VOLUME CVIIL— NO. 126.
REAL CAMPAIGN
OF G. O. P. BEGINS
HERE TOMORROW
Johnson's Fight for Majority in
San Francisco Will Be
Hot One
City's Vote Regarded as Very
. Important Factor in the
Party's Program
GEORGE A. VAN SMITH
The campaign for a San Francisco
majority for Hiram? TV. Johnson and
the entire republican ticket will be
on in earnest tomorrow. Tb« la*t pre
liminary trill be disposed of tonight
by Chairman Ralph L. Hathorn and
hie organization committee. The bar
rier will be sprung tomorrow on a
united and organized republican party
fightingr for Its ticket from top to
bottom.
The managers of the frght for the
flrst republican ticket nominated di
rectly by the people of California real
ize, as ail students of applied politics
realize, that because of sentimental
rather than vitally practical consid
erations San Francisco is the real
hattleground in the campaign of 1910.
That the vote of San Francisco will
riot decide who shall be governor Is
freely admitted. That the vote of San
Francisco will be an important factor
in partisan organization and in the
work of the next legislature is not
open to question.
MICH AT STAKE
A sweeping republican victory in
San Francisco, not alone for Hiram W.
Johnson and his associates on the state
ticket, but also for the legislative and
local tickets, means more to the new
republicanism of California than the
mere election of a few . individuals.
Democratic gains in a few legislative
districts in San Francisco would mean
much more to the state as a whole
than the mere reduction of the top
heavy republican majority in the sen
ate and assembly.
The rank and file republicans, ap
pear to be quite as keenly alive to the
situation as are the party managers.
The republicans of San Francisco from
campaign heads down to tho6e whose
sole political activity consists of vot
ing on general election days want San
Francisco for Johnson and the entire
republican ticket. For the first time
in many years the directors of the
< ampaigrn and t!:e voters appear to be
working together honestly.
I'ItIMAUV A HARMO.MZEit
T!:<? direct primary election law has
accomplished in San Francisco the
seeming impossible. It has given the
republicans generally and the repub
lican party managers a common ground
and a common purpose. Inspired re
ports to the contrary, impartial, pains
taking investigation will disclose a re
publican harmony the like of which
San- Francisco has not known in many
years. The conflicting ambitions of a
few v.-ould be leaders may be magni
fied into alleged internecine strife for
the gratification of an occasional sore
head, but the fact remains that there
is today jess republican dissension in
ban Francisco than at any time in the
memory of some of the oldest poli
ticians.
Thanks to the square methods em
ployed by the organization commit-,
tee. headed by Ralph L. Hathorn. the
tally auoai independent candidates and
the "knife" for one ur another repub
lican nominee has been silenced. Re
publicans v.iio have been bitterly op
posed for years are working together
in Ujfir respective districts or in the
<ity at larsre to roil up majorities for
the republican nominees. For the
first linie in years the party organiza
tion lias no knife concealed for one or
snore of the men on the republican
ticket.
Omi.YMZATIOX FItICTIOXLESS
Tiie organization committee charged
with the preparation and direction of
the San Francisco campaign has
worked carefully but vigorously. The
ret result is the organization of 18 as
sembly districts with a single instance
of friction. An attempt to conciliate
leaders in the big thirty-third assem
bjy district was a success, as it related
to the leaders. The voters of the dis
trict, with scant respect for the desires
of the leaders, threw down the pro
gram and organized a club as they
pleased. The question of club recogni
tion in the thirty-third district is the
only dispute up to the organization
committee. That question will be de
termined tonight and with its deter
mination the San Francisco campaign
ivill be on.
Two big district mass meetings will
be held under the auspices of the re
publican county committee this week.
The first will be held at the South San
Francisco opera house on Thursday
night. The speakers will be Congress
man E. A. Hayes. A. J. Wallace, candi
date for lientenant governor; Lee C.
Gates of Los Angeles and Colonel
Francis V. Keesling, the San. Francisco
attorney, wno ran Wallace an uncom
fortably close second for the nomina
tion for lieutenant governor.
Friday night a mass meeting will be
held at StHmke hall. Octavia and Union
etreets, which will go farther than mere
protestations toward proving that the
republican party Is united. The speak
ers at that meeting will be Congress
man Julius Kahn and Wallace, Gates
and K>es!ing. Charles O'Connor will
preside.
