The San Francisco call. [volume], March 12, 1907, Page 2, Image 2

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

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2
Rue'f .Lawyers Accused
by Dunne of Deceit
Defendant to Apply to United States
Supreme Court as Last Resort
he was indicted jointly with Ruef. J.
C. Campbell, representing the haggard
Mayor, arose and demanded a eever
\u25a0ance of defendants.
The man who had taken orders from
Ruef for yoars refused to sit with him
when justice was being apportioned.
Campbell asked for an immediate trial
and express*^ a williugness to proceed
with the prosecution of the official so
poon as the matter of his boss was
out of the way. It was arranged that
Schmitz should appear today, and If
by any chanc« the Ruef matter was de
layed the Mayor would come before
the^bar of Justice.
" Henry opened the Ruef proceedings
with the motion that th«* action of
Judge Hebbard in passing on an appli
cation for a writ of habeas corpus be
eet aside, thus invalidating the writ
of error which was issued on the show
ing of the denial of the earlier writ.
*iency argued that Hebbard had no
jurisdiction under the law and the
rule of procedure of the Superior
Court, which established that cases
should be assigned to departments by
the presiding Judge and should not be
removed.
He claimed that Ruef was in no
position to apply to Hebbard for a
writ of habeas corpus, as he was but
nominally in custody. Henry Ach re
plied with a defense of the rights of
habeas corpus. »".': %
DUXXE SAYS "TOICKEBV"
He persisted that Hebbard had as
much right as any Judge tovlasue a
writ of habeas corpus or a writ of
error.
"But these proceedings were secured
through trickery and deceit," cried
Judge Dunne hotly.
Heney argued that Hebbard had
passed on the right of habeas corpus
as a court and not as a Judge and
could not undo the acts of a concurrent
court, to which Ach replied that the
proceedings on the writ of habeas cor
pus were separate from those pending
Dunne and not amenable to any
rulin? Dunne might now make.
Dunne sharply rebuked Ach for his
spirit of argument, condemning Judges
Who act from ulterior motives. Ach
covered up under the declaration that
he was simply securing all possible
legal rights for his poor client. Each
Judge, he claimed, had a supreme right
to issue a habeas corpus writ which
Would be final.
Heney drew a conclusion from this
for Ach's benefit, showing how. under
Ach's reasoning, a writ of habeas cor
pus mig-ht have been granted Siemsen,
the gaspipe ~ murderer.
At the conclusion of the arguments,
which were heated and caustic on both
sides. Judge Dunne stated that since
the entire matter was on hearing be
fore th«* State Supreme Court and it
was understood that that bench would
probably issue its opinion soon, he
would withhold action on Heney's mo
tion.
Then Ruef filed his effldavit of preju
dice, backed by one of similar context
sworn to by Paul N. Ntppert of the
Aetna Indemnity Comptny, liis bonding
concern. Uuef claimed that Dunne was
Mased through friendship for John S.
Partridge, late candidate for "Mayor,
end Xippert attested that at Bunneele,
Bljr Meadow, September. 1906, Judge
Dunne had discussed the local graft
and corruption and had denounced Ruef
and Sohmitz in no uncertain terms. The
Ruef affidavit was lengthy and de
scribed particular incidents alleged to
«how prejudice on the court's part.
Chief of Police Dinan was present
with hi* attorney, L«ewis V. Byingxon.
The case In which Dinan is jointly
charged with Ruef with conspiracy was
*et for March 15 for the filing of de
murrer* and the cnargre of perjury
egainst the Chief was set for March 26.
The boss, his fate still undecided,
was remanded to the custody of the
clisor until today at 10 o'clock. *
But Iluefs hope could yet live
there were two other courts to hear
from. -.- --*
But before PLuef could have his lunch
ron, in custody at the time, he learned
that the Supreme Court of the State
had denied an .order prohibiting Dur.ne
from trying the case, following v the
fulinp of the State District Court of
Appeal.
si prkme cmnrs opisiox
The decision of the Supreme Court
is that the writ of error docs not stay
proceedings. The complete opinion, by
tne entire court, is^as follows:
'The petitioner, who was under in
dictment and awaiting trial in the Su
perior Court, applied to another depart- j
tnent of the court for a writ of habeas I
corpus, which was granted. Upon a
hearing h* wan romanded tt> custody
snd thereupon applied for and obtained
from the Judge of tlie court issuing the
writ of habeas corpus a writ of error,
to t!i«- Supreme Court of the United
Ktates, tt boing claimed thst the or- j
fier of remand was in contravention
rf tlie petitioner's rights under the
constitution of the United States. The
" broceertinK*; necessary to perfect the
Issuance a.nd service of the writ of
••rror atid the citation thereunder were
taken.
"Tl.e petitioner now applies for a
writ \u25a0of prohibition to restrain . the
•ourt In which the indictment is pend-
HK from proceed! rip with the trial.
"»»e arc satisfied that the writ of
\u25a0rror, if it i« properly issued, dcJcs not
np«;rpt<» to *tEy proceedings in the court
.aviun Jurisdiction of the Indictment.
! "The writ is denied."
But there was still left the United
itHtes District Court and Judge de Ha.
'en. who at 2 o'clock was to pass on '
he application of Ruef for an order
o show cause why t » writ of habeas
forpus should not isime to him to take
liim from tft«* custody of Elisor Bijrgy
\u2666nd place him where he stood in fact.
If not in law, when Judge Hebbard
issued the writ of error.
