The San Francisco Call. Newspaper, February 26, 1907, Page 3

THE SAN FRANCISCO CALL. TUESDAY, FEBRUARY 26, 1907 Jerome H Tales of Cruglty Are| Denied by Evelyn From Stand Continued From Page 1, Column 4 [ tographed reproduction of the final pPage of the Hummel deposition, bear- ing her appare ature, as well as those of the notary public who attested 1t ced by the camera with is that?” asked Nesbit Thaw was called to the stand | at the opening of today’s session of her husband’'s murder trial, and with- out any preliminary statement District Attorney Jerome plunged into the| cross-examination. Mrs. Thaw looked refreshed after {her three days’ respite and answered the first questions confidently. Thaw broqught with him from the Tombs several packages of letters and papers. | Jerome, as upon the previous days, | continued to jump from point to point in the witness’ story. He first asked her if she had not had trouble with her mother in Alleghany before going to Philadelphia to live—if she had not run was for Delmas, not- was not an original, hic copy, in- obtained an ad- hour before the that tomorrow authe cate ng to the witness and Snyder, h better spir- perg P s |away with a girL Mrs. Thaw replied | erter ooty (a0 |in the negativa. Mr. Jerome's next| She had all her |Question was: “How long after the ot fare at all | OTUSEINg in the Twenty-fourth-street he District At. house was it that the account was| t ex opened for you in the Amsterdam | Bank by Stanford White?” Instead of further hurting the cause rs. Thaw managed to of husband make two @ec her 1 can't tell how long—it might have been 2 nth mo: | en did you first meet Francis Belnwu""; 4 last Thursday | When I was in Florodora.” it her own statements Jerome continued to bhold documentary evi- t a letter of credit |dence before the witness before answering his questions, formed on affidavits from her moths “'Hed you gone to supper with Francis B mont, before you met White?"” Again the reply was in the negative. from Stanford White while touring in Furope-and had turned the letter over to T The wit- She explained today that Thaw took | ness sajd she had gone to several suppers aft: the letter of credit from her, saying :)vxnrr‘dn»r gfi: White was present at all of th‘m: : was - “‘poisonous” and that = Jerome ssked the witness if she had not often nor he er should | gone to suppers with two men whose names he 1d provide whispered to ber. hatever had been | X r went with them, but they were & present.”” she declared, was id they not on occacions take you home?* “‘One took me home once and the other twice, but there was another person with me.’’ “Do you know Angela Vincent?” THE EMBASSY EPISODE point Mrs. Thaw made ng the cablegrams which Yes A letter was shown Mrs. Thaw. dsted Boston, January 20. 1002, addressed to Charles Hartnett, White's private secretary. It read: | Dear Hartnett—Telephone Mrs. Nesbit to let | you know whenever Miss Evelyn decides to go | on her vacation. Then send this note to_tbe | Mercantile Trust Company: - ‘Please notify Mies | Nesbit that on recelving word she {s abont to d to have sent to Stanford Tt Le ndon appeared rams were s sence ising White to Holman from interfering with Fvelyn | start on her vt:u(‘lgg Tou wmd;;ga hlerhm;, in compeny wi o a0 checks for and an a onal chec! . PUky WEN Thk 00." STANFORD WHITE.” rome took up the subject again today, but Me questions elicited the informa- the letters did not concern w at all, but related to a man v of the American Embassy whom Mrs. Thaw said p to mama’s bedroom er.” She said the man her. and that Thaw of him but failed to INNULS MARRIECE TO BECOME LEGAL WIFE Consenting to the annulment of her marriage t6 the man she loves in order T 1 to him as his as separated Judge Graham from Ed- whose wife she has herself to be since hile both Wishaw and THAW SENDS HER MONEY The Introduction of this letter and several | checks refreshed Mrs. Thaw's memory to the ex | tent that she lived at the Audubon apartments | from February 10 to April 1, 1902. Between tion Mrs Ap to live at the Wellington Hotel. The District Attorney spent ome time In developing this point, and sgparently attaches much importance it. The witness testified that she first met Thaw either in December, 1901 or Jamuary, 1902, at s dinver st Rector's. | * This dinner was after a matinee and lasted o an hour. ‘At this dinmer,” asked Jerome, “‘was Thaw fonalP" rat ee “When he came to pay the check he aid not require any help in making the change; didn’t | require any ome to tell him the denomination of 187 sir. ad Thaw during the first weeks of your ntance given yon any presents?'” only some violets.” be ever send you apy momey with “Did , once. this before or after he had cailed upon 1 can’t remember." “Did it make an impression on your mind?” That is why 1 remember it."