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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, July 27, 1907, Image 7

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Judge Cook Payes Way for
an Attack on Grand Jury
Seven Indicted Men Are Granted Delay
to Ask for Writ in Supreme Court
The validity of the acts of the grand jury since February of
this year is so questionable that I do not feel justifiedin forcing the
defendants to plead to these indictments without affording them the
opportunity to present the question to. an appellate tribunal"
So said Superior Judge Carroll Cook yesterday in a written
opinion bverruling the objections of John W. Hayes, Barney Olsen,
John Mitzen, R. Schmidt, George Peterson, J. C. Kyle and J. C.
McDonald to being forced to plead to indictments for -offenses al
leged to have been committed in connection with car strike disturb
ances. The point Raised was that the grand jury was an illegal body.
Judge Cook in deciding against them explained that he did so be^
cause he believed that the opinion of ' \u25a0 .' ' * >V
Judge' Dunne upholding the validity of
the grand Jury should be considered the
opinion, not of one Judge, but of the
superior court On his advice the de
fense will apply to the supreme court
trr a writ of prohibition, thus bring
ibg the question to a speedy decision.
' The opinion was In part as follows:
The question presented for decision in these
cases, by the defendants' objection to being com
peUed to plead tc the Indictments therein, is
one of far reaching eCeft. If the defendants'
contention Is correct, the Indictments on which
tr.fso pxosecetlons are based would be merely so
iscch blank paper and a couTlctloa would mean
nothing, for any Judgment of conviction rendered
wocld be reversed.
The B&me Question has been, as I understand,
presested to two other departments of this court.
relative to other Indictments found and presented
by the same grand Jury. In those departments of
the court the objections to the Talidity of such
grand Jury were, as I am informed, overruled!
As an ordinary matter, what the dlcision of
one department of the court may be would and
should fcsTe no effect on the decision of another
department thereof, unless the reasons presented
produced conTictloa In the mind of the particular
Judge called cp to decide the question. But in
this matter the decisions referred to did not go
to questions pertaining to the individual cases
decided, but applied to the Talidity of a grand
jury, which is as much the part of one depart
cse&t as of the other. In other words, the qaes
tloa inrolred applies to the entire court and each
a&d all of its 12 departments.
The validity of the grand Jury that presented
these Indictments haTing been already sustained
by the decision of Judge Dunne la the cane of
People- rs. Halsey— on the same facts as these
here presented — and sush judge being one of the
Judges of th'.s court, and the majority " of . the
Judges cf this court having, by nonactlon acqui
esced in the action of the, presiding, judge,
la cot dismissing them, uaiif an appellate tri
bunal 6hall hold otherwise, each deparuteat of
the court must, for the reasons above 'stated,
treat such jury, and such part of the machinery
of the court, as valid, regardless of the indlvid
cal opinion of the judge before whom such ques
tion may subsequently be raised.
The question, however, is of such importance
and the validity of the acts of the grand jury,
since February of this year. Is so questionable,
that I do not feel justified in forcing the de
fendants to plead to these Indictments without
't^nrdlag them tbe eppo-tcnity to present the
V^ :cstlon to an appellate tribunal. t?
' The expense of these trials to this city airl
county, now greatly overburdened with expenses
<•? litigation, as well as the expense of such
trials to the defendants — who are all poor men
and enable to defray 6uch expenses without
great injury to themselves and their families —
will be so greet that I urgently iwjuest counsel
to apply for writs of prohibition herein, for, if a
writ of • prohibition will lie to restrain, in ad
vanrc. illpcnl action, a reversal of such action,
after it has been accomplished, would surely fol
low. If, after a trial and conviction, a reversal
Olympic Directors to Inves
tigate the Outbreak at
"Boosters' Dinner*
The board of directors of the
Olympic club notified Dr. Charles A.
* Clinton yesterday to appear before that
body next Wednesday and give his
version of the Incident which occurred
Thursday, a week ago, when Patrick
Calhoun, president of the United Rail
roads, became the storm center of war
ring factions at the "boosters* dinner."
A strong effort Is being made by
friends to have Clinton ex
{ relief and the latter's adherents are '
\u25a0bending every effort to prevent such
The contention of the Calhoun men Is
that as the street railway magnate, was
the guest of a member. Dr. W. B.
Coff ey of the United Railr^Ss surgical
rtaff. it was a violation of the rules
of the organization to openly frown
upon him because the guest of one
ciember was the guest of aIL
There have been several versions of
the two demonstrations which followed
Calhoun's appearance in the banquet-
Ing pavilion. The board wishes to se
cure Dr. Clinton's version of the per
sonal encounter growing out of the
Calhoun demonstrations which took
place between Clinton and Calhoun's
host. Dr. Coffey, on the stairway lead
ing to the hatroom after the dinner.
The finance ; committee of the club
spent considerable time yesterday In
straightening out the tangle which Is
said to have occurred In -the money af
fairs of the club, but the members
were confident that they would not be
embarrassed by the request made by
the First national bank that the 140.000
cote held by the financial institution
be taken up.i£oSQßH|
Rudolph Spreckels, president of the
bank, said last night In reply to the
report that he had caused the notlfica- .
tlon to be sent to the club because of
the Calhoun-Cllnton-Coffey Incident,
that he was not aware until yesterday
that such notice had been sent, as it
was purely a routine matter, the note
having fallen due and being carried
• through the regular channels for these
Cashier Lynch was absent from his
\u25ba Alameda home yesterday, but his son
stated that he understood that the
club was to be given "an, extension of
time on the note.
Nathan Boas, charges that A. D. Nash
entered . Into a stock deal ; with him,
*\u25a0 but failed to bear his share of the
losses. Boas brought suit yesterday
against Nash for $17,432.50, alleged' to
be the latter's -share -of. a loss due to
.a plunge in -stocks. According to : the
complaint. Boas bought Manhattan
Dexter at prices ranging from 86 to
94 cents, but when he, came to sell
he could not get more than an un
lucky 13 cents a share. .
