish its authenticity. |the fire. Coples of all cases before the ’ an tsation of the ] cases that were being prepared suypreme Court are filed at the Sacra- » Tk appeal to the Appellate or Supreme | mento and Los Angeles branches of sco. rt the lawyer must knit hi% brow | (ne clerk’s offices, and the destruction whereby a lumber | OVer perplexities. In the many Such' o¢ tne office and its contents in this . i actions in process not & transcript of| ity can therefore avail nothing. ! oS T 2 & testimony or a bill of exceptions or the |~ aoncarning tne situation as to erimi- F 2 o amendments proposed or any of the|,,; prosecutions, District Attorney = r me a £ complicated phases of the record of the | onogon has the following to say: ¢ b on in the |O8se were saved from the maw of that| "Lt the adjournment of the several said = getter o | AWIUl confagration. e toTneYS|courts on April 17, 1906, there wers g ’ : “ = ‘m< \\'\)" tell what mp Statos all stages of progress—in the police E e e before the calamity,|COUrts felony and misdemeanor cases pe.anm pa “]i‘~“ ~ ‘wm_d Qinned into | @0d In the Superior courts felony cases. ¥ cpesgace ‘““r e ast ot of usage, | ON the morning of the disaster the po- N i i o] lice authorities very properly released w ed out main. depositions | (fOM custody all persons held on mis- | tits Sorepared and the en. | demeanor charges, and subsequently, at | el o e e tion built anew | the first convening of the police courts | e o4 e case on the|After the disaster, nearly all of these| i ki Patience must be monumen- | MiSdemeanor cases were dismissed. In | - > pl proper righting of things, | the felony cases pending in the police instaking labor is re.|Courts the complaints and transcripts P painstaking X | of testimony taken have been de- i - f:n’n\ ed. but this fact has not caused so - with criminal cou great difficul- | pgch gifficulty as has the inability to : » be encountered as weil. What|5cate the witnesses in these cases, e result in some of the more | many of whom have undoubtedly left o) prosecutions pending Te-|ypa it be seen. The District Attor-{ . “° 3 £0 s t “exposiug his hand” and In these cases, If all the witnesses | . s+ defendants are likewise | OF the material ones can be located, no | Jut discussing the status of | difficulty should be experienced, for | < said that the destruction | evVen if the status of the case zapnot s - < and records has sadly | be accurately ascertained, or if for any he prospects of George D.|Treason they cannot be sugeessfully | P his technical fizht for free- | prosecuted in the police cofrt, it is| I s high tribunals. | at times possible to prese/t the fel- | s » read his char and without the|ony cases to the Grand. July for in- essed with the con- the prosecutior the | dictments, which if found would supcr- | ss. Every attorney in gainst hin has | sede all proceedings in the police s will be nding flaw courts. Where the status pf the feiony X S = \ger | cases has been ascertailed and the| great in | witnesses located copies of the pleud- | ext ¢ith the issuance’ of spuri- | ings will be filed and the hearings pro- | the orders for grain, are ceeded with in the same manner as lhe- r benefited greatly in their | fore the disaster. e as a result the disaster. For| “In the Superior Court there were K must be | them it is claimed that the vital rec-|pending at the time of the disaster gal scrutiny is stupen- |ords for the prosecution have been de- | many felony cases, in some of which gétior disputes will prob- oved and that a case cannot be made | the indictments had been found, but in £0 extensive as is general . at eviden. 2ins in the most of which inforations had been| & - be enough e District Here | filed after preliminavy hearing in the rk will belis a @ nee of of y for | police court. All of these informations titles to Assistant District Attorney O'Gara de- |and indictments have be: destroyed, clares that the records in the case that|but in nearly all of these cases copies ings will be had or indictments be | Appeal appened e taken to his home |of the informations and indictments found by the Grand Jury. There are r gis P r perusa < v and were in this will be supplied. In these cases, as in | also a very few cases in which the < f s are suffict on which | the cases pending in the police court, | principal evidence is documentary. er to warr rther prose the main difficulty encountered has “This evidence having been destroy- | Many cases will have to be ed, | been in locating the witnesses. ed and it being almost impossible to | gains | however ack of and There are, of course, some few cases supply copies, most of these cases can- | aisaster p s fnability to record mplete. | where it will be impgssible to supply | not be successfully prosecuted, and it | v The rn requiren.ents e law|copies of the indictments and informa- will in all probability be a wise and | must be followed as to persons accused | tions, and some of these cases, as well | economical measure to dismiss them. |ston an of crin 1@ no principles of equity|as those in which the witnesses cannot | In addition to these cases there are a | devolve Ao {can be it - be located, will have to be dismissed; number of cases on appeal to the Su- | office, by Attitude of the