The San Francisco call. [volume], November 20, 1900, Image 1

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

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ings in the case of Captain McCalla ts a
court of inquiry and not a court-martial.
The Navy Department was advised some
time ago that trouble had arisen between
Captain McCalla. commanding the New
ark, and Lieutenant Commander John C.
Colwell, formerly naval attache at Lon
don, and now executive officer of the ship.
While the department was acquainted
with the facts, it left the matter to the
eomniander-In-chief of the station. Ad
miral Remey, to adjust. He has now
found It necessary to appoint a court of
inquiry, which will determine the merits
of the dispute between the two officers.
Should this tribunal recommend- a court
martial in the case of Captain McCalla.
it would be necessary to relieve him from
his command nnd order him to the United
States, for there are. not a sufficient num
ber of officers of the requisite rank on the
Asiatic station to form a court-martial
for the caDtalo.
Department Is Simply Investigating
His Dispute With
Colwell.
WASHINGTON. Nov. 13.— The proceed-
CAPTAIN McCALLA NOT
o^i BEING COURT-MARTIALED
It is added that the British Consul at
Panama had asked his Government for
a w^ar^essel. Conflrmation-of the reports
howevfx, were lacking and it was asserted
trra,t 4 the British Consul at Panama can
not.dispatch cipher rnessages from that
city. _^____
REWARD FOR CAPTURE
, "I ' OF ESCAPE!). CONVICTS
LEAVEN WORTH, Kans., Nov. 19.—
One hundred' dollars reward each for the
capture, d^ad or alive,. ot Estell or Cra-
escaped convicts who have led
th«^«|)ite.nyary guards a wild chase since
their^djteJJ for liberty on Ia3t Friday, was
lolIeretyHo-day. ' . ,
to-day that one of the
[mei^»|acd a 'meal last night of a farmer
"a Bh&grdistance from where -they were
sunrounped yesterday, but no further
trace of thffn was secured.
KINGSTON, Jamaica, Nov. 19.—Passen
gers who arrived here Sunday on the
British steamer Atrato from Colon say
there were rumd'rs at Colon when they
sailed that the British steamer Tobago
had been seized by the Colombian Govern
ment at Panama and sent, under an
armed escort, to Buena Ventura, a port
in the department of Cauca, on the bay
of Choco.
RUMORED SEIZURE
OF A BRITISH SHIP
Passengers From Colon Say the To
bago Was Confiscated by th*
Colombian Government.
CALL BUREAU, WELLINGTON HO
TEL. WASHINGTON, Nov. 19;-Diplom
acy having failed to accomplish a settle
ment of the missionary claims pending
against Turkey, the administration has
decided to support peaceful representa
tions by a naval demonstration. ,Two
American men-of-war have received, or
ders to proceed to Smyrna and a third, is
available for fluty In^Turkish waters.* if
the department deems it expedient to aug
ment the foljce. The ships Instructed to
enter the port of Smyrna, are the battle
ship Kentticky, one of the most powerful
battleships of the American navy, and the
training ship Dixie. The /gunboat Wil
mington, now in the Mediterranean, may
also be instructed to call' at Smyrna if it
is thought her presence will have a bene
ficial effect To Turkey, in 'fact, to all
Europe, the dispatch ef the Kentucky to
Smyrna can have but one meaning— that
the United States is determined In its pur
pose to collect the claims which it has for
six months been so earnestly pressing for
payment.
Administration officials are not Inclined
to discuss the object of the orders cabled
to Captain Chester, commanding the bat
tleship, but it is deemed significant that
the fact of the purpose of the Navy De
partment that a vessel shall call at Smyr
na has been communicated to Mr. Grls
com, American Charge d'ACfalres In Con
stantinople. This wlH*be good news to
Mr. Griscom. His representations t6 the
iSuhlime Porte, Vhlch ar^#t continuation
of the demands of Minister Osc*ar Straus,
withdrawn by this Government as a mark
of its displeasure at the dilatory^ tactics
of the Sultan, have had but / one -reauJt —
promises. J i | **V
According to Mr. Griscom, tbe - Sultan
went so far as to give his royal word that
he would pay the claims last August/* The
day for payment arrived, but the'monVy 1
was not forthcoming. So it/ haa beep
since. Turkey has promised, but
promises have not been fulfilled. Ui>on
Special Dispatch to The Call.
