JUSTICE MAY BE BALKED.
Owing to the fact that Judge Conlan
was unable to get the services , of a sten
ographer again yesterday the preliminary
Roberts Pleads Not Guilty.
SALT LAKE, Feb. 5.— 8. H. Robert*, by
his attorney, appeared before Justice
Kroeger to-day and entered a plea of not
guilty to . the charge of unlawful co
habitation, upon which he was arrested
on Saturday. He was held In $300 ball for
further hearing.
Dinner Sets
Bargains.
It's Worth Yonr
Coming Just to ' See.
Great American liprtiDi Tea Ci
Stores Everywhere*
zoo Stores.
For family ace Jesse Moore "AA" wblsker U
a prime favorite In thousands of homes.
is that when you txka your linen to «
laundry to be renovated tak« It to on*
that will not rot the fabrlo, and that
will send It home In good condition,
and with a color and finish on It such)
as experience has taught him that ha
always gets at the United States Laun-
dry. Our perfect methods glv* you
work that Is unexcelled by smj ona.
United States Laundry. Offlo*
1004 Market Street.
Telephone South 420.
Oakland Office. 514 Eleventh 3%
Dr. Parker's Cough Cure.. One dose. will stop
a couth. Nev.r fall*, Try it. All druggists. *
Wriiifs Indian VeptaWe PI
ARK ACKNOWLEDGED BY THOUSANDS
of persons who bave used them for fort)
years to cure SICK HEADACHE. GIDDINESS
CONSTIPATION, Torpid Lr»er. WeaJt StOBMCoi
Pimples and purify the blood.
Making New Homes.
Special Dispatch to The Call.
WOODLAND, Feb. 5.— A number of
Woodlandltes who were In Honolulu at
the time quarantine was established, have
made the best of the situation, secured
employment and may ¦'become permanent
residents of the Hawaiian Islands.
¦ Pyrography outfits and things to burn
In Artists' Material Department at Saa
born & Vall's. •
Divorce for Mrs. McCue.
SAN RAFAEL, Feb. 6.— A divorce was
to-day granted Mrs. Henrietta McCue by
Judge Angellottl from James S. McCuo,
the well known politician and circus man.
The grounds alleged were desertion and
failure to provide. McCue is at present In
Alaska, where he carries mall over the
trails between Dyea and Dawson City.
DR. CROSSMAN'S
SPECIFIC MIXTURE,
FOR THB CUKE OF GONORRHOEA.
Gleets. Strictures and analogous com!
plaints of tbe Organs of Generation.
I'rice Jl a bottle. For sale by druggists.
Fell and Broke His Skull.
John 11. Neilson, a painter, was fatally
Injured yesterday afternoon by falling
from a scaffold In a building now being
built next the Alcazar Theater on O'Far
rell street. Neilson missed his footing and
fell a distance of twenty-five feet, landing
on his head and fracturing his skull. The
unfortunate painter was taken to the Re
ceiving Hospital, but the , doctors could
do little else than ease his sufferings.
COKE I COKE !
p. a. McDonald,
•Wholesale Dealer and Shipper of Coka.
OFFICE. 813 FOLSOM ST.
McMULLIN ON THE STAND.
Presents His Grounds for Divorce.
Other TJnhappy Couples in Court.
The action by which Thurlow McMullln,
for years past connected with various big
wholesale houses in the city,' seeks to ob
tain a divorce from his wife, Virginia Mo-
Mullin, on the ground of desertion, went
to trial before Judge Bahrs yesterday.
McMullin alleges that his wife, whom lie
married February 15, IS7I, deserted him
on April 10, 1896. In her answer Mrs;? Mc-
Mullin denies her husband's, allegations,
and alleges that she is the injured party,
having been deserted years ago by her
husband, who has since refused to con
tribute toward her support.
Charles Wheeler appeared on behalf of
McMullin when the case was called yes
terday, and the firm of Denson, Oatrr.an
& Denson prosecuted the case on behalf
of the defendant. McMullin was called to
the stand and occupied the day giving tes
timony In support of his side of the con
troversy. Mrs. McMullin alleges that he
Is In possession of property valued at $30.-*
Notable Deaths
of the Day.
NEW YORK, Feb. s.— William Henry
Gilder, the explorer, a brother of Rich
ard Watson Gilder, died at his home In
Morristown, N. J.. to-day. He was born
In Philadelphia in 1534.
