The San Francisco call. [volume], August 14, 1907, Page 14, Image 14

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

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14
JAPANESE ENGINEER
HERE TO OBTAIN DATA
ON TELEGRAPH SYSTEM
Mikado's Agent Thinks Pub
lic Ownership Would
Be Improvement
NO WALKOUTS THEN
Great Extensions Planned
in Wire Service
of Empire
Shuylro Urata, an englneei| con
nected with the department of indus
tries in Japan, arrived yesterday from
the east, completing a tour of the
j Trorld undertaken under orders from
/ the mikado, to Inspect the telegraph j
r systems of all countries. He says the
» United States has the best telegraph
service of all he has Inspected, that
< messages are transmitted quicker, that
I a much larger business is transacted,
I and that the American operator has
hie" fellow craftsman of other countries
> beaten for speed and accuracy. But j
:in one particular Urata believes his
• country excels this i,n the telegraph
f business — the entire equipment is
; owned by the government.
"We have no strikes nor lockouts
: there," he said. "The operators, men
'. and women, are -well paid for their
services — that is, they are -well paid in
• comparison with other native skilled
] •workmen. In Japan an operator gets
> about $17.50 per month, but the pur
( chasing power of that sum is far
| greater than five times a like sum in
! this country.
' Urata's tour of inspection was the
/ result of the government's desire to
I greatly extend its service. He has
' gathered data for the mikado.
i "There are now," he said, "about
r 2.000 telegraph stations scattered over
1 the empire. The equipment is modern
I' in every particular, the natives readily
learn the business, and the Japanese
public was quick to employ the wire
i In the transmission of messages.
CLAMOR FOR EXTEXSIOX
"There is a clamor now for more
\u25a0 stations. Before they are installed
\ the government \u25a0wants to kndw all that
is latest in occidental telegraphy.
Hence my visit.
"I have been to almost all of the
cable stations of the world, visited
every country where the telegraph Is
a feature of social and commercial life,
and I have learned much that will be
of advantage to my people when the
new offices are opened and the wires
extended to every part of the land of
the rising sun.
"But in America I have learned the
most. Your system here is wonderful.
Only one thing is lacking — the gov
ernment should control.
"In my country the income from the
telegraph and telephone departments
amounts to an enormous sum each
year and the profits are continually
growing as wire communication be
comes more prevalent. The business
is admirably and honestly managed,
as the immense, profits clearly show.
Particularly is this true with the tele
graph service. "We have more com
plaints against our telephone systems.
I am told that you have trouble with
your telephones too.
GOVERXMEVT EMPLOYS GIRLS
"Contrary to your experience, we
have larger patronage for our tele
graph business than for the telephone.
Very few homes have the latter me
talled, but the demand for telephones
is growing rapidly. There, as here,
most of the operators at 'central' are
girls, who are employed by the gov
ernment and are well paid and happy.
"Our telegraphic code is a modifica
tion, or an elaboration rather, of the
Morse, but on account of the larger
number of syllable sounds in our lan
guage It is not possible to send as
rapidly in Japanese as in English.
"The code was adapted by a native
Japanese about 40 years ago, but it
has not been until recent years that
much attention was paid to the ad
vantages of instantaneous communi
cation.
'Out of the profits of the business
there will be taken a fund of about
$1,000,000 to extend, equip and thor
oughly modernize a telegraph system
.tor Nippon which will compare favor
ably with yours, ' and will beat it in
one particular, a government owner
ship, which the Japanese have found
srorks splendidly."
Urata Is a scholar and speaks Eng-
"llsh fluently. He will make his tech
nical report to his government, which
then will proceed to enlarge tele
' graphic business. Among other pro
jects now in view but undetermined
upon is a cable service between Japan,
Korea and Port Arthur.
HORSFOIID'S ACID PHOSPHATE
Relieve* Headache
caused by summer heat, overwork,
nervous disorders or impaired diges
tion. - Relieves quickly. •
SUES TO ANNUL WILL
OF HER RICH SISTER
t^liss Emma . Michalitschke
r Declares Relative Was
51 Incompetent
' Miss Emma Michalitschke began suit
yesterday •to contest the will of Mrs.
Virginia Kornfeld, her sister. An es
tate valued at more than $200,000 by
'.the will of Mrs. Kornfeld, who died a
'month and a half ago, was divided
among nieces and nephews of the de
ceased and the sister was cut off with
$50. Miss Michalitschke will contest
the will on the ground that her rela
tives, and especially a niece, Annie T.
