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W. Morrow. Frank A. Lewis, William Bab cock. General J. B. Babcock, Hon. W. C. Van Fleet, W. S. Wood, AVilliam F. Herrln, Prince A. Poniatowski, Julius P. Kruttschnitt, E. W. Hopkins, W. M. Sklddy, Hall McAllister. Frank J. Symmes, Joseph S. Tobin. R. P. Schwerin, Henry T. Scott, E. S. Pillsbury. William Al vord, G. W. McNear, E. B. Pond, Rev. R. C. Foute. J. W. Byrne, Joseph D. Grant, Herman Oelrichs, F. W. Zelle, John D. Spreckels, A. F. Morrison, G. W. Kline, Charles K. Green, Reuben H. Lloyd, W. B. Cope, William J. Dut ton, Charles Webb Howard, F. H. Wheelan, Frank P. Deering. Homer S. King. George A. Newhall. Thomas L. Wood, Mountford S. Wil son, M. F. Michael, W. B. Bourn, Charles P. Eells, Judge E. A. Andrews. Claus Spreckels, R. T. Paine, Professor David Starr Jordan, Judge Stiness, General W. H. L. Barnes, the Right Rev. Bishop of Kentucky. . ARRESTS SOCIALIST FOR DISTtTREING THE PEACE Curbstone Orator Uses Improper Lan guage and Is Taken Into Custody! Sidney B. France, a socialistic agitator who holds forth on Grant avenue, near Market street, was arrested last night by Policeman Royston on the charge of dis turbing the peace. France at the time was giving vent to Improper language. He was also hurling abuse against the Police Department. - France has been so obstrepuous in his talks that a number of his auditors have frequently rewarded him with a rather free contribution of stale eggs, inter spersed with a few choice but juicy to matoes. When taken into custody laat night France threatened dire vengeance if he should ever agaki be disturbed in his diatribes. BERNARD WARD MUST GO TO THE PENITENTIARY Supreme Court Says Secretary of Ida rine Firsmen's TJnion Had a' Fair Trial. Bernard Ward, the absconding financial secretary of the Pacific Coast Marine Firemen's Union, will have to serve his seven years' sentence at Folsom. f Such was the decision of the Supreme Court Ward, by manipulating the funds over which he had control, laid away a trifle more than J4000 for himself in excess of his salary. His attorneys have carried on a vigorous light for him through all the It was claimed on behalf of the defend ant that the trial accorded him in the lower court was illegal by reason of vari ous technical errors. The Supreme Court reviews the case thoroughly, but finds, no worthy reason why the sentence 'should not be executed as ordered. Mayor Phelan Sued. Joseph Castor filed suit yesterday in the Justice's Court agfUnst James D. Phelan as director in the San Francisco and San Mateo Agricultural Association to recover $151 on a stockholder's liability. Castor is the . assignee of several creditors, who allege that they furnished several thousand dollars' worth of supplies to the association for which payment has not been made. . upon man than to study the history and watch the career of those we knew when he and they were boys, when the shadows of life, its struggles, its anxieties, its successes and Its failures have overshadowed them. I have tha advantage, I think, of every one of the gen tlemen sitting about this 'table, because I knew the distinguished guest of the evening when he was a boy. Mr. Morgan was a quiet, refined, delicately sensitive young man, and he began life when? his great father left off. Taught In his school, inspired by his example, his father lived to see him a crown in the occupation . of his choice, a power for good wherever he went, useful not merely In the higher walks of finance, not merely the strengthener of the national credit and the upholder of the na tional power, but dealing with everything from great questions of finance to the building of the Columbia that has kept the cup of the America still upon American noil. The history of this last century has been a wonderful one. The history of this century will be more wonderful still. The last century has demonstrated that this nation is one and in divisible. It has made forever an end of human slavery. It has developed the high energies of a great and prosperous people, and the problem of the coming century will be the development of that which Is the highest and best charity, what is beet for man to . do for man bo that Industrial excitement shall no longer exist, that commerce shall not be paralyzed by strikes, ships will not be tied to wharves and bands of marauders beat the shape of God's image out of those who desire employment. The time is at hand when these questions and that higher charity will find it* development. In many respects the American people is the most charitable people the world has ever known. I remember not long since reading that the individual charities of the men of wealth in America, not counting sums less than $5000, for nine years ending the commencement of this year, given for private charity, amount ed to $300,000,000. If you add to that the benefi cence of the Government toward the men who suffered and fought that this nation might be preserved it rises to the thousands of millions, runs up into the uncountable and unmeasure able billions of valuation. In future all chari ties must end. and if they end they must be repeated. If our great friend here to-night were to take his fortune and divide it up among the people of the country, in a few months it would all be spent and the work all have to be done . over again. . . CHARITY IS RELIANCE. Then what is the great charity? The great charity for the coming century is that which shall make It possible for a man to live, that shall make it possible for him to live, to sup port his wife and educate his children without reliance upon anything else but God and'him self. That time is coming and we shall make It. We have 75,000,000 of people in this coun try to-day. Before long we shall have 100,000.000 to 125,000,000. They cannot all be manufacturers and the bulk of them must take up the land and live by the land and on the land. Crops are raised, but they are valueless unless they can be exchanged for something which he who raises them can u$e. He Is tnV,most charitable man for the com ing century who shall build and manage for the people the great railway enterprises of thi« continent, who shall build and manage the great industrial enterprises of the country, who shall take the. article which man produces and bear it to other nations, taking back that which shall be of use and beauty and value and re finement to him. And with, such work will come the emancipation of labor, the dignity of man, the best life,' the best education, the highest realization of the sweetest dreams of , humanity that shall march its column up and lay its burden down withdut fear in the face of the father of us all who looks down to night upon this gathering from his throne in heaven. , . •-, ,< , . The Bishop of South Carolina, after a happy speech, concluded with this bit of sentiment which won him hearty ap plause: I want to assure you, gentlemen of Califor nia, that there is in South Carolina a very sin cere and a very