The San Francisco call. [volume], June 18, 1907, Page 1, Image 1

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

Image provided by: University of California, Riverside; Riverside, CA

                
Especially amusing is the third story of
"The Gentle Grafter" series, by O. Henry,
the celebrated humorist, which is to ap
pear in
The Sunday Call
voLmiE cn— xo. is.
Board of Supervisors Wrests Mayoralty From Schmitz
Calhoun 's Illegal
AOKI DOES WOT
BELIEVE HE IS
TO LOOSE POST
Ambassador Discredits^ Re
port That Japan Will
Recall Him
DIPLOMATS EXCITED
Statement of Tokyo Paper
as to Change Agitates
- Washington
KANEKO AFTER PLACE
Peace Commissioner Said to
Be Longing to Come to
This Country
WASHINGTON, June 17.— State de
partment officials and members of the
diplomatic corps were much Interested
today In the statement Jn a Tokyo
newspaper that the Japanese govern
ment probably would recall Viscount
Aoki, the Japanese ambassador at this
post, and was conferring on the ap
pointment of Baron Kaneko as his suc
cessor. Officials of the Japanese em
bassy say that the progressive party
has taken the San Francisco disturb
ance as a pretext in an effort to bring
about the downfall of Viscount Aoki.
It is pointed out that Marquis Ito has
been inimical to Viscount Aoki for
many years. ,
It was stated authoritatively tonight
that *'If the Japanese government had;
any intention of recalling Viscount
Aoki the news would^jsot .be. first an-,
\u25a0nounced to the world tUrough~*the* col
umns of the Hochi," and that "Ambas
sador Aoki dsd not attach <any. cre
fi^nce to the report."
Since his visit to the United States,
when the peace conference v/as being
conducted at Portsmouth, Baroii Ka- j
neko has had a great ambition to rep- i
resent Japan as. ambassador at Wash-,
ir.gton.
Baron Kaneko Is not a member of the
antiadministra^on party. He is a mem- j
ber of the privy council and a loyal
supporter »of Saioji ministry and
his appointmejft as ambassador to tho j
United States would not be considered •
as a concession to the antiadministra
tion forces. In discussing the propose
recall of Ambassador Aoki. Dr. Masuja
Uiyakawa, the Japanese lawyer, said:
"The San Francisco-Japanese ques- j
tion is not an international question but j
a simple American constitutional ques- i
tion. The change of ambassador would
not change the constitution of America.
The federal and state system is th<j j
cause of the triumphs of the American !
government. The colndependent exls- 1
tence of national and municipal admin- j
lstration is the bulwark of liberty anJ !
the invaluable lesson for the American
people if no* for the world's people.
The changing of ambassador would
not end the conflict and trouble be
tween groups of the Japanese race and
groups of other races in San Francisco.
The conflicts and troubles will never
end but, on the contrary, will multiply
more and more, for the trouble in San
Francisco is not a question for vigor
ous diplomacy." *
"The solutlorT is all up to the Japan
ese themselves. ; So long as they who
reside In San Francisco speak in their
own language, -write in their own lan
guage, think in their own language,
and avoid communication with the
American people they can never min
imize the. causes of the conflicts and
troubles. --So long as' the Japanese of
America depend upon the' advice or in
terference of; their home government
they must expect* a continuation of
troubles upon troubles. 'And for that
matter even though the officials of the
Japanese imperial "embassy' consisted
of the twelve apostles of God they
could never change the American con
stitutional theory of 'indissoluble union
composed of indestructible states.*,*' ""-
DEVLIN MAY AID JAPANESE
United" States District Attorney Dev
lin received a letter of Instructions
yesterday from Attorney General Bon
aparte concerning hio future course
with respect to the recent riots of
white labor unionists in the . Japanese
restaurant and bathhouse in Folsom
street. Devlin declined to make»pub r
He the \u25a0 nature \u25a0 of his Instructions, but
from rcmors that began to circulate fn
the Japanese colony two hours after
the receipt of' the letter. It is' sur
mised that Devlin will be instructed
to offer his services to the Japanese
consul and the/litigants who. are pre
paring to . file damage suits in; the
United States circuit court' against the
city government for injuries to person
and property at the hands of the,riot
ers. They will allege that the' city has
neglected * to/ protect them from /the
attacks of .mobs. .These complainants
\u25a0will ask large - sums for exemplary
damages in addition to the actual
damages. >
The Japanese consul has been'as
eured that President' Roosevelt will do
all In his power to protect the ? subjects
of the land of the chrysanthemuxo.
