Now New Yprk has declared that ver
tical handwriting, Syhich'. the schools
have been struggling for years to; mas-:
ter, must go. Read of the new style \ in';
The Sunday Call
VOL/JME. CL— NO. 68.
Oakland Victor in Battle of Decades
Jerome Batters Thaw's' Defense and Delmas Furiously Secures Control
PRISONER'S FATE
IN HANDS OF
QUARRELERS
Excited at Reverses, Coun
sel Clash and Californian
Emerges the Victor
DISTRICT ATTORNEY \u25a0
CARRIES BIG POINT
Court Refuses to Hear Tes
timony Regarding Sanity
of Collateral Relatives
NEW YORJC'Feb. s.— "lt's a
farce, an infernal, damned farce!"
Thus did D. M. Delmas furiously
characterize the defense of Harry JC
Thaw, as conducted by Attorney
John B. Gleason today. And as fu
riously as he vented his opinion Del
mas demanded control of the case.
Astounded at reverses that nearly
spelled rout for them, the associates of
Delmas were in no spirit to oppose him
and lose him from the case. So Del
mas wins.
In consequence of serious dissension
that arose between the counsel for the
defense, promising for a while to force
the withdrawal of all the attorneys
except Mr. Gleason, a long conference
was held tonight at which the conflict
ing elements fought out tVrir differences.
As a result Delmas will assume ab
solute charge of., the case tomorrow,
with Daniel O'Reilly as his active as
sistant and Gleason, Hartridge, Mc-
Pflce and Peabody acting in 'an ad
visory capacity. Delmas and O'Reilly
will conduct all the examinations al
ternately and the former will have the
final decision in all points that may
arise.
Fiasco following hard upon fiasco In
the trial disrupted the forces of the de
fense. " Nothing daunted by the failure
of his opening- address, Gleason took
matters out of the hands of Delmas,
who was to have conducted the exam
ination of witnesses today, and choicely
crowned the legal farce show of the day
before with a medical expert comedy
that was at times too poignant for
laughter. It was then that Delmas
pounded the table and "Ifs a
farce, an Infernal damned farce!"
BLOCKED BY JEROME
The task of proving to a jury that
Thaw was insane, through heredity and
mental stress, when he shot and killed
Stanford White, was taken up. Gleason
endeavored in vain to place before the
Jury evidence tending, it was said, to
prove a vein In the collateral branch of
the defendant's family, but they were
blocked at every point by District At
torney Jerome, whose objections were
upheld by the rulings of Justice Fits
gerald.
Gleason did, however, get before the
twelve men In the box the testimony of
an expert. Dr. C C. Wiley of Pittsburg,
that In his opinion Harry Thaw was
suffering from Insanity the night of
the tragedy.' Mr. Jerome assailed the
evidence of the alienist, and for three
hours put him \u25a0 through v a cross-exam
ination as severe as was ever heard in
a New York court. The prosecutor was
relentless in his attack, and before he
had finished Dr. Wiley protestlngly de
clared: v.
"I didn't come here as an expert. I
came as a witness to a fact, and I have
been converted Into an expert without
being prepared for it."
When called to the stand Dr. Wiley,
in answer to questions* by Attorney
Gleason, said he had devoted much: of
his life to a study of Insanity.
Dr. Wiley was asked to state his
recollection of an incident in, 1905 in
which Harry Thaw" was concerned.
"In the summer of 1905,", said the
witness, "I was a pacseneger on a
street car on the Fifth avenue line in
Pittsburg when Harry. Thaw came in.
Without any apparent reason Thaw
rJshed for one of the blinds to a win
dow, drew up the blind, slammed .it
down again and then drew it up one©
more. He had a quarrel with the •con
ductor." - •/,-/"\u25a0
"What was Thaw's manner?"
"It was dominant, vague, and his
eyes flashed from right to left/* -^
"As an expert, and from your per
sonal observation, can you" say whether
bis actions were rational or irration
al r* /. ./ : ;.> \u25a0".$<
< ' "Irrational.",^ -,:,.-\u25a0* *
Mr. Gleason here formed a hypotbetx
Continued on Pas;* S, coluaui 1.