Charles Reice, for. a long, time a
trusted clerk of the St. George hotel
at Eighth and Howard streets, disap
peared from his home last Sunday.'. He
had a large amount of money with. him
and his friends think that he has met
with foul play. - -The police, of both
this city and Oakland have v been noti
fied^ and a diligent search 'has been
instituted. Relce .was known as a man
of steady habits. /
CHARGES WITH THEFT— Oakland; July 20.
, A. Oniainer»on..-llring. at; 1349, E«t Sixteenth;
«tr*et. formerly employed «• * r colleetor;by-thp
k Oardnpr-Mltchpll grocery company, wm arr*BtcJ
* ionfcht oa complaint of W. 3. . Morrison." +rbo
chtrrtf Gummernon wltk baTing misappropriaicU
- 511.&5 ' - •*-\u25a0> \u25a0yfctgjtii|j|aEMFf}i i fwßßfelriißßfflßlliß.
might follow. It la far preferable th*t th« court
be stopped. In ad ranee, from - trying ' tbem ; aad
thereby lncarrlnK. both to the comity and to the
defendants, a useless expense of thousands of
dollars. \u25a0 \u25a0."''\u25a0. \u25a0 " . \u25a0 '"; '
From the la&snage esed by the supreme court
In the case of People ts. Leonard, 106 Cal., 302,
and by the district court of appeals to the
case of People ts. Richards, 1 Cal. App.
Rep. 575, It Is very qaestlonable what the
opinion of those courts might be In a caso
where the record showed, as It would In these
cases, that the new list of Jurors had been
selected, certified and filed and thereby returned.
A grand jury may 'legally, exist under the liiw
tmtU discharged by order of ' the ' court : or by
operation, of law, or by ' the final ' adjournment
of the court. There being no final adjournment
of a superior court,- they cease to exist, either
by order of the court or operation of law. If
sections 204 and 210, code of clrll : procedure,
mean what the supreme court Intimates, both
In the Leonard and the Gannon cases, then
it ceases to exist, by operation of law, - when
grand jurors for the ensuing year are selected
and constituted grand jurors.'
It Is far preferable, therefore, that the ques
tion should be decided, in advance of a . trial,
and consequently I will, following 'the rule
.established for this court,' respecting . the pres
ent grand Jury, by the decision of Judge Dunn
Id - the cas-e of People ts. Halsey, overrule de
fendants' objections to being compelled to
plead to the Indictments, but will set the date
tor compelling such plea, for a time that will
enable counsel to proceed under the procedure
had in the case of Bruaer vs. Superior Court,
92 Cal. 239, and apply to the appellate courts
for writs of prohibition.
The decision lays stress on a dissent
ing opinion rendered by Justice MyrJck
in the Gannon case and Includes an
analysis of the reasoning: of the higher
court In the various cases In which the
validity of the grand jury was ques
tioned. . '
On motion of Attorney E. F. Moran
the time of pleading: was .set for Au
gust 6. Judge Cook said that as the
district court of appeals was not in
session at present the defense could ap
ply at once, to the supreme court- for a
writ of prohibition. After adjourn
ment both Moran and' George Appel,
the latter also a legal representative
of the defense, said that they would put
the question to a test as soon as possi
ble. If the writ of prohibition is
granted the car strike Indictments
would carry down with them all the in
dictments in * the trolley, gas, tele
phone and Parkslde bribery cases, as
well as the indictment charging Chief
of Police Dinan with interfering with
Jurors, but the extortion indictments
against Abe Ruef and Eugene E.
Schmitz would stand, having been re
turned prior to . last February. .
Companies- Lose % Suit for
Injunction Against the
Sibley Measure
OMAHA, July 26.— Judge W. H. Mun
ger In the federal court today handed
down a decision holding that the Sib
ley law passed by the last legislature
providing for a reduction of 25 per
cent in express rates Is constitutional
and denying the application of. the ex
press companies for a temporary In
junction restraining the Nebraska rail
way commission from enforcing the
The court held that the express com*
panics had made no showing that the
commission had done anything to im
pair the rights of the companies, pend
ing an action filed in the state supreme
court, and therefore were not entitled
to an order restraining the commission
from enforcing the; law. Judge Munger
said" that the express companies would
have an opportunity to make aya v show
ing before the supreme court and gave
the companies leave. to againapply for
such an order should conditions change.
The decision Is a'connrmatlonof the
refusal of the court to issue the in
junction prayed for last weekJ *
New Yorker Cuts Fraction of Second
From His Own Mark for Dis
tance of Fifty Yards
GROUNDS. July 26.— 1n the A; A. U.
aquatic championship contests today
C. AL Daniels of New, York broke his
own world's record for . the 60 yard
swim, going the distance in 26 3-5 sec
onds. 4-5 of a second faster than his
previous record.
H. J. Handy of Chicago won the mile
swim in 29 minutes 20 4-5 seconds.
The San Francisco News Letter of
this week in its racy editorial comment
shows up Hearst's position in regard
to . the new mayor "all men delight to
honor" and also his latest scheme to
capture democratic primaries.
borne interesting, side" lights on the
streetcar situation are given.
Mayor Taylor's ' position concerning
the prize fights is defined and comment
ed on and the anti-imperialists are called
down in a vigorous manner and the
antiquity of socialism -Is : fully proved.
A protest Is entered in this week's
News Letter", against ; the stupidity/ of
those In command who go down to the
sea in ships. on our coast, *arid : the ful
fillment of past prophecies concern
ing the liability of; accidents Is shown.
The name of the -candidate for' the ;
place of \u25a0 the chief of- police, to take j
Dinan's place is given.
- There is an ; article on" the harbor of
San Francisco, and the Immense amount
of business that will rbe brought -to
this city by the assembling J of the i
Pacific fleet . \u25a0 '._: - |
The News Letter tells of the state !
of insurrection. \ almost amounting -to I
anarchy, now existing .in the Mission !
district, and suggests a remedy: for the!
