The San Francisco call. [volume], April 03, 1903, Image 14

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

Image provided by: University of California, Riverside; Riverside, CA

                
CHAIRMAN ARRANGEMENTS
COMMITTEE FOR LEAGUE
OF CROSS ENTERTAINMENT.
The annual meeting of the California
Real Kstate Board will be held in this
city April 13, President CM. Woostcr
will 'make, his 'annual roport and returns
will; be made, from all sections repre
sented by. the membership of the board
concerning. the progress of the past year,
which has been very satisfactory. Of
ficers" will be elected for the year.
California Real Estate Board.
Franklin and Curtin Charged.
Clarence Franklin, alias Fallon. and An
hony. alias "Babe" Curtln, was booked at
he City Prison yesterday on charges of
jurglary and assault to murder. They
iroko into the saloon of W. J. Schroeder,
C5 Mission street, early last Saturday
norning and when discovered by Special
}llicer R. D. Mcloney fired a shot at him.
Take no other, have no other, .use no other
whisky than "Jesse Moore." It's better" than
tiny other, and you can have It for the asking,
but »et It. * •
Would Not Prosecute a Soldier.
When Patrick Keleher, a soldier, who
gave the name of James Roach when ar
rested Monday morning on a charge of
bUrglarj*. appeared before I*olice Judge
Cabaniss yesterday Mrs. D. Tarpey, who
ives at 2820' Greenwich street, whose
iou?e he entered. Raid that sh« had done
work for soldiers for years and would not
estlfy against one. The clothes Kele^cr
stole wera not worth $1 and he could have
:aken valuable clothes If he had felt in
;llned. Keleher admitted that he was so
Jrunk that lie did not remember anything
ibout it.-. He had served nine years In
he army and had an honorable record.
I*he Judge dismissed the case after lec
.urins him.
Secretary "White of the Society for the
Prevention of Cruelty to Children found
Mrs. Daniel McKenzic and her two little
girls living in unsanitary and incommo
dious quarters at 1138 Howard street! yes
terday. Th« children were placed in the
Girls' Directory. An attempt to get the
mother to go to the hospital In order to
be treated for a cutaneous disease with
which she was afflicted met with strenu
ous opposition and finally had to be aban
doned.
Are Taken to Better Home.
Another, addition to S. Strozynski Co.
Handsome private parlors for gentle
men's wigs, toupees, shaving, manicur
ing and scalp treatment has been Just
opened by us for your comfort and pri
vacy at 36 Geary street, room 6, in front
of elevator over our store. •
Four of the twenty new coaches or
dered by the United Railroads for its new
electric service to San Mateo arrived here
yesterday and the others are expected in
a few weeks. The coaches are the largest
that have been operated on any of the
local electric lines. They are forty-five
feet long and are equipped with flftj:
horsepower motors and the latest air
brakes. Pending a settlement of the la
bor troubles which have delayed the com
pletion of the company's new power
house the officials of the road are pre
paring a time schedule over the new route
that will insure rapid transit to the San
Mateo terminal.
Big Coaches Arrive.
Death of Inspector Banks.
'j^crpr<> Binks. an inspector of customs,
C4 yewrs old. died y<r?t»rday afUr an ili
tk-ss of ubout five months. He had been
at one ti:n<* Superintendent of Schools in
Yr>lo County and was a veteran of the
«*ivil "War and member cf the Grand
Army of thi-- Republic.
A meeting of the special committee ap
pointed by the Botrrd of Supervisors to
consider the work of the Health Board In
cleaning Chinatown was held yesterday.'
There were present Mayor Schmitz, Su
pervisors Brandenstein and Gardner,
Health Officer* O'Brien, Dr. Matthew
Gardner of the State Board of Health and
Dr. A. H. Glennan of the United State3
Marine Hospital service. Drs. Glennan
and Gardner stated that the work of mak
ing Chinatown sanitary was being prose
cuted to their entire satisfaction. The
committee agreed that the cleaning of the
district should be carried on and Health
Officer O'Brien stated that the Health
Board intended to do the work, notwith
standing the issuance of court injunctions.
