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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, June 26, 1907, Image 1

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"The Chair of Philanthromathematics"
is an extremely funny story in "The
Gentle Grafter" series, by O. Henry,
which will be found, next Sunday, in
The Sunday Call
VOLUME CIL— NO. 26.
GAS COMPANY MEN FIGHT TO ESCAPE TRIAL
Telegraph Operators Make Appeal Direct to President Mackay of Postal Company
UNION TAKES
GRIEVANCE TO
HEADQUARTERS
Small Replies to Letter
Sent Out by Head of
Corporation
NEW STEP FOR PEACE
Strikers Name Conference
Committee to Meet
Employers :
RAILROAD IS WARNED.
Activity of the Southern Pa
cific . Company Is
Resented
President S. J. Small of the com
mercial telegraphers* union appealed!
yesterday direct to Clarence Mackay,
head of the Postal telegraph company.
Small wrote a letter designed to offset
the one written by Mackay to the offi
cials of the Postal company, in which
Mackay commended the operators
who refused to go out and condemned
the men who struck.
President Mackay and the officials of
his company have enjoyed the esteem
of the telegraphers, who said yester- 1
day that they hoped that Small's ex-
position of the case, from the^stand-,
point 'of the employes, might •be pro
ductive of peace.
A new cloud appeared on the horizon
yesterday when It was announced by
the telegraphers that the Southern Pa
cific had become active In behalf of. the
Western , Union. The statement was
added that if necessary a strike could
be called among the operators in the
employ of the railroad company.
PEACE COMMITTEE XAMED
A possible step toward a settlement
•was made yesterday when the striking
operators appointed a conference com
mittee of seven members, including
President S. J. Small, with a view of
opening negotiations with the Western
Union and Postal Telegraph companies.
The committee is composed of A. W.
Copps. TV. W. McCandlish and Oper
ators Hanley. Wisher. Allen, Tompkins
and Mrs. D- Toell. Although the pow
ers of the committee were not an
nounced following Its appointment, it
Js thought the committee will be
clothed with authority to arrange a
basis for the settlement of the strike.
One function of the body will be to
place the demands of the strikers be
fore the heads of the companies.
The appointment was made at an ex
ecutive -meeting held In Sunset hall in
Seventh street, Oakland, yesterday
morning, at which nearly all the oper
ators who walked out from tbe several
offices were present. Speeches were
made by W. W. McCandlish, president
of the local union; by Chairman A. W.
Copps of the finance committee, and by
Mr*. Doretta. YoelL Second Vice Presi-.
dent E. B. Boyden also spoke in sup
port of the policy inaugurated by Pres
ident Small, and urged the operators
to stand fast.
The plan to have Inexpensive outings
and socials was also commended as a
sound one. It was decided to have a
dance in Maple hall, at Fourteenth and
Harrison streets, Oakland, on Friday
night. Arrangement* for this event are
In charge of Mrs. D. Yoell, W. Simpson.
W. W. McCandlish. D. T. Powlef. W.
G. Miles, Fred Buesa, B. O. Symsey, R.
G. Gilbert and Welslg Russell, who is
general secretary of the International.'
WOMAX LEAVES POST
Many of the striking operators have
complained that they experience diffi
culty when they call at the companies"
offices for their private typewriting
machines. They say that the amount
of red tape they go through and the
number of officials whom they must j
see involve endless delays, and some
of them threaten to get out warrants
if the conditions complained of are con
tinued.
Several members who are prominent
in the affairs of the strike say they
have been shadowed whenever they '•
went into the street.
The strikers \u25a0 welcomed Miss Paige,'
who has had charge of .the - Postal
office In Alameda. to their organization
yesterday. Miss Paige announced she
would ' do no more work until the.dif
ficulty was adjusted.
CLAIMS OF COJIPAXIES
The fifth day of the Btrike passed
off quietly. No more operators werei
CoKUnued on Face 5, Sliddle CoL 1
The San Francisco Call.
INDEX OF THE
SAN FRANCISCO CALL'S
NEWS TODAY
TELEPHONE TEMPORARY 86
"WEDNESDAY. JUNE 26. 1907
MEATUER COXDITIOXS
YESTERDAY— CIew; westerly winds; maxl
rnura temperature. 60; mlnlmom temperature, 48.