DEMOCRATIC CAMPAIGN
WILL BE GIVEN IMPETUS
Costello and Henley to Speak at
Bell-Spellacy Rally
The democratic campaign In Alameda
county will be given impetus tonight
at a mass meeting at Maple hail. Four
teenth and Webster streets, Oakland.
The meeting will be held under the
auspices of the Bell-Spellacy club..
Stephen V. Costello and Barclay
Henley will be the principal speakers.
The Bell-Spellacy. club of Oakland, Is
the . democratic central campaign or
ganization in Alameda county. Henry
O. McPike is president and D. D. SaJes
secretary of the central club. Branches
have been perfected or are about to be
completed in Berkeley, Alameda, San
Leandro. Hay ward and other towns. •
The democratic state central commit-
' \u25a0 tee announced additional plans for its
campaign speakers yesterday. Isador
Dockweiler, the Los Angeles orator,
and Mattison Jones are to be added to
the flying squadron assigned to north
ern California. Prof. Thomas H. Kirk,
candidate for superintendent of public
instruction, is to join the northern
contingent, and Frank E. Herring of
South Benfl, Ind..' will leave, the Bell
party at Merced tomorrow night. Her
ring, with Spellacy, James Pemberton.
candidate for attorney general, and
•Barclay Henley. . will speak at a' big
San Rafael rally Thursday night, and
Herring, it is announced, will remain
northern California.
Moral Wave Sweeps Board
Swamps Slot Machine Bill
Police Committee of Supervisors Reports
Unfavorably on Ordinance, .
The great moral wave has struck
the board of supervisors. The slot ma
chine permit ordinance was killed yes
terday. I>one to death in the house of
itji friends by an adverse report brought
in by the police committee, it was-sol
emnly interred by the action; of every
one of the board. The clot machine
ordinance is dead.
"The c*wnmitte« Is and alirar" vrlll be
unalterably* opposed to any-thin* that
will tend to lower fn the nlltehtemt de
srrf the moral standing- of the com
munity or to pla«e before % the youth
of the city anything that would en
courage the gambling; tipiiit, Inculcate
Immoral habits or permit anything;
that would prey upon the weaker mem
ber* of tlie community."
. So read the report of Supervisors
Herget, Deasy and Knowles.
The committee went on to say that
It personally favored "regulation" and
not "prohibition" of slot machines, but
acknowledged the community was the
other way, and it pronounced in favor
of rejecting the petitions for. the slot
machines' return.
u.v.oriMors verdict
The IB supervisors present voted
"Aye" to this sentiment upon Herget's
call for the roll, and the slot-machines'
are gone beyond present resurrection.
The report of the committee follows:
The matter of the enactment of
an ordinance permitting the use of
slot machines has been before the
police committee of the board of
supervisors for many months. Mer
chants, bankers, cigar dealers and
businessmen of all sections of the
city have petitioned the board from
time to time for the passage of an
ordinance that would permit the
use of slot machines as "trade
stimulators." and your committee
held several meetings In the mat
ter and has heard fully and with
a great deal of consideration the
arguments of those favoring the
machines and those protesting
against them.
Previous to the close of the last
administration, the slot machine
was prohibited by ordinance and a :
large source of revenue, amounting
to approximately $200,000 a year In
license taxes was thereby de
stroyed, so that when the present
board of supervisors came into of
fice it faced a constantly increas
ing list of budget expenditures
and a greatly diminished source of
revenue with which to meet them.
This in some way or other had to
be made up if the administration
of the city's affairs was to be -car
ried on efficiently and with proper
result to the tax payers.
moral committee:
It was with the hope of restor
ing, in some measure at least, this
revenue that the police committee
was inclined-to look with favor on
the return of the slot machines, but
BROWN GOES SOUTH
TO BOOST FAIR
Head of Publicity Committee
Working Up Interest in
Post Card Week
Frank ll Brown, chairman of the
Exploitation and Publicity committee
for the Panama-Pacific international
exposition, will arrive this morning at
Los Angeles, where he has gone in the
interests of Postcard week, boosting
pictures of San Francisco. These are
photographs taken "before and after"
the fire, and a flashlight of the meet
ing in the Merchants' exchange when
14,900,000 was raised. X- Ji
School Children's day has been
changed to Tuesday, October 11, in
order that it may not conflict with
San Francisco "Women's Postcard day.