\u25a0 Smith, had used; their influence to have
\u25a0her cut off In her sister's will, and that
]by deliberate falsehoods and misrepre
sentation of facts a short time before
her sister's death had caused a, breach
.that had never been closed. As fur
ther grounds for a contest of the will
Miss Michalitschke alleged that at the
time the will was made, July 24, her
sister was mentally Incompetent, and
that the will she signed was invalid.
She asked the court to apportion the
estate to her as it would have been had
no will been made by the deceased.
sAxmvicmiE.v disagree
Christ Constantine was arrested 1
early yesterday morning In O'Farrell
street by Policeman H. Smith on a
warrant charging him with felony em
bezzlement. The complaining witness
Is James Secolorius, who alleges* that,
he and Constantine were partners in a
sandwich stand in' Harrison street, be- i
• tween Sixth and Seventh. They were
'to divide the: profits, equally and by
mistake Secolorius divided the gross
I proceeds. When he found that he had
t to account for the expenses, he asked
iConrtantine for his share, but Con
.stantlne refused, KSBEsH
WOMAN WHO NEGLECTS
HOME FOR ROSTRUM IS
DIVORCED BY HUSBAND
U. E. Thompson Sues Wife
Because She Is a v
3 Lecturer jj-t^f-
DAUGHTER TESTIFIES
Nineteen Year Old Girl Says
She Has Not Had
Mother's Care
Alleging that his wife cared more for
traveling around the globe, lecturing
in the interests of education, than she
did for ncr home, and that for three
years she had not paid. a visit to her
family, U. B. Thompson asked . for • and
received an interlocutory decree of di
vorce from his wife, Mary. B. -Thomp
son, in Judge Graham's court yester
day. - \u25a0, ,V.yv'--j
Both Thompson and his 19 year old
daughter testified as to the wife and
mother's wandering disposition. The
daughter, Myra E. Thompson, told the
court that she had not known a moth
er's care since her early childhood, that
her mother had been so engrossed in
preparing herself for. lecturing tours
and writing manuscripts for educational
tracts that she had given the -home no
attention whatever. The young wom
an's father corroborated the testimony
of his daughter. There was no op
position, so Judge Graham granted the
decree on the ground of willful deser
tion. . Mrs. Thompson was declared
self-supporting and allowed none of
the community property of the couple.
John E. Eib was made the defendant
yesterday in a suit for divorce brought
against him by his wife, Josie, who
in her complaint alleged that for more
than a year she had been forced to
support herself and her three children
while her husband "hung around" the
street corners, refusing to work.
Four typewritten pages of the suit
for divorce filed yesterday by Winifred
Tobin against her husband, James A.
Tobin, were devoted to accounts of
how on various occasions he had
beaten her, cursed her, threatened her
life and in other ways treated her with
extreme cruelty. > Mrs! Tobin for more
than three years^ she claims, has been
forced to keep a lodging house* to sup
port herself and supply her husband
with money, which, she says, he usually
spent in saloons. .(&
The beatings and ahuse began, Mrs.
Tobin alleges, five years ago, three
years after she became Tobln's wife.
On an' average of once a month, ac
cording to her complaint, he beat her
and on several occasions thrust her out
of the house. A year ago, she said, he
quit work entirely. Her husband went
from bad to worse, she claimed, -and
finally his actions about the house be
came so obtrusive that her patrons left
their rooms and refused to return.
She asked that the bonds of matri
mony be severed.
WHEELS CRUSH OUT LIFE
WHILE VICTIM SLEEPS
Man Makes Bed in Straw
on Spur Freight
Tracks
An unidentified man was run over
by a freight train yesterday morning
about 4:30 o'clock at Nineteenth and
Harrison streets. At that comer -the
United can company has a •warehouse.
A spur track, seldom used, runs from
the main rails past its doors. The
track was covered with a pile of straw,
where the mangled body of the victim
was found after a train and locomotive
had passed over it.
The presumption of the morgue au
thorities'is that the man lay down on
the straw to sleep and that the car
was on him before he was aware of it
The remains were taken to the morgue.
There was nothing found on the body
to indicate the man's identity, but from
the appearance of the garments it Is
thought he was out of work, though
he was not garbed in the clothes of a
typical tramp.