From 1878 to ISSO he served as second In
command of the Franklin search expedi
tion, conducted by the late Lieutenant
Frederick Schwatka. U. S. A., which
made a sledge journey In King Williams
Land, lasting twelve months and extend
ing over 2250 miles. This expedition re
covered the remains of Lieutenant Irving,
one of Sir John Franklin's companions.
In 1881 he accompanied the De Long ex
pedition under Captain Berry. U. S. N.,
on the Rogers, and when that vessel was
destroyed by fire on the western shore of
Bering Strait Mr. Gilder was aliened to
station, which Involved a winter Journey
of nearly 2000 miles across Siberia. After
accomplishing this task be joined In the
search on the Lena Delta for the surviv
ors of the Jeannette.
Of late years he had written for various
newspapers and magazines until falling
health put an end to his activity.
LOS ANGELES. ITeb. 5.-Charles Krae-
examination of ex-Policeman Thomas H.
Dillon on the charge of murdering Charles
Joyce had to be continued till this morn
ing. Attorney Reddy, for the defendant,
and the witnesses for the prosecution and
defense were in court and had to be noti
fied to return to-day.
As an Illustration of how justice can be
balked throught the lack of stenographers
in the Police Courts, Attorney Mack yes
terday secured a writ of habeas corpus
from Judge Carroll Cook for the release
of Edward Smith and James T. O'Brien,
two boys charged with grand larceny for
stealing a horse and wagon and It 3 con
tents, including $700 which was In an over
coat, on the ground that they are being
illegally detained in custody. The writ
"was made returnable this morning.
The usual number of continuances had
been granted In the case, and on Saturday
both sides were ready to proceed with the
preliminary examination. The Judge said
that owing to the lack of a stenographer
he was unable to proceed, and Prosecut
ing Attorney Weller asked for a contin
uance till to-morrow. Attorney Mack ob
jected, as it was not a legal excuse to
say that no stenographer was present,
and asked that the defendants be dis
charged. The Judge refused, and Mack
intimated that he would apply for a writ
of habeas corpus. The Judge said he was
perfectly right and he would appear be
fore the Superior Court and testify that
no legal excuse had been offered for a
continuance. ¦ s;: .-«
mer, formerly a cigar manufacturer of
St. Cloud, Minn., who has lived here for
some time, committed suicide this morn
ing by hanging himself in a shed bark, of
his residence. He fastened a clothesline
around his neck, tied the end to' a beam
end stepped from a chair. He was CO
y^ars of age and had been mentally un
l'alanced for some time. He leaves five
daughters and two sons residing here.
SANTA CRUZ, Feb. s.— The funeral of
Mrs. Clara Tlbbetts was held this after
noon from the Congregational church and
was largely attended. The services were
conducted by Rev. J. B. Orr, assisted by
Rev. E. H. Hayden of the Baptist church.
Mrs. Tlbbette for eight years was an em
ploye In the postoffice, where she won
many friends. She was very prominent
In the Order of the Eastern Star.
VALLEJO. Feb. s.— Frank Hussey, a
very popular member of the Vallejo foot
ball team, by the accidental breaking of
the seat of a hay wagon fell under . the
feet of the horses he was driving. His
skull was fractured and he was. lnstantly
killed. The accident occurred on Benicla
road, between Vallejo and Robert Gore's
ranch.
MARYSVILLE. Feb. 5.--Mrs. Mary Glb
lln, the aged mother of John and Thomas
Glblin. well known orchardists of this
section, and a pioneer resident of Sutter
County, died to-day at the home of her
daughter, Mrs. Samuel Lamme.
SANTA CRUZ, Feb. 5.— E. L. Halllday.
a well-known resident of this city, died
this evening. He was Interested In the
meat and cattle business here. He was
a native of Petaluma and 40 years of age.
LOS ANGELES. Feb. s.— United States
Senator Fairbanks of Indiana arrived at
Pasadena to-day. He comes to take the
body of his father, who died at Pasadena
last week, to Indiana for burial.
WOODLAND, Feb. s.— The flag was at
half-mast over the armory to-day, out of
respect to the memory of the late Colonel
Cluff. - . .
MACKAY FAMILY
HIS AN HEIRESS
Daughter Born in a
New York Home.
NEW YORK. Feb. 5.— A daughter was
born to Mr. and Mrs. Clarence Mackay on
Sunday afternoon at their Madison
avenue house, this city. Mrs. Mackay's
parents, the Duers, are with her.