Several changes and additions hav
ing been made in the executive com
mittee ' for ' Women's day, the commit
tee now stands:
Mrs. Lovell White .Mr*. Henry Payot
chairman Mrs. Dent Robert
Dr. Mariana Bertola Mrs. F. O. Sanborn
Mrs. G. Cameron Baroness ron Schroeder
Mm. L. L. Dunbar Mrs. Lawrence I. Scott
Mrs. C. E. Grunsky . Mrs. Henry T. Scott
Mrs. I. Lowenberp Sirs. Leon Sloss
Mrs. Eleanor Martin Mrs. I. N. Walter
Mrs. Peter Martin Mrs. John P. Young
Mrs. John F. Merrill Miss Maud Younger
Mrs. J. Metcalfe
In the apportionment of the city by
Mrs. Henry Payot and Mrs. J. Metcalfi
who. constitute the committee on dis
tricts for the Women's Postcard day,
many district captains were not ap
pointed. This was done purposely In
order* that good assignments might be
left for presidents or delegates, of or
ganizations not present last Friday at
the chamber of commerce,. It is ex
pected that many additional clubs will
be represented at the second meeting,
which will be held tomorrow at 9:30
a, m. in the assembly room of the cham
ber of commerce, 1337 Merchants' Ex
change building. \u25a0
,: Since California, and not San Fran
cisco alone, is waging the effective and
winning fight for the Panama-Pacific
exposition in 1916. Jt has been deter
mined, after a "consultation of business
men representing all pections of the
state of California, that there shall be
organized In. 31 California cities aux
iliary or subordinate committees to
take charge of all exposition business
arising within their jurisdiction.
In order that the organization might
not be made too unwieldy, it was de
termined that committees should -be
appointed only where population or lo
cation made Jt necessary. At the same
time it, was calculated to leave, no sec
tion of the state unrepresented. Fol
lowing is a list of the cities that will
have committees: .*{*••*
Eureka. Eed Bluff. Reddlnc, Cbico, OrovUle
Marjr*vill^ .Woodland. . Colusa. .. Sacramento.
Tru«kee, Graf* \ alley; Stockton, Morced. Fr*«no,
Hauford. Vlsallu. RskerMield. SsnU Barbara
Santa Cruz. Salinas, Watsonville: San Jo*e, Santa
Clara, \entura. I/>s Angeles. Pasadena, RWer
slde. San Diego. San Bernardino, Long Beach
fcau Pedro. ; '
One of the most conservative and
powerful institutions in California—
the San Francisco clearing] house asso
ciation—has given its unqualified ap
proval jo the two amendments through
.which' it is proposed to add $10,000 000
to San Francisco's bid for the Panama-
Pacific international exposition of
1915. The action'of the bankers was
unanimous and the resolutions adopted
were of a character that appeal
to . the average Investor, who, in most
of his .financial transactions, is guided
by the lead of; his financial advisers. \u25a0
Petal u ma to Aid
PETALUMA, . Oct. 3.— The Petaluma
chamber of commerce has agreed to
distribute 10.000 postals to advertise
the Panama-Pacific exposition; The
local committee in charge is -Dr.
Thomas McClay, Frank Atwater and
W. A. Tough. ;.
TH F S >^N P R AN C I SCO CALL
only on the condition that they
could be so regulated by ..'law', as.'
to eliminate all the gambling'fea
tures of the machine and to correct
the other abuses that "grew out of
Its use in previous years. Under
no consideration' would- the police
committee recommend the restora
tion of the slot machines on any
other condition. The. committee
. Is, and always will be, unalterably
opposed to anything that will tend
to lower, in the slightest degree,
the moral standing of the com-,
munity, or to place before the youth
,of the city anything that would en
courage the gambling spirit, in
culcate Immoral habits or, permit
anything: that would prey upon the
weaker members or the community.
The police committee believes'
that the slot machine was a matter \u25a0
, for regulation, and not a matter for
absolute prohibition, and for that
reason thought of submitting to the
board, without recommendation, an
ordinance permitting the use of two
machines at each stand, under
such restrictions as would prohibit
"playback" and other 5 features of
gambling. Slot machines, under
such an ordinance, the committee
believed, could be -permitted with
ample protection to the public. and
be made a source of legitimate rev
enue to the city.
OPPOSITION CONQUERS
It has lately developed, however,
that the general public is not fa
vorable to the restoration of the
slot machines on any condition
whatsoever. Protests have been
filed by organizations representing
all classes of citizens. The Mer-.
chants* association, the Y. M. C. A.,
the Royal Arch, the city front fed
eration, the Downtown association,
numerous other -organizations, and
even some of the cigar dealers
themselves, have placed themselves
on record as emphatically opposed'
to the restoration of the machines.
