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2 Attorneys for Gas Magnates Fail in an Attempt to Carry the Case to the Appellate Court box on February 12. 1907. The order of the court by which the 144 na.mes on the old grand jury list wes certified to the clerk included the words. "Grand jurors for the year 1906." The code provides that grand Jurors selected from the list than eerve until a new Krand jury list is returned. The de fenFe contends that returned means certified to the clerk and the prosecu tion that returned means into courf. If indeed returned means what the defense claims it does, then the Oliver jrrand jury, in the light of the decision in the Brucner case on which the in validity of the Wallace grand jury was determined, is without legal existence and has been since February. All of the bribery indictments affecting local 1 captains of industry were returned subsequent to that time. In view of what is generally under stood to have been the attitude of the appellate court in the Schmitz case, the j defendants in the gas cases are not j bMicved to take their alleged law point] seriously. It is the current belief that I Schmitz* sudden withdrawal of his mo- J lion from the appellate court was due | to receipt of information that the de- j cision of the court which was to be banded down on_the day of the with drawal would be adverse to his motion. In the pood old days, when Chris Buckley ficd to Canada pursued by a Wallace grand jury indictment, there were no district appellate courts. A notion akin to that Interposed by the gasmen yesterday went on appeal di rectly to the supreme court. The Wal lace grand jury was secured through an clisor appointed by the court, ap prised of the thorougrhly_packed char acter of the regular list. Buckley went to Canada and Supervisor Braener at tp.okod the indictment against him on the ground of Invalidity. His motion was sustained by the supreme court. Popular opinion, backed by the vigor ous dissenting opinion of Justice Beatty. ascribes the decision of that court to political pressure rather than legal deduction. Garret McEnerney's efforts to secure an immediate ruling yesterday, coupled with Barrett's later explanation of their reasons for interposing the ex traordinary writ, has given rise to a well defined suspicion that another at tempt to play the Southern Pacific' 3 political department against the in tegrity of the court's is to be made,* The motions were Interposed yester day morning immediately after the conclusion of a rather perfunctory ex amination of Secretary Burnett of th* grand jury and the inquisitorial bodys *t*>nographer. Miss L. H. Condon. The rode provides that within a reasonablo time after arraignment the defendant must plead, answer or demur. The interposition of the motion to stay proceedings which Involves a mo tion of dismissal, brought forth a vig orous objection from Special Assistant Prosecutor Cobb, who attacked the mo tion as a "thing unknown to law." McEnerney declined to argue in favor of his motions and Judge Lawlor de clined to rule, saying: "The order of the court on the tender of these motions will be held In abey ance." McEnerney attempted to force a rul ing and finally demanded a decision. Judge Lawlor defeated the attempt to secure a ground for an Immediate ap plication for a writ from the appellate court. He *atd: "The court refuses to order these motions filed at this time. The order of the court will be held In abeyance. You will answer.** . In compliance with the court's per emptory command the defense submit ted motions to eet aside based on vir tually the same grounds as those Bet up by the Other defendants and in the motion for a stay of proceedings. Barrett admitted later that the de fense had made use of the extraordi nary writ for the purpose of getting the case before the higher courts Im mediately. If the defense fails to se cure the relief it seeks from the ap pellate court, it will go to the supreme court. And if that court, as the result cf political pressure, can be made to sustain the motion, all of the work of the graft prosecution. In so far as the indictment of the trolley, Parkside and gas financiers is concerned, will be vr'.ped out- The proceedings yesterday morning