The wedding of Miss Katherine Duer
and Clarence Mackay, nearly two years
ago, was one of the most fashionable
of the swell weddings in New
York during that season. Miss Duer was
one of the most prominent of New York
belles and was famous as having been
bridesmaid at most of the ultra-fashion
able weddings.
The Mackays.jlt Is said, have taken a
castle In Scotland, and will go there in
a few months. John W. Mackay has not
received the least number of the congrat
ulations tendered the happy family.
MORE MONEY FOR TEACHERS.
Latest Agreement Between Them and
Merchant Creditors.
As a result of a consultation of the
merchant creditors of the School Depart
ment, Attorneys Heller and Powers and
a committee of teachers, an agreement
was reached yesterday whereby the lat
ter will receive about 15 per cent more
of their salaries for the month of No
vember. 1898. It was mainly owing to
the efforts of Auditor Wells that the
teachers recently received 61 per cent of
their unpaid salaries out of $59,000 made
available from money collected as col
lateral inheritance taxes. Besides this
amount there Is now $27,000 now In
escrow in the Union Trust Company's
vault to be distributed under a former
agreement. At the time the $1 compro
mise was made between the teachers
and merchants, whereby the $59,000 was
devoted to unpaid salaries, $8000, also
received from Inheritance taxes, was to
have been turned over to the merchants.
The latter, however, have never made a
demand for this money, and it appears
that by the terms of the latest agree
ment between the interested parties the
teachers will receive $15,000, while the
merchants are to get $20,000, thus apply
ing the $27,000 now In escrow and the
$SOOO apportioned to the merchants to the
partial settlement of their claims. This
will give the teachers about 80 per cent
of their salaries for November, IS3B.
The agreement also provides that as
more moneys are received from Inheri
tance taxes they will be applied to liqui
date the 25 per cent of the salaries re
maining unpaid for November. IS9S, after
which, if there la any left over, the mer
chants' claims will be satisfied. In this
way the entire November salaries will
probably be paid and money may. also
be made available to pay at least a por
tion of the salaries ' for December, IS9S,
still remaining unpaid.
Catarrh; Deafness;
Diseases Positlrelj Cured by
DR. COTTIHGHAM'S «££¦.
204 Sutter St., NVV. Cor. Kearny.
Hours— 9 to 18 a. vx-i Ito I and 7 to « Jk. m.
UDPP •*¦>» bone«t trial of oa« wmlc ifng
rivL.L>«to show the ruperlor merit of tb«
new treatment. 2000 teat cas«H»— 9s per cent
cured. Call at one. or writ*.
JOSEPH HAVES'
BODY IS FOUND
Cause of Death Still a
. Mystery.
Special Dispatch to The Call.
SALINAS. Feb. s.— Whether Joseph B.
Hayes, a liquor merchant of San Fran
cisco, who was sojournir- at Paralso
Springs, in the mountain.- of southern
Monterey County, last summer commit
ted suicide, became lost in the mountains
or was murdered is as yet as deep a mys
tery as ever.
Hayes has been missing since August 20
and no trace was ever found of him until
yesterday when his body was discovered
In a deep ravine about a quarter of a
mile from the hotel. J. R. Gllkey. a
rancher of the Paralso district, while
chopping wood became attracted to the
spot by the loud barking of his dog. Upon
Investigation the body of Hayes was dis
covered. All of the head except the lower
Jaw was gone, both hands were missing
and other portions of the body were de
composed. The man carrying mall from
Soledad to Plney passed along the trail
six feet from where the body was discov
ered four times each week, but he never
made an investigation. The whole affair
Is causing much comment. Coroner Mul
ler was notified an(J went at once to the
scene. A thorough Investigation will be
made. t-'-i'"
COLONEL CLUFF
LAID TO REST
Funeral Under Masonic
Auspices.
Just m the western hills began to eat
Into the golden disk of the sun a bugler
Bounded "taps," and the Immense con
course of people that had gathered in the
Masonic Cemetery to do honor to the
memory of the late Colonel Thomas Cluff
fiispersed to their homes. It was the last
sad rite marking the passing of a man
honored and respected by every person
with whom in life he had come in contact
In either business or a social way.
