The San Francisco call. [volume], January 19, 1904, Image 5

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

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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.