\u25a0Moreover, persistent rumors of
an attempt to monopolize the man
ufacture of the machines , in the
event of • favorable action by the
board, which, of course,' could not
' be countenanced, has disposed the
committee to change its opinion as
to the advisability of enacting such
an ordinance and to seek other
means for making up the loss of
revenue caused by the abolishment
of the slot machines. With these
considerations in mind your com
mittee therefore recommends that
the petitions on filv> requesting the
restoration of the slot machines be
denied.
In conclusion your committee
wishes to add that It has been sub
jected to considerable abuse in this
matter from anonymous letter
writers and has been frequently
and grossly misrepresented by the
press, but that at all times it, has
been actuated solely by a sincere
desire to do what it. thought best
for the community at large, to re
store in some measure at least the
revenue that was lost to the city
and to afford relief to those men
engaged In the legitimate cigar
business who had suffered by \u25a0 the '
severity of the law. \u0084 . ..
GERMAN SOCIETY
OPENS COMPETITION
Plans Building for Turk and Polk
Corner and Offers Prizes
to Architects
The German House association Is now
holding an architectural competition.
The program calls for a four story
building to occupy a lot 137% feet
square, located at the northwest cor
ner of Turk and Polk streets. The so
ciety has called into consultation
August G. Headman,- who has'been"re
tained as architectural adviser. The
architects invited to submit plans are
Denke, Henry Gellfus & Son, Frederick
H. Meyer, Phillips Schwerdt and Henry
H. Meyer. The three submitting/ the
plans best. suited to the requirements
of the German House association will
enter into a final competition with full
plans,- elevations and sections. These
three will receive prizes of $750, $500
and $300. The competition will be what
is known as the double form.
The program calls for. a cafe (or
rathskeller), bar, bowling alleys and
kitchen, large, banquet hall, subject to
subdivision for smaller occasions, and a
main hall with dance, floor of about
5.000 square feet. This hall also is to be
used for theatrical and concert, pur
poses; parlors, barrooms wardrobes,
reading rooms, club and lodge rooms.
The cost of the structure is to be
5200.000. ; "';• M
The drawings are to be submitted un
signed, and without any distinctive
mark to indicate the author. The Jury
will consist of the building committee
and . the adviser, "their recommenda
tion to be approved by the board of di
rectors, whose decision will be final.
CIVIL SERVICE TESTS
SLATED IN THIS CITY
Lists of Eligibles for Vacancies
to Be Created
The United States civil service com
mission announces that "on February 4.
1911, a third grade or, subclerical ex
amination will-be held, in this city and
at. various other places throughout the
twelfth civil service -district for f the
purpose of creating -lists of eligibles
from .which all -vacancies, in' positions
of watchman, messenger and skilled
laborer in the twelfth civil-service
district in the following branches of,
the service and' offices will he filled:
Cnstoros perrlpe. Internal revpnuP.serTi<re;-snb
treasury ««>rvirp. mint' nnd .nssay Bervicp,' oiiFto
dUn ' pprylro of public. hulldlngß. • immlßration
service, ptenmboat Inspection serrice. -marine and
hospital pervice, Indian -.serTice.'-. lighthouse : ser
vice,- navy yard serrloe. pension "agency,; bureau
of animal Industry offices, weather -bureau of
fice*, engineer department »' at larKe,'- ordnance
department at large, quartermaster, department
at large. • ; ....
Applications and further information
may , be -obtained : from the .local-secre-
tary., board of civil service examiners,
in this city, or from the, secretary of
the 'twelfth, civil service district, also
in this city. , V • .
AVa< sonville -Apple . Annual
October 10th to 15th... Special excur
sion rates and trains "..via - the * Southern
Pacific, from Third and .Townsend
Streets Depot. An 'Apple- Show .where
apples grow. For details' see Agents
Southern - Pacific, -Palace ..*. Hotel,'. Flood
Building. Market Street Ferry: Depot,
Third and Townsend Streets .Depot;
Broadway and 'Thirteenth Street; ' Oa
kland.-: \u25a0;\u25a0 \u25a0 ~ : \ •:\u25a0\u25a0\u25a0\u25a0*•• ;\u25a0'-" "y \u25a0-/-. .;>"•,\u25a0>•\u25a0 \u25a0\u25a0\u25a0-.\u25a0\u25a0"\u25a0\u25a0•* \u25a0.