The funeral occurred at 2 o'clock yes
terday afternoon at the Masonic Temple
under the auspices of King Solomon's
Lodge, Free and Accepted Masons, Rev
Dr. Lion officiating. After the services
the funeral proceeded to the Mason. c
Cemetery under the following escort:
Cavalry and Signal Corps, dismounted -
Company H. National Guard, of Oaklan-l-
Corapany C, National Guard, of San Fran
cisco; division of the Naval Reserve, all
three being under command of Colonel A
K. Whltton, commander of the Fifth In
fantry, National Guard. Following the
militia came the California Commandp.ry
Knights Templar; the Order of Elks,
King Solomon's Lodge, mourners, caisson
bearing the remains, members of the fam
ily. General Dickinson and staff, officers
or the Governor's staff, other National
Guard offlcers. active and retired, and em
ployes of the deceased. Directly following
the caisson bearing the remains walked
the army horse ridden by the deceased in
life, his cavalry boots being fixed in ihe
etirrcps and the martingales attached to
the bridle reins being wrapped in crape.
Tbe remains were borne to the caisson
and from It to the grave by ten members
of the Naval Reserve, and the honorary
pallbearers were as follows: Messrs. Bar
rere, U&lstead, Sanborn. Vail, Hosmer,
Evans, James, Nerney. Morton, Downey
Bates, Prince, Manning, O'Brien, Harris
Stock, Hughes, Zeile, Jelllson, Gunzen
florfer, Kellogg and Benedict.
The remains were laid at rest on an
eminence in the western part of the cem
etery, and there the worsnlpful master of
King Solomon's Lodge read the funeral
Bervlce, after which the choir chanted a
.hymn and tbe band played "Nearer, My
God, To Thee." A firing party, under
command of Captain Potter of the Fifth
Infantry, fired three volleys, and as the
sun wa« sinking behind the hills a bugler
•ounded "taps."
000 and is paid a monthly Income of 5415.
Of this she seeks her lawful share, and
Mr. McMullln sought to set her conten
tions at rest. Nothing of Importance was
developed during the day, and Judge
Bahrs continued the case until this morn
ing for further hearing.
Decrees of divorce have been granted J.
Callaghan from Anne Callaghan on the
ground of intemperance. James H. Mc-
Grath from Mary E. McGrath on the
ground of extreme cruelty, Mary O.
Greene from William A. Greene on the
ground of failure to provide, Amelia Mar
cowltz from Henry Marcowltz on the
ground of extreme cruelty.
Frances McDonald has sued John F.
McDonald for a divorce, alleging •failure
to provide as cause of action.
THE suicide theory In the case of
Amy Murphy, the girl whose body
was found In the park on Friday,
was, in the opinion of the law offi
cers, who have held to it all along,
almost completely confirmed yesterday,
when Detectives Ed Wren and Jerry
Dinan found where Miss Murphy had last
Wednesday bought a revolver and car
tridges. These two officers have been
searching for two days for this evidence
and their final success clears up much of
the mystery surrounding ¦ the death.
On Wednesday afternoon Miss Murphy
entered the sporting goods store of George
W. Shreve at 739 Market street and told
the salesman who waited on her, George
Barber, that she wanted a 3S-caliber pistol
and some cartridges. Barber sold her an
American double-acting bulldog of that
caliber for $1 75 and fifteen cartridges for
25 cents. These cartridges were of two
sizes, but all of them would fit the pistol.
"The young woman came into the store
between 4 and 5 o'clock," said Mr. Barber.
"She did not seem in the least excited
and there was no more trace of agitation
about her than if she had asked for a
tennis racket. She wore a black veil, but
it was not heavy enough to hide her
features. She paid for the pistol and
then asked if I would sell her a few car
tridges. I told her I would sell her any
number she wished, and she agreed to
take fifteen for 25 cents. There were two
kinds of these cartridges, because some
time ago burglars got Into the store and
broke open some boxes of cartridges of
different makes. I threw these all Into a
box together and sold them loose.
"The girl took three of- the cartridges
and put them into the pistol herself in my
presence. She tried to put in a fourth,
but the cylinder would not revolve fur
ther because she had not half-cocked the
hammer. She went out with the other
cartridges in the box. Perhaps she got a
fourth one into the pistol later."
Barber said he had not reported the sell
ing of the pistol sooner because he had
not paid much attention to the case. He
did not realize to whom he had sold the
pistol until the officers questioned him
about it.
The detectives took Barber to McAvoy's
undertaking parlors and there he positive
ly identified the remains as those of .the
person to whom he had sold the pistol.
