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DEFENSE OF BOODLERS DEALT A BLOW IN THE SACRAMENTO SUPERIOR COURT Accused Men Defeated in Effort to Prevent Trial on the Charge of Bribery. SACKAMKXTO. Feb. 25.— Superior Judp art decided this morning that I and Emniont, had failed la Sftanr raus-'e in their de tr why they should not be placed '•oodHng. In a lensihy «>pinion he disposed of all tht points raised by .-.d, overruled their vrer and ordered ihein to ipptur this afternoon at _ to l'lead. Upon the earnest h I of iheir counsel, h.jwtvtr, tht}- wet» allowed until ntxt Wednesday to prepare for this ordeal, at which time further ar gument en the indictments against French k . will be heard. In ' yen uling: the demurrers this morning Judge Hart simply made the order in •the case of Bunkers, though it applies also to that of Emmons, but the formal order in his case will not be made un til the court is assured that he has passed safely through the valley of the shadow if death. In securing for their clients an ex n of ihe time in which to plead itys Morehouse, James and Ja a well-defined i.urpose. It . le their intention to carry the case to • the Supreme Court on habeas corpus without delay and with this in view they will formally surender Bunk -is IS the Sheriff next Monday, though he > will immediately be released under his present bond. The application for the writ will not stay the trial of the ac i. however, and the charges against them will be set for hearing after the AtagMMfttMi of the demurrers interposed by French and Wright. DIXISIOV OF COURT. Judpe Hart's decision in part i 6 as follows: 'I have given the arguments of coun sel, and the authorities which they have cited in support thereof, much consid eration and thought, and I am per suaded that, while I at first was much impressed with the force of the con tention of counsel for the defendant upon the question as to whether or not ; the Legislature, within the scope of its - prose ribed by the constitu- i had authority to make investiga- i tion of put h corporations as those men- ; tioned in the indictment, the indict- ! . ment is not obnoxious to the objections and criticisms alleged against it. ■ 1 have no doubt that the Legisla ture, when it, through one of its com mitt^ee. proceeds to investigate the methods and the management of quasi publ: uons for the purpose of obtaining knowledge that will facilitate and bring about more wholesome laws in the matter of the regulation and management of guch corporations, is ed in the performance of such a duty as conges clearly within its prov ince as a legislative body, and within wers as prescribed by the consti- D of the State. This may be called PADVERTISEMEXTS. THE VALUE OF CHAROOAIi. Few People Know How Useful It Is In Preserving Health and Beauty. Nearly everybody knows that char- coal is the safest and most efficient disinfectant end purifier in nature, but few realize Its value when taken into the human system for the same cleans- ing purpose. Charcoal Is a remedy that the more you take of it the better; it is not a drug at all, but simply absorbs the grases and impurities always present in the stomach and intestines and carries m out of the system. Charcoal sweetens the breath after smoking, drinking or after eating onions and other odorous vegetables. Charcoal effectually clears and im- proves the complexion, it whitens the teeth and further acts as a natural and eminently safe cathartic It absorbs the injurious gases which collect in. the stomach and bowels; it disinfects the mouth and throat from the poison of catarrh. All druggists sell charcoal In one form or another, but probably the best charcoal and the most for the money Is in Stuart's Charcoal Lozenges; they are composed of the finest powdered Willow charcoal and other harmless antiseptics in tablet form, or rather in th*> form of large, pleasant tasting lozenges, the charcoal being mixed with honey. The daily use of these lozenges will coon tell in a much improved condi- tion of the general health/ better com- plexion, tweeter breath and purer blcod. and the beauty of it is that no possible harm can result from their continued* use. but, on the contrary great benefit. A Buffalo physician, in speaking of the benefits of charcoal, says: "I ad- vise Stuart's Charcoal Lozenges to ail patients suffering from gas in stomach aad bowels, and to clear the complex- ion and purify the breath, mouth and throat: I also believe the liver is great- ly benefited by the daily use of them* they cost but twenty-five cents a box at drug stores, and, although in some • sense a patent preparation, yet I be- lieve I get more and better charcoal in Stuart's Charcoal Lozenges than in cry of the ordinary charcoal tablets." DISEASES OF MEN I . f Onrmo I lrrn«ndop.