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4 COOK RETIRES ON HALF PAY PENSION Police Board Grants Application of Former Chief Based on Injury in 1893 Reorganization of Department Delayed, Martin Saying Time Is Not Ripe With 2J years of active service in the police department to liis credit, crowned with the honor of having been its chs>f, Jesse B. Cook was yesterday retired, at his own request, with the rar.k of sergeant, and granted a half pay pension for the remainder of his life. The new board of police commission ers, which a fortnight ago accepted Cook's resignation a« chief to make *ray for a new executive of the present administration's own choosing, acted fjkvorably upon Cook's application for retirement at a meeting yesterday afternoon. The matter was made the first order of business for the day, and was quickly disposed of. When he entered the board room prior to the meeting, the former chief received the salutes of the captains who had already taken their places. He seated himself among them, . but took no part in the hearing of his peti tion. The application was read by the ojerk. together- with the affidavits of several physicians as to his physical condition, and the recommendations of Chief Martin. Captain Anderson and other official? of the department that the application for retirement, be granted. RETTIRKS O3V FIFTIETH BIRTHDAY Th« motion to grant the application was mad* by Commissioner Spiro, and received a unanimous vote. The re- Tir^ment was given to Cook as a ser geant of the department, which was his official rank prior to his appoint ment a* chief, and which, at half pay, jrives him a pension of $70 per month. His original wirh was to be returned to the office of property clerk for three years, at the expiration of which time h* would have been eligible for retire ment on half pay as captain, but when this station was refused him he filed the application for immediate retire ment. Had Cook remained » us an active member of the department for two more d»ya b«" would have completed -I years of service, for his appointment as a policeman was dated February 13. IS*?. Yesterday was an anniversary, however, for it was his fiftieth birth day. The g;ro:ind of his retirement was disability resulting from injuries received in 1*0:;. Tvij^n he was a police man attached to Uir> harbor station. AMCLE nitOKF.N BY SAILORS < 'enk was one of three policemen de tailed to Becuri? men from the Sailors' h"me to replace a mutinous crew on a vessel lying at the Fremont street wharf. He was riding in the rear of a wagon when one of the sailors caught him by the legs and pulled him from the vehicle. His left ankle was broken, hi« wrist was sprained and he was badly beaten before his assailants <^oul<l be driven off. During th^ last fpw years the injuries have caused him suffering and rendered him unfit for street service; .i Cook intends to leave the city shortly to ppend several months on his father in law's ranch in Sonoma county. It was rumored around police head quarters yesterday that the large num ber of changes expected in the de partment probably would be mad? at the afternoon meeting, but no action toward completing' the "clean sweep" of reorganization was taken. Chief Martin was noncommittal concerning the prospect of changes, intimating, lTOwcvr-r. that the time was not ripe.- I'OI.KKMAV IS EXONERATED ; The board conducted the trial of Policeman J. Mogan. oharg-ed with un oJßlcerlike «^onduct for having smoked during an examination recently given at lhe Mission higrh school for promo tion to the rank of corporal. Mogan \u25a0was represented by Attorney Edward Moran nrn\ evidence was introduced to the fffp<-i that smoking had been per mitted during previous examinations. A recess was taken at the conclusion of the trial and the commission' .in nourued at its conclusion that the charge? had boon dismissed. A communication regarding Mogan is m Tile with tho board to the effect that on the day of the examination cards containing answers to questions were found in a desk' at which he had beon stated and from which he had been moved. The matter was referred to the police board by the civil service rommlßSion. but no formal charges «gajnst Mogan have been tiled and the matter may not be investigated. SAMJOX LICENSE REVOKED The commission revoked the license of a saloon at 1545 Church street con ducted by Albert Adams. It was charged that a robbery recently occurred at the place and several policemen testified that it bore a bad reputation in the neighborhood. The cafe license of Raymond Ix>ose was revoked and several renewals mid permits to reopen were granted. J. Saxsmith made a verbal applica tion to be appointed to train the mem bers of the department in physical «:ul tare. He said that he had a letter from former President Roosevelt which would show that ;he trained him for his African tour and that