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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, February 11, 1913, Image 9

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PART TWO
VOLUME CXIIL—NO. 73.
STRATTON WOULD
USE THE COURTS
AGAINST DWYER
Collector of the Port Throws
Down Gauntlet as Result
of the Controversy Over
Receipt of Merchandise
and Baggage From Ex
cursion Steamer Cleveland
EMPOWERED TO USE
FORCE, HE AVERS
United States Attorney Is
Asked to Determine Pro-;
priety of Bringing Of
fenses by State Employes
to Grand Jury's Attention
—Fears to Humiliate City]

Frederick 8. Stratton. collector of the '
port, threw down the gauntlet to John j
J. Dwyer, president of the state board |
of harbor commissioners, yesterday in a j
communication addressed to Fnited
States Attorney John L. McNab, in
■which the collector asks for an imme
diate determination in the courts of the
question of jurisdiction between the
federal and state officers of the port.
The complaint is an outcome of the \
controversy over the receipt of mer- j
chandise and baggage from the steam- |
ship Cleveland and the challenged ad
miitanca of designated persons within |
the customs inclosure.
Stratton asks for advice as to the
measure of his control under congres
sional acts, his power to use all force
at his command to control the observ
ance of the revenue laws, the punish
ment of offending officers of a state i
board and the propriety of bring'Yg j
these violations to the cognizance of a |
federal grand jury.
"QI'ESTION VITAL," HE SAYS
"It is far more thnn a wretched or
trivial question of authority," Stratton j
says in the preamble of his eommuni- !
cation; "It goes to the welfare of the \
city's commerce."
He also avers that congress has the i
sole power of legislation regulating j
commerce and the state no authority, j
and goes on to say that he would have
been glad to have taken up the ques
tion with President Dwyer, but that his
refusal to discuss the question with !
Deputy Surveyor Charles A. Stephens ;
precludes further consideration except
through the courts.
""This matter might not he so im- j
portant now as an isolated instance," j
Mr Stratton says, "but shortly San }
Franeis'-o will he visited by new lines I
of steamships to an ever increasing ;
degree, and all questions between the
customs and the board of state harbor j
■•ommisßioners ought to be settled now J
in some authoritative way."
EMPOWERED TO I SE FORCE
"The collector In Instances is directly I
empowered by law to use force. All j
customs employes are by statute con- ;
stituted officers of the law. and the col- 1
lector may, in addition, call upon all j
persons, military or otherwise, to com- j
pel obedience to revenue laws. Never- j
theless, the city of San Francisco would |
be humbled and degraded "hould resort I
be had to such procedure. It is un- j
thinkable that the state or the city ;
wishes such a condition to exist."
Commissioner Dwyer said last even- I
Ing that Collector Stratton .md his as- I
sistants could use the wharves as they !
plena* in excluding people, even officers
of the state,, harbor commission, but
that the state board would not counte
nance discrimination in the matter of
tradesmen or business.
"So long as Stratton or his officers
■ online themselves to customs duties,
there will be no interference on the
part of the state board of harbor com
missioners." Mr. Dwyer said. "We found '
that the collector permitted the Wells I
largo company within the inclosure I
and excluded the Globe Kxpress com- I
pany. Stratton or Stephens was told '
that either both express companies must '•
he admitted or both excluded.
C_M.S THREAT RIDKII.OIS
'As to the threat that he would use I
force or call upon the troops to have |
'ms ruling observed, that Is ridiculous, j
The state board of harbor commission- |
ers- are cv»r willing to recognize the j
authority of the customs officers when- j
ever they are enera.ged in customs dv- I
ties, and I take exclusion from the in- j
closure to be contained within that
jurisdiction.*'
The controversy between Collector
Stratton and President Dwyer arose
when the Cleveland arrived from the
orient .January 31.
Collector Stratton proposed to and
did t ope oflf a certain part of the dock
"where the baggage was to be exam
ined and no persons were admitted but
customs officials and the representa
tives of the transfer company that had
been designated by the agents for the
steamship.
President Dwyer claims, as represent
ative of the state that owns the water I
front of the city, the right to say who i
should pass through the lines and visit !
the dock.