in the gas cases were brief. McEnerney elicited from Burnett the manner In which the stenographers of the grand jury were employed and Inducted into office. Miss Condon's testimony set ai rest the claim that the defense had not received a transcript of all the testi mony touching their cases given before the grand jury. Miss Condon said she had taken and transcribed all the tes timony in the gas cases and that the transcripts were complete. JAPAN AGGRESSIVE IN MANCHURIAN POLICIES Plans to Force China to Settle the Timber MCKDEN, June Js. —^Without wait ing for an announcement of the policy of th,e new Manchuiian administration, Japan, on the ground of defense of her treaty rights, has begun a program ap parently directed toward forcing action by China. It is reported that the Peking government already has been asked 'to reopen negotiations toward reaching an agreement in the timber dispute. All Manchurian industries on the Talu river are in a state of suspense on this account General Kojlma, military h«ad of the timber bureau, is levying «n one-fourth of all timber. Three thousand rafts are tied up for the trad ing sea.son and 6.000 rafts are involved. Owing to the fact that 10.000 idle lum bermen are now in Antung, disorder Is feared. General Kojtxna issued a proclama tion today Intended to relieve the situ ation. China's default in the negotia tions azsd its support of a. large timber company in defiance of Japanese pro tests has rendered void the plan of X ojlma for stopping Chinese timber operations, which he holds to be illegal. China's course eince" May has exposed he.r to coercion by the altering of the Japanese Manchurian policy from com. promise to force. GRADE TO nEM.U.V AS IT IS The proposed raising of the official i srrade of Polk street at its intersection with Chestnut' street will, not be car ried out- Judge Seawell decided against it yesterday in the suit »f John H: Sievers against the Warren improve ment company. Sievers asked for a permanent injunction, and Judge Sea well granted his prayer. The decision was not based' on the contention' that property owners would suffer, but on the ground that the Warren Improve ment company had failed to obtain the necessary permit for the work from the board of public works. THE BA.\K OF SAX FnAACISCt> Dividend .Notice successor to tho Citizens' National Bank. Polk and Sutter; stF^ets, '-has de clared a dividend on savings accounts .for. the half year ending Junr SO.at the rate of four per tout per annum, pay able on and after July h - * " Extra Tax Rate Levy May Be Carried to Courts Point Is Raised That Absence of Rea Invalidated Act ' of .Supervisors No increase shall be made in the I rate of taxation (dollar limit) au thorized to be levied in any fiscal year unless- such increase be authorized by ordinance passed jby the unanimous vote of the su ipervisors and approved by the^ ! mayor. — From section 13, chapter i 1, article 3 of the charter? The fact, that Supervisor- Rea was not present at the meeting of the' board Monday and did not votg on the ordi nance providing for an extra tax levy of 20 cents in addition to the $1 limit is construed by the opponents of the measure to be a violation of the plain provisions of the charter, and will, 'n all likelihood, be utiliaed in an effort to have the extra levy declared invali dated. REGARD LETT ILLEGAL While the ordinance, was passed by, the unanimous vote of the 17 super visors present, it is contended that the charter was not followed because Rea was not in attendance to make it a unanimous vote of the entire board of supervisors. Therefore, the levy is re garded as illegal in eons quarters, be- ; cause the word "present--' does not'ap pear, in the charter provision. The. dis tinction is a fine one, but many ira portant legal cases have been lost for less cogent reasons. Should the levy be declared illegal by the courts on the ground advanced the appropriations of $720,000 for the cleaning and repairing of streets, and the $100,000 to increase teachers'/ sal aries will be null and void, as the in creased levy was made for those par ticular purposes. Incidentally, Supervisor Rea will ex perience considerable trouble iji ex plaining to the 900 teachers affected by the levy his reasons