earnest and a very growing eentiment of love and reverence and respect for this great country of ours. It is my duty to say that I believe that the late President of the United States, honored be his memory, as glo rious was his character, has done more for the people of the South, more for my dear people in helping us to a sincere, self-respecting, con scientious respect for the stars and stripes and the Government that overcame us, the Govern ment that persuaded us as he would have it, persuaded us by an affectionate assimilation in arms to be one — and I assure you, gentlemen, that there is in South Carolina to-day as faith ful and as sincere and as loyal a purpose and determination to be true to this country as there was some years ago as faithful and loyal a determination to be faithful to the Southern Confederacy. VISIT * A HAPPY OMEN. J. "W. Byrne, the president of the Pa cific Union Club said in response to a call from the toastmaster: It is a pleasure and a privilege to welcome under this roof men of such high endeavors and particularly to welcome here members of a profession too seldom represented in an au dience of this kind, and their presence reminds us of the fact that more than a century ago men also inspired by religloua zeal sought this shore. They broke the silence . in -which this land • had been slumbering and they laid the foundation. We may then hope that this new race of men equally earnest and striving to wards the same ends may bring to that prog ress a new birth and new impulse, and It Is p. happy omen for the fulfillment of that hope that the foremost man in America's industries finds the time and inclination to come here and share in the consideration and solution or the moral and religious problems of our daily life. Gentlemen, we cannot fail to feel the better for your comins. The menu was as follows: MENU. Toke roints. Chicken a la Reinr trolled Pompano. Cucumbers. \u25a0 - Vol au Vent a la' Toulouse. Chaudfroid a la Rousse, Fonds d'Artlchauts.' Canvasback Duck. Hominy. Celery Salad. Glace Macedoine. Assorted Cakes. Wines Piper Heidseck, 1SSJ. Camembert. Biscuits. Coffee. October Eleventh, Nineteen Hundred ancT One. The complete list " of those who spoke follows: William H. Crocker, J. Plerpont Morgan, Bishop Potter of New York, J. W. Byrne, president of the club, Benjamin Ide Wheeler, BlEhop of Kentucky, David Starr Jordan, Francis Lynne Stetson, "William W. H. Barnes, Irving M. Scott, ' Bishop of South Carolina, Bishop of Massachusetts. . Following are the names of those pres ent at the banauet: -Professor Benjamin "Ide Wheeler, the Right Rev. Bishop of Massachusetts, Irving.M. Scott, the Right Rev. Bishop Qf South Carolina, Judge John Garter, Francis Lynde Stetson, Hon. W. That respect which California has shown in very hisli degree for education augurs well for a return to solid foundations for respect for order. It is out of schools and universities that will come that sense of obedience which will make anarchy impossible and which will make respect for order the very foundation of life. (Apnlause.) The best thing our schools and universities can teach, the first thing they must teach, is respect for order. Children who have been taught to obey have been made fit to live as members of the social system. There has been a great deal of talk about devices for the cor rection of anarchy in these past days We welcome these guests here to us becau»e they represent a standing order. California can we!! afford to take into itself a larger. reFpect for things that have stood among men and have stood the tesj. of time, the test of experience. We can very well afford to in fuse into our life a larger reverence, a finer obedience toward things that are permanent, firm and noble. Out of respect for lire ae historically consti tuted crows that orderliness of life which makes life economical, which makes life pro ceed without waste, which gives life its ef fectiveness, its charm, the love of life, oppor tunity and fulfillment and makes life worth living. Wo have had enough of disorder to disre spect all forms of lawlessness. We have had enough of disorder to welcome whatever repre sents the solid historic order of our social ex istence. AVe are out here in the Far West in one sense far away from the centers of historic order, and we welcome here a body that rep resents a standing order, that order in life, that reverence for things that were and for life that is historically constituted out of which can spring the highest effectiveness— freedom— and freedom that is anchored in respect for the established order is the freedom that glv^s life effectiveness. dating the energy and self-sacrifice and high devotion and high ideas In finance which are illustrated in your guest to-night. I aeked one of his children some time ago to tell me about the father. She said that when he was at home he almost always read. She said: "When he is entirely at leisure he reads the old convention journals." What Is it that he finds jntere^ting- in the old convention jour nals? I have reached the conclusion that he Keeks them as a mode of repose. (Laughter.) I believe myself that is the explanation. He finds it a soothing atmosphere and - one that does net greatly tax his intellectual resources. When I went to Grace Church last Sunday and saw the collection, after the service, brought into the vestry room, one of the wardens held up the considerable coin, a penny. He said: "We don't get that sort of coin here, only when you Eastern people come." Well, gentlemen, that Is the situation to which we have been introduced by the en ergy and aggressiveness of the West. It has been suggested that Mr. Morgan might decide to stay in San Francisco for the rest of his life instead of living in New York. If he does not I can assure you it will not be be cause he doesn't want to. ORDER AGAINST LAWLESSNESS. Benjamin Ide Wheeler, president of the University of California, was then called upon. He said: Mr. Host and Gentlemen: I am very proud that I can stand up here this evening to speak for California. I speak of it as if I had made it. I speak of it with all the prida and all tha enthusiasm of a new convert. We are glad to welcome these guests among us. I suppose, first of all, because we are so few that we often get tired of each other, and tired of each other's stqries and each other's speeches, and we are glad to hear somebody ftlFe talk. We are glad to welcome them among us for what they represent. General Barnes hit the keynote last night and- he held his listeners with his customary eloauence. He said: Nothing is more delightful as the years ,grow BARNES IS ELOQUENT. EDUCATION IS THRIVING. President Jordan of Stanford University said in part: Mr. Host and Gentlemen: I am cast to-night in a very modest though a very pleasing^role, which is my duty to express to our guests some points or some pointers that may perhaps help them in their future relations with California. I am inclined to think that they are possessed of strictly