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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, August 20, 1907, Image 6

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The San Francisco Call
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and correct compliance with, their request.
IT is solemnly confirmed and established by decision of the
supreme court that the law sometimes means what it says and
that a man is convicted when he is convicted. Schmitz. and his
corps of expert jugglers with justice contended noisily other
wise, but they did not impress as ©uch as one-seventh of the
court that there was merit in their case. Mayor Taylor is the
mayor and Felon Schmitz is the felon — there, in a nutshell, is one
of the most important and most significant rulings ever handed
down by California's ultimate tribunal.
The decision goes even further than it needed to go. Plainly
and squarely it passes on the only question before the court, that
of the de facto aspect oi the mayoralty dispute, and then it adds,
here and there, an illuminating touch strongly suggestive of the
court's state of mind concerning the deeper question as to who
is mayor de jure, thus:
Here, although \ye are obliged to decide for the purposes of this
and like cases who is de facto mayor of San Francisco, • we cannot de
termine by a judgment which will operate as an estoppel between Dr.
Taylor and Mr. Schmitz who is the de jure mayor, however little doubt
there may be as to the proper decision of that question.
The lay mind may easily imagine what comfort Schmitz and
his lawyers will draw from those pregnant words, "However little
doubt there may be as to the proper decision of that question."
But the immediate significance of the decision is enough com
fort for the time being. It means that the last Schmitzer is to be
booted out of his job right now. It is no longer the big stick but
the big broom that swings. Mayor Taylor may, we think, be
trusted to wield it with vigor and precision. His hands untied, he
ought to and he will clean up the commissions with the delay of
not an hour more than is necessary to pick oat good men for the
places now filled by bad men and to install them in office. Stupid,
crooked Dinan^will be the first to go after Mayor Taylor ousts
the creatures of Schmitz from the police commission. Then the
police force will cease to be an agency for the promotion of crime
and the protectioi^of criminals.
There is no department of the* city government beknv^the
board of supervisors in which gross incompetency, if not down
right dishonesty, was not planted by the blackmailing, bribe hunt
ing. Schmitz. Many little thieves nested with the big thief who
is now in jail. The- evidence against them is voluminous and
strong enough to make Mayor Taylor's task comparatively easy.
He should waste no time upon any part of it. He has with him for
its performance the strong sentiment of the community and the
clear approval of the law. The cleanup is well under way.
nbcase of Zimmer deserves attention. Zimmer himself de
serves punishment and is in a way to get it. Perhaps he may
deserve also a measure of public sympathy, not with respect
to his attitude of defiance toward the law and the courts, but
because he has so foolishly elected to sacrifice himself, his liberty,
his reputation, all that men hold dear. He is making this sacrifice
not to save himself but to protect from the consequences of their
crimes men who stand in the relation to him of superior officers in
the same corporate employ. He told the grand jury what he now
refuses to tell a trial jury. His original excuse or plea was not
that he would degrade or incriminate himself by testifying further,
but that the result of his testimony before the grand jury was
the indictment of men who should not have been indicted
.and that if he repeated his testimony men whom he believed to
be innocent might be sent to prison. Lately— too lately— -he has
changed his lawyer and his mind. Now he says that to testify
would be to incriminate himself.
. . - \u25a0
Zimmer has been in jail for contempt. of court.. More recently
•he has been convicted upon a jury trial of crime, amounting to a mis
demeanor, for refusing to testify. Very likely he will be sentenced to
six months in the county jail, and, in spite of the expert lawyers em
ployed by the people against whom he will not testify, he will prob
ably serve his sentence sooner or later.
The public will surely draw two plain' inferences from Zim
mer's attitude. One is that his testimony would result in felony con
victions against the men whom he is shielding. The other is that he
is doing this thing for pay, given or promised. And what. pay can
there be big enough adequately to compensate a man; for going to
prison, a common criminal/while the real criminals whom he shields
go : free? What pay or reward will compensate him for the stigma
he must inevitably wear air his life? As long as Zimmer lives he
will be known as the man who was sent to jail for protecting or try
ing to protect men guilty of crime. -
The pity of it is that Zimmer is a young man, capable, of the
highest reputation in the business world, of an exemplary private
life, of the best* kind of associations, of many and warm friends. He
would appear to be well entitled to a certain commiseration for his
folly but for another aspect of the case. The law and common
morality make it the duty of the citizen^ to assist justice in the
detection and punishment of crime; The law wisely makes it a crime
for a citizen to refuse .to give testimony concerning criminal acts of
which he has knowledge. What would be thought .-of Zimmer i if the
men who have, sealed his lips were under indictment for murder in
stead of bribe . giving? Is not the; man who shields a criminal as
culpable, as dangerous to organized society, as the criminal himself ?