The San Francisco Call.
INDEX OF THE
SAN FRANCISCO CALL'S
NEWS TODAY
TELEPHONE TE3IPORARY 86
WEDNESDAY, FEBRUARY 6, 1907
"WEATHER CONDITION'S
TESTERDAT — Partly rfondyj mmrunnia tem
perature, 62; misimum temperature, K5. \
FORECAST FOR TODAY— doody; poaribly
Upht showers la the morning. • ?*r« 11
EDITORIAL
The State officially appears to hare laps*> 4
Into a condition of railroad paralysis. Gillett
Is the doctor. Page 8
The San ' Francisco waterfront bill. 8
It is scarcely worth while to take GroTe Xf.
Johnson serioaEly. | Page 8
LEGISLATURE / '
Gorernor GUlett contemplate* sbolisMiur ' fonr
commissions and Baring State money on en
glaeers' aad architects' fees. Paga 1
Anti-Japanese resolution presented in Assembly
denied reading under the role adopted. Page 6 j
Fratessa presents bill cutting down nnmber of
attaches at after-sesclon, which Is virtual ad
mission of steal. - Pag* 6
Substitute mutual insurance bill gets guaranty
fund at $50,000. Page 8
CITY
After fifty yeart «f Htlgation full ownership
and control of the Oakland water front Is rested
in the State by the decision of the Circuit
Court of Appeals, and steps are being taken to
contest the remaining tide land holdings "of the
Southern Pacific on the ground that they were
acquired by fraud. Page 1
Grand Jury inrestigates conduct of attorneys
J. J. Greeley and T. I. Fitzpa trick. Page 18
Mrs. Clara Ball arrested on charge of . kid
naping her own child. Page 16
Assistant Secretary Ellison explains why the
25,000. members of - the Sailors* Union are
known by numbers. ._ Page 11
I Women of Calif oroia Club vote that they pre
fer downtown shopping district.; j Pag-e 9
Commercial bodies of city decide to place in
hands of central committee , power to act for
harbor legislation. , »./ **, Page 11
Banker Robert Watt and wife narrowly escape
death in collision' of their carriage and a street ,
car. Page 5
SUBCRBA.V
Republlcan and Citizens* -.Municipal League
conrratlons " of ; Oakland nominate Mayor Mott'
for re-election; Republican platform declares; for
"open door* r on the .water front and^ home rule
on Japanese question.' .:. : - /-/\u25a0/-'Page 10
Strife la ' Oakland - drag ' firm leads to, organi
zation - of < new * company j with 1 Secretary Gould
"froiea out." ' " ; . . * • . /£- - • Page ; 10
. Serenteen-year-old Percy Pembroke, who thrice
faced trial for murder, now being" tried for. high
way robbery. .' .-/-;/- 'Pag* 10
/ IHfflcoltiet ofßer. R. P. Shepherd, pastor of
First Christian Church la . Berkeley, and officials
of the church are adjusted by an agreement that
jdl shatt resign. _ ' Pag* 10
William Neary* testifies | that Miss Margaret
Shepherd broke engagement before suicide. : P. 10
Harry Stanley, .an Oakland • liquor .. dealer,
wantonly strikes woman [In street, < and S police
rescue him from crowd of angry- men. / Pag* 10
COAST ,
State Federation of .Women's Clubs win
convene at Bakersfield today. _ Pag* 5
Interstate : Commerce Commission . lnrestlgatlon
shows that railroad discrimination injures , mer
chants of Santa Barbara. ' Pag* 2
John W. Rowling, for fifteen yean treasurer
of Salinas, is a defaulter. ! Pag* 5
DOMESTIC
Delmas is furious at - reverses at. hands of
Jerome, and secures full control of Thaw's de
fense. * Pages 1-6
Snowslldes and cold bring . death in \u25a0 several
States, and trains are stalled. j Page 2
WASHIXGTOX
, Senator Flint and Representative Smith reach
agreement upon the Colorado River Improvement
proposition. Pag* 4
Japanese embassy has not taken op . treaty
negotiations . with President because of Its fear
of a'lstrong warlike element. . Pag* 4
FOREIGN ' V .