erroneous ideas In regard to the climate of California. As a friend of mine suggested. It is just as well for men to get away <rom the idea that every table in California Is set in just the way this one is to-night. Our guests will find when they stay in this city a short time that It Is made up of hospitality and climate. The measure of higher education to the square inch in California is higher than anywhere else in the world. You will find this State with a scanty population of a million and a quarter of people with D000 college students to-day. The old Ideal. of the English universities has been that of culture, to make Individual, cul tured men, to raise men out of a class of com mon men. It is a high ideal. The universities of Germany find this a secondary matter, but they ' have an Interest In other things. But there is still another ideal which I think is higher than any other, and that is the ideal of effectiveness. and violence has been suggested of every sort, violent legislation and violent ac tion, but after all when we come down to the right all anarchy can be annulled only when the sense of obedience toward the standing so cial order Is inculcated In the children who grow up to make the next generation. The source of authority, the source of loyalty to the existing order will be found always in fami lies, and it is the family system that we must stand loyally by. If we go at the right of the matter we shall go into schools and we shall establish In schools education, not in the know ing of things, but In obedience to the author ityf that inheres in the standing order, the Ftajiding order of the family, the standing or der of Christian society. We shall Inspire their reverence for things that are fine and noble, things that are high and holy and of good repute. You cannot separate from Inspiration religion. No process that has been found yet can wring out as water is wrung out of a cloth reverence p.nd faith and belief in things noble. Our pub lic schools may well avoid subservience to a cultivation of things sectarian, things ecclesi astical, but we have got to nave In our public schpuls and In our universities as teachers men who revere things noble, men wno nave faith In things high, men who have faith in things be hind the veil, and we in California rejoice to have among us a body of men who stand for the larger reverence which makes life solid and gives us an anchorage before the sunrise and behind the sunset. We are proud of California, we are glad to have you here in order that you may see It, see its abundance, see Its opportu nities. We think we know what its opportunity is. We are just waking up to know the full ness of it. ' • We have always talked about things in the East as things "back East," and yet we have not half lived up to our phrase "back East." It is only In recent days- that we have really come to believe what Bishop Potter eaid to day at Berkeley, that San Francisco is the front door of the continent. We need men who can lead and bring men together. This land of California Is all right If it can bring out men who can join their hands together and men who can lead them and who can help. For after all it is not climate nor geo graphy that makes a nation; it is the power of joining men together. Yes, It Is righteous ness that exalteth a nation and makes a peo- Ple. BANQUET /\IND SPEECHES IIN HONOR OF J. PIERPONT MORGAN. The Associated Theatrical Managers of San Francisco held another meeting at the (P;pheum yesterday afternoon to per fect plans for the third annual benefit in ciu of their charity fund, in conjunction with the iIcKin!ey memoriiil fund, to be held at the Grand Opera-house next Thursday afternoon. Various comrnit xees were appointed, that on, entertain ment consisting ot Melville Marx, John Morrisey. >V\ Jl. Leahy and Alf Elling bouse. Philip Hastings was chosen to act £.s press lepresentative. The siage will be under the direction of George K. Lask, Harry Orndorf, Fred Butler and Charies il. Bryant and the young ladies of the "Florodcra" company, "who will appear in their stage costumes and act as a reception committee. The programme will undoubtedly be the strongest ever given in San Francisco, every theater In the city contributing its best features. One of the great novelties \u25a0will be the first appearance in America of the Pollard 'Juvenile Opera Company, which will arrive from Australia on the Sonoma next Monday. The company has a large repertoire and will be heard in the last act of the "Belle of New York." The double sextet from "Florodora" will be a feature, ard Miss Grace Dudley of ijhe same organization will sing "When I Town." Mason and Mason and )X-rie WilllamE-Salter of the "Rudolph t>nd Adoiph." company will give the brightest bits from that comedy, the Royal Italian I-land will be heard in sev eral selections and the Tivoli's contribu tion will be Estefania Collamarini and Domenico Russo in a scene from "Car men." and thR prayer scene from "Xa bucco," v.ith fcignor Dado and the large chorus. Cainille D'Arville, the operatic favorite, who is in the city, will sing, the Grand Onera-hoi:se stock company will rresent an a-t of "The L-ittle Minister," the Al razar's offering will be the second act of j "Too Much Johnson," and the Orpheum 1 will send over Monroe, Mack and Law rence in "How to Get Rid of a Mother i " ! n-law," the De Courcy brothers, hercu lean acrobats, and Thomas Baker, a famous mor.olosist and parody singer. The latest novelties in moving pictures will conclude the performance, which will be continuous, commencing at 1 o'clock • • '\u25a0 •*, f That the house will be packed goes i without saving. The sale of seats will bf gin at the Grand Opera-house Monday I morning at S o'clock. Brilliant Programme Prepared for the Big Event at the Grand Opera-House. MONSTER BE2TEITT THURSDAY AFTERNOON" Upon motion of Deputy Lewis of Pennsylva nia the House of Deputies resolved itself Into a committee of the whole to further consider the canon on the solemnization of marriage and divorce adopted by the House of Bishops. Chair man Packard of the committee of the whole A message from the House of Bishops. .was announced and Secretary Harf entered - and handed the nominations for Bishops to the new dioceses created, as follows: To the missionary district of Hankow. Rev. James Addison In galls, a presbyter of the missionary district of Shanghai; to the missionary district of the Philippine Islands, Rev. Charles H. Brent, presbyter of tile diocese of Massachusetts; to the missionary district of Olympla, Rev. Fred erick "William Cator, presbyter of the diocese of Iowa; to the missionary district of Porto Rico, Rev. William Cabel Brown, D.D., presbyter of the church in Brazil: to the missionary district of North Dakota, Rev. CharFes Campbell Pierce, D.D., presbyter of Washington. A message was received from the House of Bishops notifying that it had concurred in and adopted proposed article 11 of the constitution; and that It had disagreed to the