Another consideration is that the men' whom Zimmer has made
himself a criminal to protect are estopped from pleading that Tthey
were "held up." The telephone company, of which they and : Zim
mcr are officers, did not buy public privileges essential to its busi
ness and unobtainable by any other means.; This company's officials
are indicted for boodling the supervisors, to keep a rival out of the field
— of buying votes so that their concern jiiight" continue to enjoy a mo
nopoly. This company paid crooked money to crooked men to ikeep
out competition, to maintain itsstrangleholtt on this community ,\u25a0
to keep up its great revenues that competition would have cut down.
Pity Zimmer for hisfolly, if you like/ but cond^n'the'meivWho
send him to jail in their stead. They arc not merely criminals, but
cowards. ' \u25a0 .. •' ' '^M
THE- latest "panic" in Wall street bears every appearance of
.having been thoughtfully and;, competently stage ""managed.
But the trick has been done too often before. yThe country
at large is too familiar with the Wall street bogie to be; very
badly scared. "Panics" like this. are central over a minute ,arei£
of Manhattan island and unobserVable elsewhere. One can imagine
that they provoke nothing 'more grave than a smile in Washington
and a grin at Oyster bay. '
Of course, the storm that still echoes in Wall street was
brought off for the familiar purpose, of impressing the administra
tion withKthe perils attendant uponVany sort of interference "with
the "interests."' This; things of $29,000^000 fines; and asking; for
receivers has gone far enough ; therefore, start the thunder machine,
turn on the lightning and let . the orchestra strike up shivery,
doleful music. It. is high time for a "panic." ' - ---
But, somehow, even the immediate vicinage; misses no meals
through fright. Witness the comment of Banker Clews : .
In no part of'the country can any pessimism be discovered correspond
ing to that which exists on Manhattan island south of Fulton" street. That
seems to be the bluest -spot on earthjust now. Mauy of . our great cor
poration leaders are much disturbed and displeased, at the recent activity
of government -and state 'officials. For this ,they can hardly be blamed
since not a few state attacks are; indiscriminate and ill judged.
less, .an era of reform in corporation ) management ': has, already ; begun, the
effect of- which will ultimately be beneficial to stock holders and will do
much toward .removing' the political; and social, discontent -which has been
rising in, a .threatening . degree .for several years past. *
\ And it amuses those not directly concerned to note that the
chief panic makers do not k f6r_a moment forget that they are in
Wall street for other reasons than; their health. .In the midst of
their fearsome dramatic" presentation they,' or some of them, con
trive to steal what: purports to be? an advance copy of a reassuring
presidential utterance and use it to rig the^market for the undoing
of the speculative public and theUesskwary ' and/ more impression
able; of their own tribe: The g^^
may be bad actors, but they do not overlook "many bets; when it
comes to their own kind of; business. . , 7-' • :
HA. BUCK, who attends to the
'; passenger. Interests * of y the
lines "on "the
coast, has, returned ' fromlhls
vacation in the wilds of Humboldt
county, and has been requested to give
an illustrated i lecture L before the mem
bers of the ; Transportation ; club ; ori : his
adventures lin that * fores tine \ region. 5
Buck; traveled 60'mile"s:on*the back of
a ; bucking; bronco,; which: he
bucked; every, foot of the .way, to pay a
call uponlthe? chief Cof theTiHoopailn
dians.V;.The^chieftainess was very kind
to him ; and entertained ; him ; hospitably.
.He was "enabled- through ".her courtesy
to 'learn many/? things." ;H; He -discovered
that :the Hoopas ' are not f dying, out,' and
evidently, agreeVwlth 7 Roosevelt; and his
race, suicide, theories.v Harry says : he,
did! not, know"; there." were: so ;many^ little 1
Indians, in' the '? world. J',T]ie {houses '? of
the tribe,'; he'declares,. are large;; roomy
and ' airy/; particularly?; the i latter. 'AThe
lady ;Hoopas are* devoted . to;their"-chil
dren, and t though f they '\u25a0have ; acquired
many of the civilized arts and fashions,
have;? notr- yet X learned J to; play Sbridge.