GA\(; \VA S Til EH X
At 2 p. in! Iluef and all his lawyers,
tccompanied l>y a f<*&' of the K^ng, led
y the companion In fllg-ht, Myrtile
Cerf, were. In the courtroom In • tl*a.
iostofflue building. Frank J. Murphy
Ind Henry Ach spoke for Ruef and his
l>«titlon; Francis J.- Heney opposed the
ippdication. „
Heney read an affidavit denying the
lllejgations of Ruef'g document; deny
ing 1 that the boss was held without due
process of law or was deprived of his
lights. He recited the etnpanelmcnt
. >f- Grand Juror Wallace O. • Wise by
Judge G"faham and reiterated his argu
••ftiont of the morning that Ruef was In
tustody but nominally and not in such
» way n-K to entitle him to tho, relief
it habeas corpus proceedings.
Alurphy opened the argument for the
fietK.oner. He undertook to defend
fudge li^bbard's action In granting tbe
*rit of error which Judge Dunne and
(he Supreme Court of the State had
tlready ruled was not sufficient to
restrain the former with proceeding
fclth Ruef's trial.
"A writ of error is a writ^of right,
md should be issued by a Judge purely
is* a ministerial act,** said Murphy^
••A writ of error is not a writ of
tig-ht," contradicted the court, taking
"The'words out of Murphy's mouth, "but
ft is a writ calling: tor the higrhtst
lUicretion of the Judge Issuing it."
* Murphy finished his talk and .was
followed by Ach. In the: midst or the!
Uosertations" Judge de Haven stated;
that as the question of the qualifica
tions of Juror Wise was. a matter on
which the Supreme Court of the United
States was to decide, he would not pass
upon that point. Then, at the con
clusion of Ach's flash of eloquence.
Judge de Haven, without leaving his
bench ruled as follows:
XO WRIT FOR RUEF
"The granting of a writ of habeas
corpus is not an absolute right — at
least the Supreme Court of the United
States has decided. The Circuit or Dis
trict courts are not to interfere by
granting a writ with the proceedings
of the State courtß prior to the utter
ances of Judgment, unless the petitlpn
er is held for an act authorized by the
statutes of the United States, or in
violation of a right of treaty. In this
case what Is complained of is an act
of the Superior Court of the city and
county of San Francisco made subse
quent to the denial of the writ of
habeas corpus and the allowance of a
writ of «rror and admislson to bail.
It is not necessary for this court to
exercise its power for the purpose of
protecting the Jurisdiction of the "Unit
ed states Supreme Court; that court
is qualified to protect Its own Juris
diction. That is the court where this
matter shall be settled. The order to
show cause is discharged."
Murphy had a new petition ready
asking for an appeal. This was
promptly denied by the court, who sug
gested that Rnet had the possible
remedy of applying to the Circuit Court
or the United States Court. The lat
ter alternative ie to be selected by the
liuefsters, prob&bly because of the dis
tance of the tribunal from this city.
To "Washington the writ of error will
be carried.
Ruef left the Federal courtroom with
the elisor by his side and spent the
night in his pretty little dungeon at
the Hotel St. Francis.
SHORTRIDGES OX DEFENSIVE
Appellate Court Withholds Action on
Attorney In Contempt \
Peter F. Dunne, chief of the legal
Btafl! of the Southern Pacific, appeared
before Justices Cooper, Hall and Ker
rigan In the District Court of Appeal
yesterday and argued for the greater
part of an hour to convince them that
Judge Dunne had erred in ordering
Samuel M. Shortridge, of counsel for
Ruef, to jail for contempt. Opposed to
Attorney Dunne was Hiram Johnson,
who is assisting Francis J. Heney in
the prosecution of the graft cases.
When Shortrldge'e attorney had com
pleted his argument Johnson replied at
length. The proceedings occupied the
last two hours of the forenoon and the
court took the matter under advise
ment, and will render its decision in
a day or two.
It was argued on behalf of Short
ridge that his action did not consti
tute contempt. The record was quoted
and it showed that Shortridge had per
sisted in speaking after Judge Dunne
had repeatedly warned him to keep his
seat. It was also said that no proof
had been offered that Ruef was a fu
gitive at the time that Shortridge
sought to represent him in court. .
Hiram Johnson contended that the
contempt was not so much in tbe re
fusal of Shortridge to bold his silence
when bo ordered, as In tils persistent
attempts to appear as Attorney for a
fugitive.
MEV THAT MAY TRY RUKF
Vnmr« on Venire Summoned for ThU
Moralise Before Judge, Dunne
The following are on the "" venire
which is to be called in Judge Dunne's
court this morning. They will be ex
amined as to their qualifications to sit
in judgment on Abe Ruef, about to be
tried, for extorting $1175 from the own
ers of Delmonico's restaurant under
threat of preventing the proprietors
from securing a permit to sell liquor.
They are:
Frederick ll. 'Coon. 2095 Bn«h street; Theo
dore Cohn. 2+40 Clay: William Cohn, 1362 Mc-
Allister; John J. Duffy. 8127 Twenty-sixth : J. '
H. Dmrbrrll. 1812 KrulprteL: G**rjre Dillon,
3SA Clara- Anjrelo R. Drp*ru. 215T Pin*; Marx
Qanz, 228 * Franklin; Abrahnm Bockirald, 2154
Franklin; T. H. Hurlihy. 123S Broadway: Theo
dore P. 3. Ka*t. 701 Hare?; \u25a0William D. Kslgbts.
21 ParnaMUs; Msurlre Lfry.- 1330 Golden Gat*'
Julio* Mfj^r. 1726 Page: Felix McMabon, 2601
Post; B. O'ft«irsn. 183 Nor; ' John H.' JShwhan.
301 Shrader; DcmrU" S. Watson. 2732 Vallfjo;
James G. Menzlrs, 2519 Oetavia; Donald Mi--
Donald. 2146 guttrr; Christian Rtis.' Batter and
Octavla; Simon Varnhaftan. 1114 Fell.
