The San Francisco call. [volume], December 04, 1897, Page 2, Image 2

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

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2
prenie Court, a se'f-seekitiu' and dema
gogic -politician, equally objectionab c,
suddenly loomed into prominence. ". ;"
Dunbar is of such material, so bound
lessly ambitious thai those who held the
balance of power in the elective majority
despaired of securing concert of action
with him on any given proposition. In
this crisis, Wilson, though the out-and
out candidate of the Northern Pacific
Railroad, was taken up at short notice
and given the caucus nomination on one
condition. This was the signing of a
carefully prepared contract, which bound
himto carry out ihe one ambition of the
King County managers, namely, the pro
morion •>: Judge inlord to tne position
from which Justice Field was expected to
retire in the event that a Republican ad
ministration succeeded that of Cleveland.
It was surmised, witn reason, that fol
lowing Harrison's appointment of Jack
son (D.) from Tennessee Justice Field
would make way for the appointment of a
Pacific Coast Republican in the spirit of
his own magnanimous appointment by
Lincoln.
Now it is said that Wilson, though he
iias considerable personal influence with
President McKinley and paiticularly with
Senator Ha tin a, found himself powerless
in the pressure « f the argument that
Wa-hington politically could not sustain
Jin ird's candidacy. While it is impos
sible to get a direct admission here bear
in-" on the point it is plainly intimated
that the light in Washington's interest
has been begun in Oregon, and that it will
be furthered by Senator Mcßride.
JUDGE ROSS
IN OPPOSITION.
He.Thinks Judge McKenna Will Be
Nsmed to Succeed Field,
Nevertheless.
LOS ANGELES, Dec. 3.— "Attorney-
General McKenna is not qualified, nor is
lie competent to fill' the j ost of Associate
..' Ju*tice of the Supreme Court of the United
States."
This i* the opinion by Erskine M. Ross,
Judge of the United States court for this
district. He was seen at his hotel this
even.ng by a Call representative and
without the slightest reluctance expressed
his opinion on the subject of Judge Mc-
Kenna's selection for the Supreme Bench.
"Have you signed a petition or ad
dressed a letter to the President request
in-" thai he do not.-name Judge McKenna
as the successor of Jud**e Field?" he was
asked.
"No, sir; I have not signed any such
pai>er. I have never been asked to do so.
I have arrived at the conclusion that
-i lent McKinley will appoint Judge
McKenna. 1 think he has fully deter
mined to do so. Any letters or communi
cations addre-sed to. him on the subject
would be of no avail."
"What do you think the bench and bar I
of the Pacific Coast will do with regard to
Judge McKenna's appointment ?"
"I do not know o any concerted action
to de eat his confirmation in the event he
is appointed. Hut attorneys generally
who i.re acquainted with Judge McKenna
as a rule do not think the appointment is
a wise one. He is not competent.
"I look upon the position of Associate
Justice of the Supreme Court of the
; Uniici States i as one requiring: the high
est order of ability and qualifications,
. -which Judie McKenna does not possess. '
I know; that the Judges of the United
States Circuit bench do not look upon his
..prospective -elevation with favor. I know
'.of but one who feels that the appointment
i- the proper one to make.
: .y "Before Jud.-e McKenna is confirmed I
"-think .full expression of op.nion wil
be obtained by the Judiciary Committee
; of the Senate, of which Senator Hoar of
Massachusetts is chairman. It i- I be
lieve, th)- custom for this committee to
secure opinions from various sources be
fore actum in. a matter of that import
ance.-. .•'■'■'■'
• --'Should mv opinion be called for I
shad certainly have no hesitancy in giv
ing it, and in detail.
•'Let- it be -understood that lam not
casting the slightest reflection upon the
honor/and Integrity .of Judge McKfnna
.when I- say. that I do not think that he is
competent, to sit. as an A&ociate Justice
of. .'.the.-. Supreme Court of th.* United
.'■ States." -':'■■ '': - ■'
-•-... — •
SAY r THE PROTEST |
;■;•:• ORIGINATED HERE. I
L'wy?r-s -at . Taccma Deny That
Hartford is -Behind the Move
.-..'•-.'. ment.
.;; ".TACOMA, Dec. 3.— The movement
which hVsreauited in sending to Wash
ington a protest from this State and Ore
gon' against- the. appointment of Judge
.McKenna. to the Supreme bench hud its
origin ;..in : San. Francisco. Lawyers here
who know what has been done are adverse
to discos. sin,g. the, subject or statin*- where
they stand on the proposition. Circum
stances seem to bear. out the statement
made to-n: by a prominent attorney to
: the ct that. the protest was first talked i
, oi here' very soon' after the return from
San Francisco, lour .\ceks ago, of Attor
ney Benjamin S. Grb*scup.
Mr. G.rosscnp is .* a brother of Judge
-..Grosscup -of Chicago and a member of the j
firm of, Crowley & ('ros-cnp, attorneys !
..for the Northern Pacific Railway tor West- !
crn Washington ami Oregon.
Judge Crowley said to-night that he did '
nor wish to . discuss the subject. Mr. \
Gros-cup said tie knew nothing about it.
Another attorney said that all he knew of
"• the matter came from Mr.: Grosscup, but !
' he would rot talk further, The Gross
cups knew President' McKinley heck in I
. Oho and Attorney Gros*-cup was a candi
date for ibe vacant Circuit; Court Juige
- snip when Judge McKenna was called to
.'Washington.: ■•
Judge James Wickersham, who should;
naturally be opposed to a proportion ad- i
vocated by the railways and their at
tor iej*3. declares that be heard nothing of !
the McKenna'protest until The Call cor
respondent asked him about it to-night.