Two ocean steamers sending up calls for
help off the Nova Scotia' coast, but no aid can
be sent because of the rough sea. Pag* S
SPORTS
Tenneeasec Legislature put* borseracing under
the ban. Pag* 7
Challenge issued and accepted for automobile
race from - Los Angeles to San - Francisco for a
$3000 side bet. Page 7
High class horses will compete in the Ssarg
Handicap at ; Emeryville today.'- . Pag* 7
San Francisco Flycastins Club elect* T. O.
Klsralff president. Pag* 7
LABOR
'Advances In wages the past year for union
street car men aggregate $1,600,000. .. Pag* 8
MARINE
Japanese liner , America Mara encounters great
storm after, leaving Yokohama ; . and her ' upper
works are damaged. \ - Page 11
MINING .
Governing committee ; of seven named -by \u25a0 San
Francisco Stock and Exchange Board. " ' Page 15
Sales of - Southern J / Nevada ' mining.;' shares
amount to 640,700 with few advances. - / Page IS
THE C^L'S
BRANCH OFFICES
Subscriptions and : Advcrtbe-
meri v /will ; be received in San'
Francisco at following offices:
1651 FXLLMORE STREET Ci
Open ; until ,10 o'clock - every., nigrht.
; . 818,VAX*NTES"S AVEXUEJ "" / \u25a0
Parent's ; Stationery Store.; :.
"SIXTEENTH AXD MARKET STS.
Jackson*s\ Branch. /
OSS HAIGHT k STREET
Christian's BfSnch
I 09« VALEXCIA; STREET
/ ' Bo thschlld'a : Branch. '
ISSIfcHURCH STREET
George Prewltt'a Branch. -._,; ",'\u25a0 v
SSOO^FILLMORE f STREET \
-..-.' Woodward's /Branch-- .
SAN> FRANGISCd;;^EDNESDAY, .; FEBRUARY 6; 1907;
/7QIJNSEL taking the side of City of Oakland in the^ water front litigation says the decision of 'the Circuit Court of
restpririg -to the pe^e the righ^ to control the water fe timesmore
important than the right of anyfrailroad to reach/tid.e water. ; In Oakland the decision does not merely settle a dispute
bvera 2000-foot strip of land, butat^gives to t^e people eleven miles; of water front and places it under their sole control.
Mayor Mott says that he will summon the city's special counsel on water front litigation < to confer today on the decision,. -
PORTRAITS OF ATTORNEYS WHO HAVE ' TAKEN PART \u25a0< IN ; THB^TIDE- LAND LITIGATION*, AND DIAGRAM SHOWING A- PART
\u25a0 OF'THB OAKLAND : WATER' FRONT AND .TIIE NARROW STRIP; BETWEEN .THE LOW-T IDE- LINE OF 1852 "AND THE SHORE TO
WHICH THE -RAILROAD'S CLAIM'OF OWNERSHIP IS LIMITEDiB!f>.T.HB.DECISION.*OF:THE CIRCUIT COURT OF APPEALS.- BAY
i WARD OF. THIS STRIP THE V STATE HAS FULL CONTROLAND CAN; EBTABLISH A WATER FRONT LINE OUTSIDE THE RAILROAD
.LAND. MAKING THAT CORPORATION AN UPLAND HOLDER: -THE RAILROAD PIERS OUTSIDE -THIS LOW TIDE UNE ARE ON
STATELAND AND MAY NOW; BE CONTROLLED BY- THE STAT^.YAS ARE; THE SAN j FRANCISCO WHARVES. ;y; y - l
Governor Determined to Abolish
Four Expensive Commissions
.Boards and Save Erigirieers' arid Architects' Fees
t , .. \u25a0 \u25a0 •''\u25a0:, lUU/ Cj X VJT XI XXX' O X XxX-^Xw X • -
SACRAMENTO, Feb. '5. : — The • abolition ' of four commissions oc' boards,, making a saving of
more than $20,000 a year in salaries alone,'. and radical; changes in. 'the .methods of . '. letting contracts
for State work are involved in the first of; the sweeping reforms proposed by Gillett,
and ,to secure which he caused bills to ' be-iritroduced todays in both Seriate and /Assembly. The bills
will be followed by a message vigorously advocating their enactment.