Ed Hoyt was the engineer and Bert
Hengitt the fireman on engine 1058,
which ran over tho man. "William
Gieschking was the switchman who
directed the train on the switch tracks
where the victim was sleeping. . ,/
FRESNO HERALD AND , j -iV : .[
DEMOCRAT ENTERS FIELD
First Edition of Evening Paper Is
Filled With Live News and Is
Most Creditable Edition
The first . issue of the new Fresno
Herald and Democrat, an evening pa
per, was made Saturday and is atrlght.
interesting and thoroughly newsy pub
lication. It is of a much higher, stand
ard than the average newspaper pub
lished in cities of the size of Fresno.
The 12 pages are filled with live
news and the local columns denote
highly meritorious work. If the suc
ceeding issues are of the same good
quality the Fresno Herald and Demo
crat will hold its own. with all' the
other evening papers in "California. It
receives a full Associated Press service,
and in all respects is what '"an ener
getic, lively evening paper o^ht to boy
A'ATIVE SONS' INSTALLATjdx
The following have been, installed
as the officers of Hesperian parlor.
Native Sons of the Golden West, for
the current term: J. B. Twigg, presi
dent; M. T.: McCreagh, T. P. Sheridan
and E. A. Lemleux, vice presidents;, J.
H. Roxburgh, recording secretary
George P. Theller, financial secretary;
C. F. Buttle, treasurer; G. C. Wood
marshal; H. Fiege and O. Wallace'
trustees; G. T. Hatch and George J.
Zett, sentinels, and Drs. Coffey, Maher
Andrews. Lugge and Donnell, physi
cians. District Grand President Rich
ardson, the installing officer, . and those'
who assisted him, received .a vote of
thanks, after which there was a ban
quet.
Diamond*
Baldwin Jewelry Co. makes advances on
diamonds. 1261 .Van Ness av.nr. Sutter.'
ACCUSER APOLOGIZES
S. J. Bens was charged last April by
William Lane with having 'obtained
51,900 by false pretenses,: having pre
tended to be the owner, of brick which
he sold. to Lane. "The accusedwas held
to answer to the superior court and the
case coming up for, trial- Monday, was
dismissed by Judge Cook, : who" decided
that the evidence was Insufficient to
hold , Bens.
Lane announced that a mistake i-had
been made and that Bens wasinnocent.
"The : criminal charge ? brought . against
him," said Lane, "was unjust."
111 effects of iced drinks prevented by
Angostura Bitters — valuable .'stomachic*
TSE- \u25a0BAN: : FRMCTSG<i; GALE, MtGTJST vl4, >-t907;
Glass Jury is Completed in Record Breaking Time
as Result of Curb Lawlor Places on Lawyers
Taking of Testimony; in the ;Efrifc>ery Case Is to Begin Tociay
The jury sworn in for the second. trial of Louis Class on a charge of In the •."tippet 'row, from left to right, are Ceorge W. Payton, James
Gaily. Johnson Elliott, . Richard M. Collins, John B. J Knudson, James -Classford and Joseph C. Queen. Those in the lower row, from left to right, ;.
are Niels C. Mortensen, Edward W. Strange, Frank W r . Brown, Franklin ßiffle and Dr. Philip H. Flood. \ 1^ % !
The second trial of General Manager
Louis Glass of the , Pacific telephone
and telegraph company for bribery will
be begun in earnest this morning In
Judge Lawlor's court. In a record
breaking burst 1 of speed -yesterday
afternoon the jury was completed, and
the 12 jurors spent the night at the
Fairmont hotel in' the custody of Depu
ties James Ryan and Benjamin: Mont
gomery, who had charge of the jury at
the preceding trial. ? '
• That the selection of Jurors was ac
complished in much less time than has
been taken in any other^case growing
out of the graft indictments was.prin
cipally due to Judge Lawlor's Insist
ence that the contending attorneys
should. confine their lines of inquiry to
essential matters and eliminate useless
repetitions. . Another, factor which- con-*
tributed to progress was that compara
tively few talesmen were found to have
decided 1 opinions as' to the guilt or in
nocence of the defendant. The tales
men were excused mostly in instances
where they professed an unwillingness
to accept the testimony under oath of
confessed bribe taking ex-supervisors,
who might be called as witnesses by the
Btate.
28 TALESMEN EXAMINED
But 28 'talesmen; were examined dur
ing the three two-hour sessions devoted
to the selection of the jury, and only 10
of v these were challenged for cause. The
prosecution did not exercise Its right
of peremptory challenge In a single in
stance, but the • defense exhausted six
of its l(f peremptorles when the jury
box was first filled yesterday afternoon.