he was en £Bge4 in similar work at Fort Baker. As another evidence of his ability he *aid that he fought Tommy Ryan 57 rounds. The commissioners advised him to consult with Chief Martin. A communication was read from Mrs. Isaac L. Rice, president of the New York Society for the Suppression of Unnecessary Xoise, asking the co-oper ation of the board In a sane and safe celebration of Independence day, and tb^e secretary was instructed to reply that the board approved of the purpeses of the society. SADDLERY MAKERS END THREE DAY CONCLAVE Banquet Tanners at Farewell Gathering at Palace With the tanners of San Francisco as their guests the members of the Wholesale saddlery association, who have been holding their convention h*re the last three days, gave their an nual banquet at the Palace, hotel laat night. William F. Davis was the toast master and responses were made by Herbert Kullman of Benicia; "W. D. Keyston of San Francisco 'Law rence Jr. of Portland: L. Lichtenberger of Us Angeles; J. J. Wirtner and N. E. Stewart of San Francisco, and others. During the convention various mat .tr.rs of particular interest to the whole sale and the retail trade were discussed. It, was decided to hold the next session In Portland next February. B&jR Officers were elected as follows: : William F. Davis, president; H. J. Warner, vice president; T. W. Arm strong, secretary; John Clark/ treas urer; J. W. Keyston Jr., Louis 'Lichten berger and George Lawrence Jr., execu tive committee. LETT LARGE ESTATE— Oakland. Feb. 10.— Pp- Illiou for I<«t«rrs of «<lniinfsfriiti<)ii on <si«.r« ttt^ of Tbf l«tR S. IVwman.'a' ehne <Jea!rr, : •\u25a0« umllf today l>jr bis tvidon-. Arms I>orman. • Dor-. bu left \u25a0 property rained et fTS.OOO." " Youngest Chorus Girls in Worlds Debut in "The Virginian" as Real Footlight Favorites ARGUE PETITIONS OF OUSTED OFFICIALS Lawyers Wage Legal Battle Over Injunction Proceedings in Sturtevant's Court Arguments on the petitions of the recently ousted members of the old board of health for an injunction re straining the mayor, chief of police and members of the new board from taking charge of the affairs of the department were heard yesterday morning before Judge Sturtevant and submitted to him for decision. Judge Sturtevant intimated that his decision would be given by Saturday or Monday at the latest, as he de clared that -the public interests in volved required that he should act speedily. He gave the attorneys rep resenting each side until tonight to file additional citations of authorities regarding certain contested points, but said that he would make his decision in both this and the board of education cases as soon as possible after receiv ing them. QUESTIO.V OF IXJUXCTIOX Judge Sturtevant's decision will not go to the merits of the contention as to the validity of the claims, of the rival aspirants to hold office, but will only determine the question as to whether the «>lri members of the two boards have ; iiflieient ground of claim to their positions to warrant the issu ing o£ injunctions. Judge Sturtevant expressed it by saying: '•I will not decide the question of title to the places on the boards, but only which of you shall call on the at torney general for permission to in stitute quo warranto proceedings to test, the question of title." Barclay Henley and Arthur Barendt appeared for the plaintiffs, while the members of the newly appointed board of health . and the administration of ficials named with them as co-defend ants were represented by Attorney Frank J. Murphy and Alexander F. O'Grady. BUSINESS OF OFFICE TIED UP The essential point of the argument turned on the question of which set of claimants were in reality the present de facto officers. Henley took the posi tion that former incumbents in every case were entitled to an injunction against the parties claiming title so long as their claim was made in good faith and with color of right. Murphy declared that the question of good faith was essential, but that incumbents had no right to tie up the business of an office by refusing possession to succes sors properly appointed. Judge Sturtevant discussed this phase of the argument at considerable length in an informal way. stating his own views and doubts as to the proper interpretation to be placed on some of the decisions relied upon, and listened attentively to views expressed by Hen ley. Murphy and O'Grady. The argument followed in general trend that made last week at the hear ing of the board of education cases. Much reliance was placed by Henley upon the opinion given by Justice SIOBS while adjudge of the department of the superior court in which Sturte vant is now presiding. Henley quoted Sloss* language in the case of William son against Schmitz. but Murphy and O'Grady argued that the interpretation placed upon It was incorrect and that it was not sustained by other deci sions. McCOLGAN FILES NEW SUIT AGAINST MAGEES Names Wife of One of Defend ants in Complaint A new complaint was filed yesterday in the case in which D. A. McColgan is suing Walter Magee, Inc., William A. Magee and Thomas Magee for the pos session of 4,179 shares of stock in the corporation, said to be worth $40.000.