General Jani"s M. A*hton, formerly
counsel for the Northern Pacific Railway,
said he had heard the protest talked 'of,
but had not signed it and would not. He
did not believe in forwarding such a pro
test in the interest of any Candida or for
any reason other. than supposed unfitness
of the candidate protested against.
Attorneys here are unanimously stating
that there, is no effort being made to push '
District Judge Hanford or any other man i
lor the. jud hi p. -They say the protest j
ro*ults from the opinion common to many
lawyers thai Judge McKenna is not a bit;
enough man to occupy a seat on the Su
• preme bench. ' Tip y pointout ilia; he did
not make a record of much consequence
as a member of the Conrt of Appeais for j
this district.
..' Attorney P..C. Sullivan, national com
mitteeman ior .Washington and Republi
- can candidate lor G over a year ago, -aid
.he had not signed the protest. He had
- heard it discussed, but did not. know who
was behind it. ; ': ■'■■■.' ..'. • |
Attorney L. C. Dennis said he was asked
to sign the protest: about a 'Week ago,
which he did,;- his •conviction ing that
Judge McKenna was a good deal of a
politician .and not a good enough lawyer
to succeed Field. >, •'■' _■ , ■ - , ,;.^r .'
Ex-Congressman Dooiittle was in Wash
ington City advocating his candidacy for
Commissioner of Patents .to succeed Ben
, Butterwonb. Judge Wiegersham, Gen
eral Asbton arid others s-y they do not
believe that there was nn understanding
that Senator Wilson was to get Judge
Field's place for Judge Hanford if Wil on
was elected Senator. It is the under
standing of some attorney* that the
movement against Judge McKenna is
general throughout this dl*> trie, and in
some other parts o' the country as well.
SEATTLE LAWYERS
STRONGLY OPPOSED
Mr. Wood of Portland Sayi Al the
Federal Judo-os Are Against
McKenna.
SEATTLE, D -a 3.— There is a general
murmur of dissatisfaction among the
members of the bar of King County over
the prospective nomination of Judge
Joseph McKenna to the Supreme bench.
Although the feeling is strone, there is a
di-inciination among the attorneys to ex
press their opinions through the public
press.
One ex- Judge, speaking to The Call
correspondent to-night, said: -'The con
sensus of opinion among the legal profes
sion in this city is decidedly adverse to
Judge MrK-nm. holding a higher place
than he now occupies. He has not the
natural gifts, the acquired learning or de
cision of character that qualities him for
any judicial place of importance, much
less for the highest place known to the
profession of law and to the system of
jurisprudence of this country."
It has not yet been positively decided
whether a formal protest will go out from
this city against the confirmation of
Judge McKenna. Many prominent at
torneys, who may later come under his
judicial notice, fear to incur his. displeas
ure. Several of the local attorneys have
within the past few day* received copies
of a typewritten letter from C. E. Wood
of Portland, addressed to Senator George
F. Hoar of Massachusetts.
Mr. Wood is a law partner of ex-Attor
ney-General Williams, and sets forth j
strong reasons why Judge McKenna j
should not be the successor of Justice
Fi Id. The letter recites the caieer of
Judge McKenna, who began his profes
sional career in the little country town of j
Suisun, Cal. It state*- that he was con
cerned in no important litigation; I
that early in his career he made
politics his profession rather than the
law; thai he served in Congress until a j
short time b**f hi-* elevation to the j
bench of trie Ninth Federal Circuit; that i
as a member of the bar he never had a !
case in any of the Federal courts and not j
more than one or two in the Supteme
Court of his Stat**.
Mr. Wood further recites the dilatory
methods practiced and comparatively lit
tle work done by Judge McKenna during
his incumbency on the Appellate and Cir
cuit bench.
His letter concludes as follows:
It seems to me, therefore, that President j
Harrison's experiment was not successful ,
and that we are justified by Judge McKenna's I
record on the bench in believing that his j
life training has not fitted nim to do judicial {
work accurately and rapidly, or that the
natural trend of his mind is not that way. A I
well-recognized means ot ganging a man's
fitness for a position is the estimate in which
he is held by bis associates.
Judge McKenna's former associates on the
bench consider it beneath the dignity of their
i (Bets and a breach ot judicial etiquette to vol
untarily intrude their opinions in this matter.
Feeling strongly and perhaps rabidly, as I do,
on tne question of public duty, 1 cannot acree
with them as to what is required of them in a
c ise like this.
Hut whether I am correct or not in this
view, I am entirely warranted, and Know
whereof I speak, when 1 -ay that not one of
his late associates, from Judge Hanford on |
Puget Sound southward to Judge Ross of Los j
Angeles believes him to be fit lor any judicial j
office, much lea* for a position on the supreme j
bench of the United States; and that if tha j
opinion of these gentlemen Is requested by |
one entitled to a reply, they will express this j
view, without prejudice to the pleasant per- i
sonal character of Judee McKenna, but hay- !
IOR regard solely to his judicial mind.
Ot the judges 1 mention, some are Demo- i
crats, ana not one of them has the slightest ;
expectation of appointment to the Supremo .
bench himself; and if any one oi mem did
have such expectation he would not be will- ■
i nig to openly express his opinion of Judge
McKenna as a rival' I have talked person
ally on this subject with Judge Hanford,
Judge Buliiuger, Jnage Gilbert, Judge Ross,
Judge Hawley and Judge Morrow, and I know
by nearsav, but irom good authority, the
views of Judge de Haven and Judge Beatty.
and it certainly seems worthy of considera
tion that, in spite of differences of character i
and politics among themselves, they are unan
imous upon this point.