WARSHIPS TO BACK THE
DEMAND FOR INDEMNITY
Diplomacy Having Failed a Show of Force
"'VvVill Be Made in Turkish Waters.
his return to Washington some months
a g9." Mr - 1 Straus told the President and
SecretarysHay that a warship only would
make Turkey pay. At that time the au
thorities allowed it to be known that as
soon as r they could conveniently attend to
the matter they would dispatch a man-of
war to Turkish waters. President McKIn
ley having be«n re-elected, he feels that It
ds high time to bring the Sultan to terms
,And^the dispatch of the Kentucky to
Smyrna has ? thls as its object, \
under arrest and begged the privilege of
communicating with her attorney before
being taken at that ijnseemly hour ana
under such distressing conditions to the
City Prison. *
The request was granted and within a
few minutes Mrs. Lund's attorney was at
the Franklin Hotel and In consultation
with her. The attorney sought out Pollco
Judge Cabanlss and Induced hlra to accept
cash ball of $100. The acceptance of this
ball by Judge Cabanls?. under these clr
cumstanco!>. was c.'early In. violation of
the charter provision. Judge Cabanlss
has erred !n\the same way before and hai
created considerable scandal In his de
partment by so doing. He had. however,
saved Mrs. Lund from the humiliation of
being taken to the prison. She was forced
to go Into court yesterday, and although
her attorney begj?«d for an Immediate
hearing of the charge' against her. th«
case was postponed until Friday after
noon.
In the meantime her husband had died
a suit which is without precedent In the
history of the courts ' of California.
Through his attorneys. Sullivan & Sulli
van, he filed in the Superior Court a suit
asking that the deed of gift for the Web
ster-street home to his wife be revoked
on the ground that It was obtained under
false pretenses. In this suit the husband
makes the claim that the consideration
was the conjugal truth of his wife, which
he alleges the wife did not give. Furth
er than this, eliminating the scandalous
features of the document, tho husband
alleges that the wife owes her downfall
to Harry Herz.
¦ In this condition the disagreeable ar
faiz rests, but the fight between husband
an.l wife will be pursued bitterly to Its
end. The wife declared yesterday that
the husband has resorted to his desperate
measures in order to force her to return
to him. The husband, through his at
torneys, replies that he haa discovered
enough to prove that his wife and Harry
Herz deliberately conspired to rob hjm
and not succeeding in that have now sued
him for divorce in order to obtain his
prcperty. vj
The attorneys for 'the husband have re
ceived the reports of' the private detec
tives. who t pretend to have followed Mrs.
Lund in**every, movement day and night
since /she left "her Webster-street home.
Last Thursday one of these private de
tectives swore to a complaint against
Mrs. Lund before Police Judge .Cabanlss.
This complaint was not served upon the
woman until 5 o'clock Sunday morning,
when she was alone in her apartments at
the Franklin Hotel and Police Sergeant
Donovan and Private Detective J. J. But
ler banged, on her door. She was ordered
to set ' ud and did ao. Sha was Dlaced
The husband at once began a flsht
against his wife's suit. He employed
three detectives, a man and two women,
to shadow his wife In every movement. It
Is upon the alleged . discoveries «)f these
ptivt.te detectives that the charge s<ainst
Mrs. Lund was made and the suit to
recover the Webster-street home was
filed yesterday. Mrs. Lund left her home
on "Webster street and took up her resi
dence at the Franklin Hotel on> Market
street, registering under the name of Mrs.
Jerome, which In the criminal charge
against her Is designated as an alias.
Thejprlvate detectives also took "residence
at the same hotel. What followed after
that will be included iri*the contradictory,
scandalous and unwelcome testimony of
witnesses in the divorce court, the civil
court and before the bar of a police judge.
The wife left her husband at the Va-
Itncla-street station and went^immedi
ate'y to her attorney, Joseph ltothchild.
and commanded him to bring ;.-,u \t against
her husband on the ground of. extreme cru
elty. The suit was instituted on the fol
lowing day and the wife rtspresentel a
very serious condition ot affairs In the
Lund household, j She alleged that her
aged spouse threw cups of boiling water
at her, and when she dodged them fired
•nates at her. She declared that lifer with
him was unbearable and she demanded
a thousand dollars a month alimony and
a division of property rights.