>. . : McColgan bought the stock at a sheriff's sale April 23, 1909, for less than $100. William and Thomas Magee contend that they hold the stock in trust for their . brother Walter under a decree of court.. The new complaint. of McColgan dff fers from that formerly filed in that it names Flora Dean Mage©,' wife of Wal ter Magee, as a codefendant. AGED CAPITALIST AND CLUBMAN PASSES AWAY John Benson Called by Death in Napa County sEj [Special Diipaich to The Call] NAPA, Feb. 10.— John Benson, a well known pioneer and capitalist of San Francisco and Napa county, died today at his country home in this county. He was 81 years of age. He spent the greater part of his life In San Fran cisco, "where he was prominent as a clubman. - Four years ago »he retired to his Napa valley vineyard. He was one of the mo?t successful viticultur ists in this valley. . ORPHEUM CIRCUIT MAY INCLUDE SACRAMENTO Syndicate's Representative Ne gotiates^ fox Theater 1 Site [Special Dispatch to The Call] . • r SACRAM ENTO. F*}i. 10._ The Orphe utn circuit •ofish./tv. houses may be.ex tended to Sacramento: if a' deal which has. been on . foot for. several days. is cons"\»mmated! Representatives' of ; the Orpheum (syndicate rhave been; here ne gotiating for ithe' purchase of J valuable property at" Eighth and L.' streets from George .. W. . Peltier/; but :jib : a greement .reached. Other sites ; havo^beeh off «red." • -• • ::...:., ...-.j -.,... ' \u25a0 - " . ' \u25a0 - \ - - { :.\u25a0\u25a0\u25a0- THE SAN FRANCISCO:: GALL;:: FRIDAY, 11, 1910 Young actors who will make their professional stage debut in "The Virginian." WANT NAMES OF STREETS RESTORED Three Improvement Clubs Peti tion Supervisors to Re peal Ordinances A movement to have all the street names changed in December by the old board of supervisors restored was be gun before the present board yesterday in a blanket petition presented by the Western federation improvement clubs. The clubs: joining under this designation to get back the old names were the Sunset, Oceanside and Park side improvement organizations. The petition read: AYe "\u25a0\u25a0 respectfully petition your board to repeal ordinances No. .728, 988, 989 and 1029, or any other ordinances recently passed, where in the old and former names of streets and avenues in the above named districts and locations of the city and county pi San Francisco were changed to new names. The above request is made for the reasons that the merchants and others doing business are constant ly confused in. the names, and fur ther it requires the explanation of former names at all times when re ferring to the changes. Ask Report on Regrade The project of cutting down the Hayes street hill between Steiner and Scott streets to. permit the extension of the United Railroads' trolley line westward from Flllmore and Hayes streets, was taken up by the super visors' street committee yesterday, and the city engineer was asked to report upon the scheme. General Manager Black of the com pany was present, and stated the pres ent grades prohibited the use of the trolley. The petitions of the West End betterment club and of the Hayes Val ley improvement club \vere considered, together with the plans prepared showing" the street with the work ac complished. The latter were prepared by the draftsmen in the company's offices. . . . ..- ' The committee asked the board 'of works to"-hold a meeting to determine the damages. to property owners which would be caused by the proposed cut ting down of Rlncon hill. Tweltfe property owners asserted that their holdings would be damaged by the Im provement, but the protests of the Ken tucky street merchants have been with drawn. The total damage likely was estimated to' approximate/ $63,000. \u0084-, The Independent warehouse company was refused a spur track permit, but the committeemen/ will inspect the proposed site in Chestnut street, where the company desired a connection with the belt railroad. The committee "stated that hereafter no spur track permits would be favored unless the tracks en tered the property of the applicant. Chinese Refused Permit "I will not vote to grant a laundry permit to any Chinese if there is a:sin gle protest against it," said Supervisor Minehan at yesterday's fire committee meeting. Won Lin, who had in applica tions for sites in Tehama street "and South Park, and who has been in dustriously turned, down, for many weeks past, accordingly left the cham ber without any license. Gossip of Railwaymen | "\V/ ITO originated the -idea that the \V/ longest way 'round was ... the • shortest way home," asked C. B. Condon, general agent of the Haw ley lines, as he walked into the Trans portation club yesterday. "Something 1 saw the other morn ing as I was going to my office. leads me to believe that some taxlcab driver did it," said Dick Ritchie. . "Stung," said Condon. • . * \u25a0 • - \u25a0 E. H. Shaufler, freight traffic man ager of the Kansas City, Mexico and Orient, is in Los Angeles on his way to this city. J. R. Holcomb, general agent in tliis city, left yesterday to meet Shaufler, . • '-. *.'"