Sam e:^i>Jatjljp*|H»fe^^fj||gf^»j»y)ta^Mpljy^|i
. The new carmen are praised '\u25a0\u25a0 for their
courtesy, \u25a0 bravery and forbearance dur
ing the troublous -times they have been
serving the public , .
- , The : new. naval * stations • and the en
largement of the training . station at
Goat ' island are given . considerable
Bpace. . ;
; Tjhe Suburbanite ; and \ the : Town Crier
contribute their;; quotav of - interesting
items that go to i make vp t 'one:of the
best issues of this interesting paper. v- ;-•
Society f gives -, a , peep ; Into r the heart
of Mrs. Longworth,' who is said to have
'been somewhat piqued at being so liter
ally taken -at :he^i word , when < she . ex
pressed " her, desir™for; a quiet >vacation^
'-, ":• The % financial ; column! gives a"- new
scheme V for ( supplying 'money -to • those
wishing. to borrow.'.. \u25a0 „'.' , -. '.'\u25a0.\u25a0 , • : \u25a0;•\u25a0\u25a0' \u25a0
:For sale at all news stands. •
flnTiiai.llll \u25a0iw aifli n him \u25a0ii ttmtt^rnxf • .
SATURDAY.'- JULY ' 27.U907
YESTERDAY— OIoady ; ~ maximum temperature,
60; minimum, 62. ••'. ' -' "-v" '. : ' i. 1 ". .i '?-
FORECAST FOB TODAY— FmIr; ;,fof to the
morning; light/ southwest wind, changing to
north. ;'; \u0084 '. \u25a0\u25a0' : - \u25a0:-';;\u25a0. Page •
EDITORIAL .7--;./vUx : •.-'\u25a0 ' :'.""-': '.""-' \u25a0 '
The primary '; enrollment. \u0084'. ;- t "Fai»*
-In a sauce of adjecttrea. , : : • -\u25a0 " *«*e «
' To improre the San Joaqnla. . : Tmg* 8
A monstroas stroke of oppression. Pace 6
Two municipal rerolutloca. Pafe 6
graft •; : -' r ': : -
Jury In the case of : Lools Glasa, pnildeat of
the Pacific \u25a0 telephone : • and ' telegraph - : company,
accused of ' bribery, { la . unable •to acre* : npoa : ; a
Terdfct and by order of Judge ' La-irlor Is] locked.
up for the night. , - At the : close of ' tho argn
ments yesterday Afternoon " and after,' the ,, Juty
had retired, defendant Is ordered Into \u25a0 the \u25a0 cos
tody of the sherUt. JPagea l+*
CITY .; '\u25a0'_•'.. y\ yfs'Y-yj
Joint committee of building trades unionists,
contractors and real estate men delay ; readjust*
raent of wage -scale pending lnyestlgatlon i of
cost of lrrtng elsewhero.*'^^^^^^^iP«»« 14
Former society belle woo married a football
hero tells her troubles la a' dlrcrce com
plaint •;;\u25a0;'; l»an 14
Captain of- steamship Panama officiates at
wedding of couple while' liner Is \u25a0at
sea. .. '. -V ''-'\u25a0 "-\u25a0'\u25a0''\u25a0^ -"'\u25a0\u25a0'-' Pl ** 14
R. P. Schwerln, president of ' Automobile \u25a0 club
of California, ' says \u25a0 new : boulerard will : be,com
pleted fin '9o days. ' ". - ; ; - Page 14
Judge* Cook declares Talldlty' of acts' of grand
jury Is questionable and adrlses defendants \u25a0 In
dicted ' for . car strike disturbances jto - apply 'to
the supreme court for a' writ of prohibition. P. 7
, Thomas W. Hlckey, chairman of democratic
committee, ready to take Dp" fight against ' the
bosses. . .Page 8
Conflicting testimony -la glren at the Inquiry
Into ' the . Columbia wreck. Third "Officer Hawse
of the San Pedro : denies that he was cruel *, to
the women surrlrors. '\u25a0\u25a0'\u25a0\u25a0hi Page 14
Olympic dub • directors ' call for an ' lnrestlga
tion of the outbreak against Calhonn a t ' 'boost
ers' dinner" recently. ; | Page 7
Professor [ Woodworth of state nnlTerslty con
demns work of horticultural commission iv
trying j to eradicate j white fly pest at Marys-
TlUe.- \u25a0;, :.\u25a0'.: " r ";.....- t - "/ /. Page 4
\u25a0'»Mrs. ' Homeier, \wlfe of musician, sues for
divorce," declaring that after S4 years of cruel- j
ties and ' indignities she can endure him ;; .no
longer.; .; Pag« 4
Politics causes water famine lin Vallejo '. and
people suffer for want of the liquid. 4
Contracting company . makes , error ' in " bids : ou
sewer work - In 'Oakland and asks to ; be , :e-~
leased on its estimates. ,-f ; ' P*ffO 4
Norwegian \u25a0 Erangellcal Lutheran | synod , de
cides to build fonr new churches and j names jas
many pastors.'. \ -Page ' 4
Miss Ethel Crewe, actress, sues ; Manager H.
