The San Francisco call. [volume], June 29, 1905, Page 16, Image 16

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

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; .Cleanse and renovate" the vital ; fluid (or
! blood)) [ a'ndTihealthfully>*stimulateTeveryv
•bodily function : with i Lash's Bitters. ' * :
•*MURINB : KYk" : REMEDY/ cures" Eyes;
makes AVeak'Kyes Stronc- ?: ; Soothes Kyo
Pain.- Doean't'Smart.-'r.,. •'.•;\u25a0;•% .;••,'::;-*-*:;\u25a0:•;'•;
\u25a0:< WILL. . WORK : FOR . CHARITY.— The i Doc- ;
tor's 'Daughters, '>\u25a0\u25a0 who « purpose ; conducting 1 hos-,
vitals I and | doingj things % I or « the \u25a0 reliefs of :' the .
. uoor tiled -article's { of % incorporation ' yesterday/,
The i dlrectprs "l are : » Susanne t McK weh,*r Jeannle !
M" Blair 'Anna S.TBal lard.. Jean] Pollak.T Jessie i
\u25a0\V. >'\u25a0*-. Horton."iEthel »1: D.-k Sherwood,-' Marie •? B. \
Margo > Helen i U. ; Cooper, ,;- Laura. Lv Guthrle.'
Estelle: S.^ Fenntmore. Gr»r«*J.'.; Miller V and :
Eieanor^Flournoy.;:^ ..-••- _\u25a0.;;\u25a0."• ;. '. \u25a0
:; . ': '' \u25a0--' ' =y ~ '•"*'.'.-\u25a0 - '~ ;- \u25a0 . : \u25a0\u25a0'"'. . : - :\u25a0 .. - v " . .-*'.
Iticrcnscc} •', Mail ; Business.
The' Postofflcei records "•. showy an ".- in-;
crease of firstfclass! mail vbuslnessidurf:
ing:; the nrst^fifteehydaysllh; June" this^
ypar of j 406,900| pieces Joverfand . above;
the ) numbcr,;handled rduringj the • corref,
spor.dingiperiod : ;l.ast ; -year.-v,This-does:
no t* incl ude^ permtt ' privileges or ; adyer- }
tising-Tcirculars.'v^.j; <~»ii.l>C. ;_: •'-.-• '-^'Xi- •
To i l*revent aiTrnicedy.
Acting; • Customs. ,iCollector.:.W. n B.-
Hamilton b instructions " yester r !
da y ; from '; to j have "\u25a0 all , ex-;
cursion T i;pa.ssenser.'Lvessels'' on i Sundays
OTJ holidays * t carefully* examined * to " pref
vent : overcrowding, /especially/oriithe
coming '".Fourth ;:Of • July," 1 the authorities
not ;desiring a disaster, like that ' of the
Slofum." I "'.-.;.',";-'.^^-.-'.' : - r \u25a0 '.
Shoent All ' Sires, 50c n - Pair.
\u25a0•'.Greatest; selection^ ever: offered. ,-:300u
fair's" Ladies' ; ' Shoes,;- lace ; or t * button, ; ? in
all sizes 1 f romj; 3 '• to ; 3 ,*/ s qTcents fa:? pair.
Also 2000 pairs i Satin* Slippers' for '\u25a0 35c"e
pair.V'Abigaotiof^WhiteiCanvasiTles,
same price.
1500 pairs* Shoes; for: men,* 95c "aipair,
In i all {sizes. \u25a0\u25a0 Sale * begins ;-\u25a0; to-morrow,
Friday, • 9 -o'clock? sharp, ; be i on \u25a0 time ; if
you --. want?bargrains./ ! ri Mammonth V' Shoe
Co/,*- corner j Seventh? and; Market streets,
Odd Fellows' building - ' •
.WRIT OF .ATTACHMENT.— A writ of at
tachment , was served yesterday on th« 'Ameri
can \u25a0 Fixture Company, 417 ' Shotwell street, at
the Instance, of ,K. G. Cooney, who holds a
claim against the concern for $ISCO 33.
Report on City Savings : Banks*
The Bank Commissioners have issued
the ; following \u25a0•-• report ton 'ithe '. financial
condition of the San' Francisco savings
banks j based -*o[n^the "; returns of May, 23 :
Resources— Loans i and # discounts,^s37,9ss,
969 06; bonds;and(other,'securities,"s66,
821^620 88 ;' banking house and furniture
and fixtures," $2,327,013 59 ; ' other, real
tate 0wned, '52,531, 07597; ; due from-."ap
proved reserve: agents,: $58,392 32; .due
from "other banks', and bankers. ';. $2,471;-.
291 19; ' money/-! on ! Jhand.^sl,S72,s77 93;
ether y.5555,782 36; .total f re
sources, \u25a0 : $174,626,701 30. .Liabilities— [
Capital t stock i paid in, ; $5,135,000; vsur
plus \u25a0 fund,"^ $6,378,458 01; ; undivided ! pro
fits, less .expenses,-- taxes,. /etc.;' '$500,
929 19 ; ? due' to [other,- banks and bankers,'
$54,342 23; tdivldendsi-unpaid.i $1212 38;
depo3its,x'sis9,BB3,S79 23; other liabil-:
ities,-$2.672.580.26..