Collector Stratton, ln his letter, J
charges President Dwyer with interfer- I
ing with the federal law and the au- j
thorlty of the collector of customs.
0
FOREST RANGERS' MEETING!
Convention of Nevada-California Dla- j
trlet Opena In Loa Aneelea
EOS ANGEEES, Feb. 10.—Forest |
rangeis of the district composed of
Nevada and California began a four
days' convention here today, with 80 j
delegates from Monterey. Santa Bar- j
bara, Cleveland and Angels national j
forest reserves in attendance. District I
Forester Coert Dubois of San Francisco i
opened the meeting with a talk on I
general efficiency.
DIED
*. BJ__jf~dn~lhis cltj, February 10. 1913. Walter
<;. Barr. devoted father of Mr*. T. C. Hoff
man and Mrs. T. M. Dunn and Charles. Marie.
Helen and WUlard Barr. a natWe of England.
Remnins »t tbe funeral parlors of Samuel
M. 1 ruMrri k <'".. 1070 Haight street, inter-
Hundred at Wedding
Miss Tisdale Is Bride
Mrs. William Paul Gardiner, formerly Miss Tisdale of Alameda.
Alameda Home Flower Strewn When Belle
Becomes Gardiner's Bride
.-\LA.MI-;i >A. Feb. 10.—More than 100
friends were included in the invitation
of Dr. diaries L. Tisdale and Mrs.
Tisdale to witness trie marriage of
their daughter. Miss Dorothy Tisdale,
and William Paul Gardiner of Los
Angeles tonight at the family resi
dence. Roy. Everett Couper, rector of
Christ Episcopal church, officiated.
Masses of daffodils against a hack
ground of woodwardia and small ferns
were used ln the decorative scheme.
The bride was given away by her
father. Her gown was a combination
of ivory satin and brocaded velvet. The
waist was of duchess lace. The skirt,
finished in a long court train, was
fashioned on the draped model. The
veil was worn in cap effect and held
in place by sprays of orange blossoms.
Lilies of the valley were carried in the
shower l«ouquet.
Miss Ruth Tisdale attended her sis
ter as maid of honor. Miss Marjorie
Emmons and Miss Llewellyn Jones of
M'MANIGAL ENTERS
INTO DARROW CASE
Dynamiter Tells of Alleged
Efforts to Induce Him to
Talk With Attorney
LOS ANGELES, Feb. 10.—Ortie Mc-
Manigal, the dynamiter, whose last ap
pearance outside of jail bars -was when
he was produced as a witness against
two score of labor leaders in the dyna
mite conspiracy trial at Indianapolis,
took the stand today for the prosecu
tion in the trial of Clarence S. Darrow
for alleged jury bribery. He was the
first witness thus far who did not tes
tify at the first trial of the former
chief counsel of the McNamaras.
McManigal was on the stand for an
hour, less than half of whicn was de
voted to his direct examination by As
sistant District Attorney Ford. His
testimony related to the alleged general
conspiracy to defeat the ends of justice
in liberating the McNamaras. rather
than the main issue in the case.
The confessed dynamiter told of vis
its to him soon after his incarceration
here by his wife and George Behm, his
uncle, both of whom, he said, tried to
persuade him to give Darrow an inter
view.
Mrs. McManigal, he said, told him
that Darrow would get him out on
ball and would procure him a good po
sition in Chicago if he would repudiate
the confession he had made to detec
tives. He finally told her, he testified,
that he would see Darrow. hut later he
ordered the jailer not to admit any one
except representatives of the district
attorney's office.
He told his uncle, he said, that he
would stand by his confession despite
his uncle's promise that Darrow would
free him.
"My uncle said the people would not
stand for the kidnaping of the Mc-
Namaras," said the witness, "and I
asked him if they were going to stand
for the dynamiting. He said that whs
all stopped and I told him it was ended
because the leaders of It were in jail."
McManigal said that lie did not want
to talk to Darrow "because I was
afraid I would commit myself In some
way which would result in the McNa
maras going free and me being made
the goat."
On one of his visits Behm said that
Darrow would give him $5,000 for a
chance to talk with him, McManigal
testified.