When Detectives Dinan and Wren
brought the news of the purchase of the
pistol and the subsequent identification of
the remains by Barber as those of the
person who had made the purchase Acting
Chief Biggy said it had been established
to his complete satisfaction that the girl
had shot herself. »
"The person who stole the pistol from
beside the body took the watch, too," said
the acting Chief. "The timepiece was not
pawned, because Miss Murphy had plenty
of money without pawning it. She had as
much m 53 of her own and Poulin gave
her $20 more. After giving $10 to her
mother she had at least $15 left. I am of
the opinion that a mushroom hunter,
many of whom go into the park each
morning, according to Officer Dow, com
mitted the theft."
Edmund Cook, who lives at the corner
of Hayes and Devisadero streets, has
probably cleared away the mystery of
the pistol's disappearance. The gist of
Mr. Cook's statement was published in
yesterday morning's Call. He is a man
of means and has been well known here
for years. Mr. Cook was seen yesterday
and said:
"Thursday afternoon I took a stroll to
the park, as I frequently do. and some
time between 4 and 5 o'clock sat down
on the piazza at Tom Klink's place, cor
ner of Fell and Stanyan streets. While
sluing there I heard the repnrt of a pis
tol shot. There was only one report. I
said to myself, 'There's a suicide,' and
started to go over that way. Just then
two small boys came running out of the
park, near Klink's, seemingly excited.
Each appeared about 9 years old. When
they saw me they stopped. Following
them came a boy about 14 years old. He
had his right hand under his left coat
breast and seemed to be holding some
thing there. I thought he had stolen
something. He, too, stopped when he
saw me and looked as if he wanted to
turn back.
"The boys hesitated only for a second.
Then the older one dashed on and the
others followed. They ran as fast as
they could up beyond Hayes street and
out of sight. Of course, I think now that
the oldest one had the pistol with which
Miss Murphy was killed."
Detectives Dillon and Cody, who were
given charge of the main end of the case,
have, through believing from the start in
the suicide theory, worked out every clew
there was in order to leave nothing un
done toward determining whether a mur
der had been committed. They found
nothing to connect Poulin with any sus
picion of having murdered the girl. He
led them at once to the room in the Car
rolton where he said Miss Murphy had
turned on the gas on Saturday week. He
says it was 5:30 o'clock before he reached
that house in response to the summons
of his friend Maile, and found the gas
partly on. The detectives discovered that
Dan Doyle, employed by the United Car
riage Company, is the hackman who took
I Miss Murphy from the Carrolton on that
Saturday evening to 833* Bush street, from
which place the despicable Poulin sent her
from him forever. Doyle was summoned
by a call ring In from the Carrolton. He
said Miss Murphy looked pale and weak
when she left the place, but was able to
walk, supported by her false lover.
Proprietor Maurer of the Carrolton does
not remember the incident of Miss Mur
phy taking a room at his place. Plenty
of people came and went each day, ho
said, and he would remember few of
them.
Dr. Brigham and Dr. Mlddleton viewei
the remains yesterday. Dr. Brigham Bald
he believed there was only one wound and
that it had been Inflicted by a pistol
pressed against the head. Colonel Mid
dleton was of ] the same opinion. Botn
physicians will testify at the Inquest on
Thursday.
One of the questions that still puzzles
Is whether Miss Murphy met any person
In the park the evening of her death. Ac
cording to Park Policeman Dow she did
not. He says he saw the girl, whose re-
mains he has since identified, sitting on a
bench on the Hayes street walk Thurs
day evening. She got up two or three
times, he says, wrung her hands anxious
ly and looked toward the entrance, as If
expecting some one. Finally she took up
a small box lying beside her and disap
peared down a trail. . '¦
In contradiction to this is the statement
of Fred Charles Hergen, a contractor,
who after looking at Miss Murphy's re
mains said they were those of a girl he
had seen last Tuesday, Wednesday and
Thursday evenings In the park near
where the death occurred.
George C. Malle, the man who was with
Miss Murphy at the Carrolton before
Poulin went there, was taken to head
quarters yesterday by the detectives to
make a statement. Though he Is Poulln's
friend, what he told make 3 that individ
ual appear as a still more cruel and de
testable character.
Maile said that Miss Murphy telephoned
him Saturday forenoon at the Eisen Com
pany's office asking him to meet her at
12:30 near The Call building. He did so.