FORECAST FOB TODAY— Fair, with tog 5n
the morning *nd at night; light " southwest
vinds, becoming brisk In the afternoon. . Pa*» 9
EDITORIAL \ s
San Francisco and tbe east. P«*e 6
Highway robbery and diplomacy. Tuf 6
A nary yard for San Dieso. **re 6
The Arizona wildcat. > *•*• 6
STRIKE SITUATION*
Conciliation committee of cMc league decides
to nind up Its affairs and announces Secretary
Straus will arrire here July 22. Pare 5
Members of streetcar union are arrested and
one confesses ' officials Instigated attack on
Msywood bouse F&go 5
Gas rate bribers fail in an attempt to force a
ruling from Judge Lavrlor in order to carry tb«
case to tbe appellate court. P**« 1
Judjre Lawlor reprimands Sheriff O'Nell for
disregarding order ' of court giren concerning
Prisoner Sehmitz. Page 1
Attorney T. C Coogan argues tfiat the grand
jury bad no legal ' existence when it roted the
Glass Indictments. ' Paje X
Rudolph Spreckels announces details of bU
plan to proride the city with an auditing
agency. Page 1
CITY
Colonel Heuer outlines plans for purchase of
city water system and examines Spring Valley
company's books. P*3«.7
Secretary Garneld of interior department and
Commissioner Balllnger of general land office
will probe land grabbing in Plumas county. P. 1*
Forty-eighth commencement of St. Ignatius
college I« held at Van Ness theater. Page 7
Superior Judge J. C. B. Hebbard makes at
tempt to end his life. Page 14
Point is advanced by opponents of the extra
I tax lery that the absence of Supervisor Kea
from the meeting on Monday inTalldates tbe
proceedings. *«*» *
Hale Brothers* six story class A buildiDg in
Market street cear Sixth will soon be ready for;
occupancy. .... . . a * e ** ',
Wife ; wbo seeks diTorce accuses husband "of. j
pouring ,a?Jd !©n ' her bare arm. • :
Insanace- companies . that •falledt'T p«y \u25a0' dollar
for- dollar,' are- sued : for difference:between'eocv
"promise settlements and a mounts " called for |by
policies." * - P.«*« 2
. President* S. .JV Small ©f the j telegraphers'
onion appeals direct to President Mackay. of tho
Postal company In hope of bringing about
peace. ***« 1
SUBURBAN '
Wife of • City Attorney . Simpson- of Alameda
loses her suit against him on charge of failure j
to provide. Page 4
\u25a0 Prof. Simon Newcomb and Dr. H. TT. Fair
banks will give lectures at University of Call
fornla. . . P»S« 4
Members of tbe Alpha Phi decide to try their;
bands as vegetable gardeners. . P*S« *
• Twenty-txro graduate from St. Mary's college
and Judge Lennon of Mnin county delivers ad
dress. \u0084 P*s« 4
Warden Edgar of San Quentin will be de
posed and tbe place given to" John E. Hoyle of
Shasta county. P**« *
Burlingame club men and bankers testify
•gainst alleged forger. Ralph E. Tarr. Pa«e 4
DOMESTIC
Seven persons are killed by collapse of tene
ment house in Italian quarter of New York. .P. *
Defense in Hayn-ood trial produces several
witnesses who tell of threats made by Orchar-1
against 'Steunenbexg. Page 8
Washington officials order tbe cruiser Mjl
waukee to proceed to. Salvador to protect Ameri
can interests. P**« 9
FOREIGN
Deputation of churchmen presents address to
The Hague conference asking that it insure
peace, Justice and humanity. P««« »
Chinese rebel army captures mans towns and
butchers city officials. Pc*« 9
SPORTS
Los Angeles shuts out San Francisco at base
ball and Oakland defeats Portland,' the latter
making no hits off Pitcher Cates. Page 8
Steeplechase horse Paul Aker't neck broken
at Bheepshead as wlndup of bis runaway
feat. *\u25a0*• 8
Chicago defeats Cleveland and retains leader
ship In American league. Pare 8
Tale defeats Harvard in the second baseball
game of their series. -/Page 8
. Willus Britt and Billy Nolan hold conference.