(<Mlt(fmfthodi < lor the certain arid speed care of Strict are Rupture. Plica. Blood Poison, .>«rv- ••• Debility and Contracted Disorders nave won for as thousands of t^llmo. "1- from patient* who hare been cured. Vari<<o<-«-if. we treat by our Unproved medical vibratory method, ..i re others use the knife. IV* i»« u « a bond a« a ran. t«« to enre all cases we undertake. Ottrim- provett French « --ones lor the treatment of the injured Prostate never fail. Any man suffering from Weak n ess and woo ik d*> velop»d can obtain from us (trr* by mail) , our 10 day 1 special treatment and illustrated 'i chart describing the cause aad effect of Last '■- ' Vitality and Woakn»«». Recent cases cured In one day by the French Dilating «end In-foaling; Method. Corretppndtnce privsl*. Consultation FREE the or. f Mot f co. 1140 HAHSLET NT. Opp. Hate's Sac Francisco, Cal. Speeir: "iLspateh to The Call. a visional or supervisorial power, but whatever its proper designation, it is in my judgment, nevertheless, a power that exists, and one which ought to exist. "6o it is my opinion that the Legis lature, or either branch thereof, has plenary power to inquire into the af fairs of such corporations. Indeed, how would the Legislature know when to exercise the power of reform or amend ment in any law or set of laws devising \eme for the transaction of busi ness without some knowledge of how and with what result the laws already in existence operate? DUTY OF LEGISLATURE. 'I am of the opinion that where com pialnts that are not In such form as to bring them within judicial cognizance are made against such corporations it is the duty of the Legislature to act upon those complaints and give the management of such corporations thorough investigation for the purpose already suggested. "The conclusion necessarily follows, from the view? thus expressed, that il" a matter is ponding before a commit tee of tithe* house of the Legislature of the character described in the in dictment and s member of such com mittee accepts a bribe or a reward as a consideration for influencing his vote, <iotion or judgment thereon, such act brings his conduct within the purview of the law against bribery. "Th^ second point, that the indict ment does not state facts sufficient to constitute a public offense, I believe to be untenable. It is contended that if the Legislature has the authority to make the investigation here mentioned the indictment does net state a public offense because it does not show that the matter of proceeding before the Legislature was legally pending be fore it. "A fundamental rule of criminal pleading is that if the indictment or in formation apprises the accused of the charge which he will be called upon to defend it is sufficient. I think the indictment in this case is sufficient in this regard." SEYMOUR CONFIDENT. It is said that District Attorney Sey mour has no fear that he will be able to successfully resist the points raised on behalf of French and Wripht — that the Grand Jury was not prop erly constituted in that trial jurors were among its members; that there was an alien on the jury and that the jurors were prejudiced and had ex pressed opinions on the merits of the SETTLE FIGHT OUT OF COURT Sensational Divorce Suit of the Gays Gives Way to an Action for Desertion Special DUoateh to Th» Call. SAN DIEGO, Feb. 25.— The divorce suit of Lucille D. Gay against John H. Gay, which ha 6 occupied the attention of the courts here and elsewhere and to some extent the Legislature of Cali fornia, through the charges preferred against Judge Torrance, has been set tled. The papers in the sensational suit filed by Mrs. Gay some months ago were withdrawn yesterday. A new ac tion was immediately brought by Mrs. Gay, in which the simple charge of desertion was made. An answer deny ing the charge wu filed immediately and last night at a special session Judge Conklin granted the interlocu tory decree of divorce, findings being waived by both parties. Mrs. Gay and her sister were the only witnesses, the defense offering no tes timony. It is understood that a settle ment has been reached out of court by the terms of which Mrs. Gay is to be paid $100 a month. The withdrawal of all the papers in the old cape relieves the clerks of the office