She was much agitated and looked as If
she had been •weeping. She said she
wanted him to deliver a letter and some
money to Horace Poulin and asked him
to accompany her to the Carrolton. She
went up first and secured a room — No. 54 —
there. She complained of Illness and Malle
got her some brandy, after drinking which
she revived and . told him that Horace
Poulin had promised>he would marry her
on her eighteenth birthday, which was
drawing near, but that.he had heard she
had been confined in a^Magdalen asylum
and had declared to her; that he would
have nothing more to do with her. She
told him of 'her living with Poulin and
said she did not want to go home, as her
mother hated her and set her stepfather
against her. Finally, Maile says, she gave
him a letter and $20 05 to give to Poulin,
whom she asked him to befriend.
Maile declared that the girl had been
drinking, and that after crying some more
and declaring she would kill herself fell
asleep on the sofa. Maile then went and
told Poulin, who left the office about 4:20
or 5 o'clock, and telephoned three-quar
ters of an hour later to learn the num
ber of the girl's room. <
At Amy's former home yesterday her
sister Winnie found three pages of senti
mental poetry written by the girl
Just before she died. It spoke of her "lost
love" and the coldness of writing com
pared with words.
On the afternoon of the day on which
Miss Murphy's death occurred Poulin
worked at he Eisner Company's office, ac
cording to his statement. He left there
about 5 o'clock, got his dinner and was
then at the White House saloon, 114 Sut
ter street, up to nearly 11 o'clock, when
he went to his room.
RUMOR IS BUSY
WITH THE HEW
POLICE BOARD
It Will Meet This
Evening.
NOTHING EXCITING EXPECTED
SULLIVAN IS WILLING TO BE
THE NEW CHIEF.
It Is Reported That Mayor Phelan
Has Accepted Thomas' Resigna
tion and Will Name His
Successor.
%
The Police Commission meets to-night,
and despite the belief based on the ex
citing termination of the last session of
the board, iae chances are that nothing
out of the ordinary will occur. Commis
sioner Thomas, who produced most of the
fireworks on that occasion. Is out of town
and will not be present.
It is quite possible that the Mayor may
notify the board that he has accepted the
resignation of Commissioner Thomas,
which has been in his hands for ten days.
It is also possiule that he may name that
gentleman's successor. In fact, rumor
wa6 buey yesterday with this bit of gos-
Kip. it being stated as a certainty that
the Mayor had gone so far as to confide
to several intimates that he had accepted
the resignation and decided on Mr. Thom
as' successor.
Rumor was also busy with the name of
Colonel W. P. Sullivan Jr.. the jlayor's
secretary, as the probable successful can
didate for Chief of Police, the Esola, alias
Harrington, person being conceded to be
utterly out of the question. Colonel Sul
livan, although never an avowed candi
date, does not deny that the position
would be grateful to him..
"I am not what you might call a
etraight-out candidate for the position."
he 6aid yesterday when Informed of the
rumor, "but I will say I would gladly ac
cept It if it were offered to me."
This statement of Colonel Sullivan's gives
some color to the belief that there will be
"somethin" doin" " to-night. It is known
that a week ago last night Mayor Phelan.
absolutely flabbergasted and disgusted at
the public exposure of Esola's unntness for
the place, announced that Colonel Sulli
van was his candidate. The Esolaites,
discouraged by the previous exposure,
were dumfounded when they heard of this
etep. They elept on their arms during
the night and. refreshed by morning and
spurred on by desperation, they made a
last attack on the Mayor, threatening, ca
joling, persuading him to stay bought.
Their logic, even if enforced with a club,
had the desired effect and Sullivan was
withdrawn from the fight.
Since that time matters. Instead of
mending, have grown worse for the plot
ter*, until the burden has become unbear
able. The modestly announced candidacy
of Colonel Sullivan, "I would gladly ac
cept if It were offered to mo," is taken
as the first indication that an effort will
be made to shift the burden.
The Mayor's intentions regarding Police
Commissioner Biggy are shrouded in
more mystery than ever. Commissioner
Thomas' announcement at last Tuesday's
meeting that Mr. Phelan had authorized
him to say that Biggy would be ousted
oefore yesterday has not been borne out
Dy the results. The day after it was made
by the lawyer Commissioner. Mayor Phe
lan took occasion to say practically that
Mr. Thomas had exceeded his powers.
It may be that the Mayor may. even In
the face of strong public opinion, remove
Mr. Biggy It he does he will do so to
night. To all questioners yesterday con
cerning matters pertaining to the Police
Commission he said it would meet to-night
and whatever would be done would be
known.
Hales.
PHELAN'S WILL
IS SUPERIOR TO
A CHARTER LAW
Financial System Has
Been Changed.