There had been a hope expressed
amoi.g a few of the close personal
friends of United States District
Judge Hanford of this city that be
might succeed Justice Field, but if !
took no tangible form and be was not
at any time a candidate for the place.
In conversation this evening with ex-
United States Senator J. B. Allen,
who is connected with one of the
leading law firms of the State, be said be
understood that considerable dissati*
tion existed in view of preferment of
Judge McKenna, who in learning, intel
lectual ability and determined character
was not all that the highest tribunal in
the land demanded.
Mr. Alien do s not believe a formal pro
test against confirmation will go out from
the State. He furthermore knew of no
effort to secure the appointment for Judge
Hanford.
Another prominent attorney, Maurice
McMick.n, said to-day to 'Ihe Cvll cor
respondent that while it would be very
gratiying to the bar of the Stale if Judge j
Hanford were appointed to succeed Jus- j
tire Field, he knew of no effort having !
been made to that end. He did not be
lieve there would be any very pronounced i
opposition to Judge McKenna.
"He is my mend,"' said Congressman
James Hamilton L-*wis, in referring lo !
McKenna's probable appointment, "and !
as such 1 earnestly hope for his continua- i
lion. 'Always having been favored by j
h m I naturally would rejoice in his ele- |
vation without regard for his qualifica- j
tions for the higher office. Ti.ere are 1
other attorneys who severely criticise his
capabilities, but I am not on * of them."
R. li. Albertßon, who aspired to judicial j
honors in Kincs County last tall, ex- ,
pressed the opinion that ''Judge Mc- !
Kenna's elevation to the Supreme bench i
of the United States would certainly not I
bring to it the dignity and great ability
which this most important position de
mands."
Ex- Judge H. G. Struve says he favors
Judge McKenna's confirmation on per
sonal grounds. He thinks no protest will
go out from Seattle Judges and attorneys, j
neither tics he know of any effort to ele
vate Judge H;.nfori to Justice Field's
chair. ? <S-T'i
Ex-Judge Thomas Burk raid he felt a
reluctance about expressing an opinion on
the wisdom of" Judge McKenna's selec
tion. In view of the great responsibilities
of the office he believed it should be filled
by the highest ord rof legal ability. He |
had not heard that Judge Hanford ever
aspired to the place. •',
: One- of the brightest legal lights of
Eastern Washington is Fr ink Graves of
Spokane. He Was in the city' to-night,
and to The Call correspondent smiled
significantly as he uttered, with much de
liberation, these words: "Up to the time
I left Spokane — about a week ago — there
wns no formal protest against the nomi
nation or Confirmation of Judge McKenna
to the Supreme bench. Fur., er than this
I do not Bare to say."
==
Bought by the <■ rants.
A deed was filed with the Recorder yester
day by which George Whlttell and Anna L.
.Vhtttell transferred to James D. Grant and
Adam Grant the lot on the northwest corner
of hush and Sansome streets, 107 feet ti
inch's square, for the snm of $10.
. This, . .it, with improvements, was pur
chased by tne Whittells' some time ago lor
5480,000 at a referee*, sale. , ; • . „ ■
Kestitnrant Corporation.
The Ralston Restaurant Company, organized
for the purpose of conducting a restaurant or
re-taurants In this city, filed letters of Incor
poration yesterday. L. A. Einlay, M. & Eralay ,
A: H. Allen, W. E. Allen and A. A. Talt* are
named as tne directors of the incorporation. .
J i; V .Panels to I'hl.il on. ') ,;
, New panels tqpalut on in Persian green
and gold outsell all other* in artists' material
department of Sanborn, Vail A Co. *
THE SAX FRANCISCO CALL, SATURDAY, DECEMBER 4, 1897.
WOULD ROB
McKENNA OF
THE ERMINE
The Attorney-Generars Cali
fornia Friends Come to
His Defense*
His Opponents Will Ask the Bar to Oppose
Him, but Many Eminent Lawyers
Say He Is the Man for
the Place*
The startling news that some of the
I bench and bar of Oregon have taken a
i bold stand against the appointment of
i Judge McKsnna to the Supreme bench
j was the one theme of conversation in
' legal circles yesterday.
Wherever one went the subject was
i freely discussed. There" was a great deal
'of criticism directed to the Federal
Judges for going out of their way to inter
fere in the matter, but the antipathy of
Judge Gilbert proved no surprise to those
conversant with Federal, gossip in this
c.ty and elsewhere.
When the story of the protest became
known around the Federal building it
was asserted that Judge Gilbert was the
Drime mover in the whole affu r and his
animus was freely commented upon. It
was known that he and Judge McKenna
had ben at outs ever since the Sawyer
episode, and that the estrangement and
bitterness of feeling on the part of Judge
Gilbert had been intensified by his failure
to have S. C. Houghton appo nted Mas
ter in Chancery, the incumbent. Judge
Heacock, being the friend of Kenna.
It i 3 well known in Federal circles,
among the politic an* and cleik*, that the
first Dad feeling between Judge McKenna
and Judge Gilbert arose over the disposi
tion of the spoilt of office. The story one
most frequently hears about the eorrido
of the big red building is that Judge Gil
bert was a stanch friend of Clerk Sawyer,
while Judge McKenna w&s a* strongly In
favor of Colonel Costigan. Finally Jnd c
McKeina had a law passed — as a rider to
some appropriation bill, some say — I
whereby he was given power to dispose
of the clerkship here, and Judge Gilbeit
was civen the same power over the clerk
ship in his district. The office was -mall,
but the episode was pretext enough for a
pretty broad quarrel. In this connection
it is said mat Judge McKenna's commis
sion wa* a few days older than that of
i Judge Gilbert. This gave him some ad
i vantage of priority and caused a harsh
| feeling on the part of Judge Gilbert.