£ Have i: : printed, by the Edward / Knowles
Company; -24 Second street," near , Market. ' • ,
Captain Goir Arrested.
' . Alexander Gow, ! captain of. tho Brit
ish steamer Hazel Dollar, was arrested
yesterday by Deputy United, States
Marshal Dlngley. on a charge of having:
allowed a negro member of his crew,
an .alien- afflicted with a contagious
disease, to land. ~ Gow waived exami
nation ? before United States Commis
sioner Heacock and was released on a
$500 bond. •
Killed by a Fall.
Margaret.T. Kennedy of 1590 Fif
teenth street: died yesterday morning
of! lnjuries received by falling, off ;a
chair when sitting .down : to dinner
about two I months ago, ..her ; collarbone
haying -been in : that ,', accident.
Mrs. Kennedy /.was 146 Jyears old. , .
Tbe World's Benntles.
San Francisco has" the: distinction of ha\-ins
within 'lts boundaries the most, beautiful store
In the -world. It Is simply beyond the powers
of description/ a fairy land of dazzling lights,
beautiful- paintings; and. flashing gems.: ,Tna
pleasure "of a visit will'Minger with you al
ways Colonel A. '.Andrews' Diamond Palace,
221 Montgomery street, bet. Bush and Pine. •
„ .' * "Charged .With Forgery.
Frank L Turner of .the" Hastings
.Clothing Company.' Montgomery and
Sutter streets, obtained; a warrant from
Police Judge' C6nlan yesterday for the
arre6t of Carl"Saunder* on 'a- charge of
forgery. - On; 6aiurday r . «_£aunders pre
stnted achßckto^Turner-drawn on the
Sari Francisco National Bank for {12,
purporting to be signed by Tillmann &
[ Bend el and payable- to Saunders. The
check was cashed by-Turner. .. Tillmann
Bendel said they did 'not. know'Saun
*ders arid that their signature was a f or
rery.--' c ;
'.P. B. Johnston, cashier of the Grand
Rapids Furniture Company, obtained a
warrant from Police, Judge Mogan for
"the arrest of Fred Sherwood on a
charge of forgery. -"He .; alleges that
t Sherwood on Saturday purchased $36 30
worth of furniture, ' giving Jn payment a
check for $76 on the California Safe De
tposit and Trust Company, purporting to
be dgned byL. Wagner & Sons, and re
jCelved $3S 70 change. . The signature of
L." Wagner & Sons was forged.
Kelly pleasant greeting when. Mrs. Kel
ly suddenly " swooped I upon her .' as ; a
hawk swoops upon s'n oblivious chicken
—the simile being farther strengthened
by the taionlike crook of Mrs. Kel
ly's finsrors— and clawed at her
tresses, which had been arranged in
graceful, serpentine . folds, until" they
were matted disorder.:, ..."'\u25a0"..
Mrs. Kelly's plan of, defense, ••'\u25a0 if sho
has any,- could not : be' ascertained yes
terday. But the case promises -to •\u25a0 de
velop much iiiird : swearing on both
sidea. ;-".-"";v. . .;: ' '.---• : \u25a0-'\u25a0'\u25a0 -. ». . •
"Why \u25a0 did this cop '. pick '-me to be
pinched?" \u25a0 Miss Rose; Hill, .'arrested, by
Patrolman/ Duffy' in" a : Plne. ; street lodg
ing-house, of.' shady repute, and booked
for vagrancy, asked Judge Mogan. ;
"I cannot answer with deflniteness," his
Honor affably said; "but 1 in the balmy
month of June it is customary for 'cops,'
as weir as other folk" to pick roses."
Ba lift Mahoney's : gavel dropped from
his hand and Clerk Gray's inkbottle roll
ed across and ruined the , morning ! cal
endar. .
Louis L«. Lewis, : who held up and rob
bed "Mrs. Carrie Wells of a gold watch
and 'pin and $5 cash and then brutally
struck her down,, was. committed to the
Superior Court by Judge Mogan, ' \u25a0• who
fixed bail at 110,000. ; ; Mrs. Wells \u25a0 was
waylaid! on Fifth; street, ' near ;' Mission,'
last Saturday evening, as she' was going
from her home to a near : by ; grocery. Her
assailant was captured by Patrolman Cul-'
linan.
VWe .were . having aya v little" drink In a
grocery at Fourth - and Harrison," " said
Miss Ldllie Ky te, : who had : . Richard W.*
Condon arrested | by.' complaining that he
had ; stolen - a , diamond \u25a0\u25a0 stud f rom v her,
"and "•; he borrye^ my ; stud ' and : wouldn't
return it."' "\u25a0 .;"-.' ' ','\u25a0- .\u25a0'; ' ; ;;\u25a0';\u25a0 -":'. '
"It was all a Josh," Mr. Condon plead-,
ed, "and she's got :the sparkler now.":
"I don't want to see him Jailed," i Miss
Kyte lisped. :\: \ '-:/.-; ;V:
. . Nor .would she swear to a , complaint
against, him, so there was nothing. else
for his Honor Mogan' to do than dismiss
the case. . ; :\: \
Mrs.' Otto Wilson, v* who . : her
husband of failure to: provide for I their
minor son, told Judge Mogan i; that her.
husband's; landlady,': Mrs ."."; Nicholls, fed
him so \u25a0 well ; that v he . acquired hauteur,'
embonpoint f and \ a Y penchant ; f 9r,; neglect
ing his paternal - responsibilities. '-The fat-;
ted;;one was. ordered 'to contribute ; $25, a
months to \u25a0 defray the * cost ; "of $ his If son s
maintenance until \ such ;, time as the •\u25a0 lad
is able ; to take care of . himself. ;! -_""'.