for remaining away from a meeting at which so Inuch was at stake. GALLAGHER IS TS DOUBT | In his veto message Schmitz referred to the action of the .supervisors in shifting the $720,000 appropriation for the Geary street road from the 20 cent extra levy so as to include it in the dollar limit and putting the $720,000 appropriation for street Improvements under the 20 cent levy after the ordi nance "was first passed to print Schmitz saw through the plan of the super visors to "pass the buck" to him and he vetoed both items, which vetoes, however, were not sustained by the board. Acting Mayor Gallagher said yester day that the extra levy was legally passed by the unanimous votes of the supervisors present He did not think that Rea's absence would affect the matter, though he admitted that the question was one for judicial, deter mination. . ; Rea explained his absence from the meeting by saying that he waited nearly, two hours for it to be called to order and -finally left in; disgust when his .colleagues failed .to . come out of i their secret caucus In the anteroom. City Treasurer Bantel Wants Both Signatures Says Gallagher and Schmitz Mast Indorse All Demands. Before He Pays Them Up to the close of office hours yester day no demand signed by acting Mayor Gallagher had been presented to City Treasurer Bantel. The latter official had announced that he. would not cash any demand that was not signed by both Schmitz as mayor and Gallagher as acting mayor in. cases where the charter required the signature of the mayor. The graft prosecution had planned to make a test case of the mat ter in order to determine whether the treasurer could be compelled to recog nize the authority of Gallagher as de facto mayor. / " Auditor Horton stated that he' had signed the salary warrant of Schmitz for June which had been signed by Gal lagher as acting mayor. Gallagher said that he had not signed such a demand, but that he had signed a demand on the urgent necessity fund In the sum of Jll9 for the repair of the big red auto mobile which is used by Schmitz to convey him to and from the county Jail. Gallagher stated that the salary de mand of the mayor would not come to him In the ordinary course of busi ness, but that he would cheerfully sign Schmitz' demand for the month of June up to the time that he, Gal lagher, had been elected acting mayor on Juna 17. Schmitz under that con struction would only be entitled to seventeen thirtieths of his monthly salary of J5OO, or $283.38. Gallagher further stated that he would not draw; the salary attached to the mayoralty, ' as he had refused to do so" on " former i occasions when Schmitz had left the state. That .was when the relations between Gallagher and Schmitz were more cordial than they are at present , Gallagher also said that the monthly allowance of $300 from the mayor's contingent fund had -already been drawn for June by Schmitz, but Gal lagher was not prepared, to say \u25a0whether he would present a demand for the July allowance., "If I find that the expenses of con ducting the mayor's office are such as to warrant drawing on the contingent fund appropriated to the office It shall draw a demand for. the money," said Gallagher.V^BßßSßVßHPm Auditor Horton stated that : he ' rec ognized Gallagher "as the de facto mayor and would honor the latter's signature on . all demands' presented to him. Bantel reiterated his - deter mination not to cash any. demands ' un less* they were signed by both Schmitz and Gallagher, and it looks as though Bantel had the whip hand in the case.' Judge Seawell Decides Against Chief of Pol ice Overrules Dinan's Objections to Ouster Proceedings' Begun by the Grand Jury Chief -of Police Dinan's objection to the proceedings to oust. himA from office; which' are based on; the. grand;Jury"s accusation; that he was. guilty of will ful misconduct in tampering, with * the veniremen: drawn for the Schmitz 'trial and that he I had conspired; with' the Frenchman, Andrleu, to. maintain a Barbary Coast deadfall, were over ruled yesterday by Superior Judge Sea "^-"'iTtiTWiifMfflwnriiiH'i ipij— > Through his attorneys, . Nat Coghlan u^i B«bert Idcilil 1 an, : Dlnan • will * apply THE . SAN /mAffCISCOjOALL^ 1907. for a writ of prohibition to the appel late court today and alleges .that Jndge Seawell has no jurisdiction to sit in the case.' ' . \u25a0 \u0084 . '. ._^ ;,; \,\". _-\]-/ : - .. Coghlan and McMlllanVaised the con tention that the constitutional amend ment passed last year provides that the dismissal of municipal. officers appoint ed by charter provisions is dependent on those provisions..