The seven talesmen last examined
passed through the mill of inquiry at
the rate of six minutes 4 each, and the
only. one excused. was Elmer C. Pitcher,
manager of a manufacturing plant, who
was dismissed at his own request on ac
count" of urgent business demands..
' The jury as it was finally , accepted
and sworn \u25a0consists of Johnson Elliott
of^the grocery firm of West, Elliott &
Gordon; John B. Knudson, president of
the Knudson pie company; Richard M.
Collins, a hay and grain dealer;, Niels C.
Mortensen.-a contractor; James Gaily, a
carpenter; James Glassford, a wholesale
grocer; Frank W. Brown, a longshore
man; George "W. Payton, a bicycle re
pairer; Joseph C. Queen, an advertising
agent; Philip H. Flood, a" retired physi
cianand surgeon; Edward W. Strange,
a jeweler, and. Franklin Riffle, an em
ploye of ithe wholesale hardware firm
of Dunham, Carrigan;& Hayden. .-.••:"
Immediately, the jury was" completed
Judge Lawlor announced his decision to
exercise the court's discretion by order-
Ing, the jury kept together in custody,
and Bailiffs Ryan and Montgomery were
sworn to take charge -of it. A suite of
14 rooms on the fourth floor of the
Fairmont hotel was engaged, and the
tallyho which bore the first' jury to and
from the courthouse was again brought
Into ' service. The jury rooms at the
Fairmont are isolated from the . re
mainder of the hotel, and .instead '.; of
being quartered together/as at-the.pre
vious trial, >the jurors are'each provided
with a'"separate room. ?w^l ;I * "*\u25a0•';"-
SCOTT MAKES COMPLAINT
. - President Henry T.,Scott : of the" tele
phone-* company .appeared :; yesterday
morning to ask that '-the ; executive
officials of. the company, who have be'en
subpenaedvast witnesses, •> be) excused
from further 'attendance -until . such
time as 'they; are to ( be ' called \to the
stand. He- declared, that "the, company
was "suffering for . the [; reason /that il7
"of Its ; , head f officials 'were i required^ to
be rpresent-for - a; ' considerable ;V length;
of 'time, once or-' twice'" each •"day \at
court, and ' Judge Lawlor agreed >to ' ex- 1
cuße them yon | Scpttrs • that,
he.would have a clerk,present atteach
session .'. to ~ summon the witnesses \ ;by,
telephone: .when ; their presence might
be , required./ : - v, .: '
Daniel \u25a0* Kelly, the Afire -insurance
agent,, : who,V was .under - examination
when' adjournment, was:' taken -'Monday
afternoon, was ithe; first, talesman called
to' the stand yesterday^and^was passed
to the 'Jury ibox. without .challenge 'Jon
his positive statement that /he- could
throw oft any*. opinion --'that \u25a0 he ; « had
formed if' chosen ,as a juror, ;andithat
he; could give both sides; a ' fair and
Impartial ':. trial; - James a
former employe of ; the: dry ; goods' firm
ofj O'Connor, Moffatt. & -Co.;' was ac
cepted,; after a i short examination. He
said that she :had-.no,"opiriion" and had
taken pains toj discuss "\u25a0 the * case with
no one,", having" warned those, who at
tempted to lead ;him; into
that he had ; been : drawn "on .the panel
from which the jury wouldibe selected:
. Ferdinand , Mayer,?.' contractor v arid
builder, ; was',, challenged "by..: Assistant
District' Attorney Heney .''on* -his ' frank
statement : that . he \ sympathized 1 with
'the 'defendant: because of the extent of
the latter's -.tfoubles. He [declared that
tipping a waiter ':wa.s as . much, •of:j a
bribery, v in : his'oplnlori, as!., the 'buying
.up of a supervisor^; and! that 'he thought
that the telephone company, had alhthe
tJLroubleithat;was/<:omingHo>itithrough!
its s , fire losses 'and ; strike Tof fop'erators.
'Despite! . Mayer's? that -he
. would I take " the - law,; from \u25a0 the i court ' in
*any l case but r this, particular one,; Cooi
'gan* denied \ Heney's the
talesman was S excused.'' by- the r court
• over \ the "objection-; of I the : defense^,?"
AO FAITH I.\ BOODLEKS
Edward*: Mcßride,'; real ; estate ; r mari,
said ..that Ihe i! had \u25a0; an 'j. impression i con
cerning : theVdef endarifs , guilt .'or . inno
Twelve Men Sworn for Retrial
Johnscn Elliott, 1544 Polk street, retail grocer.