Special Committee Expresses Satis
faction at Way in Which Work
Is Being Done.
CLEANING OF CHINATOWN
WTLL BE PROSECUTED
Captain Richmond- Pearson Hobson will
lecture at the Tounf Men's Cbrif-tian
Asso'aatiori Hall, Monday evenin-j, April
«. . Admission j0 cents. • •
Captain Hobson to I«ecture.
In cross-exarai nation he said he had "a
revolver in his pocket when he met Chlp
m'an, but he did not kn'»w who fired the
j"fiot, as he was too exited. The Judge
helri him to an«vKT before the Superior
<"nurt on a rha.rj?e of murder and fixed
his bonds at Jl 0.000. ;
The ' rr^rnbe rs oi the company of the
r"ir?f VaJifornia Regiment thai went to
¦jhe Philippines in which Grundman was
•ergcant are arranging an entertainment
for the purpoet; of raiding funds for his
defense. •".' . ¦ > - .'
•'Onipman refused,"* said Grundman. "and
J told him iha<L 1 could hot . leave as" it
would rirwsV un my home and I" did not
vsdi to do ih«t for the sake of "my chn
tiTwn. I told him it vrould . ?>e ' an eaf=r
'h1ng fo»- him to gr^t n situation poroe
crhexc >1«*. but he refused, and I
lrft him with the remark that. he must
lejtve fbf city. After I bad walk«T away
h frw steps 1 remembered •what|my* wife
tcl'i.rcr Ch'pman ha4 \o h " <»v«*r
th" telephone. I -went -back ; au<i * asfced
hi=a if lie bud said to ray Trif e ;that she
was «o m*=<t Mni Sti Russian alley,, and he
s^aid' he had. and cafl.ed her a. vile name.
¦\Vo svT^r.s at ea-'-h other and during the
G^ufflr I heard a shot." •••
Frajik J. Grundman. .charged -with
shooting- and killing Sheridan Chipman in
the offices Of the Southern Fariflc Com
pany at Fourth and Tuwnsend streets- on
March 24. told his stpry of what led. to
the shooting in Police Judge Mogan's
•¦curt yesterday.- He said he called upon
I'hipman to «sV him to leave the city, as
be had rutecl fcis wifp.
The board of inquiry, which will act
in \he capacity of a grand jury to decide
whether or not Bishop Moreland has com
mitted acts which require a trial before
the House of Bishops, is liable to m>m
plete collapse on account of the fa^ufe of
a .sufficient number of its members to be
present at the time it is called to meet.
The total is sixteen, two clergymen and
two laymen from each of the four dio
ceses of California, Los Angeles. Oregon
and Colorado. The persons appointed are
Rev. F, W. Clam pet t, D. D. f Rev. Arch
deacon Kmery. W. A. M. Van Bokkelen or
California; the Very Rev. H. Martyn
Hart. Rev. P. H. Hickman. Messrs. A.
W. Fellows and' A. D. Parker. Colorado;
Rev.. A. G. Trew, D. D., Rev. B. W. R.
Taylor. Messrs, Daniel Cleveland and
Henry T. Lee. Los Angeles, and Rev. W.
S. Shoit. Rev. B. T. Simpson, Messrs.
J. M. McCormick and P. B. Clay
ton of Oregon. A majority constitutes a
quorum. Of the Californian delegates
all will be present, but only two are ex
pected from Oregon and "Colorado and
none whatever from Los Angeles. Even
this number niay.be reduced, and there
fore unless circumstances change the in
quiry cannot take place. What subse
quent proceedings the reverend plaintiff
in the case will undertake can only be
conjectured. It is thought that a new
Inquiry will be Insisted on, but even this
right to again file charges against the
Bishop is not conceded.