but fail to agree on for Britt-Nelnon
fight and another meeting will be held by them
Secretary McCabe of labor council estimate*
that 3,148 persons are out on strike and that
unions pay $25,000 a week . for their sup
port. . ' /Pa*e 7
MARINE
Schoon<?r C. TV.' Hill, anchored off Harbor
View drifts to" sea during night without awaken
ing crew. *\u25a0«• »
mining;
Southern Nevada mining stocks continue to
advance in price and bulls are having their
way. P *«* 1S
SOCIAL _-.
Invitations are issued for a "fencing fau
dango" to be given at Fort Mason on Saturday
evening. Page 6
THECALL'S
BRANCH OFFICES
Subscriptions : and^ Advertise-
ments wUI be received in
Francisco at following offices: ;
1651 FILLMORE STREET
Open until 10 o'clock every night.
818 VAX XESS' AVEXUE-
Parent's Stationery Store.
SIXTEEXTH AXD> MARKET ' STS.
Jackson's Branch.
533 nAIGHT STREET *
Christian's • Branch.
074 ; VAL.EXCIA STREET
Ualliday's Stationery - Store.
3011 IeTHVsT. ; CORV;3IISSioX :
\ International U Stationery :. Store.'. "
: 1531': CHURCH * STREET?
George -- Prewltt's -. Branch.*
2200iFILLMOREi STREET
Woodward's Branch.': :".«
SAN FR A^Gl§GO^_|^^NESbiY, i -JUNE f {26; 1907.
NEW SAFEGUARD
AGAINST GRAFT
IS PERFECTED
t; \u25a0\u25a0> . - - . —
Civic Auditing Body to Be
Ready for Operations
in Few Months
ASSURES BIG SAVING
Cost of Agency Will Be in
the Neighborhood of
$100,000 Annually
PLANS ARE OUTLINED
Spreckels Says Scheme Will
Conserve $3,000*000 for
City Yearly ;
It was announced yesterday
by Rudolph Spreckels that he
had almost perfected his plan for
a permanent safeguard against the
grafters and that he hoped to put
it in operation by "the first of . the
year. As previously set forth in
The Call, the plan contemplates
the formation of a civic auditing
agency, which > is* ' follow'eviery
movement ; of '; the city government
and -keep 1 close' watch upon the
: officials -v from- : mayorV' downl
Spreckels said yesterdays that . he
figured that 1 -tliet- schtme could be
put into practice at an expense of
$ 1 00,000 a ; year, and that ?it
would effect a saving to the tax payers of
$3,000,000 or $3,500,000 a year. Spreck
els, with, two associates, will put the
plan In operation with the hope that as
Its worth is demonstrated it will'be
come a citizens' movement.
The Idea" Is new to American mu
nicipalities and .has. awakened general
Interest the United States
at this time, when municipal govern
ment is one of the . most Important
problems f before the nation. Inquiries
have been received from several 'east
crn cities as to the details of the sys
tem to . be followed.' . .
"There is no business , now conducted
without an auditing agency, that could
not be run far more economically with
such an arrangement," said Spreckels.
"In general I should say that a saving
of 40 per. cent can be . effected by . an
auditing system. The city, of San
Francisco is run at an annual' expense
of something like $B,ooo,ooo 'and I be
lieve that with such an auditing f sys
tem as I propose between $3,000,000
and $3,500,000 could be saved. ' . -
"Such a plan would work . two ways.
In the .first place the city officials
would know that they would be held to
account for' every, cent, and, thus the
desire for extra profits would disappear
and -every man would .; attend : strict
ly and honorably\to. his business. In
the second place an. auditing body,
would" be able to device methods look-
Ing to economy by.'cuttlng, out useless
employes or those given office simply
for political reasons. .
"As an instance we propose : to have
an expert engineer, who • will , examine
the specifications for every city con
tract. He will ; see; that they are; fair
so;that all who deside may bid, and he
will then see that there Is no ring
among, the bidders. He will watch the
construction of all 'public works to see
that the city. ls not defrauded In;ma
terial or otherwise. ..