COYTI.MJES liA.\«DO\ CASE
The agreed statement of facts, which
was to have been filed, yesterday before
Judge Seawell as the basis of an ap
peal in the injunction suit brought by
District Attorney Langdon to prevent
Interference •with his office on the part
of the .Board .of Supervisors, has not
been folly prepared, and the -matter
was continued until this morning for
the filing of the statement.
To Care a Cold In One Day-
Take Laxative Bromo Quinine Tablets.
Druggists refund -money If it falls. E.
W. Grove's signature on each box. 25c*
OAKLAND HARBOR BOARD
BILL DIES QUIET DEATH
Mott and McElroy Refuse to
Give Support to the
Measure
CAM* HEADQUARTERS,
. 1007 EIGHTH STREET.
SACRAMENTO. March IL— The Oak
land Harbor Commission bill died
quietly tonight, when Jere Burke of
the Southern Pacific passed round the
word that the jig' was up.
Arrangements for an unostentatious
funeral were made * shortly before the
night session. A conference was held
at the Capital Hotel between Mayor
Mott of Oakland, City Attorney McEl
roy, Assemblyman Phil Walsh and 'Jere
Burke. Efforts to bring Mott and Mc-
Elroy to the support of the bill > bad
been In progress all day without result
and Burke, not daring to force the
measure through, for fear of retalia
tory action by the* city of Oakland,
made It plain that no rush orders
would be issued.
After the conference had ended, rail
road retainers and Insurgents were In
formed that the - Southern Pacific
would not press the bill,- but .would
consent to leave the question open until
j the next session of the Legislature.
The Western. Pacific also ceased its.ef
forts, and the bill died on 'the files.
May on Mott said tonight that the legal
department of Oakland , would prepare
a carefully drawn bill of a more com
prehensive nature for presentation 'to
the -next; Legislature and that mean
while the people. -would attempt ; to
enjoy, control "of the water . front given
back to them by^ the Federal Courts >.
Piles Care* in c lo H Diti
Pazo Ointment guaranteed to cure. any
Case 1 tchJnff.bUnd.blf edlng or protruding
piles 6 to 14 days or money ref.unded.EGc •
THE, SAN FRANCJSCQ; C AI^J ; U\IARGH 12, 1907,
RAILROAD LOBBYISTS IN
DANGER OF INDICTMENT
Sacramento Grand Jury In
quiring Into Capital Re
moval Vote
LEGISLATORS CALLED
Burke, Hatton and Parker
Accused of Criminal x
Manipulation
CALL HEADQUARTERS,
1007 EIGHTH STREET.
SACRAMENTO, March 11.— The Sac
ramento County Grand Jury has taken
a hand in the capital removal matter
and Indictments are threatened against
Jere Burke, Walter F. Parker, George
F. Hatton and others charged with
having manipulated legislation in be
half of the removal project, . The Grand
Jury met tonight and heard the testi
mony of several Assemblymen. An ad
journment was taken until tomorrow
morning, -when the investigation will
be resumed with vigor.
Tonight a session of the Grand Jury
was tbe climax of a day o\surprises.
It became known early in the day that
a committee of, the Bar Association,
made up of a group of the cleverest
lawyers in town, had resolved on a
campaign of reprisal against Burka,
Hatton and Parker for their share In
the capital removal scheme. The law
yers ' believed they had evidence suffi
cient to, indict the three politicians for
the crime'of lobbying.~whlch the con
stitution makes a felony. The aid of
District Attorney Wachhorst was se
cured and a session; of the Grand Jury
was called. When the jurors filed Into
the Superior Court this afternoon, Su
perior Judge Post delivered a remark
able series of Instructions, advising
them that "if the declarations made by
Hatton and others alleged to repre
sent the Southern Pacific Company
were true, that corporation and its
representatives commanded and con
trolled a sufficient^ r««imber of votes. in
the Legislature to pass or defeat bills
at will," and concluded by saying. "It
is a startling condition of affairs, and
marks the destruction of popular gov
ernment In this State."
Judge Post told the Grand Jury that
it was its duty to ascertain whether the
Southern Pacific Company or Its repre
sentatives in the campaign to remove
the capital from "Baqramento - had vio
lated the provisions of the constitution
and Penal Code against Influencing
legislation and, if so, to return Indict
ments.
The jury sent the Sheritt to the As
sembly chamber at once aftCT Assem
blymen Devlin, McGuire, Drew and
Chandler to appear before It and tes
tify. - The Assembly, as a body, re
sented the Intrusion by refusing on roll
call to excuse the Assemblymen for
the purpose/ The Sheriff returned to
the Courthouse, where a conference be
tween the Grand Jury and the three
Superior Judges, was held,- and other
tactics were" decided " upon. Members
of the jury visited the . Assemblymen
In person and readily obtained their
consent to appear at tonight's session
and give their testimony. • .
Assemblymen Drew said that when
the capital removal bill was before
the Assembly, Hatton came to him on
three occasions and told him that if he
would support the capital removal
measure, he would guarantee to kill
the McGuire county division bill In the
Senate. Drew testified that the same
offer was made by other persons, claim
ing to represent the Southern ; Pacific,
and be gave the jury their names.
Assemblymen Devlin, McGuire , and
Chandler furnished like testimony with
regard to legislation in which they
were interested.
The Grand Jury is made up of deter
mined men. and In the, present' state
of public sentiment over the" removal
measure it is not likely, that' much con
sideration will be shown tbe lobbyists
tomorrow. \
GOVEIIXOR SIGNS BILLS
Mea«nres Carrying Appropriation* To
taling $078,014 Go Into Effect
SACRAMENTO, March 11. — Governor
Gillett signed appropriation bills to
day aggregating $678,914. The follow
ing bills were approved: ,
By Johnson — Mails* the salaries iof J Superior
Juflfff k In San Francteco. Sacramento and Los
Anfelr>s counties StfOOft. &d<l In Mirln, Alameda
ana Contra Costa eonntlM $5000.