The San Francisco Call.
INDEX OF THE
SAN FRANCISCO CALL'S
NEWS TODAY
TELEPHOXE TEMPORARY SO
TUESDAY. JUNE 18. 1907
WEATHER COXDITIOXS
YKSTEBDAy — Clear; masimnm temperature.
S5; E&isimoci, SS. . .--' .
FORECAST FOR TODAY— Fair; warm in
forenoon, with probably ligtt fog at night; light
north winds, chanting to sontherly. Paje 3
EDITORIAL
The sheriff In BjTnpathy with graft. Paso 8
Seoldlng San Francisco. / Pa?»jB-
A persistent error. Face 6
STRIKE SITUATIOX
Soapiog of tracks on steep grade in Ellis
street results In collision of cars, in which
Utps of msnr pafisengers are endangered. P. S
CRAFT
Prosecution announces that It has new'com
plaint for bribery against • Tirey L. Ford; Rn
doiph Spreckels takes stand. Pe«a 1
Scbmitz Is allowed to leave prison rell for few
hoors to consuJt his attorneys. Paye 1
Henry Bracdensteln mentioned as possible
successor to Schmitz in mayoralty chair. Page 2
Harmony rnHwred, between tbe committee' of
10 and tUe graft proewntors. P*ye 2
CITY
; Mayor-President Lacdes of Galreston esplainc
j the operation of poTernment by commission in
j that city, which he declares to be Ideal, with
I the of politics" and graft elim
inated. * Page 5
Sipe/rlsors pass to print \u2666 ordinance levyini:
special tax cf 20 cents for repair : of. *> the
streets. ; ; "" Paya 14
! Rose O'Halloran describes great snn spof
I which Indicated riolent storm on the solar
I surface. Page 3
Board of supervisors receives bid of 8.7 cents
a lamp for lighting the city. Page 14
Jcdge Seawpil bears arguments on demnrrers
of police commission and Chief Dlnan in . the
renter of Captain Mooney's application ? for a
writ to prohibit trial by his superiors./ \u25a0' Pice 14
Sl f BL*RBA.\
Assessor DtltO3 of Alameda county sce«l for
: premium on surety Iwnds." \u25a0 Page 4
Berkeley • policeman charges cipar . dealer wltb'
bribing him to protect poker games. . . Pag-e 4
I Alameda county jail is without fnel becanee
of lack of fnxtds. Pag© 4
Boys arrested ; while tryteg to force door
admit bavin; sacked church ' and committed
other robberies. • - : Page 4
Fire heavily damages the California cottoa
mills In East Oakland. \u25a0 Pa^c 4
Ambassador Aoki discredits report frcm Tokyo
that be Is to be recalled. Paje 1
Child lost for 40 hoars in sagebrush wilder- ]
I ness of Idaho is found unharmed by memlxr
of searching party. Pare 5
Federal jud?e reserves decision ia 2 cent
rate case until railroad shall have operated
for three months in order that be might 'sec
effect on earnings. Pagre 9
Several hundred delegates from western states
arrive in Denver to attend lands conven
tion. Pa.£e 5
Harry Orchard taken to ' Caldwell to answer
murder cbargeT* but . Judge Wood
; puts case over until Boise trials shall be .con
cluded. Page 5
Interstate commission makes important
rulings as to railroad tariffs, carload rates and
routing. • \u25a0^//\u25a0.' Pago 7
FOREIG.V
Black sea mutineers torpedo cutter occupied
by Bear Admiral Wireru . Page 9
SPORTS
Kelson aad Erltt find weight reducing ~an
easy problem these summery days. Page 8
Opening of "getaway" week at " Emeryville
marked by downfall of six favorites. ~ Page I
yi a ix 1 \iz
. Fishing boats cave schooner Mayflower , from
shipwreck on Seal rocks below CIIC house. • P. 9
3IIXING
Three leading shares In mining stock market
open week with rising '. prices. ' Page 13
SOCIAL.