'According?; to his lstatements,^ he* spent
a*mostfascinatinglweek:at ; t the reser-*
yation-Y [ .:s: : '*'. *v. : ;' : " ::\u25a0;"'; /"'\u25a0' \u25a0 \u25a0'\u25a0\u25a0 • ' \u25a0.-. //:\u25a0">
"...'\u25a0\u25a0\u25a0. "The county . is prosperous,? s remarked
Buck! when* he;; dropped^ thefsubjectTof
the Hoopas, f "and; the \ people :arefeonfl- :
dent/that in* the sprlng;of, 1909; the: road
f rom : San '? • Francisco "1 tolEuf eka'iwill
have been completed: The Northwestern ,
\Md^r^a^lo^ to Felon Schmitz
Gossip in Railway Circle^
Pacific has made arrangements with the
Bryans on ,' Eel * river to board ! a ;' large
bodyiof men, who ; will be, employed in
boring a -tunnel, through'vthe* Shively.
bluffs to the Eeel'riVer. Work is to jbe
commenced" at once.' . It will ; take some
time to complete^as I am givenito un
derstand ? that the tunnel will 1 be" about
3,000 feet long. All • the; grade stakes
\u25a0for... the/; line.; can be seen, in <-Eel driver'
valley, and there is everything; to show
that ; work;; is \to be. pushed ahead
rapidly. '-' : %|£gpßHpMn.''.
'\u25a0 > ' • ' -•\u25a0' .
* The ; general offices ~of the Western
Pacific i received iWdrd i v ; yesterday- that I
tracklaying.wouldbe: resumed In Utah
during;; the week. , This - has "been; de
layed s owing : to * the -heavy.' work -that
had to.be done in cutting through rock.
It is expected(that. the i track \wi II be at 1
; the Mokelumnel river -from; Stockton ;by"
.the "end >of; theVWek; and 'from : present
appearances 'it ?looksas if Orbvillefwill
be \ with Marysville by the
first of: the month.': \u0084 ; \
.\u25a0'*'-. \u25a0'\u25a0\u25a0.*'" ,'•\u25a0..
; Julius Kruttschnitt,. director of main
tenance; and operation, of. the iHarriman
lines,-; left on* Sunday;' nights for Ta*" trip
of ; inspection ?of: the properties: in the
southwest ; and ;in [ Mexico.VfKrutt
schnitf came to the city with E: H;
'.\u25a0_"\u25a0- . \u25a0'.;-\u25a0 ; \u25a0 ;\u25a0 . '• \u25a0:'• * . .":'\u25a0'/;'• ; ; '.; '*
: .=C.;H. Bacon; commercial agentiof the
Rock f; lsland h' lines, ? with t headquarters
at Pueblo, Colo., is in the ' city on , a
Personal Mention
Dr. I. S. Minor of Eureka is at the
St. James.
- F.*B. Stone of Chicago is at the Ma
jestjp. annex: . ' . - .
. D. A.-Mouht'of Yuba Cityis-at the
• Pacific Grand." '\u25a0 "\u25a0\u25a0\u25a0\u25a0_ '\u25a0 \u25a0 •' .-'-'\u25a0
• J. Jj. Stevenson pf'Btockton Is at the
\u25a0Pacific Grand. / : , V'T' "
James ..W. , Ash* of Hudson, Micia., is
at the Fairmont.
Mr. and Mrs. W. A. Miller of Chicago
are at the- Jefferson: '
Judge James A. Gibson of Los An
geles Is at ' the Savoy. ' ,
; ! A. ~.S. Hawley,' a : Guatemala • coffee
\u25a0'planter,''., Is ; at the Savo>\ .
...A. M.^S.lack and Mrs. Slack of New
.York'are at ;tn& Jefferson.
i R.\H. Glover "of "the internal revenue
service, is at the Majestic. •
George Thomas and wife of Santa
Rosa are _at the St v James.
E. B. O'Conner, a mining man of Ely,
Nev., Is at the Baltimore. .