By Itnsb — Increasing tbe annual appropriation
for the Veterans' Home at l'ountTille from |65,
000 to (75.000. '
By Wolfe — Appropriating: $30,000 for a Joint
lnrestipatlon wltb tlie FMeral Government of; the
water resources of the State. " • .
By Willis — Appropriating $45,000 for improTe
nraU at the Southern California State Hospital.
By Lynch— Appropriating $133,000 for the Cal
ifornia Polytechnic School at Han Luis Obispo. i
By Wright— Appropriating $70,000 for a train
ing (school building for tbe State Normal at Sun
Diego.
By . LeaTltt— Appropriating $101,314 for the
purpose of restoring the income of tbe S State
University, lost daring tbe earthquake and fire. .
By Price — Appropriating $100,000 for lmprore
.tnrats at the borne for tbe care of feeble minded
children. v - .
By Rush— Appropriating $63,000 for tbe State
Hoepltal at Napa. * . • \u25a0
By Mnpnter — Appropriating ; $78,000 for * addi
tional building at the Stockton State Hospital.
By Bush — Appropriating $10,000 for. experi
ment* to be conducted under the direction of tbe
agricultural experimental station at the State
University to discover Improved methods of
cereal culture. • /
By Belebaw — Appropriating $20,000 for altera
tions, repairs and improvements on the Capitol.
ByßrlPbaw — Raising tbe salary of tbe legis
lative secretary to tbe Governor from $2600 to
$3'_"»tO. • ' -
By Berry — Appropriating t-0, 000 for draining
Lake Earl, In Del Nort* County.
MRS. KEI-LEY WEEPS IN DEFEAT
Measure 'to Ount - Relief Commission
Voted Down In Senate
SACRAMENTO, March , 11.— Mary
Kelley and h»r. refugee 1 lobbyists" al
most shed tears this ' afternoon when
the Senate turned down the bill ."In
tended to , smash the Relief : Corpora
tion In San Francisco. The 'bill, .which
was introduced by Nat Coghlan, , passed
the Assembly last week and provided
for a commission, headed by the i Gov
ernor and the Mayors of San Francisco,
Oakland and Los Angeles, to take
charge of ,all relief- funds." -The bill
failed of passage by a vote of 17 to
16. ; ' .\u25a0;\u25a0 ' :-/': -/' -';\u25a0'\u25a0',
ANTITRUST • j,AW PASSED
AMembly Sarprlaeji ;\u25a0 Senate ~hr
ing; the; CartTrrlK'bjt s ßill V
SACRAMENTO, March"; 11.— The /As
sembly . surprised the ' Senate today by
passing. Senator l Cartwright's - copy of
the ' Ohio antitrust ; law.r which was
consigned to the}lbwer House- -for
slaughter. ; .- " "r". '" ':-\u25a0\u25a0 ,.' \u25a0 * -.\u25a0'-'\u25a0 '"- r -.v- : ,V.
The vote showed 45 ayes and 25 . n0e5. ;
All of. the San Franciscans except John
McKeon and C. M.'; Flsher.voted ; against
the bill.:: . Amon g .th e? suppbHers / of Uhe
•trusts : was ; John" 1 Wessllng.-the^' only
representative of \u25a0\u25a0 William* R/ Hearst's
Independent League* in • the Legislature.
SENATOR SAXFORD ' BEREAVED
SACRAMENTO. March \ li:-— President
Pro Tem. \Wolf c, announced * in^ the. Sen
ate,"thle -I af ternoonVi that ' Senator * San
ford'orUklahlhad'beenjcalled; home" by
the death of i his and would not
be *een rat =theJCapltOlJdurlnBT the'<re
mainder, of the ; session. *t Resolutions of,
condolence, "> submitted']. by. L^avitt s ' of
Alameda, were adopted : \u25a0}_ by •* V rislng' t
votc^
BELSHAW IS DIRECTOR,
BUT ONLY FOR A MONTH
Deal Made to Let Contra
Costa Man Down Easy
From Prison Board
PORTER TO SUCCEED
Lieutenant Governor Is to
Have ~ ~ Revenge When
Senator Resigns
George A. Van Smith
CALL HEADQUARTERS,
1007 EIGHTH STREET.
SACRAMENTO, March 11. — As/ an
emollient 'to his injured political i skin
Senator Charles M. r Belshaw' was nomi
nated today to the place on the State
Prison Board slated for Lieutenant Gov
ernor, Warren Porter, but under- the
terms of the deal for the application
of trie salve Belshaw. must give up;at
the end of thirty days, when Porter
will -enter upon' the enjoyment of his
revenge and vindication.
The Belshaw nomination came to the
Senate this morning, with the batch of
eight" Pardee withdrawals. : Two hours
before every> Senator thought that j the
list would Include the name of -Porter,
vlc«; Belshaw, /withdrawn, and when
with a whoop the solons promptly took
up and confirmed the nomination, ap
plauded and congratulated the Senator
from Contra Costa ;on his • altogether
unexpected | political 'rejuvenation, only
two or three of them knew. that it was
an appointment with a double-knotted
string attachment;/ that it had been
secured with the acquiescence of Porter
because Belshaw had agreed to resign.