"When the :'men, who are In politics
to make a profit see that their sources
of revenue are eliminated they.wlll get
out of politics. In this way we hope to
! drive out the money . making politicians
and . with \ them . the ; corrupt': bosses.'; %
\u25a0/.\u25a0\u25a0 "We ; will also .employ detectives and
will ". have . a corps , ' of expert . ; account-*
ants, who will / keep 'check : on 1 eve ry /act
of: the city ' Officials." : \u25a0-: -.
: Spreckels < made -. no announcement as
to the men. who, will i be associated with
him* in" launching, the project, , but it ; is
understood that iWilllamJ.' Burns,, who
has gathered - the [ evidence ; in the ; graft
cases,-; will be; Invited to assist. Burins
has been asked A to make San Francisco
his'home'and it is said that he is in
clined to'do so.) :.'.';'\u25a0\u25a0.''" ;\u25a0 .-"\u25a0--•;' .'*•/.
BEGIN-ON SAX JITAN'ROAp^ /
\\*. SAN;. JUAN,; .June 25."-^-Constructlon
work was -begun " today r on 1 the' San j Juan
I Pacific railroad:; It '-la ;. expected^ to! haVe
the road "completed ' iri\ 90 v days • between
ChittWdeniajjd ; San;: Juan. \u0084 * [ _ j
'Scene in Judge Latolorls cowtssat^ay>iwMe;&tprnes T. C.\C6ogan has addressing the court
in behalf of the- indicted telephone officials. On the extreme left are Attorney FtpnjzDreXij and the convicted
'mayor, Eugene lE. Sehmitz. Orr the right are A ttorhey Charles W. Cobb and Assistant Distict A ttorney
Francis J.Hcricy. / . \u0084 = .-'.-. .^
Judge Lawlor
Takes Sheriff
O'Neil to Task
Custodian of Sehmitz Is
Too Deyotedto the
Sheriff. O'Neil's devotion to the cause
of Sehmitz resulted lnrtheiadrninistra
tlon of anpther pointed .'reprimand from
the court yesterday. •;'.'••\u25a0' \u25a0\u25a0 • :
. Judge Lawlor, who -took -the -sheriff
to task, did" not'express 'the 'same' gen- :
eral lack of. confidences In; that official
that Judge Dunne felt called upon
make I ' public, ; but " he .-lefttno room .for
doubt about, his .unwillingness^ to per
mit the sheriff ;to* 7exer,clsjß7 exer,clsjB his discre
•\u25a0 - \u25a0 " r-j!-tixXiirii. *.\u25a0;{-*- J. :^*» \u25a0:.' \u25a0\u25a0\u25a0'. •" ' \u25a0 !
tlon in jthe manner taking -.care of
a pet prisoner, v . ''•;\u25a0.*\u25a0<
The court -informed the < deputy -as
signed-to his 1 court on i Monday after
noon, that ' the .presence' r i 0f ... Schimiti
would' not ibe required^ until* yesterday
afternoon. •In addition to. this inf orma- 1
tlon Judge Liawlor,^ directed* that"; the*
sheriff be \ so .- Inf ormed ; and ;that • the
former' mayor be 1 kept^at' the; jail .until
the motions, he was .Interested in were
called In the' afternoon. ': .".'.';; v -*, ,' \u25a0\u25a0
, -: When -Judge - Lawlor,. \u25a0 ascended ; the
bench yesterday^ morning, Sehmitz was
very -much; in. evidence, i - Throughout
the \u25a0 morning : session \ he ; took^ the keen
est * Interest* in the \ proceedings, and
when" recess -was - ordered* Attorney.
Drew , asked the ;. court ,;, to ; permit
Sehmitz to go- home; to -lunch.';
'-/Before "granting the • desired " permis- ( '
sion ;Judge ; Lawlor called .the -sheriff *to
the.bench' and'Sternlydemarided:-- \u25a0
"Why.^were ; my express * orders with
reference i to. this prisoner .disregarded?
I expressly directed -that ' he . should \u25a0 not'
be i brought; here-; until Jafternoon.v. .