SAFEGUARDS THROWN ASIDE
MAYOE'S CZAB-LIKE POLICY
AGAIN MANIFEST.
Freeholder Clement Declares That No
Executive Officer Should Pre
sume to Override a Fun
damental Law.
THIS matter was fully
discussed in the Charter
Convention by such men
as ex- Auditor Colin M. Boyd,
ex-Auditor and ex-State Con
trrller John P. Dunn, ex-Su
pervisor Stewart Menzies, ex-
Supervisor Denman and ex-
Mayors Pond and Ellert, all of
whom had had long experience
in the affairs of the city, and
all of whom had more or less
to do with the discussion
which led to the financial
scheme adopted by the Char
ter Convention and subse
quently carried into the char
ter with very little, if any,
alteration by those of us who
were elected Freeholders. I
would not assume in the least
degree the prerogative of
changing the requirements of
the charter, for that is our '
fundamental law, and no ex
ecutive officer would certainly
take the responsibility of set
ting aside the fundamental
law of the city. — Attorney
Henry N. Clement in an in
terview.
Mayor Phelan has set up a new fee sys
tem. The charter law has been super
seded by the Phelan will. According to
the charter provisions an officer receiving
a fee has to make out a receipt for the
person who pays it, a duplicate for the
dally settlement with the Treasurer and
a triplicate to be given the Auditor at the
end of the month, when the stubs are
turned in. The Treasurer has been obliged
to make out a receipt for each fee paid
in to him, which he turns over to the
Auditor, and at the end of the month the
Auditor compares the stub books with
the receipts he has received from the
Treasurer.
Treasurer Brooks decided that this was
too much trouble and complained to the
Mayor, who concluded that it would fully
satisfy the "spirit of the charter require
ments" for the Treasurer to send the
Auditor a list of receipts turned over to
him, instead of making a duplicate for
each slip of paper. He further author
ized the giving of a single receipt for sev
eral items by any official who sftould take
a number of fees at oue time from the
same person.
While the charter is very exacting as
regards the routine of fee handling.
Mayor Phelan has decided that his solu
tion satisfies the "spirit of charter re
quirements" and therefore should be
adopted. The absurdity and presumption
displayed by an executive official in not
only interpreting but changing charter
requirements is shown in the following
interview with Attorney Henry N. Cle
ment, a member of the Board of Free
holders:
"Section 35, article 16 of the new charter
provides that when any officer, board or
department finds it necessary in order
properly to conduct official business to
have more assistance, he should so inform
the Mayor. Upon investigation, if the
Mayor decides such to be so, he may rec
ommend that the Supervisors permit the
employment of such additional clerks or
assistants, and by an affirmative vote of
not less than fourteen members it may be
authorized."
"This provision comes under the head
of that portion of the charter marked
'Miscellaneous Business,' and provides
for certain contingencies which might
arise when the charter should be put into
operation. One of the first contingencies
we thought might arise was that in the
reorganizing of the various departments
more work might be imposed upon the
various officers or boards than had been
calculated upon. Therefore section 5 was
inserted to meet just such a contingency
Now, I have recently found by going to
the Treasurer's office he was complaining
that the charter caused his clerks to be
overworked by imposing so much detail
in the matter of small receipts. He want
ed to know of me what should be done.
1 immediately referred him to section 35,
article XVI, and told him to call the mat
ter to the attention of the Mayor. Mr
Brooks said he could not see the necessity
of so much detail in email matters, the
importance of which was not commensu
rate with the trouble Imposed. I told him
I did not see how he could fall to comply
with the provisions of the charter with
out setting it aside entirely, which of
course no one would be authorized to do.
I then said to him: 'General Grant once
said the best way to make a law obnox
ious is to enforce It in its entirety.'
Therefore, said I, carry out the provisions
of the charter precisely as they are writ
ten and the blame will not rest upon you.
If your force of employes is not large
enough to do it, then fall back upon sec
tion 35 of article XVI and get additional
deputies from the Supervisors.
"The financial system embodied In the
charter was originally drafted by a com
mittee In the Charter Convention of One
Hundred, headed by ex-Auditor John P.
Dunn, .who is also ex-State Controller, a
man we all thought to be thoroughly con
versant with the subject. He was a man
in whom we all had great faith, and I
know that this very system of checks
upon the Treasurer, involving the entry
of all the receipts of which the Treas
urer now complains, was a part of the
system devised by Mr. Dunn and his com
mittee to keep the Treasurer's office un
der such checks as were thought neces
sary for so important an office.