They finally came to San Francisco and
Lurd built a magnificent home for him
self and wife at 2716 Webster street.
About a year ago he deeded this home
to her, as he stated in a complaint which
he filed yesterday. In "consideration that
during his life she be a pure, chaste nnd
virtuous wife. Then he became depress
ed by suspicion. He took his wife to Del
Monte and found there the irreoresslble,
frsclnatlng Mr. Herz. There was a scan
dal and husband and wife returned to this
city on October 26.
The old man and the young woman went
to Guaymas and on September 3. 1S95. they
were married, the old man first having
Increased her salary to $50 a month. Hav
ing married the domestic, Lund could find
no expedient too exacting with which to
endow his wife with wealth. He gave her
an Income ranging from one thousand to
three thousand dollars r month. He
gowned her as superbly as money and
professional Judgment could suggest. He
traveled with her. but on one occasion he
Insisted on locking Iier in her drawing
room on the trip.
a better poker player than her employer.
Lund chlded his servant and she promised
not to repeat the offense.
He engaged her at a salar- of thirty,
dollars a month to go with him to hl3
home in Guaymas, Mexico. \ They took th«
train together and when the journey was
nearlng - its end j on the American : side,
somewhere near El Paso, the aged hus
band says . he made the horrifying discov
ery that his new-found, young and very
charming domestic was playing poker
with Harry Herz. a commercial traveler
for the New. York lace :.rm of Einstein,
Wolffe & Company. It is to la presumed
that the 'young servant found in Mr. Her*
As the husband, through his attorneys,
Sullivan & Sullivan, tells the story of hi*
second excursion on the matrimonial sea,
a series of remarkable incidents has been
his lot In the last four years. According
to this version of the affair, William' C.
Lund was In Boston five years ago look
ing for a woman servant. He made ap
plication at one of the various . intelli
gence offices in that city and found tho
woman who is now his wife.
The only Issue Involved ceems to be that
of money, of which the aged, husband Is
abundantly possessed. The husband In
his own behalf and through his attorneys
asserts that he has been forced to the
necessity of public scandal by the efforta
of his wife and a man named Harry. Herz,
who formed a conspiracy, first to rob him;
then to divorce him ar.d secure a great
proportion of his property. The wife, who
Is charming, fashionably dressed and the.
very picture of outraged innocence, de
clares that her husband is ulinded by the
vagaries of old age and has magnified a
purely platonlc association between her
and Mr. Herz into an offense to which no
honest wife can submit or admit. She
declared that she has been in every sense
a helpmate to. her husband, counseling
him, cheering him, aiding him in all the
varied relations of wlfehoou. She ha 1 *
sued him for divorce and he ha3 denied
her claim. She has been hounded, she de
clares, by. her insanely jealous husband
until she has been forced to leave his
home and hers to take apartments In a
Market street lodging-house under an as
sumed name and there. In ihe darkness of
the morning, police have appeared at her
door to arrest her on a shameful charge.
wealth and every appearance of perfect
contentment.
The * husband, five years ago. pos
sessed enormous lumber interests at
the Mexican town of Guaymas. His
first wife had died and he was traveling
for health and a change from the scenes
in which most of his life had passed.
He went to Boston and there met the
woman who Is now nls wife and around
whom revolve stories of scandalous life,
gay revelry on trains, poker parties with
men not of her household, daring es
capades at Del Monte, quiet, dainty sup
pers at the Poodle Dog.- midnight excur
sions with roysterlng companions into the
slums of Chinatown, clandestine meetings
at the Palace and a shameful charge In
the police court. As In everv stOryof do
mestic unhapplness, there are two sides
to it, and the gay, fascinating figure of a
man who Is not the husband. The case
Is a very bitter one and is already brlat
llng with lawyers and private detectives!
male and female.
MR.<A"ttD MRS. WILLIAM C. LUND, WHOSE MARITAL CAREER OF FOUR YEARS HAS BROUGHT THEM TO
SHOALS OF THE DIVORCE COURT, THE CIVIL TRIBUNAL AND THE BAR OF A POLICE JUDGE IN
' THIS CITY.
SUPERIOR JUDGE HEBBARD.
WHO ENJOINS THE CIVIL
SERVICE COMMISSION.