V O'Nell ', promptly pleaded ignorance •of
any 'such '• order. The {court > turned *to
the -j bailiff -for an .explanation: the
bailiff Vsald' he ;; had j;told'v the \u25a0<\u25a0 sheriff
about the .wishes-,- of > the \: court,',: but
that he \ had been :' uhabie -' to reach .the
jail j b y[ tei ephon c s to ; a pp ris e*' the"; jailer.'
- >ThQ^ court ; : wway.s y. plainly^' skeptical
about / the ' ;explanation,-. ; : but .contented
"himself;; with;: saying:.; .';: . : ir;:;',l^'\V'?::.i r ; : ;', 1^' \V'? : :.
•(\u25a0 ] "itwant \ it', distinctly, understood>'that
I ; will ' not submit • to' ; , tHfl?rig |the.
orders (of .*thls;cc^rt/.-andlfulrth*er ; t
the 'of i th'lsj court are) n'qt'tofi be
transmitted -byr telephoned. /Let '.TherV
bV;n6;more miJit&keJs. 1 ' \ :^-ft
Coogan Argues
That Acts of
Jury Are Void
Contend^ Inquisitorial
: ••\u25a0 Body Has No Legal ;
Existence .
' That the Oliver grand jury was dis
charged^ by operation of law j prior ' to
the indictment of his client. -Louis
Glass," was the burden of the argument
made by Attorney T.\ C Cooganj before'
Judge Lawlor yesterday afternoon../,:,;
1 sCoogan's argument In support of<hi«
| motion to 'set aside" the indictments
against Glass was a carefully consid
ered admirably s presented .'.effort.*
He- touched briefly, but always clearly/
on .a" number- of his contentions^set' up
in his formal motion. .The , exhaustive
portion of -his- argument was devoted
to the void character of indictments; re
turned "by. a '.grand "i, jury; 'which -he
claimed x had- no -legal when'
theUrue -bills" werevoted. < " r \-/. \u25a0''.':
\ In \u25a0; support"; \u25a0 of * tnis , C claim .Coogan
: argued .that on; ;" February.:; 12, ,1907,*
every' step~' in-; the"; preparation v of w'the
r 'new! grand : jury/ list' 1 for? 1907; had' been
completed,', and * that^under^tha 'code,'
,whpn^ that f list s was perfected andj cer
tified to the clerk, the Oliver grand : jury
passed \u25a0 out ; of 'exlsteoice.
Indictments 1 voted by . theOllver :graiid_
jury two; months " later were 'absolutely
void and without', force.' •
, Coogan "tpok- the 'court a
careful ,of \u25a0 -the amend
ments -to* the f . code from: 1872't0 fISDS
in .'support of his ; contention -that the
legislature , intended : that ] grand juries
should -be annual bodies..; He insisted
that -there could- be <but one construc
tion'upon] that clause of the code pro
yidlng \u25a0 Vthat ' grand - juries "should serve
until a new- list was, returned,^ holding
that I.returned" meant when ".the '.new
names .were placed In the box. He also
laid^ marked stress - upon ; the language
of the = orderby which the listiselected
in * January, * 1906,'' was certified "to : tl»e
clerk. The.^ words" /to serve ? forJthe
year... 1906"' appear ''twice in order^
and |he that \- under, , the terms
of that order the life -of the sitting
'grand jury could not be prolonged over
halfjof-tne.year. : i9o7.
\. . "SAYS ;JU»{; IS' S ILLEGAL ;BODY ;
' -.^The i minor t features \ of ' his . argument
"dealt with- the of^ unauthor-"
Izedipersons in -'grand -jury room;
.'the Kf allure the I name ; "of
Supervisor '' Sanderson -on .; the \u25a0• indict
'mentsriUhe? alleged ;?/ failure", to v restore
Continued on Pas e 2, Bottom Col. 5
George A. Van Smith
In a desperate effort to avoid going to trial and
enable them to bring political pressure to bear for a repe
tition of the legal fiasco which discredited the Wallace
grand jury and gave Chris Buckley immunity, counsel for
Frank G. Drum, Eugene de Sabla and John Martin tried
yesterday to force from Judge -Lawlor a decision that
would permit them to remove their -cause to the appellate
court, immediately.- > •- •
and John J: Barrett, attorneys
for, the: officials indicted for the gas rate bribery, interposed
a : motion for a . stay of proceedings and made a futile i en-*
deavor to' secure the", court : s peremptory refusal to- enter-"
tain the writ. The court declined a formal
ruling, but insisted upon the interposition of an answer
under the provisions of the code, which resulted in the" sub
mission of a motion to set aside -the indictments.
