The San Francisco call. [volume], November 23, 1911, Image 1

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

Image provided by: University of California, Riverside; Riverside, CA

                
PLAIN PEOPLE
Cheer up! Some pictures cost thou
sands! But you can get 35 pictures
free with a Booklovers' Contest cata
logue!
VOLUME OX.-xNO. 176.
JURY SERVICE
ONLY FOR MEN,
DECLARES WEBB
Attorney General Gives In«
formal Opinion on Present
Law of California
Lawyers and Suffrage Leaders
Agree, but Differ as to
Need for Change
Political Right to Vote Disthv
gulshed From the Burden
Placed on Citizens
[Special Dispatch to The Call]
SACRAMENTO. ' Nov. 2 2.—ln a
statement given out here today
Attorney General "Webb says that
<n find nothing in the law
that gives women the right to act as
rs. His statement, he insists, is
not an official opinion, but merely an
expression of his views.
" Jury service is not a political right,"
he said. "It is a duty incident to citi
zenship. It is in the nature of a bur
den which may by law be cast upon
aH or certain citizens. It is a judicial
service, the performance of which is
enjoined by law upon some citizens
and which other citizens are debarred
from performing because they do r»t
possess the qualification which the law
I prescribed for those by whom this
service shall be performed.
Common Law Quoted
"A jury, under the common law, con
sists of '12 free and lawful men,' and
by the custom and court construction
of centuries •men.' in this- ease, means
males. Women, under the common
law, were not eligible to perform jury
duty. Our law did not change or seek
to change the common law rule as to
juries in this particular.
"Under the to.ie the word 'men'
means the same as when used by the
common law.
"Judy service 1s a duty cast l>y law
upon some citizen. Thus far. the law
has not been so framed as to cast that
duty upon all citizens, nor tias that
duty been cast upon all male citizens.
All men are not required or eligible to
perform jury duty. A jury, however,
must be composed of male citizens.
Suffrage a Political Right
"California legislation on this subject
shows that it was not the intent of the
legislature to cast the burden of jury
.'service upon other than male citizens.
It is limited to"~male citizens having
certain qualifications.
"The suffrage amendment deals with
:tlcal rights of"" duties, and with
them alone. I do not understand that
the adoption of this amendment, ex
tending the right of suffrage to women,
has affected the question of eligibility
for jury service.
"I think this question should be con
sidered entirely apart from the suffrage
provision of the constitution recently
adopted."
Differences Regarding Change
Among attorneys and many of the
women who were leaders in the equal
suffrage campaign, Attorney General
Webb's opinion concerning the duty of
women to serve as jurors Is accepted
without question as being a correct
analysis of the law as it stands. As
to whether or not the duty of perform
ing jury service should be extended to
women, however, there is a decided dif
ference of opinion.
Following are some of the opinions
expressed last night:
Attorney A. P. Black — l believe that
until the constitution is amended
-women will not be eligible to serve as
jurors. Of course, the amendment
which allows women to vote would un
doubtedly make them eligible for jury
duty if the' laws were amended to suit
the new condition. /
" Attorney Peter F. Dunne—l do not
think women are eligible to serve on a
jury. ,; A jury is defined by the code »of
laws of this state as a body of men.
When the constitution was adopted the
jury was understood to be; a body of 1
'men. This meaning was inherited from
the old common law. When the legis
lature came to provide for juries it de
fined a jury in the code of this state as
a body of men. I think the attorney
general is right in his opinion. I have
some doubts as to .the necessity vof
changing the constitution, but undoubt
edly it will be necessary to amend the
statutes. I do not see any necessary
connection between the right to vote
and the duty of serving on a jury. . y >
Attorney* Albert Jl.Klliot—l am in
clined to agree with Attorney "General
•Webb ;'s*lle common" law construction
confines juries strictly to men. and I
know of nothing in our statutes that
would' change that. The extension of <
the franchise certainly does not include j
jury duty without qualification.^ On the j
other hand, 1 see no reason why women'
should not serve on juries on an equal
footing with men, and if amendment of j
our codes or statutes is necessary to
provide for this I am heartily in favor
of amending. them. ■••'■
Dr. Ethel Lynn—l think that women
have expected to ,do jury duty and,
while not, anxious for it, were "ready
and willing to do their duty. 1 believe
that they will experience a relief if the
Continued vn Page 2, Column 2
THE San Francisco CALL
Another Tradition
Is Chipped From
Old Plymouth Rock
[Special Dispatch to The Call]
BOSTON. Nov. 22.—John D.