WILLIAM C. LUND, a mil
lionaire, whose marital Infeli
cities have been the theme of
private sosslp and public
Bcandal, has created a prece
dent for aged husbands in the chastise
ment of their wives. He has had hU
young wife before the bar of a local Po
lice Court charged with the only offense
which dishonors a wife in the eyes of the
world. In language more forcible than
delicate, he swears that he exacted from
her a promise to be puie, chaste and vir
tuous and he haa discovered proof that
she is false, untrue, unchaste, unfaithful
ar.d disloyal.
There has seldom been in tiie courts of
San Francisco so scandalous and so un
savory an episode as this. The husband
is over seventy years of age and his wife
swears she is twenty-eight. In a married
life of four years there have been quarrels,
criminations, recriminations, bitterness
and unhapplness, surrounded by enormous
William C. Lund, a Millionaire, Carries His Do
mestie Infelicities to a Sensational Climax.
Shadows of Gay Life Alter Dark.
I and county government, and the character, au
j thnrity. rights and duties cf the officers thereof.
; Nor was the ruling In Kahn vs. Sutro dls
j puted until the decision In Martin vs. Board of
I Election Commissioners came down October 23,
j 1S9S. and the question now is, for the purposes '
I of the case at bar, did Martin vs. Board of
Election Commissioners overrule Kahn vs.'
Sutro?
The new charter had been presented to the
people of the city and county of San Francisco,
and by them adopted as their organic law May |
"IS, l c ??. approved by the legislature In Janu
ary. 1S53. and went into effect January S. 1900.
On November 3. 1S96. an amendment, section '
SS. article XI of the constitution, was adopted.,
and upon the construction of that section, to
gether with the Martin case, the controversy*
here dejiends.
Charter Provisions.
The latter paxt of subdivision 4 of eectlon 8H.
ertlcle XI of the constitution, is as follows:
"Where a city and county government has
been merted and consolidated Into one munici
pal government It shall also be competent in
any charter framed under section S of said
article XI to provide for the manner In which,
the times at which and the terme for which
the several county officers shall be elected or
appointed; for their compensation and for the
number of deputies that each shall have, and
for the compensation payable to each of said
deputies."
Under this amendment, the freeholders In
serted in the charter of 1SSS. among other
things, section J, chapter 6. article V: "The
Sheriff shall be elected bf the people, and he
shall hold office for two 3"eare." and similar
provisions as to the other county officers.
The Beard of Election Commissioners pro
ceeded to call an election. Sheriff Martin felt
aggrieved at Ioslne. after two years, the office
to which he had been elected by the people for
four years, and he hrourht »ult for himself ar
ac officer and a taxpayer and for other sim
ilar officer*— the came kind of action brought
by Kahn— for the Identical redress and the
same kind of action now before the court.
The Martin case Involved but the one point,
just as the Kahn case did, and but one point
Counsel for Martin arjrued that the provisions
of tfce new charter fixing the terms of county
officers in the city and county of San Fran
cisco were In conflict with the constitution and
tho general laws of the State, and an invasion
of and infringement upon the sovereignty of
the State.
They said when the county government act
fixes the term of office of the Sheriff at four
years, the charter cannot reduce the term to
two years.
A ereat deal of the reasoning of the Kahn
ci«se, concerning the character of the consoli
dated sovernment and the distinction between
the classes of its officers, was gone over in
the Martin ca.«e and the answer of the court
to the Question was that the amendment to
the constitution, section 8*4. article XI. In
terms, pave authority to the freenolders to ln-
Fert In the charter, and tHe r*ople to adopt,
the very thing of fixing the terms of those
oificers. * *
Status of Officers.
The court *aid at pane, •411: "And to remove,
any doubt that may hive previously existed
concerning the status o©"f>f fleers of the class
(county) prosecutir.K thflf action, in mersed and
consolidated municipalities. It Is further ex
preysly provided in the amended section 8 and
S'4 that it should be competent In a freehold
ers' charter of such consolidated government to
provide for the election of such officers (county)
for such municipality. There is no room for
doubt, therefore, as to the purpose of the Leg
islature In proposing said amendment, section
J-H of art!cle,;XI, or of the people In voting upon
and approvinc the same."
At page 411: "The rule of construction In
voked by appellants seems to be that a provi»
slon in a law or constitution In reference to a
particular matter Is Inoperative and void,' If it
be Inconsistent with the general provisions of
said law or constitution. TTie direct opposite Is
the true construction In such cases.