His resignation is in the hands of the
Governor.' " "
-As a matter of fact the resignation
agreement and temporary-appointment
had been dangled before Belshaw for
several days by Porter. The Lieutenant
Governor was, of course, not in a po
sition to make a .definite proposal to
Belshaw, whom he personally likes, and
Belshaw did > not • appear to see the
brightly colored fiy cast before him until
this morning, when' navigation of the
sorely troubled /political /waters was
turned over to that veteran /mariner,
Frank Leavitt of • Alameda. \u25a0/, Leavitt,
representing Belshaw, and Porter, rep
resenting himself, hurried to the execu
tive • offices.'/. An hour later they were
back and the: Belshaw nomination was
before the Senate, with all parties
satisfied, save possibly Belshaw. --
Porter wants the place that Pardee
took from him and is-to have it. He
did not expect, when he made his deal
fo> the appointment, that it would be
Belshaw whom he would replace. Now
he thinks that he has done the right
thing by the Contra Costa man and. is
correspondingly./ happy, as his enjoy
ment of the discomfiture that he ex
pects to. heap on Pardee is. deferred but
a month. s
Gillett, too, likes Belshaw, and is
probably rtlad. to enter into the tem
porary deal, but that the Governor will
weep over his inability to make Bel
shaw a ten-year ..fixture on the Prison
Board is quite another matter.
There is a tiny fly in that Prison
Board \u25a0 ointment. Not very long ago a
clerk of the board quietly advised the
members that he wished to resign to
engage in other-business. Three mem
bers •' of the board went •\u25a0 to . Gillett { and
surprised him by Loffering* him the ap
pointment' as "a drop ;ln ; the .-patronage
bucket \u25a0 that Pardee had so /nearly
emptied. Gillett; was not only sur
prised but grateful. Then . some • un
kind person told . Gillett that Belshaw,
newly appointed to : the board by Par
dee, had, when advised ofthe action of
the other members, caustically sug
gested that the Prison Board, in his
opinion, was capable | of Uklng care of
its own business, more" especially any
little, matters of patronage, without
executive interference.
This was conveyed to the Governor,
possibly in a manner designed to j indi
cate that the Pardee appointee meant
that he felt too strong, with the" Senate
to worry about his reriomination by
Gillett. ,
But this is merely^. an aside. The
deal . through which- Porter- got / back
to the Prison Board was made long be
fore election and long before either
he or^Glllett knew that Pardee pur
posed to v attempt ? to i block c the with
drawal gajfie by loading up his Ifst of
nominations with Senators.
Stafford to Head
State j* Harbor
Gommission
Continued From Pa«e 1,, Column 1
dee tried to give Charles 'S. Wheeler
and ex-United States Senator. Th.,raas
R. Bard gets the regency Pardee,want
ed for - Rudolph J.'.Taussig:. -\u25a0-
Th^ nominations -submitted by Gil-,
lett today were: ' . , .
J. W. McKlnley of -Lor Angeles, a
member of the board, of regents of
the University ;of California, vice
Charles S. Wheeler, appointment with
drawn. . . . t ..'.-,
Thomas R. Bard of Hueneme, a mem
ber.of the board;Of regents, of the-Uni
versity -of California, ; vice s' Rudolph ,J.
Taussi^, appointment ]\ withdrawn.
. C. M. Belshaw.'of i'Antioch.'.a'. member
of the State board" of prison directors,
vice self,', appointment,.withdrawn.
John Swett of -? Martinez, a'- member,
of the- board of A trustees f of ';, the 'State
Normal School' at? San 'Francisco, vice
self, appointment i.withdrawn.
Vanderlyn Stow of Sanr Francisco, a
member of the "board of, /trustees -of
the State Normal School at; San : Fran-;
Cisco, vice self, appointment withdrawn.
'V. \u25a0 W. \u25a0: B. Dennison , of ' San i Francisco, , a
member of .the board of State < Harbor
Commissioners for the harbor ' and^port
of San Francisco,; vice; John G. Mattos
Jr.,* appointment withdrawn;, .:'iv-.:;. .\u25a0
, James .Clark of Pasadena,- a "member
of • the '\u25a0 board of • trustees -of \ the Whit-.
tier State k School," vice fJ. N. : Anderson,
appointment withdrawn. - ;,:V^" '• .••« ':?'Ti
;,Henry r .E.i Sherrer of Los/Angreles, a
member of the board/ of Bank T Commis-'
sioners,: vice John G. Currier, \u25a0 appoint
ment'withdrawn.'V.*;;;' ':-.:".'' ':-\-'
T. E. Newlin of lLos'Angeles,;a mem
ber iOf ; . the boards of : trustees Vof 5 the
Whittier State School, vice, self/term
expired. 7 : •;- ',':.>'. *-i./ ;" Jr.' 1 --":." --.-'-. \u25a0 :
'. Governor ; Gillettv vetoed , tonight
Grove Johnson's ; bill '_ making : the V crime
of $ robbery v! in v the '£ nigh t- time i or li by
means 'of- at dangerous i weapon TorJ other,
means \ likely 'great Cbodily,
injury,! puniBhable*.byi death. r^The^bill
was drawn by CharlesfSonntagJof >,the
sitting! San ; Francisco .Grand ?Jur*y.l and
was * designed! to? fit-1 tneYgasplpeXthug^
*gery. that!' plunged J San SFranciscof Into
a; reign*. of
Dabner were' at large. .-'".TheJGoyernor,
bases; his*. veto on?theVtheoryJtb;make
thlS'form;6f crimtespunishableiby^ death
would {only serve ito ;incite7every,, high
wayman"/ to ; kill his victim^ and.*; thus
removeltheYonlyiwitnesslof JhlsFcrimeT
and ;thereby £ add; to !th*e- number, of s mur
ders,*^ rather 'than !i decrease Kthem. - . j He
also^vetoed ;the;:bill^prbv|ding^f6r|an
increased levy ; toTcover/at proposed ; in-.
crease, of ;schoolf ; teach^rß'oßalaries.\:; v
The latter ; the
>. \u25a0'\u25a0\u25a0' X \u25a0 *.\u25a0
DIVISION OF COUNTIES
IS REGULATED BY BILL
Broughton Measure Passes
.-;\u25a0' the Assembly by Large
'Majority
F I XE S LIMITATIONS
Under It -. Scheme to Split
Santa Clara Will Be
&s£i Blocked
CALL HEADQUARTERS,
1007/ EIGHTH STREET.'