ratification of the proposed article V and the second part of the proposed article X. MESSAGE FROM BISHOPS. When President Lindsay called the deputi/s to order there was not a vacant seat in the eacred edlflce. Despite the heat, the House of Deputies was crowded with visitors in the afternoon. The galleries were filled to their utmost capacity by the wives and daughters of the clerics and lay men. The fair sex looked cool in their vari colored shirt waists. There was a constant flutter cf fans that made the scene an animated one. Rev. Dr. Huntington of New York Delivers a Stirring Speech, in Defense of Innocence. DEBATE CONTINUES AFTER NOON RECESS ££ to our responsibility as clergymen of the church. I want to say a word about that. I believe that this proposition is really a propo sition to nullify the teachings of Christ, to nullify the authprity of the Matter and to nullify the power and the force of those vows which you and I have taken at the solemn moment when we were ordained for the priest hood. At that time we promised before God fcnd his church that ve would so administer end dispense to the church as Christ the Lord liad commanded. "Now you tell us that we must administer cot according to the commandments of Christ, but according to the teachings of this canon. I want to ask you this: 'Am I to obey 'Christ or the canon of the church; am I to ask this of the Bishop?* It would be a very difficult thing for the Bishop of that diocese to an swer and decide that question. I earnestly hope that some form cf amendment like- that which I>r. Huntingdon has in its simple form pro l>oe»d, be adopted by this house. "If this canon were passed I should so back •to my home feeling that the church of my Jove, that the church ol my reason, that the churcn of my forefathers for 300 years has lowerW the standard of Holy Scripture to a etate no longer in the forefront and as pro claiming that its teachings are based upon the teachlcgs of filvine law and the Master himself." REV. PR. FISK'S ADDRESS. The Rev. Dr. Fisk of Rhode Island was the Jiext speaker. He said: "We are not discussing a canon relating to <iECipline of the members of this church or the law of Christ, but we are discussing what la expedient in the attitude of this church to nard this great moral question. "The eyes of the people of this whole coun try are turned and have been turned for a long time toward the Episcopal church when it ehculd assemble to see and hear what it will have to say in thi6 great question. If this convention adjourns with the rejection of this canon proposed the moral sense of the people of this country will suffer from the blow." The Rev. Dr. Packer of Long Island in part paid: speaking upon this question the gentle- sa.id that he desired to test It by three inTTgt:: First, does it answer the requirements of ho'.y Scripture? Does it command the ascent of the moral sense? Or is it an expedient to meet the requirements of utility? First, has it the sure warrant of holy Scripture? It should have it. Now I want to know if thip church can afford to go out into the world with a car.on whose authority is doubtful. Can we enact on this great and burning question a canon that does not embody the mind of Jesus Christ. I believe "that adultery is a deadly thing. So deadly that it can disintegrate and dissolve the marriage vow." Tfce Rev. Dr. de Rosset of Springfield was nexvi recognized. In part he said: "Au-^ug other tMngs the gentleman said IKat he or.ly wished to make one point, that this was the question of the solemnization of matrimony only. He called attention directly to the words of the prayer book: "So long as vp both ?hall live' and the words 'until death us do part' and the wcrds 'let no man put asunder.' This service ould not be used even though the church may allow divorces for "cer tain causes, or even thoueh certain lnterpreta t«ons of the word of God may be admitted. This service cannot be used again if a person who has a husband or wife still living is di vorced for cause. 'This church is perfectly competent to pre pare any service if it wishes so to do, but it 6ays r.ov.- that this service shall be used only iur certain ceses and for no others." WHAT CHRIST WOULD DO. The Rev. Dr. Ashton of "Western New Tork continuing the debate, said: "The prayer book repeats and echoes the jrreat law of Christ upon the indissolubilitv of the marriage bond. The question before th's house is. What is becoming- and what is right in the case of a minister of this church who "It is always, it seems to me, expedient, and we are at all times at liberty to go to an extreme for the sake of expediency. The third ground for my change of attitude is that the situation is absolutely so scandalous that we must do something to influence public opinion." The committee of the whole then reported progress to the House of Deputies and an ad journment was taken until 3 p. m. Our Lord made one exception. He said- that except for one cause there should be no di vorce, but I take the ground that if our L,ard were here to-day he would take a higher ground and one for which the unity of mar riage and for which the people would stand here to-day." .... I>R. FOLET DECLARES HIMSELF. The Rev. Dr. Foley of Central Pennsylvania, the last speaker before adjournment, said: "Mr. Chairman, I have taken the floor to declare myself upon this question a convert since I came to San Francisco. When I came here I was asking mj-self and others. the ques tion whether we should take an extreme posi tion upon this subject. One of the reasons for my conversion Is that in conversation with dis tinguished laymen of this convention I have come to the conclusion that the great majority of the laymen propose to vote in favor of this fourth section as sent down to us by the House of Bishops, and 1 cannot think that there will be any greater misfortune than for the lay men of this convention to propose a remedy for this social evil than for the clergy and this convention not to give their assent to this canon. « - . . \u25a0 may be called upon to solemnize by divine cere mony this most sacred and divine act of matri mony? I shall offer a resolution that before we go into the vote upon this" particular section that we respectfully request the president of the House of Deputies to stand upon the pulpit and offer a special prayer for divine guidance, that when we come io cast our vote here it may be for the glory of God and for the good of man. Contiaued From Pag« Two. . "This is hot a liturgical refinement, and I can justify it by an appeal to history. The last speaker, or the last but one, called our attention to the fact that in the days when our Lord .was on the earth there were no courts of divorce. Well, then was Christ de fying the state? No; he was saying something that the man who married the woman needed to keep In mind, and which he alone was con cerned to keep in mind. To him, he says, therefore. 