Mrs. George Gardner, averred that drink
was ; the cause of .her,' husband's 'failure
to .support "his- helpless : family^ofjifour/
He : is iaibbokkeeper.^andr dwells Jat} 815
Post street. 'Judge "Mogan will; sentence
him to-day.f|3Eßii
Robert Carlisle,, a bartender, denied I his
wife's j accusation \ : that : he l :,' deliberately
knocked out = one'of • her ; front* teeth. ? ; He
said j that she i raked • his • pockets • and ; ab-"
stracted "\u25a0'.- coin'!! while £he :X: X slept, 1 and 1 that
whenj he awakened ;, and ' remonstrated < she
laughed ' In*, derision f arid '-delivered j a cur
tain - lecture which j he > tried : l. to stay \ by,
placing : hisi hand : upon] her.' ni6uthT:,where-*
upon * she • chewed • one of \u25a0 his I fingers -until
she "dislodged : ;' the / tooth ' : which '% she'i'ac
cused ;him iof .out. !; Judge >Ca
baniss [ ; will "^hear \ expert ; dental \ testimony,
next Saturday;;; .";': •;' ;- l; , ; :. . - .- "i'y': : ~;
':\u25a0 *It Is rather taking: advantage of the
'public's good -nature .'to ask them to
boycott something that they really
want, and that, too, without telling
tbem'"why," and: yet this Is- what the
"Rainier" «trikers are doing. ; . • •
The officials of the Ocean Shore Rail
way Company appeared , before the Su
pervisors' Street Committee yesterday to
urge Immediate; action on its petition for
a fifty years' franchise to operate a rail
road in the 1 Sunset and Richmond dis
tricts to connect with the main line cenr
tering at- Army and Illinois, streets. As
there was no quorum- present no action
was taken, but . the officials were advised
to ' arrange a V conference with their" en
gineers and the - City Engineer for the
purpose of settling; upon the preliminary
street 'surveys ; and alignments on the
proposed route. ! The committee will con
sider the petition at next Wednesday's
meetiftg. The company has already ap
plied to the City Engineer for. a map of
the various official : street lines.
The committee postponed for one week
consideration of the offer of : the Mer
chants' Cold Storage and Ice Company
to furnish 1,000,000 gallons of salt water
daily for sprinkling -the^ public streets.
It; is planned to secure from the. United
Railroads- one or two; sprinkling cars after
the necessary pipe "connections are made.
Superintendent of Street Sweepers Cow
den requested the committee not to take
any money away from the street-sweep
ing fund for t be purpose. Cowden said
that the appropriation 1 of $215,000 -was
barely sufficient; ;to sweep the- streets
properly and that only twenty-five sweep
ers are at work this ; month. Supervisor
Boxton" "suggested that \the\ use of the
salt water would result in 1 a\ saving of
$500 monthly • now % paid to : the Spring
Valley Water* Company for fresh water.
In all likelihood . the offer will be ac
cepted. -- Tirey L. Ford informed the com
mittee" that the United Railroads uses
sprinkling cars on the San Mateo road
at* present and has no other cars for the
purpose. «i:
An opinion of Importance to material
men, contractors and mechanics.' was
handed down yesterday by Judge Seawell
in the suit of Jocelyn against Arnold, lr£
volving the question of lien growing out
of . the abandonment by Williams Bros.,
contractors, of work on the home of
Robert Oxnard on Broadway, near Bu
chanan street. Judge Seawell goes fully
Into the lien law of the State and con
cludes with the opinion that section 1200
of the Code of Civil Procedure is uncon
stitutional.
At the time of the abandonment of the
work by Williams Bros., Mr. Oxnard had
paid 53130, 0n the total contract price.
$16,270. Immediately;, thereafter Hens
against the building were filed, aggregat
ing in all $10,000. ; Mr. Oxnard then fin
ished the building, depositing with tne
court 51566 15, the difference between the
actual. cost "and the contract price. The
case then went to trial. .
The* code section Judge Seawell holds
unconstitutional provides that when a
contractor fails to complete or abandons
his contract .before completion, the por
tion of the contract price applicable to
the liens of others than the contractor
shall be fixed by deducting from the value
of tho work done and materials delivered
on the ground; the. sum of money paid
and. actually due at- the time of aban
donment—the materials on the- ground
thenceforth', to .be- the property of .'the
owner.M. '...' , !
Tho court holds that the contentions of
•Mr. Oxnard should be sustained, and in
passing upon section 1200 asserts that Its
language Is uncertain an%T difficult to In
terpret; that" an 'abandoned, uncompleted
building is not worth Its proportion of the
total contract price: that the owner
should not be obliged to accept the mate
rials delivered on the ground, and,
finally, that the sum to which the mate
rial men and mechanics should be limited
is.lo be obtained by deducting the reas
onable cost of tne building from the con
tract price, the* owner having the . privi
lege " of completing the building himself.