SAcRAiIENTO, ; March 1 1. — The
Broughton. bill, establishing , a uniform
law for the creation \u25a0of new counties,
passed the Assembly -today by a vote
of 60 to 18. As amended the bill pro
vides that no old county can be left
with less than 25,000 : population' and
1200 square miles of territory. New
counties must have a population of
6000 and the county line must not run"
nearer than^five: miles of the old county
seat.', I Every new county, shall -be re-,
sponsible 3 for its . proportion of the
debts of the old: county. -\u25a0 "<
- In /addition to jj this,' a . petition for
division must be signed ; by 50 per cent
oT :the.*voters "of the .proposed new
county and the plan must receive 'the
approval of 65 per cent before a ' new
county can be/ established.
These/ conditions are satisfactory to
the ; San \u25a0 Diegans, "< who want to estab T
llsh Imperial County./but make it prac
tically impossible. for Henry Miller and
his '; Gilroy \u25a0: supporters to carry <out
their cherished desire of dividing Santa
Clara: County, and creating the county
of Miller. > s' -
UNIVERSITY BIDL BEATEN
Grove Johnson and Speaker Beardslee
Prevent $150,000 Appropriation
SACRAMENTO, , March 11.— Grove
Johnson, with the helg! of- Speaker
Beardslee, succeeded ;In i killing the
Senate bill appropriating $1 #0,000 for
an agricultural building on the grounds
of. the University of California. Walsh
led: the fight for the appropriation.
Johnson objected. He did not like the
\yay that the university was conduct
ed, and he criticised President Wheeler
for mixing in politics and "forcing the
appointment of a Democratic Interstate
Commerce Commissioner." > \
When, the rollcall ended the vote
stood ;39; 39 ayes^and 33 noes. 'A 'call of
the * House ' was 'denied by a majority
of I, and while Kohlman of San Fran
cisco was ,on .his feet 1 to start, off a
sufficient- number of changes from no
to aye to carry the - bill, Speaker
Beardslee brought down the gavel, an
nounced the vote closed and declared
t»ie bill lost.
GRAFTERS'* BILL IS BEATEN
SACRAMENTO, March 11.— Senator
Wright's bill relating to the disquali
fication** of judicial officers was beaten
in - the Assembly, receiving . only thirty
votes, while the opposition rolled. up
thirty-seven. This -bill, like the one
by '/Grove' Johnson that came to grief
in : the' Senate a few days ago, provided
that an affidavit , of prejudice made it
compulsory ; for the Judge accused of
bias to call in another Judge to try the
ca^e at issue.
grouiid that , another law enacted at
this session provided that all the State
school money, and l 6o per. cent" of the
county money shall be applied to the
payment of 'primary and . grammar
school teachers, and the further ground
that matter of : teachers' \u25a0' salaries
is a local question and should be.con
trolled by the counties, which can, if
they choose, virtually double/ the
school levies now : laid. •He contends
that If the- State raises- an' additional
$500,000 perannum, some of the coun
ties will promptly take advantage of
it .to decrease their school levies..
primary" election law
j The Assembly .'Cleaned , the' primary
election slate todayand went on record
for the submission of .one clean-cut
constitutional amendment by \u25a0 refusing
to .consider. /the.' Commonwealth Club's
direct "primary .amendment,/- which the
Senate' passed as a personal compliment
to ; Senator. ;'.BelBhaw;l its" sponsor, and
which , Assemblyman /\u25a0 Stetson, j sponsor
for /an.' attempt ,at , a .-direct primary
statute, had on his .urgency 'file.
The Assembly's refusal to consider
the. Commonwealth -amendment! was
engineered . by Assemblyman : Pyle, , who,
under, an*, infrequently 'invoked* rule,'
proposed ' a 1 protest 'from seven mem
bers. That more than twice seven
responded to his programme' proved the
claim of Assemblyman Held ; that .the
Assembly would not be .a . party* to an
attempt to . confuse the voters and pos
sibly defeat the attempt to secure pop-;
ular authorization of direct /primary
legislation.'. .The; number. of protestants
"was .-'more than^, sufficient "to ' prevent
the : measure securing the required 54
affirmative ; votes"
DR. PIERCES REMEDIES
•^A^Trite Saying;
It Is a trite saying that no man. Je :
stronger, th an his stomach;, : Dr.*. Fierce's
Golden j Medical "f" f Discovery strengthens '
the 'stomach— puts! it in shape to make
pure,- rich blood— helps "the liver Vandy
kidneys to expel « the poisons^ from' the!
body ; and thuscures both liver . and "-. kid-.:
; ney troubles. If you ..take this \u25a0 natural \
blood ' puri fier and tonic,*; you ,will : assist \u25a0
your \ systcnii in manufacturing each 'day I
a v pint of richj 1 redlblood,' that is invigo-;
rating to the brain and nerveir : The \u25a0
weak, ? neryou?i^nin'-'do\vn,~' debilitated :
condition which 'so \ many people suffer";
from, is usually^ho. effect of , poisons* in
the blood; It is often indicated by. pimple's"
jor-bblls appearing on jihe skin, the; f»co'
-becomes | thin 'and;; the "fpellngs Ji !blue>,
Dr. : Pi^rce's " Discovery "cures \u25a0. all. blood *
humors fas Ijvell^. as- being': a - ; tonic that
makes one .vigorous,, strong and f forceful.:
It [is "the • bnly ; medicine put iup ; for' sale
through druggists for like purpose? every ;
ingr edien t ' of iwh ich has [ the professional
endorsement i of *j the /leading,' medical;
; writers ".of '- this ; country K J . Some of; th'esV
endorsements (are V published • in ia^litthv
:bbok of ; extracts \u25a0 from * standard •medical
.works [and C will J bo ; sent| to any; address ;
free, oh * rcceipt^of i request by ,
letter or, postal cardraddresied 4,t04 ,to Dr.' E. \u25a0
\u25a0;V:. Pierce.tßuffaJp^N^y/'^lt >lls! just
what Dr.* Pierces medicines are mado of.