- V • At the instance of representatives of several; smaller/- railroads of .the west and. on indorsement of Individual ship pers, \u25a0 Representative Richardson of Alabama, a' member^ of the.house:com mittee on' interstate"' and .foreign com merce, has presented in that committee an amendment to the railroad bill of Representative Townserid, Vvhich ;ls the administration measure, providing that railroads be required to '; handle freight shipments, over -; any.;' connecting :. line. Under the amendment, the initial;' car-' rier would be obligated to carry a ship ment to, its' 'destination, without unload ing; whether the Initial road had; any exchange arrangement with ; the : con necting line or not- The amendment would operate in favor, of 'many;of the smaller roads that; have no- traffic ar rangements -with trunk*." lines .;; and which Richardson . sayp,. frequently are deprived of- revenue by the larger roads in order ; to; prevent their up building. '* - * .'\u25a0•. * An amendment to the : present law is to be sought ; by the Chicago Associa-; tionof Commerce and,law firms which; make a specialty of interstate; com^: merce ' business.' The;,: object "is to;give shippers the rights; to appeal- from ..de cisions -of 'the- commission ; and" to. ap-_ pear 'before . the"'' proposed Interstate commerce court when orders of- the commission^ which ;are .favorable to ; the shippers'; are under- consideration.: '/':,.:,"' .' * : .c *','\u25a0 "*" * \u25a0--\u25a0'\u25a0"\u25a0 \u25a0 \u25a0\u25a0\u25a0' ,3. Costello. " soliciting agent of' the Northern, Pacifi c: in Cincinnati, has been promoted i^to I travel in g I passenger; agent a t ''Atlanta*; in * place"' of i.T. ; J. Gartner.l transferred to i Cincinnati. .V -\u25a0 ;\u25a0--•.."'; .- '. ' • '.":"' f - • • \u25a0-, ' '- * "'" -'.'". ' \u25a0-' -\u25a0\u25a0 \u25a0 "Milliners,; responsible Jf or; the. mush- room"; hats * are : . not happy, '.for \u25a0t he ex press * compani es :. have t given , t h o l bus) ness ii a"; fatal r sla p ,,; i n :; the \u25a0 ! face ;'•- h iy 4 : so 'steadily "advancing Hhelr 'rates^on this PARK BOARD MAY REMOVE CURATOR Man Formerly Known as Miguel Poladad Schieppa Pietra Is Mentioned for Place Although the seal of approval has been placed by Mayor McCarthy and the administration powers upon the head of Superintendent John McLaren of Golden Gate park, it is rumored that the new board of park commissioners will not deal so kindly with all the employes of the department and that among the first who will feel the blade of the ax' will be Dr. Albert E. Gray, curator of the park museum.- No move has yet been made toward effecting the changes, but hints that many are to go have been Insistent and stand undenied by either the mayor or any member of the park board. Doctor Gray is said to be slated for removal for one reason at least, as the result of the circumstance of his relationship to J. II. Skinner, assistant cashier of the First national bank, of which Rudolph Spreckels is president. Doctor Gray is the stepfather of Skinner, and the latter's business con nection with Rudolph Spreckels is not looked upon with favor by the powers of the administration. Apart from this. Doctor Gray is not looked upon as a strong administration supporter, having received his appointment to the cura torslrtp in June, 1908, at the hands of the Taylor administration. \u25a0 Doctor Gray is not without influential friends at court, however, and efforts have already^been made in his behalf to prevent the threatened removal. How successful these have been or may be will not be known until the^park board actively puts into execution the reorganization policy of the adminis tration, for the rule that governs, from the mayor's office down is for removals and appointments to be made without warning. This policy of secrecy has been maintained by the park board con cerning all Its intentions. The man spoke^of, however, as' Do ctor Gray's probable successor in the event of his removal is Michael Peter Scott, formerly known as Miguel Po ladad Schieppa Pietra and former busi ness agent of the cooks' and waiters' union. Scott, as he then called himself, was one of the principal witnesses for the defense in the extortion trial of former Mayor Eugene Schmitz, In which he testified concerning a plan between the mayor and the waiters' union to put several nonunion restaurants, out of business. v T)uring his cross examination in the Schmitz trial Scott's true name, was brought out by the attorneys for the prosecution and caused not a little sug gestive comment by his examiners. He later had his name. changed to Scott by order of the court, stating that his true name did not lend itself to English usage and that he hud called himself Scott for more than 20 years. Scott was connected for some time with the building department of the board of public works. MURDERER IS HANGED— Allentown. Pa.. I>b. 10.