V?. Bishop of Oakland for $679 alleged ; to be
due. \u25a0 \u25a0:-. -. ..'-.. v .'.'"": ",-- : P*»e 4
United Swedish singers of . Pacific coast t<M
annual conTentlon In Oakland. : Page 4
'. Lake county sheriff . compels _ fair motorists to
pay for death of mules ' that 'jumped > or«r em
bankment. * '\u25a0 v" \u25a0.:,;\u25a0•, ''."Page >7i7 i
One woman killed and others \u25a0 seriously..' hart
when auto backs OTer bank near Montere. P. 3
Dun's and Bradstreet's reVlews of commercial
field tell of increase In prosperity. /.\u25a0-"•!'\u25a0• •' Page 6
United States \u25a0 Senator Borah closes argument
In Hay wood trial with, masterful plea ' and court |
will instruct Jury today. : ''\u25a0"' : Page 9
: Editor de' Yotmg ; alarms British press by an
nouncing in London 'that Japan Is aiming ,to
take the Philippines and possibly Hawaii. Page 5
sports'" ;',•"*? " ' \u25a0/r.'i'r.'--"^
"Speedway- drlTer»s.wlil ;take part In - amateur
races this afternoon on : Golden Gate park
track.'- '\u25a0', y ' , _\l ."< -_:V .;' Page 8
Referee "Jack" .Welsh discusses the JQueen*
berry rules with Battling ; Nelson ' at Colma. P. I
Seals take Oaks into camp^ and; Angels forfeit
game' to BeaTers after 'Dillon fights? with toe
umpire. \u25a0\u25a0; : '. ''\u25a0'-'.' v {> - \u25a0-- ;: \u25a0 \u25a0.:;•.;" : '- ; Page 9
Erery fayorlte is bowled OTer . at ' Seattle' ami
few of them come. ln the money. ':„ 1 Page 8
CleTeland Americana close in on > the champ
ions by taking a double header ' from .New
York." . ' . Page , 0
Baron Grattan paces ' the fastest mile of the
year and wins a rich " purse \u25a0: at Detroit.' Page 8
James R. Keane's colt Cabochon ' disappoints
his backers by running absolutely lant nr
' ' Pare 8
Members of painters' union No. 19 and carpen
ters' union No.' 22 will play . baneball i game | to
morrow for aid of crippled painter. . * Page 7
\u25a0 5 City, of Panama brings \ news of damage ; by,
earthquake at Corlnto and Amapala. • ' Page 9
Danger of - strike , at Goldfleld is . supposed to
be set -aside by . Indlcatlre vote tiken hj the
miners. Page 13
i Mr. and Mrs. Richard , Watson of Berkeljy
will soon return home from ; an . extended tour of
Europe. \u25a0 . •'. . '. . Page 6
NEW YORK, July 26.— T0 the series
of unpunished crimes ; against young
girls, which , daily of late : has. exas
perated the police and caused \u25a0 parents
in the outlying districts ? great alarm,
were added .today \ for; investigation-' the
cases of . Virginia ''\u25a0 Barlsh. - 17-* years \ old,
and Annie' Falkoweko,>a,tot of ; s' years.
So notorious 'have become; the cases
of V assaultCamounting :\ ln ;;two recent
Instances ,to \u25a0 murder \ that t Police * Com
missioner - Bl ngham ) has ibeen » d,riven Ito
explain that hls y armyi of " ± policemen'; la
insufficient tpj cope jwithi thii '} particular
species of degreneracy. v^He j has .warned
fathers < and \u25a0 mothers • not to Jallow^ their
little . ones to ' wander ' aimlessly/ In": th<3
streets. : -. '....'- • ' .\u25a0'\u25a0.;. \u25a0'\u25a0.-\u25a0.;>': -«\u25a0\u25a0;\u25a0 ';:..••. \u25a0••'.:" ;. r:"..,-r :"..,-' "\u25a0\u25a0\u25a0:
The: police records' show? that during
the past- 30 days ; 17:' speclflc* complaints
of assault upon -girls andwomen have
been reported In this city.'/;' ,• v.
Place Your
Want Ads
\u25a0» ;\u25a0 : : CrtO THP - : ' ; -" " ; - '
j. ."' ivl\ 111 C ''x: ' ' \u25a0\u25a0\u25a0
Send^thenitp M^nOffice
or through BranciiKOfficcs|--
or telephone them.
Proceeds of Game ;Are to j
Be Oiven : to , Pamter^
; Injured by Fail :
Carpet * Mechanics Oviduct
ft> Exercises andWill'Act
on New J Bylaws
\u25a0\u25a0--.' \»<r3lESss»w.' - I^abor .unions : are
JtlUotßW^g§vwl> benevolent,*.. as- well
Njgg^Sga^J^'^ ftß protective, and
\u25a0'^^7*?^vTT ; :"' .'\u25a0 v. v this Is '"i : exemplified
by •painters' \u25a0 union • No. J l 9 ? and carpen
ters' union- : No. 22 An:, the \u25a0 ; case ; of
Frank \ Splller, a .. member s of ;. the > for-*
mer ' union;? who % fell ; f rom " a > building
.where ; . he >was at i work 2 and . received
Injuries to his \ spine that J will*} leave
h}m : a . orlpple for j llf e. \ Eaoh 'of these
.unions I has '. a" baseball ; nine, and ' each
Velleves that It ; has the . best,^ so ; to de
termine fl the : matter of : superiority Jlt
was ; agreed < that >\u25a0 the i two I nines would
meet upon ; . the diamond In * Recreation
park ' to-morrow morning ' : at ' 10 , o'clook,
and -In 'that -: way settle • the : argument,
but the^ proviso r : that f ! the ; : pro
ceeds of the game are to -be * given 'to
Spiller. The;. grounds^have ' been : do
nated, and . as t.the two; unions have
sold : a > great - number : oor;f r ; tickets <to
the >'\u25a0 local :' unions It is expected ; that
there^ wiU be a Marge, crowd •; in ; the
park, and that a goodly sum-.wlllf be
placed in " the ; hands \u25a0; of the tunfortu
nate a painter \to r*heer him and : help
make! him; comfortable. \u25a0\u25a0-. -^.^ ":.:,] .\u25a0:.-,'.
\ The . following officers of \u0084the carpet
mechanics ,* association have / been ' In
stalled by ; Past : President V 'John 'j Riley :
William h ßyan, . president: ; ' J. ; C. ! Sher
idan, 1 : vice -president; : Charles iR. Smith!
treasurer; Er -H.I. Hardy, ' flnanclal, : and
John : H." Paul, \u25a0 recording: .1 secretaries;
\u25a0William^ Flynn,' William?. Redell ; and
M.- Alexander, , trustees ; .Z. ~ Barber,
Joseph Foley and John H.; Paul, dele
gates to the building trades council,
and W. , S. Mitchell, sergeant at I arms.'