John B. Knudson, 412 Noe. street, baker.
Richard " M. Collins,^ 518 Capp street, - hay and . grain dealer.
Niels C. Mortensen, 1348 Ellis street, contractor.
James Gaily, -1359 Oak street, carpenter- -
James : Glassford, 1604 Turk street,' wholesale grocer.
Frank W. Brown, 1654 San Jose avenue, longshoreman.
George W. Payton, 18 Ford street, bicycle repairer.
Joseph C. Queen, 924 Grove street, advertising agent
Philip H. Flood, 1219 Page street, retired phsyician.
Edward W. Strange, 222 Waller street, jeweler.
Franklin Riffle, . 840 Clayton street, hardware clerk.
cence, but no' decided . opinion, and .was
accepted by both (prosecution . and
fense. ."William H. McCormick put him
self ' on record as refusing, to accept
the, testimony of an ex-supervisor, but
Heney's challenge was denied by Mc-
Pike, and .McCormick, /. too, was dis
missed by the court over, an objection
from /the defense. Richard M. Collins,
hay. rand grain, dealer, was | passed
without protest on his '- assertion that
he could serve fairly.to both sides. He
said that he had sold goods to the city
and: - has an. account before the board
of ; supervisors for. payment. He did
not know any member of -.the present
board, however, and declared that his
business relations with . the city would
not-affect his judgment.
Philip Bruckner, j furrier, made the
admission that he could not be fair to
the prosecution, as he would refuse. to
convict a briber, Unless the bribe taker
was also prosecuted. Then. he directly
contradicted himself, and after some
wrangling between the attorneys Judge
Lawlor took up the inquiry and ex
cused the juror over Coogan's objec
tion. Coogan asked permission to put
another question to the talesman after
the court had ruled,' but Judge Lawlor
explained that he would not allow any
juror with peculiar views to sit in : the
box. - .
"I got In the .wrong pew," was the
explanation of Abrahan Brown, the next
talesman, who was discovered by the
court Monday afternoon sitting 'in, a
seat next to the defendant's attorneys.
Judge Lawlor' questioned .him about
the occurrence and he explained that: it
was mere inadvertence. He was also,
excused over -Coogan's objection on
Heney's challenge, having said that-he
would give no weight to the testimony
of any witness protected .by an" immu
nity , t:on tract. George "W. Andrews
was quickly excused because "iOf a' de
cided opinion, as was also Richard M.
Nason. •
TELLS OF "SIX BIT JOB"
Neils C. Mortensen, a contractor**and
former furnitureman,- was. passed,, after"
the' -briefest' of examinations'.v Ton .his
own: statement .that', he was, without
prejudice. Charles. !Q- Gebhardt twas.
excused for bias, and James Gaily, was
accepted. . The latter- stated' that.fjust
after the flre^he j had- -repaired <*a; roof
for' the telephone company "and received
about ; " six- bits -for f tho -job," but , that
this business; transaction would'not In
fluence' "him. \u25a0\u25a0"\u25a0\u25a0-". : ' .«"'.'\u25a0
.\u25a0;Loul.s Andresen. • a<: butcher - with' a
qualified opinion 'and a sympathy -.with
thefcgraft". prosecution in fgeneral/.but
not lof j a decided 1 enough nature.^was
accepted. Jarhes '^Glassford, '• wfiblesale
grocer, and " Edward "W.^ Bender,-! book
publisher, : were • passed by- consent. ;.The s
latter volunteered; the statement.^ that
hisson wag employed' by. the -telephone
company, but^ that ' this •• would *nbt
change' his idea' of idealinglout^Justice.
-. : .This filled ,the. jury ! box ; : and :an; at
tempt- was . made \u25a0 by_-McPike' to; renew
the examination of Talesman Arthur'W.
Johnson, who * was; .retained |in .'.the i box
Mbriday over A decided .objections!, from
the- defense.--', McPike asked -that v the
transcript of ; the" examinatlon^ofii' John
son, which : : occupied ; an 'hour Monday,
be reread, but the'edurt refused. *" :\u25a0
; "L : have>never ''presidedu.at^a; trial
where . a ;jurbr -stood' more"- fairly/be
twefen the parties. than this juror,'.' said
Judge i Lawlor, \u25a0 and then the \ court " Once
more questioned -Johnson "and; recieved
satisfactory "answers.' \u25a0'; Still \u25a0 McPike
persisted in -asking: another question..;
"I'd; like^to ask the juror just ;one
question," he appealed. to the coiirt.^ .
