The San Francisco call. [volume], August 28, 1897, Page 7, Image 7

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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SATURDAY •. AUGUST ag. 1897
AMUSEMENTS.
Baldwin Theater— -The H. '.-art of viand. "
Columbia Theater- The Great Unknown."
Morocco's OriißA-HovsK- The Tr*iu \Vrt*cS>
era
Alcazar Thkatkii.- "Jane"
. Tivoli Opera House. - 11 Trovatore.
0 R Pit fvm — High-Class Vaudeville
' Qberon.'— Concert.
Mik*> BATHs.-Bathln; and rprformannt^.
The Chutes ami Chutes Free Theater.—
Great Vaudeville Company, every afternoon and
evening.
Mechanics* Pavilion— Mechanics' Fair now
oper.
State Fair— Sacramento, commencing Septem-
ber 6.
AUCTION SALES.
By G. 11. Umbskn A Co.— Thursday, September
'. . I eal Kstate. at 14 -Montgomery st.. at 12 o'clocii
CITY NEWS IN. BRIEF.
Judge Wallace has set the trial of the case of
Georce K. Pitch against the Supervisors for I
next Thursday.
Pierre J. Pechcu, a gardener who formerly I
worked for Mammy Pieasaut, fell dead yes- •
terday on California street.
Auditor Broderick sent a caustic letter to tho
Mayor yesterday on the subject of his action in
signing stationery and printing warrants.
Mrs. Ine Stewart of iracramento has asked
tne California Society for the Prevention of
Cruelty to Cnildrea to assist her in finding a
missing daughter.
Clinton Patrick's estate is in |course of set-' !
tlt'ment in Judge Coffey's court. During his
lifetime Mr. Patrick was known iv this com
munity as James S. Story.
Charles Kenny. who resided at the corner of
Folsom and Spear slieets, died in an ambu
lance yesterday while being taken to the City
and County Hospital. Ho had heart disease.
• "Wheat steadily declined vi. .1 advices from
Chicago showed strength on the curb, and
then there was a recovery of 2 cents, with a
strong touo at the close of the call-board ses
sion.
The Mission pupils who were overridden by
the Board of Education in tln-.ir plans lor the
laying of the Mission High School cornerstone
recently adopted resolutions vigorously ar
raigning the board.
" Rogers' fantasie, "The Battle ol Gettys
burg," took so well at the Fair last night that
It will be repeated next week. This will be
baby day, and prizes are offered for all speci- ;
mens of the rising generation.
• Arguments on tbe admission of testimony as |
to Huffman's family relations took up the en
tire session i f the Flgci case yesterday. Judge j
* Campbell ruled to admit the evidence and !
afterward reversed his decision.
Twelve Deputy Sheriffs undertook to evict |
the landlord oi the Pacific Coast House, 301 |
Montgomery avenue, ye*>teiday afternoon, j
The landlord beat th.-m by borrowing the rent |
from ah his friends in the neighborhood.
Judge Hebbard has declined to dismiss the
cuse of C. W. Bennett against the Board ot
Education to prevent the discarding of
Prang's system of drawing i.i the public
schools. The trial will be heard on October -4.
An interesting feature of last night's meet- I
ing of the San Francisco Labor Council was I
the encouraging reports of the representatives \
of the various unions. In almost every branch '
of trade prosperity's wave has maae itselt ap- j
parent
The dead body of a male child about 15 days
o'.d was found yesterday In a vacant lot on the '
corner of Twenty-sixth and Army streets, j
Mrs. Moore of 3317 Twenty-sixth street made j
the discovery. 'ihe body was taken in charge
by the Coroner.
The Coroner's jury in the case of the death
ot Mrs. Helene bchrnder, who wad run over by j
a train from San jose, returned a verdict of :
accidental deatn. and advised the company to !
tnke precautions t<> keep people from attempt- ;
ing to cross the bridge.
', if. Zicovich, whc?e distillery at Santa Clara j
was recently seized by the Government, has
compromised the matter by paying a light
line-, lit* having established the fact that the j
. removal of some brandy irom the winery to j
his residence was the result of the mistake of !
an employe.
The jury in the ca«e of the Overweight j
.Counterbalance Elevator Company vs. Mark I
Sheldon rendered a verdict yesterday In the '
United States Circuit Court in favor of the \
llaintiff and assessed the damages atsl. The •
suit was lor damages for an al.eged infringe
ment of the patent.
United Stales Circuit Judge Morrow issued j
an order yesterday giving permission to Al- !
phonzo B. Bowers to examine his former at- j
' torney, John 1.. B.ione, as to the charges made '
ty Boone against Bowers, the testimony to be j
Used in .the case of Bowers against the Sau
'. ''Francisco Bridge Company.
•'-The Merchants' Association at a meeting ;
yesterday took decided steps to have at least j
: ' & portion of the sidewalks in front of where \
' i»e\v buildings are being erected kept in such I
condition mat pedestrians may have at j
'least one-half of the walk to pass over while i
the dings are being put up.
