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The undersigned has heretofore ad
vised the good people of San Francisco of opportunities. He a pain wishes to' in form the public that having rented 2 his store. 915 Market street, to Olsen Bros., who will take possession In a few weeks, that instead of removing the clothing to his department store In Tacoma, Wash., and paying freight, prefers to sell this flne stock of well-made clothing, at. a Bacrifiee right here, and will therefore, beginning Thursday, sell all-- the men's clothing for, Just 50c on the dollar. Now the customer can be his own clerk by simply picking out any suit he. wants and pay just one-half of what It is marked. Every garment is marked in plain figures. A $30.00 suit $15.00. a $20.00 suit S10.00. 3 $15.00 suit $7.50, etc. -This sale will start on Thursday, 915 Market St., opp. Mason. • A Friendly Advice. Brief Session of the Hou^c. WASHINGTON, Jan. IS.— The House devoted a brief session to-day to Dis trict of Columbia business. While in committee of the whole on one bill the poetofBce scandal was discussed, Bart lett of Georgia introducing a letter from M. W. Lewis, who left aggrieved at certain statements in the Bristow report. Cowherd of Missouri pointed out that Lewis was irregularly appoint ed just in time to let a contract that cost the Government $10,000 more than was necessary. MONTREAL, Jan. IS. — Fire to-day destroyed the wholesale houses of Swift. Copeland & Co., hats and caps; McLeod, Hawthorne & Co., trunks and bag 1 ?; Woodhouse. Rosen & Co., mil linery, and the King Clothiers. Loss, 5200,000. •; .-,•:-.< J Destructive . Fire in -Montreal. MANILA. Jan. 18.— The Army and Navy Club has elected the following of ficers to serve for the ensuing [ year: President. Major General James F. Wade: first vice president. Rear Ad miral Yates Stirling; second vice presi dent. Brigadier General Francis Moore.; secretary. Captain William C. Rivers, First Cavalry. •-"¦ ' f\'\ :*-^ '.'it Army and Xavy Club Officers. ate in executive session to-day ccn flrmed the following nominations: To be major generals — Brigadier Generals W. A. Kobbe. Joseph P. San ser. Alfred E. Bates and Wallace, F. Randolph. To be brigadier generals — Colonels Alfred Mordecai, Harry L. Haskell, Forrest P. Hathaway. Asher C. Taylor, John G. Butler, Charles J. Allen, Theodore E. True. Frank M. Coxe, Ja cob Kline. William E. Dougherty and William P. McCaskey. Colonel John P. Storey, to be chief of artllleo't with the rank of brigadier general. - . Colonel Francis S. Dodge, to be pay master general. Albert A. Roberts, to be receiver of public moneys at La Grande, Or. Seventeen Army Officers* Arc Pro moled to High Rank by Presi dent Roosevelt. WASHINGTON. Jan. IS. — The Sen- MAW NOMINATION'S CONFIRMED BY SENATE International Brotherhood of Sta tionary Firemen, Local No. 86. will a social and dance in Alcazar building: to-morrow r.igrht. The fol lowing have been appointed a commit tee of arang-ements: J. II. Smith, Denis Foley. G. H. Rickey, Ralph Xostri and Martin Conroy. Barlxr*' Vnion Xo. 154. Ben Litzenstein. Carl Ljuid»rs. W. TV. Butler and G. K. Smith; Arr.a!»rairat»'l Jlcat Cutters No. 120. A. E. McGo\en:. II. I>hrtnan and <_". G. Schetthe; Lumtxr HandlTsT and Tallymen"* TTnlon No. 225. M. P. NielK'n. \V. S-. Deave>- and B. Cun ningham: Laundry Workers No. 05. Maude Mcilai €y. T!l!ie Walter?. J. W. Bmllef and II. E. Mathewi: Flour and Cereal Mill Wt>rk ers Xo. II. F. J. Koch and C Reicfcert. WILL DEEPEN* RIVER AT LOW. WATER MARK Capitalists Plan to 'Cut n Channel in the Mississippi at s Cost of $15,000,000. 'WASHINGTON. Jan: IS. — A chan nel in the Mississippi River at low wa ter from St. Paul and Minneapolis to Cairo, 111., a distance of 1000 miles, to be completed by the time the Panama canal is put into operation, is the pro ject advocated before the House Com mittee on Rivers and Harbors to-day by a delegation consisting of Governor S. R. VanSant of Minnesota. Ellis K. Usher of -La Crosse, "Wis.; Captain Alonzo Bryson of Davenport, Iowa; Frank Galenne of St. Louis and Louis B. Boswell cf Quincy. 111. The total cost of the improvement is estimated at $15,000,000. . An association, known as the' Upper Mississippi Improvement Company, representing seven States bordering on 'the "Upper Mississippi, has been organized for the purpose of advancing the project. The commit tee took no action in the matter. Child Dies After Accident. SAN BERNARDINO, Jan. IS. — Le roy-Cope, the 7-year-old son of Dis patcher Cope of the Santa Fe Rail road, died last evening. He had been run over. by a freight train /while play ing along the right of way. ."When jumpinsr'to the steps of a car he lost his hold and fell under the wheels. President Mitchell voices his earnest support of legislation prohibiting bo>s under sixteen, from being allowed to work in the mines and asks the con vention to indorse It. In closing con gratulatory reference is made to "the cordial business relationship that has existed between our organization and the operators in all States and districts in which the wages and conditions of employment are regulated and deter mined by 'mutual agreement." Secretary-Treasurer Wilson made his annual report, in which he said hs had hoped : to -report a larger amount of money on hand, but the large number of strikes requiring aid from the na tional organization, had been, a great drain on Its resourc-s. On November SO there was in Indianapolis bank* J1.12S.137. belonging to the organization. The paid-up membership is 289,836. The total membership is approximately 330, 000. To avoid the loss of revenue from these 40,000 members not paid up, which would % amount to $96,000 annually, the stamp' system 13 advocated in the re port. . • ,- :¦ '¦'.''