Long, former secretary of the
navy, shattered another time
honored tradition of Old Ply
mouth at the annual dinner of
Mayflower descendants. He de
clared *hat Mary Chilton, con
trary to history and story book,
was not the first person to set
foot on Plymouth Rock, lie
says that the stalwart men from
the Mayflower, who braved the
seas in crossing and embarked in
a shallop to spy out this new
land they had found, went alone
and did not want any women
on such a perilous trip.
SKIPPER KILLS MAN
IN FIGHT FOR LIFE
Capt. J. H. Evans Chokes Peter
Jessen to Death on Schooner
Crossing the Bay
[Special Dispalch to The Call]
OAKLAND, Nov. 22.—1n a battle for]
his life on the d.eck of the little
schooner Rock Island, on the waters of
San Francisco hay last night, John
Hooker Evans, captain of the craft,
killed Peter .lessen, the only member of
his crew, by choking him to death.
No one witnessed their struggle, and
the two fought until Jcssen's efforts
ceased and he fell to the deck with
Bvahs' fingers clutching at his throat.
When Evans arose .Tessen lay quiet and
rigid and the captain of the vessel
realized that his opponent was dead.
Accompanied by his wife, with whom
he lives in a cottage at 1519 Thirty
eighth avenue, Evans walked into the
Oakland police station this afternoon,
told his story in a simple, straightfor
ward manner, and Surrendered himself
to the police. Evans is 63 years old
and for 15 years has been captain of
the little bay schooner. Jessen. who
had been his companion and only helper
on the vessel for about two years, was
single and about 55 years old.
Cause of Battle
According to Evans' story as told to
the police. Jessen became drunk and
quarrelsome before the schooner put
out from San Francisco about 8 o'clock
last night, and "while they were cross
ing the bay Jessen attacked Evans,
threatening to kill him and making in
sulting remarks about his wife.
It was then that the death struggle
began.
Evans sailed from Oakland to San
Francisco yesterday afternoon, left his
vessel at the Howard street wharf and
called at the office of the Union Pacific
Salt works, by which company he is
employed. He was told to take the
schooner to the company's works near
Alvarado. On returning to the vessei
he found Jessen drunk and Evans told
him to go ashore.
Jessen took his bag of belongings
and went ashore, but returned a few
minutes later, saying that he would
cause no more trouble.
Choked Him to Death
The start was made for Alvarado
with Evans at the wheel, while Jessen
w*>nt below. About an hour later he
returned to the deck and, walking up
to Evans, shook his fists at the captain,
threatened to kill him, and then
pounced upon him. Evans dropped the
wheel an.d grappled with his assailant.
Evans finally caught Jessen by the
throat and choked him until he dropped
to the deck dead.
Evans went back to the wheel an*!
made a landing at Bay Farm Island, off
Alameda, about 1 o'clock this morning,
remaining on board until daylight.
Early this morning he went to San
Francisco and told his employers of
the tragedy. They advised him to give
himself up to the Oakland police, and
after returning to Oakland and meeting
his wife he went to police headquar
ters.
As his first landing had been made
in Alameda, he was turned over to the
Alarreda police and is in jail in that
city tonight. Jessen's body was taken
from the schooner to the Alameda
morgue.
Evans 1 plea of self-defense Is be
lieved by the police and no charge has
yet been placed against him. Mrs.
Evans remained all afternoon with him
at the jail, and his son. B. H. Evans,
visited him there tonight.