* ast June. W ou_were not in the habit of reseiving Birs. Denton-asked for the granting of | MODey from men, were you the decree in annulment they both de- she replied, indignantly. How many times bad ke sent you the moner?’ 1 can’t remember.” ‘Didn’t it strike you as strange?”’ ““I knew it was always done at the theater. seen Thaw before ey did so on]y to rectify| o they had made, and that| to become man and wife is légally possible. | | NEW YORK, Feb. 25—Mrs. Evelyn 7 | the American eml | to my mother's bedroom when sbe was in bed | York from Europe sbe stopped first at the Hol- 1 1 and 17 Mrs. Thaw and her mother went | urls Bomb Into Defense’s Camp District Attorney Introduces Evidence " to Show Thaw Was Vicious Thaw on a tour of Burope, did you mot?* asked erome. “1 d14 not,” she replied. ‘“The cablegrams,” saild Mrs. Thaw, ‘‘were about my mother and a man whose name I gave you. That men happened to be a secretary of bassy, and that is all the em- | bassy had to do with it. This man eneaked up and insulted her.” | Mrs. Thaw said the man had fnsulted her i | London aiso. Mrs. Thaw sald that when she went to New land House, but unable to secure rooms she went on to the Savay. In answer to questions, sbe insisted that she stopped mowhere else and Qid not use the telephone. In describing their life in Parls, Mrs Thaw said she found {n the rooms some peculiar-looking needles which looked like needles. She asked Thaw about them and he said they were old_stuff some one had left behind. Thaw had never written her about them, she said, whereupon Jerome produced ome of the letters. which the defense had introduced, in which Thaw mentioned the needies and ex- plained that they were notyfor morphine. Thaw did mot drink heavily in Paris, she testified, ex- cept occasfonally. At this point Iluncheon recess was tsken. THAW PAYS THE BILLS Mrs. Thaw, after.the poon recess, resumed the stand. After returning to New York on October 24, 1908, ehe went to the Savoy Hotel and then to the Navarre, staying at each hotel several weeks. Her bifll at these hotels she pald out of the money given her by Thaw. Before she left the Savoy she had begun tn believe the terrible wtories White told her about Harry. “But you continued to pay your expemses out of money Thaw gave you?' e “‘Did White give you any presents while there?” While at the Savoy Mrs. Thaw sald she went out several times with White and told him about her travels with Thaw. :Did you tell him about your mother?” He knew more about the matter than I afd.” “‘What did he tell you me kmew abont your mother ?”* Says Wife Signed Statement That Husband Maltreated Her “‘Was there ever any talk of a suit against Thaw for kidnaping? ““Not that 1 ever heard.” “Were you depressed upon your return to Am;flcl in 19037" “And Thaw bad proposed to you just three monghs befare?” enr The witness admitted that she and Thaw sat down at a table In @ restaurant with the man who told her that Thaw tied girls to bedposts and_beat them. “‘He was more or less amused.’” !Zgi. Thaw testified that she went with Thaw to the Grand Hotel iz January, 1904, and lived with him as his wife. One day, because of a conversation she had on the street with a woman, she left the defendant snd spent the night at the Hotel York, returning to w the Dext day. SECOND TOUR OF EUROPE “Did you let Mr. Thaw know at any time that you had any improper relations with any other man besides Stanford White?' asked Jerome. ““No,” was the decided reply. “How long did you stay at the Grand Hotel?* “Until we went to Europe the second time. I think it was March 1, 1904.” ‘““When you went to Europe what names did yog _travel under?” r. Thaw traveled as Mr. Harry K. Thaw and I traveled as Miss Bvelyn Nesbit. This trip_included visits to London, Paris and numerous Itallan cities and lasted until No- vember. | ““When you returned to New York where did | you_go?* ““To the Cumberland, I think." “You had to leave the Cumberland?