— George M. Sebaefer was banced iv tbe .county jail bere today for, the murder of an Itinerant jewelry salesman of Philadelphia in November. 100S, Sehaeter ent up the body and buried it. :~C kind "of freight that they are twice what they were in 1906. and complaint has. been made to the interstate com mission. .Th<ymatter ; is, therefore/ now under, investigation. The executive of \u25a0 one of the companies says: - . "When we first, began making: rates on women's hats the hats were small, neat,'- compact affairs, that looked ;ilke a pat of butter and \ were fastened Ito the wearer's head with a bit of string. We charged by the --pound at that time. - Since then the hats ; have been growing steadily 'in width, length, height and the fourth dimension, but they haven't grown an ounce in weight. "Why five years ago 'you: could get from 600 to 3,ooo. women's hats into an ordinary express car. Now you have to, take the double doors out to get one in." ' \u25a0 \u25a0 . • * j* • . ' The new railroad clubhouse at Glenns Ferry, Idaho, on the line of the Oregon Short Line, has been opened. -\u25a0....\u25a0 - • •_\u0084.. • . ..... Daily railway; mail service has been established on the; Chicago, Milwauke andrPuget Sound between AMssoula, ; Mont.;, and- F^llenaburg. . -.:' '\u25a0-' '\u25a0 '\u25a0' ; \u25a0-\u25a0\u25a0-\u25a0 • ..••\u25a0• " 1). ;I'V Crawford, general superintend ent of motive power, Pennsylvania lines" west, and H. A.' Jagard, 'superintendent of the Elmira and Canandaigua divi sion of the Northern Central, will rep resent the- Pennsylvania: system at. the •International railway conference, 'which meets in Berne, Switzerland, 'in July. •/ "\u25a0'• : ~*,*<-< \u25a0 *,<\u25a0\u25a0-' -The; contract foV buildlng;so; miles of the, Victoria, Vancouver] and Eastern, »aj subsidiary of the Great Northern, be tween Mottsford- and Hope has \been awarded. / - - "• . , \u25a0 \u25a0 \u25a0 '-- \u25a0 .- ' ; • :\u25a0\u25a0 \u25a0,*-' ' *\. : - ~\u25a0" •.. .-• ' : It is expected that: the Bovill branch of the Chicago,. Milwaukee?ahd'P g uget .Sound, .which Js to run 'between' St. Marie and j Bovill, ; Idaho, , will ; be , opened : for traffic* early '. in "the spring.. H.-M.. Andrews has been appointed an assistant general solicitor < of the lErie at ;• 50 .". Church street,"- New : York iicity, vice John . TV. Dixon, -resigned,,- to 'ac cept, service; with "another^ company. \u25a0 .. \u25a0\u25a0\u25a0't.W^v \u25a0>-•'• .'\u25a0"• •. . •: \u25a0../\u25a0..•• ; /v ; .- .\u25a0:•\u25a0. tt-lY- P'att./gencrdr. superintendent of the southern district 'of the' Southern' Paeitlc, said, yesterday^- that "i theZcom-' ; panyj intended to'doubleHrack^its;road ;h^twopn*Bakersfleld: and* Mojaye/- Work; is; to -be commenced' at ; once;oni putting in a blocks signal system^ between" Fres^ no^a.nd* Bakorsficld.^' : ," \u25a0 \u0084:D.',l-$. iSchenck. Sou tlifrn. Pacific. agent ;it fCovina; i s hi the city "for", a .few' days.". : ."\u25a0' - " .-.•.- : a: ;\u25a0;• i^- : \u25a0:'; "\u25a0"}-'\u25a0\u25a0:. "-.:'-"\u25a0\u25a0': BREAKING LADDER INJURES FIREMEN Two vMen Badly Hurt When Fighting Blaze in Stor= age House Captain William Kenealey and Lieu tenant George Bury of engine 14 were injured at a fire at' Golden Gate avenue and Gough street yesterday by the col lapse of an extension ladder. Bury suf fered a broken leg and Kenealey was severely bruised. The two firemen fel: from the ladder, which had been placed against the storage house of '. Charles Levy, at 785 Golden Gate avenue, in the basement of which the fire started. Kenealey was picked up unconscious. Both men were taken to the central emergency hospi tal. Kenealey was able to go to his home after his wounds were dressed, but Bury was removed to the St. Wini fred sanatorium. The fire started in the rear of Levy's basement and creptalong the wallun til It burned, up into. the first floor through a stairway. It was presum ably caused by defective wiring. . The damage was slight. WOMAN TAKEN FROM COURT TO HOSPITAL Collapses Under Strain of Cross Examination Collapsing under the strain of cross examination in her suit for divorce in Judge Graham's court. Mrs. Nellie Lov ett, who is" seeking separation from T. F. I.ovett. • was taken to the" central emergency hospital yesterday after noon, where it was found she was suf fering from valvular disease of the