' "Mr", and Mrs. E. S. Jackson of Los,
Angeles are at. the Imperial.
. Bruce L. Day and Mrs. Day of Sac
ramento are at the Dorchester.
Frank Drake and. S. I. Darwin of
New York are at the St. James. :
! E..W. Lidstone and Mrs. Lidstone^of
F?.irvie>v, Nev..are*at. the Savoy. ' >
.-, Mrs - R. A. Sweeny Rescia has. taken
permanent quarters. at the Majestic.
J. A. Pickett and L. B. Lawrence of
New York aro;at the-Majestic annex. .
Alfred E. Horn, Mrs. Horn and their
son of Brooklyn are at the St. Francis;
E. C. Curtis and. C. "T. Broderick of
Harvard university are at the Fair
mont. . .
.' :E. C. Campbell, a mine • owner of
Goldfield, and Mrs. Campbell, are at the
Savoy. ;\u25a0; '.;'y i"T-?-V/- ; v -'
C. Fred Kohl and Mrs. Kohl of San
Mateo are at the Fairmont for a
lengthy stay.
A. 'Salter, v a mining man of Lake
Tahoe, and Mrs. tialtcr are living at
the Fairmont. - -
.William . Fries and family arrived
from i, Del Monte yesterday. They are
at the Fairmont. .. • -
, Rev. Father John D.McGuife, of the
Catholic .university of Washington, D.
C, is at the/Majestic. : - :--:
1 J. J. Morey, cashier of the; Pajaro
valley; bank, is at the Imperial, accom
panied-by Mrs. Morey.-"- •
Mr. and Mrs/ G. Y.- Henderson of
Eureka,' .accompanied by Miss Sewell,
are at* the St. Francis.
a. J./W.; Tiller, . a mining , man olLßhyo
lite, is at; the Baltimore. He is accom
panied by Mrs. Tiller. ' ; -..
A. J. Thatcher and J. C. Ruddock of
Uklah, representing .the V Uklah Red
Men's lodge at the grand council, are
at- the Hamlih. *. '. ' . , -
Isaac Upham left Monday for a two
months' '..vl^it to his old home in Maine.
He v/iU".Teturn,by the way of James
town and visit the exposition.
ißobert'v Reinhart, advertising man
ager of . the S.N. Wood ;& Co. stores,
left, yesterday for New York on a busi
ness ; trip, to J3e gone about' three
weeks. .
.Kendall Holt of "Riverside, Samuel
Clutter of New York and James Flana
gan of Mcridocino,'.who are here to at
tend the grand council of "Red Men, are
at the Hamlin:
.>;. Frank • Fletcher and Frank McCurdy
of f San '^Luis Obispo and 'Thomas r F.
Graham" and /August ; : Roll of Santa
Clara Tare at the xiamlin. -They will
attend ,the grand : council of Red Men:
j "In the Joke World \* T
Mrs. Cobwigger — Don't, you 'think
you've : had "enough" ice cream? ; . i
- l ;Freddie— No. ' ma; I don't feel sick
yet:— Life." ; % \u25a0
'•\u25a0\u25a0' •.« \u25a0\u25a0\u25a0 • \u25a0;'\u25a0 ' ••'?"'""'. \u25a0 • \u25a0
: "Queer duck, -.Tompkins."-
'.'ln what \u25a0 way ?" " \u25a0 :
>*He; bought?, an* alarm clock arid then
fixed ; It so it - couldn't go ; off."—Milwau
kee : Sentinel. 1 .
Relates interesting anecdotes of prominent
attorneys, including one in which William
Hoff Coolc appears in role of peace maker
nott yCOK S SOU jy WILLIAM HOFF COOK was the butt
Suggests Bodyguard **\u25a0 O f many jokes because of his bad luck
in getting his nose battered while trying to separate the belligerent attorneys
who sought to settle the Halsey case by a fist fight in court. At least one of
these jokes he enjoyed. Cook, has a bright little son who takes a great
interest in his father's work "in court. He heard all about the fight In Judge
Dunne's court. With the logic of youth he figured out that such affairs might
become a regular thing. He feared that hia father might need protection, and
he wanted to help him. He had no pistol, but the next morning as he stood
petting the fierce looking bulldog which guards the Cook residence a bright
thought came to him, and, turning to v his father, who was preparing to go to
court, he said soberly: "Papa, don't you think you'd bettter take the dog along
today?" ,
Treadwell* S Wit (Justice of the Peace A. B. Treadwell has a
H't 1 M «v* een w **» was a source of annoyance to
nits Juror tiard both court and opposing counsel in the days
when he was practicing In the criminal courts. He used to contend the
some of the courts had panels of jurors who would vote guilty, regardless of
the evidence, for fear the prosecution would put them on the taboo Hat and
thus prevent them from picking up any more easy money. The pay of Jurors
was only $2 a day, but many old men were not only willing but eager to serve]
Once when Treadwell had a case in Judge Cook's department he found
the jury box filled with men who he believed would surely convict hia client.