The : theory of ' this _is that the owner
should not be called , upon to pay more
than the i original contract price for his
building. . - u ? i^« ifjjßffiggHßg
• Under this decision the court held tliat
Hen-holders were limited In their recovery
to the fund of $1865 13 deposited :In court
by Mr. Oxnard.
Officia] s of Ocean Shore Eail
way Company Will Consult
With City Engineer.
Superior Judge Seawell
Hands Down Import
ant Decision.
ACTION IS UEGEI) ON
FRANCHISE PETITION
HOLDS LIEN LAW
UNCONSTITUTIONAL
Sapran* Court Afflrmi Jn«J«rment In
Case of One of Policeman Eugtnt
"\u25a0\u25a0 . noblnaop"* Murderers.
• ; Frank Woods, one. of -the felons who
murdered Policeman Eugene Robinson
on- Valencia street." . January 20." 1902,
was denied a new trial- by the Supreme
Court .yesterday. After the thirty days
.granted ky law the criminal will be re
sefltenced to be hanged.
'.'•\u25a0 Woods in company, with Goucher,
"KaufTman. Kennedy, Courtney and Hen
derson attempted to rob the vault at
Cypress Lawn Cemetery. When they
.had failed in their effort they returned
to the fcity on one of the ]San Mateo
tars and alighted at Valencia and Mis
eion streets. . . "
.: They .walked ' down Valencia street,
discussing .the advisability, of robbing
a coal and wood establishment, until
they were halted by Robinson. A pistol
light ensued, ending In the death of the
.'policeman. Within three" years ajl of
the criminals 'have- been brought 'to
\u25a0 Justice. / Henderson 'alone- escaped
through. turning State's evidence.
HIANK WOOD* MUST PAY \u25a0
'.: ;\u25a0'/» PENALTY"- WITH 'HIS LIFE
Dr. Arthur CW'toelsi *»»• removed, from Pfce :
lan blig. to 1202 Butter rt.. NW. cor. Polk.
Bridre work and parcelala. S«nd for booklet.*
"He doesn't know how to earn an
honest livelihood and wouldn't earn it if
he did know how," was the estimate of
John Warned's character tendered by
the patrolman who had arrested him
for "stealing a sack of sugar from the
wholesale grocery of Wellman, Peck &
Co. on' East street, between Pacific and
Jackson, last Tuesday afternoon. .
But the .accusation of theft was
sturdily combated by Mr. Warned.
While sauntering past the grocery, he
informed Police Judge Conlan, a
stranger accosted him with an offer to
bet 50 cents that he, Mr. W., could not
lift and carry a sack of sugar which
lay upon the sidewalk. > Proud of ' his
muscular strength, Mr. Warned prompt
ly accepted the wager and was in pro
cess of winning it with ease when two
clerks from the grocery compassed his
arrest on the charge of stealing, his
burden. "It was a most absurd blunder
on their part," he declared.
"Who held the stakes?" inquired his
Honor. ':%\u25a0;• '
"The man who proposed the bet,".re
plied Mr. Warned.- .
"What became of him?".
"I'll give It up."
'Twas then the policeman put in his
estimate of Mr. Warned's character
and supplemented it with the statement
that he had "kept track" of the man
for- several years- and was therefore
qualified to know whereof he testified.
"That bet story Is rot," he concluded.
"I think so, too," said the Judge, x
Mr. Warned will be sentenced to-day
for petty larceny. .
George O'Brien, who was shot by
Samuel Cohen because he would not
pay $500 in return for his alleged
alienation of Mrs. Cohen's affections,
Informed Judge Mogan that he did not
desire to file formal complaint against
his assailant. / ; ;V^ > *; V
"Why?" the Judge asked.
"Well, because — because— my mother
Is sick," was the stammering answer.
"And you want to -be constantly by
her side, I suppose?" said his Honor,
dryly. ; S?-*:f
' "Yes, sir." .
"Well, we'll take and transcribe your
testimony right now and thus obviate
the necessity of your coming here
again," was the unexpected proposal.
But still Mr. .O'Brien balked. Then
the -Judge sent for Detective. Ross
Whittaker, who had , worked up the
case, and requested him to swear to a
complaint, but Mr. Whittaker. also de
clined, to "do so, his stated reason be
ing that other police o/flcers knew more
about the shooting than he did. The
Judge thereupon ordered that subpenas
be Issued to Patrolmen Mitchell. Cor
nelius and Hostetter and that Mr.
O'Brien be detained in custody as a wit
ness until the desired complaint be
filed. To this ruling Mr. O'Brien en
tered demurrer, but the Judge stood
firm and declared that the case would
not be "fixed" -if . he could prevent.it.
Mr. O'Brien's' obstinacy n^elted ere he
was jn custody half an hour/ He sub
scribed to the complaint and was re
leased,- and then -the case was set for
hearing to-day.
Cohen Is at liberty on $2500 bail. His
shooting of O'Brien, who is a build
ing contractor, occurred one evening
about six weeks ago at Golden Gate
and Van Ness avenues. Three bullets
were pumpedinto O'Brien's body from
a 22-caliber revolver, and to the small
caliber of the weapon he owes his life.
As It was, he spent several weeks In a
hospital, where he stated that Cohen,
after accusing him of paying undue at
tentions to Mrs. Cohen, demanded $500
as balm for his wounded marital honor,
and' began shooting when his demand
was rejected.