John T. Doyle'and William S. Chapman
are said to be the most active men in the
opposition here. Mr. Chapman says he
never saw Judge McKenna in his life; that
he is animated by purely patriotic
motives, because he does not beiieve the
man has the ability demanded by the
place.
It is rumored that a meeting; of the bar
wll! be called to take action on the matter
in this city at an early date. As lor cast
ing what that action will probably be the
following interviews shed some light,
though most of the lawyers seen declined
to be quoted relative to the appoint
ment:
United States Circuit Judge Morrow
said: "I did not sign a protest." lieyond
that he.declined to speak. He did not care
to say anything regarding the subj.ct
matter of the protest.
United States DUtrict Judge de Haven
said that he had not signed the proles:,
and did not think It would be proper
to say anything regarding the iubject at
issue.
United States Attorney Foote wns not.
at all timid about expressing his 01 inion.
He said: ' I have nut signed a protest
j and I would no* say a word against Judge
McKenna to save ray life, and I have no
reason to say anything against him. I
hare found him to be a gentleman and a
man of abiii y, ana I have always seen
him sustain himself properly. On the I
0 her hand it would be highly improper
for me to Interfere in the matter, even 11 I
1 felt that I had cause to do so. The ap
pointment is the business ol the Presi
dent and not mine, and it would be highly
disrespectful for me to interfere by way of
protest or otherwise. I would not want
to say a word against any man from Cali
fornia who is aspiring to a political posi
tion. President MrKnlpy is well ac
quainted with Jud -e McKenna and lias
had experience of him as Attorney-Gen
eral. I esteem Judge McKenna as am in
of Donor and characer and competent for
the position. I would not sign a protest
against my bitie enemy in a case of
that kind. Mr. Keni a has done noth
ing against Caliiornia that this action
should be taken against him."
Assistant Untied States Attorney Sam
uel Knight said that be ha 1 not appended
his name to the protest of Judee Gilber*.
He said: "I beli-ve Judge McKenna to be
a man of a great dial of ability. He is
quick to grasp lhe points of a case that i*
presented before him. He is conscien
tious in his work, and above even the sus
picion of unfairness. In all my relations
with Judge McKenna as an officer of the
Government prosecuting cases in il*
court, I have every reason to feel* sat is lied
with his judicial determination of the
questions that were brought before him."
Deputy United States Attorney Bert
Schlesinger said: "No. sir; I did not sign
the protest, and I certainly would not. I
think that Judge McKenna has the moral
and the legal ability neces aty and is well
qualified for tbe place. It is not good
policy to oppose his preferment.. His
record on the Dencb is a coot one. in all
respects and his decisions are sound. His
ability has been recognized by the people
of this State." ■ ;iyyy \;* ; Hiy.;y.
Judge Heacock, Master in Chancery and
i Court Commissioner, was indignant when
the question was asked him. "No one
has had tbe assurance to a-k me to sign
any such paper, knowing the. relations
that exist between. Judge -McKenna and
myself. I consider him a man of broad
mind' and- perfectly competent for the
position.! He will do honor to the State
of California when he takes his seat on
the Supreme bench of the United States."
'Chief Justice Beatty— lt is a delicate
mailer for me to discuss. Ferboually I have a
. ... . ....-.'- - . „. i
very high regard for Judge McKenna. As for
ids judiclrl capacity I know nouiing. I never
practiced before him. I, however, rend sev
eral of his decisions that came in reference to
cases betore the Supreme Court and they, in
my opinion, were very able and of sound
judgment.
Justice F. W. lleiißliaiv — I have a very
high regard for Judge McKenna. Ido not be
lieve there can be a well-founded opposition
i ■> his confirmation to the Supreme bench of
the United States.
Justice Ralph C. Harrison— The peti
tion of the Portland people has to me the ap
pearance of some person in Oregon wanting
the appointment to the Supreme bench of the
United Siaies. I believe, however, tnat Mc-
Kenna will receive the appointment, and that
the appointment will be confirmed. I have
doubt of thai, and I believe he is a capable
m.n ior the honorable position.
Ju-tiro i". U. i.< ,i land— lt is a matter
which I do not ieel is becoming of metodis
cuss.
Justice «'. H. Garoutte— -Judge McKenna
is a gentleman in every sense ol the wind,
and as a ju.or fully up to the avisieg* of the
Judges o| the supreme Court oi th ■ United
Stales. I have known him for many year *,
and can say that he is an industrious, hard
work. tig man of go 'd education, of great lit
erary attainments and ol „igh moral worm.
•iii-iic.i- .iMckaon Temple— l was «*ne of
an examining committee that passed upon
Judge McKenna's ability to practice law. He
was a bright btudent and he passed a good
examination. lam not in a position to jtidg-*
as to his jud.cia capacity. I have ueard
many complain against him of not doing auy
thing when he was on iheCircuit beuch. I think
there are many better lawyers iv California
than he. He is perhaps not the equal ot
Jud<e Fie d, but that can be said. of most any
ot the men who have sat on the judicial bench.
He has not been in the profession for any
great length of lime and he certainly does not
rank very high as a lawyer. I can speak very
highly of him as a man, "but do not think his
career has been such as to recommend him
for the place he is named to fill. We have had
the -.-realist man that ever sat on the bench of
the United States Supreme Court irom Califor
nia and we can only hope that if McKouna is
appointed to succeed him he may at least
- mini the record of Judge Field.