"Under tblf» rule of construction It would be
immaterial whether the general county govern
ment act applies to the county of Ban Francisco
or not: f°r although said new section 8"4 article
XI may conflict with other sections of the same
article, providing for a uniform system of
county and township government. It would still
be valid as to the particular case for which it
Is intended, for in such cafe the particular and
the general both stand together— neither abro
gates the other— the former furnishes the rule
for freeholders' charters, the latter for all other
cases, and the court says at page 412: "But the
act establishing a uniform system of county
and township government does not and never
has applied to the county of San Francisco In
the pense claimed by appellants."
And the "sense claimed by appellants" was
that while section 64 distinctly and In terms
gave this authority— Kranted this power— to the
people of the city and county of San Francisco
still It was in conflict with the constitution and
laws of the State. The court decided against
this contention and that Is all the court could
decide in. that ca«e. and that Is all It did decide
In the case.
The Martin Case.
The court in the Martin case did not reverse
its ruling In the Kahn case; on the contrary by
reason of the only point Involved being the
length of term of the officers, deciding as it
did In the Kahn case, that it was four' years
and in the Martin case but two years, the
amended section SH article XI, having been
adopted between the dates of the two decisions
the utter absence of mention of so Important a
case as Kahn vs. Sutro. decided by the same
court, only three years before. Is an absolute
demonstration that instead of reversing the
Kahn case the court In the Martin case affirmed
It by determining that section S 1 * was purely
and simply a new constitutional exception to
the general rule therein laid down.
There Is no mention of qualifications for dep
uties In section 8^4, but there Is mention of the
number of them and their compensation.
To the extent, therefore, of the power ex
pressly given In section PA may the charter
apply to "county officers" of the city and
county of San Francisco, and no further.
The decision in the Martin case Is simply the
application of that ancient maxim concerning
the construction of written Instruments and
the Interpretation of laws. • • •
Vr"> case of Kahn vs\ Sutro 'Is yet the law
concerning the county) affairs of this consoli
dated municipality; exlcept as to the changes
wrought by the charter under the ffuthorlty
granted In terrriS by section 8>*4*of article XI
of the constitution of the State, and such coun
ty officers may select their own deputres, up
to the number limited by; the charter, and be
themselves the Judges of. the qualifications of
those deputies. • • • #
j^For the. foregoing reasons it Is ordered that
the demurrer ta-the complaint be overruled,
with, leave to u&J defendants tn/ answer ln!,ien
days. It. they are fr> t ad vised; all that toe pre
lic^lr.ary restralnipgforder continue In force. '
V An appeal tj£,the jSuprem^ Court t will
i>e taken for^jTR'ith hv the Civil} Service
Commission* City And Co'untj-*3Utorney
Lanei e "tn*ough hetfdld ,not*carejfo make
any, comment -on t^e {decision, jald that
ho would Immediately, prepare to appeal
Continued on Pago Nine.
interpretation of the law. has met the ls-
Eue. which, so far as the Superior Court
Jf concerned, clcsej the controversy and
m^ftt 'Jrftiaission of its power to
n*ove«galnst the guarded rights of counjy
c Seers:
Question of Sight.
This action 1* brought to have determined
the validity of the provisions of section II.
article XIII of the charter cf the city and
county cf San Francisco respecting its appli
cation to certain efflcers therein named and
heretofore known and designated as county
efflcere, to wit: County Clerk, Assessor. Sher
1E. Recorder, Coroner. Justices of the Peace
fc.r.4 Chief Clerk of 6ald Justices.
The question involves the right only of the
Civil Service Commissioners to prescrlb^-othe
r^alifications for and appointment o* defUties
ir. Raid offices, asd cannot, in this case, be en
larged to 8(!mlt of a determination generally
of the validity cf the civil service provisions
cf th* charter as a part of the general system
sf government 'of the city and county of San
Kranelseo provided fr.r by the charter, nor
v. nether it is applicable to any other officers
X) an those c!at>«(4 a* "county officers." nor
ca to the practical results of the administration
tt.eraof.