The discovery of the defects in tho
canon astounds churchmen and the ef
fect of the momentous blunders In Its
provisions as exposed in the Moreland
case is likely to be distracting to all
learned canonists.
The probable failure to secure a quorum
Is ascribed to the dlsHance many of tho
members will have to travel in order to
be present. Of the Los Angeles delega
tion the Rev. Dr. Trew is too ill to make
the Journey and the Rev. Dr. Tayler is no
longer a member of the diocese.
The coming meeting of the board of in
quiry which has been appointed to con
vene in this city on the 22d inst. to con
sider the charges of the Rev. "William
Bollard against the Right Rev. William
Hall Moreland, missionary Bishop of Sac
ramento, is exciting wide comment
throughout the whole American church.
The canon which prescribes tho methods
to be pursued in trials of Hishops was
adopted more than nfty years ago and
.was drawn by Murray M. > Hoffman, who
was at the time Chief Justice of the
highest court in the State of New Yr.rk
ii,nd ranked among the great jurists of
tne country. The canon was accepted by
the General Convention of the church
without auestion as to its adequacy /and
became the supreme law of the church.
The opportunity for testing tho canon
did not present itself until last year, when
Bishop Talbot of Central Pennsylvania
waf subjected to inquiry under its pro
visions. It was found to work all right.
It remained for the Bishop Moreiand case
{o expose jst glaring defect in th« canon
which is expected to render all that has
been accomplished in the proceedings of
no effect whatever. It appears that the
Hoffman canon falls to provide for a pos
sible lack of a quorum and, furthermore,
.neglects to prescribe for adjournment in
yases where a quorum is not present when
a trial is appointed.
\ No canonist "agrees upon the procqd'ire
in such an emergency. The Bishop can
not construe canons and will not adv<se.
The only authority is the General Con
vention, which alone can prescribe' the
meaning and intent of the law. No amend
ment can .become a law until 1907. and
until that time all inquiries must be con
djieled under the provisions of the Hoff
man canon.
Testifies in^Court as to
Why He Shot-
Chipman. ?
Bishop Moreland May
Not Come Before
Inquiry Board.
Among those who are to appear in the
dramatic part of the programme are the
comedians Nat Wentworth and Gus Mul
doon. who have decided to give their com
ical skit. "The New Judge." An order
has been issued calling upon tho cadets
to appear in their 'uniforms on the night
of the entertainment and it is -not im
probable that a drill will be one of the
features. . •
The committee having the, arrangements
in charge consists of Sergeant P. A.
Koch, Sergeant Joseph J. Burns, Sergeant
T. J. Crow, Private ti. Elliott and Pri
vate T. Meagher.
mas disbarment, tho Commissioner in
corporating in his petition the charges he
made in his suit in equity. -
enteenth street, above Valencia.
The cadets are determined to eclipse even
many of their former successful socials,
the entertainment to consist of a comedy
performance, music and a' dance. The
proceeds are to be devoted to the armory
and uniform fund of the company.
In forming the programme no one of
tho committee has been more Industrious
or worked with greater enthusiasm than
Sergeant Joseph J. Burns, chairman of
the committee of arrangements.
It is the intention of the committee to
decorate the hall in which the entertain
ment is to be given with handsome dra
peries and a profusion of flags of the na
tion.
CQMPANT B, League of the Cross,
is preparing to give an entertain
ment Wednesday evening, April
22, at Mission. Parlor Hall, Sev-
GRUNDMAN TELLS
OF RUINED HOME
LACK OF QUORUM
TO TRY PRELATES
Arranging an Entertainment
for the Uniform and
Armory Fund.
BUSINESS NOT INJURED.
The evidence, shows that the ilefcmlants
neither blockaded th? premises of the plaintiffs
nor injured their business; they committed no
trespass against plaintiffs.