He used the right of peremptory challenge freely, but as fast as one "sure con
victor" left the box another took his place. Finally Treadwell's peremptory
challenges were exhausted, and the successor of the last man rejected seemed
a little worse than any of his predecessors. Treadwell became discouraged,
but before going to a trial that meant prison for his client he asked the pros
pective juror one startling question. It was: "Do you know the difference
between a reasonable doubt and $2 a day?"
Gets Deputy Drunk On another occasion Treadwell was defending
.p.", .* .- a petty offender In the court of Police Judge
<ma escapes Jati Fritz He ralsed a technical objectlon , and
Judge Fritz ruled against him. "Bet you $2 the superior court reverses you!"
roared Treadwell. Judge Fritz declared Treadwell guilty of contempt of court
and sentenced him to 12 hours In the county Jail. A deputy sheriff came after
the prisoner, and together they started at 1 o'clock in the afternoon for the
Broadway jail, but Treadwell never reached there. The deputy sheriff wa3
not averse to taking a drink. Treadwell did not let him miss a single saloon.
At 2 o'clock the pair had reached the corner of Market and Turk streets. By
3 o'clock they were a block farther on. their way. Treadwell took small drink 3
and saw to it that the deputy sheriff's glass was filled to the brim.
Occasionally the deputy balked at the door of a saloon, but Treadwell with
a bland smile would say, "Be a good fellow, and have just one more." At 6
o'clock they were no farther than the corner of Market and. Kearny streets.
"We're pretty near there," said Treadwell. "Let's have another drink." At 9
o'clock Treadwell and his custodian stopped at a saloon within three biocks
of the jail. There the deputy sheriff fell on the floor, and Treadwell went
home to bed. The next morning he apologized to the court and the sentence
of Imprisonment was never carried out.
A PLEASANT bit of news Is the
; formal announcement of the en
gagement, of ' Miss Genevievß
. . . Schultz and. Harold Law. which
has been for some time suspected by
their many friends, and which Is bring
ing forth many of th« heartiest good
wishes - and congratulations.' Miss
Schultz is the eldest daughter of Mrs.
G. A. Schultz and has been a decided
belle since her debut last winter. She
is a beautiful girl, tall, slender and
very fair, with exquisite coloring. She
i§ a San Franciscan, having been edu
cated here at Miss 'Mnrison's school,
and doing especially good work in an
artistic line, as she paints cleverly."
Harold Law- Is the eldest son of Dr.
Hartland Law, and is very clever and
popular. He received most of hi« edu
cation in England, but graduated also
from the University of California; He
has traveled extensively, but is- now
engaged in business here with his
father and uncle.^ No dati has been af-'
ranged for the weddinw. but it" will
probably be an event of the spring:. Mr.
Law and his bride ' will make their
home here.
• • •
'Miss Alice Peters and Frederick
Blackburn, whose engagement - was
announced early last year, have se
lected Wednesday, September 11. as the
date of their \ wedding," which "will be" a
quiet home affair. The ceremony,"
which Is to take place at 9 o'clock in
the evening, will be performed- in the
presence of the members of the two
families, but will be followed by a
large reception. .Neither Miss Peters or
her fiance will have any attendants.
Miss Peters, who Is a pretty dark Vye'd
girl, has never made her formal debut
in sogiety, her engagement being an
nounced while she was yet a. school
girl, so she has deferred her formal in
troduction Into society until after her
marriage. Mr. Blackburn has made his
home here for about two years, coming
originally from Los Angeles. He Is a
graduate of the University of Cali
fornia and is now in business.' He and
-his bride will leave on a .wedding
Journey of some weeks' duration, and
on their return will occupy an apart
ment on Le,avenworth street, between
Jackson and Washington.