Gillett "proposes the abolition of the Highways Commission. Board of Public Works, the Debris
Commission atid the Harbor Engineering; Board,- arid proposes to replace them with a State engineering
board, to \u25a0 'consist of State officials -as ex-officio members, with assistants ; and administrative officers;
at an aggrregate salary of $23,080,*. a»^
compared with $44,000 paid in salaries
to the four commissions he seeks to
Wipe out The Governor's plan con
templates not J alone the • abolition of I
these commissions,' but a radical change
of the law controlling the: manner- in
which contracts for State work must
be let. The plan advocated by the Gov
ernor provides for the awarding of all
contracts by the one commission, and
permits the commission to award con
tracts for the completion of an entire
project instead of in pa/ts, according to
the class of . work, as must be done un
der the present law.' . .
SAVING OF 120,000 A YEAR
The first stroke i of , the gubernatorial \
new.i broom threatens to, gpoll^a lot: of \u25a0
executive' patronage by wiping out sev
eral Jobs, but the; Governor thinks \ the
State will be able; to. bear up under!
this loss in servants t at a' saving*' of
$20,000 a" year, in salaries and a further
\u25a0avlng through the application of strict
business methods ; that cannot ' readUyj
be figured, or even estimated.* ; _"
The bills prepared at the lnstancef of
the Governor, and 'introduced ';: today/ by.
Senator , Leayitt Assemblyman'
Stanton provide' for, a State department
of engineering. - ; The administrative of
ficers; of, this ; new board are! to > be a
head /engineer ; at * $4800 : a - year, i: a ; chief
architect ' at^. $4000, two assistant en
gineers :at $3000 : each, one architect's
draughtsman— and two; engineers'
draughtsmen " at < $2000 '•" each, a' stenog
rapher,- clerk ; at $ I S O O and '• a \u25a0 porter iat
$480! / Upon this staff . is : to be ] imposed
all the work-jof ; preparing,, plans "and
specifications for public highways; State
buildings; ; : river .-. and' harbor \ improve
ments andthe, supervision of the work.
Contracts : for^State ; work ; are to|be ') let
by. thY commission t proper, j which, is ,to
i consist (of :the\GQvernof, r ;tB«- chief (en
gineer, the supefintenderitof State hos
, pitals , and " the f chief ; harbor • commis
sioner of the port of San Francisco.
; The office of the new department is to
i be^a'ytS^fi^Wpftal^/vV; ; '''\u25a0\u25a0 \-'^f^^^
I \:-{ If ?IGiiiett;? I Giiiett ; can "'\u25a0 have \ his i. l plan '% enacted
George A. Van Smith
Into. law-" there -will be, no-more archi^
tects' ; f>es, I no ; more . supervising engi
neers*, fees . and one board, headed-, by
the Governor himself, Instead \u25a0• of .". sev
eral, will be responsible- for the- con- 1
duct of all State work. The Governoril
bills and earnest advocacy, of them
come In the nature of a surprise,- Indi
catlng.as they do a disposition' to work
a ; ; real /reform ? and ; passing " a^respon-.
sibility "f orjthe failure of his scheme up
to th e Legi slatu r e. The . latter . e 1 ement
talfces thV* grandstand feature out of
the- movement.. ;.