'What God hath Joined together let no man," (let not you) 'put asunder." There can be no other exegesis; it. is pure fact. "I should like to use the few minutes remain ing to me, if few minutes there be remain ing, in disputing this assumption of the posi tion of the Christian state as if It were some thing alien from the church of God. No man who takes that view of the matter has studied his Bible or his prayer book, and especially I say his prayer book, for in that book the Institution of human society and of civil gov ernment Is recognized Just as distinctly. Just as clearly, I am. almost prepared to say more distinctly and more clearly than the institu- "We .-have had that referred to here as if this were the church' shaking Its fist In the face of the civil . power and defying it to do Its worst. Who has not listened in the congregation when holy, matrimony was being solemnized and heard those words read in precisely that spirit? I can show in a word or two that that is an utter misconception of their purpose. They are not addressed to the public at large; they are not addressed to the congregations there present; still less are they addressed to God's institute, the state. They are addressed to the parties concerned. - • - "Some years ago I received a. letter from an eminent Presbyterian divine of liturgical ten dencies who thought that he could improve on the office of holy matrimony' in the prayer book, and, knowing that I had taken an inter est '.n such subjects, and being a ' personal friend, he sent me a draft of his proposed ser vice for. matrimony and wanted to know what I thought of it; and one of the improvements which he considered especially valuable" was that he had transferred these words 'Those whom God hath joined together let no man put asunder,' from the place which they ordinarily occupy in the office of the prayer book . to the place between the announcement to the congregation and the blessing.' That is where it belongs, he said. Not at all; not at all. .It is spoken- to. the parties, as you will ses^by examining .the rubric, 'And-'after that has .been said then shall: the ; minister speak unto the company." - . • \u25a0 \u25a0 "Now, sir. for the prayer book fallacies. They are \u25a0 two. • I may not have time to bring them, out clearly, but I will do my best. The first is with reference to that sentence in the office of matrimony, 'Those whom God hath Joined together; let no man put asunder.' - "For the legal .'aspect of this question I am well content to rest with what has already been Eaid by. those -more competent to speak than I.. I am glad to have heard the words of an ex- Attorney General of the United States; I am glad to have heard the words of a Judge of the Court o£. Appeals of the great State of New York. It is not for me to attempt com-, mentary upon what they have to tell us. They have sided with- the- innocent party. I do not yield for one moment to my eloquent and dear friend, the rector of St. Bartholomew's, New York, in zeal for. the' purity of the family and the sanctity of the home. But. sir. I put as high as any of these considerations justice to the innocent. , , ... •. ."First, with -regard to the .innocent party. I once heard an eminent divine of this church, who has been active in this discussion, and who. but' for my knowledge of his tender heart, I should have, charged with cruelty for say- Ing it, speak of the 'so-called Innocent party" in this discussion. It reminded me. I confess, of the famous expression used by a preacher In his diatribe against modern science, when he spoke of this- 'so-called nineteenth century.' (Laughter.) . - . "There ' are : innocent persons, sir, in every criminal case ,-involvIng other interests than those of. the one, and I marvel that in thin debate, where the lights of the law have given "us of their wisdom, that it has not occurred to any one ; of them to quote the maxim. 'It is better that . ten \ gullty.jmen should escape" thai, that one innocent man should suffer." "In our "zeal for sanctity . let us not forget sanity. I desire to do these things: First, to say a word for the 'innocent parties'; secondly, to call attention to divers prayer book falla cies that have been heard in this debate. - • - . : asked and obtained permission to withdraw his assent to the amendment that was proposed tb his- motion, addressed the house as follows: "We should say to the person guilty of adul tery: 'We will punish you, and. to the person who Is Innocent, the church has no censure to place upon you.' We will reward such con duct when a faithful son or daughter of the church comes for its sanction, to tell them that the blessing- of God rests upon them. Such it seems to me is the law of God and the law of man.'.'...'.- „. . -"J., .*;....-. •.«:•»>-" •-""•&••* '• - DEFINES THE SCTEHPTXJRES: Rev. Dr. Benton of ..Kentucky followed and argued on the indlssolubllity of marriage. '_ He quoted sections of the Bible to strengthen his argument. In part he said: • \u25a0 i "\u25a0 • . "We have been told that this proposed ac tion sent down from the -House of Bishops is revolutionary. That it Is contrary to the uni form practice of 100 years. "If we take pity" upon the wife who is the wife of a drunkard who turns his home into a hell, shall we not have pity upon the wife whose husband has been unfaithful to his mar riage vows? If pity Is to rule must we not marry people who are divorced for any cause? "I submit, sir, -that the scriptures remain and they, in their fullness, declare the indtssol ubillty of marriage and that no one can re marry. And now we come to our own legis lation. AVe take up our Book of Common Prayer, and does it not declare the doctrine of the church ? Doeg that not declare that after the marriage vows are taken, that that engage ment is for life?" DR. HXTNTINGTON'S ARGUMENT. Rev. Dr. Huntington of New York, having "In this discussion there are two great prin ciples that underlie everything . that has be.en said or perhaps- can be said on this subject. There Is underneath everything the paramount question, "What can we do when we look abroad and see the dissolution that comes to our homes — what can we do for our homes?' "It is not the question or criticism on what we are to decide this matter. It is the ques tion • of the great principle that' our Savior, Christ, put into the world when he . spoke to the people of Judea. I ask what is the inter pretation that Christians have placed upon. his words? They have said in defense of the sanc tity of the home that no divorce shall be allow ed the man at his own whim and pleasure, but should only be allowed by a decree of the court. - '" ' \u25a0 posed the' proposed canon, directing his bat teries principally against the fourth section, r "The question before us,".; he said, "Is not whether the . laws of the State • are right . or wrong, but the precise - question , we have to consider and ' decide is what ; is : the best course for the' church . to pursue with reference to persons after they* have been -divorced? Ms :it' better, for the" church to proscribe and prose cute and drive away such persons, or lsilt bet ter for- the church to extend to them- the hand of friendship, to" treat them with consideration and kindness and try to make better-men and women of them? I am aware that there - are great abuses under the existing divorce laws of. the country, but those abuses are arguments to be addressed to . the ' law-making power I of the country. They, have nothing .