- The strike in District 13. has been and is a source of heavy exi>ense to our organization, but our peotiie are standing tirm, and much as we desire an amicable and honorable set tlement' the uncompromising attitude of the companies fives us no I choice but to continue the contest until fair terms or settlement are reached or our peodjeto down in- defeat. Of the Colorado strike Mitchell savs: \Y»> should ke-p in mind that the enemies of labor and. the opponents of trade unionism. a» -iepreaented by* the Manufacturers' 'Associa tion and the Citizen*' Industrial Alliance, are ever ready to make capital out of the smallest indiscretion and to magnify out of all reason able proportion . the ulightest mistake that trade unionists may make. j INDIANAPOLIS, Ind., Jan. IS.— The fifteenth , annual, convention of the United Aline Workers of America be gan here to-day with 1000 delegates in attendance. After the address of wel come President Mitchell delivered his annual address. He urged that the convention be moderate in speech and conservative in action, adding: " • The case involved the validity of the laws of California permitting the county authorities to fix the rates to be charged by the irrigation com pany for water. The company claimed the rate the county fixed was too low and that the laws prior to 1SS5, under which the company was organized, were equivalent to a contract, permit ting the company to fix its own rates. The Circuit Court accepted this view and decided that the act of 1S85 could not be Invoked to impair the contract. Justice Peckham "elivered the opin ion of the Supreme Court, holding that there was no contract and adding that even if there had been a contract the State had power under its constitution to amend its own laws. WASHINGTON, Jan. IS.— The . de cision of the Circuit Court of the Unit ed States fcr the Northern District of California in the case of the county of Stanislaus vs.- the San Joaquin and Kings River Canal and Irrigation Company, was reversed in . the Su prpme Court to-day. Supreme Tribunal Reverses De cision in Stanislaus County Versus Irrigation Company President of the United Mine Workers Delivers an Address Before Annual Convention "BE MODERATE" SAYS MITCHELL GRASS VALLEY, Jan. 18. — A mis take in bottles nearly cost Stephen Walworth his life to-day at a ranch below this city. Walworth, being without glasses, mistook a bottle of carbolic acid for a bottle of cough medicine and swallowed part of the contents. He will recover. Drinks an Acid by Mistake. Gas heaters, formerly $4.50, now S2.50. at San Francisco Gas and Electric Com pany. 415 Post street. • A committee, consisting of R. Ben nett. W. H. McConnell and M. S. Brown, was appointed by President George F. Keetley of the Electrical Workers' Union at the meeting last night and instructed to make a care ful examination of the electric wiring in ali the places of amusement in the city and also to inspect the means of exit- The committee will report at the next meeting of the union. Metal Workers' Union Xo. 1 will take a vote on the question of half holiday closing on Saturday. The trouble that had kept the can makers out of work has been settled and the belligerents have finned a contract, v.hich will stand in force for the term of one year. The employes will go to work this morning. A grievance of a minor character is disturbing the members of the Fish Cleaners' and Janitors' unions. In the former it Is said that the help are compelled to work overtime without receiving any extra compensation. A committee was appointed to make an investigation and report at th<» next meeting. The janitors' trouble is said to be due to the arrog-ance of some of the superintendents in downtown buildings. This was also referred to k committee with instructions to re port. Local unions have installed officers as follows: E!«-trical tVorker*' 1,'nicn. Auxiliary Xo. 1. — President, Edfin M<-Kenz->: vice pre«!<JentJ P. J. Kennedy: re<-o;<Jing; #»"cretary. J. Alex *r.<W: financial Kcretuy. J. Filek: in»p»ct »«r» .?. O'Brl'm and J. Kalph: foreman, J. McDonald: «>x»-eutive board— J. McKniirht and E<1»*rd Smith: •••oretary of thr board of di rectors nT Or*»ni*»d Lcbor Pub!l»hinr Cbm c«ny. E<J II. Smith. Shir.gler*' 1'ni^n— Pre»iil»r.t. H. II. K<J w«rd* vice rresii'-t. J. Arn#tt: secretary. T. J. Courtney: tnarovr. W. E. Berry: deli cate to the BoS&BS Trcrl^s Cour.c!!. ' IX E EcM Rammers* Proactive Uni^r.— President. C V. Oi'.Un; vir* r>res'.d»nt. David Eyrr.<?j»: sec retary. P. G«rajrh*r: treasurer. P. J. p\ r he«: cuarrt. Pet»r Dunphy: <5»!e*aTe to Labo? «"o^n riV. Coliran Me*.gh»r: board of trunteej— P. J. O'Friea. P. Gerashty and Colrran Meajher. The following delegates have been elected to the Oakland Federated Trades Council: TJak»ry Wa^on Driver* No. 62*. Joe Mitchell; Electrician* Appoint Committee to L<ook Into Wiring of Playliouses and Mean-? of I^xit. t'XIOX WILL fVVKSTIGATE CONDITION* OF TIIKATERS SAN JOSE, Jan. 18. — The Injunc tion restraining the San Jose-Los Gatos Interurban Electric Railway from completing its road on North Market street without laying a third rail for the San Jose and Santa Clara Electric Railway "was dissolved to-day by Judge Tuttle of the Superior Court. This leaves President Rea's road in a condition to complete its work and the question as to a violation of a con tract with the other road will have to be settled in a suit. Railroad 3Ia? Complete Work. The proposed ordinance designed to