j'J«_ The .Wordsjbf »• Praise %. tor the several »
ingredients Vof i whichlDr.^Pierco r s ! medif
"cines fare composedf by, leaders": in! all the
1 several schools Tof Jmedical 1 practice^'andj
\u25a0 recommending « them"? t or; ..the \u25a0cofc*qf.th"e:
i d iseases ? for : ; which' \ the ; „" Golden'} Medical
." : isfad vised, *ha~ve * far
more weight .with" the < sick j and , : afflicted;
than any, ; amount ; of " \u25a0 so-called '^-M testi-
fmonials ". so*conspicuously ; flaunted before
public by'ithose who" areTafraidlto- let'
.the Ingf^ieritsfoffwhichUheir medicines*
[ arelcomposed • be] known Tit Bear|jn "; ininS ".\u25a0
the g Golden Medical h'as^
[tok ' badge | on jevery^ bottle":
-.wrapperVjnlaUuiril^^fjltsingr^lints^
' . Dr.* Piercers rPleasanVrPelleteJ'cureTcon^
; sti pation^lnvigofateTthe lllver JajadTregu-;
late "stomach and bow»U, " ' ': _^
CAPTAIN OF INDUSTRY
APPEALS TO PRESIDENT
Morgan Tells Roosevelt
That the Corporations
Fear Him
CONFERENCE ASKED
At His Request , Executive
Agrees to Treat With
v Railroad Men
WASHINGTON, March 11.— J. Pler
pont Morgan of New York was In con
ference" with President Roosevelt for
two hours today. - The financier came
here at the request of certain busi
ness men of New York to discuss the
business situation," particularly as af
fecting'the railroads. \u25a0 He asked the
President to grant' an interview to four
railroad presidents, which request was
granted.
The object of Morgan's' visit' was to
urge the President to take some action
to allay the public anxiety now threat
ening: to obstruct railroad investments
and construction. . Morgan pointed out
to the President that .the -financial in
terests of the country were g greatly
alarmed at the attitude of' the admin
istration : toward corporations, espe
cially the railroads. '
-At Morgan earnest .request the Pres
ident has -agreed to have, a conference
with four leading, railroad, presidents—
McCreaTof ! the Pennsylvania, Newman
of the New York Central, Mellen of the
New : York, New Haven and Hartford
and Hughltt of the Chicago and North
western—to determine if some agree
ment can be reached as to the relations
between the. railroads' and the admin
istration. It is probable that E. H.
Harrlman, head of the Harriman lines,
also .will participate in the conference,
which.Tit'is understood, will take place
at the "White House some time during
the, latter part of this week.
TITLE BILL REJECTED AGAIN
Motion to Reconsider Insurance Com
panies' Meusure Voted Dona
SACRAMENTO. March g Xl. —^Lengthy
debate attended the motion in the Sen
ate, today to reconsider the vote by
which 1 Nat Coghlan's bill making ab
stracts of public records held by the
title - Insurance, companies secondary
evidence was .refused passage last
week. \
"Wright of San Diego and Keane of
San Francisco spoke in favor of the
bill. Miller of Vlsalia said It was an
unnecessary and vicious measure.
. The motion to reconsider was voted
ATTEMPTS TO KIM. HARGIS
LEXINGTON, Ky., March 11. — A man
disguised as a woman Invaded the home
of Judge James Hargis at Jackson last
night . and attempted to kill him. A
nephew of Hargis. saw the intruder in
the kitchen and fired, scaring him
away.
NO SALOOXS IX KXOXVII.I.E
KNOXfVIL.LE.Tenn., March 11.—
Knoxville, by a majority of nearly 2000
votes, decided today to abolish saloons.
The "new State law^ grants incorporated
cities the right; to say' whether or not
they desire saloons. 7
All Run Down
In the 6pring— that is the condition of
thousands whose /systems have not
thrown off the impurities accumulated
during the winter — blood humors that
ar6; now causing pimples, boila and
other eruptions, loss of appetite,- bilious
turns, ; indigestion, and other stomach
troubles, dull headaches x and weak,
tired, languid feelings.
Hood's Sarsaparilla removes all these
humors, cures all these troubles; ren-
ovates, ; strengthens and tones the whole
eystem. • This is the testimony of thou-
sands annually.
Insist on having
Hood's Sarsaparilla
In usual liquid form or chocolated tab-
lets : called Sarsatabs. 100 Doses $1. ;
':\u25a0\u25a0\u25a0': Guaranteed under Food and Drags Act,
. June 30, 1906. No. 324.
COFFEE
Tour grocer must sell
poor coffee; we can't all
3 be ; comfortable ; but he
jiieedn 't sell it' to you.
' Your " grocer - returns your money if yon don't
like- Schilling's > Best.
LOOKING for HOMES
If you have anything which you
wish , to -offer, to * the great army
of home-seekers who are coming
« to V California .through the * Los
Angeles gateway to the State, a
small '- "For. Sale", advertisement in
;the, classified columns of the "Los
i'Angele's'--; Times'*, will -put ; you -in
communication with them. If you
\u25a0have^ a ; ranch; for sale or . to let, or
dispose of or rent a city
or suburban . home, \u25a0a x small sum
expended in this way may accom-
: plish the desired result X;
\u25a0i "Address
LOS ANGELES TIMES
*San Francisco Office,; 779 Market
Street, San Francisco. '.
phone Temporary- 2121. ;
(Organized 1002) .
