davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1899-10-24
Elections Under
the old
State Laws.


and county into election precincts ''as soon be-
fore a general election as is convenient Sec
ton l129 of the Code originally enacted gave
to the Board of Supervisors in each county au-
thority from time to time to change the boun-
DIARIES of, create new or consolidate established
the act Of 1878 for charging the boun-
daries of the election precincts when once
made until after another general election. Sec
ton 1923 was. however, amended in 1883 to
read follows:
1.-The Board of Supervisors other board
having charge and control of elections in each
OF the counties and cities of the State may
from time to time change the boundaries Of
create new or consolidate established pre-
cincts; provided that there shall always be as
many precincts as shall be sufficient to make
the number of votes poed at any pre-
cfnct to be not more than 200 nearly as can
be ascertained.'' Under this section. thus
amended. the authority of the Board of Elec-
ton Commissioners of San Francisco to con-
solidate established precincts prior to the adop-
tion of the amendment to section of article
XI of the constitution, in 1886. is without Ques-
tion and unless that amendment has taken
from them this authority they must be held
precincts for the purposes of the elections
herein considered.
In 1896 the above clause in section s of article
XI was amended to read as follows: Cities
or towns heretofore or hereafter organized and
all charters thereof framed adopted by au-
thority of this constitution, except in municipal
affairs shall be subject to and controlled by
general laws 1t is contended by the ap-
pellants that the elections for Freeholders and
upon the adoption of the charter proposed by
them were municipal AFFAIRS and were
therefore not subject to controlled by gem
eral laws.
The construction OF the section as thus
The San Francisco call., 1899-10-24
BELIEF THAT BRITISH
HAVE MET DISASTER

NEW YORK, oct. A-The Worlds Lon
don correspondent cables that news Of a
big disaster in Natal is keenly appre-
hended. The correspondent adds that Off
cial dispatches were received last evening
from Generals White and Yule. but on
consultation between members Of the
Cabinet who were in the House of Com
mons, II was decided TO withhold them
from the House and the public. Per
sistent rumors were afioat that those dis
patches announced grave reverse at
Glencoe.
A Sun cable from Paris says: The
Temps London correspondent claims to
have inside information that the war
office has learned that the British were
beaten in the second action at Glencoe.
He says:
The San Francisco call., 1899-10-24

''They sustained such losses that the
war Office wishes to wait news of another
favorable engagement before announcing
them"
The Worlds London correspondent
says: The British Ministers deny knowl-
edge of any European coalition against
England But the organization Of a
special squadron and the ordering of the
channel squadron TO Gibraltar are suffl-
cient evidence Of their intention to be
prepared II Russia and France mean mis-
chief.
The difficult situation in Natal will af-
ford the. dual alliance opportunity to de-
velop plans. but reliance is placed here on
the apparent friendly feeling of the. Kaiser
TO keep the hostile powers in check.
The San Francisco call., 1899-10-24

fishes the following description of m.
battle OF Glands Laagte from It's special
war correspondent, G. w. Stevens alad
at Ladysmith:
The battle was a brilliant. comn,ate
success. The Beers numbered from 1oo0
to 1000, and probably had about 100 killed
and $50 wounded
The fight Itself was like a practica,
illustration of handbook tactics. each q w.,
represented doing It's proper work to ner-
fection. The Gordon Highlanders In their
attack advanced in magnificent order
They were Immediately saluted with a
heavy fire, which told from the first.
Their major fell with a bullet in his
Leg but as he lay where he fell he ut q
pipe and smoked placidly while the ad-
vance continued. AS man after man
dropped supports We're rushed into the
firing line, our men darting from cover
to cover, splendidly led and ever advanc-
ing. AS ridge after ridge was won the
Highlanders still found a new ridge con-
fronting them, and thus they fought
The San Francisco call., 1899-10-24
e0ooeeoeoooeeeeeee0 OBSERVATION-DISCLOSURES

for the last preceding election into 81 special
election precincts, and designated one polling
place within each of said special election pre-
of the charter in the same precincts. Prior to
the holding of each of said elections the Board
of Election Commissioners provided for supple
mental registration at the office of the Regis
trar at the City Hall. but made no provision
for precinct registration. Prior to the consoli-
dation of the precincts, aforesaid, the board
passed resolution that the special election for
Freehoders should be conducted in accordance
The San Francisco call., 1899-10-24
THE SCENE OF ACTION IN NATAL.