Wedding of -State Senator Lckons' and Miss
Emma V. Mullan to take place today, at Wash
ington, D. C. Page 4
L.IBOR
District council of carpenters pays over $6,000
to striking . cuioos. . ' / Page 7
THE GALL'S)
BRANCH OFFICES
*.'.-." ' \u25a0 \u25a0 r^^™^^^^^""^ \u25a0\u25a0\u25a0\u25a0•-\u25a0 \u25a0 -*- \u25a0 \u25a0 j
Subscriptions Advertise-
ments will be received in San
Francisco at following offices:
1631 FTLLMOKE STREET
Open until " lo o'clock '; every.' nlghtr
* 818 VAN.XESS'AVEXUE '
Parent's > Stationery j Store.
SIXTEENTH AXD v aiARKET STS.
Jackson's Branch.
. 533 lIAIGHT ; STREET
Christian's Branch. \u25a0
SOU iCTH'SV.^COR.f MISSION"".
"'lnternational^ Stationery Store.
\u25a0 •-i33I;CHDnCU STREET-*
-'** George Prewltt'sj Branch. ; ;
2SOO FILLMORE "isTREKT.
."Woodward's Branch. - -
SAJSrrFI&^I^
HENEY PREPARES
NEW COMPLAINT
AGAINST FORD
Announces in; Court That
Prosecution Is^ Ready
for Attack - -.
SPRECKELS TESTIFIES
Interrogated by Attorney
for Calhoun and His
Associates-
JUDGE IS I^bIGNANT
Refuses to Allow : Defense
to Use His : Court for \
By George A. Van Smith?]
Judge 1 Lavvlor peremptorily 4; rc-j,
fused yesterday afternoon to permit i
attorneys* for the indicted officials of
the United Railroads to turn ' his >
court into a political inquisition. : The j
court's stern . order for a change, of I
tactics resulted in the disgusted 5 dts-'l
missal of Rudolph Spreckels from- the j
witness stand by A. A. Moore of*thV
course! for, the defense. ' . : ; ' ;. .
Moore was disposed to bait and ,
sneer at Hen ey and one of the ex- 1 -,
changes developed the rather! startling
information i that •\u25a0 the - prosecution has'
not shot all its "bribery . bolts Vat .the •\u25a0
indicted United Railroads ;^ officials. ; -'*sjj.
\u25a0 Replyingr^to one;"oftMoore|a sarcasms^ ',
Heney-/ cried : -; ''-^^^'Jf-^i^*^'^^^ '
- "We are prepared riow'to' file another,
complaint 'for bribery 'Vgainst' Tlrey ; li.;
Ford, and if ithe court wishes; to sit" '
here .as a/ committing magistrate". we :
are ready, to. begin" taking testimony, to-*
morrow 'morning. You may.; have ;the
testimony in open court, where you will ;
be in no danger, of losingany of it." . \u25a0 ;
Any testimony received by Judge
\u25a0^Lawlor in support of the motion to set
aside the bribery indictments against
Patrick Calhoun, Thorhwell Mullally,,
Tirey L. Ford and William ,11. 'Abbott. ;
must bear; directly upon. the : alleged; \u25a0
disqualification of the grand jury or in
dividual grand jurors.