- Dlnan," in other words, can only be dismissed on charges preferred by the police commissioners responsible for his V* appointment* In the absence of charges by the police commissioners against Dlnan his coun sel argue that he has to be charged with misdemeanor before a police mag istrate andtried. In the- event of his conviction the police commissioners can then be forced to dlsmißahim. In overruling the/, objections , of Dlnan about the invalidity oi the pro ceedings'against him? Judge Sea well said yesterday that he was not inclined to rule positively r on the right of Dinan to investigate venlremen. "There can be no doubt," he added." "about the other charge ' preferred', in this case. A chief of police who con spires to maintain a house of ill fame Is doing something not only outsido the province of his office, but is clearly act ing, in gross violation of the law." V Judge Seawell continued the case for plea until Friday. Dinan's counsel gave notice of exception : and announced that if the case eventually came to trial in the superior court A they wished to have it heard before him. —Assistant District Attorney Robert Harrison ex pressed a like preference for SeawelL % > It Ms believed, that by the time Dinan's attorneys have exhausted their obstructive tactics in the appellate and supreme courts the vacation of Judge Seawell will be ended and he will be ready to fix a date for the beginning of the trial. • City's New Mayor Has Not Yet Been Selected Prosecution Is Deluged With Letters From Aspirants and Their Friends Eugene E. Schmitz will appear before Judge Dunne • tomorrow for sentence. His attorneys will ask for a delay, but the prosecution desires that the matter be expedited in order that the reorgan ization of the city government may be effected as speedily as possible. The prosecution has been unwilling to go ahead with its plans until sentence shall have been pronounced upon Schmitz. The attorneys *or Schmitz had planned to file yesterday the new peti tion for bail with the district court of appeal, but the document has not yet been completed, and it may be several days before it is filed. In the mean time - fcchmitz- will rest content In the county jail and from his quarters ther« will ; attempt "' to \ conduct the business of tha municipality. ; - The prosecution announced yesterday that the new: mayor had' not been lected and {. that / Gallagher.;, would • .con-i ti nue as acting mayor. « until ' a selec tion had been made. In the meantime -candidates appear every hour. The district attorney's office has been deluged with letters from aspirants for. the place as well as from their friends. In the Mission a movement has de veloped in favor of James Rolph Jr.,' of . the shipping \u25a0 firm of Hind, ; Rolph & Co., and president of the > Mission bank. Rolph is on his way home from Europe and is said to be in Ignor ance of the little boom worked up for him. He will return to San Francisco in a few. days and will be the guest of his admirers at a banquet shortly after he reaches the city. \u25a0 Rolph is a member of the California Promotion committee. > ." Friends of F. W. Dohrmann' have urged his name upon the prosecutors, but Dohrmann himself has not been an active candidate. * . FIGHTS WITH HIS PEN Schmitz Crosses Out Gallagher's Signature Before Signing Permit '•'\u25a0' The resolution: passed by the super visors last Friday granting, the. Central athletic ;club :a permit? to conducts an amateur . boxing ."exhibition was' re- ; ; turned yesterday by Chief of Police "; Dlnan, who had refused to recognize it until it was signed by Schmitz. The latter had drawn lines : through j the ! name of Acting Mayor Gallagher, and ; had signed his. own name instead, as 'mayor. "When Gallagher saw what Schmitz .had done; he rewrote jhis sig nature as "Acting Mayor" at" the' bot tom of the resolution. MANY LABORERS HURT IN COLLISION OP CARS Fog Is So . Thick That Motorman Fails to See Train Ahead •>f Hini; .