Greatly to the chagrin of the California let- I
ter-carriers it has been decided that the Na
tional Association, which was to have met j
here September 0, will convene in Chicago, j
■° This is owing to high rates west of Missouri
River points, or at least that is the excuse ;
given* by the National committee.
The Precita Valley Improvement Club of I
• that district is determined in so far as it can j
-.'•to obtain what it considers the necessary bet- j
.ferment of the section within its boundary by (
. ■..* steady 'application to the Supervisors for a j
snare of the public funds at their disposal for i
••..jm proving the outside sections of tne City.
. " .The Marechal Niel Hotel has been visited by !
room-prowlers during the past few months, !
-••much .to the annoyance of the proprietor and j
'." his lgu'ests, as in evety instance tne thieves got i
„ away with some articles ot value. Jewciry i
•;-'and'' clothing were the principal things that
■d;i.*-appeared. The police are on the lookout
'.. foe the visitors.
*.'• -G. '.H: B'art'letr, one of the witnesses for the I
". .-defense ill the Fair trial, was ordered Into
-.••custody by Judge Slack yesterday, and will be '■
'•cnarged- with perjury. While on the stand
several days ago he testified that he saw Sens
."•tor Fair in Notary Cooney's office on the 27th
oi September, 1894, but yesterday he confessed j
; ji'e had not told the truth.
• Argument in the case of the Perm Mv- j
.' tual Life Insurance Company against the '
.' Union Trust Company was begun before j
"United Slates Circuit Judge Morrow yesterday '
afternoon. Lawyer Cannon, on behalf of Mrs. :
Theresa Abell, argued that the mind of the i
•late General Dimond was unduly ii.fluenced
by Dr. Rosenthal against Mrs. Abell.
'. ' • — ♦ ■»
PELL DEAD.
'Gardener Pierre J. Pecheu, "Who
Worked for Mammy Plaisance.
" Pierre J. Pecheu, an elderly Frenchman
■who used to oversee a ranch for Mammy
: Plaisance, fellacad of heart disease yester
day afternoon, in front of a French res
taurant at 619 California street. He had
"eaten dinner there and complained that
his heart pained him. He walked to the
sidewalk and iell to the ground a corpse.
. On the body was found a letter from
'Mammy Plaisance, 1601 Octavia street,
addressed to him at Beltane ranch, So
noma County, in which letter "Mammy"
rakes him over the coals because the men
; were "soldiering." She says that some
one named Albert told her that the men
look three days to do one day's plowing;
that they didn't get up until 8 o'clock in
tne morning, and that a large number of
'men had applied to her in Kan Francisco
to go to wor* on the ranch at $20 per
month. She orders Pecheu to have tha
men rise at 6 and go to work on schedule
time, or discharge them and send them to
her for their pay.
An inquest will be hold by the Coroner.
kew to-day:
tor one reason
'. the ncivous system _- j
of women becomes Qf dnOinOf
Impaired, and on
account of what is termed "female com-
plaints," life becomes a burden. Many think
•tnat these pains and aches that wear women's
■life down with nervousness and so rapidly
age them must be endured. But this is
not true. Headaches, sleeplessness, lack
of energy, nervous prostration, despond-
ency, weariness, neuralgia, are all dla-
_ pelled, and nervous,
- fig** Ml lOC ailing women ere re-
Lf I • ITIII-C/-3 stored to health by
{£? Restorative Nervine
(address, - j ' .'■
' JW*. MJUE3 UEpjgAf, CO.. fclfekaikJUii. j
1
CITY DADS
HAD VERY
HARD LUCK
They Lost Their Third Point
in the Suit to Oust
Them.
THE LAW SEEMS TO BE ADVERSE
Judge Wallace Orders Them to
Go to Trial Next
Thursday.
CUSS THIS ISA SUMMARY ACTIOS
Attorney McEnerney Discusses the
Plan of Campaign on Behalf of •
the Defendants.
The Board of Supervisors have met their
third defeat in the litigation instituted by i
George K. Fitch to oust them from office |
for al eged malfeasance.
The first victory for Mr. Fitch was in i
the order male by Judge Wallace over- j
ruling their demurrer to the complaint ; i
the second was recorded in the Supreme
Court proceedings, whereby it was held
that the Superior Court has jurisdiction
of the case, and the third setback came
yesterday, when Judge Wallace ruled that
the defendants were not entitled to delay
beyond a few days to prepare for trial, and
set the matter for hearing on Thursday,
the second ot next month.
When the case was called on Judge
"Wallace's calendar yesterday Attorney
Garret McEnerney filed the answer of the
defendants, as was required by the Su
preme Court decision. He then requested
that the matter be continued for several
weeks in order that the accused men
might have an opportunity to prepare lor
trial.