of the care of several hundred pounds of paper, there being nine drawers full of the complaints, counter complaints, affidavits and depositions. SrBMARINE BOATS WILL MAKE A LONG VOYAGE SAN DIEGO. Feb. 25. — It is expect ed that the coming week will see two additions to the Pacific squadron at present in port, as permission has been received from the Navy Depart ment for the submarine-boats Gram pus and Pike to make the journey to this harbor for the purpose of par ticipating in the maneuvers. Flag Lieutenant Seargent to-day stated that the two boats would come south in command of Ensign Stanley Woods and that they will be accompanied by the navy tug Fortune. The date of their arrival has not yet been fixed. ADVERTISEMENTS. Catarrh Invites Consumption i It weakens the delicate lung tissues, | deranges the digestive organs, and breaks down the generai health. .; It 'of ten causes headache and dizzi- ness, impairs the taste, smell; and hearing, and affects the voice. Being a constitutional disease it re- quires a constitutional remedy. Hood's Sarsaparilla Radically and permanently : cures ca- tarrh of the nose, , throat, stomach, bowels and more delicate organs, and builds up the whole system.! : V No substitute" for Hood's acts like Hood's. Be sure to get Hood's. Testimonials ;of remarkable I cures mailed jon request. a '; J. ; HOOD CO*. LowoiJ. liw, ; THE SAN FRANCISCO CALL, SUNDAY, FEBRUARY 20, 1905. case prior to hearing the evidence upon which they found the indictment. District Attorney Seymour says the assertion that there was an alien on the jury can easily be disproved by the Great Register; that none of the grand jurors expressed an opinion prior to the finding of the verdict, and that the allegation that trial jurors acted as grand jurors is not based on fact; that the entire jury was regularly and le gally drawn. It is the generally expressed opinion that the motion of these defendants to quash the indictJ^nt will be denied and that all four qFthe boodlers will be on trail foi f their liberty before the first half of March has passed. VICTORY FOR PRE9COTT. Speaker Goes to Senate and Wins Fac- tional Fight. SACRAMENTO, Feb. 25. — Speaker Prescott abandoned his high office in the Assembly to-day and went over Into the Senate, where he won a fight In quick order against Senator Leeke, who also comes from San Bernardino. The incident disciosed a pretty fac tional fight, developed over the late Senatorial contest in their home county, with Prescott, who voted for Flint, a prominent member of one, and Leeke, a Bard supporter, the leader of the other. Prescotts bill providing for the in crease of the salaries of certain of ficials of San Bernardino County came up this morning and Leeke said he would like to make certain amend ments. He thereupon cut down the increases provided for in Prescott's measure and provided for increases in other offices. As the bill alone per tained to San Bernardino County the amendments were adopted without opposition. But this afternoon Preseolt, who heard of the action of Leeke, hurried to the Senate and started the fight. It soon developed that- all the officials provided with an increase of salary in Prescott's bill belong to his wing of the party and that those subsequently favored by Leeke are friendly to his faction. It didn't take Prescott more than ten minutes to do his work and then a mo tion to reconsider the vote on the amendments prevailed. One by one, Leeke's amendments were knocked out, the Senate standing with Prescott. Leeke is angry clear through and ex presses the opinion that the incident is not closed yet. WORK DELAYED ON LIGHTHOOSE Rough Weather Threatens Platform Constructed to Facilitate the Operations Work has been temporarily suspend ed on the lighthouse now being con structed on the rock in the harbor en trance that sent the Rio Janeiro to its doom. The water was so rough that it threatened the wooden platform built over the rock to facilitate opera tions, and Contractor McMahon was forced to call a halt in the work, which will be resumed at the end of the month. The undertaking, while a bold one. promises to be a success. The plan con templates the erection of a circular, steel-framed lighthouse, standing upon a base of concrete inclosed in steel. No simijar structure has ever been at tempted on the Pacific Coast. The dif ficulties to be overcome were not ex ceeded even by the famous light at Yaqujna Bay, which almost exhaust ed tfl* engineering capacity of the Gov ernment. Mile Reck stands in the