"The matter was fully discussed in the
Charter Convention by such men as ex-
Auditor Colin M. Boyd, ex-Supervisor
Stewart Menzies, ex-Supervisor Denman
and ex-Mayors Pond and Ellert, all of
whom had had long experience In the af
fairs of the city and all of whom had
more or less to do with the discussion
which led to the financial scheme adopted
by the Charter Convention, and subse
quently carried Into the charter with
very little if any alteration by those of
us who were elected Freeholders.
"I would not assume the prerogative of
changing in the least degree the require
ments of the charter, for that Is our
fundamental law, and no executive officer
would certainly take the responsibility of
setting aside the fundamental law of the
city."
Hales.
THE SAX FRANCISCO CALL, TUESDAY, FEBRUARY 6, 1900.
PISTOL WAS PURCHASED BY
AMY MURPHY ON WEDNESDAY
PATERNAL ADVICE FOR
THE UNINITIATED
J? misses' -rwo^ :2
* Jackets 98Cs
£ not 98c jackets, but truly $4.50 jackets cut to 98c, because we will not :;
T? take any of this winter's goods with us into our new store, these jackets
J& are of mixed tweed, of medium shades, with high s'orm collars, 8 button, i 2*
t double breasted, two pockets; sizes 14, 16, 18 and 20 y;ars. * ;*
•^ . *r
4* nCWS Of not a " of the new s; not room on this whole OL
t i . page for all of the good things for you to-day ~
T? CIOaKS, linenS at our stor?, but jjst a bit about cloaks and *£•
jackets, cur to-in some instances— less »
"gana Valentines, than one-fourth their va!u:- a little^*
•g* about the £21002 100 8 shillings and 2 penes sterling worth of linens ws have *J>
S+ just imported; a word or two about the 1900 valentines and some new goods &>
that we brought from Nsw York (or you by express. "**
«-. children's jackirts that<£| je jackets that wer; 55.00 ci /Ce?^»
Te?.were 53.50 cut to .pL-tO cut t0 4>1.05*r
,£ kersey and melton cloth jackets jackets that were 510.00 to 520.00^*
•17 that were 510.00 to 5 i;-oo C"2 5C cut for this sale to <?• j jce-^r
cut to W.OD $4.05 2>
4* ladies' for th!s sals thos - that sold for 57 - 53 > **°-°°> 520.00, 525.00, ?£•
*suits. KuMo S .'l:f.!.™::s4-95. $12.50 and $20*
|ll p a 1e de of linens. f
,51 yesterday's selling of these goods was large enough to have closed out
J; an ordinary stock, ours was not an ordinary stock, it was the largest Im-
•§* portatlon of linens ever brought to Frisco; cost us £2100 8 shillings and 2A.
jr. pence, come this morning and see the wonderfully low prices that prevail.
J?i Here's a sample: . tr
jc. table damask, bleached, 60 Inches wide, all linen, ; per yard, _
jgonly 35 C **
a.
jg\ It would seem as though the art publishers of the world had vied with &
<^one another in the issuing of pretty valentines tor 1900. we have the
4+ prettiest from the different stocks, dainty lace ones | + *7 — -4&
~ IC lO '5 C i
then, too, are the popular comic ones that dellsht ic\r era
you can get — **J» 5^ **
*!npe«rf /f» w _ O triple sliver plated; some satin finished,^
SLOO. 50me burnished; sold regularly for 52.25^
jbL"aV» Jm r jf to 53.25. . 19
*• ¦¦'¦>--"'' '¦ x --¦¦-¦¦¦¦' *F
J* just in by express. *
spangled nettings. >$»
4* the very latest — a fine silk black spangled netting, heavily
grenadine mesh, with a velvet f°v ; red, 27 Inches ; wide, very pretty • *
"j? ° . , , ...' —. . . irom $2.50 to $5.00 per yard T3T
|f dot and chenille Grecian bor- an entirely 2
J?der, in assorted colors- new des p ign f 2? Jnchcs - *£
T? per yard, only O u^ wide— per yard . .. 4>4 #oo^r
«£r : 4"
1? 935-947 Market Street.
12
The Girl Gave to
Maile a Letter and
Money for Poulin,
Edmund Cook Describes
How Boys May Have
Stolen the Woman's
New Revolver.
Latest Developments in the
Golden Gate Park Tragedy
Point Gradually to Le
gal Suicide but
Moral Murder.