Mrs. Lovell White will be the hos
tess at a bridge party on Saturday
afternoon next at her home, 2344-Cali
fornia street, at which the guest of
honor will be Miss Claudina Cotton,
whose . marriage to Charles A. Warren
will be an event of next month.
.\u25a0 • ' • \u25a0 - •
Mr. and Mrs. E. Duplessis Beylard
went from their home at San Mateo to
Del Monte, where they spent the week
end as the guests of Mr. and Mrs
William 11. Crocker.
Gonditions in California
Tie California Promotion eommittew wired the foUowinj to its eaitera fctirwu ia Kew
California temperatures for tie la»t 21 hoars: /
San FrancUc0.........'.'.'.'/.'.';.'.'." '.Vi^im^'. ]'. ] .f 2 : S«toS! I.. "S
San 8iej0....... Minimum 53 yUximvaa....:Tt
Cu»toma duties receded at the San TraacUoa cuttoa lumse for the last week. 1110,400.
-Report, receded hr the California Promotion committee from Fre.no »ay there will U
a oig output of canned peaches.
-';' :»• i»<«"ed Tiaeyard acreage in the Ticinity of Saager. ia rreiao coußty. haa Ud
to extei»lve^lmproTement» aad addition at Ue winery. An additionaKeapacity of 80.000
gallons has >en- provided for and the distillery has been enlarged.
The^steel work ha. twa atarted on the Karphy^Jrant hoildiag, at Bash and Saaeome
streeU, Sag, Frantf.ee. Thi. will' Dei cUw A structure., at present .ix storie. in height,
f«;tWelTe.HThe ground site U a SO vara lot (137:«xW:«). The ex
terior fa«ng will be pressed brick and terra cotta.
AUGUST 20, 4907
The Smart Set
Mrs. Elliott McAllister and her fam
ily went recently to Shasta Springs,
where they ar^ spending a month.;
Mrs. Frank S. Johnson tooK a party
of guests to Del Monte to remain over
the week end In honor of the birthday
of her son Manriee Dore.
Mr. and Mrs. A. S. Lllley have re
turned to their home in San Rafael
after spending the week end at Hotel
Del Monte.
Miss Julia Langhorne . has returned
to. town after a stay of a few days at
the E. W. Hopkins home at Menlo
Park. .• .
Mr. and Mrs. William Babcock of Saa
.Rafael are spending a week at Mon
terey. BBaBBRBfiMI
• • . •
Captain and Mrs. Haldimand P.
Young (formerly Miss Marie Voorhlet).
who were expected to arrive here to
day, have changed their, plans and will
not reach the city "until. Friday night.
They went from Philadelphia, where
they, have been for the past two years,
to New York, where they were for a
few days as the gu«sts of Captain and
Mrs. Guy Scott (formerly Miss Leila
Voorhies). They will be with - Mrs.
Young's parents. Dr. and Mrs. Vobrhtes.
during their stay here, but will sail on
September 7 for the Philippines.
Mr. and Mrs. George M. Pinckard.
who have been at their San Rafael
home during the entire summer. ar«
now spending a ' short time at Del
Monte. . it
Miss. Virginia Vassault. who has been
abroad for the past year or two study
ing music In Paris; is now 'spending a
few weeks In a picturesque fishing vil
lage in Normandy.
Miss Alice Herrln. who has spent the
summer at the Hftrrin country place
near' Shasta, will leave shortly for an
eastern trip. BMftdBMBBI
Miss Susanne McEwen Is spending a
month at Shasta.
Grantland Voorhles has gone on an
automobile trip of several • days' dura
tion to Santa Barbara. •
Rev. Edward Morgan, who has been
abroad for several months, has re
turned to San Francisco.
Miss Helena Robson. who has b«en
abroad for some months, returned sev
eral days ago and is being welcomed
home by her many friends. '
Mrs. Caroline Green Noble, who has
been at the Japanese village near Los
Gatos for some weeks past, has gona to
Berkeley and will spend the winter
at the Berkeley inn. Mrs. Noble under
went, a serious operation recently and
for a. time was very ill, but Is now re
gaining her strength rapidly.

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