HEY! YOU LITTLE SHIPS
WATCH FOR RED PENNANT
Weather Bureau Adopts "Small
Craft Warning"
WASHINGTON, Nov. 22.—The weath
er bureau today adopted an additional
marine warning, to be known as the
/"small craft warning," to notify own
ers of fishing, towing. motor and
yachting craft of the approach of
a strong wind that might inter
fere with the safe operation of
small vessels. This wilt go into
effect December 1 and will consist
of a red pennant flown the
flagstaffs on the Atlantic, Pacific and
Gulf coasts and the great lakes, and
will signify high winds which would
not justify the issuance of a regular
storm warning. i
SAN FRANCISCO, THURSDAY, NOVEMBER 23, 1911.
"GET TOGETHER"
DINNER CARDS
SENT BY TAFT
Invites Members of Republican
National Committee to Dis
cuss Campaign
Party Solidity and Choice of
Chairman on Program for
White House Feast
IRA E. BENNETT
[Special Dispatch to The Call]
WASHINGTON, Nov. 22.—Further
evidence that the real work of the Taft
campaign for re-election will be
launched in earnjest in "the next four
weeks is given by the announcement
that the president will give a formal
dinner at the White House December
11 to all the members of the republican
national committee.
The dinner is expected to draw a
sharp line between the insurgent and
regular factipns of the republican
party. It is intended as a "get togeth
er " affair, but the insurgents will stay
away.
More than 50 men will be invited,
including all the national committee
men and the officers of the committee,
together with some of the cabinet mem
bers.
Solidifying the Party
President Taft intends to discuss
ways and means for solidifying the
ranks of the republican party and to
talk over the plans of the next na
tional campaign.
It is likely t lat the question of a
chairman to head the republican force*
will be taken up. The president prob
ably will be asked to name the chair
man, and anybody he suggest* will be
elected.
The republican national committee
will hold its formal meeting here In
Washington December 12, the day after'
the White House dinner. At this meet
ing two important matters will be de
cided, if the president has made hi«
wishes known. A chairman will be
elected and probably the site and date
of the republican convention will be
decided. It is likely that Chicago will
be selected for the republican conven
tion, although the claims of other cities
will be considered.
Preparation of Message
President Taft went to the executive
offices for the first time this week and
spent the morning mainly in the prep
aration of his message. He has before
him considerable material from the
tariff board, the report of the stocks
and bonds commission, reports from the
various cabinet officers and an outline
of a federal incorporation bill, all of
which will be discussed in his message.'
LUMBERMAN SAVES
$5 BY TELLING TRUTH
Justice Reduces Fine for Speed
ing as Reward
[Special Dispatch to The Call]
REDWuOD CITY. Nov. 22.—When R.
O. Wilson, a wealthy San Francisco
lumberman, admitted today that he had
b«en exceeding the speed limit and
agreed with Motorcycle Policeman Mar
tenstein that he had been driving his
car 43 miles an hour. Justice of the
Peace H. W. Lampkln commended the
defendant for his truthfulness.
"Out of more than 2f>o persons that
have appeared before me for violating
the speed law, you are the.first one to
tell me the truth." said the court.
"In view of the fact that you admit
your guilt I must fix a penalty, but as
a reward for your veracity will reduce
the regulation fine of |15 to $10."
COUNTY CLERK SHOULD
WORK NIGHT AND DAY
Impatient Couple Beat Official
to Office in Morning
[Special Dispatch to The Call]
SAN* JOSE, Nov. 22.—Unable to locate
any of the deputy county clerks last
evening, William Davies, deputy coun
ty surveyor of Monterey county and a
prominent resident of Salinas, early
this morning obtained a license to
marry Miss Libbie Pierson of Salinas
City.
Deputy County Clerk Martin found
the young couple and two attendants
on the courthouse steps impatiently
waiting the opening of the license of
fice at 8 o'clock.
No explanation was given of their
haste, and no record of the ceremony
having been performed 4n this city to
day could be obtained. The groom is
29 and the bride to be is 23.
DISCIPLES OF MARX
TO BAND AT U. OF C.
Twenty Undergraduates Will
Organize Socialist Club
[Special Dispatch io The Call]
STANFORD UNIVERSITY, Nov. 22.—
Twenty undergraduates met this after
noon and discussed plans for the or
ganization of a club to be known as the
Socialist club of Stanford. The organ
ization, will take place Sunday evening.