The court denied this motion, remark
ing that this is a summary proceeding and
ought to be disposed of at once. He
therefore set the trial down for the first
day available on the calendar.'
Mr. McEnerney disclosed the method of
his defense in the formal answer that he |
filed in open court. The answer alleges j
that tho Supervisors were not guilty of j
i malfeasance in offic?, though they failed I
to fix in February the water rates to be *
charged by the Spring Valley Water Com
| pany. It is further set up that the statute |
does not require a specific compliance with j
the direction to fix the rates in February, j
but that it is intended to control tho Su
pervisors in the discharge of their duty in
such manuar that they may best serve
ihe interest of the community; that If I
the rates were not fixed in February it was j
because the Supervisors were making
proper and necessary inquiries in regard to
the business under consideration, and that j
in any event no one had been injured, I
since the rates have been fixed in a legal j
and legitimate manner, even though such j
action was not formally taken in the
month specified by the constitution and '
statute.
Attorneys Schell and Baggett, repre
senting Mr. Fitch, contend that the stat
ute must be construed to mean just what ;
it says, as it was enacted subsequent to 1
the adoption of the const! uition and in pur- '
i suance of provisions contained therein.
The trial next Thursday promises to i
| prove a well-fought battle on both sides, I
and already politicians and other citizens
'■ are asKing who will probably be appointed \
in place of the present board if it be de- j
cided that the Mayor has the power to i
name their successors, should they be
ousted.
There s?ems to be a general opinion that
the Supervisors have a hard fight on their j
hands and that the legal chances are
against them, the constitution and stat
ute being both adverse to their conten
tion.
There is a difference of opinion in regard
to the appointing power in case of a
vacancy ensuing. The majority of lawyers
appear to think that the Mayor will ap
point the new board if the present board
should be cast out, but there is a chance
that a special election would bo necessary
to fill the vacancy. The consolidation act
says the Mayor shall fill vacancies, subject
j to" confirmation by the remaining mem
bers of the Board of Supervisor-. If there
be no remaining members, of course there
could be no confirmation, and as they
could not legally act belore they were
I confirmed, the Mayor's power to appoint
i would seem to be a nullity. ■ A few hold
| that the Governor would be the potent
; factor in the naming of the new members,
j so taken altogether there is a delicious un
' certainty in the situation that is more in-
I teresting than pleading to the politicians.
HAS CHANGED HANDS.
Norman's Cafe to Be Known as tha Bald
win Grotto With W. Logan as
Proprietor.
The handsome Norman's Cafe, under the
Baldwin Hotel, has changed bands and
hereafter will be known as the Baldwin
Grotto, under the management of W.
Began.
The reputation of Mr. Bogan as a caterer
is too well and favorably known to require
commendation. For many years he was
the proprietor of the Odd Fellows Grotto
and for the past six years has been the
proprietor of the Lou vre, at the corner of
Powell and Eddy streets.
It is a pretty place, this Baldwin Grotto,
and something of a revelation in the con
venience of its appointments. There is a
sweeping double stairway of white marble
lead ng down from the corner of Market
and Powell streets to the main entrance,
which is flanked by the fresh dark green
of choice tropical foliage and small decor
tive palm?, boldly set off by the panels of
beautifully colored costly marble behind
them.
Then on Powell street, immediately op
posite the Columbia Theaier, there is a
smaller entrance for ladies, with a screened
interior passage-way leading to the din
ing-room.
Mr. Bogan proposes to make the cuisine
and --ervice of the new grotto the finest in
the City. *
W. E. Wicker Dead.
W. E. Wicker, contracting agent for the Chi
cago, Milwaukee and St. Paul Railway and
one of the most popular railroad men in this
City, died yesterday very suddenly at Reno,
Nev., of apoplexy. The funeral will take place
in this City probably Sunday at 2 P. K. and
will be in charge oi the National Union, of
« hi' deceased was a member. He was in the
employ of tho railroad company for nine
years and previous to that worked for a time
for the Southern Pacific. He leaves no imme
diate relatives. Mr. Wicker was 44 years of
age and born in Vermont.
-♦ — — •
THE CRYSTAL SWIMMING BATHS.
I'nysicisns recommenu mo crystal warm sea
water tub and swimming baths, North Beach.*
THE SAN FRANCISCO CALL, SATURDAY, AUGUST 28,: 3897.
THE PROSECUTION
WINS A POINT
Hoffman's Family Troubles
Will Not Be Aired •
in Court.
Judge Campbell Eeversed His
Decision in the Matter
Twice.
'
Arguments on ' the Admission of
Lewek's Testimony Take Up
the Day's Session.
: In the preliminary examination ofFigel
yesterday the entire session of the court
was taken up in argument as to whether
the testimony of Solomon Lewek, in re
gard to the letter Hoffman had shown
him. and the conversation Lewek had
with the deceased at that time, should be
admitted as evidence.