-to do with the question before this convention. ! "I have had considerable to do with the ad ministration of the law for more than fifty years as. Judge and practitioner, and the result of my experience 1b that In a great majority of cases applications for -divorce are made by women who seek to be released from worthless, drunken and criminal husbands, who have been left abandoned, ' sometimes with children on their hands, and generally in "poverty. I ask any man In this convention if he, can give any good, sound, practical reason- why a woman . who is divorced under such circum stances if she finds a man who is willing : to marry her, who will '• make her a good husband and her children a good father and will.pro vide support and' comfort for her and them, why she should not have a right to marry that man and why an Episcopal clergyman should not have the right to perform the ceremony.' This legislation \u25a0 on our part will. have no more effect in deterring people from getting divorce than the Pope"s bull had against the comet. When people seek \u25a0 divorce they -do not stop to consider whether they will be recognized by the Episcopal church. They know very well that if the Episcopal church will not recog nize them all the other churches of the coun try, will. Therefore it is trying to do some thing that is , impracticable. It Is 'straining at a gnat and swallowing a camel.' " - ..- DISCUSSES PARAMOUNT POINTS. Rev. Dr. Bassett of Rhode Island followed and said in part: Deputy 'George H. Williams of Oregon op- OPPOSES PROPOSED CANON. "There is one point involved, and that is whether the principle of this church shall be the iodissolubllity of the marriage relation. "We come here not to legislate; that is for the State — for the civil government. We come here to say what shall be the policy of the church. "We come here to learn whether the policy of the church Is to preserve the purity of woman. It is for us to say whether the white banner of the church shall be unfurled in the cause of purity or whether it shall be-- denied with the sophistries of the age." "For me it . Is sufficient that the unbroken practice of this church from the commence ment has permitted remarriage to the innocent party to a divorce on the ground of adultery, and that by the common consent of all civ ilized legislatures and rulers it has been al lowed. It comes, in my judgment, to the question of the • expediency of this proposed legislation. In my judgment the statistics of divorce -which have been quoted here are not pertinent to the discussion until it has been shown that a large number of the divorces granted in this country have been granted on the ground of adultery. I believe that nine tenths of the divorces in the United States pro ceed upon grounds not scriptural other than adultery. This is a question of expediency. I admit that great principle of law which su bordinates the interests of the few and permits restraint to some extent upon personal liberty in the interest of matrimony. This is the first attempted legislation which I have ever known which undertakes to subordinate the rights and interests of the many for the reason that they may be opposed by the few. Are we to permit that legislation which denies to the innocent party entitled to a divorce on the ground of adultery? Are we to deny to this large class of people who admit a scriptural right to remarry simply to prevent abuses which now and then take place by the perversion of the judgments of the courts? In my judgment we are not so justified and no question of expediency can authorize j an ecclesiastical council to interpose an obstacle to the ad ministration of matrimony by the ministers of our church upon such grounds." Rev. Dr. Thomas of South Carolina followed and told the convention that he was the proud descendant of the first missionary sent out to 'convert the Indians in his State. In part he said: "This is the question of all questions in the world. I am told that there are numbers of gentlemen who know all about this question. This one thing is certain. That of all the mat ters that can. come up before the convention this is one that touches the human heart. Here comes pathos, here comes misery, here comes pity, here comes compassion." Deputy Charles Andrews of "Western . New York next claimed the attention of the house. He said: "Now, there are two sorts of conscience in the world as I understand it— both very valu able, both very different. One is the conscience refined and scrupulous and devout. The con science that ultimately leavens the world and sets the standard of morals. Will that con science agree with you, will it support you. if jeu are rigorous? I tell you nay. All men know the life of the soul. Knowing this, . as men and women grow older they grow more rigorous toward self and more infinitely com passionate toward others. "You cannot convince the public of America that there are not certain people . who should not marry after divorce. You may yourselves believe this— that is your privilege, but the great body of America will never believe that by the law of Christ they cannot remarry after • divorce. That being the case, is your legislation expedient? It will be expedient if you can command the Christian conscience of those In America — not public opinion, I care little about that, but Christian conscience — and I tell you nay. . . took the gavel and announced that the ques tion before the house was the consideration of section 4 of the message of the House of Bishops. . . DR. PARKS OPENS DISCUSSION. Rev. Dr. Parks of New York was the first speaker to be recognized. In part he said: "I think it extremely important that the con vention should know what they are doing. They agree with me. They are in danger of being befogged by certain statements being made on this platform. "What we are engaged In is an endeavor to raise the standard of mo rality by setting up a better standard of mar riage. DEPUTIES TALK. ELOQUENTLY, 1A HE Junior department la eon- junction with the babies' branch of the "Woman's Auxil iary held an informal confer ence yesterday morning at headquarters, 1G09 Sutter street. The conference was conduct ed by Mrs. Burleson of North Dakota, At noonday special prayers were read find an address followed by the Rev. Dr. Powers, who spoke interestingly on the chui^rh and missionary work in Cuba. The afternoon ceremonies consisted of conferences and addresses. Bishop Mc- Xim spoke to the ladies on the missionary work la Japan. He said in part: Three years have passed since the last con vention work and this represents a new era in