.This association,' at its " meeting 7 next
Tuesday,: will- act : upon new.
and /; arrange Its plans for , the labor
day . parade. ' ;
.During the last session of butchers"
union No. 115; six new members- were
initiated,; and a committee;* was ap
pointed , to make arrangements for the
labor day parade. .
" . The'jarrival in this city of .'.Grand
President; McNulty of the electricians'
union ; has /again been delayed. V This
was caused the taking, of a refer
endum vote of the unions : in 7 the Utah
district, -where "he has been i for 'some
time: . The unions,; refused*} to 5 ratify
the'ag'reemeht submitted i- by * the: tele
phone/companies .operating.;.; in ;: Utah
and adjacent states. President lLeon-,1
afd of : electrical union No. 150 of this
city left yesterday, for Salt Lake 1: to
confer with McNulty in ' regard to the
local situation!' .'v'
; X At its ; meeting"; Thursday night : the
cooks' union; 'received four
by ; initiation, ' and twelve applications
were filed. 'The ; union in; a? body fat-"
tended the house-warming- of the new
quarters of the "waiters' bunion. ...-.\u25a0',
.The helpers' : union/ at 'its .' next
meeting, .will Velect ;a delegate: to"; the
international 'convention -in jToledo, 0.,
in f October. vi One. member, was ;flned; $10
for having ridden on a. nonunion A street
car, i .The union' has fifteen ; applica
tions -„ oh''flle.--£-': \u25a0--"'-- "i--'« : '..*\u25a0 \u25a0 :xCz, .:- _ \u25a0 r,-
-A. Bell, ..business .. agent
the .; \u25a0' gas workers'."- union, '-stated I last
night ; that: the agreement r between \ the
employers Jand: the ] unions of ; San Fran
cisco, '• Sacramento,'? .'OfLkland : and|> San
Jose were signed tlast-' Thursday, nighty
and" that peace . 'and ".harmony '.would
reign for- the ; next 12 months. ; The
raise, : he said, . is an. average of 10^ per
cent all-around.; ':. '~\ '\u25a0 ''.?'\u25a0' h ' ""\u25a0"
The Sari : Francisco press feeders and^
assistants' union at • its \u25a0 meeting^last
night -voted, to flne>-yiyy member , who
rode, on^the cars .of -the United Rail
roads during * the 'strike. The union
will parade on : Labor, day, 'and any
member who fails* to. turn out will: be
fined : $5. \u0084 Delegate* r* McGenety .^ and
Norton,:, who returned ; yesterday -fronv
the 'international; convention held In
New. York/ made ay verbal repbrt of
the work: of '\u25a0\u25a0 that , body. \u25a0" \u25a0 \u25a0\u25a0X'. y
\u25a0-- Samuel /Gompers, V president of the
American federations of labor, in
speaking "',-• of 'Industrial conditions re
cently, .said: 'J/ • ; \u0084 .... : '-. , . ' :~'\C^-'
'"."Arbitration- -is ; constantly^ gaining
ground, in -the mlndsVof . the laboring
classes, as r the most; satisfactory .'meth
od of ;settling^differences jbetween .em
ployer- andy employe?" The desire :;fof
temperate 'and* sane' adjustment of dis^
sensions •* is due to -.the' tremendous
strides, the - .^workman 'has' made by
reading^ and study." s. •
-.John Suarez :.of « St. • Louis, Mo.v^has
been; re-elected ,~for> ; the | third' consecu-'
tive ' terni ; as } president "of ;_ the - interna-"
tional alliance of 'theatrical stageiem-?
ployes. 'vThe ; convention"^ of that £ or
ganization ;" was \u25a0 held -'recently \u25a0 in. Nor
folk,'. Va.* v 'The ; convention, had; before
it a proposition.' to*, establish'; ;.a t> sick
benefit fund, ; also Va ifunerai:* benefit
fund.' It% was i decided sto,- submit!; this
to -. the -•: subordinate^ bodies ;;\u25a0 for f a'i ref -'
erendum; ,vote.'?. The )\u25a0\u25a0 alliance willjj' be
represented f>. at 4 the~\ session . of *, : -. the
American -federation 'of: labor next- No-,
vember, by lX.ee V Hart;-; of - Chicago and
John Barry - r of- Boston. " .
. \u25a0;?•\u25a0»\u25a0\u25a0 •\u25a0'\u25a0/ \u25a0'' • : :,. : :"'.• - \u25a0-
, Harry -Blackmore has been re-elected
secretary Jof .*- the ' building; trades coun-"
cirof/St.;<l^uis^Mo.>, - He,iis'one;of;tho
best known^laborimenjofithat city. 1 For
several .years -hei was "presidentVof. the
central ; trades and-labor. union, . and 'for
f*ur_ s consecutive;j years \ has /been^ the
marshal! for; that* organization on; labor
day. '":p For, '.^ two >, years g he^was ; ; labor
commissioner --'of {the '\u25a0 state of Missouri."
'\u25a0/: The . miners .of ; Pennsylvania .have
under ; consideration^ a ; plan kto f ormVa
labor 'party ;; and fgo i into > politics ; with
a:;vlew.<to;electrofHcersi who would; se4 v
cure ; for ; them [certain'conditlons which
they . ; claim' they ? cannot s obtain \u25a0 In " any
other x way. I*/.'1 */.' '" : .£ !;'\u25a0'.'\u25a0,:/*."; Vi.V?' .•'-::^~'^''j*^^:
-J.There "i will Kbe * a". : convention of ;cot
ton *j growers ,' and i spinners sin Atlanta^
Ga.,\ October 1 7/; 8 i and f : 9?j It Ub * expected
that ; ; it JwUHbet the"? greatest* gathering
of £ people 1 interested in T cotton^ culti-;
vation i and ? 'production si that [I has ? ever
met^inl:relatioh|rto: this ;( staple.*; More
th an *-l 00 1 spinners : f rom j foreign j coun
trles^willvbe^ln'Jattendancet a» idele
gates.: There iwillL;alspj;be'i In? attend- 5
ance 1 representatives i f fom , all i the f cot-?
ton Jexchanges.if American |and J foreign^
from the ,s southern^cotton -f association."
from 1 ; the ! farmers'4unionj; New;. England
marine ;j companies. IXTrans
portation/jL baling :.; and';* marketing ;„ of
close If of ii the i'i,f convention
sentatlveslwill';be».taken"Uhroughs the"
'cott6n^belt^by,fspecialStraln land, given
an^opportunity^; to~J SfudyXd cotton COh'
every,? sta'gej f rom p the! planting | in * the
fields \ to r'.the ;X&|hning.^^,- \u25a0 V, .. '\u25a0;., - ," * .