ONDON Daily publishes following dispatch
/ from Ladysmith, dated Sunday night:
large force under Commandant General oubert and
fire
inued to-day The result not known here"
Telegraph Ladvsmith
dated Sunday m.
The Beers reported to be 5000
Ouber
to-day attacking Glencoe.
General Yue commanding troops has camp
into better defensive positon.'
dispatch 4 yesterday afternoon just yaaa
Of
rnTed rbet Uvohn1
LOW
6uI Junction.
Sir
dfch part n0Unu z0rus EhudsLa
cM the
GyaH Hntro H the Eundsa
yaudo NatuU
Elm
fceroeaed George COM
IL dHe1 al JynuthC amp p M today
dat Dndeynp
the eha4z
II to a a1enng
The San Francisco call., 1899-10-24
General Laws
Control
Municipalities.


is subject to and controlled by general laws
lating to municipal affairs, unless by virtue
of some provision of the charter under which
1t exists and is acting such municipal affairs
may be engaged in and performed by it. The
clause is to receive a distrbutive construction,
and is to be read as if its language were:
ganized, and every charter thereof framed or
adopted by authority of this constitution. ex-
cept in it's municipal affairs. shall be subject
to and controlled by general laws"
We have seen that the provisions of the act
of March 49, 1878 relating to the division Of
San Francisco into election precincts were
Code in 1889, and that from that date these
provisions of the Political Code constituted the
only law upon that subject which was appli-
cable to San Francisco. 1t may be conceded
that each Of the elections herein considered,
as we'll as the creation or consolidation of the
precincts at which the elections held. is
a municipal affair, but since the amend
ment to the Political Code in 1889 there has
been no provision in the charter of San Fran
cisco relating to the creation or consolida-
ton of election precincts the city subject
to and controlled by the general laws exist
ing in reference thereto Section 1139 of the
Political Code in force within the city
and county of San Francisco at the dates Of
these elections, and under this section the
consolidation Of the election precincts for the
purpose of these elections was within the
power conferred upon the Board of Election
Commissioners.
Inasmuch as the board had the power to
consolidate the precincts from time to time,
fl
The San Francisco call., 1899-10-24

their bleeding way until the final ridge
was neared, with nearly every officer
down.
..Then, slammng every available man
into the firing line, Manchester, Devons
and Light Horse all mixed, with bugles
chanting to advance, bagpipes shrieking
and the battle a confused surge, our men
The San Francisco call., 1899-10-24
Authority to
Consolidate
City Precincts.

ity to consolidate the election precincts ire
spective of this statute. it had the right to
adopt its provisions in this respect as the
basis of its consolidation, even though the
Legislature had no authority to enact the
statute IT IS unnecessary, therefore, to de-
ternline whether this statute is obnoxious to
the charge of being special legislation,
whether it within the power OF the Legis-
lature to enact
The provision in section 1129 that the pre-
The San Francisco call., 1899-10-24

with the act relating 10 the election of Free
holders and charters. approved March 81, 1897
(Statutes of 1897, p. 2S0 and that the number
of votes for each special election precinct be
estimated at $50. or as near thereto as possible
The Superior Court rendered judgment in fa-
vor of the defendants. and from this judgment
and an order denying a trial the plaintiff
has appealed
The grounds urged in support of the appeal
herein are that the act of 1897 is unconstitu-
The San Francisco call., 1899-10-24
Meaning of
the Words
Municipal Affairs.


word business
(See Morrison vs..
Bachert. 112 Pa St 322) Although it may be
difficult to give a definition of the term ''mu-
nicipal affairs" as used in this section, which
win be exhaustive of precise, il cannot be held
that the erect Of the amendment Is 10 pre-
clude the Legislature from enacting laws
relating to matters which might be made the
subject OF municipal control, or that all mu-
inequalities exempt from all general laws
which the Legislature may enact 1t has been
decided so frequently that 1t may be said 70
have become a maxim in Jurisprudence thai
municipal corporation has only such powers
given to 1t by its charter and that il
must find authority in its charter or under
some general law for every municipal act
which it may perform The municipal affairs
of any individual municipal corporation are.
therefore, such affairs only that municipal
lty has the power to engage in or perform. and
greatly from those of any other city-and this,
too. whether the charter of the city has been
conferred upon it by the Legislature, or has
been framed by q Board of Freeholders of its
own choice. and afterward adopted by its citi
Zens ana approved ny the Legislature IN
either case the municipality can exercise only
the powers found in its charter If. however,
the charter of a city. whether given to it by
the Legislature prior to the constitution of
1879. or framed by a Board of Freeholders. con-
tains no provision in reference to subjects which
might have been included therein that city or
its habitants is not thereby freed from legis-
lative control. The Legislature is vested with
the aw-making power of .he State and the
general laws passed by it have force in all
parts of the State unless by virtue of some pro-
vision in the constitution such effect is limited
elsewhere
city cannot claim to be exempt from gem,
eraI laws relating TO municipal affairs if there
is no provision relating to such affairs in the
charter under which it is acting whether such
charter is che framed by itself was given
to it by the Legislature. If in framing it's
charter its Board of Freehoders should make
no provision for public library, for the
Improvement of it's streets the general laws
upon those subjects would he operative with
in that city. 1t is not within the constitu-
tional power of the Legislature by approving
a Freeholders' charter which fails to make
provision upon subjects pertaining to munici-
pal affairs, to exempt that city from being
subject to legislative control in reference to
those subjects the city secure eXemp-
tion from such control by emitting to make
such provision in its charter. If by adopting
a charter which failed to give to it power
to act upon affairs which properly munich
pal city could be freed from any legislative
control in reference to those affairs either by
itself or by the Legislature, that city would
become a veritabe Alsatia.
Under these considerations it must be held
that the exception in the above clause in sec
The San Francisco call., 1899-10-24