* Yes.”" ““When you were directed to leave, what was Mr. Thaw's manner?” “Ratlonal.” ““When you went to Abe Hummel's office you bad @ talk with bim?” “Did _you not tell him of the detafls of your tfllv to Burope "’ “Yes.” | “Did you not tell Abe Hummel at that, ttme | that Thaw beat you?" “I did not.” Delmas’ objection was sustained. Jerome asked the witness if her mother and | & Miss Simonton had not gome to White upon thelr return frcm Burope and taxed him with the girl's story of her downfall, the architect | b replying: UMy wife on one side and my son on the other, and may God strike me dead 1f I ever | barmed ber.” “‘Yes, be told me. and he told me also bis body turped ice-cold when they accused him. He ‘ssid be could bandle a doren mammas, but be was afrald of this Simonton woman.' _Mrs. Thaw said that Thaw had sent for Miss Simonton to accompany Mrs. Nesbit home, as she was determined to go. She declared that Thaw pald Mrs. Nesbit's fare to America. She said that before they re. turned from Europe she went scveral times fo dinners at the ‘‘tower.’” Several times she went alone. trusting to White's word that there would | be_others present. M rs. Thaw also told of golng to Philadelphi; and returning with Angela’ Vincent, an setios :Did White tell you about Ethel Thomas 0. “Who ata»” “Abraham Hummel.” The witness never had seen Thaw take cocatne and did not tell Hummel she had, nor {bat Thaw had tried to admidister cocalse to er. Mrs. Thaw, at the direction of Jerome, re- prated all the storles White had told her ibont - aw. by the Hme he srrived in America, you ased to love him?* %, 1 thought It all very horrible.” NO TALK OF KIDNAPING Thaw called to see ber at the Navarre the day be returned from FEurope. She also told of her mother insisting on returaing to America and of her leaving ber mother in London and going on the second towr. ‘Did Thaw ever tell your mother ahout your len\( kidnaped?'’ asked Jerome. bad e e = e ardse over a former mar- ich occurred several a er, wik ears ago. Denton deserted his wife shortly afterward and went to Me e heard that he was killed in lon. On June 13 of last Denton was married at Oak- a car- received Wishaw, month she a to - Mexico Denton, was still al She at formed Wishaw, and the result 3 sult for annulment him, which resuited in the yesterday. a glassblower and ganizer, secured an marriage to Ada K. of annulment Weaver yesterda in Judge Mogan's court. ‘Mrs. Weaver secured an inter- ocutory. decree “of divorce from her former husband, Lucien Wills, on De- cember 21, 19 Weaver- occurre the year necessary cree had lapsed. B0Y SND 70 BE VIGTIM and her marriage to in July, 1903, before to secure a final de- OF CAUEL TREATMENT A contest over the custody of 6 ar- 0ld. Odber Merritt, son of R. H. Mer- ritt, @ carpenter, and Mrs. Bertie Mer- ritt. now Mrs. Bertie Bussow, developed | charges of cruelty and in Judge Troutt’s court vesterday. The father asserted that the mother had held the boy hand on 2 hot stove un to the bone, and ¥ showed the lad’s han some unususl mismanagement substantiation on which was a huge red scar. The mother made the | counter charge that the father had of- fered the boy cigarettes to smoke. When the Merritts were divorced Mrs. Merritt was given the custody of | one son, while Odber was given into his father's care. She sued for a writ of habess corpus to gain possession of the boy. Judge Troutt denied the peti- tion. seen other boys smoking and begged for s ocigaretts, as though his heart would break. For an object lesson the father gave the child a cigarette. He was arrested for the act, but the case against him was dismissed. After the hearing in court the mother begged to say goodby to the boy, but the sobbing 1ad clung to bis father and refused to speak —_— SEEKS MISSING RELATIVES patrick F. Gately of 6 Conant place, Roxbury, Boston; Mass, has written County Clerk H. I Mulerovy asking that efforts be made "to locate his mother &nd three sisters, from whom he has not had any word since the fire, Gately does not know their old address, put states that he has an uncle, Pat- rick F. Gately, who owned and lived in & house at 1517 Broadway before the disaster. A A T AT USES HAYFORK IN FIGHT A Risi attacked 8. Farraifa with a pitchfork yesterday morning and would ) have killed him but for the interference | After the fork had been | Period of their acquaintance. of hystanders raira’'s condition 1is serious, wounde having been Inflicted with the tines. Both men were emploved as brickmakers at Gray Brothere’ yard in State street. i s Exhibition of paintings by Jules Pages. Vickery Galleries, alifor. mis siTeet, February 20. * it was burned | Merritt expleined that his son had| I saw that going on all the time.” “Did vou knmow him well?” Nos® % i : In His New Vehicle your mother make yon send the money “Who 814 send 1t back? CrCSton Clarke : Displays Art “I_did. *How much?"’ “Fitty dollars.” hen she sew Thaw sbe asked him mot to do| | such a thing again and be apologized. g He was self-possessed at that time. Mrs. Thaw was questioned regarding a cos- tume ‘supper at the Hoffman House late in the summer of 1902 which she and Thaw attended. — By James Crawford There is one really intense climax to St ‘ecasion. The sumper broke mp bovt 3 . |COMPpensate for a great deal of rather m. After that the witness did not see Thaw | Commonplace matter in “The Ragged for & Jong Ume He went abroad. Asked as | Messenger,” Creston Clarke's new ve- fo how Joften she saw Thaw up o June. 1802 | hjcle, which was started on a week's | she said "‘ll;‘n.m ffteen times, but could 8ot} oy~ Jugt*V evening at the Novelty You were shown a paper in Abe Hummel's | Theater. The play is somewhat akin to “The | > Christian,” inasmuch as its central the name; I cannot identify the|figure is a young clergyman whose | signatu life is devoted to evangelism in the At Delmas® request Jerome sald the paper was | stgned “‘Bthel Thomes.”” Mrs. Thaw sald she | bad not read the paper and Jerome did ot press | bis efforts to find out what it contained. It is supposed to have been connected with a | euit_against Thaw. ‘“When you returned from Europe in_October, | 1803, 418 you not go direct to George Lederer's | |office and telephone Stanford White?” asked | Jerome. SHE SUPS WITH LEDERER slums. He is made the beneficiary of a millionaire's will, and a young woman, who had been betrayedsand cast adrift by the Croesus, conspires with a conventional male villain to obtain the coveted fortune by enticing the unsuspecting legatee to marry her. This she does by joining his band of i | workers. Of course she falls in love a4 mot.~ with him, and almost equally, of the 8 not Fou £ 10 telephone MF. White from | courge, he makes her his wife. # id pot.’” Her baffled accomplice, when in- T di Didn’t you see George Lederer before you 7 formed of her repentance and deter- te?” mination to be an honest woman, seeks revenge by endeavoring to make her appear in the light of his mistress. He sends a note, inviting her to his chamber and the missive is intercepted and falls Into her husband's hands. Its contents, however, are already known to their mutual friends and to save her from shame he pretends to believe her innocent. His effort to convince them brings the interest-grip- ping climax. It comes in the third act. He sur- reptitiously scribbles on the note, “Don’t come,” instructs a servant to @eltver it to his wife, and then invites the suspecting ones to accompany him in waiting and watching for her. The stage is darkened, and when the lights. reappear the night is supposed to have passed without the object of suspicion having left her apartment. Satisfied with the test, his companions retire and the wife enters. He confronts her with his knowledge of her past, up- bralds her for having deceived him, and as the curtain descends he declares that he shall not divorce her. That scene redeems the play from common- placeness. It was rewarded with four curtain calls last night. In the last act comes the usual reconciliation, with happiness for all the good characters and confusjon for the other kind. - Mr. Clark as the evangelist is equal to all the requirements of the role, his | Sbe first saw Lederer in 1302 when she went to him with a letter from Marke looking for a position. »Did you ever 5o to supper with Lederer?” “Yes. “Alone 7 Yes, The witness first met Jack Barrymore in the summer of 1002 in the ‘“‘tower.”” Stanford White and some other men and giris were also there. She could not sey when sbe next saw Barry- ‘mo? Sbe bad gobe to supper alone with him. Did you ever go to Dr. Cariton Flint with | Jack Barrymore? mor Yos, sfter he had seen my mother.” “When did you last see Mr. Barrymore?'” “When 1 went to call on his sister in Pitts- | burg in 1906." At this point Dr. Carlton Fiint, who had been sent for by the proseention, appeared in court, was escorted to within a few feet of the witness and_confronted her. Did you ever see that man before?” dsmand- ed Jerome of Mrs. Thaw. The witness turned quiekly toward the doctor, | besitated a moment and said: | “Nover. You are sure?