Judge Lawlor's , emphatic refusal to
j submit to the tactics of counsel, forj
ithe defense yesterday,' ' brought .'the
proceedings to an abrupt close in ; so
far as the examination', of witnesses
was "concerned. The motion to set. aside
will come before the court again* this
morning, but only,/ for 'the purpose \6t
setting a date for the examination, of
members of the grand jury. .-
The court's .ruling" was precipitated
by- the examination of Rudolph "Spreck
els by Moore. ..After a protracted-exc
hange of unpleasantries- : between ;
Moore and Heney and Cobb, the: court
put a damper on the defense' by; telling
it very plainly^ that'' he was not
terested in whom Spreckels might" have* *
employed or ' whom Spreckels . purposed :
to make mayor of San Francisco.^' The
defendants, the court said, must
dress themselves to the reliefs provided
by statute. . " , ;' : .rj ;. i , c'
Calhoun, Mullally and Abbott .came
into, court in company. "."With/' them
was Mullally's bodyguard. : Ford "came
a few minutes' later and joined the
party, wlfich had been augmented iby. ;
A. A. Moore and" Stanley .Moore,* their
attorneys. .Jj.^-^^^^^ffi \u25a0 ;/: •
CALHOUX TAKES NOTICE
; Calhoun turned from\the perusal" of
a personal letter 'to give close -and *ap- '
parently deep z attention to ' the : courti '
who,;* upon ascending the .bencTc^lm- <\u25a0'
mediately'beganj-his charge to "the Jury *
trying Dr. / Ralph Huntington Jfor>man*- :
slaughter. \u0084 ' ; :-"-''- -' y: '';:- : -- T ' \u25a0':'}'
In response to Moore. Judge "LaWlor
said he was/ hot disposed •to insist
on the presence of the inaicted' offlciais
during -the^taking of /testlraonjv^TnV :
court"s /'assurances brought frdmCal- •
houn an emphatic ; "We - are herc.7*^pro
nounced in' a manner calculated to con
vey, the impression ; that "we,, meant fto \u25a0
stay and see it'ouL/-" •
; The flght was on at .once. Stanley \u25a0 i
Moore moved three 'amendments to the
motion^ submitted." -The* .'"ftr'st^' amend
ment "^alleged f that : while" the*3 charge "
against the defendants "was"; being: in-
I vestigated, Rudolph .Spreckels,' a..pri- .
, vate and interested prosecutor, -.Heney
and Burns,/ employes -of ; Spreckels, .to^
I gether /with Dlstrlct j Attorney Langdon/ ;
i Used their . persuasion, and Influence :
; with the grand f jury ;to \u25a0 feturnSindlct- -
ments for which Itlie're: was. no- justifi^ !
cation?.. The second* amendment; alleged •;
that" Spreckels \ had contributed » to ; and ;,
raised a largeifund,' part oT-Which had !
been •^xpe'ndedlt in Jfurnishing,' members '
of* the * grand Jury
' ContlnHed \on~l Face 3,;'ciiSM**4i:
, ',_ -Scene at meeting [of . • supervisees yesterday. - Supervisor Tveitmoc
speaking m'oppositiow^lr^ff^^of^Schmitz^ rvithO' Neil, tohio joined
him in the] atiac^ seated i at Jca^; ; /Fftc /oE»cr portrait is of Acting
Mayor Gallagher^ The - resolutiohYwhich -. incapacitated Schmitz \is
reproduced. ri^.^. •"\u25a0'.,: : V^.-'; : - : /' ; '. •\u25a0\u25a0';• \u25a0 : :- i :':\u25a0. /.-:V--. _; - -
Mayor Schmitz Is
Permitted to
LEave Prison
Granted \u25a0] special j permission, yesterday
to /leave the'county'jair-to^corisult^his
attorneys ~ajt; their 'offices,'/ 1 Eugene j E.