Some^of - the'wheel horses are. at: a
loss; to understand why the, political
advantages"- of " the * scheme ; could ;not
have beenV sufficiently had
Gillett waited ; until \ after his ; first I^g-' |
islature \ had Tadjourned to talk ;about \
legislating,' Jobs \ out -.of existence,^ sim
plifying and economizing in the State's
business •< methods. --
There is more 'than appears -on the
surface of these Gillett bills.^ The sav
ing/in saiiries is- only an', item. Based
on .. the «xperience of » the last '- four
years, , an - annual \u25a0 saying f of j more than
$18,000 in. the- architects' change; in the
system v of r . letting : V co 11^! 08 "
the reai^ miik i of *the ; coacoanut^- \Un
der, the ; present 1 1*^ contracts ' m ust -be
let"-'.: undar^theii seven ;- prescribed j»ub-;
divisions. V In, flne.^the: State 'cannot let
the contract /for -a complete } building
to- one*. responsible 'bidder. _Theo ma
sonry, carpentry,, painting,' iron \,work
and i so on - must each bid on sepa
rately and; awarded -separately., :--:.Tne
netiresuJtS isfloss ,to \u25a0 the StateV bothYon
the "amount >• of JtheV contract* vandftSe
endless '; delay :-\u25a0 and annoyance. The
Gillett -bill k provides for the reception
of under ' the r subdiy isionj nowVpro^
vlded,* but ! it also provides f «^^^^^
ception'. of "bids- on the" whole : project
and , authorizes the •" commission to Jet
the ;> work '<\u25a0\u25a0'»• ?V whole. V -
.: -•;>-.»\u25a0\u25a0•;\u25a0,'-• t-">.- ' V.s..™vw._,..- .; ..\u25a0..-\u25a0-.•.•;.\u25a0;,\u25a0 .\u25a0•'., .- ,-yj
' VIEWS v<
\u25a0iis Referring ito '» his i bills,*; Governor Gil
letl:fsaid yesterday :
iTl|b«Te \ caniea;tij«!e- bills :t<»;be; tatrodnced find
I ! BhaUriMT«!Boti^n^w^toa«^tos«ear«'tbiiir m*
gage. .-. I_wsnt to wipe' oat all these_ useless com
missions '\u25a0 that ' are sucking ; the . life blood " of ; the
State. / Tes '. |t will , spoil i"a" few" political . Job*,
but none that the people of , the' State cannot af
ford to dispense with. * We bare a highway de
partment, with \ its * engineers * and assistants ;\u25a0'' a |
Debris I Commission; 'with ;. Its staff; \u25a0 a :. Board ', of
Public '\u25a0 Worts and . another I big .. staff,': and : then
the ".'-Water Front Engineering ! Board at . San
Francisco. \u25a0.\u25a0 . ' : V -'
; i These \ commissions •• are In . charge of bijj ; pro-'
Jects: ' The 1 State's : money ' Js being * spent. The
whole 'business Is • scattered and "conducted with
no particular head. Large expeadltures are. made
and Twlthout, proper, " If .' any7 check, v; I : think , the
whole"; system * unbusinesslike. ;; I ! "propose " a . sys
tem''conducted ; under the "immediate \ supervision
of one ; stafl^dir^etly" responsible 'to : the' QoTernor. I
It : will ? effect \ a saTlng • In salaries j and : It ;' wDl ]
epoU f some T Jobs;I but "those fare] the) least Vconsld-.
crable' reforms/ Our'cimtract system , Is all wrong;
There \u25a0; Is I no ;' necessity^, for the j payment 'of '; big
architects']; fees. /-Why,;" for." a^ concrete example,
. with"- tlilajproposed; system I we" would sari $5000
on architects' fees in Santa Clara County alona,
on' the Agnc w and ' Normal : School - improTementa.