™ To the best of my knowledge 1 never saw him betore. 3 you not go to him with Jack Barry- 0.5 Dr. Flint withdrew. “Did you ever stay out al more?” asked_ the proseautor. No.*’ Didn't ¥ou go to supper with Barrymore one night with Barry- bt e e tel ying S e mae Sh e S g, ML | eFork3n the THING AN TOREthRSEE bs: party? ing absolutely clever. Virginia Thorn- | 7 Y remember nothing of the sort."” ton displays ample emotional power when it {s demanded. A most interest- ing figure i8 the B87-year-old actor, John Carter, in a part that fits him admirably. Mr. Heffron, as a mon- ocled villain, and the remainder of the cast, are adequate. The staging is ap- propriate. ¥ ‘Did Stanford White at any "'B'a"“ Lake actien agaisst | as objected. t is very material.” declared can show that Stanford White Barrymore time sesk to ore " e Juo:u' “1;. we sought to have on a charge of seduction.” DELMAS SUSTAINED ‘That might show npothing wmore,” rejolned | Deimas. “‘than the jealousy of an older man of L o PR B . cross-axam! 8 B [ tude.” ramarked Justics Fitsgerald. “bu tbis MURRAY AND MACK question will not be allowed.” Jerome next ked o S g B to her. e decla: e not whether Thaw had matrimanial intentions during the first Murray and Mack, the Trish comedi- ans, opened a week's engagement at the Central last night with a mixture of the sort of “fun that always goes with one of their productions, regard- less of title or plot. This particular piece has a title, “Around the Town,” but as to plot, there is none. Instead, there is a kaleidoscopic offering of singing and dancing, sprinkled. with jokes, and the best that can be said is | that most of the latter are new. ' The playbill announces the Town” is constructed Jerome then took Mrs. Thaw over the trip she She dp-:;g she had traveled as Mr. Did you not tell him that Thaw outraged yon against your will?”’ | o id not.” | Jerome continued to questton Mrs. Thaw abont ber visit to Hummel. reading from a photo- i‘flphh‘ copy of the famous affidavit. Jerome | said he would later submit the paper to the wit- i Dess, but in the meantime he got practically the entire document before the jury by asking ques- tions covering every one of its allegations. | ~Mrs. Thaw declared that she bad not told Huuumel the things alleged. One of the incidents related in the affidavit which Jerome read was that while traveling in Europe Thaw had torn her elothes from her body and had beaten her, acting all the while Ifke a person demented. | “Dia you tell Aummel you had fomd a bype- | dermic syringe among Thaw's eXects?”’ *‘1 did not."” “Did you tell Mr. Hummel that Thaw threat- ened to kill you? “I did net.” She denfed that to!d Humme! that Thax bad beaten Ler because she said that the state- ment that a married man had and rav- ished her was not true and because she would not sign a paper setting forth such a story. HUMMEL TO TAKE STAND Jerome then offered tme witness the photo- graphic copy of the Hummel affidsvit. Mrs. Thaw said that the photograph reproduced a sig- noture that looked like hers. Deimas objected to the use of the photograpn until the original was produced or accounted for. Jorome suid he would bave to interrupt the examination to call Abrzham Hummel and his stenographer to ider- 1ify_the photograpbic copy. ““With the underscanding that Mp. Hummel is to take the stand toxorrow, e agzree to an adjournment at this time,” eaid Delm: District Atorney Jerome safd thar a photograph of the affidavit was admitted be would have a few more questions to usk Mrs. Thaw concerning it ard he wocld then be ihrough witn’ hes, Court adjourned natil 10:30 tomoerow morning. large audience in an uproar of merri- ment. Charles Murray, in the character of ’\‘Vlarh’n Hogan, wears a high hat, flare- tafled coat and auburn side whiskers, Wwhich are probably direct descendants of those which graced his dountenance a decade ago, and Ollie Mack's facial fringe of glaring red dates from the same time. Thomas T. Shea, as Tired Tompkins, @ Very scarecrow of tramps, is one of the best characters in the production. Gertrude Rutledge appears to advan- tage as Mlle. Prym A. Donna, and her singing of “Somewhere” won her the lion’s share of encores. Gladys Van is a dainty ingenue, her best numbers being those with Bobby Harrington. The chorus is as good as that of the average musical comedy, but more me- lodious than handsome. COLONIAL THEATER The second week of “Salome” at the Colonial began last night with the usual