The examination by Darrow was
brief and resulted in the development
of no new facts.
THE San Francisco CALL
SAN FRANCISCO, TUESDAY, FEBRUARY 11, 1913.
Santa Barbara serving as briedsmaids-
Miss Tisdale wore a handsome gown
of yellow brocaded satin elaborated in
shadow lace. She carried an armful of
white roses. The bridesmaids were
similarly robed in pale yellow ehar
meuse gowns with Which they carried
gold baskets heaped with daffodils.
As best man, ira Gardiner assisted
iiis brother. The ushers wer<- Stanley
Henshaw and Joseph Mather of Pasa
dena.
Mr. and Mrs. Gardiner will establish
their home in Los Angeles following
their honeymoon trip. The bride is one
of the most popular girls of the local
smart set and has been the inspiration
for a round of social pleasures during
her prenuptial days. Her marriage was
the outcome of a tour of Yosemite val
ley a Season or so ago. when she met
Gardiner with a party of friends. Mr.
Gardiner has important interests In
orange groves and manufacturing in
Los Angeles.
LAMBARDI STARS
IN ROSSINI GEM
Italian Colony Out in Force
to See Valencia Theater
Production
'The Barber of Seville/ Rossini's
beautiful two act opera fniffa. was
given a splendid presentation by the
Lambardi company at the Valencia
theater last night. The I«itin colony of
the city was well represented and they
enjoyed not only the scintillating mu
sic, but the broad humor of the work.
The vocal score contained much of
the florid work of the old Italian
school, and the comedy is charmingly
written into the music.
The cast was a notable one. includ
ing Giovacchini as the barber; Agostinl,
who replaced Graziani as Almaviva:
Martlno, as Don Basil in; Pineschl as
Don Bartolo, and Mme. Pines-ehi hs
Bertha. Giovacchini sans the role of
Figaro with much vigor ami expres
sion, and displayed great facility in
the exacting "Figaro" aria of the first
act.
Kegina Vicarino was pleasing in her
rendition of the passages in the Itoslna
role, which are pronounced extremely
difficult to sing. She was in superb
voice and was awarded great applause.
Agosiini, called in at the last mo
ment, proved that he is at home any
where by his splendid portrayal of the
Almaviva role.
Tonight Giordano's three act lyric
I drama, "Fedora." with Adaberto in the
j leading role, will be the Lambardi
j offering. It will be presented but once
during the present Valencia season.
Folco will sing the principal tenor part,
that of Count Loris.
The opera will be staged with spe
cial scenery and costumes, which are
particularly brilliant in this opera.
The work is deep in human interest,
tragic and musically massive, iike the
composer's? other great work, "Andrea
Chenler."
a
MILLION FOR HIS LIBERTY
Hal n* Sarramento Convict lonlats He
Hmm $1*,000.000 He's Held Insane
SACRAMENTO. Fob. 10.—Thomas
Smith, who in August, 1910, shot and
killed Charles Walters in front of the
Western hotel and who was convicted
and sentenced to serve 15 years in
Folifom prison, was found to be insane
by a jury today. He offered the judge
$1,000,000 to set him free and insisted
that he had $18,000,001).
LAUNCH BURNED
AT SEA; FATE OF
CREW UNKNOWN
Officers of Revenue Cutter
Believe They May Have
Escaped in a Life
Boat
CRAFT IDENTIFIED
AS THE MOONLIGHT
Observer at Strait of Juan de
Fuca Sees Vessel Burst
Into Flames
SEATTLE. Feb. 10.—The launch
Moonlight of Astoria was burned to the
water's edge three miles south of Cape
Flattery at 7 o'clock tonight.
The fate of the persons on the
launch is not known, but it Is the
opinion of the officers of the revenue
cutter Tahoma, which went to the res
cue, that they escaped in a life boat.
How many persons were, on the
launch and from what point she sailed
is not known.
The Moonlight passed out southward
bound at 6 p. in. An hour later the
Tatoosh observer saw the launch,
which was then three miles south of
Cape Flattery, burst Into flames.
In the darkness nothing could be
seen of the movements of the people j
on the vessel and in a short time
sea around the burning launch was
covered with blazing gasoline, showing
that the fuel tank had exploded.