It may not be considered out of place here
or inconsistent with this opinion to remark that
this municipality ought to have the courage of
its convictions, like other municipalities In
this and other countries, and instea/1 of unsuo
ces«fully attempting to prohibit the "social
evil," successfully regulate it. for nay mar.
or set of men. citizen or community, philosophy
or creed to attempt to stamp out entirely the
"social evil" is but nn Rttc-.nur to rerpetuate
a failure recorded in the written history of aJl
ages and told In the legends which came out
cf the mists before.
We shall have the "fallen woman" with us
always, a» we'haveTiad her always, even as
we have the man who helped her fall.
It would be moral to regulate this woman:
it would be charitable to protect her. To do so
would be to enhance and protect ths virtue of
this communltj". The attempt, however, to ac
complish this or any other of the ends sought
for by these two actions has absolutely failed
for want of support by either law or fact.
¦ "The applications for injunctions pendente lite
are denied.
The preliminary restraining orders are dis
solved.
The actions are dismissed.
Certainly a place where any citizen may en
ter a police officer may also enter. Theae
premises are not like one's private house,
where the doors are .generally locked: it is not
one's "castle," but being a place where all
may go, and where many must go In order
that the business thereof may flourish, it is,
in the language of the law, an "open and ex
posed place." and, being auch a place, the po
lice- may lawfully enter, even if by so doing
they procure evidence of misdemeanors com
mitted in their presence, and thereupon arrest
the perpetrators; a private citizen may do this.
Section 837, Penal Code:.
"A private person may arrest another.
"Sub. 1. For a public offense committed or
attempted in his presence."
• OPEN TO THE PXTBLIC. *
Upon thia issue the evidence shows that the
entrance to No. 75U Pacific street is doorless
and gateless and fourteen feet wide, through
which the public generally may enter and pass
out.
In his opinion, which is a short one,
Hebbard takes no pains to hide the fact
that he is not in sympathy with the meth
ods used to "remedy the social evil." He
advises the municipality to have "the
courage of its convictions like other mun
icipalities in this and other countries,"
and instead of unsuccessfully attempting
to "prohibit" the social evil, to success
fully ."regulate" it.
Judge Hebbard's opinion in part la as
follows:
The questions of law which plaintiffs evi
dently seek to have determined and which seem
generally supposed to be involved in these
cases are not so involved, and therefore can
not be determined. Instead of beiue cases
wherein issues exist, such an the authority of
the police to arrest with or without warrant;
the authority to break through loekeil»*«r bar
ricaded door?; the prevention or the regulation
of prostitution; the right of the proprietors of
the "Hotel Nymphia" to do business or the
individual rights of "fallen womfn" — these are
Questions outside of the issues by the
pleadings, and to which no evidence may be
come material. Instead, the rases simply in
volve the one issue . of trespass.
The decision practically settles the fat^s
of the Nymphia, as it gives Chief Witt
man power to. enter, the resort and make
arrests of its occupants when he pleases.
DISLIKES METHODS.
"It therefore appears to the court that
while the complaints herein, upon their
faces, presented sufficient cause for the
issuance of the restraining orders, there
is not now before the court a single item
of evidence ( to sustain their allegations."
The above( is the opinion of Judge Heb
bard on the merits o* the cases of David
MorriBsey and John Donohoc, the latter
the lessee of the premises known as tho
Hotel Nymphia and the former propsie
tor of a cigar stand at 733 Pacific street,
wh!ch adjoins the entrance to the noto
rious resort. He rendered the opinion
yesterday' in granting the motion to dis
solve preliminary injunctions restraining
the Chief of Police from raiding the re
sort, issued on complaint of Morrisscy
and Donohoe.
The story of the commencement of the
disbarment proceedings against Delmas
by Hutton was told exclusively in Wed
nesday morning's Call. They are the out
come of a quarrel between Hutton and
his wife, which resulted in Mrs. Hutton
fleeing from this city after disposing of
her property and retaining Delmas as her
attorney in divorce proceedings. For his
services in connection with the disposal
of the property, which was sold for $35,
000, and in the divorce action, Delmas is
said by Hutton to have received $3500.