^ \u25a0" " LOS ANGELES,: June ; -. 25.— Running through . the dense , fog along. the ; ocean front early today an electriccar on the Los Angeles-PaclflC; -'railway, loaded with 72 laborers, crashed Into; the rear of a meat train "of three cars ; at -the switch of 7 the Southwestern Packing company,, six- miles this side of Playa del"" Rey, demolishing the ' car, hurling the men in \u25a0 the air: and injuring more than a score of them.' V: -. : . Motorman^. Valdez, , who was runhlng the car, and .10 of the' more 1 seriously ; injured were^brought to : ; the -receiving hospital here. „? , Their", injuries consisted of broken bones and : minor hurts.'j Few, on the car. escaped' injury^ of some* sort. All" of the men" were* Mexicans."" TWO NEW NATIONAL BANKS ARE FORMED IN GOTHAM Former Governor; of -.yermbnt: Will Be President of One of the Institutions NEW. YORK,' June;2s.—Two;new";na tional banks, . it .was \ announced . today, are , ln process' of ' formation here. L t One of \ these,' ' the I Slierman f- national \ bank." has i about " completed^ its < organization plans,",: but >' the ? other < bank, "which « will be ', 1 ocated .in.„ th c ; Forty-secon d street district, i and .will :be y known /as !:'the Bryant Park ; national, may hot begin business < until sbmeTtimt ; ln*? the' fall, v The Sherman natlbnalibankUs being organ ized by -Edward '• Ci , Smi th.'s former governor 'of iYermont *who iwill become president vof J the '-\u25a0' new \u25a0.% bank.'; ; A's lease has been taken, of I the quarters 'in -the Astor;,Cqurt: building at% Thirty-fourth street: arid s ABtor court' ' ;-\u25a0 ' - STAMPI.\G OUT AGITATIOX : Junn 25.— The ; < government has ; closed "\u25a0 thrj 1 republican"? cl übsjas "j the resaltrof tile -political^ \u25a0agitatipn.v, -T.? ! POLICY HOLDERS DEMAND COMPLETE SETTLEMENTS Compromises Effected by . False'' Representation, ' : ] '[\u25a0 They Allege MANY CONCERNS SUED Insurance Companies Placed in the Light of Crafty - v Swindlers/ : Suits to compel seven Insurance com-! panics.to pay : over what' they saved on ! compromise; settlements . following ,- the great fire -of ./ April, 5 ; 1908, were begun yesterday, by i the . Policy Holders' adr justment company. The defendants are the \ Caledonian 1 insurance company ' 'of Edinburgh, j Commercial , Union . assur ance company of London, Prussian Na> tional -Insurance ; company, American fire Insurance company. of Philadelphia,' Law .Union i and (Commercial ; insurance company, Hamburg-Bremen insurance company . and the ; Agricultural insur ance company. ; " .. :, In > each . suit the defendant is charged with falsely representing itself financially unable to meet its liabilities. Another; allegation iis that the ; defend ant corporations 'said- nothing; of hav ing reinsured most : of their . business with solvent 'companies. : y \ ' "!> The 7 ; suit I against I the <•' Caledonian is based i on; the: clalmVof - Schoenholz & Elsbach, who : took ; $10,000 on . : a policy for $12,500. ; The -other sultsTare , of - a similar nature. ,; According to .the com plaint, the Commercial Union, by mis representation, ' induced ' the \Good7ea>" rubber company 'to accept $12,500 -in full - payment i for . twa policies ; ; . calling for $25,000;; the Prussian- National paid only $3,652.89 on? a. "claim of the^Good year company for $4,870.62; the Ameri can fire settled the $10,000 claim of the Williams-Marvin V company for $5,000 ; the Law JUnlont paid? $18,000 on the $20,000 claim' of the Joseph Rich com pany; .the Agricultural made, a similar settlement of a Rich claim for the same amount, and the Hamburg-Bremen paid $9,000 on Charles Hirsch's claim for $12,000. - , In each case the, Policy Holders' ad justment'asks, judgment for the differ ence between the face of the policy and the amount paid by the defendant in surance company. "; SEVEN PERSONS KILLED BY FULL OF TENEMENT Structure Built 50 Years Ago Collapses and Buries Inmates : NEW YORK, June ; 25.