SENATOR ELECT BtTHrETV-^JacksonTllle, Fla.,
\u25a0 Oct. -3. — The funeral; of Senator*. elect N.*-B.'
. Broward wan held today.;, GoTernoriailcbriet.
accompanied by his oablDet.-afuU.battalioriof
. the N»<ionM puard -and thousands of citizens
accompanied the body to the. cemetery, j . .: \u25a0 -
McCUTCHEN AIRS
WATER RATE VIEWS
Spring Valley Attorney's Con
ception Differs From Farring=
ton's Preliminary Decision
Argues That Income Value of
Property or Worth of Stocks
Can Not Be Considered
Edward J. McCutchen," attorney f or i
the Spring Valley water company, ex-!
plaining, to United States District'
Judge Edward Farrington just where
Judge Farrington's decision in the pre
liminary proceedings of the water rates
case' failed to agree with McCutchen's
conception of the law. . was the most
novel feature yesterday of \u25a0• the final
arguments in the suit which has been
on the federal court calendar since
1903.
. Since that year the Spring Valley
water company has .enjoined the' city
and county of San Francisco from en
forcing the water rates established by
the board of supervisors and succes
sive temporary injunctions have, been
issued every year since then. The tes
timony on the original injunction suit
was concluded in December, 1905, and
since that date briefs and other papers
have been filed by the city attorney's
office and the corporation attorneys,
prolonging the controversy;' until yes
terday, when the final argument on the
application of the company for a per
manent injunction was begun by Mc-
Cutchen. For the first time in> seven
years San Francisco is about to -know
what is the legal water rate.
DIFFERS FROM THE COURT
Judge Farrington, sitting in one jal
the preliminary injunction suits in
1908, delievered an opinion in which he
maintained, among other pointß at is
sue, that the value of the Spring Valley,
company's plant could not be computed
on the basis of the cost to the city of
constructing a municipal plant with
the Tuolumne sources. It was on this
point that McCutchen, reiterating "with
all due respect to the court," main
tained that Judge Farrington's law was
not the law. as McCutchen contemplat
ed it. ,'.; . ;;:V'*r : &
Judge Farrington, who is judge for
the United States district of Nevada,
will render the deciding opinion on the
case, based on the evidence which was
taken before Master in Chancery Hea
cock, on the briefs submitted and on
the argument ,of counsel. McCutchen
held the floor yesterday. He may con
clude his argument today, and he 'will
be followed by Assistant City Attorney
Thomas E. Haven, who conducted the
water litigation during City Attorney
Long's incumbency. J. H. DockwelTer.
water expert for the city, was with
Haven in court yesterday. McCutchen
was flanked by Attorneys Heller and
Powers and Robison. .'
DOESXT CONSIDER INCOME
In his argument McCutchen said yes
terday that in ' adjudicating the value
of the Spring Valley water company's
plant for the purpose of fixing water
rates the income value of the property
could not be considered, neither could
the value of the stock and bonds of the
corporation. He quoted eruditely frotn
a German political economist, who ex
pressed himself in tomes on the sub
ject of the combination theory of:val
ues. The feature of that theory Is;that
a well wedded pair of gloves is worth
more than what the combined value, of
the individual members . of the team
would be if they were divorced. S On
that analogy McCutchen contended that
the combined value of the Spring Val
ley properties was more than the. value
of sum total of the -separate- particles.
He declared that the only rheasure.of
the property value would.be the cost
of reduplicating the system, a method
of which Judge Farrington had dis
approved. - \u25a0 \u25a0 .'\u25a0'\u25a0
In the afternoon McCutchen elaborat
ed on that point and quoted extensively
from the testimony of Engineers Ad
ams and Grunsky to show that It
would cost the city, ti'pward .of $45,
000,000 , to bring 54,000,000 gallons of
water daily into San Francisco from
the Tuolumne district.