"No, :sir. not a> question,"' responded
Judge Lawlor. L-. ''\u25a0vi^^^^^^^^^^M
reopened: the of
'Talesman Kennedy; "who ; stated ? that : he
had' been present inlthe courtroom dur
ing^ partof; 7 the" time! that "the' first i trial
was In pfogress^butjthat he had formed
no opinion as to s the. merits 'of .the'caseJ
Cobgan's -challenge To- this statement
was disallowed." . • V . :
PIMSH IS 1 EXPEDITIOUS
; The prosecution** stated' ," its "willing
ness '\u25a0 to accepUthe* jury as it stood; : but
Kelly.V ;Johns6n.t~Mcßrlde, A; Kennedy,'
Bender, and ? Andfesenj were ;jon
peremptory rchallengo^by/ the defense. : ;
?<>\u25a0 FranklW.'jßrown* George : -.W7i Pay tori;
Joseph (C-iQueeri,;pr.*Philip/H.vFlo6dr
Edward strange ''and Frankliiv Riffle
werej chosen to '; fill sthe ~< vacancies £ and
were accepted. by, both" state and^defense
wi thout ? .the j exercise; of *ai singles per-,
emptory. J During theljexalminationl of
Payton,!.McPike ;to6k:Occasi6nltoTcast
a 'slur at' Special /Ageiit' Burns fby|ask
ing the'talesman if he knew "that spot
ter of men." Heney retorted quickly by
asking if the talesman knew "a spot
ter or detective named Daley," and a
quick laugh went around the court
room. X
Dr. Flood was In attendance the
greater portion of the time as a spec
tator during the first Glass trial, but
said : that he had formed no opinion.
Riffle, the last .Juror examined and ac
cepted, raised/ a -slight commotion by
volunteering his private opinion of the
methods -employed \u25a0by the defendant's
attorneys, but this did not result in his
challenge or disqualification.
"I have a slight ' opinion," asserted
Riffle, "which is not based on what I
have read, but Is disconnected with it
Thathasn't affected me, but the appar
ent anxiety of the accused to avoid
trial,,, as- shown -by the : actions of his
counsel, has created in my mind an im
pression of his guilt. I don't mean by
that that ho is guilty, and I wouldn't
let it influence my verdict."
An adjournment until 10 o'clock this
morning was taken as soon as the'jur
ors were sworn and admonished.
RUEF'S CASE GOES OVER
"Curly Boss" Leaves Prison Home to
Appear in Court
Abe Ruef left his prison at the end
of Fillmore street \ yesterday morning
and accompanied by Elisor Biggy ap
peared in Judge Dunne's : court long
enough to. have his case on the second
charge of extortion set . over for one
week. Senator- George B. Keane ap
peared as counsel for Ruef. He based
his motion for a continuance on the
ground of consent by. counsel on both
sides. Attorney C. W. . Cobb, Heney's
partner, stated that the prosecution
would consent to a continuance and the
case was set for next Tuesday.
While in court yesterday morning
Keane and Cobb agreed to dispose of
the : four cases of extortion -against
Ruef set for a hearing on today's cal
"ender. without going through the
\u25a0formality* of appearing in the court
room this ; morning. -By request -Judge
Dunne • continued the four cases '\u25a0, two
weeks. - - -\u25a0 — "- - -
i, MURPHY . IS DENIED A WRIT
Appellate Court Acts on Petition
Against I Paying Ruef Expenses
, | Presidlngc Judge -/James A. ? Cooper,
and'JustlcesrrKerrlgan and_;Hall handed
down>ai decision-i in -the appellate', court
yesterday j concerning the petition of . P.
J. Murphy, . a; tax \ payer, '• for > a » writ of
prohibition -to -prevent thej paynient< of
$1.092- f or.,the cost of ; keeping Abraham
.Ruef .while a 'prisoner .'of the state.- The
.de/e.ndants named : ,in; ; the petition, were
iTreasurer Charles; A. Bantel, treasurer
of : the city;. arid .countj',.of £&n Fran-'
cisco; - the ..'superiorly court, .Frank, H.
Du'nneii a .Judge thereof, and \V. , J.