Wireless messages were sent by the
Tatoosh observatory to the revenue
cutter Tahoma at Neah bay.
The Tahoma went to the rescue, but
found only the charred hull of the
launch floating on the water.
When the fire was first reported the
name of the burning vessel was un
known. The Tahoma identified the
wreck by the name on her stern.
Was Gasoline Sloop
ASTORIA. Ore., Feb. 10.—The Moon
light was a gasoline fishing sloop 55
feet long and 11 feet beam. Her crew
consisted of a captain and three men,
hut their names are not known here,
as she wintered in Seattle and shipped
a new crew there. She was built here
early in 1912 and was owned by Astoria]
and Seaside men.
Cruiser Rammed by Tug
SHATTLE. Feb. 10.—The cruiser
Vicksburg, commanded by Lieutenant
W. .1. Moses, lying at the navy yard,
was rammed today by the naval tug
Fortune, which was towing a water
barge.
The steel prow'of the tug cut a gash
15 feet long and more than a foot wide
In the Vickshurg's starboard quarter
and it was necessary to use collision
mats to keep the gunboat from going
to the bottom.
The Vicksburg was taken in tow by
a tug and towed to shore, where she
rests with her head on the beach. She
has sunk seven feet.
A board has been appointed to In
vestigate the accident, which happened
in a thick fog.
The Vicksburg, an old boat, was re
cently ordered turned over to the
naval militia. It will be placed in
dryclock tomorrow.
A. H. Biehl Sentenced
PORTLAND, Feb. 10.—A. H. Blehl.
convicted recently of conspiracy in
connection with the Columbia River
Orchards land frauds, was sentenced to
serve two years at McNeil's island by
United States Circuit Judge R. S. Bean
today. Blehl's attorney announced he
would appeal.
Legislature Takes Far Sight
OLVMPIA, Wash., Feb.
Washington legislature interested it
self in foreign affairs today.
The senate committee reported fa
vorably th» resolution asking congress
to recognize the republic of China,
and the house, with only five dissent
ing votes, Indorsed the leadership of
John F. Redmond in the Irish party in
parliament and urging home rule for
Ireland.
The house refused to concur in the
senate memorial to congress asking'
thai the Kriedmann tuberculosis cure
be purchased for the United States, but
passed the memorial asking for the
marking of the old Oregon trail.
Indians in Distress
SKWARD, Alaska, Feb. 10.— Dr. H. O.
Schaleben. representing the United
States bureau of education, and Deputy
Marshal Gospaw have returned from
an Investigation of the report of a
native uprising at Tyonek.
It was rumored that the Indians had
sought the lives of their school teach
ers, Mr. and Mrs. Cooper, and had
driven them from the settlement.
The returning officials found the re
port of disorder was untrue. They
learned also that the nntives are in
great distress from lack of food.
Doctor Schaleben made temporary
provision for feeding the Indians, and
he will recommend that adequate aid
jbe given.
More than 100 persons are in a des
perate plight from setrrcity of food.
RAILROAD OFFICIALS
ENTER TENTATIVE PLEA
NEW YORK. Feb. 10.—Tentative |
pleas of not guilty to indictments
charging violation of the criminal I
clause of the Sherman anti-trust law j
were made today by counsel for Charles 1
S. Meiien. president of the New York,'
New Haven and Hartford, and E. J. J
Chamberlain, president of' the Grand
Trunk railway of Canada. No date for j
their trial was set.
Judge Mayer set for argument Thurs- !