•fudge ll.i\ ... Supreme Court Com
misAioiier— I" know liltie of Judge McKenna
and have no personal knowledge of him in a
judicial way. By reputation, however, I know
mm to be a gentleman and an abie juror. 1
hope the reports of his disqualifications may
bo untrue. Tnere is no reason why th cos*i
should not have a place on the bench. We
have a good deal oi litigation that .8 uot fa
miliar to lawyers of tne East, and it is impor
tant that when such questions come before
the United Sates Supreme Court lor litigation
we snould have representation on the bench
If McKenna is not appointed it is probable
that some person in the Baal may be named
to till the vacancy cau«ed by Judge Field's re
tirement, and the coast will have no one in
the court lamiliar with the affairs of the Pa
cific Slope.
Judge Carrol Cook — I have net seen the
protest, nor will I sign it or discuss Judge Mc-
-null's qualiiications, as I consider it a deli
cate matter for one in my position. I will say
mat news of the fight against him did not
surprise me. 1 have heard the mailer di
cussed a great deal since the Judge became a
member of the Cabinet, end rightfully or
wrongiully, many lawyers have expressed op
position to him tor the place.
John Dresiinch— I have seen and ref:i*ed
to sign the petition against Judge McKenua
because 1 am for this State. While he may
not be the greatest lawyer we have in this city
he is as good as some of those Eastern
j*ys who might bo appointed If he were not.
I believe in a man known to us out here.
_Jo*«*ph >'aphtaly — I have known Joe Mc-
Kenna tor many years, He is as shrewd and
studious a lawyer as you will find in the en
tire country. 1 have found him prompt ana
clever. He is vigilant, active, clearheaded and
honorable, He is essentially a stuuent in every
•sense of the word.
F slier Ames— l. know Judge McKenna
•well. I like him in every way, but I do not
ready bclhve a lawyer should rush into print
in & matter of ibis gravity. I cannot express
un -opinion on the subject without violating
mv sense of propriety.
It. I'urtnr Ashe— is a petitlou in cir
culation. It is what the sports would call a
warm one, too, but I did not sign it- II I had
an opinion on such a matter I would express
it, but I never appeared in Judg; McK*-nna's
court and i have no opinion. You run tind
many men who have seen the petition and I
hear that a ureal many have signed it. It set*
forth that McKenna was negligent with esses.
It Hive* a list of causes that he failed to dis
pose of while on the bench and states that he
is in every way unqualified for a place of so
much responsibility. ,— -; -;•
John 1.. Boon* —The Portland lawyers and
Unltid States Judges who are opposing Mc-
K-'iina are "onto their job," as the phrase
runs, lie is a nice little fellow personally, but
is a slow, ignorant and absolutely incompetent
man lor the place, He botches everything he
touches. I never saw a more unfit man for
the bench. On the simplest matters he would
dismiss he jury and ask for a brief on ques
tions that should be decided by any court of
proper heat ions without serious re
scarcn. lie knows no law and he knows it,
but he is conning enough us a politician and
crafty enough as a man to "seem to have a
wisdom be hath not," so be always appears In
tne light of a wise and most doaberallve owl.
It would be a disgraced to put so weak, vacil
lating and little n man in so biz a place. It is
a shame if the lawyers have not the bravery
to express their opinions. The dignity ol the
bench ought to be upheld by preventing the
scandal of such a man's promotion to .power.
John It. Gamer — No petition has been
presented tome, nor nave I heard of it. Ido
not care to say anything on the subject now.
I decline to say whether I think McKerna a
L.ik enough man for the place.
William i ieigi" — judge McKenna is a
fine lawve-. I think the circulation ol this
petition is a disgrace to all engaced in it. I
have found McKenna » thoughtful, studious,
painstaking and clear-headed Judge. He
struck me as being the most thorough and
painstaking of students and a man who is
thoroughly conscientious. ; '.:
Congressman J. . Magulre— l will not
sign the petition agaln-t Judge McKenna,
though I have he >rd oi the tight against him.
It is my belief tbat It would not be a proper
matter for mo to dtscttss.
John It. Mhoun-I have such relations
with the Judges and prospective Judges that I
must quote one o* tne favorite opinions of
Hall McAllister— "That I h ye no opiuions on
any imbue question except such as I keep to
myself. 1 in -it,, this sacrifice to my clients, to
whom the airing of my views might be of
lens.ve."
K. S. Pillgbury—l cannot conceive why
this petition should have b.-e-i in circulation.
1 have not signed it nor would I take part In
such a mutter.
Colonel John Y. Evan*!— -I do not rare to
be interviewed on this matter, though I know
Judge M< Kenna very weil. Everybody knows
him, and ii will noi require the reporteis very
lone to learn how he stands with the compe
tent lawyers oi this city.
W. "IV. out*- -ti were appointing a Su
preme Judge from Cslifornia I think 1 could
make as good a selection If no- >• hitter one.
I 'Lie-re, nowever, that Judge McKenna is as
capable as some of the other Justices on the
bench.
K. S. Heller— l believe that Judge Mc-
Kenna ii* perfectly competent. I tried several
case* before him In the Circuit Court and
found him capable and painstaking.
W. H. Metioi: — I have not beard of any
petition being circulated against Judge Mc-
K--nna. I have always considered him an able
nnd conscientious man. Out firm- has had
many case* before him and ii is irom the op
portunity thus i ff irded of observing him that
1 reached my estimate of his worth. I always
found him to le a studious, bard-working
Judge.
, D. M. l)"iin:i* — I must be used from
discus Ing Judge MrKeniiii'- cin.iUncy for a
pace on the United Sate* Supreme Court
bench.