Working while in others new preliminary hear- preme Court and ‘the District Court of for not only | proceeded with, No difficulty should be en- countered in these cases, for a full rec- ord of each case of appeal has been pre- | served at the office of the clerk of the Supreme Court at Sacramento. “Let me add that at the time of the the calendars of all the crimi- nal courts were crowded, and as soon as the courts convene in regular ses- immense amount of labor will upon the District Attorney's must all these be but the entire record . Qo QOO punts in all these cases must be supplied by |1dnged to him. The lawyers talked that office practically at one time, and | three minutes each, and landlord and in addition I anticipate that there will | tenant were convinced that it was fair be a great number of new cases call- |and equitable that they should share ing for attention, involving in some | equally the good fortune the ill wind cases new and intricate questions—the | had brought them. Calm reflection necessary and logical result of condi- | brought the disputants to the same tions growing out of the disaster. | view, and they began to feel good over Already a few criminal prosecutions | doing the right thing. Bach was going have grown out of the disaster. There|to have $150 a month added to his in- |have been a number of big thefts of | come, anyway, and to them this was loot, and misrepresentation to the in- | much like a fortune. |surance companies have occasioned a| “Yes, the lawyers got their fees at | number of arrests. However, it is in | once. Each client suggested a fairly the civil branches of the law that the |liberal fee in the good humor that came lawyers will find the great work to do. |upon him after the righteous adjust- here will be many disputes be- | ment of the dispute had been made. tween landlord and tenant,” says At- | There is plenty of work ahead for the torney Maxwell McNutt. Not alone |legal fraternity, not so much in fights | will business locations enjoved before|in court, but in the many transactions not in the nature of contemtion, such as the straightening out of records and restoration of lost papers. Already the people have begun to flock to the of- |fices of attorneys. They come with | money in their pockets, too, and the | prospects are very bright for the prac- |titloner to quickly recoup himself for loss of offices, library and other tangi- | ble assets. | “It remains for the lawyers to main- tain an attitude on a high plane. If a complicated case acises an attorney who may adopt ugly tacties can cause no end of trouble. We shall possibly have {the opportunity of picking out the meanest men in the profgssion in San Francisco. However, the courts will look with small faver on those who try to drive advantage of the difficult sit- uation. The Judges can and undoubt- edly will take the broad views such as the very important matter of public policy dictates. Shystering tactics will be frowned down with unmeasured se- verity. “The conditions are such that men will have to get together and settle disputes out of court as far as possible. A hardy spirit of fair play is mahifest- ed on all sides. Already a very interesting action has been brought by tenant and landlord of ante-fire time. The lease had three years more to run. The statutes say destruction of the building terminates the lease. The landlord regarded this as accomplished and took advantage of the opportunity to rent the premises for a bank that fixed up temporary quarters. The tenant says the walls and ceiling of the place were left intact by the fire, and he demands that he be allowed to continue possession. Here a question of fact, probably most diffi- cult to solve with good conviction, is presented. Many such cases will in all probability arise and novel points of law will be in abundance for adjudica- tion by the profound men of the bench. But in all the complexities and strange turnings of the course of ad- ministering justice San Francisco will see reawakaned the code of ethics onm which is founded the noble profession of the law. the fire be the subject of dispute in the | new order of things, but there will be much contention between landlord and tenant in the district that escaped the flames. | “For example, rents went up with a |bound along Fillmore street immedi- ately after the fire in the desire of business firms to establish themselves there. Tenants took advantage of the |situation and sub-leased their premises. | The owners of the property in many instances think they are entitled to {share in the sudden increased pros- perity of the street. Where the leases jare not specific a dispute arises at nce. Where they are, property own- | rs think they should not be held to literal interpretation when there comes |up an extraordinary condition not |reckoned with in the usual course of | events. | | “What is the disposition of the law- |vers? It is generally agreed that ten- ant and landlord should share equail in their opportunity to make mone) I can tell you of a case that came up today. A man had a small store on Fillmore street that was considerably larger than his business required. He quickly put up a partition and had good space to sublet and he promptly entered into a contract at a good figure. “The landlord thought he was en- titled to the increment. He went to his tenant and demanded that the sub lease be turned over to him. The store- keeper refused and they were soon in hot dispute. Each rushed to hunt up the office of his lawyer. By the way, you will notice that lawyers don’t have offices nowadays; what was a single bedroom is an office. 