heart. . : Mrs. Liovett charges that her husband \u25a0kept her and her children without money and that when he was sued for divorce he transferred to his brother realty worth $1,000. " Divorces were granted yesterday as follows; s ... \u25a0..;'\u25a0 - - By Judge Cabuniss — Lonore Herbert from John S. Herbert, willful neglect. By Judge Mogan — Alice sL. Corey from George W. Corey, desertion. By Judge Seawell — Hermance Biney from Albert- Biney, willful neglect; Mary F, Liloyd from Benjamin F.Lloyd, desertion. By Judge Van Nostrand — Edna H. Roberts -Irom George F. . Roberts, cru elty. .:. Suits for divorce were filed yesterday by: .Elizabeth F. Wood against Francis Wood, willful neglect. Zella Hunt against Edward D. Hunt, willful neglect. Inez E. Elsworth against William B. Elsworth. willful neglect. .'Jakob P'ischel against Mary Flschel cruelty. Olga M. Byrne against Phillip J. Byrne, cruelty. - V .V :W.T. Johnson against Florence John son, desertion. CHARGES THREE WITH MINING DEAL FRAUD Marr Who Parted With Money Sues for Recovery .Charging that he was cheated and defrauded in a mining , deal J. W. Schmitz. began suit yesterday against W. W. Byrne. W. H. Smith and J. A. Wall for; the; recovery of $4,000. In Apri1, .1903, the defendants are al leged to ;have : represented to Schmitz that Byrne had an option for $25,000 on valuable mining property at Wonder, New- '".... -\u25a0"\u25a0 . .\u25a0 \u25a0 = Upon these representations Schmitz "was. induced to subscribe $4,000 for the purchase of the claims. He now charges that in truth the properties wers of little value and 'that the option was for only $3,000, and. not $25,000. The three defendants conspired together to cheat him, the plaintiff alleges. WOMAN WILL LECTURE ON CHRISTIAN SCIENCE Miss Mary Brooking, C. S. 8., will give a lecture on Christian Science at the First Church of " Christ, Scientist, corner Scott and>\ Sacramento streets, Sunday afternoon, February -.13," at; 3 o'clock and Monday- evening, February 14, at: B o'clock. .First Church of ..Christ/ Scientist, in this .city; will hold a service in com-, merrioration : of^ the -birth of Abraham Lincoln; Saturday evening at 8 o'clock in' Christian Science hall. - The; public "is invited to the lecture and ;the-Lincoln services. ; CRITICISM OF A "FAT" STORY A We ; were criticised for " telling "fat people'- to -i vtender'' seventy-five - cents to their druggists for; a large case of f Marmola Tablets.' Several - wrote in: sayin&i the user of .the i word ,I'tender". was; incorrect,". that "tender" insuch a' connection praised . tho i impression the druggist; might." refuse - seventy-flve cents ; as - Insufficient;--"'".: -. ' \A :.<Now,':'tisn*t>.that ;odd? ,A- few/weeks ago ; seventy-five *cents> was ; "tendered" to a Broadway- druggist and he did re- fusetHt-Y, That -Ms," -iheii said' he-fhad-mo" Marmola Tablets, whereas *he did have seven cases. But'. the- wholesale. house was closed,™ It \u25a0 being on a Saturday,'; and he • had "vtoiprevarlcatevi to protect his regularicustomers. who .absorbed* those seven; cases later-inithefday.-y- ;*v.Thls '\u25a0• elegant " pharmaceutical ' adapts.-"- tioniof that 3> famous, fashionable - fat reducer-,' the Marmola' Prescription (viz.-" i ,^-f oz.; Marmola, J % oz. 4 Fl. t Ex. Cascara 'Aromatic. -3%i" oz.; Peppermint * Water)' is certainly^ -having^ a .: remarkable vogue.lr Millions: of cases of \u25a0; tablets ; are 'sold and-athfjir.if fame i grows/; ThisT is r; because if of,- their harmlessness i (guaranteed £by > the : Mar- :mola"-C0.?«248n Farmer 5 Bldg.,>; Detroit."! Mich.);-jandssure>;abillty.tto>r«moveno jto 1« -ounces ;of .J fat **(nott; flesh) ,;a-s day "without r»ncpnveniencevJbotJver/vnee,d-f or exercising ;-;or- '•> interference--* with. > the talcex'sJaDnetltc ifor-lsroods tliinsrsu >;.;>» - r v,\ TINY ACTORS ARE CHOSEN FOR PARTS Seven Babies Selected for Hu» morous Scene in "The Virginian^ Many people think they , have seen the oldest chorus girls in the world, but here* in San -Francisco are «to be found the youngest. Professionals they are, too — not an; amateur among them. Contracts have = been signed whereby they earn' $5 a week for: their, proud mothers. Seven performers only are in this very youngest croup and two of them are '\u25a0boys, but they/ were selected with greatest care from among a horde of applicants -who came auite, happily in their- mothers" arms . ; yesterday, brought' from' their earlx naps by their stage' aspirations. From. 3 to 8 months are those babies who are to appear next week as the causes of all the trouble created by "The Virginian" and Honey Wlggin when they mix the little families At the Judge's dance' and bring wild eyed parents back from their homes across the plains to: reclaim their own. BABY PARTY AT SAVOY •A three, line advertisement caused a baby party at the Savoy theater yes terday morning between 10 .and 12 