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." .