EARLY DEMAND FOR
TICKETS FOR BIG SHOW
Advance Sale for Wild West and
c'-t , .Far. East Performances
In anticipation of the large crowds
that will no doubt attend the perform
ances of the Buffalo . Bill's Wild West
and Pawnee Bill's Far East; combined
show's, and to afford greater conven
ience to prospective , purchasers,' the
downtown sales of seats will begin this
morning at The Owl drug company's
store, 778 Market street; \u25a0
Tickets may be purchased for any! of
the 'Wild, West-Far East exhibitions,
which will begin tomorrow afternoon,
promptly at 2 o'clock,' and continue
twice daily for the five days ending
Sunday nighty
It is unusual for the Buffalo Bill-
Pawnee Bill combination to sell its
seats' In advance of the opening per
formance, but so many, requests have
been received by the management from
prominent persons, in San Francisco
that, it was deemed: advisable to depart
from the .established rule in this in
stance.'- - , \u25a0 '
FALL SUITS
\u25a0 * '\u25a0\u25a0'\u25a0•' '\u25a0 * _ _, ' \u25a0«^» 1 im • ' .^Mte W99
S^FEIN-BLOCH
Your Figure and Ours—
Our clothes are made to fit your figure.
Our figure is made to fit your purse—
: " / :. j '". '•. - = \u25a0 '*' ', . \u0084'/] '.'.. •. •\u25a0
rftrvrt \u25a0 d> Ar\ ;\u25a0.'•• ;
You can buy suits for. less money; \-:~ .'
„ You can '.buy suits ' f or , more ; money; "'
• But you can't buy better suits for the same money.
ROBERT S. ATKINS
168 Sutter Street
Near Kearny
SEWER BONDS IN SIX
DISTRICTS STOPPED
Supreme Court Decides That
Bay Sanitary Boards Can Not
Make Improvements
Power Is Vested in Municipali
ties to Which Localities in
Dispute Are Annexed
By a decision of the supreme court
handed down yesterday the issuance of
$355,000 worth ofbonds for sewer im
provements is stopped in six of the bay
county, sanitarydistricts that have "be
come annexed- to a municipality since
bond elections. The case in point that
decided the fate of pending petitions
was that of the East Fruitvale sani
tary district, which by* annexation has
become a part of Oakland.
Other districts which' have been de
nied the right. to proceed with the issu
ance of bonds voted upon by the dis
tricts are:-' Redwood sanitary district,
$36,000 bond issue; Seminary Park san
itary district, $75,000 bond issue; Fitch
burg sanitary district, $75,000 bond is
sue; Elmhurst sanitary district, $75,000
bond issue; • Upper Fruitvale sanitary
district, $60,000.
SETTLES LOXG DISPUTE \u25a0
The decision is of far reaching Im
portance and settles a point that has
long been in dispute. In all the cases
the situation was the same. The dis
trict had voted to bond itself to make
the sewer improvements under the pro
visions of the statutory act*" for the for
mation of sanitary districts. Before the
actual, issuance. of the bonds the dis
trict had voted for annexation with the
municipalities.
The question then involved was
whether the rights of. the sanitary
boards appointed to issue the bonds and
have, the work done were not dissolved
upon' the district becoming a part of
the municipality. The* districts held
that as the election for the improve
ments had been held prior to the an
nexation and under statutory pro\-isions
the issuance of bonds was a valid pro
cedure. \u25a0 ' '
OXE BODY SUFFICIENT
• In the opinion of the supreme court
it is stated that with the effacement of
the district by merger with the munici
pality air the. rights; of the board and
all the work of street improvement be
comes municipal matters and the san
itary board is dissolved. The opinion
holds that to allow another condition to
prevail would be \u25a0 to* have two bodies
exercising governmental functions In
one community. "Such a condition
would produce confusion and conflict."
It is. pointed out that, the Oakland
freeholders' charter covers the dispute
with the proviso that on filing retuVns
on the annexation "that the territory
to be annexed shall be to all intents and
purposes a part of the municipal cor-
DISTRICTS LOSE RIGHTS
All of the cases had been decided in
lower courts in favor of the sanitary
districts. The decision of the supreme
court says that all the rights of a san
itary district are \aken up by the muni
cipality into which the district becomes
merged and that the district Is then
governed by 'the charter of the muni
cipality. •
If the disarlct wishes to proceed
with the construction of its own im
provements, the court pointed out that
this could be done under a later, act
entitled "An act to provide separate
sewer districts within the municipal
ity.".. \u25a0 ,"-» : M , i"
FORTY MEN IN SMALL
SHACK.BREAKS LAW
Trio Convicted of Violating
Cubic Air Ordinance
Thomas Ayers. Stephen Manley and
William G. O'Dell were convicted before
Judge Weller yesterday on a charge of
violating the cubic air ordinance. Pa
trolmen Nolan and Patton, who made
the arrests, testified that they "were
passing a* shack in Sixteenth avenue
between G and H. streets'. when Nolan
declared that -he heard sounds issuing
from the building. Patton declared
that Xolan was mistaken.