-^-Seven per sons,' r six ' : of 4 thern^ members -:'ot '$ ono Italian-, family,'^ were skilled early£ today in»'the"collapse : of ?a 'tenement hin'-the 'downtown Italian quarter. ;« Three other, members of the same \ family, * including the" 1 father .' and \u25a0 mother, Xwerev injured and are In a' hospital, but will^ recover. Exciting/scenes followed •'. the* collapse of .the structure,*: one lof .which; was the rescue; of an old ,man from .aC two foot ledge 40 feet from" the ground, this portion of the fallen building hav ing adhered to the adjoining structure long enough, to;. permit the flfemen to get to .the scene, raise a ladder and take the man ; safely to -:\u25a0 the ;\u25a0 ground. Then it also fellinto the-ruins. The collapsed building was . a four story : affair, built : over 60 years ago and was -' located at the | corner : of Walker and ~ Lafayette streets. It had been \u25a0 in a dangerous condition because of excavations - for a new building on the adjoining premises. .Most, of the tenants,^ warned by the ominous creak ing, fled a few minutes before It col lapsed.* . '• The dead were buried under. tons of debris' and it was not until the 'firemen and I volunteers | had .worked ; % f or,j four hours that their bodies were recovered. George Blumenthal, \u25a0 the ; \u25a0:. contractor who : had ' charge of the repairs \u25a0of the building, was arrested ': and charged with homicide. That many more people did not lose their lives in the collapse of 'the build- Ing was due to ;the two younger occu pants of the ; house, who attended 'an Italian celebration last 'night:.. The boys reached home ;<; < shortly., before \u25a0 2 o'clock ; this morning and.v.warned 'by the severe shaking of the house, v ran through the building and warned the sleeping tenants of the \u25a0 fmpending danger. . , BtACKjHAND SOCIETY THREATENS _TO KILL MAN Members of Gang Try to Dynamite Italian Leader and Family and Then Demand- $I,ooo ' NEW YORK, June '? 25.— Members of the Black Hand society, who attempted recently^ to", murder 'Joseph \ Aft Mar roney'and his : family: by.; placing'dyna mite In the i kitchen stove at ; his home at/: Mount \u25a0'. Vernon, ' :: - have '= now. : set the day.fer his murder unless: he gives them; $1,000. Marroney .' 7 received;,,, his last v notice > through . the mail \ Monday. The' * letter,; which ? was postmarked New'Tork, had a skull and cross bones at (the head, 'and read: -^ ;. ; Cnleas yon leay« $1,000 where we told you to, you'll b« killed and boiled la the Sew Roctelle cemetery by July B. "•; :-. \ "' The : message was" . signed V; 'Tßlack Hand." After \u25a0 ;the ;. signature" was drawn a ; coffin. 1 . 'Marroney ,'-•' the.i pro prietor! of the Wigwam.v hotel. Mount Vernon, is a wealthy democratic Italian leader in the I section. ; The; police ; have arranged to guard Marroney : night and day.'_. "\u25a0'";"- :'\u25a0-.'\u25a0 ::.•'\u25a0\u25a0"\u25a0.\u25a0\u25a0\u25a0:.•\u25a0•. "*\u25a0' ' : COLORADO PROMOTERS ARE \ .JAILED AS SWINDLERS Federal Jury Indicts Three ; Well \u25a0Known Men on Charge of Us^' ing: Mails'; to Defraud DENVER,; June 25.— Charged with using . the ; mails j in 'I t urtherance '<) of Va scheme' to|defraud,V. the 'i medium V being the i Financial Vsecurity.' andi trust !V com pany,"; the • Goldfield' GlowAmlning|com pany,;and Uhe i ". Free mining company, , W. - F.f McQuarrle,v president of ithe first ; named ' company ; and ? one ; of tbe most prominent -rand^wealthiest mmmg < promoters •\u25a0 in \u25a0 Denver; Dr.l D.'A: Saunders,v;one of^hlsi assoclales^in business, , and] P. : ~Ai2 Saunders,*; secretary ot % the ,,: Financial : securityi ty and '<i trust company.'iwere.' indicted ; byj the « federal grand^Jury.^Theyiwerefarrestedftodajr and cach^gavela- bond' 1 In^ the -sum^of and. Bert Schlesinger.attorneysjatJlawjarejnow associated* together *as 'DinkelspieP. '&' Schl esi nger;^ wi th • 7 offices i: ; 1n £ Cl aus Eprtcktlf.ibidg, t«& ismßVTity HlS,"** FRANCE WANTS DUTY ON WINES REDUCED Jusserand Returns Home to .Arrange Agreement , \u25a0•' -With America JEALOUS OF GERMANY Root }Keeps Eye on Large ; Income Derived From Champagne WASHINGTON, /\u25a0 June', 2B.^Not'^» treaty.* but. an" agreement ' Under, section 3 of the Dingley . act, is J the purpose . of the visit to France of Ambassador Jus serand.