o'clock, ; but 26 were there on time. Rosy plump babies they were; blonde, brunette and even a few "redheads," but all clean and kissable. "The Virginian's" advance agent'said he was astonished at the type of chil dren who came in response to his ad vertisement and one knew it was not mere press notice comment. In some cities poor little ragged, dirty., under fed-infants are brought him, but here every one betokened at least a suffi cient propriety for cleanliness and whole little garments. It seemed rather of the nature of a lark to. the mothers, who giggled cheer fully as they came in with their little "supes,"" and looked dismally disap pointed when told the places were all filled. Some of them had long passed the' age : limit, which was carefully prescribed, and one woman even brought a sturdy little lad who came in walking alone. "It's babies we want," said the agent. "Well, he's my baby," said the mother, in a hurt way, "and' I thought you might lilce a little variety." MAKE FIRST APPEARANCE Sunday afternoon the "first appear ance on any stage" will take place, the mothers sitting in the wings and iiandlng them over to the actors when the cue Is given. No one will care if they cry — except perhaps a -sympathetic mother — for it will an give realism and dispel the idea that dummy babies are in use. Th« tiny performers will be headed by Miss Helen ' Raphael, daughter of Mrs. R. Raphael of 161 Octavla street, who is 7 months old. with a wealth of soft brown hair and an extravagance of black eyelashes. With her will be placed her little across the hall neighbor, with big blue eyes, who is two months younger and lives with her mother, Mrs. J. R. Sullivan, at the same address. The two boys are Jack Dolan, who came with his mother, Mrs. F. Dolan of 43 Wolf street, and Robert Merrlck, son of the A. P. Merricks of 106 Haight street. Mrs. J. C. Brent of 312 Octavia street brought small daughter Dorothy; Mrs. G. Hall of. 4605 Eighteenth street con tributed Hazel, a pink mite, and Mrs. H. Martini of 17^ Ohio street will chaperon her daughter Josephine. TRIO HELD FOR TRIAL ON MURDER CHARGES Police Judge Conlan yesterday held Michael Klrby for trial before the su perior court on a charge of murder for shooting and. killing his brother Pat rick in Judge Dunne's courtroom Jan uary 18. Emariuel Grimaldi was held for trial on a charge of murder for fatally stab bing Pasquale Plagentini in Montgom ery avenue the night of October 6. James Xickols was held for trial by Judge Weller for shooting and killing James Serris during a fight in a saloon in Mission street near Fourth Christ mas eve. Samuel Morehead was held on a charge of grand larceny for stealing a gold watch valued at $50 from John Christian at Alabama. and Twenty-sec ond streets February 2 and Joseph L. Gilligan, a former convict, was held for passing a fictitious check on A. W. Fink Jr. of the California market. fIRE LOSS IS $400,000— Lancaster. Pit., Fob. 10. A fire which threatened the business center of Lancaster 'today caused damage, estimated at $400,000. . ,_->.: A LINIMENT FOR EXTERN AIAJSE. ?^pBp4i One of the most valuable qualities of Mother s , xyh&P «In Friend is that it safe-guards the future health of the p^^JvL^^ mother. It is a liniment to be applied externally to <k^*~" the body, the use of which lubricates the muscles and tendons, softens the glands and ducts, prevents lumps forming in the breasts, and relieves the pain, nervousness, nausea, and other troubles from which so many expectant mothers suffer. Where Mother's Friend is used regularly it fits, and prepares the system for an easy and natural consummation of the term. Women who massage with this great^ liniment are always saved much suffering when baby comes, and recover more quickly, and without ill effects. Mother's Friend is sold at drug stores. Write for our free book containing valuable information for expectant mothers. THE BRADFIEID GO., ATLANTA, GA, TILLER OF SOIL SLEEPS' AS THOUGH CHLOROFORMED L. T.v Cooper, the youn^ man .who has created such a sensation through- out tho United; States with his new theory regardlnK the human stomach, gave an Interesting: "interview during hisrecent visit In ' New York. . Cooper.twho believe* that 90 per cent of all 111-healthls due to stomach trou- ble, had this to say: ;•" . ."About- three out J of five 'people 'who come to ask; about my medicine say, .'My nerves are ; all unstrung.' or ;i am very nervous.*, or 'I'am'on the verge of nervous prostration.' All this nervous trouble: is due to just one thing— lm- perfect digestion. • '~.-; -\u25a0 '[•Did you ever hear of a farmer with nervous prostration? I never, did. The farmer gets up earl j*- v Out he goes into the: freshValr' to; put -in -a- day's work that'iwonld flay-most; people, up for, a weekly At noon th«;dlnner'horn blows. Ho has worked ;hl« body so hard; that his~:stomat:h .is just ."shouting, for^ food, 5 and you;cah"betit gets :it.