To prove his assertion, Nolan heaved
a cobblestone-against the shack, and a
few seconds later men were seen to be
emerging from the doors, windows and
rickety chimneys.
Although only the three men '.were
captured, the policemen declare that
fully 40 men were occupying the
building.
"DR." THOMPSON'S CASE
LEFT TO HIGHER COURT
The case of "Dr." Robert Thompson.
aJiflp-'James Grant, charged with the
murder of. Eva Swan in a complaint
sworn tn by Detective M. V. Burke,
was stricken from the calendar in the
police court yesterday. Judge Conlan
held that' the superior court had taken
cognizance of the 'grand jury indict
ment issued against- Thompson charg
ing him with murder^ and . that this
fact eliminated the case from the lower
courts., . - , ij-iv*;;
TUESDAY, OCTOBER 4. 1910.
GRAHAM SEVERELY
SCORES HUSBAND
Says George Prentice Childers
Should Be Tarred and
Feathered
Margaret Johnson Charges That
Spouse Beat and Jumped
On Her
"A scoundrel of this man's makeup
should be\ tarred and feathered. Since
I -have been "trying divorce cases I
have never heard testimony that dis
closed such reprehensible conduct on
the part of a husband. I invite the
police authorities to investigate this
man Childers. A man who would om>
week after marrying a Rirl of tender
years attempt to sell her into slavery
should-be driven from the city."
This castigation was administered
yesterday by Judge Graham to George
Prentice Childers of the Standard man
ufacturing company In granting Flo
rice M. Childers a divorce on the
ground of cruelty. Mrs. Childers tes
tified that she married the defendant
December 5. 1909. One week later he
told her' that he knew another Rlrl
who was nicer than she and suggested
to his wife that she go out automobile
"riding with a man of his acquaintance.
She indignantly refused to do thin.
Telling- her that he always got "glo
riously drunk" Xew Year's er«. Child
ers stayed out all of New Year's day
and -the night before, the wife stated,
leaving her without food or money.
She was forced to walk to the ferry
and borrow 10 cents from'a policeman
in order to get to her mother's home
at Oakland. Childers. told his wife sTie
was no sport because . she would not
drink wine. Vv. ; ; <••
• Because she used oil to start a" fire
with green and damp wood Mrs. Mar
garet Ellen Johnson was assaulted by
her husband, Thomas J. Johnson, with
his clenched fists, thrown from the
porch of their house to the ground,
after which Johnson Jumped on her.
rendering'her unconscious, she charged
in a divorce complaint filed yesterday.'
Johnson is a farmer at San Gregorio,
San Mateo county, and has an income
of $2,000 a year. His wife asks $100
a month allmonj'. Mrs. Johnson
charges further that the defendant
told her that If she did not leave the
ranch he would tie her up and take
her away: also that he tore her clothes
off and forced her out of the house at 8
o'clock at night.
John WJj Wilson of the Visalia sad
dlery company, was accused in a di
vorce complaint -filed yesterday by
Elizabeth Wilson with having threat
ened to kick her out of bed. which she
was occupying on • the. advice of a
physician. 'If you have an operation
performed I :will break, your
ribs, as I did my first wife," "Wilson is
alleged to have said. He also threat
ened to break her ribs because she was
sweeping the floor at 8 o'clock at
night, the complaint avers.
Divorces were granted ' yesterday a3
follows:
By Jurtsp CabaniFS — Cora A. from Georc» H.
Stroagr. \u25a0 wlfiful neglwt; William I*, from Brrtba
Jack»oo. desertion.
R.y Jndge Van Xostrand — IrTing C. from Ro
slnn Sauter. d»s^rtlon.
Suits, for divorce "were begun by:
Elpanor J. ajralnst E. J. Hill, willfnl npglwt;
I Yosemtte acalnst Xorman E. Thaxton. desertion;
. H«iry • R. against Leonora Pearl William*, de
sertion: Marj- C. against William 1.. Boone. de
sertion; Maud Xolder a*ain»t Olirer P. McFall.
rrnelty: Jesslp A. against Charles C. McDonald,
habitual intemperance.
WOMAN CHARGED WITH
THEFT BY LANDLADY
Hazen Gibson, a prepossessing young
woman of 25, has been arrested and
placed in detinue at the city prison by
Detectives Farrell and Bailey on com
plaint of Mrs. Barrett of 1348 Geary
street, who alleges that the defendant
purloined $4.0 from her while a lodger
at her house.