M. J. Walilheimer- While Judge Mc-
Kenna is able and I. be ieve canape : his
best friends must admit that tie cannot com
pare with Justice Held as a jurist. i believe,
however, that he would prove to be a hard
working and coiiscreniioii* Judge:
•10-epti Rothschild— I was aurpri-ed this
morning wben I real of the petition opposing
Judge McKenua. I consider him able, honest
and efficient. I knew him ior many year* be
fore he was sent to Congress and always found
him honest and reliable. 1 think that he is
fully competent to fill the vacancy on the
bunch.
«J. J. iLeriiieii — I have not heard of any
petition being circulate t in this city opposing
the candidacy 01 Judge McKenna. If one wes
presented to me I wou.il reuse to sign it, as I
Consider Judge McKenna thoroughly capable
of a. ling the position.
Julius Kali.— ii is. certainly remarkable
that two of Judge McKenna's former asso
ciates should now oppose him, as they are do
ing, If the dispatch from Oregon is correct.
They musteither think him incompetent or
else are actuated by personal motives. I never
hud a case before Judge McKenna, so I am un
able to form an estimate ot lis ability. : .
It. It. 31itcli«* :— Judge McKenna is to a
great extent a ?e:fma<ie lawyer. If he did not
nave the advantages of education In hisearl er
lire, in the way o; law schools and universi
ties, he has more th in made up for it by the
diligence he has applied to all the duties he
was called upon to perform before going upon
the bench, He ably performed tbe judicial
duties devolving on him as a Judge 01 the
United States Circuit Court. To show you his
great ana absolute lack if fear oi crltici-m
it is only necessary to recite the fact that
after bis appointment to the United States
Circuit court by President Harrison he wen.
to New York and devoted several months in a
post-graduate course of lectures at the Colum
bia Co. lege Law School. This showed his
grit, and it has been the same way with every
ease tried before him as Circuit Judge, for bis
opinions show that every cause omitted to
him was made the subject oi special study.
His honesty and integrity have never been
questioned even in Cell ornia, where the char
acter of a Judge has never been beyond dis
cussion either by the bar or the people.
Keuben H. Lloyd — I have known Judge
McKenna for many years, and have always re
garded him as an honest and capable lawyer.
There is some ulterior purpose to be served
when an attack has been made on him. His
onions while acting as Circuit Judge prove
him to be well qualified to fill the place, and I
hope that he will be appointed.
K. II Cou try in Ho — I heard several weeks
ago that a petition requesting the President
not to name Judge McKenna was being circu
lated, but it was never presented to me. I con
sider Judge McKenna to be honest, upright
Slid capable. -f- >,-,.- ■"■=. - .-.
1.-wia K. Hying ton — I • never heard of
any opposition to Judge McKenna until the
news came from Oregon. 100 not care to dis
cuss his ability as a jurist.
I'-ter i". Dunn.. — I think that Judge
McKenna is fairly competent to nil the va
cancy on the Supreme bench. If a petition
was presanted to me opposing Judge Mc-
Kenna I wou d reiuse to sign it.
DAVIDSON NEVER
UTTERS A WORD
Believed to Have Eeen Crazed
by the Infidelity of
His Wife.
Proof of an Important Nature
Reserved to the Court
and Jury.
special Dispatch to The Call.
BAKERSFIELD, Dec. 3 The interest
manifested in the trial of Davidson, the
wife-killer, was greater to-day than yes
terday. The large courtroom was crowded
with spectators ail day, and every word
uttered in the progres of the case received
the closest attention.
It' leaked out yesterday morning that
some racy testimony was to be brought
out to-day and the fact helped to augment
the crowd. .
It was in the shape of a photograph of
pretty Emily " Davidson, the murdered
woman, "en deshabille," and somo com
promising Ie ter* that passed between the
dead woman and old man Werrington,
whom Davidson sued for $20,000 damages
for alienating his wife's affections. The
picture and letters were passed over to the
court and jury for inspection, but were
not publicly exposed.
Herein, as the evidence pointed, i.r the
troubie, or the bisis of the prisoner's al
leged insanity. Several witnesses testified
that he was a changed man after the dis
covery of bis wie'-i infidelity, because it
brought on their si-pa ation and divorce.
Davidson after this was frequently heard i
to speak of his wife in endearing terms,
an on one occas on he was heard to (■"****
he could not tear her from his heart. He
repeatedly tried to make up with her
again.
It wa** shown that he had a prosperous
business before old man Werrlnaton in
tertered witu his happiness, and after this
it dwindled to nothing. Several of the
witnesses swore it was their opinion, from
what they bad experienced of Daviison,
hat he was crazy. They had hear i him
complain of severe pains in his head, ana
that he ima ined every one was conspir
ing to do him injury.
On one occasion he thought hi-* wife wis
going to return to him and his spirits
were greatly brightened hereby.
Dtvi- sun* continues to -keep up his
crazy appearance. He never niters a
word or mates any apparent effort to note
what is goin-" on. Hi* counsel believe
him crazy, 'lhe defense will likely reach
:-. resting point to-morrow. " ,
EC OF A MURDERER.
By Playing a Sharp Trick on the Jailer
a Condemned Man Reaches
the Woods.
RIPLEY, Va., Dec. 3.— John Morgan,
sentenced to be hange 1 Dec 'inter 16,
played a sharp trick on the jailer here last
night, whereby be walked out of jail and
took to the -woods. where blooubounds
are on his trail. A short time ago he sold
a confession for $'.5. With the money be
bought a new suit of clothes to wear on
the gallows. Last night he made a dummy
of his old suit and put it to tied in his cell.
Donning his new suit, he climbed on ton
of the cell and lav there unt 1 it was locked
for the night. Then he escaped and was
not missed until this morning.