City and begged her to return to him.
City and beged her to return to him.
hut she refused and told him that she
desired to be free from him. The Police
Commissioner returned to thia city ?nd
took his troubles Into court by filing a
suit against Delmas and others, charging
them with conspiracy and fraud. He
claimed that the attorney and his alleged
co-conspirators knew that Mrs. Hutton
T.ae mentally weak by reason of Illness
and had imposed upon her. Delmas an
swered the suit by making a vigorous
denial of every charge of Hutton. recit
ing in the answer that Mrs. Hutton was
sane and fully capable of managing h*r
affairs without the aid of the Police Com
missioner. Hutton then filed an accusa
tion In the Supreme Court to secure Del-
"Why should I wait to be served with
a notice that Mr. Hutton has preferred
charges against me?" he said^last nl^ht.
"I committed no breach of professional
etiquette In filing my answer as I did.
I want a chance and an early chance t<»
prove these charges baseless and full of
maliciousness, as I certainly can do. If
Mr. Hutton is as anxious to have thes3
absurd charges heard as I am, there, wii!
be little trouble in having the question of
whether I am. deserving of disbarment de
termined."
"Now comes D. M. Delmas and ,deny
ing the said accusation says that the
same is in every respect false."
Such is the answer of Attorney D. M.
Delnias to the charge of violating his
oath as an attorney! made in disbarment
proceedings commenced against him in
the Suprenje Court by Police Commission
er Harry W. Hutton. The answer >\as
filed yesterday by Delmas, who. "lontrary
to the custom usually followed in such
proceedings, did not wait for the mem
bers of the Supreme Bench to cite him
tin appear, or otherwise jrive him notice
that Hutton whs aXter his legal scalp,
took the bull by the horns, entered his
plea of not guilty and denounced the ac
cusation as a tissue of falsehoods.
The accusation and the answer thereto
arc now in the hands of Chief Justice
Beatty. They have not yet been pre
sented to his associates. It is within the
power of the court to dismiss the pro
cc-rdings without a public hearing, 33 is
usually the case when the charges are
thought to be groundless. In the event
that the charges are believed possibly to
have some foundation, the accuser and
the accused are summoned to the court
and given an opportunity to tell their re
spective stories.
The battle between Delmas and Hutton
promises to be a merry and h bitter one.
What the issue will be no one can till;
Hutton, apparently without judicious
thought of the result, has been calling
the well-known attorney a conspirator
and accusing him of entering into a
scheme to keeu, his wife from him and
defraud her of her property. On the
other hand Delmas is equally as bitter 'n
his denunciation of the Police Commis
sioner and is eagerly seeking for an early
hearing of the charges prefcred against
him.
Declares City Should Pursue
Different Course in
Matter.
Says the Charges Against
Him Are False and
Baseless.
Answers Accusations of
Police Commissioner
Hutton.
Superior Judge Decides
That Police May Raid
the Resort.
DELMAS WANTS
EARLY HEARING
HEBBARD SEALS
NYMPHIA'S DOOM
LEAGUE CADETS
MAKING READY
FOR THE BENEFIT
.• - ¦
THE SAlf FBAKCISCO CALL, FRIDAY, APRIL 3, 1903.