Schmitz, : n6w./mayoVi;"of « San yFrancisco
in* name was fawayt from
the prison Intthe^lngleside'road 'at" IV3O
o'clock in* the; afternoon - in", the ' big red
tou? ing • car ;* } which' the .'. city, 1 , purchased
for - the use "*of • Its; chief 1 executive.- For
several hours-:. he/w as comparatively
freel ///.,.- ~.' : \'^;\ '\u25a0\u25a0-'?. ..\u25a0\u25a0'^\u25a0 ; /-^ \u25a0:': "* - : ' \u25a0 '
r : ; Schmitz'. egres3* from, the, prison. .was
signalized by" :\mdue .activity.' on the
part of the ; deputies at the institution-^
fiot* to guard',; against; any of
such secondary importance ,' as ; to ' pre
vent-his possible' escape, but to clear
the path from^the jail of all ; : spectators
in 1 order that.. the/ prisoner' might ~ not
uhdergo^the JignomihyJ of k 'beirig /sub-"
jected \u25a0-toHhe^yiew.J of -curious \u25a0 eyes."; One
deputy* was 'intrusted -i. with \ the'- minor
responsibility.; of - maihtalnihg?. custodj*
of' the prisoner ; '\u25a0;,; the .' remainder of th e
f orce/ was* assigned/ to UheltasVrbf fdis
persing/a.few'riewspaperi reporters land
photographers ; and \ a handful ; of /chil
dren,. who had^gathered jn^ a r group. out
sidehhe;gate.; .; 7' v // : -t;/. v V ".-". /:
The f act '\u25a0 that | those ; gathered - outside,
: but \ i.n!. the
P^b!i<^^^p^j^t9^ev6nt|tliel giving
of -illruff. "orders :^by »the^gu'afasU«"at'{tfiey
w*»H«i«jßiwai«!B«*»isp",-•'-'•; ;',' «"^ \u25a0»> -1 ;•- "^--.-\u25a0•.i- r t
move . on, - nor the -threatening* display
ofjarifle^by thetmaniatitheisentrvlbox'
by- the ;sate,-: actingr Sunder X the! inatruc-
Langdon le!is?>yhy
William H. Langdon
- i'vi.V:' «"*• District .-.: - . - '
THE' action jof 'the^ siipervis- : ' k
ors in appointing \u25a0Gallagher^
. , ; acting/: ma^bjr was^ducy to*:
> the "'fact V that it" is « necessary^*to '-'
have rsome" ./' one * take "control \ o f f
'tHe*office' at -,once : to'care^ fof 4 thV/
»business t r^at ..needs A'attention T i
t there.*" Schmitz is absolutely^in'-i
- capacitated \ from carrying-on*; the.
business .of the; office because 'Jof,*:
- His'ampnsohrnent, (and • the \u25a0\u25a0 _ac- {
\u25a0tion was "taken": under the; claused
. of > they charter £. which// provides
th£t * a i^tKe _; board ; ; of^
vsuperyisors; shall ; be j appointed
'\u25a0 acting^;' -"mayor^whenever \u25a0 the*.
r 'mayor/ is** tempqranly r unable* to"
\u25a0 perform \u25a0"•the": duties of the -* office, -
That* is' ttie which now*
Schmitz" has /not "been r
= rcrrioyed . f rom r office. ' •>. He ' is still y
\u25a0•: mayor, t \u25a0 and .: Gallagher's \- power;
: will* continue only :soV long* as ;
Schmitz ; remains^ incapacitated. ',/
' No. furtiher,- steps have 'J been |
taken toward putting a* new man
". in the [ mayor's , chair; as* has been j
i suggested/; -No V supervisor/; hasl
; been .asked ; to and^ if^any :
resignation ->were 'tendered^ now
;it would /be necessary -to -wait- un
til the next meeting "of the super- {
.visor's -before -it ; could- be "> acted,
upon officially. ' *If „ - Schmitz \
\u25a0\u25a0: should succeed at any, time in ob-',
: taining s bail \it would restore \ his
/right to resume office./ I cannot
say* what * action^ might be taken -'
*by Ithe' district attorney's office' in
'such* instance,/ for the possibility
is at least remote, and we do *nbt *\u25a0
i;belieye'ih crossing. bridges before*^
we come to them.' , y
{ions'] of ; Sheriff O'Neil that the burden
*ot y. his; imprisoned^ .friend be made as
light > as -It /could possibly be '\u25a0 without
trespassing on the direct'orders of the
court.-'/, "\u25a0 . /.; ," w : \u25a0 .