day a motion made by counsel for
Chamberlain for the appointment of a
oommitt-ea to take testimony in Eng
land of Alfred. Smithers, chairman of
the Grand Trunk board, and other Eng
lish directors. ~
Affidavits were submitted setting
forth that the abandonment of the
southern New England extension by I
the Grand Trunk was-not the' result of j
a monopoly agreement, but simply part
of a general policy of retrenchment or- j
ders by Smithers and his fellow • dl-j
rectors. j
Dlauilased With Waraleg —Seven
business men of the Richmond Dis
trict were before Police Judge Shortall
yesterday for allowing their dogs to
run without mußles. All were dis-,
miased with a warning- '
THOUSANDS FALL
BEFORE SCUTARI
IN FIERCE FIGHT
Montenegrins Capture Bar
danjoli Hill at Cost of 2,500
Men—Turks Lose
Heavily
SOLDIERS GRAPPLE
AT CLOSE QUARTERS
Defenders Battle With Fierce
Determination —Europe
Longs for Peace
LONDON*. Feb. 10.—Severe fighting
has occurred in the attempt of the
Montenegrins to capture' Scutari. The
Montenegrins are reported to have
taken Bardanjoll hill, one of the
strategical positions, but at a cost of
2,500 men killed or wounded. The
same dispatches place the Turkish loss
at 4,000 men.
Thousands of fresh troops have been
arriving at Constantinople from Ana
tolia, and in the last few days several
troopships have departed, but their
destination has not been divulged.
There are signs that the porte real
izes the hopelessness of the situation
and is preparing the way to leave the
fate of Turkey in the hinds of Eu
rope to obtain the best possible settle
ment.
Although it is officially denied that
Hakkl Pasha has been sent on a peace
mission to London, there is little doubt
here that that Is his object.
Fought Hand to Hand
PODGOPITZA. Feb. 10.—-The infan
ts.-y on several occasions came Into such
close quarters that hand to hand fight
ing was general along the line.
Bardanjol hill dominates Scutari
from the eastern side and the Monte
negrins are mounting siege guns on
the heights to .bombard the principal
points of the city.
Fighting has gone on since early
morning all around the city. The Turk
ish defenders are disputing the ground
with fierce determination.
Heavy Loss Sustained
CETTINJE, Feb. 10.—This heavy
price paid by the victims and the de
fenders at Bardanjoli was made known
in messages received today from the
front.
A Montenegrin attack on the heights
of Tarahosch, which dominate Scutari
on the west, has been going on for
three days. This onslaught is be
lieved to have been as sanguinary as
the engagement at Bardanjoli.
Turkish Army Routed
SOFIA, Bulgaria, Feb. 10.—The rout
of the Turkish army before Bulair on
Saturday Is said here to have been
complete. The Turks are reported to
have suffered enormous losses.
The field of battle was littered with
flags, field guns, machine guns and
rifles left in flight by the panic stricken
Ottoman troops.
The Turkish dead and wounded were
lying thickly everywhere. Twenty of
ficers were killed.
The war office says:
"The number of men killed among
the Bulgarians is not yet known, but
it appears to have been insignificant."
Will Confer Once More
PARIS, Feb. 10.—The ambassadors
in London of the European powers
have decided on a second conference
to determine the division of the Otto
man debt between Turkey and the Bal
kan states and to settle other ques
tions arising out of the war.
Cruiser Is Cautious
PORT SAID, Feb. 10.—The Turkish
cruiser Hamldleh. which evaded the
Greek fleet in the Aegean sea some
weeks ago and passed through the
Suez canal, reappeared here today, hav
ing arrived from the Red sea at mid- '
night. She proceeded immediately
toward the Aegean sea with all lights
out. i
Liven Up Your Home /£wES-\
VICTROLA
«( Every home will be made happy with one of
these wonderful and beautiful instruments. It
makes the home attractive to the young folks,
amuses the children, and entertains and livens up
Prices should not deter you from owning a
Victrola, for they range from $200 to $15. Our
easy payment terms make it possible to own a
Victrola. A few dollars today and future pay
ments which are hardly noticeable. You can
This sthe $100 Victrola . v/^ T TO xr * . , , vn
in mahogany or oak. enioy YUUK Victrola tonight. Why not?
We sell any Victrola on m ■*•***■
very easy terms.
Sherman Way & Co.
STEINWAY AND OTHER PIANOS and CECILIAN TLAYKR PIANOS
VICTOR TALKING MACHINES. SHEET MUSIC AND MUSICAL MERCHANDISE
Kearny and Sutter Streets, San Francisco
Fourteenth and Clay Streets, Oakland
Fatal Polar Expeditions
Many Died in Attempts
Other dlanatronn polar expedi
tions:
184.%— Sir John Franklin expe
dition lost in effort to dlacover
the VorthnMt passage.