J. Walter Laymance forfeited the
$200 which he Lad deposited as security
for hii appearance before Judge Caban-
Iss for examination on the charge of
having instigated the plucking of a
peacock's tall . lv Golden Gate Park in
order 'to prov.lde Mls's' Lillian Winters,
his companion in an automobile, with
a feather, foV.'.'whiclißhe had expressed
a covetous-, yearning. .'Floyd Free, the'
chauffeur, was caught in the act of
robbing" the. jtaudy bird, and when Mr. :
Laymance abandoned him to his fate he
turned' In' retaliation and swore to the
complaint- which, cost -that gentleman
1200. Mlm Winters, who is of tho
underworld, may not; bo" called to ac
count for; her. primal instigation of the
outrage."^.. - \u25a0 ..-.
.-.-.\u25a0 -. . ;\u25a0. vj.i •>;.!• • •• \u25a0 '
Albert Ewlh? Watterson, son of the
famous Louisville editor, was given
enhanced' opportunity- to regain free
dom "by dbpositlng S£so cash "ball. In-"
stead of the f 5 OO originally fixed by;
Judge; CbnlaiK'/ilel us accused of strik
ing' a restaurant, waiter on the head
witri-a'clnb.tund'hls.plea to-day will
be- that of:Self-defftnse. . .
\u25a0\u25a0" \u25a0-" '"/*v-. .• ' • • • \u25a0
.;.,'N«IHr- with a.'-blacKteye semi
conceale/t^bylhrt", tilt 'of; her narrow
brinimc-d/black straw, hat.- told . Judgo
Conlan thjitKlie was married three days
ago, and-.wouM be everlastingly, obliged
to him if he would permit her tcreturn
,to the a/itivf tfuardjanshlp of her three
young children.- 'When the; court ral-'
liw! ' from f the j effect of '\u25a0 Mvs.'9 Fritz's
confoßßlohTof maternity she was asked
If she had-iever. been led tothe. hymeneal
altar prior : to.threo days -ago," and she
\u25a0ca.ndidly"ahs\verfd'Jn the 'negative/ Arid
to ; save her' life.; she averred,- she could
; not remember he r; husband's . name,' but
could soon obtaim'it' for; the; Judge's'
enlightenrrentifho would allow. her «to
<• do,, so. _* Her, spouse was; of ;< ltalian
j birth ." and [ a'\u25a0 bootblack ; by .' profession,
l.aadv those .."-dago";; names -.were' so ihurd
[ to/keep in'one's mind that, his 'refused
\u25a0• to'- \u25a0"remain": in * her .memory \ any/longer
j' than'aii Instant' af ter. it was spoken.* Pa-
JAMES C. CRAWFORD.
trolman. Skain had arrested Mrs. Some
body (nee Fritz) on the Barbary Coa.st
and ; ohnrged her with vagrancy," and. it
was with lntont to disprove the. charge
that she pleaded wifehood. She was
remanded for further investigation.
Mrs. SchroeOor was sitting Uipon the
front porch nt her dwelling: at Thir
tieth and Church streets, when Mrs.
Annie Kelly approached her, and, with
out word of warning or sigral of In
tent, grasped her coiffure ;md hauled
and tugged and twisted until its owner
crici aioud in pain anil affright. .Then
she was subjected to much oral abu3o
from Mrs. Kelly, who. Mrs. Schroeder
and othe.r lat!ios v^ of the neighborhood
are eagerly awaiting opportunity to
swear, had been tippling to excess.
These witnesses, also Patrolman Das
mar, who -arrested Mrs. Keily and
booked her -for piece disturbance, will
bo given hearing to-morrow by Judge
Mogan.
From testimony, already .adduced, it
would appear that Mrs. Kelly had re
ceived no. provocation whatever from
Mrs. Schroeder for the hair, .pulling 1 .
Mrs. Sohroeder was plyiiur her knit
ting needles as Mrs. Kelly advanced
upon h.jr. and Mrs. Schroeder's de
meanor was ns pacific as Mrs. Kelly's
mood was hostile. Indeed, Mrs. Schroe
der had parted hex- lips to give Mrs.
The United States Circuit Court, the
California District Court of Appeals and
the San Francisco Superior CourJ were
all called upon yesterday to take action
in the fight' Attorney George D. Collins
Is making against prosecution on t'ne
charge of bigamy. The over-married law
yer | lost in two attempts to delay • the
loipenfllng trial and «rot .bail in the third
tribunal.
In the morning Marshall "Wood worth,
of counsel lor- Collins, appeared before
Judge Morrow of the Circuit Court and
applied for a writ 'of habeas corpus on
the ground that his client was unlaw.
fully restrained of his liberty in contra
vention of the constitution of the United
Etates. -Ho .maintained .that if he had
committed "bigamy, fbe offense was com
mitted m^Chlc&go, where he married Miss
McCurds*. and was consequently out of the
Jurisdiction rot the 'courts of California!