The anrurnerts of counsel were inert elaborate
ez:C able, aci after a careful review of them
C.e court If informed that of the many case*
c!ie<i as authority this case depends upon two
of them, belnir decisions cf the Supreme Court
if California. Kahn vb. Sutro. 114 Cal., 316. re
li>?<i upon by plaintiff. and Martin vs. the
J-Vartl of Klectlon Commissioners et al.. 116
Cal., 4M. relied upon by defendants and claimed
Ly thfera to be a reversal cf the point decided
In Kahn vs. Sutro.
In the caj>e of Kahn vs. Sutro the single
point Involved and decided, as appears from
the pleading*, the briefs of counsel and the
opinion of the court, was whether or not the
ei-t of 1S93. known as the "County Government
Act," applied to the city and county of San
franclsco. eo far as the Sheriff and other
coucty officers were concerned, and the Su
preme Court in that case decided plainly and
unequivocally for the first time Eince the adop
tion of the consolidation act in 1S5S — forty
M-irt — that the act of 1S33 did apply to such
If.icers. • • • / *
Both City and County.
The court eaid (pajre 319): "While the corpor
ate name of the body politic Is The CUy and
«v*unty of San Frandscp" it Is jecbpnlzed by
the constitution as having the attributes of
bcth a city and a couaty. and also as having
pttrifcutes distinguishing it from either. Geo
graphically It le one. of. the Itgal subdivisions
at the Etate. and Htftftat respect Is recognized
In section 1; article XI of the constitution as
c-.e of the counties of the Etate. Politically
it 1« rerardfd In that Instrument as a municipal
c< rporatioa." And/at pa£e 222 the court said:
¦But while the people if San Francisco are
thus to be r*«:ard«vl as «nder a municipal grov
«-nment with the/rlffht to select officers to ex
ecute the powers lof that government according
t - the terras of fts charter, the territory' over
vh'ch that rovetrment is exercised is at the
f-s~-,e time a cgUnty. and f»r those purposes
for which aMbiV offVers fx«-cise authority
net derived frCfa the Charter and disconnected
v.'.th municipal goverr.rjjrr.J*l Its officers are
• -onerly te«-rr.ed ccudjLj** officers. Ccnslcered
U ts pollUcal and Wicl/l relations toother
portion* of the State ihe <5rflcers elected by its
I' tem t* the eitentf Aat they exercise only
rk* powers an*» given by laws relating
rr.ere-j- to counties and who do not derive any
r .^a h rd i ed a as thC c; 1 untv r Tnc^. C^ rt dr S^ t ish^
fr And C^ a i°n fl^re 22€ji "s/n Francisco ,,,
therefore, both » city arid a ? ount^f" <1 »>'
thigh the boundaries cf»the^wo bodies cor
p rat« are coincident the »-leclor« within this
territory vote for officers whose authority and
fu-ictjons are derived exclusively frrfm the char
ter of the city, and also for officers wnoee
auiies and powers are prescribed by ireneral
!;,-.¦, e-id -upon which the charter is silent. It
roust follow that sortie of its officers arecity
officers and other* are coutfty officers. There
'.!¦ nctfcl!|fr unut-ua! or inconsistent -in this-'
*i County O IBcers Naiaed-
The court then polots our that under the
authfirtty cf *ecti<-n 5* article XI of the con
stitution and the net of 1S32. Sheriffs and other
cotmtjr oftt»-er* are elected for a terra of, lour
years. a»d tj»at The other officers of the city
aud cou3jt»' dtrive thefr erletenee and author
ity fronjfthe consolidation act which prescribes
other- term* Ur them, and the courtirflnally
dfclares at pare 3K: "These officers ar#;
therefore, county officers, and" their 'terms of
o.r.ce r» well us the time of their /election.
tre jno»« provided by the county g-orernmeni .
T n ! *.5 a ' !e ' ra * < Jpe !'3 p d In SeptenjJtifr. 1S3&,
jwiie the cor.Kr,i<datlon act of VJA, fmnJ amended
ly fffneraU-lawB, v»p yet the charter of- the
c :ty Lnd comity ct Pan Francisco. ,'-'»«// t>'\
>-.n earnest end learned petition tor-fd '.'jre-'
? c . i2l f" hn v " Sut -ro «*.' at rest, up '
££3F&fe U?f '- doubts may hav?