'Now what did those lawyers do? They at once came together and agreed that the landlord ought to have half of the rent increment. That conclusion was reached without discussing a single statute or a single point of law. | They simply talked fair play. “Next the clients were brought to; gether In a second conference. The landlord wanted all the increase of \rent; the tenant maintained it ali be- Girl Toward Chantable Organizations. BY ROSE H. P. STOKES. a very well meaning and overdressed ik \p, WOman whom I met downtown one 8 e W< B "j;““'}fp day, a woman who did not know me oy - . and whom 1 did not know. “Look at - king g wh [: bbath day and their hats and suits The woman ex- her days sees wealth and fash- Pected tatters, and was rather sur- : on the other side” in a1 Priséd and shocked to find decent B o 2% clothing. perhaps a trifle gay. “Why how glitter, while the vic- the children uptown dress no better ed and oppression lie sick than that!” I was glad for the work- poverty stricken in temements | ITE EiTls that their critic took no walk ' £ n in S| through the east side stre and s thereby avoided setting further harm- . ful example of extravagance, show and es are caused to the less . ty, already so widely set by her minded working girls through ! cla gh foolish attempts to A word must be said in regard to the bits and dress of qhose WOTkKing girl's attitude toward that patronizing, condescending type of in- w i i dress extravagantly terest show o often by h women . rse, thought by wealthy toward working giris’ clubs. It is far & e t no blame is thefrs 100 common in our settlement houses el oo foolishly foolish amd P4 elsewhere, even in tenement homes themselves, to nd wealth omen 5 exXgmy The attitude of the yery expensively ssed attempting to we fl Iy in this regard encourage the so-culled unfortunates who in his first bY Visiting them and t-lling them what g S ) . rey should do. Not long ago in one A A . f the principal sett'ement houses of € eans this liberty of New York a wvery fashionably dressed s become stumbling bl to woinan, a lorgnette dangling from her ¢ hh b i finger opened the door of a work- ing girls' club, uninvited, and, raising w these working girls do dress! per jorgnette to her eyes, surveyed the wor they are poor!” exclaimed and, as though desir- ing to compliment the girls, remarked in the hearing of all, “What a very at- tractive looking lot of working girls these This sort of thing is by no means rare. Wealthy women visit ng settlement houses, as they do i large numbers, feel offended if théir desire to visit in the building is discouraged by those in charge. In some of the larger set- tlement houses an evening rarely passes without from two to half a dozen groups of such visitors showing their lack of regard for the feelings of others by intruding upon the privacy of one club aftér another, {nspecting them successively as they inspect dnimals in their cages at the zoo. And now a word as of the working girl toward organized charit She knows that there is no true charity except where there is true sympathy, and that true sympathy can exist only in proportion as there is true understanding of personal needs and feelings. To Dbe sure there are to the attitude many working women who wHl readily | accept donations of money or food or intrustvely every club | WOMAN WHO TOILS=— for the =irl take opposite sides—Mrs. M = | At a recent convention called pround distinction been the puropse of considering condition of the working two women were asked to Rose who clalms the of having girl, and P. Stokes, n working Mrs. Maude Nathan, a woman of | weal | the clos thropic lines—the antipodes of Ith working along philan- economic question, yet mo ely allied that ome cannot live without the other. The one tolls that the other may women gratify her ecravings for fine e clothes and luxuries.! The other lana air. apends that the former may find ||l | of ply. | men in or how More market for her labors. natural law of demand and sup- tentation, hypocrisy or sham, wherever world most needs; more true sympathy; | It is the become Now i | spend alleviate the conditons surround- | specting women would rather go with- | out asking for they are half starved and half frozen | than accept the doles of hard hearted | aid of any kind until laws high places or the doles of 0s-|modern ever offered. | demana fellow feeling is what the Therefo cumbersome been taken out of the home and put| into factories and workshops. for women in this new environment has | ling the seems to be little necessity to expound the economic of WOMAN WHO SPENDS Philanthropic Womem With Larger In- comes Than They Care to Spend. BY MAUD NATHA! The women who spend are in large | begun their studies. We are at pres- measure responsible for much of the existing distress and evil surrounding | the women who work. For centuries have worked, but not as wage- They used to