"SEW TO-DAT*
WHEN OTHERS FAIL CONSULT
.^^^^d^tf&L^m
DOCTOR SWEANY.
. If you are suffering from the results of indis-
cretions ol youth, or from excesses of any kind
in maturer years; or ii you have Shrunken
Organs. Lame Back. Varicocele, Rupture, ex-
haustive drains, etc, you should waste no
time, but consult this Great Specialist; he
speedily and permanently cures all diseases
of Men and Women. Call on or write him to-
day. He can cure you. Valuable Book sent
Free. Address
F.L. SWEANY, M.D.,
737 Market St., San Francisco, Cal.
FAILED TO PROVIDE
FOR MRS. COLLINS
Judge Allen Grants Divorce to
the Wife of the Fresno
-•'■ j • Ex- Preacher. '.'-;. •
Recollections 'of a ' -.Divine Who
Turned His Talents to Law '. ;.
Practice.
Special Dispatch to The 'Cai.il. . •
FRESNO, Dec. 3— Alvena E. Collins
was granted ad iv,prce . by Judge Allen in
Los Angeles to-day irom J. H. Collins on
the ground of failure to provide. .
Collins was formerly pastor of the Con*
pre -ational church in this city; but is now
practicing law in Jerome, Ar.2. .As the
pastor of. the Congrecationalist* of Fresno
Mr. Collins became 'quite prominent. He
served in that capacity for about* three
years, corning here from Los Angeles.
He was very apgressive, and got . into
trouble a number .1 times. He d s in
guished himself by delivering red : 01 ser
mons, and headed the fight to oust the
Armenian members of hi* .congregation.,
from the church because^ they did not',
take baths, and .their personality was ob
jectionable. .'-''.. .-':■-
The Armenians fought for what: they
considered their, rights is good Christians,
and a conference was held of the: higher
dignitaries of the church : in. the State!-
However, beyond alight censure Mr. Col
lins did not suffer by his action. , '->-. -.'.
The pastor then. felt the/pastorate. and.
studied law. He was admitted and
opened ah office in this city. He became
involved in some shady transactions,
however, and was indicted' by. trie •Federal:
Grand Jury for obstructing tbe 'adminis
tration of the laws. The friendsdf re
tired pastor finally lost confidence in: him;;
and he left Fresno to seefc new field:3,.Wt**
iling in - Arizona. . . . ' • ; . .. • 'I'f.'iy
Mrs. Collins left, her husband shortly
after he entered upon the practice of Taw.
She went to her former home in Los
Angeles, and they have lived apart for
about a year. and a half.
Hail J mature Veal.
Cnlef Food Inspector Docierir and Chief
Market Inspector Davis of the Board of Health
made a seizure of immature, veal at the rVsj-:
tauraht of H. Falk at 112 Fourth street yes
terday. •'-'■ ;. .. • : . ■.'._ . •-;_•"
The calves, two in number, had bee pre
pared f r use- to-day, and Were' in' the ice
chest when taken charge of. . A warrant has
been issued for I'alk's arrest.:
SEW • TO-DAT.
Look out for colds
At this season. Keep •:•■
Your blood pure and
Rich and your system
Toned up by taking
Hood's Sarsaparilla. Then
You will be able to .
Resist exposure to which
' A debilitated system
Would quickly yield.
■."*.-■'
H il In! XIS 111 I ll' V- *i
© Would scarcely believe these prices pcs- M
fl sible, yet they are a fact at our store. H^e ©
& always for first-class, select ,^S^:-^*vo-; SB
■ more than second-class prices. Don't jtdgre #
& quality by price altogether. Try us. Every- ■
fl thing "Money-back,"- Startling*. Holiday •
0 prices are bringing us booming businass. ®
5 BROJERY BULLETIi. 1 HOUSEHOLD BARM. I
|jgj Butter, choice creamery, Nutmeg Graters .......... Ac •
A square 40c Hammered Brass^a^s I5&,S<Jc". ma
S Eggs, our best fresh : . : ....40c Egg Poachers, worth fl-. 25c !S^
■ Cheese, California cut 12 -.c, loc Bread Toasters, tvorth 25e..10c ■•
0 Cheese, Martin's N. V 16c Japanned Trays, oblong, #
m sugar, W. R., fine granu- worth 50c........... .......... ...20c ra
« i - at cd ; IS » *; ••••;••"• $1.00 Coal Scuttles, 2 sizes... 17c, 21c "
S L Hn' h JaC ° S ffe y , Carvers, genuine buck- 9
■„ 10 "**** •; WC handle! Knife, Fork and i •;«-■■
j*. Hams, Eastern fancy lie Steel, set guaranteed...s2.oo
Jg Beans. Boston uhite,2olbs..2sc Carving Knife and Fork, ;
HI Tapioca, best flake, 10 lbs.v.2sc genuine buck handles-.... . ; H