V^> PJ h l professional or lay mind con
cerning tbe character of our consolidated city
this consolidated municipality, except as
to the charges wrought by the charter
under the authority granted by section 84
of article XI cf the constitution of the
Ftate.
Under this Interpretation of the law the
county officers may select their own dep
uties, up to the number limited by the
charter, ar.d be themselves the judges of
the Qualifications of those deputies. Thus
!as the erstwhile empire of the Civil Ser
vice Commission been dissipated. The
present suit could have been avoided.
County oScers were willing to confess the
authority of the Civil Service Commission
to fill vacancies caused by dismissal or
death, but they questioned the right of
the commission to create vacancies. The
commission, however, demanded posses
sion of the ¦whole works, and was advised
That It could secure the same by proper
defense to the actions to be Instituted to
limit its power. Various suits were in
stituted against the commission, but the
casrs filtered through the Superior Coun
on the "pro forma scheme" without the
* xpreypion of an opinion as to the merits
rf the controversy, until the present case,
that of Timothy J. Crowley"" against the
Civ'.l Service Commission, was submitted.
Judge Hebbard. In the following concise
Francisco is tinder the guidance of a dual
government, or, in other words, the gov
ernment is in the hands of officials whose
jroveramental powers are partly directed
by the provisions of the charter and again
axe, to a certain extent, subservient to the
general laws of the State enacted for the
purpose of maintaining the relationship
between State and county in accordance
with the Intention of the constitution. The
court has held that the law as laid down
by the Supreme Court in the case of Kahii
egalnst Sutro, in which the issues raised
In the cas-o Just decided were decided in
favor of the plaintiff, who supported the
existence of the so-called county officers.
Is yet law concerning county affairs of
employed.
Judge Hebbard has decided that San
IT Is over a fragrneat of the local gov
ernment that the Civil Service Com
mission now wields Its 6cepter of
power. A decision was handed down
yesterday by Judge Hebbard of the
Superior Court, the mandates of which
take from the hands of the Civil Sen-ice
Commission all jurisdiction and authority
over the offices of the County Clerk. As
sessor, Sheriff, Recorder. Coroner, Jus
tices of the Peace and Ch5ef CWk of the
Justice's Court and the depuJWs therein
Judge Hebbard Holds Those Other
Than City Officials May
Name Deputies.
NO CIVIL SERVICE
IN COUNTY OFFICES
SEEKS TO DISHONOR HIS WIFE
IN THE COURTS OF JUSTICE
Professor of Economies Resigns
From Stanford and Seores
President Jordan.
ALDRICH EMULATES
ACTION OF DR. ROSS
The fact that Dr. Ross did not present*
,hls first statement to President JordajT
before he made It public is cited as an
Instance of the breach of good faith on
the part of the distinguished sociologist.
After President Jordan had upheld Dr.
Ross for 1 several years before Mrs. Stan
ford, they declare, the chivalrous thins
for Dr. Ross to do would have been to
first show President Jordan the,rt£Ue
me'nt. Had this been done, Dr. ¦'Ross
might have omitted the part in which he
charges . his downfall to the interference
of San Francisco corporations.
The faculty members believe, however,
that it is due Dr. Ross to say that he
did not fully comprehend the situation.
He failed to realize that it was the al
leged Insult to her dead husband's mem
ory that Mrs. Stanford resented.
BACK UP PRESIDENT JORDAN.
Several Faculty Members Discuss the
Ross Episode.
STANFORD UNIVERSITY. Nov. 19.-
At a meeting of some of the older mem
bers of the faculty Dr. Ross* resignation
was discussed in the light of to-day's
developments.* There were present Act-
Ing Vice President J. C. Branner, head of
the department of geology; ex-Vice Pres
ident John M. Stlllman, head of the chem
istry department; Robert L. Green of the
mathematics department and George A.
Clark, the university secretary. '^hese
together with Dr. Nathan Abbott of the
law department represent the most con
servative element in the faculty. They
are ready to go on record In unqualified
support of President Jordan and the pol
icy he has pursued In dealing with the
difficulty. "While no statement was is
sued by them, they are prepared to make
it when they consider the good name of
the university demands it. .- . w
These men are inclined to the vlew'ttiS'It
Dr. Ross* treatment of President Jordan
has not been as kindly as that extended
toward him by the university president
character of the statement which Dr.