"Biggy \u25a0 as: elisor. ,: '.*
appellate"; court* in, -its decision
held/that "if. it is , conceded that the
'bill is ( illegal the case;is not one that
would lie in, the court E of appeals, but
that the matter should have been taken
the superior court" and ; an; in
junction" applied for to 'restrain the
payment . of. the bill.';- .The-, writ "was
denied." ' ' '""'\u25a0'...)' \u25a0 \u25a0
Important to , Merchants
Accounts collected, city, country and
foreign, •; by ;D. A. : Curtin (Collection
Agency), Mbnadnock building (12 years
in -Mills building). Largely increased
facilities, 'reliable: correspondents; ref
erences, \banks and merchants. •
SEEKING !V.M. DICKSOX
•„'!-; A' letter was received by. Mayor Tay
lor,: yesterday - from • Mrs. - E. -Dlckson .of
2715: "; Shady avenue, : Allegheny Cit >
asking Information as; to the wh. \u25a0*'
abouts ; of. N. M. ; Dickson, who formerly
lived -at 69. Bay; avenue Jin 'this city.
The last hisjrelatives heard of him was
onlMarch'. 7! of .this. year, when* he, wrote
to ;his l folks -in ; the " east. He ,was sup
posed to 1- have ; worked > for*, the ': Illinois
Pacific! glass works, on Folsom streetl! \u25a0
• . :. Por; Infants and -Children^;
The Kind You Heye Always Bought
\u25a0Bears the /lx JZ&FTT^
Signature of C&a£&/'C<dc/(4i£l ;
DINAN CANNOT BE TRIED
BY THE SUPERIOR COURT
Appellate ' Court Declares
\ I That Police: Board Has
sSole Power, to Act
By a decision handed down. from the
court of appeals yesterday Chief of Po
lice Dinan is allowed to hold his office
until removed by the board ; of police
commissioners.. Tho court held that the
commission .is the only tribunal be
fore which Dinan could be tried legally
and removed from office.
According to the decision of - Presid
ing Justice James A. Cooper and Jus
tices Kerrigan and Hall the powers of
the police commission, which were con
ferred by the people under the charter
of the city and county of San Fran
cisco and adopted subsequently by the
legislature on January 26, v 1599, are •in
relation to the police department supe
rior to the laws contained: in the penal
code of 1872, ( .nnder, which ,the*indlct
ment against -Dinan was returned by
the grand Jury on June 3 last.
Dinan was charged with protecting
resorts at .712 and 714 Pacific street. and
with assisting Eugene rE. Schraitz in
the defense of his extortion 'trial, .and
with Instructing the police to withhold
from the district- attorney information
derogatory to Schmltz. ';i-^ ; . - .
The grand jury", returned "an Indict
ment against Dinan and .the . trial was
allotted to Judge Seawell. .Dinan peti
tioned the court of appeals for a writ 'of
prohibition "to restrain ".the superior
court from proceeding with the trial,
on the ground. that the superior, court
had no jurisdiction, -as; the penal* code
under which 'the Indictment was found
was subservient to- the laws of the po
lice commission as contained .in -the
civic charter.
In upholding Dlnan's contention the
appellate court pointed to a conflict.be
tween the penal code laws of 1872 with
the municipal powers vested.' in j the
board •of .police commissioners \u2666 under
tIW-charter of the city. and. county, of
San Francisco In. 1899.* The court held,
in; an opinion, comprising' 4,000 ; words,
that ; the ; charter in \u25a0 providing for a po
lice department placed .that department
under the control of the police commis
sioners,: giving- power -to appoint,- dis
charge, suspend and . disrate., any 4 of
ficers of the department.
Section 2. of. the charter, provides
especially for the punishment : of po
lice officials,- and section" 3' stipulates
that no . dismissal shall be • made prior
to a fair and impartial trial before the
board of: police - commissioners."