;' THtTO CAPTOHED— Oakland,' July, 28.— A' man
glTing | the | name I of I Fred i Barlow • was I arrested
at s Broadway a and s.Klntb 5 street * this S morning.'
.When :\u25a0 he i was - searched -at 1 the police ' station •. an
ugly; looking \ blackjack :,wairf ouod [to ibb ] pocket.'
iake ; * : Sheriff Holds
Them for Loss of
r'-^iihiti Animals
Auto and Screams of Indian
Woman the Cause of
Fatal Leap
0 LAKEPORT, - Julf ««.— Mrs. ';. Q. T7.
Plscher and Miss Louise. Mahoney of
Oakland and Mrs. Sbarboro and; Miss
Bartorl /of ' San "Francisco, all j well
known . Moiety "vromtn, ; together with
H. ' B. : Kennedy, their chauffeur, are
on ; their ' way back . to .' San*. Pranclsco
by consent of the sheriff of this*coun
ty. The entire party was placed under
arrest and detained by the sheriff until
they.-; had ? made, a financial settlement
wlth^two '-. Indian 'women whose iteam
of mule* : met ', an .untimely death after
a chance meeting on the roadway with
a f motor,-; oar i which =;; the -J SHscher^ party
had t engaged t for - the &*7.'>?-&&2!&S&SS&g£
',<' Some^ doubt exists as to the circum
stances which ended '<- In ":, the death ." of
the mules, I and ; In the absence of an in
quest .the matter, may never be cleared.
The I facts on which j all concerned agree
are! that the j mules Jumped {off ;the em
bankment ';\u25a0 Into xa X creeled where v they
were drowned, that no one else suffered
eny r :: Injury, a and , that i the ".members ?of
the auto \ party^,paid e ;'.to the 'Indian
women I the ; sum ?of - 1125 r for - the V- lost
animals.':- , \u25a0/\u25a0/\u25a0 '\u25a0:-'; -,:.: - -T->"; h \u25a0;'\u25a0.'\u25a0 -\u25a0': \u25a0\u25a0-\u25a0'..\u25a0
. The Indian .women say • that the* motor
frightened the; mules >* and*'caused '\u25a0 them
to ~ b01t.;.; The % occupants v the ; auto
state that the mules were not seriously
alarmed until the Indian women began
to ; scream \u25a0: and that they then dashed
over ' the v bank. r^ / .. : \u25a0\u25a0-;,. ' ; /V; : ; 'p<- ; ..•;\u25a0
' " Mrs. -< Fiaoher, «* Miss ; Mahoney, ; : Mrs.
Sbarboro . and -^ Miss ; . Sartorl • ? were r ». on
their -way f rom --- Higrhland :,• Springrs i. to
Lakeport. When 'near). Lakeport * they
encountered £< the \u25a0'„ Indian •"> women : : with
the ->\ mules. $ v. Kennedy, ,, the 1
held ', the - bridles 'of ' the : mules, and .: the
animals appeared to be willing to. let
the car , pass ;when', suddenly the • Indian
women'- began ' ;to ; scream \ with alarm,
dropped' the ; lines' an<J ; Jumped f rqm'the
wagon. the > team ; hurdled .* the
grade and landed In the creek, never
to rise * again. \ :,.-. . ..'- :'
: The - autoists ' returned to Highland
Springs,! but . had; not\ been : there "long
before " the "6_ sheriff .'; f rom "\u25a0 Lakeport ' ap
peared^ and] presented : a* ,«bill-. for.!. $250
on .behalf Jof (the % Indian '\ women. The
sheriff informed; the., auto-
ists that were >\u25a0 under arrest 'and
any attempt 1 to ' depart :•.w ould be made
at^their, peril. :^ : " X
•' J Af ter " a time a conference was . ar\
ranged >;\u25a0\u25a0 and /an .expert " ; . appraisement
made" of "the value: of .the mules before
they^met'the.autorr.Thls was 'placed at
$125, > the _ money was ; paid, and the
sheriff Jail owed: the tourists to return
to. ; San * Francisco. - \u25a0\u25a0\u25a0:[
Past Grand President of <l£ S. G. W.-
Passes: Away as Result" of
.Rupture of Artery
, .CHICO;: JuIy; 26.— J0 D. \ Sproul, , one
of '* northern '"California's " most*: promU'
nenfcitisensandjlawyers/ died f tonight.
He , was pas t grand j presiden t of . the Na
tlve Sons of the sGoldenVWest ; and was
p*rominetot^ln'U California \ politics ; for
many; years. v-He formerly, l was" district
attbrney^of : Buttefcourity and was the
democratic V candidate ' for ; congress . in
thißf district In' 1900. Death followed
abrupture of .: an "internal artery. He
was '4Bl years of age.