14
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33 cakes Tar Soap.. . dj;1 r\r\
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BUCHASAH BROS., ~
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Opposite is pictured a grand BLUE •
SERGE SUIT, three-piece, edges W*''.$im
\ arc hand felled, the collar is hand '£:<• '<: J^
! felled, lapels are'hand padded, broad liSIll
Unside facings, all seams are taped. fiS3&§
1 Vest high- cut without collar. The "^£ii§S
| trcusers are lined throughout. You . ¥f^p
• v/ill note the shoulders of the coat in ' |J?K
: the picture opposite. They are those S|lp
; broad, concave shoulders with the !|^^
narrow, pretty, sweep of the collar S§1§
| and lapel. A very smartly tailored
I suit which is regularly $7.50. For
! chaps between the ages of 10 and 16
| years of age*. Will be Special Fri- ;|||ii
! day and Saturday it%^ fif=* j£&M£&
• fikl w n 3 i _^ps^K32s3sHEJsir5y
(and only on these %±\ li*^ ¦ ifi8HHW°"» iCHTi *«
t two days) at .... fDt/o 7 1/ vc — — *^
j * ;¦;;
! ¦ . "— " N ¦ :^ :
iTies, Hats, Gloves, Shirts
For Confirmation Wear
V^r^ It looks like a $6.00
"^ |v\S^t Sailor, and it's as good
; W«& as an^ 00 SaiIor m
J$§$%4 San Francisco. • Its
\J$g fetching in appearance;
il S*ttjjy made with tailor-like
J?NK^ precision. The BRAE)
n *»>^/ '1RT* AT1VFFNT fa nr^ttv
1 -^i^^^P^^^llw^^^ MENT represents the very
W^/^^/fi^^^ &j W^^^k newest and smartest ideas;
; wjM feiiilp made from the hi s hcst
S^GE, °fuU weight (not
IW^^^^^^^^^S shade of NUT BROWN,
i R0YAL BLUE and ' m
1 regulation NAVY BLUE.
fe^§^^^^^^S The blouse is cut full, and
the trousers arc fin^
K^^^^^^S throughout. Every scam
l^Sh® is reinforce(J ' ta P e(i
Wi^mM douMe stitched. Of course
: 40^^ **p^gf|| you know the fame of
ISlF (mr AIL^ R S. Every
MfiS W$$m well-dressed child on the
Miff Will Coast is wiring a SAIL-
1W lira °* **&} RAPHAEL'S.
s suit IS wort k every
. ?gjJM w^w^ $6.00. For chaps
jjj&^jj ! '5||||| from I 1 /- to 12 years of
l^Sl a^ € * rl^y Satur-
Have you seen' our
Sailor Suits for Girls?
. . V;.;;,;;- ';::-.;
The most artistic conceptions ever seen here*
It's a new department that we've added.
)^M^^^^[^^^^ 1. 8SSS!5;.;- ; 1. :^ K
AJBVERTISSXENT&.
| M N A > AM LIN. | I
I The Mason & Ilasilln Pianofortes Ij
represent th? higteet st&ndard of ex- E
celleT.ce. which has won for them the E
reputation of being the standard of the HI
trorld. Ci
The value of a testimonial lies In 1
who says It. The pj
MASON* Sc HAMLIN PIANOFORTES H
are Indorsed by tl
DTI. WILLIAM MASON. |i
The Dean of Pianoforte Teachers. fc>
EMIL r.VCR. ||
Conductor of the Philharmonic. I
MOIUTZ MOSZKOTVSKI. P
Composer, Pianist and Teacher, of I
Paris. * J
ahtht:r tcikisch. L
Conductor cf the L-ipsJe Oewandhaus R
Orchestra, the Berlin Philharmonic |
Orrbwstra. h
IIABCTKUB F1EVEKING V
The Great Dutch Pianist. t
WILLIAM H. SHEUWOOD, H
Th* Foremost Concert Plaaist of H
Ararrim. tj
cnoncn w. chadwick. t]
Musical Director of the New Eng-
land Conservatory of Muric.
DH. H. A. OT.ARKE.
Professor of Music at the University
The above testimonials and others wJU
be published in their order.
Benj. ClirtaZ& Son I
Sole Afpnts. I
<Curtai liuildinsr), I
1 6 to 2O O'Farrell St., 8. F. §
BRAXCUES El
Btraa Jcs*. Fresno. Stockton, Altmeda. m