There " Is : no % way ' of computing ':. with - «Ten ap
proximate \u25a0' accuracy i what : will \ be"; sared ; by.rre
placing/the present \u25a0 local and disjointed system
by, real business methods. / ' ; %
'\u25a0\u25a0u~\] : FRJEB SCHOOL ; BOOKS
Bill to . Enable Counties to Prorlde*
4 ;" . Them ' la • Introduced '
\u25a0; - SACRAMENTO^ Feb.^5:—^bilKthat
will j enable .Kcountiea "to -provide free
schobl^ books -at :. their - own expense
passed .the Assembly today ' by, a vote
of^51 ; to: 16.": '-'~\;.';\ ;'" :: '-V : '.i§§§|§
' ; The \u25a0:• measure : .wajr prepared :; by , . the
Assembly committee : on v , education. It
provides ; ; that "when \u25a0 'a majority ; of
school r'dlstriots 'of^, a county,* by their
school boards, petition ..the County
School Superintendent tf of • the ; Issuance^
of text books to be loaned to the pu
pils .without cost,^that official, shall
make an estimate -of the cost and the'
Supervisors '. shall ; a special election
'to '{decide .-the;;' quVsti'o'hl^'AV'majoVity.
vote •- is . all . that^; is ; necessary.;. to adopt
, ! t^Jsystem, . *>ut^ ;_lt; wlii^take^ r a two
fthirds^vote Jto^disoontlnue"iit.;->; .
\u25a0\u25a0\u25a0 ' /^p^Bfef ::": :::^-^;\; : : ' -;
>-. :\ :\^ ;:'ANTIVACCINATION= BILL '-'.-, \u25a0 V-
Feb? 5.~-6wing to
i! , iiiiimi MU) ;.-,.',-, IMM . -.'i,,.. '.- JL .
"The Gentle Forefathers of the" Native
Son" is the subject of -/a page of fun
which every native* (and non-natives,
too) will want to preserve, in
The Sunday Call
Populace Realizes That the Water
Front Is Its Property Solely \u25a0'
"A million times more important than the right of any
railroad to reach the Jide water is the right of the people to
control the water fronts of the harbors of the State, and
that right has been restored by the decision of the Circuit
Court of Appeals handed down yesterday. Here in Oak
land it is not alone the question of a mere strip of 2000 feet
for which the two railroads were contending, but ! it * gives
to the. people eleven miles of water front and places it under
their sole control. ; " By the constitution . of ;the' State ' the
people cannot alienate it. No private party nor corpora
tion can /again; control it. -The^people of -the' State ;can now
establish a line ; outside and bayward of the .Southern Pa
cific's tide lands and make that line the water front of
Oakland, and the railroad will thereby become an interior,
upland holder. 1 The wharves which the Southern Pacific
has buUt'eari; be controlled by the State, and the State can
chargea toll 'for every ton of freight which is moved over
them: Thecrailroad has no ownership *in them. They are
on State land, and the railroad isVa holder by intrusion and
sufferance alone." MM
BECOMES UPLAND OWNER
In/theie words Williamß. Davis spoke yesterday of
the^far^reachingvanci, sweeping effect of the decision writ-,
ten by Judge Gilbert^ which overruled Judge Morrow at
every ; point. No man has -had a more intimate connection
; ; and/jknowledge-jof ]the dispute over the title to the
Oarcland; tide /lands /than ;Davis, and his opinion is tKe
result of years of study of these: suitSr which iHave been
carried jup- and down^ the courts of the State from the day;
on^Hich Carpentier ; bought the ;ent ire :waterifroni of Oakr
land for . a schoolhouse and '%. wharf , fill ihe .Circuit Court
of lAppeals; onj : Monday reversed a long line of- decisions
springing; from, an original fraudand restored to the people
\u25a0the;- rights"' wKich -the Central Pacific^and its. successors ?had
soughUfor}half;a\ceritury to;hold tolhemselyes.
:'\u25a0} -TKejpoint^ ; of .'thel recent decisipn-as it js^r^
cd-Js;-_th'atVtfie ; : titJe::_to^ lands in front of the
townVof-Oakland-- :: -and y in all'like^cases'fof that matter-*
PRICE FIVE v GENTS.