Wednesday Judge Campbell sustained
the objection of the prosecution to this
testimony, but General Barnes renewed
the argument on the subject yesterday
morning and a heated discussion of the
point of law resulted.
General Barnes and Judge Louderback
| contended that the testimony was com
! petent, as showing that there was a skele
ton in Hoffman's family over which he
was constantly brooding, and that this
would show that he had a motive for
suicide.
For the prosecution Judge Murphy and
Mr. Ach argued that this evidence would
be hearsay and that Mr. Lewek's conver
sation with Hoffman did not take place
near enough to the death of the latter to
be of any use in showing his state of mind
on the day of his death.
At the conclusion of the morning ses
sion Judge Campbell ruled that the de
fense should be allowed to introduce the
testimony to rebut that of the prosecution
which showed that Hoffman's lamily rela
tions were happy.
The discussion was resumed by Judge
Murphy at the afternoon session and con
tinued the remainder of the day.
The prosecution cited a number of de
cisions to sustain their objection, and just
before the close of court JtuKe Campbell
reversed his decision given in the morn
ing and ruled that the testimony would
not be competent. He stated that he bad
been rather doubtful as to the law on the
point, but from the authorities and cases
quoted lie thought that evidence alo.ig
this line was incompetent, and that as he
had erred in his former decision, he had
no hesitation in reversing himself and
sustaining the objection of the defense.
MASTER OF TWO SHIPS.
Captain Fordyce Has the Honor of
Commanding Two British Vessels
fur the Present.
Captain Fordyce of tbe British ship
Falls of HalJadale is in a peculiar position.
The Falls of Dee arrived 'here from Hong
kong July 15 last. A cable from the own
ers awaited Captain Lock, informing him
that he was relieved of his command and
to turn the ship over to Captain Fordyce.
The latter is therefore master of two ves
sels and will remain as such until a new
captain for the Falls of Dee can be sent
out from London. It is not given to every
master to command two of the finest ships
in port at one and the same time.
Mrs. Eliza Thorold was licensed as a
pilot for the bay and tributaries of San
Francisco by the Inspectors of Hulls and
Boilers yesterday. She will now late
command of her own tug, the Ethel and
Marion. Mrs. Thorold's picture and that
of the tug appeared in The Call at the
time she announced her intention of ap
plying for a license.
Captain Frank Murphy of the pilot-boat
America came in Irom the outside station
yesterday and says mat there are shoals
of salmon off Bolinas Bay. Fishermen
were trolling for them and making big
catches. Captain Murphy was high hook
with a forty-pounder that kept the crew
supplied with fish for two days. Besides
the salmon there were big shoals of barra
couia, so there should be lots of sport in
Bolinas Bay just now.
FRITZ SCHEEL, Who Expects to Return Here on September 7.
Fritz Scneel, the well-known conductor, telegraphed yesterday to his mana
ger, Al Marks, that he would be in this City on September 7. His object in coming
is to give symphony concerts, and the field will be pretty well his own, as Gustav
Jlinrichs, who conducted the symphony concerts last winter, will leave for tbe
East at the conclusion of the Tivoii grand opera, season to take charge of the
orchestra class at the National Conservatory. Fritz Scheel became very popular
during the Midwinter Fair, where he conducted the Vienna Prater orchestra and
gave several concerts in conjunction with Sousa's band. .He afterward gave a
splendid series of symphony concerts at Metropolitan Temple, where the whole
of Beethoven's nino symphonies were performed. ; Later, on the Auditorium on
Eddy street was fitted up especially for Scheel's orchestra, and the conductor gave
a number of important works their first San Francisco performance there. ' His
coming visit will no doubt arouse considerable interest in musical circles here. It
is expected that he will bring several soloists. :
WILL WORSHIP
IN SWEDISH
Scandinavian , Baptists Are
Building a Pretty
Church.
Will Probably Be Eeady for
Dedication About
Christmas.
First Church of Its Kind in the
City— A Central Loca
tion.
The Swedish Baptists of this City are
I building themselves a pretty church on
Tenth street, near Folsom, and it is ex
pected that by September 7 the basement
will be ready to hold service in. The dedi
cation of the entire church will not take
j place until Christmas.
There is only this one congregation of
j Swedish Baptists in this City, and hitherto
I the services have taken place in a hall on
Tenth street, between Mission and Mar
ket. The flock has grown considerably
during the last two years, and about a
year ago it was decided that the congrega
j tion was of sufficient size to warrant the
| purchase of a lot, with a view to building.
! Early in the present year the site of the
i church that is now in the course of erec
j tion was purchased, and in June the
I building was commenced.
The new church is to be of wood, with
! a concrete foundation, and it will cover
I an area of forty-four feet by seventy feet.
| The basement will contain one large room
{ suitable for Sunday-school or soc al pur
; * poses, as well as several small rooms,
i kitchens and a janitor's room.