work in cot- tages, surrounded by plenty of sunshine Today, through the invention machinery, work has Work more monotonous and the ner- | vous strain is terrible. n what way can the women who women who work? There truths relating to the supply and demand. All cconomists agree that there is never a supply of anything until the feit. spend of the purchasers be re, let the women who (and women are largely the purchasers clothing whether the gifts be given by more determination to promote justice | of the household) insist that whatever ward politicians seeking the votes of and right living by being® just and liv by such of the rich|ing right one's s as seek through ‘charity” to “cover a subordinate one's personal desires in|the producer. the husbands or multitude of sins” or by societies which advertise conspicuously the don- ors of their funds, but most self-re- ; more readiness to | wholesos |consideration of the needs of one's| fellows, and of the underlying economi: |causes which occasion |they buy be made under conditions me to both the purchaser and Professor Gide, the renowned French st, phophesied that the twen- {inaugurate the moral education of the|for overtime work, are given no vaca- | consumer. Consumers have apparently | tions with pay and no half holiday in summer and are not even permitted to We no long- | sit down when not occupied. then they he civil war | are helping to keep down the standard some of the conmscieMtious consumers of competition to a low level and are even refused to buy the product of | discouraging those merchants who are slave labor. We no longer buy our | trying to raise the standard. servants, as in the old days of inden-| Many philanthropic women who have ture, but some of us seem to think we | |arger incomes than they care to spend buy their entire time, and that they On themselves will give away llf'l. should have no interest in life outside | Sums of money in order to provide of our households. We do not buy little | funds for working girls whoth:‘ve b‘rno; ¢ | ehildren. but we still buy the prodaet|Eon down plvsioaliy.’, mbnkesty lof child labor. We use underwear|mofall7, yoi bad these women In pro- i woven in Southern mills where tiny| viding for tnelr own waats taken the children are allowed to work all night PT' !long. We wear shoes which they help | ® W ecaution to spend the money In sash |to make In factories, hats which they | fof Working girls the workers, in all | ent in the primary grade. er buy slaves, and during t | ay as to create favorable conditions I . hey | provability, would not have broken rald, W e I o e to” make | down and would not have required any [ ald. . tenement rooms. We wear silk and velvet which they help to make, assist- ed by large machines which seem to be as intelligent and mature as the children are. We use paper boxes and bags made by them. We eat candy Instead of organizing working girls" vacation societies, let us give working girls vacations with pay. If there were no cruelty enacted toward animals and children there would be no necessity {and we are still willing to have all| ;.o gealt to the poor and helpless thera these things carried home to use by | ot FPCt @ U8 BOPE GG T egal Ald So- | them, even though they arrive at “‘ciely We should hang our heads in late hour at night. | very shame because of our need for so If the women who spend patronize many charitable institutions; we should stores where notoriously women who | not feel that they are a commendable those needs.|tieth century would be the century to | work receive low wages, are not paid | source of pride. TENDERFOOT'S BLUFF TAMES COLORADO BAD MAN f the bad men that I met|show in his features, and he had] Jack yonder in the days when |chipped at least nine notches in his bad men actuaily existed were 8o ¥y gun before he struck Durango. satile their moods, to put it|It was known about, too, that he hadn't w 1t mobody could figure out been on the level in his way of killing of I Dur al into # victims, and when he ngo and set up his game | upon by all hands--and wasn't peopled by trouble either—as a man who'd were liable to do'in a observed Abraham Kauf- r leader of the orchestra of | Grand Opera House in Den- t in a good many years in o camps when they were ~I fell to thinking of couple of days ago when I read story in whigh a seasoned but e gambler took a chance by a jackpot without holding and winning out on the play. a tenderfoot take a stiffer chance got he was looked Durango duckers then, be liable to take some advantage in a mix-up. ‘He wasn't liked, but his game was on the square, and he had plenty of play. He did most of the dealing him- self, and he often dealt without the services of a lookout, so eagle-eyed was he in watching every move on the f once with one of the worst|poard. me the West sitting on the other “Well, there was a hard-drinking! of the table and get away with it. | young chap struck Durango gfrom Pack Upton, who was shot to rib- Philadelphia who didn’t know any more bons by a posse of deputy marshals in|about the underlying spirit of a West- 1588, had a fiyer faro lavout in Dur- ' ern camp than he did about branding ango, Col, in 1881. Upton was poison steers, but who had a knack of stowing | B the w through. He bad pretty away