crowded house and enthusiasm. A new curtain-raiser was provided in the one-act farce, “Who Is Who?" which hinges on a mistaken identity— not a new device, but one that is sure to provoke mirth. In spite of the fact that Orral Humphreys, who was to have played the part of Simonidis So- ranhopper, was ill, and that the part had to be taken at a moment’s notice by Norval McGregor, the play went off without a hitch. Frank Bacon added another to his Successes as the pompous manservant Lawrence Lavender. Bessie Bacon was charming as Cicily Brambolton. Jane Jeffery as the affected maidservant managed her cockney dialect well and played with much humor. A. Burt Wesner completed the cast of the bright little production. £ “THE SINGING GIRL” “The Singing Girl” commenced its second week last evening at the Amer- ican Theater, and the audience was large enough numerically and in appro- bation to assure satisfactory attend- ance until the piece is withdrawn next Sunday evening. CHUTES THEATER West's Minstrels took possession of the Chutes Theater last evening and will remain there throughout this week, giving two performances daily. Som new songs and sayings are in their programme. —_— JIM GOFFROTH HAS TWO Bl MATCHES IN ViEW Jim Coffroth, the fight promoter, has in view two matches which he believes he can bring off in this city or at Colma this year. One is a contest be- tween Bill Squires, the champion heavyweight of Australia, and Jim Jef- fries; the other, Joe Gans and Jimmy Britt for the lightweight champion- ship. Coffroth is sanguine that he can get Jeffries to don the mitts again. He is waiting for the Legisiature to ad- journ before as] the icity fathers for a permit. 1 —_— PRICE RELEASED ON BAIL Clerk Monckton of the United States Circuit Court of Appeals received a cablegram from Shanghal yesterday announcing that Judge Wilfley of the United States Court for Ch | sion for a con: TO THE POLICY-HOLDERS OF THE NEW-YORK LIFE INSURANCE CO. AND THE INSURING PUBLIG “In order that you may know directly and officially the condi- tion of the Company at the close of 1906, the fallowing facts are {mh'nhwd. for your informations During the year the Company received— From Policy-holders, ...:. $82,368,736.80 i interest on investments . gmhdhm-pnfih. e, 1353344131 . 5 Total, .. samwem. Tz peq . 3. $500,902,178.7° Deuring the year the Compaty paid in Death Claims, ..~ 21,525407.00 T policy-bolders, for matured Endowments, dividends, T °n§n':ch vafuses, efce - I vieli o atiwiied 23446.011.00 Total direct benefits to policy-holders, 44,971,418.00, the year the for the of During the year the legal reserve protection of policy- 29.559,897.00 bolders increased . Acd the Compaoy loaged to abost 75,000 policholders, cotie. mua:gmmus%m Syigege) 21.57,734.00, Daring 1906 the Policy-holders received— In Direct Benefits, and in Cash;Loans, the sum of $66,543,152) which was more than 3 * 93% OF THE INCOME OF THE YEAR, “after setting aside the sem:zequired by law to. meet its future obli-. gations. The dividends to policy-holders in 1907 will be over $6,000,000. The Investments of the year were, chiefly in bonds, real estate’ mortgages, and policy loans. ; There was a material increase in“the rate of interest earned on (teaf estate owned. s The investment of the year in real estate "mortgages was the 'largest in many years. : z A All real estate mortgages-are: first” liens - based “on = our®own _appraisals. 5 In a list of bonds whose par value is $346,945,919.00, NOT A DOLLAR OF INTEREST WAS IN DEFAULT AT THE CLOSE OF THE YEAR. The Company’s mortality rate was lower in 1906 than in 1905) THE RATIO OF EXPENSES TO PREMIUM INCOME WAS 5% LESS THAN IN 1905. The year 1906 was a period of trial. It was calculated to ‘test the quality of every company. The New-York Life Inl«nnce{ Company begins 2 new year with repeated and conclusive evidence of strength and with increasing ability to do.for tts membesship what its policy contracts call for. A detailed statement, showing the condition of the Company as of December 31, 1906, and the transactions of the_year, will be. mailed on request. Lelavaks eiolizie’cie s o o o o . o (By order of the Board of Trustees.) ALEXANDER " E.” ORR; Presidént; WATER PLANT MAY -BE FORFEITED TO THE CITY ‘City Attorney Baggett Says have been a mental burden which pre. cluded the pursuit of ordinary precau- tions in the legal department of the company. At any rate the usual injunction was not applied for. For that reason the