prohibit persons from standing In the aisles of theaters and public halls dur ing a performance was referred to the Fire Committee. Supervisor d'Ancona suggested that as the Health Board had effected a sav ing of $4500 in Its salary fund th« amount "T^ould be used for cleaning Chinatown. On the committee's report the sum of $:000 was set aside by the board out of the urgent necessity fund for the purpose and the proposition of using the salary money for the same purpose will be discussed at a future meeting. The Board of Works was directed to fix the damages and assess the benefits ¦which may result from the changes of grades on Parnassus avenue and Lotta street. The ordinance changing the name of Central* avenue from Geary street to the "Presidio reservation to Presidio avenue was passed to print. Chief Inspecting Physician Hassler appeared before the Finance Commit tee and petitioned on behalf of the Health Board for an additional appro priation of $12,000 to continue the work of putting Chinatown in sanitary con dition. The Board of Supervisors yesterday took preliminary action toward flxlns In February the rates to be charged during the next fiscal year for gas and electric current by adopting a resolu tion-directing the San Francisco Gas and Electric Company and a number of other corporations to furnish not later than January 31, 1904. the following in formation: A detailed statement showing &It m> enue derived from all sources by such companies supplying heat, light and power and a statement of their expen ditures for the year ending December 1, 1903. The original cost and estimated pres ent value of their plants. The amount of capital stock out standing; the amount of the bonds of the companies and the floating debt of the companies. The petition of the property own ers that cattle be permitted to roam and grrase in the vicinity of Hunters Point was referred to the Street Com mittee. The board took steps to dispossess II. O. Irwin as Poundmaster by adopt ing a resolution temporarily placing the management of the public pound in the hands of the Society for the Prevention of Cruelty to Animals. The representatives of the PAcific Humane Society asked that its bid to conduct the pound be considered, but it was decided to allow the first named soci ety to act pending the consideration of bids for the same, it being an nounced that the lowest bidder will be awarded the contract. A resolu tion Inritfne bids for managing the poursd was adorjted. Mayor Schmiti ru!«?d out of order the motion of Brandenstein that the Society for the Prevention of Cruelty to Animal* be temporarily appointed to conduct the pound. The Mayor held that the motion should be in the form of a resolution and Brand^nstein appealed from the decision. His ap r^nl was sustained by the votes of fourteen Supervisors. Brandensteins motion then prevailed. The Chinese Consolidated Benevo lent Association, known as •'Chinese Six Companies." was granted permis sion to #»r<?ct booths upon the streets of the Chines? district from the 8th to the 21th of February. 1904. to dis charge firecrackers atid other fire works and to play music after mid nigrht during the mentioned dates for the purpose of celebrating: the Chinese Neu- Year. A number of owners of nickel ma chines that have petitioned for refund of licenses on such machines owing # lo the fact that the Police Commis sion ordered them to be taken out of saloons appeared before the Finance Committee in support of their peti tions. They xrere directed to file a list showing; the date when the ma chines were placed In the saloons and •when they were taken out. The board granted the Union Oil -Company permission for a period of sixty days from and after January 15, 3S04. to maintain a spur track already constructed on Illinois street, from •the mai:i track of the Atchison, To i>eka and Santa Fe Railway Company to a point on Seventeenth street. Under the ordinance the entire issue of the four park projects will be sold, and of the issue3 for hospitals, sewers, schools. Jails, street and library ther^ will be 1640 $100 bonds, of which forty on? ¦will be paid every year for forty years: 12S0 $500 bonds, of which thirty two will be paid every year for forty years, and 2520 $1000 bonds, of which sixty-three will be paid every year for forty years. Bidders may bid for the whole or for portion of the amount offered for sale and preference in the allotment jwill be given to subscribers for the 6maller amounts and lower de nominations. The proposed ordinance providing for the sale of a portion of the bonds as heretofore noted and for the invitation of bids for the same at the Chamber of Commerce on some day in January yet to be fixed. vcas referred to the Stabile Utilities Committee. 'or It trust be-*orr.