The purpose of the club is to study so
cial problems with the socialist point of
view emphasized. Women followers of
Marx will be allowed to become mem
bers of the new organisation.
GOODMAN SLAIN
IN BASEMENT OF
PRODUCE HOUSE
J. S. Rogers and Tony Sar
mento, Employes of Firm,
Jailed as Suspects
One Owed Salesman Money; No
Trace Found of Stolen Gems
or Hammer Slayer Used
In the dingy basement of the San
Francisco Produce company's store at
Oregon and Front streets detectives
yesterday found the place where Ben
jamin A. Goodman, the young jewelry
salesman, was beaten to death with a
lathers hatchet some time late Satur
day night or early .Sunday morning.
The ppot where Goodman fell under
the murderer's blows is in the cellar
way directly beneath the place where
Goodman's body was found early Tues
day under the grape pomace in the
gutter in Oregon street. Fresh blood
stains on the wall and floor and the
presence of two bloody sacks in an
other part of the cellar tell the grew
some story of the killing.
When the police had finished the ex
amination of the basement they ar
rested three employes of the produce
company. They are John S. Rogers,
who resides in the Kdison hotel at
Kearny and Sacramento streets; Tony
Sarmento of 1239 Kddy street and M.
Frattlni of 411 Vallejo street. Frattinl
was later released. The other two will
be held pending further inquiry into
their movements Bince Saturday, when
Goodman was last seen alive.
A search of Sarmento's room last
night failed to reveal any evidence of
the crime. All three denied any knowl
edge of the killing.
The police are satisfied that Goodman
met his death in the cellar and they
reason that the perpetrator of the mur
der was one who had access to the
place.
Rogers owed Goodman money. Some
time ago he purchased a diamond ring
for |125 for an agent named Smith, who
worked for the jewelry firm of B. T.
Brilliant, by which Goodman was em
ployed. Smith was sent to another
territory and $80 remained unpaid on
the Rogers account.
Brilliant sold his interest in the bal-
Continued on Page 4, < otiinin 1
GOMEZ JOINS REYES
IN WAR ON MADERO
Three Hundred Insurgents Are
Routed by Loyal Troops in
Clash of Arms
MEXICO CITY, Nov. 22.—Emilio Vas
quez Gomez, General Reyes and Emilio
Zapata have joined hands in an effort
to overthrow the Madero governmentfi
according to Information received by
the president today from the secret
agents of the government now in San
Antonlx
Adherents of General Reyes and fed
eral troops have clashed at San Nicolas
in Queretaro state, according to a news
dispatch received here today.
Three hundred men under Candido
Procel were routed by 300 loyal sol
diers of the Fifth regiment from San
Isidro. A few rebels were killed. 40
others wounded and many made prison
ers.
Jose Ijeon del Valle, it is reported,
will be sent to Washington as confiden
tial agent of the revolution in favor of
General Reyes.
Club Stoned by Mob
EL PASO. Tex., Nov. 22.—The Foreign
club at Chihuahua was stoned by a mob
during the celebration of the anniver
sary of Madero's revolution. The li
brary window was broken by bricks,
which fell v in among several members
of the club sitting in the room at the
time. The Chihuahua Foreign club, one
of the largest in Mexico, is regarded by
most Mexicans as the visible evidence
ot the envied American commercial su
premacy in the northern portion of
their country.
FARLEY AND FALCONIO
ARE NEARING VATICAN
American Cardinals Designate
Leave Turin for Rome
TURIN, Italy. Nov. 2:.—Cardinals
designate Farley and Falconio, with
their party, arrived here this afternoon
and later left for Rome. The railway
officials have been instructed to show
the distinguished passengers every at
tention.
* — •
FIRE DOES $25,000
DAMAGE IN DAVIS, CAL.
Three Warehouses Destroyed
Along S. P. Tracks
DAVIS, Nov. 22.— Early this morning
flrfi in the warehouse district along the
Southern Pacific tracks destroyed three
warehouses, uev'eral freighters and a
largre amount of hay and machinery.