The church prorer will have a seating
! capacity of 450. There will be a gallery
I over the main entrance, as well as a small
gallery behind the preacher's platform for
the choir. It is not yet quite decided
whether the building will be fitted upwlth
pews or with opera-chairs. The interior
will be finished off with natural redwood,
and although plain it is expected that »h<»
general appearance will be very neat and
pretty, Electrc lighting will 'be placed
throughout the building. The exterior
will be principally of wood, painted, but
across the front will be a wide paneling of
terra cotta in raised relief. The architect
is W. 0. Peterson, one of the active church
members.
The average attendance at the Swedish
Baptist Church in its present quarters is
abont 100, but although not large the con
gregation is zealous, as the fact of its sub
scriptions testifies. The lot is entirely
paid for, and the greater part of the
money for the building is already sub
scribed. The cost of the church has not
yet been exactly estimated, for some
modifications and improvements will
probably be made in carrying out tbe de
tails.
The congregation has been in existence
about eight years. Rev. Charles Palm,
the present pastor, came here early in
January from Evanston, 111., where he
had ministered to a Swedish Baptist flock
for over seven years, and where he had
been instrumental in building a church.
He is a graduate of Morgan Park Sem
inary, Illinois. v i?" r ii
So special services will take place when
the congregation adjourns its services to
the basement, early next month, but
elaborate arrangements are already being ,
planned for the dedication ceremonies at ■
Christmas.
Still Popular.
The fog and cold weather are left en
tirely behind when one reaches the
grounds at El Campo. The freedom from
winds and fog has been a leading factor in
establishing the popularity of the place,
and the man attractions for the diversion
and amusement of guests always insure
a large gathering. To-morrow the usual
trips will be made from the Tiburon ferry.
As the season draws toward its close the
patronage appears to to on the increase.
Wilson Acquitted.
John Wilson, charged with assault with a
deadly weapon on Oscar Meld rum, was yester
day acquitted of the charge iv Judge Dunne's
court.
HILL SAVED
FOR A TIME
* - ■ . ■ * -*r -,
■An- Appeal Perfected to the
United States Supreme
Court.
Judge De Haven Denied the Ap
plication for Habeas
Corpus,
Opinion of the Attorney-General as
to the Legal Procedure
Adopted.
Ben Hill, who shot his wife to death 'in
Oakland, because she had taunted him
with her own shame and perfidy, was not
hanged yesterday although the gallows
and all its ghastly paraphernalia were
ready.
His lawyers, by adopting the procedure
followed in the Durrant case, have been
able to stay the execution for some months
at least by perfecting an appeal to the
Supreme Court of the United States. On
Thursday afternoon Eugene Deuprey, W.
W. Foote and M. C. Chapman called upon
United States Circuit Judge Morrow in his
chambers after the adjournment of court
and applied for a writ of habeas corpus.
Judge Morrow replied that he would not
grant the writ because the facts stated in
the petition were not sufficient. Then the
attorneys asked him to grant them an ap
peal to the Supreme Court of the United
States.
Judge Morrow informed the lawyers
that an order of a Judge sitting in cham
bers could not be appealed from; that
the order to be appealable must be made
in open court. The attorneys asked that
he open his court for the purpose of deny
ing the application for the writ. The
Judge refused, because he had already ad
journed bis court for the day and he
could not legally reopen it.
Then the attorneys went to Judge de
Haven and he denied the application for
the writ, and in order to stay the execu
tion or Hill until the necessary papers
could be prepared he signed the necessary
papers for that purpose. These were
served upon Warden Hale before mid
night.
Yesterday morning Warden Hale came
over to this City and called upon Attorney-
General Fitzgerald. In the meantime,
certain telegrams had passed.
The following are copies of telegrams
which passed between the persons named
therein in reference to the matter:
Santa Cruz, Cal.. Aug. 26.
To Hon. W. F. Fitzgerald, Attorney-Geneial,
!!!6 California Sired, San Francisco': Denied
application to commute Hill. Should new
tacts be submitted to justify further hearing,
would legal complications result from re- (
prieve? Answer. William T. Jeter.
San Francisco, Aug. 26.
To Hon. W. T. Jeter, Lieutenant and Acting
Go.iernor of the State of California, S:ntaCruz,
Cal.: 1 know of no legal complications that
could arise from the reprieve ot Hill unless It
be the opportunity which such action would
lurnish to further delay the execution of his
sentence beyond the day to which lie should be
reprieved by resort to tne Federal courts. As
these courts in San Francisco will not con
vene again until to-morrow at 11 o'clock his
execution can only be stayed by your action.
W. W. Fitzgerald. Attorney-General.
San Francisco. Aug. 27, 1897.
To TV. E. Hale, Warden San Quentin Prison,
Sun Quentin, CaL : I am of the opinion that the
appeal from the order of the United States
District Judge made in chamber denying the
application of Benjamin Hill for writ of
habeas corpus does not stay the execution of <
the sentence of said Hill. I have mailed to'
you written opinions giving my recsons.