<s in rcind that during the tendency of the special election the voters were repeatedly informed that the ctvll service provision of the charter would be made ap plicable to ali employes on such work. It might be also wi?e at this tirr.e to call public attention to the provisions of the charter which vest in this board tb* duty of author izing the execution of a'.: contracts for public improvements and to declare It to be the pur pose and intention of this beard to Insist upon the application of the merit system to the fuperviiion cf all constructions made by vir tue cf th* bond issue, as a pr«requl«ite to «:ch authorizations, and at all times to suf fer no variation from th<» representation made to the voters In order that their authority to issae these bond* miicht be obtained. r.NDER CIVIL SERVICE. Tour committ»e at this time earnestly ex presses a h^r* that the Civil Service Commis sion will establish an eligible liEt for all mu ricijval employes whose services may be re luir^d to supervise. or Inspect the public worVs whioh may be const-ucted out or the Tiroceeds arising from the saie of the bonds; Justice bonds to the amount of .. SOO.fOO Library bond" to the amount of . TCO.OO©. ar.d practically th° entire Issue of, the bonds fcr the four park projects. Thus all the necessary lands may be *e cuvi and a-rtual work nar be speedily com rr^jirej on the s«"w«rs. rtr»?ts and public buildings. TV> telieve that a sale of this amcunt of bonds will realize all the money than can be •v-oaoiDiraHy expended the first year, but should it not be. other tales may be authcrlred from time to time. continually appreciating. Your committee "is therefore rrepared to say that Immediately upon the final pacsaire of the accompanying bill it will recommend for passage a bill pro \idiris fcr tiie sale of a portion or the bonds to be issued, as lollowy: Hospital tK>rds to ih«* amount of $ 2j2,0C0 Sewer bonds to the amount of 760.1)00 School bonds to the amount of l.nOO.000 bonds to the amount of 252,000 Count;' Jail and additions to Ka!l of of tl-e purposes for which the bonds are to be iss='j»d should be secured without delay, as it is evident that realty values in th!s city ars In order that the making of the improve ments, seme of which are of pressing neces sity and all immediately desirable, should b» proceeded with, we believe that a sufficient arriunt of th«> bonds should be Immediately of ffred fcr sal'?. Especially at this time, all the land* contem5lat»d to be purchased as a patt At the outlet it has been suggested that it would o* wise i> have the legality or illegal ity of the pending bond issue judicially es tablished before proceeding to offer any bonds fcr eale. it having been asserted that such ad judication would add to the value of the bonds. Your committee, however, cannot become parcy to any contemplated legal proceedings ncr even encourage any action o? the kind. We are unaware tl:at any legal question has been raised as to legality of the bonds to be issued, no.- ha« th» irregularity of the pro o»^din£s :n relation thereto been even sus- SeateU. Any action that might be instituted in th« abser.ee of an actual legal objection would therefore be. but a moot case, and would not be a bar to any further litigation, and it !s even doubtful if the courts would decide any issue that might i>- raised. TO SELL SOME BONDS. In connection with the consideration of this bill several matters have presented them selves to your committee, matters of public policy, which we believe ought to b« clearly defined, not only that thin board may have a clear vi«w as to what its future action ir.ay be, but that the public may have an al equate Idea of what this board proposes to do. and thereby give its co-operation to all measures which n.ay from time to time be recommended. The report of the committee relative to the issuance of the bonds was adopt ed as follows: The Board of Supervisors yesterday passed to print an ordinance previously referred to the Public Utilities Com mittee providing for the sale and issu ance of bonds in the aggregate sum of $17,771,000 for the construction of va rious public improvements and acqui sition of lands for the same. The resolution requesting. the United Railroads to place a signal man at the intersection of Larkin and Hayes streets to operate the cable depressor at this point and thus prevent acci dents and danger to life through enabling the conductors of the Hayes street line to remain in charge of their cars was- referred' to the Street Com mittee. The Board of Public Work3 was re quested to submit to the Supervisors an estimate of cost of establishing and maintaining a convenient station at a suitable point to be located on Market street, -between Kearny and Sixth streets, the station to be larger in de sign and more commodious than the one now established in Union square. Providing for the full acceptance of the "roadway of Bartlett street, between Army and Twenty-sixth streets, paved with bituminous rock. The Board of Works was directed to sell fourteen tons of old scrap iron. The Mayor's veto of the board's reso lution appointing W. E. Dorn to be Justice of the Peace was referred to the Judiciary Committee on motion of Braunhart. who said that there was no authority granted to the Mayor under the charter or State law to veto such a resolution. . . The following ordinances were finally passed: Accepting a deed from Mary A. Fritz to certain land required for the opening and extension of Tremont avenue, from the north boundary of the San Miguel Rancho. TO CONSIDER VETO. Real estate agents Von Rhein and Spencer JBuckbee spoke respectively against and for the change. Rev. Father Maximilian, pastor of St. Bon iface Church, made an earnest request that the resolution be not» passed. Father Augustine, assistant pastor of the church, said it would endanger the foundation of the building to lower the grade. Supervisor. Brandenstein argued that the resolution should pass as the lower ing of the grade would benefit the city bv increasing assessment values and improving the retail trade. He thought all* differences could be adjusted by the Board of Public "Works, to which the matter would be referred. In moving that the resolution be indefinitely post poned Comte said he was opposed to changes of grades in any part of the citv where substantial buildings had al ready been erected. The vote on in definite postponement was: . *ye« — Alpers. Bent. Boxtcn. Comte. Eggers. Finn HocVs. Lunstedt. McClellan. Rock— 10. Xoss — Booth. Brander-stein. r.rauncart. D'Ancena. Payot. Rea, Sandewn— 7. Absent— Connor. ¦'--.