Bood Pianos of Medium Cost
It is not necessary to be extravagant in the purchase of
your piano. Really, good pianos may be bought on easy pay-
ments at any of our stores at prices that are identically the
same as such instruments would cost on the floors of their
manufacturers. We carry no pianos that are not good enough
to bear our unqualified guarantee : none that will not give last-
ing and satisfactory service in appearance and durability and in
musical quality as well.
No medium 'priced instrument enjoys such an enviable
reputation as
The Ludwig Piano
Made in the .most, modern and perfectly appointed of fac-
tories, equipped with every device for labor-saving and econ-
omy in manufacture, built "by the highest skilled labor only,' the
Ludwig offers more real value in tone, finish, design and per-
manent usefulness than any piano at or near its cost. For more
than;twenty years the Ludwig has been the leading medium
priced piano on the Coast. Our stock of Ludwigs is at all times
complete.
VICTOR TALKING MACHINES
.WILEY B. AT.LEN BUII.DIXG
135-153 Kearny and 217-225 Sutler Stresi
Oakland, Tan Tireirth and 1105 WaMhfngrton
. OTHER STORES-^— lion Ancrel«-«, Sarramento, San Jose, San Dlearat
'Phoenix, Arizona; Reno, Xevada; Portland, Oregon
Now Altogether
LAND THIEVES ARE
DENIED REHEARING
U. S. District Court of Appeals
Decides Against Binger
10 Hermann's Associates
Decision Against Welching In
surance Company Affirmed
by Upper Tribunal
The United States district -court ot
appeals began its October term yes
terday. Thirty decisions were handed
dov.*n. which is the ratH>rd number on
any one day for years. Judge W. C.
Van Fleet, circuit judge for % this
circuit, was upheld in four important
decisions and reversed in but one minor >
The petitions of Willard N. Jones
*nd Franklin P. Mays. indicteV
convicted with Binger Hermann "'for
land frauds in the forest reserve of
Oregon, for a rehearing of their case*
was denied by the court, and they
will now have to serve their prison
sentences.
It was decided that if any buildinK
was destroyed by a fire originally
started by the earthquake of 1908 such
building would be considered to have
been destroyed as the result of tiie
original fire, no matter how many
intervening structures were first de
stroyed by the fire. This decision was
Issued by the court in the case of the
German savings and loan society
against the Commercial Union assur
ance association for the loss of a build
ing next to the subtreasury in Com
mercial street. The. lower court's de
cision was affirmed.
According to a decision handed down
yesterday the Western Union telegraph,
company will have to pay $500 to
Jennie Lawson for falling to deliver
a telegram to her at the Hotel St.
Fmncis, 318 Union street, Seattle, which
she owns, until several days after it
had been received. She was anxious
to sell her hotel for $10,000. but she
needed money and appealed for a loan
of $500 from a friend in West Vir
ginia. He telegraphed January 27 that
he would send her the money. Th«
message was not delivered until Feb
ruary 15. In the meantime she hart
been compelled to sell her hotel for
$6,500.
Other decisions were: Haas Broth
ers vs.' Hamburg-Bremen fire Insur
ance company, reversed; United steam
ship company vs. A. Schilling & O\.
affirmed; Leege & Haskins vs. Ur.uVd
steamship company, affirmed; Warma
nola sugar company vs. Pacific Mail
steamship company, reversed, and Ta,
coma mill company vs. National Bank;
of Commerce, affirmed.
RAPIDITY OF CURE
OF DRUNKENNESS
In Three Days the Patient Is Hfcn-
self Again
For the treatment of periodical and
habitual drunkenness nothing can
equal the Xeal Three-Day Liquor Cure.
•which Is an absolute specific tnr
chronic alcoholism. It makes no dif-
ference how Ions? a man has been
drinking, how much or how little he
drinks, "or what he drinks, the Neal
treatment has never failed to cure in
three days' time. There are no hypo-
dermic Injections used and the m»>ili-
cine Is purely vegetable and harmle«s.
The patient from almost the very first
dose has lost all desire for drink, and
when h© finishes the treatment on th«
third day is thoroughly himself asa't>.
The Neal Institute in San Francisco.
at 1409 Sutter street, has cur^d men
and women who had become alcoholic
wrecks and restored them to their
family-and friends in perfectly normal
and healthfut condition In three days"
time. • -,-'. ?\j -