channel at a Bpot where the tides are strongest and the currents most powerful. Ap proach is impossible except in the calmest weather. An average of one day In the week permits access. Work has been frequently interrupted for weeks at a time. The rock at high water presented an elliptical base, having a length of 40 feet and an average width of 30 feet. It was necessary to step the rock to these dimensions in order to afford an anchorage for the foundation. A well ten feet in diameter was driven through the rock down to high water level, with a pumproom at the bottom. No dynamite could be used, owing to the softness of the rock. All the cutting was done by manual labor. From the pumproom a hole was drilled twenty-six feet in length to below low water level to contain a bronze pipe for drawing water for cooling purposes. The erection of a wooden platform was attended with difficulty. On this the first course of the three-eighth inch steel cylinder was put together and carefuly lowered to its place on the rock. Concrete, mixed on the platform, was then tamped around the cylinder until the space vu filled. Another course of steel wu lowered, and after being riveted was also filled, and thus the work has slowly progressed until to-day ten courses have been built up thirty feet in height and solid enough to withstand the most powerful seas. Yesterday the waves washed over the top and work had to be suspended. By the end of the month, weather permitting, the two remaining steel courses with concrete filling will be in place and the platform will then stand thirty-four feet aboVe high wa ter and ready for the superstructure. Contractor McMahon estimates the weight of steel and concrete in the foundations alone at 1600 tons. No wave strong enough to move it has ever entered the bay. Above the foun dation will stand a tour-story steel frame tower fitted with a third class light and a powerful ten-Inch siren driven by compressed air. The light will have a radius of fif teen miles. The tower construction is completed and all ready to be put in place. It is believed that by me first " :'/-'" ; - : . :' •'•'■:■ ... ■■ .'"•.•'■' ■ ."-' '" , : -V ADVERTISEMENTS. - , ___^__________ The Urgent Meed of a Catarrh Remedy. It /%"" ' ' <^^SSSt%&^ i=~ 1 Should Have a Bottle of / /xl '**fryhv 'i/W \ M? - ' i Pertina In the House to Pro- //l^'X^N^i Jr W'''^x^i^SB?&§^^iK '__ ~jj tect the Family Against the /' /^^^^^^^^^^^^^^^^>^ |B^"^^^^ Winter."— S. B. Hartman, iVL D. of next year the new light will shine with welcome beams. BALMY WEATHER ENTICES TENNIS EXPERTS TO COURTS Miss Vnn Vliet and Miss Myer Play Till Dark in the Handi cap Singles. The balmy weather yesterday :.t tracted many players to the tennis courts, which were crowded all day. On the park courts the young ladies participated in a handicap singles tournament for the Cochran cup. The event was not completed. Miss Van Vliet and Miss Golda Myer played one set in the finals, when darkness put a stop to play. . Miss Van Vliet won the set by a score of 6-3. The match will be completed to-morrow afternoon. Mlbs Wegener, who won the last tournament, was beaten easily by Miss Van Vliet in the semi-finals. Miss Wegener was placed "2-6" farther behind scratch than previ ously, and Miss Van Vliet. with the small handicap allowed her, proved an easy winner. The score was 6-3, 6-2. The other semi-final match was much closer. The contestants were Miss Myer and Mrs. Watson. After each had won a one-sided set, Miss Myer took the third by the close score of 7-5. On the California Club courts some excellent practice matches were played. H. Long and G. Janes played a tie with H. Schmidt and H. Rolfe. Each side won three sets, but as Schmidt and Rolfe won three sets out of five, the honors went to them. Long and Janes won the first, second and sixth sets. The third, fourth and fifth went to Schmidt and Rolfe. The score was 1-6, 3-6, 6-4, 6-3, 6-4, 5-7. Another fast doubles was played by Drs. Hill and McChesney and Sidney Salisbury and Grant Smith. The doc tors won the first set handily and in the second overcame a lead of 6-2. This set was the closest of the four. It finally went to Hill and McChesney, 11-9. Smith and Salisbury took the third set without losing a game. In the fourth set McChesney and Hill led at 5-2, but Smith and Salisbury put up a strong finish and won by a score of 8-6. Fast tennis was played throughout the four sets. The score was 6-1, 11-9, 0-«, 6-8. CALL PATTERNS. All orders for THE CALL'S PATTERNS will be filled at the