Judge Morrow denied the petition for a
\u25a0writ and refused the request, for' right
to appeal -to the United States Supreme
Court''::V' \u25a0''' •
At noon Collins appeared before Judge
La wlcr and asked to be released from
the custody, of the Sheriff on bail. The
Judge accepted bonds for 53000 "furnished
by Fisher Ames and James Kelly. '•?'-
In the afternoon the State Court of Ap :
peals denied Collins" petition that the Su
perior Court be restrained from proceed
ing further with -his trial on the ground
that the Grand Jury which returned the
Indictment was an Illegal body*
The wily 'defendant keeps the prosecu
tion busily engaged In following himself
and his assistants through the devious
legal paths which he hopes will lead him
to 'freedom.' He carries some technical
point to some higher. . tribunal . nearly
«very day and thus .delays the final
reckoning. * *
Proceedings in contempt , against the
San Francisco Labor Council and the va
rious unions of brewery workers, against
whom citation was issued upon affidavit
of the Seattle Malting and Brewing
Company, was continued yesterday by.
Judge Murasky until; this morning for
hearing. \u0084The respondents were present
with their attorney, but the court ' de
cided "to first" dispose of the petition for
Injunction against ; the ; Cooks' and the
.Waiters' unions , filed iby A;: J. . Kasta,
owner of a restaurant "at 21 Sixth street.
On behalf of the petitioners It was ad
mitted that the cooks and - the waiters
had the right 'to quit work if they so
desired and to make a condition upon
which they would remain at work that
they, be not required to work with non
union men, but there their rights ended
and they committed a breach of the law
the moment tuey instituted boycotts,
placed pickets and endeavored to harass
and intimidate j the employers. '
The claim was made on behalf of the
defendant unions that they had only
used peaceful -means in an effort to at
tain, their end, but this claim was met
by counter affidavits of the . employer.
Upon this joinder of issues the argument
proceeded. T. C. \an Ness, who repre
sents the plaintiff and who, is associated
with Aitorney Bush : Finnell ln^ the pre
sentation of the petitions for similar re
lief filed, by a score of employers, first ad
dressed the court. \u25a0. \u25a0
FOLLOW' ENGLISH CASE.
"The courts of America," said Mr. Van
Ness, "ere now advancing in cases in
volving the questions here raised along
the lines of ti.e rule laid down -n Eng
land's highest court. The iirst case that
reached that court included . the question
of the right of^employes to cease' their
labor, in a body, to /strike ,' as it Is com
monly called. In that case the men had
quit their employment owing to; the. fact
that non-union men were given work ; be
side them.' As they were persistent in
their stand that -.they would . not i return
until . the non-union men were discharged
the employers were finally forced to ' dis
charge the non-union men, the services
of the union men being the more valuable.
The discharged employes, carried the case
to the courts and upon this action the
opinion of the higher court was founded.
'.'The court held. that employes had the
right at any and all times to quit their
wor^kand walk -out ..in a body and . that
they ; also had the right to say upon what
conditions they would remain in the em
ploy of any person ; or firm; their right
to even demand that non-union men be
discharged as a condition upon which
they would remain at their work not
being questioned. In other words, em
ployes, held the court, could place; any
condition they desired upon their posi
tions, and had the, right to quit their
work if the conditions so imposed were
not honored in every way "by the em
ployers. *
CO BEYOND RIGHTS;
"Emboldened by this decision of the
highest court of their land the English
union members went ; further and 'finally,
when their demands as -to.' the. discharge
of non-union men and higher wages and
shorter hours' were not granted, they
proceeded with the; boycott, placed pick
ets-and sought to intimidate to -attain
their, ends.; This ""case '.was carried to. the
upper court and here came the decision
upon which the' courts of 'America now
base theirs. .
"This decision was to the effect that
ev«n though it were true that,, employes
had the right* to name: any conditions
they^, desired; to even demand .the dis
charge of. non-unionvmen under threat
of. a walkout, their rights ; ended ,in
event tlfelr demand, was denied ; when
they exercised their: right to; walk out.
After walking out they had j done all
they . could legally do" and the court
firmly held that they had' no 'right! to
boycott,, to picket or to; intimidate; -.they
might walk out .as -. they pleasedf but
there their lfgal right; to injure ended.
"This is- the theory upon which we are
proceeding in this case*," continued Mr.
Van Ness. "We do ; not for a" moment
question the right: of the cooks aiid f the
waiters to quit their employment -at any
time or for any reason they please.
After they ' have quit, however.,' we hold
that there their; rights; end and , that in
boycotting/ picketing "and Intimidating
others who have; taken .their place we
hold they violate the la w^ and should be
forever enjoined , from . pursuing such
tactics." . : , \u25a0 '' \u0084" . . ..'.'\u25a0
MARBLE OUTLINES STAND.
; Attorney Marblo f - who represents the
unions, said that while ; lt- was true that
pickets had been stationed tin : front; of
tho*! restaurant ' of the =">. petitioner.:, and
others they had! committed no overt acts
and had conducted themselves ; In ; a quiet,
peaceful manner. \u25a0 « ' . \u25a0 '
"Picketing^ If 'quietly -carried on, can
not ba declared a nuisance," said Marble.'