Information \u25a0• "Wanted
'.•Mrs. F <B.>McCormack and family wish
information concerning - their £son ', and
(brother.v Frank. : Any /person ! '.who can
"furnish same— of "his ;.whereabouts* for
' the;; past - ten\-months-^-will 'Confer> a
favor. v*., Katev *\u0084 K ate iMcCormack, ,115;- Mary
st;, -" Pasadenal -;\u25a0-•'\u25a0\u25a0\u25a0\u25a0\u25a0--_- v \u25a0 . J. ;_- - •
''\u25a0-:.. THE t-BALL.ES, V Ore.; r July, .26.— Ray
Moore, "l the »bnly k - son •of O. ; W. • Moore,
register 7 of, the States land of
fice In jtbls clty,\was ; drowned? here to
flay lnithe Columbia river while 'swim
mings.*' The 5 body was recovered.
I Paying Insurance I
I - Why - not ;distribute« the* I ;-;\u25a0
1 expense of your life insur-- \u25a0-;
I ance. overa ll the months I
g V bf the:year?* _';-\ ; - M
1 -/Many, a policy isV al-J|
I lowedi.to lapse because of r M
I the difficulty of paying g
I tHe^fun premium : at oner \u25a0
Jittime. /: If you sys- |
I tematically deposit one- I
I f twelf th : r- oi: your -yea r ly f B \
9«• premium . every . : month % \u25a0
| you 'will oyercorne I
I 1 difficulty^ . andy besides^ H
I earning the - interest,-, will S
1 :get^better,rate ) I
Inpayments. t ;. '- B
I ;We«pay 4oper ceht,in r , 8 r
II i terest •; orii Sayings^ ; Ac-/ [
I counts.. ' , H;
|sM.|r)rnia safe deposit
i^p^rust company i
I California and Montgomery Streets : • |
I 1I 1 West end Branch, 1 53 1 f DevUadero j I
1 1 Mission Branch. 2572 Mission nr. 22d 1 1
| Up-town >BruchTil74o Fillmore if?;' g
iptSutter. S
111 1 Pblrero B ranch, 1 9th and Minnesota ;
San Francisco Bond and Mortgage Company
\ ' ' ' ,-, -"—^ ww -
Presiaent,' JOHN IXOTD • - \u25a0 -.: \u25a0 \u25a0 •-'— .4rri%''-» Tmr^-m**
Treasurer.- J. DALZSLL BROWN \u25a0 yic«,Pr«»ia«at« / DA T? > » y -T»T^ A ,ySSS
SecreUry.rßUFUS P/JENNINaa \u25a0 \ W.^P. PLUMMER !
RUFUS- P. JENNINGS ;v; v . B.M. GUNN wai^va^ ,
10,006 Shares -of the capitals stock o^ this company are '
[offered for; subscription at $100 per shark
This Company Has been J organized^ to* loan money ibn v Income property
in San \u25a0 Francisco ; on what is • known as^ the bond and t mortjrage plan. This
involves \. the , issuance ] of bonds secured by first mortgages on income prop- '
erty and the sale of guaranteed mortgages.
There ;is^nb" investment safer : than *thati off ered by the SAN FRAN-;
CISCO BOND AND MORTGAGE COMPANY, and owing to the excep-
tional conditions the net earnings of its capital gtock should considerably '
exceed!" 12; per. cent per armmn.
three sources} of profit!
" r 1. v Interest earned on its paid op \u25a0 capital. !
: C 2. Diifefence between what it earns on mortgages and what it pays on-
bonds^which is usually :l}4- per cent. •
3. Difference in interest on guaranteed mortgages sold by It, which Is I
usually 1 per cent 7 • '
• -Similar^companies in the East and foreign cotmtries have had phenom- '
enal success, earning from 12 to 16 per cent per annum.' ' !
Iv v Stock subscriptions will be received in BAN ; FRANCISCO at the offices !
of :the> Company, ::3o Street, and until -July 31; 1907, at the fol-
lowing places:
-flan : Francisco ' National ; Bank. ; Merchants' Exchange Bufldlnir -
\u25a0..•ThrCroeker. National Bank. Market and Post Btr?eU v " a " 1 *- H«
v- E. H., Rollins & Sons, KohfßuildlnK^ ;.^; .^ . T*
: . j California Baf c i Deposit and Trust Company, at lt» h«ad office. C&iitn™*m. I
™ * a V¥ on i XO J n 5f y '^ r a i ot "• fo " branch offlcea/ CaUfornl »
The National Bank of the Pacific. Claus Bpreckel« Bulldlnir
> : Portuguese- American, Bank/ 7 8 Jackson Street. ' «*•"••
State Bavlngrs and Commercial Bank, 1019 FiUmore Street
Union National Bank,- Oakland. \-7^
And In New/.York Cltr— - .
5 United Btates Mortgage and Trust* Company 55 Cedar «tr«*t_
Interboro Bank of New York. 49 Wall Street Street
E. F.Hutton and Company/ SS New: Street
: :'"'.'• .'..'.. .'-L.^' WRTTB POH BOOKLETS - •
t_^ \u25a0\u25a0\u25a0'\u25a0 The quality of the barley
jr grain, the" quality of the
A hops, they Pabst Eight-Day
„ /Malting: Process and the
\-Z\\ Pabst Perfect Brewing Pro-
cess make
;J yTLc Beer of .Quality
-*. ' \u25a0• \u25a0\u25a0 ' '\u25a0\u25a0"\u25a0'''\u25a0'
Yon can \u25a0 drink Pabst 'Blue - (fjQ
Ribbon with the absolute Ufa j
knowledge that it will have f^yf
the same delightful flavor and \u25a0, {\u25a0 I
the same wholesome ef f ec t jj^rf '
/ Thos.'W. Collins A Co^
134 Larkin St., San Francisco.
;'J Phon© Market 2543." ;-.-
'\u25a0'}\u25a0\u25a0 \u25a0\u25a0•-.-••\u25a0:\u25a0 -5. ..- .. \u25a0 ..• -- -\u25a0. -.
The French Savings Bank has de- : -
' dared a Dividend of \u25a0
on all its Deposits. "
Cor. Suttcr and j Trinity Sts.