--:: Phelan announced that whatever damage would be sustained by St. Bon iface Church would be paid by the large property holders, including himself and Captain Taylor. Ex-Supervisor Collins, who protested on behalf o* the Red Men's Hall As sociation against the change, contra dicted a statement made by Phelan that Collins had been notified of the con templated change before the lot for the building was graded. Collins said the teams had been grading for four weeks before he was notified and the con tracts had been let. The Board of Supervisors yesterday Indefinitely, postponed th« proposed res olution ot intention to lower the grade of Golden Gate avenue at Jones anil Leavenworth streets after a large num ber of proponents of and opponents to the change had been heard. . J. D. Phelan addressed the board In support of the lowering of the grades ana asked that the resolution of inten tion be passed. He argued that one of the principal objectors to the schemfr- St. Boniface Church— would not suffer by th* change as the edifice ha.i been constructed in anticipation of such a project, which. If consummated, would only liecessltate the building of a stair case un to the entrance of the church. In the course of his remarks Mr. Phelan said that his side had made no campaign to bring about the desired change, whereupon Garret McEnerney, attorney for those" opposed to the scheme, produced a circular slsmed by Phelan and others urging the receiver to use his influence with the. Super visors in passing the resolution. "This scheme is a private real estate speculation." said McEnerney. "and has been resisted by us before twelve sue-* cesslve boards. My client Is assessed J12.250 for benefits. Wnat for? To make the corners of several wealthy men available for the building of apart ment houses in the center of a rising retail trade! I am of the opinion that it will cost much more man $350,000 to carry out the change." L.. J. Hardy, who said he had watched the city's growth for fifty- four years, contended that Turk street property would not be benefited by the change of grade. WILL PAY DAMAGES. Probp.cljr the Supervisor feared he might be a«Jced' whether his evident feeling in this in vestigation was not Inspired by the fact that the Board' of Health had discharged his mother-in-law. And several of th» other members of- the committee probably had simi lar reasons for conducting this Investigation. If the evidence had been allowed' to appear. • Mr. Ruef was asked why Dr. D'An cona declined to be sworn. He replied: Moreover these gentlemen undoubtedly feared that the Mayor's ideas of economy might be extended to ether departments where more of. their friends nnd relatives could be found. The • offices which were abolished, though held to some extent by civil service em ployes, were unnecessary and useless. The mere fact -that five civil service employes were hanging about the office iioln~ nothing was in the mind of the Mayor no sufficient reason for their retention. . . If ! Supervisors will act thus- unfairly In matters, of so vital Importance to the city — will allow no hearing or presentation of evi> dene* against their preconceived ideas— they will certainly forfeit the respect which other wise would be accorded to them. The witnesses who«e presence were desired would have thrown light not only upon the situation' as It Is now developed, buc would also have Informed the board and the public as . to many matters of Interest concerning the civil : service generally and the methods by- which some of the appointees are alleged to have secured preferment upon the eligible lists. The B-Jmmons asked of the committee to- these various gentlemen was in the utmost good faith and In the public interest, and it comes with exceedingly bad grace from those who commenced this Investigation to shut it as soon a« It reached a point where their own claims could have been successfully con tradicted and refuted, to say nothing cr the personal' interest and animus which biased some of the committee. So barefaced an application of the policy of suppression of facts in the Interest of favored friends and relatlvs rvho are holding politi cal jobs at the expense of the . taxpayers of San Francisco hag seldom been se»n in this community. The chair evidently feared the expose that would come through an examina tion-of the witnesses sought to be subpesaed and the programme was evidently arranged before hand, since before a word was spoken tire ."gag rule" was laid down. This fraudulent Investigation was Initiated merely as an attack upon Mayor Scbmltz'e policy of retrenchment. In his effort to up bold his ante-election pledges he had effected an economy In the Board of Health's central office alone of 19900 per annum, at the same time increasing the efficiency of the depart ment. The high-handed and" Insulting attitude of the chairman of the committee indicates what was apparent all through— tuat the commit tee shunned" a fair and open Investigation and had predetermined it* course. This was evi dent from the outset upon the adoption of the resolution. Introduced by the chairman, which, without hearing or trial, flagrantly al leged ' that certain violations of the charter had been committed, when, as a matv»r of fact, none existed. Dr. Ward, when called to the stand and questioned regarding the dropping of civil service employes and the employment of non-civil ser vice men, stated that he did not be lieve in blind