Japan. Since then Japan has been admit- Rev. Dr. Nevln of Rome said he sympathized with what he . understood to be the object of the proposed legislation, which was to pro tect the purity of the family and the sanctity of marriage. Continuing, he said: "But I have failed to see from anything that has been said that- that end will be reached by this proposed canon. I am very much afraid that it will work in the opposite direction. This patchwork has come down to us, apparently . • the result of a scare on account of notorious facts in conspicuous society. This proposed canon seems to be very bad medicine for the body social. "I base this conclusion upon the result of my observations for thirty-five years in Italy. where divorce is forbidden. The family life in Italy by this prohibition of divorce has been nothing bettered;,* but has grown steadily worse. Adultery is a greater sin than di vorce; a greater evil in the social body than divorce, as the hidden cancer is a greater evil than the open cancer. Adultery is practically legitimated in Italy. The woman freed from the fear of divorce -for adultery comes to look upon it not as a sin \u25a0 to be punished by the law, but as a venial offense; and it is looked upon by the ordinary confessor as such and practically treated as such. "The frailty of human flesh! Whatever the evils of divorce may be here, I do not have the least hesitation in saying that the' family life In the United States of America is In finitely higher and infinitely purer than it is in those countries in Europe where divorce lor adultery has been forbidden. I deprecate this proposal, or the proposal of any legisla tion that can have the effect of lowerimr our standard on this side, and I ask the members cf this house to make very sure before vot-, ing en this canon of shreds and patches that has corr.e down to us from the other house as to -whether it will do the least thing in re straining or In regulating divorce: and second ly whether it may not be found instead to work simply as a canon for the promotion of adultery." REV. DR. NEVIN OF ROME. tion of the Christian church. Read the prayer for the church militant; nay, read all the prayers that bear upon the subject and bear me witness that it is the testimony of the Church of England that the stafe is sacred, even as the church." WITHDRAWS HIS AMENDMENT. Delegate Battles of .North Carolina withdrew his amendment, saying that one objection to the canon as it existed heretofore was in the proof that the minister should .require when he is asked to remarry a person who has been married before. When it had been put upon record according to the laws of the United States, the. record of each State was conclusive evidence in every other State. The only ques tion In I such case would be were the parties before the court by' proper proceeding to get them in court. Hence he thought that diffi culty had been done away with by the amend ment, although perhaps net as clearly as.' it would have been by the adoption of his sub stitute. . ; ' - Rev. Dr. Davenport followed and discussed the proposed canon under "consideration. The East holds a certain 'feeling of conde scension for the West, on the supposition, ' I understand,- that all Intellectual life "proceeds from the East. In one sense I believe still that the wise men coma from the East. ! You have "We have with us to-day the man of all men I want to address you. I am going to intro duce to you a man that stands as a leader In the church he represents. -He stands for every thing that is noble in American life. He is a friend of the student and a believer in aca demic standards. He is here to-day and I am glad of it. Bishop Potter then addressed. the gath ering. In part Ijp said: i When President "Wheeler and Bishop Potter the platform they were lustily cheered by the college rooters. Bishop Potter gave a start and a smile of amused interest crept over his faes when the prolonged cry .which ends the Cali fornia "Oskie -wow" yell was given with sudden vehemence. President Wheeler presided at the meeting and, introducing the speaker, said: Harmon gymnasium. His ad dress was principally confined to an ex pression of his views' on suffrage as ex ercised by the various classes of people, the danger to the republic through a cor ruptible ballot and California's obliga tions to the Far East. Every seat in the gymnasium was occupied and standing space wascrowded. The students, almost to a man, were present with hundreds of people from this and other cities. ROOTERS CHEER, THE BISHOP. _£j_,v ERKELET, Oct. 11.— Bishop |" Henry CV Potter, the distin | mjjf guished Episcopalian prelate m °f New York, spoke to the & JJP students of the University of UnTin irf~ California •' this " morning in ted to the comity of nations and administers its own laws to Europeans and Americans. Under the new treaties Americans and Eu ropeans are npw under Japanese jurisdiction. Before Europeans and Americans would sub scribe to this treaty new codes of laws had to be adopted by Japan. It is now in Japan as difficult to obtain a divorce as in many of our "Western States. This Is an Important fact in missionary work. Social conditions in Japan are such that a minister does not enjoy that free access to the people we have at home. Then the Bishop discussed the self-sac rificing work of the missionary "women in Japan. He told how at first their, hard ships were very severe, but conditions improved and they are now fairly com fortable. Tea was served from 4 o'clock until 6, at which hour the conference on the work of colored people adjourned. j "It seems to me that those who have argued in favor of this canon has proceeded upon the assumption that is not quite fair. They have assumed that they are the only ones who care for the Integrity of the family, the pur ity cf the home and social righteousness. There are those in this house who resent the idea. There is not a clergyman or layman in the house who does not agree In these things and who would not lend his interest and power to further such ends." Deputy Lewis made a motion that the com mittee of the whole rise and ask leave tft sit again. The reason hs made the motion was that certain persons desired to speak and as he was entitled to close the debate it was too close to adjournment to continue. His motion was adopted. • President Lindsay called the House of Depu ties to order and Chairman Packard of the committee of the whole formally reported that the committee had : the subject of mar riage and divorce under consideration and asked leave to sit again. Permission was granted. Upon motion of Deputy Lewis the committee of the whole will sit again on Monday at 10:30. An adjournment was then taken. Rev. Dr. Fulton of Pennsylvania followed and said: "I believe the marriage of the innocent party to a divorce for infidelity is as lawful in the sight of God and honorable in the sight of man as any other marriage. Holding that opinion, and holding it very strongly. I should prefer myself that