The court declares that the, sections
of the- penal •code, were therefore- in
conflict with - the ! provisions . of, -the
charter quoted. . - For an off ense^against
the laws of the 'state, the' court held
£JO BACK EAST
V llSnHßS^^^^^^^^w ' w^mmmm mm mm mm WmJr
' ; • First Glass Excursion Tickets good to ( ,i-
:' come back within 90 days— good to
stop over at the Grand Canyon en route
—good for . passage either on the Caji-
: y^';. forma Limited or either of our daily
Overland trains, and with other ad-
vantages, will be sold as follows:
On .August 19, 20 and 21
And September 11, 12 and 13
\ Chicago and .back $ 72.50 CouncO Bluffs, la.s 60.00
St Louis, M 0: ... 67^0 Sioux City, 1a... 62^5
Kansas' City, Mo. 60.00 St. Paul, Minn... 70.00
• Omaha, ; Neb.... \ 60.00 Minnsapolis.Minn. . 70.00
Memphis, Term.. 67.50 Duluth, Minn.... 72.50
New Orleans, La. 67.50 Houston, Tex.... 60.00 •
s ' Atchison, Kan... 60.00 New York, N. Y. 108.50
St. Joseph, Mo.. 60.00 Bosfon, Mass...." 109.50
Leavenworth,Kan. ; 60.00 Baltimore, .Md*.".'^ 107.00
Washington, D. C^ $107.00
and We'll Plan It AH tJ/
673 Market St, San Francisco
(MONADNOCK BUILDING)
Telephone Temporary 315
RAILROADS DECIDE TO
OBSERVE LANE'S STATE
TOLL REGULATIONS
San Francisco Will Have
Same Terminal Rates .•
as Whole Coast #>j
\u25a0c^. — \u25a0-•\u25a0
TO ABSORB TARIFF
Differential of 7 Cents to Be
/^Madein Flour and
!%,, Wheat
The Southern Pacific • and Santa F»
railroads have decided to obey the or
der of the Interstate commerce com-^
mission as written .by Commissioner
Lane regulating . the state tolls. On
and after August 26 no more state tolls
will be charged on interstate ship
ments to or from San Francisco.
This decision on the part of th**.
railroads will have the effect of mak
ing the terminal rates In San Fran
cisco the same as In other Pacific coast
terminals. The railroads -will absorb
the San Francisco bay tolls la tfa-s '
rates.
It was also decided by tho two Tall
road companies to obey the order of.
the Interstate commerce commission as
written by Commissioner Prouty. male- y
ing a differential of 7 cents a hundred^
pounds between the rate on flour and !
wheat from Kansas points to Call- ]
fornia terminals.' This chang» will go |
into effect August 20.
that petitioner would become respon- ;
sible. to the state laws, but that. in!
the^matter before the court tha charge !
was an offense against tho ofsce and i
a : prayer for removal from offlce.
The opinion of the justices Is sup- '
ported by authorities. Byrne vs. Dram. §
California 127. 667. and others. The case
of Croly vs. city of Sacramento. 119 Cal
ifornia. 229. Is cited, in which an offl- :
cer was charged with neglect of duty
under the state law. The amendment ;
of section 6. article 11. of the constitu
tion, which gives municipalities an ex- I
elusive privilege to enact direct leg!*- [
latlon and to regulate, control and
govern. municipal affairs. Is quoted at
length.
In conclusion the court ixeld that th» '
charter of the city and county of San
Francisco made especial provision forv
the dismissal of the chief of police {
where the wording of. the charter ]
reads: "He shall be- dismissed In no ;
other manner than by the police com- 9
mission after a fair and impartial ' \
trial." I j
The opinion states that tho case of '
Coffee.V.. supreme court. 147 California...
525, upon which the respondents relied,
and was in relation to an accusation •
against ,the chief of police, of Sacra
mento under the penal code, was de
cided-before the amendment to section
16 of article 20 ciime into force.
The opinion ends: "The provisions of
the charter cannot control if tho pro
ceedings in the supreme court can be
allowed to control. . It is our duty to ;
enforce the charter and its provisions
if we can do so. It 13 a special grant
of power for a particular municipality
and pertaining- to a particular subject.
The writ is made peremptory, and the
respondents absolutely restrained from.
any further proceedings in said mat
ter."
Gabrielle Parlor No. 139. N~. D. O TV
and Orlnda Parlor No. 56, N. D. G. "W.I
announce anniversary party Saturday
evening. August 17. 1907. at VeUrans*
hall, 431 Duboce avenue. Admission
25c. Dancing promptly 8:30. •
KNOCKED VOWX BY CA&— While attempt-
Ing to cross tb« track at Sixteenth and Guerrero
streets last nltrht E. J. McKenzl*. an elec
trician. wa« knocked down by a Ftllmnre street
car. His right leg waa fractured and a kne«
dislocated. .
NOTICE
to residents of $
Burlingame
San Mat co Palo Alto
and other suburban towns
Have you a porch ? |
Have you a garden? j
Have you an outdoor £
living room ? i
If so, do not miss our big reduction
•ale of summer furniture this week
D. N. & E. WALTER & CO.
Van Ness and Sacramento, S. F.