devotion to. civil ser vice, but was, working for the best in terests of. the city. • Mr. Ruef was then requested to give a list of the witnesses he wished to. call. He started with Dr. d'Ancona and was promptly requested to submit a .written list. After a brief argument he furnished the chairman with a list containing the names of the editors and t»roprietora of local newspapers. Dr. D'Ancona and other members of the investigating committee. This list Dr.. D'Ancona declared was frivo lous, and yie refused to consider it and refused to take the witness chair unless the members of the committee desired that the . persons mentioned by Air.' Ruef be^, summoned to testify. A brief but heated argument followed and Erandenstein's motion to adjourn prevailed. -•CAfter" the meeting Mr. Ruef made the following statement: With Chairman D'Ancona of the joint committee of the Supervisors on Health, and Finance rapping for or der, while A. Ruef raised his voice in a plea that more witnesses be sum moned, the Investigation into the ac tions, of the Board of Health in abol ishing some oittces and creating others came .to a disorderly close last niyht.- The committee has heard all the evi dence it, cares to. and its flndinsrs will be presented to the city's chief execu tive at an early date. Herbert Schmitz was the first wit ness called.' He was questioned, as other witnesses have been, as to why he voted for the' abolition of certain offices and the vacating of others, but would give.no reply further than that he deemed it expedient. Mr. Brandenstein accused him of acting blindly, and on the advice of Mr. Ruef he refused to answer further questions. Dr. Stinson wa3 then called to the stand and reauested to show the list which at a previous hearing he ad mitted had been submitted to him. The doctor was unable to produce the list, stating in explanation that he had left it on his desk and it must have been accidentally destroyed. So far as he could remember, however, the names of Drs. Rottanzi, Brackett, Purienky and Adler had been sug gested to him. but he had been given no instructions. Attorney Ruef for the Health Board Claims Gag l«i\v Was Enforced. SUPERVISORS EXD INQUIRY. COURT SUSTAINS CALIFORNIA LAW "All appointments in the department shall be made under the provisions of article XIII of this charter, and no person so appointed by the board shall be removed without cause." Article XIII of the charter is one pre scribing the civil service regulations. This restriction touching the filling and va cating cf places of employment has no bear- CHARTER'S PROVISIONS. The only restriction placed upon the powers of the Board of Health with reference to its employes Is in the method prescribed for the filling and the vacating of the places of em ployment created. That restriction is found In the latter part of section 5 of article X of the charter, and is in these words: . "When any place of employment Is created cr abolished or the compensation attached thereto altered th«- officer cr board making such chanic«? ?hall Immediately report In writ ing to the (Civil Service) Commissioners." - The right to abolish old place* and to create new one* is »ceciflcally recomized by section 1" of article XIII of the charter in th'se words: There can be no question that the sole and exclusive power and jurisdiction to create places of employment In the Department of Public Health Is by this provision of the char t«r conferred ur>on the Board of Health: that the. judgment cf the Board of Health is the so!o criterion for determinfnE the kind and number of place3 of employment that shall ex ist in the Department of Public Health. There can also be no doubt that the power conferred include the richt to abolish places once cre ated and the right to create n^w places not previously existing, and that these rights may be exercised freely and unrestrainedly without consultation with any of the drpartments of the city government. "The board may appoint such officer*, agents and employes as may be necessary for the proper and efficient carrying out and en forcement of the purposes and duties of the board, and may fix their salaries and pre scribe their duties. \Hth resueet to the Department of Public Health, however, no place* of employment are created by the charter. The power to create place? of employment for this department la specifically conferred upon the Board of Health by the charter, section 5 of article X. That section is as follows: BOARD HAS POWER. With rtSDect to these deDartmenta no auch controversy as has arisen in the Board of Health can therefore possibly arise. It seems essential, therefore, that »t the outset of tbla investigation the law bearing upon these rights m**erted by the Board of Health, which it has undoubtedly exercleed, and which rights are contested, should be un equivocally declared and defined. The various DOfitions under the charter filled either by temporary or permanent em ploys ar* by that document referred to as places of employment. With respect to most of the departments un dcr the city sovernmezit tho charter it***it creates thrse places of employment. For In stance, with respect to the Auditor it has pro vided that lie may acpolnt a deputy auditor, two assistant deputies, two clerks *jid auch other clerk* as may be need'd. f he samo pi\Msion is made with respect to most of the departments of the city rovernment provided for by the charter. Among: the various rrounds of protects urc*d against the resolutions of the honorable Board of Health, whereby said BoaM of Health sought to reorganize the department ander Its control, the right of th« Board of Health to abolish places tilled by civil service employes without the previous nanctlcn of the Civil Sen-Ice Commissioners and the richt of the beard to create n*w daces without such like previous sanction of the Civil Service Commis sioners •eem.