The following is the opinion of the
Attorney-General to Warden Hale:
Hon. TV E. Hale, Warden of San Quentin
Prison, San Quentin, Cal.— Dear Sir: 1 am in
receipt of your request for an opinion as to
whether or not the appeal in tne matter of the
application of Benjamin Hill lor a writ of
habeas corpus made to the Honorable J. J.
de Haven, United States District Judge, at his
chambers, which application was by him
denied, and from the denial of which the
attempted appeal In question is taken, oper
ates as a stay of execution ot the sentence of
said Hill.
I am of the opinion that the appeal from
the order in question does not operate as a
stay of execution. The appeal purports to be
taken direct to the Supreme Court of the
United States. All appeals to that court from
the inferior Federal tribunals are legulated
solely by section 5 of the act of Congress ol
March 3, 1891, establishing the United States
Circuit Court of Appeals (supplement to the
Revised Statutes ot ihe United Stales, Vol. 1,
Second Edition. p»g» 903), which section pro
vides, among other things, "That appeals or
writs of error may be taken from the District
Courts, or from existing Circuit Courts, direct
to the Supreme Court in the following cases."
Among those enumerated, the ones that are or
may be applicable to this case are as follows:
"in the cases of conviction of a capital
crime." •: .r 4 */ .'...-.: .'■
"in any case that involves the construction
or -'cation of the constitution of the
United States."
"In any case in which the constitution or
lew of a State is claimel to be in contraven
tion of the constitution of the United States."
It will thus bo seen that no appellate juris
diction whatever is conferred upon the Su
preme Court of the United States from an or
der made by a Juage of the United States Dis
trict Court in chambers. The appeal lies only
from an order of the court itself, and not
from an order of the Judge.
Had an order denying the application been
made by either the United States District or
Crcuit Courts, as was done in the Durrant
and Worden cases, and not by the District
Judge in his chambers, as was done in this
case, then an appeal from such order would
have operated as a stay of execution under
the provisions of section 706 of tne Revised
Statutes of the United States. Respectfully, '
W. F. Fitzgerald, Attorney-General.
Yesterday morning Attorneys Chapman
and Deuprey appeared in Judge de
Haven's court and made the application
all over again in open court, in order to
avoid any question as to the legality of
the proceeding. The application was
denied, leave to appeal was granted and
Warden Hale was at once served with the
necessary papers staying the execution.
;
WANT • OPEN STREETS.
Frecita Valley S:lll In Search of a Gen
- v eral Lino of Improvements.
The improvement club which looks
after the interests of the Precita Valley
District is dete-mined to have that por
tion of the City improved if it cm. This
club has petitioned the Supervisors for a
sidewalk on the east side .of Precita
avenue, from Alabama to Folsom street.
It also requests the Street Superintendent
to force the grading on Harrison street,
between Twenty-sixth and Frecita avenue,
which has been let to Buckman Bros, for
some time, but which has not been ad
vanced as it should to meet the wishes of
the property-owners.
Another demand is baing made for the
opening of Franconia (formerly Figaro)
street. This would be a continuation of
Bryant street if opened, and would give
to the people on the eastern side of the
hill an outlet to the main thoroughfare
leading into the business portion of the
City.
A petition strongly worded has been for
warded to the Supervisors requesiine that
bodvto either till in Bemal Park or turn
it over to the Fish Commissioners before
the winter rains set in, as it will then be
in fine, condition to be ; used as a fish
hatchery. : '.-':.': r
• — * — •
Eject the "Solid Eicht." Read to-day's Star,
which will tell you all you ought to kuow.' *
1 .'
BRODERICK IS
VERY CAUSTIC
Mayor Phelan Pointedly In
vited to Mind His Own
Business. ..
The Controversy Over the-Sign
• ing of Stationery Warrants
Grows Warmer,
The Chief Executive Accused of Im
• pugning the Motives of Another
Officer of the City.
The controversy between Auditor Brod
erick and Mayor Pbelan over the payment
of the bills for City printing grows warmer
day by day, and the chances are that the
matter will be settled by tin courts before
either is satisfied.
Mayor Phelan's criticism on the Audi
tor's action in signing a batch of bills has
aroused Mr. Broderick to defend his posi
tion and to tell the chief executive of the
City, almost in so many words, to stay
within the confines of his own duty and
not interfere where his official power gives
him no right. He addressed the following
letter to the Mayor yesterJay:
i ■ Auditor's Office, City Hall.
Hon. James J). Phelan, Mayor of San
Franci'co—Dr.A'R Sir: 1 inclose you a clip
ping irom a morning paper, which seems,
from the quotation marks, to be printed from
statements made by you deliberately, and
therefore such as you are ready to assume the
responsibility of. la regard to the same I beg
leave to say:
In your general argument as to what is con
templated by law In the matter ot printing
and stationery and bow the same should be
contracted for, I have no disposition to pre
vent you rom publishing your views, if you
find any pleasure tnerot'rom.