ordinance of the Board of Supervisors fixing the rates in February was of full uation, cost of repairs, the knowledge ‘ is acquainted with the provisions of the that the city itself was not using its|penalty in the constitution. He usual supply from the hydrants, may | that no injunction was applied for or granted last year and he admits that the company has “continued te collect” rates from the consumers. He declines to admit that the com- pany has collected rates in excess of those fixed by the Supervisors in Feb- ruary last. And he states that if the matter becomes an issue tHe co ¥ Excessive Rate Is force and .effect, as applying to the|will contest the constitutionality of company's right to collect water rates | the State constitution on the sround Collected from consumers. This is Baggett's| that “property canmot be taken without opinfon. He also holds that the ordi- |due process of law.” nance, being in force and unrestrained by any Federal injunction, the collec- tion of rates other than those fixed by the board operates as an infraction of the law and carries the constitutional penalty of forfeiture. Attorney Kellogg, at the head of the Spring Valley’s legal department, says there is “no chance in the world of the company forfeiting .its property.” He Continued From Page 1, Column 5 fixed last February by the Board of Supervisors. The .penalty of forfeiture hinges upon the proof that the Spring Valley has made its customers pay more than the rate fixed by the Supervisors. It would apply in the same manner if the Spring Valley Company should charge expense of the necessary street. work damage The next move seems to be up to the city and the water rate payers. oo aBSea A ke 2 OPPOSE GRADE CHANGES—The City Bn- gineer flled with the Supervisors yesterday = report against the proposed changes of grade in Montgomery avemue from Pacife to Filbert streets first named thoroughfare because of the It nd the that would result to privat less than the rate so flxed. A United States Supreme Court opinion in the| g railroad .combination cases fixes this issue. The legal phase of the situation has a consecutive history. The constitu- tionality of the right of the Board of Supervisors to fix the water rate was contested by the water company, which | supported the old law of a rate com- mission, in which one member should ! be named by the company, one by the administration and a third by the others, the three to fix the rate. The Supreme Court upheld the constitution. Then the Spring Valley sued for an injunction in the Federal court, to pre- vent any person, including the Super- visors, from enforcing the fixed rate. - In 1908 the case hinged upon the com- pany’'s claim that the rate made in that | year was unfair. ‘Lhe city claimed the raduction was just and, was net more than $50,000 a year. The company contended that the loss was $250,000 as calculated op their: cost and profit ac count. It became & matter of testimon; The city’s records in the case, in- cluding many maps, were destroyed in the April fire. The Spring Valley saved its records, excepting certain maps, which had been borrowed from the city. These maps have been replaced and, after considerable work, the city ha: restored its records and filed them with Commissioner Heacock. \ The water company must do the same and then the commissioner will send the testi- mony and the records to the court for hearing the arguments. The Spring Valley must file the first brief and this the city will answer. ‘While this case was pending before the commissfoner the Spring Valley from year to year continued to apply to Judge Morrow for injunctions against the enforcement of the rates fixed in those vears by the Supervisors. An in- junction was granted in 1904, another = ¥ Dalntr little Tabouret in weathered oak and m: birch. Your choice of either wood for the above plctured ._Table Is ove of our library designs. in ; measures S @ one anfire floor of Car- pets, Rugs, Linoleum, Draperies. ete. Effective design in Weathered Dak Ta- bourer. Solid coustruction sad k- in 1905 and the water company contin- ued, under the injunctions, to collect the rates of 1902, for which it was con- tending in the case at issue. In 1906 the Supervisors fixed rates, as the law required, in February. The rates became effective in July. An learthquake and a fire had intervened. The water works was out of commis- period. In some <considerable its services were nil; in n Market Golug to Misston.