- * For ; several : weeks before Sec retary Root's departure > for his sum mer, home he had bee'nln frequent con-r f erence with ;- tha ambassador relative to the tariff relations of the two;c6un tries." The French .V government - had taken notice of the conclusion of the German- American arrangement ."'.: "., and was prompt -in expressing - a deslr* to share; in the: benefits thereof. . ... -: •; The ; state department \u25a0 had : announced that' it : was f . prepared \u25a0to make similar arrangements .with other, countries where it'was : possible tQ reach an ar rangement In trie mutual reduction' of duties. \u25a0 America already has a tariff arrange ment under section 3 Iwlth France cov eririgthe whole list of goods on which this country can grant a 25 per cent reduction of duty, with the single ex ception of champagnes _or sparkling wines. • The -. French : government is un derstood to desire v to secure' this last remaining favor, upon^the ground, that a -similar concession had been granted to Germany. : But the- factor of "equiv alence" 'is lacking in, this case, for the trade -in German - champagne is trifling 'and the loss of revenue to the Ameri can tre*aßury;.ln. that case is insignifi cant. Upon the other ; nand, the cham pagne imports into the United States from France last year were valued at over $13,000,000, and a reduction of duty ln^ that case would become, very in> portant. . BALLOOV-FALLS INTO SEA NIEUPORT, Belgium, June 25.— A balloon coming ..from the direction of Dunkirk fell into the sea v tonight Tugs have gone out in an attempt to rescue the aeronaut. .^' TO CRUSADE AGAINST CONCEALED WEAPONS Police Desire to Deprive Humane Officers of Privilege r The shooting of - "W. A. Forgey, -a strike •; breaker.'.by.; ."William .- Blumberg; a | special officer ' of a the \u25a0 Pacific . Humane society,^during a riot- in : Van Ness ave-^ nue, j has ; caused .the /police' to look into the;: law?? relating to the .carrying of concealed \u25a0 weapons,' the purpose being to deprive those connected • with" varl-; ous societies and organizations of the privilege. V .' ';^ m ;Under the police regulations the de partment .must." keep a record of all persons In the city who carry con cealed^ weapons. 1 The police commis sion issues . permits to special police men'and persons who can show cause. Those carrying weapons on the strength of humane society .badges secure their privilege^ from the Superior court and the police contend that there is a con flict of authority. \u25a0 Many prominent citi zens -and. likewise a number of irre sponsible : youths are said -to bear wea pons under, pretext, of ; being humane officers. j of the telephone company carry .weapons . and • exhibit \u25a0 badges : of "special ; policemen," which 4 are issued .by the company without the 'sanction of the police commission. : Should It be found that these per sons V cannot legally carry weapons, wholesale .arrests : will . follow.*. \u0084 OAKLAND EMBEZZLER CAUGHT SACRAMENTO, June 25.— 0n the re quest; of the distrlctjattorney of Ala meda county, V Governor • Gillette issued this morning a requisition on Governor Hughes %of i New. Tork for the ' return to; Oakland "of George Ganzer, wanted there ; for,:? embezzlement." Ganzer Is charged by, his former employer, .H.B. Ketz.'of Oakland,- with having run oft* with the -sum of j $200 \ Intrusted to ] his care. He is being -held^ In the' east awaiting ': the '.arrival' of T. J. Flynn, who. is- agent for California in the matter, i^ >- COOGAN ARGUES THAT GRAND JURY IS DEFUNCT Continued KromPaprel, Column 5 thegrand Jury ibox. after the ,flr« . and the* claim . that' thia. Brennan grand jury was .'not discharged. .The. administration vof ' the oath of office '\ to ; the * grand': Jury.; stenographers by Foreman Oliver was attacked on. the groundjthat.the ,'.; code by Implication contemplated the administration of the oath 'by I the /court,;' and ; by the same Implication \u25a0 that \ the loath \u25a0 administered should " be lden tlcal with that taken by the foreman and members of the grand jury. -S Following.