« to be rocst strenuously con tested and denied. The hearing of the case of the de posed employes of the Board of Health was resumed before the Civil Service Commissioners yesterday^ afternoon. At the opening of the session Chairman Rogers announced that the commission had carefully considered the question raised as to the right of the Health Board to abolish certain positions and create others under a different desig nation. The opinion, which, to satisfy all parties, was put in writing, states that it is the unanimous decision of the Civil Service Commissioners that the members of the Board of Health did not exceed their authority in abolishing certain positions and establishing oth ers. The opinion in full is as follows: Measure Plans the Disposal of Some of the Series That 1 Portion of Work Mav Be Done Additional Appropriation Is Made and the Health Board's Salary Fond May Be Used Society for Prevention of Cruel ty to Animals to Have Tem porary Charge of the Place Judiciary Committee AVill Take Up Disapproval of Appoint ment of Dorn as a Justice ure in office. The hearing will be re sumed at 2 o'clock to-morrow after noon. Deputy Health. Officer Eevr.. who ia filling the positions of -".several of the deposed' employes, again testified re garding- his multifarious - duties. He claims that they are - not . merely, cleri cal, 35 has been contended, but also executive. Inasmuch -as he fills the of fice of the chief health officer during the latter's absence. Dr. Green, one of the deposed sani tary inspectors, was suLJeccd to- a rigid cross-examination by Mr. Ruef. Green occupied the position of sanitary inspector before It was placed on the classified list and Ruef attempted inef fectually to force from him an admis sion that the Sanitary Inspectors had suggested the holding of an examina tion that they might ?e ; ¦--. life ten- The afternoon's proceeding ; brouffht out very little which. has not* already been shown. Secretary Moran of. the Civil Service Commission testified that two examinations for sanitary inspec tors have been held and that there are two names still on the, eligible list.," He further, stated that when the examina tion were being prepared the former Health Board "had ¦ suggested that experience in medicine • be' in cluded, i • • . ' ' ' Ing- however, upon th* question of their crea tion or termination. Whether tht^ restriction upon .the Board of Hcalfa has been violated by It Is <he purpose of this Investigation. We know of no other provision* • of the charter touching upon the power to creare or abolish places of employment In the Depart ment of Public Health. • As bearing upon the question of the power of departments to creat* and abolish places of employment, this commission has been per suaded very largely -in coming to the conclu sion herein expressed by an opinion of City Attorney Franklin K. Lane, rendered April 1!». 1901. *nd found In the official re ports of the opinions ot the City Attorney of San Franc!«co from 1S9» to 1002. at page 481. The opinion relate to the power of the Board of Public Works to create an official position without the consent of the Board of Civil Service Commissioner*, and expressly recog nizes this right. The opinion Is too lengthy to be quoted In full. We. however, quote th« following:. - "I think that the position of the Board of Public Works Is clearly right. To such board has been given full power to determine wliat clerks and employes are necessary for the conduct of ih;. business of that department.' They are responsible for tne conduct of this branch ot the municipal government. Within the limitations ot the charter a» to the dis position of their appropriation they are ab solute. If they create unnecessary places the remedy lies not with the Civil Service Com mission, but ultimately with the Mayor. The Civil Service Commission Is created to sea that appointments to ofSce and removals therefrom procedure provided. T*ie!r business primarily Is to see that proper arid fit persons are se lected as officers and employes .under tli-» rcerit system. And If there does not happen to.be a properly qualified person for any position that is vacant, their consent or ap proval Is required to the appointment of a. temporary appointee, who shall hold until an examination can b<> held and a list of qualified persons obtained. The commission may withhold its approval of any temporary appointment upen the. ground that the proposed appointee is tiot fitted for the petition or upon the ground that a temporary appointment Is not necessary because a qualified list of ellglbles Us waiting from which a regular appointment may - be made. But the Civil 'Service Commissioners should not reject a nomination upon the ground that in their judgment such an office or employment Is unnecessary In such depart rr:?n:. If it were illegal to create such a place that would be another matter,, but the case presented does not give 4 rise to such question." PROTEST OVERRULED. The ground of protect that the Beard . of Health has no power to abolish places of em ployment, or to create new places of employ ment without ~first obtaining the " sanction - of the Civil Service Commissioners, Is therefore held to be untenable ' and It Is overruled. Dated January- IS. 10O4. . JOH-V ROGERS OEO. H. BAHRS C' J. WILLIAMS. Civil Service Commissioner*. TO CONSIDER