The San Francisco call. [volume], June 26, 1907, Page 2, Image 2

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

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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
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