For your published views and Intentions you
will be responsiole to the public. If your
views are erroneous and you fail to keep your
promises, no doubt you will be able to give the
public your reasons for both.
To my mind your argument and reasons
given for your views on warrants that i have
audited, and which you refer to In your letter
to the Treasurer, smscks of a determination to
have your own way, right or wrong. The ar
eument may be good enough if you refuse to
favor something that might be, but of no value
as to the meaning of the law as it is. In the
letter written by your clerk, Mr. Sullivan, you
are credited with saying certain things which
in effect imply that the Auditor of San Fran
cisco (an office that I have the honor to hold
by the grace of the people) is engaged In issu
ing illegal and invalid warrants upon the
treasury, and that you wish tne treasury pro
tected against such irregularities.
It will not do for you to say, as you are cred
ited under quotation marks, "Of course this
Is only the Auditor's Interpretation." It you
will give some attention to the consolidation
act you will find that the Auditor's opinion as
to the legality or validity cf a claim against
the treasury is paramount.
It is his sworn duty to determine the matter
and your conduct is indicative of a desire to
attack my integrity as an officer. You have
heretofore, indirectly and without just reason,
done the same thing, but not quite so fla
grantly. 1 feel it my duty to inform you in
this case that you have no license to assume
the functions of an cilice to which you were
hot elected and to presume to publish such
matter as is contained in the papers this
morning.
To hold back demands and refuse to issue
Warrants upon lh-3 treasury in favor of sta
tioners and others furnishing supplies to San
Francisco, which in my judgment as Auditor
of San Francisco are strictly legal and valid,
because, forsootn, the Mayor may have a con
trary opinion, without any of the obligations
and responsibilities that attach to the office of
Auditor, 1 respectfully suggest would cail for
a change of my nature and practices. It I es
teem a demand legal and vaiid I will issue a
warrant on the treasury. If I esteem it other
wise I will refuse, and no influence outside the
properly authorized ones or the proof of my
error will change that decision.
The oath of office of Auditor and the bonds
for faithful performance of duty are mine, not
yours. William Broderick, Auditor.
Sanborn, Vail & Co have a complete de
partment for the sale of fine perfumery,
combs, brushes, manicure sets, mirrors, soap,
sponges, knives, scissors, etc. The best goods
at popular prices. ! *
. ♦ — •
The regulation step of the British army
is 120 to the minute.
NEW TO-DAT.
I CURE FITS
When I say I cure I do not mean merely to
stop them for a time and then have them re-
turn again. I mean a radical cure. I have made
the disease of FITS, EPILEPSY or FALLING
SICKNESS a life-long study. I warrant my
remedy to cure the worst cases. Because
others have failed is no reason for not now
receiving a cure. Send at once for a treatise
and a Free Bottle of my infallible remedy.
Give Express and Post Office address.
Prof. W. H. PEEKE, F.D.,
4 Cedar St., New York.
HEALTH,
STRENGTH
GOOD CHEER
Enterprise
Beer.
IN QUALITY
IT LEADS
THE MARKET
RUPTURE
POSITIVELY CURED.
A scientific treatment lor all fo.rras of Rupture.
No knife, no danger. no Interference with busi- |
ness. Cures effected speedily
Terms reasonable and within the reach of any
sufferer. Hundreds <f patients cured. Names
given you on application.
CONSULTATION FREE.
MARION RUPTURE CURE GO.
Rooms 37 and .'IS Columbian Bldg., 'i* 1 ;
8 18 L^AK/KET STREET.
Correspondent sol cited. Hoars 111 a. M. to 3
p m. Sundays 10 to 12.
; : ; — — -— :
COFFEE TO LARGE CONSUMERS
At Wholesale Rat9S.
ALPINE ROAST... ......:15c per lb.
HOTht XX ROUND 2 c per lb.
EUItiKA COFFEE AID SPICE MILLS,
Ills Commercial Street, bet. Davis and lirumm.
Tnyman"
WHO SUFFERS OR JUST BEGINS TO SUF-
"I for fiom lost ■ vlcor. nerve-wane, weak back
, or any other weakness due to youthful errors etc.
j can be entirely cur d by DR. COOK'S Restorative.
I Call or write for FREE trial bottle. Address
DR. H. COOK. Specialist for Men.
[ 865 Market Street. 'San Francisco.
KEW TO-DAY-AMUSEMENTS.
TiIOL^r^COTTIOD^ GP-.oirjAr.snAnAOKi—
THIS AFTEKNOON AT 2!
. TO-NIGHT AM) . SUNDAY NIGHT '
Will te Your Las: Opportunities to See the Fun- '
niest P;a\- ot the Season,
the mat mum
-NEXT HONDA'S
The Frawley Company
In the Great Military Flay,
"HELD BY THE ENEMY."
flfS* S at.s Sow on Sale.