LOSS, $25,000.
i
TWO SUSPECTS HELD
NO CLEW TO JEWELS
JTop photograph is that of John S. Rogers, who is held by the police as
the probable slayer of Benjamin A. Goodman, the young jewelry salesman,
who Was found murdered at Oregon and Front streets Tuesday morning.
Rogers admitted having had a drink with Goodman at 3 o'tlock Saturday
afternoon. Rogers has a criminal record. A debt owed Goodman by
Rogers is the circumstance whereby the police connect Rogers with the
crime. The theory is that Goodman was filled in the basement of the
San Francisco Produce company and that the two men whose pictures are
shown below had knowledge of the crime or were parties to it. Frattini
was released after being closely questioned by the detectives, but Sarmento
has not been able to establish an alibi.
"HELLO" IS HEARD
1,296 MILES AWAY
Pacific Telephone Official Es
tablishes Western Record by
Talking to El Paso Friend
"Ijong distance, please," said C. W.
.Burkett, general superintendent of the
plant of the Pacific Telephone and Tele
graph company in San Francisco*.
"Hello, long distance. El Paso.
Texas, please"'
"Is that you, Xl Paso? I would like
to speak to K. M. Burgess, general
manager of the Intermountain Tele
phone company. Yes. I'll hold the line.
• • • Hello, Burgess. This is Bur
kett speaking, Burkett. B-u-r-r-e
--double-t. Burkett in San Francisco.
Yes. T hear you perfectly. How are
tricks? We're having fine weather
here. No wire troubles on this line.
Give my regards to the boys. Do you
know we're having the longest distance
conversation ever held west o^ Chicago.
Twelve hundred and inety-slx miles.
Surest thing you know. Goodby."
That was the conversation listened
to yesterday afternoon by a group of
telephone men. of whom Burkett was
the center, in the Pacific telephone and
telegraph headquarters in Bush street.
El Paso, Tex.. 1.236 miles away, was
on the line, and the wire that stretched
over half of the state of California,
over both the near states of Arizona
and New Mexico and into Texas'earried^
the voices of the two telephone men
as they exchanged greetings over the
longest wire stretch in the west.
Triie conversation was made possible
by the completion of a span of the line
in New Mexico. A conversation from
El Paso to Denver, a distance of about
1,100 miles, was carried on Tuesday,
but yesterday's chat over nearly 1,300
miles of desert and mountain was the
longest distance talkfest ever indulged
in in the west.
Burgess and Burkett are old friends
and they recognized each others voices
on the wires.
A few years ago a conversation by
telephone between San Francisco and
Los Angeles was a difficult feat. Now
it Is a commonplace and -San Francisco
and Portland and Seattle converse at
so much a second.
There is wire connection now be
tween San Francisco and New York
and while Mayor McCarthy and Mayor
Gaynor can not sit in their offices and
talk of the delights of public service,
there is a scientific possibility that
auch conversation between the execu
tives of the two cities will be held
some day.
THE WEATHER
j YESTERDAY — Highest temperature, 64;
lon?tst Tuesday night, 46.
FORECAST FOR TODAY—lncreasing
cloudiness; light east winds, changing to
south.
FIRETRAP MANAGER
DEFIES CITY LAWS
Patrolmen Arrest Langley for
Operating Lyceum Theater
Without a License
Adopting a defiant attitude in the
face of the law and the efforts of the
police to protect the lives of the women
anil children who patronize his fire
trap, William Langley, manager of the
Lyceum theater, at Mission and Twen
ty-ninth streets, openeJ the place
again last night and was taken Into
custody by Patrolmen Uhte and Rud
den. He was bot>ked at the Ingleside
station on a charge of violating the
flre ordinance, which prohibits the op
eration of theaters or nickelodeons
without a license, but was released on
$100 bail, supplied by Turner & Dahn
ken, owners of the Lyceum.
Langley was arrested for the same
offense Tuesday night by the same pa
trolmen and appeared in the police
court yesterday for arraignment, but
at the request of his attorney was
given a week to plead.