'}'..', lt; was i evident^frora 'the. neatness and
'dispatch "with 'which- Schmitz/ and his
companions,^ Deputy. Sheriff Beban and
the 'chauffeur of, the automobile^' evaded
running; the battery of cameras on,- the
main > road to^thejair that- the. plan -of
]departurer ture ( had : _ been '"„ carefully -j mapped
out™ ahead .\u25a0 of .time./ When .: the f gates
clanged : open-tojallow -his automobile -to
"pals^ScKinltz ; eaiigh v a '-, glimpse^ofjthe
iW«ii ti:n gf cam c rai | and §fc r o u ch ed |lo w/f iii
;theTmachine,Tshieldijng]*himself^l)ehind
'•'t- \u25a0 -Continued ' on ! Page! 2, Column c;,
r^E^JSry pioneer -of , Cali fornia and the
"presept; generation, too, will be interested
ciiQ photographs of Sari Francisco,
"whiGh^will" appear in- --•'
'~ The Sunday Call
La^ Under Which Loses Office
|^ H ARTEIR provfsiqnsr- under which Mayor
y* Schmi^i was declaral incapacitated and Super
visor/ James L.l Gallagher^ appointed acting mayor:
" '^Sedioh 6j chapter 1 , article IV. "When and.
so long as .the mayor is temporarily unable to per
form m's duties, a member of the board shall be
xhosen president pro tempbre, who shall act as such
mayor. *W occurs in the office of
mayor it shall be filled for the unexpired term by
the suDervisors.** '
Gallagher Made Temporary
Head of City Government
Q^eiMnd "TveitmQeißitteTly Denounce
f; the .A(^ion;of Their; Colleagues
Mayor .;Eugene : E.^ Schmitz has been declared inca
pacitated'from'-performing the duties of \u25a0* his office and
James L. Gallagher, chairman of the finance committee of
the supervisors, has been chosen president pro tempore : * of
the Hoard- anid^ acting mayor of the city and county of San
Francisco. ; Schmitz • imprisonment 'upon conviction of ex
tortion is .the ground for the action, which was taken by
the board of -supervisors yesterday afternoon.
I -Thirteen members of the board, not including Gallagher,' sigried
theJresqiutioh oh Svhich the. board [acted. The step vvastaken at the
instance, oC'.therdistTict attorney's ofHee and was bitterly denounced
by Supervisors -J: F. O'Neil and O. A. Tveitmoe.Schraitz appointees
on' the board,, who took' office -after the first "of the year: and were
not •involved; in the confessions of the boodlihg members '; before [the
grand jury. ••• _
';.-.. A , serious : legal question is involved ~in the action of \u25a0 the I board
and the courts ; doubtless -w ill have to
pass upon the'questioji whether or not
Schmitz, convicted felon,- Is qualified to
sit i as; head of ;the- municipal governr
ment; while" confined Un the» county JalL
Between" now and June 30 the mayor or
acting mayor, .-, will have to sign the
municipal budget for the ensuing fiscal
year, • the document -on ; which '. the tax
levy^ Is computed,' 'and,' furthermore, he
will 'have to approve, with -the board,
the tax rate for the coming. year,' .which"
cat Ist for an- excess 'of the dollar limit.
Should Gallagher j v perform those func
tions and the 'courts 'decide later that
Impertinent Question No, 3
Why Aren'f Wives Happy?:
For^thejmost original ot witties^ariswer^to this qu^
sticm—andjtKi^bnefer^^betteT—^rKe5ticm—andjtKi^bnefer^^betteT—^rKe Gall will
pa^lWE;fL^^
answers The Gall Avill pa^ONE DOLLAR each. ;
Prize'winriing; answer wilt be Sprinted next Wednes
day-and checks ; mailed to / the \yinners at once.
: short /and address them to
IMPERTINENT'QUE^IONS, ;
v y THE GALU .
PRICE FIVE CENTS
! his appointment was illegal the "I tax
levy might be minified, though thlt.
probability, is mitigated > by the applica
tion, of the law which sanctions the act*
of de facto offlc lal3. \u25a0It Is possible , that
Schmitz will sue today for an injunc
tion to retain- his 7 powers."' %
O'XEIL. TAUNTS .COLLEAGUES,
Supervisors O'Neil . and Tvettmoe put
up a bitter flgnt against the resolution,
tlaough they" knew that their words
would. not affect the :nen to whom they
were applied. O'Neill taunted .the no-