the canon had been in a different form. I should have preferred that it was a declaratory canon. There Is no uniform doctrine or discipline la the Catholic church. I hold that the solemnization of mar riage is not essential. It is a privilege that you claim, but it is not a. right. I hold that the church may withhold it if it thinks there by it will accomplish a great deal of gd#d The church is justified in admonishing her ministers not to celebrate marriages in the case of divorced persons. One of my own special desires is to relieve the clergy of being judges in cases of this kind. How can a clergyman know It a church in Utah is a court of competent jurisdiction?" Rev. Dr. Huntington interrupted at this mo ment to say that if a clergyman was Incom petent to answer such a question he was In-, competent to be ordained. Dr. Fulton continued and said that when thl3 burden was laid upon the clergy it was something that they could not bear. He sin cerely hoped that the canon under discussion would not be adopted. Rev. Dr. Alsop next took the platform and said in part: EDUCATE MEN" TO VOTE. I should like to leave with you to-day one or two suggestions of a practical character which I hope will be incorporated In this uni versity. The foundation of a republic is the purity and Intelligence of the ballot. The great danger that threatens our country Is the cor ruptibility of the ballot and the fact that th« voter is purchasable. I believe that the first thing to do to change this state of affairs is to establish in \u25a0 every center of learning a course of direct training for the exercise of the right of suffrage. It should be so that when a young man has reached the age of 21 he might wear some external badge that should proclaim to the world that that man had been tested as to the rights of citizenship and had proven himself capable of holding such a trust. No man will undertake to forecast the futur* of this great State and this great center of learning. The people are nocking to your shores from the Far East, of which the Golden Gate is the threshold. May God give you wis dom.- courage and spirit, of brotherhood in which to deal with them. "When I was here two years ago my friend and present host,* Mr. Crocker, said, in an after dinner speech, that San Francisco was the front door of the American continent and New York the back door. Men comfort themselves with that thought who don't live in the East. And it is true, it is certaintly true. Students are knocking at your door from the Philippines, China, Japan and all the Far East. But from our Western land is to stream the great civil ization and commerce which is to join the old and the new. A university's great calling la to bind together the civilization of the past with the present. It will be in the high sense of our stewardship in these regards that we shall distinguish ourselves as scholars and translate to other nations the meaning of this great republic. one of them here on the platform. (Introducing President "Wheeler.) ' In transplanting him to this soil you have given him a larger acreage and a far greater opportunity. DUTY TO OTHER LANDS. Missionary Workin Japan Interestingly Explained by Bishop MeKim of Tokio. WOMAN'S AUXILIARY HOLDS A CONFERENCE Bishop Potter Declares for Better Use of Ballot by Citizens of the '- Republic \u25a0 . SPEAKS ON CIVIC DUTY AND NEED FOR TRAINING " No person divorced for causes arising after : marriage •i/and marrying again during the lifetime of the other party to the divorce, nor any. person marrying a person so divorced,' shall he admitted to baptism or confirmation or permitted [..to receive -the ;holy communion until tlic~ wriiicn approval of the Bishop shall be given. " f .,,' . - ' - *- i' A "Provided, that this prohibition shall not apply to the Case of the innocent party to a divorce for the cause of adultery; and provided, also ', 'that the sacrament shall in no case be refused to a penitent person in imminent danger of death." ..." . v ;/ • The canon 'o'n'discipline is as follows: 1 ,f ORNING and afternoon sessions, were taken up. yesterday by.., the House of Bishops in 1 VI discussing the important subject of disciplining the members of the Episcopal faith who; having, been divorced, again marry. • The House of. Bisltops passed a canon this week in wJpch the solemnization of marriage was defined and positively- -forbidding the remarriage of divorced persons. This canon on mar riage and divorce is now under debate by the House of Deputies, sitting as a committee of the whole. ; .: ' 7 \u25a0 j-r.,; " .\u25a0•_•:.'.£"*' The House of Bishops adopted a canon yesterday on discipline for divorced persons who re marry, which the House of Deputies will be called upon to concur in. , CANON OF BISHOPS TO DISCIPLINE DIVORCED PERSONS WHO REMARRY BISHOP POTTER TALKS ON CITIZENSHIP TO BERKELEY RESIDENTS THE SAN FRANCISCO CALL, SATURDAY, OCTOBER 12, 1901. Continued from Page One. Cameras! Cameras! Cameras! Wh«±n !ool3ng for a camera try us. We have xhft latest Premo, Poco and Eastman cameras. Our supplies are always fresh and we are continually adding novelties, fianbem. Vail & Co.. 741 Market street • Dennis Donohoe of the firm of Cormac I Donohoe & Baum, attorneys, 119 Bush '\u25a0\u25a0 street, was booked at the City Prison yes- I tfcrday on a charge of battery. He was I at once released on ball. The complaining { v^tness is II. J. Irwin. a rent collector, Jjwjr.io allies that when he called at the j£^irrn's offlce to collect the rent Donohoe - shoved him and struck him on the back I * of th*> head with hfs fist. Struck the Bent Collector. Head Consul Belayed. The visit of Head Consul W. A. North cutt of the Modern 'Woodmen of the "World, which was to have been made to Goodfellowship Lodge last night, was postponed until next Monday on account of the failure of that officer and other head officers to reach this city. MATJD MILLER ESSAYS PLAY BY HER FATHER ''Heart of Sierras," Written by Joa quin Miller, to Have Its First Presentation. Maud Miller, daughter of Joaquln Mil ler, the "Poet of the Sierras," will ap pear as a star for the first time in San Francisco at Sherman & Clay's Hall this evening. Miss Miller will be assisted by six players, including E. J. Holden in the character of "49." Bernhard "Walther, the Belgian violinist, will render a number of solos between acts. The performance is under the auspices and for the benefit of the United Moderns. Miss Miller leaves on Monday for a long tour through the south. The play, "The Heart of the Sierras," is a new adaptation of "49." One char acter has been bodily cut from the manu script. This character was not originally created by the poet author, but was in serted by an actor to whom Mr. Miller leased the play. The story is told in the entirety of its poetry and humor and Is called "The Heart of the Sierras." The play is the personal property of Maud Miller, and is a gift to her from her father. 3 NEW ADVERTISEMENTS. 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