• PROMOTION : Tne act of promoting ; advance-
ment ; ENCOURAGEMENT. — Century Dictionary.'
' -The California Promotion Committee baa for
'Us object :; tbe ' PROMOTING of \u25a0 California as a
whole. • - \u25a0'". " ' \u25a0"\u25a0-\u25a0- -\u25a0• ->.- •.
V. It; has 'nothing, to tell."' N
-v ; lts energies are defoted to fostering all thing*
that hare tne ADVANCEMENT of, California , aa
their : object/ <-\u25a0 \u25a0.•>..».*' •- vw-.'v. ; «--;.-.
;rlt'j;lTe»:rellable;lnforniatJon on erery subject
"connected With. the Industries of California.
\u25a0 \lt * glrea ;' ENCOURAGEMENT., to ; the : establish-
ment of . new j Industries and Invites desirable : Im-
migration, vj V^BMBJP | BwißßWßtt^*SS^ 'i'^'^H.- >i
'\u25a0\u25a0 It Is t not an '; employment r agency, : although .It
gives Information regarding : labor conditions.
»- It ; presents the opportunities and ' needs in all
fields of : business and professional . activity. ;
«• * The * Comnii ttt* J la ;' supported •by popular sub-
scription ;, and * makes , no « charge for any * service
rendered:''-:--;; -\u25a0\u25a0-\u25a0-"'•-.-'•->- ,'-i---' .._•.\u25a0-.-\u25a0*\u25a0\u25a0.;\u25a0 ;.• -. \u25a0. -. • .
Affiliated with the Committee are one hundred
and- sixty commercial organizations of the State;
with *ai membership of . over -(thirty ; thousand.
'..'Meetings ; i are „ held X semtannually | In \u25a0 different
parts of California, where matters of State : In-
terest fare i discussed. :v-» \'?\-k - \u25a0• \u25a0
\u25a0 Headquarters of the Committee are. maintained
In \ San > Francisco ;In 'California ' Building. : Union
" COBBESPONDENCa INVITED.
A SUPERIOR DRESS SHIRT |
"In appearance and - M
fit the equal of the I!
production of the B*
custom shop. The • m I J
- CXJT t? T I
onllil I
'Exceptionally good value | j
at $1.50 and more. 1!
CLUETT. PEABODY A CO.. p
II had lire teeth extracted by rj
you Without a particle of pain, j
and recommend my friends to H,^
you. — T. Gallasher. t|
Perfect AVotk all Guaranteed £j
Van Vroom 1
1501 FllLmore, corner -O'Farrell f]
Under iho New Pure Food Law
All Food Products must be para and
v V ' honestly Uhelled.
BURNETT'S
VANILLA
was fifty year* ahead of the Law. It was
always pure Vanilla. Every bottle now
bears thia label : Guaranteed under the Food
and Draz* Act Jang 30th, 1906," Serial
'Number 9 .'.which has been assigned to us
\u25a0by the U. S. Oept. of Agriculture. /*^
JOSEPH BUBNETTCO.. \u25a0oaTOM. MAaaw
f EASTER
CARDS
A large assortment of
Easter Postcards. Novel-
ties, Booklets, etc. j
Diaries,
Legal Blanks,
Fountain Pens
Waterman's a specialty,
which we guarantee, and a
fine lot of Office Supplies.
PARENTS
STATIONERY STORE
.818 VAN NESS AYE.
£V The Ocularinm £%
\. g Perfect *f
¥ Fitting /
tvj Glasses I^^^
A\OPTICrANSA \OPTlCrANS
1309 VAN NESS AVENUE,
/ Between Bush and Sntter Btrtets.
SUMMER RESORTS
THE CHAEJCING .. BE3OKT OF THE 80UTH
SEAS.
* Tbe land of bread, fruit, coeoanuts and flowers.
Clement Wragge, In "The Komance of the South
Seas,", sajrs:
••Tahiti is th« island of the cods! People doa't
know, they have . no conception of, the g-lori«»
of these islands. The globetrotter follows - the
beaten track and leaves - this fascinating spot
out.\ /One should go not only for the short stay
that the steamer remains in port, bat stay over *
a steamer and become acquainted 'with , the aa-
tires in their , picturesque , Tillages and visit
Moore*." .
S. 8. MARIPOSA sails April -15th. -Reduced '
rate. J $125 for round trip. « Send for folder to : -
677 Market street. . Telephone Temporary • 1231.
HOTEL RAFAEL
San Rafael, CaL
\u25a0SO mlantrs from Saa Francisco. Un- •
der nerv manaitdnent. The best ac-
tommodatlon, with moat attractive
aurroundlnss.; European and American
plans. - "Wrl t e -for , terms.
B-.V. .HATTON; Proprietor.
\u25a0\u25a0'__'. FRA>K X. \u25a0; OKPI.V, Manager.
'hotel, boiv air
' : Located In ".the heart of Ross Valley. 45 rain- -
ntes from : San Francisco. .- . Ideal home for busi-
ness men and famllle*. Terms reasonable. \u25a0 Ad-
dress STRASSBORGER & I'ARKEU, P. 0..
Larkspur; Cat. .
BUSINESS PIRKfORYof SAN fRATOCO fIRMS
iIAUVLA.\D CASUAtTYJCO. o£ Balti-
more — 11. B. WINDSOR & CO.. scan'l
.-'. agta., Mutual Say. Bk. bldg.Temp.2394
RCID BROS^ architects. '2325 Gouga
. at. TeL West 6001.' '' .
O. F.VWILLEY *^CO.— CarTlaffeB,.bu»l«