^ this '} argument Mo ? its natural^ conclusion/ /.Coogan contended that the ithree* stenographers -were .as many .unauthorized -persons in the jury room, ; in^vlolationiof ,the code.':. ; ;;'; ;' The! failure^of 1 Judge Graham's clerk to "engross In the minutes' the orders for"-, the \u25a0'„ return '\u25a0 ot the names to the grand? Jury,; box^Vthe discharge; of. the Brennan l grand j Jury.; and the: adminis tration"jof ithe , oath : to. the] Oliver ; grand juryjf urnlshed^ three ; more minor, objeo tions jWhlch • Coogan claimed proved '.the present -, grandT jury i an ', illegal body at its' ; veryi inception. '. i -,; :f_ Cooganfnextf assailed -, tha restoration of ithe :'gr*and j jury ; box fafterUhe" April disaster, * because v; it' was ;.' notvehcom passedHunderithe .;\u25a0 | provisions of the restoration", of ./records;- act \u25a0% passed Ij by. the| legislature \u25a0; \u25a0 in >i the '^extraordinary session ; of 1 1906/; He contended ! that ; the restoration ]of a theVgrand | Jury ' box was the restoration^ of ' records In 'j both f_a crimlpallandfapeciar. action,; and, there-, fore," r J 'the^purview.*; of v the "\ acL .Takinglthej other side of ; the argument, he . insisted \ that : if i. the \ 'restoration "[could be effected [by. an! inherent power of the court 1 it > could i be i accomplished •: by _ ; the exercisejbf Athat S power r by" at: : least - a lmajority/6f j thelmembers fof } theTcourt; and? nofibyithe act of a ; single ; member, 'Judge 'Graham.^ ';.": * '.;-V.v- ['.-'. .- ; D.vi M. I "';; Delmas. .', .associated , . ww I th Coogan"; in\|the?def ense jof 'Glass, ad 'dre«ed''' ib» ; wurt ' biitfly/ is • smpiiflca- Champagne that has won the high- est place in popular favor— on merit ! el i^w^KmJ^^^^ 3 "' * Ift \u25a0 \u2666 ji* <&% *\l JH \u25a0 - \u25a0 \u25a0", \u25a0» i\ If—i ' IT ,*TT^ Km " * " MSM • ?\^W \u25a0\u25a0 .* M^S'- X *\u25a0 AM^ VIGNIER, INC. Pacific Coast Agents . San Francisco tion , of; the. contention that the Oliver grand Jury- was, discharged by opera tion of the law in February. ' He said that it Is of the essence of the law and plainly the intention or th« legislature that a grand jury shall be a temporary body and that after the certification of the list for 1307. indict ments returned by the Oliver grand! jury had not more standing in law than .would \u25a0;,' indictments returned by the board of, supervisors or the board. of education. ' Del mas interjected^*, bit of dulcet sarcasm by referring to the supervisors as an . honorable body. - . Delmas suggested to the court that the Glass, trial set: for Monday, July 1. be postponed until July 9. Heney. ob jected and brought from ' Delmas a rather? ruffled "statement "that the de fense was ready to proceed at once, and had. In fact, been ready for. more than a v month. The court took the defense at its word and permitted tha trial data to stand. Kfi£HBS&B2I3 $35 Suits Ndw \u25a0 -\u25a0 . * ' \u25a0 \u25a0 ' ' - \u25a0 OXt^ *^^ c peculiar condi- *ss%»* ti° ns have pre- vailed this season I^lS^/ have left us with too ;^y many high grade \u25a0 -\u0084 suits./-,; f{ r e want to dispose ft of themiat once, arid ki s : have taken several ' fa> : $35 lines and riiarked . them down to $25. | ; :THese; garments are j ' 'the Vfi nest -that S makers of high grade can . possibly - pro- duce. ; /This price reductionT will .appeal to those "who know." Suits are on display in our 1440 FILLMORE FRENCH Savings Bank Is installing in its I building modern safe . deposit vaults. Cor. Suiter and Trinity Sts. 41)«ve Moattomer? St !'\u25a0-\u25a0\u25a0'\u25a0''\u25a0 HOTEL #«ST. DEMrS^ SiBROADWAY AND lITH STRESX 13 BT SSW TOBX.QTT.r U H TTlthlaEaiT Xy:tt» ««. «t«7 * Point - o*j « m Istnest. Half Block froa Wastsukvr'a,' ),] ££ 0 nicartt" w«l* cf SJopplof DlstrtcC W B iTOTSD TOR: Eict 11«3« ot CuliSa«. OaO ,J J B fort»W« Ap?o»ntm»nt».Conrte<»ii«a«»r -^ Mm 1 BOOIIS SI.'SO PER-OAY'JUID U? 1 \u25a0 ' EUROPEAN PLAN."_^ B « r Tibl« d' Mot© Breakfast SCcl g H WM. TAYLOR & SON, InCi H at MOJ"" 1 ""' ~ \u25a0 AL?O ti ti B6TET. MAanMUCB, a fJL. BwUKiy A 33ra Btr»*t." JB \u25a0 - \u25a0 • . . . , - . . \u25a0\u25a0 « JGHNJ.DEANE NOTARY PUBLIC Special Care Taken With Depositions . •\u25a0«* All I.ccal Documents. Northwest Corner of , Satter and Stetser Streets. GHICHESTER'S PILLS | W>^ ;TPB DIAMOND BaUSBT a' SOIP BY DBIGOKTS EVHmmEBf W. T. HESS, Notary Public 2053 SUITER STREET. At Residence, 1460 Page Street, Be- - tween S and & P. M.".-- % I A' I • I v jj~\ I j I j - Want Ads Bring Results