£ Coffee. Lion Roast, 7 1b5... 51.00 ■'•• •8-iuch 75c, 9-iuch 90c -^^
wm Tea, $1 value, Oolong 50c -^~>"' -"■
■ Raisins, loose Muscatel 5c OUR CROCKERY DEPARTMENT. ■
** Mincemeat, our best, 2 lbs ..25c . -„.,.■. . &3
M Tomatoes, newcrop,4 cans 25c clt s rih co « l » ,g^--^ !i: J
H Fine Prunes, sure to please.. 3c St *>p and ldokt-nptice window ■■■:
a Brown Nutmegs $1, others 50c display. All 1897 Fall Style**. ©
JJ. Mustard, in oil, tancy pots.lOc No back numbers nor ••cheap" Bf*j
Kb Salt, 20-lb bag, table, fine...lsc goods. Our import order of gg 7
Q Rice, Paragon table 5c Bohemian Glass arrived. . ;^ ;
Q| Rolled Oats, A.C.Co., 10 1b5..25c Genuine Bohemian Vases, S
_h Whole lomatoes, trying, . „......,;..;.......;;;.;...-25c to 90c %£$
X c 3 ~ « ■ ■" 10C Bohemian Cut Glass, pieces ©
® Sugar House Drips, gallon . ; from-* ........20c to $125 H
B 3^' „?« f VrnV"w"" T !rSS Bohemian Lemonade Sets- A ■
™ Flour, good Cal., bag.... $1.00 ;;..,„-.,_;....;-.. $1 25 to $2.50 5
•B*3 Sardines, imported Le c^i^^i , /--,*. ii. t*. -^ ""•"•-•""'■»•-.'■
• R _„„ w . 0(> Selected China : Decorated w
x " r " n i""'*"' ■"■".'" > : Gups and Saucers. 25c to 75c M_
■ I'otatoes, fancy Burbank, c Q ■ ; -,-:-• . -v -r,--*---:".--^*,.-- --, * ---*.j- ; ---:-iv = -T^-"--*f
■■ 110-lb bac Qo* See.our Lamp : Display, vA
• 110-lb bag o '■";«'". 2 prices..i;.:;..:. i .„...25cto $6.00 \ ■
Canned Corn, new..Be, 10c, 12e ri;f„ :*. ; i r i *.*_ j
• ii*.***- ilk f-0«,.* ' .^ y Decorated Lamp and Shade, ™
• H ?" e^-r frames ' our Irt 18-inch, complete %
nn lauciesi 10c ■•--•—-- . '-v"-- ■-•-■. -^*_ '•■-■'
• GOIKI.tTLESSOSS OUR DRUB DEPARTMENr +«
0 By a noted teacher, given free Is fully equipped arid in com- 2,
jg| next week. Announcement in iP etent hands. '_.••;•: . ; ;:-^-V-;V-v;.V : -.'™
a Monday's paper. Atomizers, the 50c and 39c ®
m 1898 CALEWARS FREE. kind, our price ~ 25c HI
■ ludo LALLNJAHO FREE. Colgate's Perfume, in boxes A
£ Beautiful Calendars ready for presentation....... ..25c
am fur free distribution next Seidlitz Powders, the 35c J
X week. One goes with each o^fo*-....................... ; . : ....25c ©
• 25c purchase of a certain soap P^ to^ dl^.... LU^... P^ 5 o c ■
\%9 and one with each purchase iitl-, * ._• /- , c * fil -
■-a .-'* v, Sperr, FHmr. F "*— \ White Pine Cough Syrup, *w
WM ot bperry Flour. 50c bott i e ...° ...... ..._ 3 sc @
1 WE m mm YOUR LIV.NB EXPOSES 20 PER CENT, i
;."■-(, ;-i ; :■ . . ■■":-' ;■-■■--•;■' ■*■■
.-'''.
§CASH STORE,
: CASH STORE,;;
•^L-^^P/ 25-27 Market St., San Francisco,
"I^B^^teSt^^^pf/ NEAR NEW FERRY DEPOT.
-- - The Livßst and Liveliest Store in the City.
AU car linen termlnat, hero 1 big floor* bu gin X with goods at retail to ooli'
sumers everywhere for Cash only. Oeceniber list ready. - ; . " . •*"»»»• •
NEW TO-DAY. jy.;'>'/^__
t— - ■■-■■■ mm w
■■ How a Ca' fon*ta-*tr*^t Capitali^-R
-..**: Ran a Roulette Wheel ail Skinne^tT;
. His Gues'.s— -A Burlingam Joke — A
Banker's. Story, ami o>er goof*
. things in the Looker 0 1. 1
READ
aai * i jg t *»i^^
„ : '.'■ The Art Criticism on P.-.i tines in •
the emian Club Exhibiion and
... 1 tie Editorial » ritki-m of lie Club's
Methods, !
READ
The Sharp things iii 'he *Jri<r— -The
Cievor Hit* in Sports— Tin Edi-
: toria!* on the School Board aid City .
- , Government— The Stones— Jociety
News— Theatre il Cr.t cisms— Per-
: sonal— Gotham Gossip, and :..!s.i."h»
'■■': •■'.. Paragraphs inv';;Y' ;'y r 'y : - ■'■.•^•'--■ : --'.-i:
TODAYS
NEWSLETTER
Weekly Call
■ip/. It Publishes the Cream of the
J■■ News of the Week and j-
-3 MANY ATTRACTIVE AND
D ' ORIGINAL FEATURES.
3 IT IS THE BEsTwEEKLY
~J ■-■-■ PAPER ON THE
°\ V PACIFIC COAST
a- The Best >\ ■:■■■: y^_ Miflmg
o\ Telegraphic y:yS^/- News That
0/ Service on ! /y\ Is Accurata
The Coast / up to date
W- " N<jt;a' 'Line' of it'%hsatiOnar .: ,
~J; or Faky, and Not a Line of
:*?> it Dry or Uninteresting.
: :^;; : " y^y^
'^1 [ Bright," Clean, .A, Champion ij>f i I
OC j j Thoughtful, 1 ... truth. j I
OC A CALiroRJ^A^^SPACTR / t-->
J Alt THE TIME.
o) IT ADVOCATES "T^StNT BY /
■7\- HOME MAIL, ■•$1.50 /
ex; INDUSTRIES (A YEAR. ;
■ ' . '■';■'■■' ■'. - '-■..■' '■ ■.-■:'■: '-■■'■ ;•"'• .:■"-. "::?'■• ■•;■■■■'-■