champagne at $8 a quart that ne as much Indian in him as beat anything Durango had ever seen | ;rum @lthough the red stuff didn't: - previous to his arrival. What he was doing in Durango nobody knew. probably didn't know himself. dollars, and_this sum lasted him fully three days. “He hadn’t gone up against a single gambling game in, order to get himself broke so suddenly, but he was a basket orderer from the uplands and 1even a thousand doesn't go a great dis- tance when every quart costs $8 and everybody within sound of the order- er's voice is in om the opening. The fool boy blew all of the hangers on of purango off to the 38 wine till he was broke. Then .se went to his hotel and took a snooze over it. He was a kid of about 21 or so, slender, smooth-faced, | |and bovish looking, and he was rigged out in tenderfoot raiment that was only allowed to get by in Durango because its wearer was a spender. “When the youngster woke up at the end of his three-day whirl in Durango he didn't have the price of an eye- opener, much less of one of those bas- kets he had been ordering so profusely. Howt.;\-er, he wasn't exactly the kind of A blow in “On, be he's { “‘I guess I'll see if I bank some,’ he said to the hotel clerk. “‘Pizen,’ said the clerk. the way to Pack Upton's. never been in there before, and Upton | had never clapped an eye tpon him. “When he walked in, besides the six or seven playvers sitting around the table at ‘which there were half a dozen men his fellows who had on occa He fixed him- |in a onthis favorite prescription. It | for me," was about 9 o'clock at night when he ed to go on the card. made his appearance in the hotel offic. | they'd toss the goid over to Upton. And none of them failed, can't rap a have th ‘Real pizen. well,’ said the tendertoot, may- not so bad,” and he strolled over card in Upton was dealing, spanding He!a fool boy who'd attempt to make a|behind the chairs, dropping bets down k He had | borrow from landed there with mbout a thousand | helped him to go broke. sional cards they liked. Once while, when these standers self out with a shave and hot towels, couldn't reach the cards, they wanted and turned up in the hotel office as| to put their gold on, they'd call out and spick and span as if he had another in a low tone to Upton. bundle the size of a horse collar to put a marker on such and such a card |{when 1 make one for fun. ‘Pack. just hey want- they lost, naming the amount 't 1t either, e gold by him to toss over. and then he looked straight at Upton, who was halted with his finger on the the box, waiting for all bets He had | to be laid down. “‘Just put a marker on the ace to| win a hundred for me, will you? the in A& wondering kind of a way. tenderfoot said to Upton. “Upton looked up at the youngster, that bet for fun. to see if there was the hundred, and had that very evil whose face was entirely new to him, and nodded. He put the marker on to! the ace open. The next turn brought “At this instant every man sitting the ace out on the losing side. The around the table was ready to drop to tenderfoot didn’t bat an eye. the floor to flop low while the bullets “‘By jove' he said coolly yawning were flying. It looked like a sure case stretching, ‘the luck sure is|of dead temderfoot. Upton studied the against me. I can't even win a bet|youngster intently for a moment, his | features working with anger. The boy |, “Upton looked up at the lad pecul- stooq looking at him in an Innocent liarlt, apparently doubting whether the | wing of way, with his hands in his |tenderfoot was fooling or in earnest.|iroucers pockets. After about thirty RS RERES T IxGuinad, | pretty quiet seconds of this. Upton's | T said’ replied the tenderfoot, just|garic race creased into a srin. | ‘Where's the nearest bank?” “The Philadelphia tenderfoot walked as if he were talking about the weath- ~ A “‘Well, there’s Pack Upton's across|up behind the crowd of men standing |er, ‘that even when I bet for fun I ‘Son,” he said amusedly to the ten- the way,' said the clerk. “Fle runs a back of the chairs aid peered over the can't seem to get anything.' derfoot, ‘you r_n§)u a hit with me square game, but you don't want :o‘Shoulders of one of them in order to| “Upton's face darkened, and the men Here, take this'—reaching into the get tangled up none with Pack or he's have a look at the case keeping of the | who were standing cround the tender- \drawer and pulling out five double liable to make a lunch off you.” chap sitting down In front of him. He|foot edged away as by a common im- cagles—and sec what you can do with “'Bad, eh?” sald the tenderfoot. studled the list for a moment or so,|pulse. They thought they sniffed some- it up the block’ and he handed the thing coming. ‘Where's your hundred for this marker? inquired Upton, flicking the marker from the ace. “‘The hundred? sald the youngster o thought 1 just told you that I made perfectly self-contained tenderfoot the . | hundred. “The tenderfoot accepted the coins with a murmured word of thanks for the ‘loan,’ went ‘up the block’ to an- ‘other faro bank, won $800 inside of an {hour, returned and paid back Uptom * going to be anything doing in the way | proposition for a stanch friend during of luck for me.' ] Y ) Jthe remainder of his stay in Durangoy