MAYOR'S VETO TO MANAGE PUBLIC POUND BIDS ARK TO BE INVITED WILL CLEAN CHINATOWN Unanimous Opinion Is Handed Down by the Civil Service Commissioners in the Hearing to Determine Whether Important Provisions of San Fran cisco's Charter Have Been Violated by New Appointees of the Mayor Own/rs of Nickel Machines Appear Before Supervisors in Support of Their Protest Board of Supervisors Passes to Print Ordinance to Raise Cash for Publiclmprovements Board of Supervisors Directs Various Corporations to Sub mit Financial Statements Supervisors Vote to Indefinitely Postpone the [Resolution to Level Golden Gate Avenue ARRANGES SALE OF BOND ISSUE WISH LICENSE FEES REFUNDED BEGINS FIXING OF GAS RATES RULE AGAINST GRADE CHANGE BOARD OF HEALTH HAS AUTHORITY TO ABOLISH OR CREATE OFFICES CIVIL SERVICE COMMISSION UPHOLDS BOARD OF HEALTH WITH REGARD TO REMOVALS THE SAN FRANCISCO CALL, TUESDAY, JANUARY 10, 1904. BERLIN. Jan. J8. — The Empress Aujtista Victoria ; . is suffering ¦ from a , slight Injury . > to her ' foot, necessitating a ~ cancellation - of her court for ladles on January SO. ; Th« debu tantes , will be presented to the Empress at one o£ the court balU."Egf£S OAKDALE, Jan. IS— Joseph Scharn horst shot a farmhand named Barney Smith during a brawl at ; the ' Blue Wingr saloon to-day. Two bullets took effect. A physician was called " and found one of the bullets lodged in the man's brain. He says. Smith cannot live. .' K-.l • C" Sends Ballet in Man's Brain. 5 Pay a Penny To Aid a Sick Friend Ant* I Win Eisk $5.S». % . - t atk «r.> a pasal card— j»si thr same of larr* one • ho r.eeci hf ip. Tell mt the bock U» *tui. T:i • «nfle to do <oc a friend -don't »e»!ect it. I will jUidly co all the rest. ¦ I m~A tmi him my beck. I will inwit with a drvf - ristnearfcy tf.st !« mav takeaix bottles t>r. 5hoo» a Re- atorative.' He may tiVe it a month at ntr ntk. If it auccteds, it co>ti ft; u. 1! u (ails, I will par the druc- fi*troyvt\i- Ana th« tick one 'a mere word shall de- I do that so that those « ha c~£ Kelp » :'•! accept it. ! I have what those s-xk ones mast have to get well. «r.a 1 waft then to have it. I make mr offer so fair chat no sick one can afford to neglect it. I <jo jut as I say. and trust the cured ones to be fair w.thme. 1 have furnished my Restorative to hundreds of thousands en these terms, acd jg oat of each 40 have paid f'.ii'tT. because they «erecer«d. I want not a per.cy otherwise. . Mr Restorative as tcy disreverr. the nsolt of nrr I:i»t<rme's work. I have personally tested it in tuon- saoec of cases as difficult ;.» physicians ever meet. In nty ior-f experience I hare so perfected it thai it dfte» not fail, save when a casse — fike cancer— makes a cure impossible. • ¦ . .... . My «ucce*s coniet frctn itreer*er.iijc the mud* nerves. Common treatment* merer/ doctor the orxan*. and best results arc but temporary. My trtacaer.t re- stores the nerve power »hw Jt alone makes these artans act. It is like r 1 vir.f a weak rzsir.t more steam. Any weak vital orran does its duty miien siren Ute power to act. and there is so other way to make weak orxans »ell. • Noocker remedy strenrthens weak inside serves, and (cr this reason there is no other treatment for chronic dfejease* which any man will offer on a ptan like mine. , ,. Pkase tell me who seeds a retnedr nke ttat. Simply state which Book 1 on Dj«p»'p»ia. hnok von waut and Book 2 on the Heart. boo* j ou waat ana Rook 3 on j^ addrew Dr. Shoop. 4 for women. Box SSX. r.2L;n-. Book S for men < wealed) Wis. • Book 6 cs . Rheumatism Mild rm*t*. not chronic, are often cured with ooe or two bottles. At druf sleu. \ ADVERTISEMENTS. HYUIU THEJAUSE DISEASE Nine-tenths of all our diseases have their beginning with CONSTIPATION : It is a duty we owe to our ¦A:- body 'to secure a free raoTe- ment of the bowels once every day. -The one reliable remedy for constipation is HUNYAD! JANOS THE NATURAL UXATiVE WATEH. Half a class on arising gives ' prompt tad pleasant relief. ADVERTISEMENTS. ELECTRO-CHEMISTRY CURES CATARRH -MND- DEAFNESS IN 0L0 AND YOUNG. ; " * ; ; JffflfjSjii^ ; f2?& - y 'A'-'-'* «,-..*"¦ ¦¦¦ J|- '-;*¦¦ ¦¦ -¦¦**'*£ ¦ -^ " ¦¦•¦¦ B* -'v 11 * - •£ f ¦¦¦,:*¦ •-,:?•.* .Sat'. '. ¦ **-• ¦ "- - "-* >* : * -¦»*>&>- »r -•'¦ 'SPE : . jniau -^L. v ¦ *:-:>'•; . * ;&^ifH Hfailfiii^iarJ^B Tt\ MISS S. TX. TATX.0B. 201S Pacific Ave.. Alameda, CaL "For many years I had suffered from catarrh, deafness and ¦rinsing' ears. . I think I have used every- known treat- ment. I. even tried . artlflcial ear. drums for my deafness. Nothing helped- ms until I took up the Electro-Chemic treat- ment. Tbat has helped me from th» start. It not only has shown its cura- tive effect on my catarrh and deafness. but my general health and "strength have also been built up by it. "To those advancing In .years I am sure there is no treatment in the world equal to Electro-Chemistry." BJTSi (Signed> MISS S. N. TAYLOR. 2016 Pacific ave.. Alameda. CaL AND H 1^ H H EXAMINATION * * V *-« *-* Specialties — Coaswnptlom, Catarrh. Bronchitis. Asthma, , Cancer*. Tumor*. Deafness, Head and £ar Notsii, Sb*a- miiti*™. Paralysis. Senxalrfa, Kl«». Diseases of - the Stomach, U^er. Kid- ney • and Bowels. • Special Diseases : of Men aad Women. All Chronic Diseases. HOME TREATMENT— If you live at a distance, try to come for a personal examination. > If you can't come, write for instructions for home examination and treatment. ElECTRO-CfiEMIC INSTITUTE, 118 G&AXT AVE.. Cor. Post. SAH rXAVCXSCO. OfSce hours— 9 a. m. ta S p. m. and 7 to 8 p. m. daltr- Sundays. 10 •• n*. t<> 1 p. m. . Separate apartments for Uiles and feaUemen. t advehtisements.