-.;: it.-. ; The amount of corned beef,' \u25a0; cabbage, : potatoes, bread... pie. 1 milk, etc., : that he;; puts away via ;ar^ight : to ,see. Back>he ? goes to" the 'fields.^ 'More hard v work -in' the TELEPHONE TRUST IS UNDER FIRE Minority Stock Holders Confi» dent They Have Exposed Stifling of Competition NEW^TORK. Feb. 10. — Counsel tot the minority stock holders in the Ohio and Indiana independent telephone companies, control of which was recent ly sold to interests yet to be officially identified, said tonight in the hearing held here that they were satisfied they had already proved the control has passed to the American telephone and telegraph company. • Before leaving for Cleveland tonight j H. B. McGraw, an attorney for the mi nority stock holders, who art: plaintiffs in the action, said: "Through Vice President Hall and \V. H. Remlck. the banker who negotiated the deal, we have already established that the American telephone and tele graph company loaned to Remick's firm (R. L. Day & Co.) without security "$7,280,000 to buy the controlling share* in the independent companies of Ohio and Indiana. They admit that the American company wanted the com panies and provided the money to mako the purchase. They £dmit that the con tracts, not only between the American company and Remlck's firm, but be tween Remlck and F. W. Goff ami James S. Brailey Jr.. who had the shares of stock to sell. wer« drawn iv the American company's offices and th«t Remick was acting for the American company. "Furthermore we have shown that the American company asked J. P. Morgan & Co. to form a holding com pany for these Ohio and Indiana com panies and that when Morgan & Co. took the holdings over the American company released Remick from the op tion, so that tha transfer could be made to Morgan's firm." SPOOKS RUN AFOUL OF THE REAL LAW One Sentenced for Disturbing Peace of Aged Jeweler The troubles of A. J. Baton, an apect jeweler at 533 Shrader street, and his young wife, which were aired in the police court some months ago through. alleged "spooks" playing rantasfn: tricks in the bouse, were revamped in Police Judge Shortall's court yester day. William Eichler, plumber, 160 Falcon avenue, former husband of Mrs. Eaton, and Edward Murphy, alias McQuaidf, were charged with disturbing the peace. Eichler was convicted and will be sentenced today, but Murphy failed to appear and his bail was declared forfeited. , Mrs. Eaton insinuated that Eichler and Murphy or other enemies had been entering their home and tearing up her hats and clothing and hiding then silver ware. EAGLESON LEFT ESTATE VALUED AT $132,877 Had Money, on Deposit in Twenty-one Banks ' The inventory of the estate of John G. Eagleson of the Easleson-Hawkin3 company, shirt makers, who died May 4, 1909, was filed with the county cleric yesterday, showing that ho left an es tate worth $132,377. Of this total, $72,000 is represented by cash in bank. Eagleson had de posits in 21 banks in San Francisco. Los Angeles and New York, ranging from a few. hundred dollars up to $12.«00. There are a number of promissory notes included in the assets of the es tate, among them bemg one for $5.00u from William F. Humphrey, the lawyer; one for $2,000 from T. C. Havens, one for $1,300 from R. J. McGahie, and one for $5,000 from Walter H. Linnert. The rest of the estate consists of realty, and stock and bonds. CLAIM AGAINST UNITED RAILROADS COMPROMISED Judge Graham yesterday confirmed a compromise entered into between A. M. Jordon, as guardian of Archelaus P. Jordan Jr.. and the United Railroads for injuries sustained by Archelaua Jordan January IS. The boy was seri ously injured in the collision between two cable cars in Castro street. His guardian has accepted $2,300, and no action for damages will be instituted. fresh air and sunshine. Home at night, with the same enormous appetite. - A big supper, and then he sleeps as though chloroformed. No restless toss- ing all night. Any nervous prostration for him? Well. I guess not. H» doesn't feel : dull and languid all day. He doesn't. have a coated tonsrue and a bad taste in his mouth. -He's, living the life that nature intended him to live, and his ; digestion is perfect. That's the secret — his digestion Is perfect. Whenever a man Is digesting his food he' 3 a well man. But until the digestive "organs are in perfect condition good health Is absolutely, impossible. "A tired, overworked stomach, pro- duced by years of little outdoor exer- - else and too much hastily eaten food, can . cause ;an endles3 amount of ail- ments. . among them beins liver '-. com- plaint, kidney; trouble, nervous break- down, blood troubles and even rheunia-.^ -The record made by the Cooper" medi- cines 13 . astonishing"." v "We will take pleasure In. discussing it with' anyone who, wishes to. know, about them. — Owl Driis i Company." .