Above Montgomery St. : _
Rupture Cured
Without the knife or loss of time. W«
guarantee .' our « results. '\u25a0'-\u25a0\u25a0 Call or vrri t c
for" testimonials. :' v FIDELITY ,' RUP-
TURE CURB, 1123 Market «t., opp. 7th.
Rooms 7 and 8. Hours 10 to 5. '.
'* SMtar^^Jaßlilijl l -/ tients are treated with
i mar . ~ \u25a0\u25a0^jßmt^.Z tea and herb that hare
[ H|| : -. : ?«4 ! j^^S.^ millions' of. Chinese peo-
B^imL^9Sl^^ \u25a0 K rs -'<lnate of a Chinese
\u25a0VaaSHMsSBBHtSsw^ medical eolleite whose
credentials - are - attested ! by i the \u25a0 Chinese Ambas-
sador at Washington. . San Francisco office hours
Mon.;-.Tnes..'JWed..* Thnrs. 'Stockton office. 122
North' Hnnter 8t. — Friday. Sat.. Bon.V -
n? Los Angeles Times
San Francisco Office
789 Market Street
ARTHUR L. FISH, Representative
Telephone Temporary 21 21 '
Great Northern Railway
: Telephone Temporary 2141 -.
.\u25a0-* , KECREATION PARK,;- V ",.,: "
Valencia , St. between \u25a0 Fourteenth and Fifteenth.
Wednesday,; Thursday and Friday 3:30 p." m. |
Saturday t . .v. . . .' .T..7V."r^r.vr. .'.vr.'.SiCxx p. m.
Sunday --- . . .T.~ . .~".~.%T;7r~r."T;''.7."..'.2:30p. m.
\u25a0RESERVED SEATS at' grounds -and. H. Harris
tCo.'B.» 1548 \u25a0Flllmore street.'S^SSß^Bggßaßffl
-' r ;"', /; \u25a0 APROPOS AILS \ : \
:- PROPOSALS will be >ecelTettat'the Earenn of
Supplies and Accounts, -Nary 'Department,*: Wash-
ington. D.> C.\ until ,» lo ? o'clook ?a. '-\u25a0 m.."7 Aus»*t
20, 1907,"; and publicly \u25a0 opened : immediately ' there*
af ter, jto . f urnish ! at : the : navy , yard,'. Ma re I slaad.
Cisco, '; Cal.'." a 5 quantity " of . naral c supplies,^ a<i ,
follows: 'Sch.* r 137: %• Brick.-.' windows. • lumber;
piles.!: paper,* wall- board. — Sch. sAI3S: >t Redwocnl.'
Oregon - pine, Applications J for," proposals ' stiouM
designate ,the schedules desired. by. number.': Blank
proposals will " be \u25a0 furnished \u25a0 upon \u25a0 application to
the i naTy i? pay » office,'- 1 San s Francfsco.-j Cal.. *or
to " the » Bureao.~^ • E.*^ B.": - ROGERS; .- Paymaster-
General : U."' ;S."i N. -\ 7-22-0«
- r^ \u25a0\u25a0-.... — - . •»{
Market and Serenth gts. Phona Market 881. I
SanPranclaco's .Safaat Playhonsa.
: of th* CMnes« Musical Soccess.
- . .• - - . ' ' Special - Extra Keatnre,
\u25a0 '\u25a0\u25a0.;\u25a0 America's Swc«fst Singer.
iKOTE->Yo» Uat chaaeaa to h«ar Kr. Joma tl
\u25a0\u25a0 prior to his dypartar* for da East. '-\u25a0\u25a0\u25a0\u25a0 |V
- • 35c, BQe aad 75«.
'Absolntely Claaa 'JA" Theater Baildm*.
afatlaeo Today and E-rery Day
NTEIIJL. presentlnic '-The Zjl&j Across th« Hall*!
Hares 'and ' Robert*: ' Gaston " and Gr*«n; L*s
Jardy; Orpbeurn Motion Pictures; Last Tlmti •*
WILLARD SIMMS and Co.; Mnllsr. Chnna aad
Mnllar; \ and of • BENJAMIN CHAPMAN as)
ABRAHAM LINCOLN. "In the White Hoqw."
PRlCES— JlTeninga 10c. 25c. Me. 73c. Box
Beats - $1.00. . Matlneea -> (except * Sundays aad
Holidays) 10c.^35c. 30c. -
/ ' PHOXE WEST «000
11 yr.r-T- * wa -'*i * Rwit West im
- — Lorerlcb A Lobelail." Props, and Mjrs. .
The Great Scenic Melodrama, Tbe '• -
A New York Story of TarllUn; Interest.
Tan Ness and Grorc. Phone Market 800,
'' :\u25a0[•\u25a0 ALL. NEXT WEEK . '. \
'If $Not the -flat bat; WhaTs Under IP
'" That \u25a0 Make* People Lanza at
In His Langh-ProTTskin* Show.
. SEATS— OOe to f1.30. . •
.'- Any. . &7-€yrfl : Scott In "Th*. Prtneo Oay.**
Ernest E, HowalL Propr. and Maaafer.
Market and Bta sta. - Phon« Market TTT.
H ersch el May all
In the Marrekms '
Robert Loois Sterenson Creation.
PRICES-15C, 2«c and «Oo
\u25a0 . • Next £ Week,'- Beginning \u25a0 Monday NlghC "
V, : Abtralntety Class, "A" Stroctnr*.
Belasco A May0r. ........ .0wn0rs and Maaagns
. Tonight. and .Tomorrow. Night Last Time* of
Supported by the Alcazar Stock Company, la
"•. Madeline Lucetteßyley's Comedy.
Prices — Erenlng* 25c to $1; Matinees 29c to 00a.
SHANNON : in : IDLER." '.
Comiag Soon— DENIS O'SCLU^AN.
y McAllister '- Street .' near Market.
\u25a0 Hearr^Woleht Champion* of the'WorM.
; In* a Three • Round Exhibition.
•\u25a0''\u25a0' And an SMMMH
AHi STAR ' \u25a0V A I'D EVI LLE!

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