IS7o—The Jeanette" North
pole expedition sent out by (Gor
don Bennett -wrecked off the
coast of "North Siberia.
1882—Men tenant A. \V. Greeley
and party of explorers i.oolnted
at Cape Sabine: all but seven
perished.
IW»r—S. A. Andree, a Swedish
aeronaut, nnil two companions
left Spitsbergen in a balloon for
the north pole; never heard from
since then.
HEALTH BOARD DECLARED
'PATRONAGE COMMISSION'
Supervisors Accuse Body of
Being Incompetent; Mayor
Comes to Rescue
Harsh words were flung at the board
of health by members of the super
visors' finance committee at the meet
ing of the board of supervisors yester
day, and some lively repartee indulged
In between Mayor Rolph and critics of
the health department.
Supervisor McCarthy charged the
health board with incompetency and
inefficient management, and advised
the removal of the entire board.
Supervisor Jennings described the
board as "just a sort of patronage com
mission," and added, "There is no com
petency there at all."
The attack on 'he health board
began when Supervisor Gaglieri intro
duced a resolution asking that $1,500
be set aside out of the urgent necessity
fund for the employment of four ad
ditional school health nurses or ln
spectresses, pointing out that 18
schools were without proper health in
spection.
The finance committee objected to
such an appropriation, declaring indi
vidually and collectively that sufficient
funds had been provided in the budget
for a full staff of nurses, and that the
health board had been forced to cut
the staff by reason of poor manage
ment.
Mrs. M. E. Bush, representing a con
gress of mothers' clubs, protested
against any delay.
It was finally decided to allow the
health board $300 to employ the addi
tional nurses for a month until the
matter is further investigated. A reso
lution was adopted requesting the de
partment to re-establish the full staff.
§ GOTHAM
"f\ Hotel OiHreilriecL
c/elegance, located in
New lorks social centre
theatre ana snoppincL
Single room* with baths -*•-*339ro»s<_?
Pojd4e rooms with b_t_s-*3sPto*B_?
SPECIAL DISCOUNTS 15%t050% .
PAGES 9 TO 16
PRICE FIVE CENTS.
MILLIONS SPENT
FOR EDUCATION
IN CALIFORNIA
Public School Outlay Is
Largest Among Items in
Controller's Statement
for Last Year
ROAD IMPROVEMENTS
NEXT ON CATALOGUE
Comprehensive Showing of
Receipts and Expenses for
Fiscal Year
SACRAMENTO, Feb. 10.—California's
5S countfes and 210 incorporated cities
during the state's fiscal year which
ended June 30. 1912. collected $113.
--530,248 from all sources and expended
$103,017,341 in support, maintenance.
improvements, aid to state and bond
Interest and redemption, according to
statistics made public today In the
office of State Controller Nye.
Of the money received $6,697,941 was
not available for city or county use.
being automatically distributed under
the existing laws to the deceased per
sons' estate fund, public administrative
fund and others. Deducting this Item,
the actual receipts available for dis
bursement amounted to $106.532,3'U
and the expedltures were $96,319,100.
Of the gross county and municipal
receipts the 58 counties contributed
$71,549,137 and cities $41,981,105. The
city and county of San Francisco,
which the controller's office could not
separate, are listed under the county
statistics.
In gross disbursements counties,
counting San Francisco as a county
and not a municipality, paid out $60.
--557,300. w r hile municipalities expended
$33,965,053.
Education required the greatest sum
for expenditure. County governments
for elementary and high schools, teach
ers' institutes and libraries, board of
education and school superintendents,
expended a grand total of $19.M,it0.
In charity and corrective work coun
ties expended a grand total of $3,371,
--179. segregated as follows:
Maintenance of county jails and care
of prisoners, $329,622; maintenance
juvenile homes and hospitals, $1,417.
--824; almshouse and care of indigent
sick, $737,767; care of Indigents out
side almshouses, $284,880; care of or
phans, $331,089; reform schools, $98.
--627; care feeble minded. $90,891; ex
amination of Insane. $23,250; burial
soldiers and indigents, $19,691; all
others. $31,550.

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