The motions for a stay of ; proceedings, like the mo
tions to set aside the indictments, are based on the alleged
invalidity of the grand jury and the consequent void char
acter of the indictments. The several specifications made
by other defendants are recited, but the basis of the de
fendants* principals-contention lies in the claim that the
Oliver;grand jury; had by. operation of law passed out of
•legah existence months before the indictments against
them were returned. yj t
Briefly this claim is that the Oliver grand jur>' ceased
tofbe a legal. entity upon February 12, 1907. , This theory
is \u25a0 worked jout: on the assumption that the code by implica
.tioniprovides for the death by operation of law of the sit
ting-grand'jury when- a new grand -jury list is selected and
certifiedHo;tne:c^ • •
* The. : grand;. jury.: list =irdm .which the Brerinan grand
•jury;. and \ifip ipHVer .gran^'jury^nqw sitting were drawn
•xvas'selected' by the -judges of^the; superior court in Janu
ary;;;l9b6. Mn : with the provisions of the code
the 'judges selected -the 'new- and extant list in January;
\\9o7yl This 'list 'was CcertifiedHo- the county clerk and he
arranged the- 144 \u25a0names and iplaced them in the grand jury
Impertinent Question No. 5
What's the Difference Between a Bribe and.a Fee?.
I For the most original or wittiest answer to this ques
tion—and tKe briefer the better— The Gall will
•"\u25a0:';\u25a0 pay FIVE DOLLARS. ' For the next five
answers The : Gall>vill paypNE DOLLAR each.
Prize winning answers will be printed next Wednes
day arid checks mailed to the winners at once.
Make your answers jshort and address them to .
IMPERTINENT QUESTIONS,
Prlie Answer* , to "Wby Should Yon Hare m Vacation V*
.- -. - . \u25a0\u25a0 1 \u25a0 — ii A | \u25a0"' '"\u25a0UMUUI
1 . : $Z prize to C.?W.-L. Read. 474 Second avenue.' San Francisco..
-My wife is thebest dressed woman "at. Sea .View hotel.
' . ?1 ~p™**>.t<>-R.:B .'Bell, 2343 Pl«dmoat arenne, Btrfcelej.
" To .rest -up. from- theiohe I . had last week. •
\ 1 to'G.;'A:;Hoidcn.. 1239 Eddy street, Sao Francisco.
• 'Needed; earned and coming. ; ' '\u25a0
' \u25a0 •--\u25a0• \u25a0 \u25a0 Vwil' g %* '^ *M"l^^T^'"'^N*'T™^^r^jslPr^UnmWnißßnl
(1 prize; to- Joseptiiae E. Bock, Stony Point. Sonoma coanty. CaL
V To avoid those who have had- theirs. * '
'\u25a0 $1 prize. to Cora 1 Reynolds, 2130 Haste itreet. Berkeley..,
, ."-\u25a0. -,\Tof get; tired. \' ;-\u25a0'*; \ \u25a0'. : ')'] > . v '
. , \ $lj prize to ' Helen Bran Ing, 862 ; Henry ,«trcet. OaJtland
'l ' Read' The 'Call's summer resort ads.
i. .,.../,;,.;,;,: ; ' :— = — —7——-777 — —-77— — r^
The story of the bracelet of her arices-^
tors-and the- Chinese girl who wanted.'
American dresses and an American
divorce will be a feature of
the Sunday Call
PRICE FIVE CENTS.
TRY TO FORCE
A RULING FROM
JUDGE LAWLOR
Attorneys Plot to Remove
Cases to the Appel
. late Court
EFFORTS ARE FUTILE
Motions to Set Aside the
Indictments Are Then
Filed With Clerk
ATTACK GRAND JURY
Counsel Contends That In-;
quisitorial Body Is
v Legally Dead

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