He declared hig intention of applying
to the superior court for an injunction
and told the policemen that he would
beat the law. AVhen ordered to close
last night he showed a permit issued
by the police commissioners some time
ago and said that it was authority
enough to operate his nickelodeon de
spite the fact that he had no license.
The policemen who are detailed by
Captain Anderson to see that the nick
elodeon law is enforced in his district
waved the permit aside and. entering
the theater, told the audience that the
place was to be closed, and advised
Langley to give them back their money.
The Lyceum is one of the so called
nickelodeons that The Call has in
cluded in the category of unsafe houses
owing to its flimsy construction and
large seating capacity. The law says
that only 3&9 seats shall be allowed in
a nickelodeon built of wood. The Ly
ceum has 900 or more. Jt has been op
erating under the Schmitz permit for
five years and in addition to its frame j
construction and unlawful seating ar
rangements has serious defects in its
exits.
Commending The Call for its fight on
the flretraps. Patrolmen Rudden and
Übte declared last night that they
would take Langley Into custody every
time lie broke the law unless re
strained by an injunction. Tlu> people
of the Mission are against the flretraps,
the patrolmen say. and will not rest
until they are forced to comply -with
the law.
PRICE FIVE CENTS.
REBEL ARMY
READY TO
BOMBARD
NANKING
Final Warning Is Given For*
eigners, Telling Them to
Flee Before Attack
Begins
FIRING WILL START ON
ARRIVAL OF WARSHIPS
11,000 Imperialists Are Within
City's Walls Strongly For
tified for Desperate
Stand
FRIENDS PLEAD WITH
GENERAL TO SURRENDER
SHANGHAI, Nov. 23, 9 a. m..—
Ting'i Fang, * director of foreign affairs*
has : notified the consols that the ; bom
bardment of Nanking; will begin, short
ly. >, He warns 5 them to withdraw their
respective countrymen from that dis
trict. . ——••',/ -•■■ *
NANKING, Nov. 23, 6 a. m.—•
The revolutionary forces are
making preparations for the
bombardment of Nanking.
These will be completed with the ar
rival of 10 warships on the way to
this plac9 and an attack will be made
on the city simultaneously by land
and sea.
A small body of General Chang'3
imperial scouts last night tore up a
section of the railway four miles to
the south of Nanking. Prior to this
the railway had been considered neu
tral territory and had not been inter
fered with.
Within the city walls, 11,000 men
hold a strongly fortified position.
They are said to be well supplied with
arms and ammunition, but they are
poorly provisioned.
The former Chinese minister to
Japan.Tsao, who is a warm personal
friend of Chang's, has been endeav
oring to induce him to surrender, but
Chang is obdurate.
Tsao, who is the guest of President
Bowen of Nanking university, has not
yet given up hope of winning over the
Manchu general. The latter has at
least stopped killing those who have
cut off their queues and has issued a
decree assuring the Chinese and
others within the city that they are
safe. He also has guaranteed protec
tion to the Red Cross.
Plotters Attack Premier
PEKING. Nov. 22. —According to a
Chinese report an attempt was made
to assassinate the premier. Yuan Shi
Kai, last Monday. There have been
rumors that the premier's life was
threatened, and he has been going
about escorted by a guard.
An edict was issued today giving?
Yuan Shi Kai freedom from a daily
audience with the throne, thus permit
ting the premier to proceed with his
attempts to bolster up the administra*
tion without interference.
The president of the Shantung re
public has sent another message ad
vising the abdication of the throne,
and Yuan Shi Kai has replied, accord
ing to the Chinese newspaper:
"Watch the Germans."
A special dispatch from Shanghai
says that not only was the governor
of Taiyuanfu murdered, but his wifa
and two sons also have been executed.
The yamen has been burned, the Man-
Paul Elder
& Co.
Two Stores
Never has our holiday
stock of Books, Pic
tures, Objects of
Art, Calendars, Cards,
Children's Books, and
Toys been more com
plete and attractive. For
its display we are occu
pying two entire stores.
Shop Early. Special Prices.
Paul Elder & Co.
MAIN STORE
\ 239 GRANT AVENUE
' EXHIBITION STORE
227-233 POST STREET