Ross offered was sufficient reason why
his resignation should be accepted at
once. He regrets that Professor Aldrich
has taken this action, and hopes he may
see fit to reconsider.
Morton Arnold Aldrich. assistant pro
fessor of economics at Stanford Univer
sity, graduated from Harvard in 1895 with
the dfgree of bachelor of arts. In 1S97 he
took his doctor's degree -from the Univer
sity of Halle at the age of 23. During the
next year he was a fellow In economics at
and was advanced to Instructor
ship in economics the following year. In
September, 1899, President Jordan called
him from Harvard to his present position
on the Stanford faculty.
Dr. Aldrich is considered one of the
most brilliant young economists In the
country. A thesis on "The Condition "of
the Laboring Classes in England," writ
ten after a year's study in the coal re
gions, has attracted widespread attention
in economic circles.
your scholarship and of your efforta as a
teacher in behalf of the university. Very truly
yours. DAVID STARR JORDAN,
President.
President Jordan said to-night that tho
Special Dispatch to The Call.
STANFORD UNIVERSITY, Nov.
19. — Another Stanford professor
has raised his voice in protest
against the enforced resignation
of Dr. Ross from his chair In the
department of economics and sociology.
This time the protestor is Dr. Morton A.
Aldrich, an assistant professor to Dr.
Ross In the economics department, and his
protest Is fhed in the shape of an empha
tic resignation from his position at Stan
ford.
Dr. Aldrich's reason, as stated in his
resignation which he forwarded to Presi
dent Jordan to-day, Is his Individual pro
test against the recent enforced resigna
tion of Dr. Ross from Stanford and
against President Jordan's subsequent ac
tion. .
The "subsequent action" to which Dr.
Aldrich refers is President Jordan's re
quest of Dr. Ross that he cease teaching
at Stanford at once Instead of at the close
of the present semester. Dr. Aldrich' a
letter to Dr. Jordan Is as follows:
PALO ALTO. Cal.,
Monday, Nov. 19, 1900.
Dr. David Starr Jordan, President of Leland
Stanford Junior University— Dear Sir: With
deep regret I ask you \p accept my resignation
as assistant professor of economics in Leland
Stanford Junior University. I only take this
step, as you know, after extended conferences
with you. This reslRnatlon Is my lndividaul
protest against the recf-nt enforced resignation
of Dr. Rosa from Stanford University, and
against your subsequent action In the matter.
My reasons for this protest are neither based
on my agreement or disagreement with the
x-lewn of Dr. Ross nor on my personal friend
ship for him.
Nothing that you have said to me weakens
my belief that the request for the resignation
of Dr. Rosa meant unjustifiable Interference
with the Independence of a university teacher
within the proper limits of his freedom.
I protest with equal emphasis against your
action In the matter since Dr. Ross made pub
lic his statement concerning his resignation. I
refer to your statement which appeared in the
San Francisco newspapers, but most of all to
your action In asking Dr. Ross to cease teach
ing at Stanford University at once. Instead of
at the close of the present semester, for the sole
reason that he had made public his statement.
I prefer not to appear to acquiesce In the
course which has been^ pursued in regard to the
case of Dr. Ross.' As 1 1 wish' to make this state
ment of the reasons for my resignation public,
I ask that my resignation take effect at once.
Respectfully. MORTON A. ALDRICH.
President Jordan < accepted Profess v
Aldrich's resignation immediately upf»n
receipt In the following fetter: ,/ " •„
OFFICE OF PRESIDENT.
Stanford University. Nov.' 19. 1900.
Mr. Morton A. Aldrlch. Assistant Professor
of Economics, Stanford University: Dear Slr-r
Tour kind litter announcing your resignation
of the pesition held by you la Just at hand,
wUh Its accompanying reasons. One of these, ,
tfi my regret, contains an Implication which
may be open to misconstruction. I refer to
the phrase, "For the sole reason that he nan.
made public his statement." Tbe action in
question was based wholly on the character of
this statement as offered, and? was. In my
judgment, unavoidable. '£ " f
I accept y^ur, resignation with regret,
to take effect! avyour convenience, at the same
time exprtffig&g ray, very high , appreciation of
SAN FRANCISCO, TUESDAY, NOVEMBER 20, 1900.
VOLUME LXXXVIII— NO. 173.
PRICE FIVE CENTS.
The San Francisco Call.