BALDWIN THEATER.
AlllAVHiXi Co. (Incorporated) Propria.*). - !
MATINEE to-day:
Extra Matinee Next Wednesday.
TO-NIGHT AND ALL NEXT WEEK
DAVID BEIiASOOS
. Great success,
THE HEART
OF MARYLAND.
Presented by
MR?. LESLIE CARTER and a Superb Company
Seats for Next Week Now Selling*-.
TIVOLI OPERA-HOUSE
Mrs. Ernest-ink Proprietor* Manager
THE GRAND OPERA SEASON
Under the direction of Mr. Gustav Hinnchs.
TO-NIGHT AT M-I.AST TIME
Bizet's Romantic Grand Opera,
TO-MOItIIOW EVENING, EAST TIME.
"IL TROVATORE!"
!_■,*;=- V-v" Verdi's Favorite WorK,
NEXT "WEEK— Monday. Tuesday, Friday,
Saturday— "LA GIOt'O.NDA" fthsl time
here). Wednesday, I hur.<iday,Sun Iny, ''AIDA"
(by Special heftiest).
HEATS NOW ON SALE.-
Popular Prices 25c and 50c.
MOROSCO'S
GRAND OPERA-HOUSE.
WALTER MOROCCO... SoIe Lessee and Manager
A REALISTIC COMEDY-DRAMA OF
THE DAY!
Elaborate Production of J. A. l-raserJr.'s Success,
"THE TRAM-WRECKERS!"
Startling Situati* n3 nnd KiTucts! Comedy aid
Pathos! Songs! Lances! •"■'« '.•>-,
Great Railroad Strike! ;: vW/i:,"^*'
Jail Break ! Explosion of Bridge!
Evenlntr Prices— 25c and 503.
tfMmttntttm *.ariir<t.^v mv/ti similar.
MATINEE TO-DAY (SATURDAY)
Parquet, any seat. J sc: rialcony, any msest, .t~
Children, lite, any par: of the house.
KNABEX-KAPELLE!
40— NATUKAL-BOUN MUSICIANS— to
SMITH & CAMPBELL, Talking Oomedinn-***;
FOX & ALLRX In "The Flat Next Door": MA-
ZUS & MAZETT. '•Tlie Tramp and the Brake-
inan"; PROF. 1.1- OS IV \» and His Cat* and nogs.
Concerts Dy the Venetian Ladles' orchestra
every evening in the Orpheum annex. .
A I (O A "7 A D Frkd Bklarco. ..Manager
ftLLH^n 'Phono Blade, 1106.
MATINEE TO-DAY AT 2:15.
Then To- Might an J To-Mor.o**v (Sun lay) Nluhts,
lositively Your Last Opportuni. les in ."ee
That Sparkling, Mirth-Provoking Faice,
—j-anje:
. ,The laughter it excites is wholesome.
No advance In prices— Bos, 35c, 25c or 15c, and
for the Matinee 35*", a or lfcc, always lnc uding
a Reserved Seat. *■■;«■, ; -
Next week "The Sportsman." by the same author
MECHANICS' FAIR.
ROGERS AND HIS 6RAND BAND!
MAGMFMTATTRACIMS!
H.TOOME EXHIBITS!
Saturday Afternoon— BAßY DAY!"
Monday Evening M. C, L Sight.
INGLESIDE COURSING PARK
—PUPPIES SAPLING—
TO-MORROW .... SUSDAY
SUTRO BATHS.
OPEN NIG-HTS.
Open I ally from 7 a. it. until 11 r. it.
ADMISSION: lOc. - - . Children, sc.
Bathing, with admission, 25c: children, -Ma.
THE CHUTES ft&ST
Every Afternoon and Evenln-y. — —
SCENES ON THE KLONDIKE!
AND A GREAT VAUDEVILLE 111.1 ..
lOC Including Performance. Children So
OBERON.
GRAND CONCERT EVERY EVENING by THE
H'TEMATIOni LADIES' OECHE<TOi
Of AgricultviraJ.,
75ecK30\ic3vl &i\a
Itydustribl ducts
Grand Musical
S CONCEIiTS
EXCVRS 1 ON RATES
ON -ALL RAIL ROADS.
o<H><H>o<><>CK>o-6o
AN EXCELLENT
W T!7 AT Properly prepared and
11/ 1 M *'A\'l promptly serred, can
IVJLLiiIL/ always bo obtained in
THE GRILL ROOM OF THH
PALACE
Bent in town. amßSu^Bmmmßßmiaaam^
0000000000000
NOTARY PUBLIC.
A. J. HENRY, NOTARY PUBLIC,
CQQ MAKKK'I' '■r.'T.,: UPP. PALACIi IIOrKU
DOO Telephone 670. P.estdenoe V\J9 VaieaoU
itrtek itlepfaoae '<;tiurct>" 16.
7