earliest possible moment. It will, however take at least ten days to fill orders, as the Patterns are mailed airect from our Eastern Publishing House. INDOOR TENNIS WILL BE TRIED Many Players Enter in the Tournaments of Coming Exhibition at Pavilion The indoor tennis tournaments, which will be played in April in con nection with the Forest, Fish and Game exhibition at the Mechanics' Pavilion, are attracting unusual at tention. The entry list closed yester day and contains the names of all the best players around the bay. Fifty players entered the singles event, while twenty-four teams will compete in the doubles. When the indoor tournaments were first mentioned many of the players thought it was only idle taik. The committee in charge has been working for weeks and all arrangements have be>n completed. If the floor is put into proper shape and the lights are properly arranged some fast tennis will be witnessed. The game will be considerably faster on wood than on asphalt. The players who qualify will be given several days in which to practice at the pavilion and accus tom themselves to the electric lights and board flooring. The two tournaments will be played dewn to the serni-flnals before the end of March. The singles will be played on the park courts and the doubles on the California Club courts. The semi finals and finals of both will be played at Mechanics' Pavilion. 1 In the doubles an unusual number of good teams are entered. In the up per half are the Baker brothers, Long and Janes, Whitney and Griffin. Schmidt and Rolfe and Long and Gardner. In the lower half are Dun lap and Foley, Hill and McChesney and the Hotchkiss brothers. In the singles the strongest players are Percy Murdock and George Baker. They drew in opposite halves. The drawings, which were held yesterday, follow: Xf Singles, preliminary round — G. ;'• Ba- ' ker vs. C. Skaggs; Major Van Vliet vs. R. Noble; \ Getz vs. Gayness; McLaugh- i liii vs. Haynes; Finkenstedt vs. I Schmidt; Kenyon I vs. Rolf ; f Brabant vs. H. Long; j Miller vs. Allan; F. Adams vs. Lowell; ; Lane vs. '■ Lemon ' Drolla vi. Captain Jewell; Hatch vs. Whitney; M. Long vs. Powell; Janes vs. Martin; ) Foley vs. Miller, Hotchkisa ; • Francis vs. J: j Dunlap ; ? : Palmer ? \f vs. Kuehn; Hall vs. Webster. First round, upper half — vs. Gardner; N. Ba- ( ker vs. Gabriel; Lombard vs. Lytton ; j Code? a bye. First round, lower half-— ' Gorrlll vs. Morton; Parr vs. Griffin; Finnegan vs. Otis; } PPs. s Murdock, a bye. ] ?; Doubles, preliminary round — Bate* ' and Heath vs. Baker brothers; Hall and Sobey vs. M. Long and Gardner; Francis and Lowell vs. Janes and Long; Otey and Oliphant vs. Powell and Lombard; Dunlap and Foley vs. Kenyon and partner; Van Vliet and Jewell vs. Parr and Teller; Brabant and Gayness vs. Hill and McChesney; Adams and Lytton vs. Hotchkiss brothers. First round, upper half — Griffin and "Whitney vs. Drolla and Ga briel; Knowlton and LovegTove vs. Schmidt and Rolfe. First round, lower half — Edwards and Joseph vs. Allen brothers; Code and partner vs. Finnegan and partner. On account of the abolition of his office as returning- officer of the school board elections, H. List of Penge, Eng land, has been allowed 50 cents per annum as compensation. Each quar ter he will receive a check for 12% cents. / ADVERTISEMENTS. :'■ IJm suit cases \wSk SUITCASES ' I will SUIT CASES • The 51^211631S 1^ 211631 display of ; 5 \ :[ ; . :\'"'-*: \'"'-* JjjjjtSdfeaji dress - suit cases ever •■■ S^^?^^^^ own in an Francisco. ! • Wssi^^^^ - All from the best ■ fdc- ' < ) tones in the world. We ~- ' — — — -— jj-j^Tj^^^ fc\/a IvO vi Hj^ ffvim* ■. TWw ( || have a line of LEATHER, suit cases ranging jkv • price from $2.50 to $50.00, something to please : J everybody. Hj '■%':■■ Trunks end bags in end-ess variety. Come and - S see our goods even if you don't want to buy. A. B. SMITH CO. I 116 ELLIS STREET, Wear PoweU : CHOICE OPPORTUNITIES For Investment are brought to your door dally by THE CALL. A number of good proposi- tions to consider advertised In BUSINESS CHANCE AND LODGING-HOUSE columns to- day. International balloon ascents, both manned and unmanned, were made In November and December. 1903. In many European countries (the British islands excepted), and kite observations were also made at the Blue Hill Observatory, in this country. The highest altitudes attained were: Trappes (near Parts>. 16.000 and 14,800 meter*, and Ittevilie ♦ near Paris), 11.200 and 10,800 meters. At Zurich the balloons reached 13,000 and 17 000 meters.