"It cannot be declared a nuisance because
people are stationed on the sidewalk, be-;
causo It is a presumption of. law. and Is a
fact.' capable ;qf j proof ; ; that' people":* are
standing t and . passing -.up - and '•' down J In
front of restaurants on the public .streets
at all hours.". ,', ' '. " . -. •
/But you will condede, "will you not,"
asked Attorney .'Van' 1 Ness/ '-'that -people
cannot combine^ to injure a person's
business?!' "
"What;- we ; concede,".^ answered ,; Mar
ble, "is that : labor unions £ have "-no
right ; to *: combine S to "\u25a0* exercise '.-.- unlawful
acts , against .the ; proprietors f of : ; places » of
busln«ss^7.We J hold .that 'in the 'case at bar
the i defendants >';.were~j notY exercising ; un
lawful acts, but " were C fully ' within ' the
spiritVof i the: letter Vof Uhe'i law. V> ;
v "It; seems -to jme,"', answered Van Ness,
"that ' the ' answer 'consists alone : of words ; :
itiis .not* argument." .',".-' .-*
This .concluded- the \l discussion and the
case was taken \u25a0 under 'advisement. J
Attorney Has a Legal Move
With Which' to Postpone
Trial Every. Day of. Life
Attorney; T. G. Van Ness
) Points Out the Line :Where
Rights of the Unions End
Claims HeWasOnly
Sized Bet.
Winning Small
LOSES IX TWO COURTS
KOSTA'S SUIT ISiARGUED
Three Tribunals Are Asked
to Take Action in .Case
/. of Over-Married Lawyer
Judge Miirasky Sets tlie Ci
tation Against Labor Goun
cil for Hearing To-Day
Steals Sack of Sugar
and Is Captured
With Loot.
COLLINS HAS
A LIVELY DAY
CONTEMPT CASE
IS CONTINUED
THIEF'S SPECIOUS PLEA
SCOUTED BY WISE JUDGE
the;;san {francisco :CALL,\ THUKSUM,; jy^^: ;- y .'^ 5:
16
100 FREE PRIZES
I . . .\u25a0 • \u25a0
In this arfcle is a misspelled
'.word. Fini the word and we wi.'l
mail a 25c. box cf "Vigorets" free
t o the firs I 100 correct rep! ies.
;... People .who are ] troubled with . habitual /con-
stipation, . blllousresa. sick 'headaches, loss of
appetite.' dyspepsia,^ IndiKestlon. , gour . stomach.'
heartburn. "^ foul ' breath, j pimples ~] sallow
complexion should use : "yiGORETS." the . tiny, j
"chocolate-coated J tonic -' laxative .tablets.' Thsj:,;
have ; recel\ - ed , the ; hearty: endorsement of „ the i
medical j profession, and ; the ; beat ' physicians i
'everywhere "are prescribing theml One tiny \u25a0
chocolate-coated VV igoret" ; taken .at ' bed time
move's "t.the • bowels ': eently , each ' day^ and , ; -will !
fpermaheatly "cure . chronic ; constipation." : . They '
areTsold '] byj all druggists ; In \u25a0 25c ' packages (SO !
"ta.blets)s*andi"alsOrtin';:seperate ; ;loc trial size
packages I (15 1 tablets).' :; /Address ; your \ answers
(meritloningUhid' paper) to THE ADAMS C 0.."
S._F.."Cal.' :" ' "..,'" ..,' .. '\u25a0- ; :
L. NEWMAN. President and Manager.
39 STOCKTON ST- AEAK MARKET
TELEPHO.\E 3IArV 5532
Whether at home or on your outing trip,
remember this U the p:ac«a to get your gro-
ceries. Best roods at lowest prices alwajs
prevails. - " , ;
THURSDAY, "FRIDAY AND SATni-
DAY SPECIALS.
Creamery Butter, per l^i-lh. 5q..33c
per 2-lh. square '. '.;-. . . .44c
From one of Humboldt's best known
\u25a0 creameries. " . . - *
Fresh Ranch Eyg«. per dozen. ...25e
; Larse,^-whtt»;Sant*.Rosaa.\.- .- c , r«
New Crop -Teas. All Varieties, lb. .35c
•-" Reg.* 50c. This ' special is much \u25a0 sought
".; after. . »a
Nablieo Wafers, per .tin ........ 33c
Res. 30c All flavors.
Lownty'n and Ghlrn rdelll's "\u25a0 Coeon,
, per tin .....*......;...":." .'.3oc
Keg. 23c. . •••••••.••••-«' c
Toniene Sausage and ; Blood Sanaaare,
'\u25a0 • per tin . ; '. .... .". . . .-. ; . .- v. ; ; . . . 20e
:'Re»..BOB. .Made- by Blaklnatelai. HalSer-
V stadt.
New Evaporated Apricots, per la>.loc
Ree. 13c. This Is \u25a0 th» tuns to lay la your
supply. -
'French Sardlnea. a eva for 25c
Rer. 15c can. Pack»a tn pun» ollr» oIL
Islnnd Rice, per lb .t. ...5c
Rey. 7c. Large, white kernel.
I Shredded Coconnnt. per 1b... . .13c
Rey. 20c. •
Orlffln'i Solid Packed Tomatoes. 3
cans for ..;... ...... ....23c
Reg. 10c can.
R. S. V. P. Salt. 5-1 b. packaso.... 15c
Reg. 20c.
Family Bonrbon, bot. Wet «ra1..f3J50
Reg. T3c and $3.
Hermltase Bonrbon and Astor Rye.
per bottle OOct 5ra110n . ...... .94.00
Reg. Jl 25 and $3. "We citer rtrlctlr to
family trade. >
Claret, per eallon .... .40c
Reg. 50c . Excellent blood tonic.
Pnre Frnlt • Syrnps. per bottle . . . ,Ssc
• Reg. 80c Raspberry, strawberry, grena-
dine, lemon, pineapple. -
Experienced packers. Freight * prepaid
within one hundred miles.
BEAUTIFUL
MILL VALLEY
FOR.TV-FIVE MINUTES
FROM MARKET STREET
Schools, . churches,^ ;olenty of
fresh air, raaghificentjscenery.
Lots, in Schlinjfihan's Addition,
io per cent . down," balance on time
to suit. •' ; -."• "• '
Write for- particulars to agent,
Schlingman's Addition, Mill Val-
ley, Cal.' 4,-7 ,
. . . . THE ....
Los Angeles Times
San Francisco Office
1* located In
R00M .,. 10, CKROjnCXE ; BTTILDING
ARTntJR L. FISH, Representative.
. . If you -would do effective "ad vertlslnsr
\u25a0In; the Southwest, drop a line to. the
above address 'or \ telephone Main
and our representative will be pleased
to call on' you with full Information as
to rates, etc.;
THE* SUNDAY TIMES, with 36-paga
magazine. ,<2.5Q a; year.: by mall. . r
DiaECTC'RT,OF .\u25a0RESPOSSI'eLE' KCUSES.
\u25a0sBbSBSb9IBHEbbI ' " \u25a0 J>
Catalocue and Prive I.IMtV Hailed on
\u25a0'\u25a0 ' * \u25a0\u25a0'. '\u25a0 -Vi>pil«-»tl«»ri. • ; -:'• *'" '
\u25a0. r .-oii,.s.'r.--- \u25a0 - \u25a0' ",'
LUBRICATING . OILS : LEO^CA RD &'& ' ELLI3.
i+*~ 41S Front «t..-S..F.- Phong Main 1713. _
PKIXTIXG.
1. I-.tUUCj, 511 3andome «t_ a. r.
""' : \u25a0
Wais t s== A Magi c C i rcl c
<3^g-/~"l™ .always think of lower prices When they think of *jp >^«/>^
' . <<^^^^^-C Hale" quantities. (VVouUln't you if you could sell . f^ifiUn f: lTllL^\
/^tC\\v^ff\' \u25a0 ' ' tnree " and four and rive times as much goods at a ( jf//,fww|/ ; // JO \
C^ll^\v^%\^- ;time?), That's why the waists are 75c, but-they y{;OT| '[/Iv^A
% \u25a0\u25a0aren f tregular7sc"-waists. . ." . (1 }[f f .} 7 A^I A
X^J^m\\\V\VMtw'C\ Better -- materials, better making and prettier Hi ml •: if'W^^]
/ \u25a0\u25a0'\u25a0^^\ VmIIIP^^' "'"\u25a0 individual -styles. That's the rest of the secret. iff f y V
I N^\ Some are in. a window. We want as many as pos- fl^^Viiw^'^w/
\^vS<sMfMßrflM£'S» SX- only white lawn waists, but black lawns, white 7; \ y f?l\/ui/
W/7 iff Mil™Sfl¥« '7 lawns witii black dots, white and black cheviots with blue K^J> "* -•
if n w'Tfli'wi^fe>>^ an S r een embroidered dots, poplins, cotton voiles and Jap ISjP^
Tablets, 5c m Freezer, 98c ' Remnants
About- 6000 tablets at this 5 Quart size; just handy to All short ends of the preity
one price. No wonder tablets make dainty warm weather wash goods that have been
are better than we have, ever desserts. Little rust spots do keeping us so busy the past month
, \u25a0 . - 1 • are out on a table to-da? way under
known at SC. . not prevent It from being One even their former low prices.
Pencil tablets with 200 pages of the quickest and best freez- wS^/ y .S. p iSt'enSh ? to?sߣ
of '. good paper, letter size. Ink ers made, but they do prevent -.
tablets, all sizes, rough or the • price from being a half Belts at 10c
smooth finish. 'Finer paper more." That were made to sell at 25c.
and more of it to the tablet. 2-qt size, $1.48; 3^ $1.75; a^'^in JS^Vi^'SSrSSK"
We give them an entire table in 6 qt., $2.05. • , ed effects, finished with pretts
front of the' elevator, main lloor. \u0084'-f ' "" buckles. Here In blue. red. black and
Many will see the greater economy of brown. 10c. •
buying even a dozen tablets for later t&^/MT^dWf *7W/ f*\ ' —^~
Flags for the Fourth on the 1m *i*%qd£^^ Hose 6c foot -may prevent
third floor. '\u25a0' Market Street, Near Sixth, S. F. ' lots" of fires on the Fourth. .
WHO'S YOUR
TAILOR?
ARE you particular about
the style and fit of your
• clothes? Do you want them
j made from the latest fabrics
by the best tailors? If you
* think \ these things too ;
• trifling' for your considera-
tion, then, of course, we sup-;,
pose your next suit will be
. a "ready-made." .-But if you
want clothes that look well,
I 'fit well feel well, and. wear
well at moderate prices, let
us make your : next. ;v It
makes no diflference whether
| you've got the cash or not
— your promise to pay looks
good to us. • • \ •
$1.00 A WEEK
A. B. Smith Co.
K6 ELLIS STREET