to il desirable or
proper. this pow
er was not di-
minished or it's
exercise impair
ed by the fact
that the board
purported to ex-
ercise 1t under
the act of 1897.
II IL .I
The San Francisco call., 1899-10-24

tiOn 8 of article
%I, placed there
by the amend
ment of 1896, ap-
plies only to such
municipal affairs
as are within the
power of the par
ticular municipal
ity to perform,
and that every
OiTv in tho Crafa
The San Francisco call., 1899-10-24

tlOnaI. ana tnat,
inasmuch as the
elections for Free
holders and upon
the adoption of
the charter We're
held in conformi-
ty with the provi-
sions of this act,
instead of under
the provisions of
The San Francisco call., 1899-10-24

CLIIN NVUENNF NENN1
election precincts
''as soon after
each general cleo
ton as convent
ent, not to exceed
ninety days. BY
the amendment to
section 1927 of the
Political Code the
board is required
IN divide fhe CitV
The San Francisco call., 1899-10-24

IT NININI VT ,
and county to be
redistricted into
special election
precincts for the
purpose of said
election, and con-
solidated the 313
general e ! ection
precincts / n t o
which the city
had heen divided
The San Francisco call., 1899-10-24

ing to be given tc
the term 'mu-
nicipal affairs, -
as used therein.
The term af-
fair is a word of
wide import. and
has been held to
be more cOmpre-
hensive than the
word business. -
fSep Morrison vs.
The San Francisco call., 1899-10-24
BRITONS AND B0ERS WHO
FELL AT GLANDS LAAGTE

! LONDON, Oct. 23-An amended
, list Of the British casualties at the
} battle of Glands Laagte places the
} number of officers killed at five and
J the wounded thirty, and the num-
} ber of on-commissioned officers
} and men killed at thirty-seven and
wounded at one hundred and seven
ty-hve, the total number of casual
ties being two hundred and forty
seven. Ten men are missing. The
following list Of casualties among
the Beers in the battle at Glands
Laagte is given:
GENERAL VILJOEN, killed.
GENERAL KOCK, wounded and
captured; since died.
} COLONEL SCHIEL German otti-
! Ger commanding the army wound
! and a prisoner.
COMMANDER PRETORIOUS,
wounded; prisoner.
Several Boer standards captured.
!. BRITISH CASUALTIES.
The following is an official list of
, the British casualties at the battle
Of Glands Laagte:
lWFET\thL GiOl I TIoNoC.
KILLED.
COLONEL OTT-CHISHOLM.
WOUNDED.
l MAJOR SAMPSON.
CAPTAIN ORR
CAPTAIN MULLENS.
LIEUTENANT CURRY.
LIEUTENANT SHORE.
LIEUTENANT BARNES.
LIEUTENANT FORBES.
LIEUTENANT CAMPBELL.
IIEUTENANTN NORMANS.
sSECoND BATTERY FIELD AR.
TILLERY.
WOUNDED.
) CAPTAIN CAMPBELL.
LIEUTENANT MANLEY
STAFF CAPTAIN BROOKE, Sew
enth Hussars.
eFIRST DEVONSHIRE REGIMENT
} WOUNDED.
CAPTAIN LAFONE.
The San Francisco call., 1899-10-24
HOW GLANDS LAAGTE
WAS LOST AND WON

LONDON. Oct. A.-The Daily Mail pub
The San Francisco call., 1899-10-24

Continued on Third Page.
The San Francisco call., 1899-10-24

amended Involves a determination of the mean.
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01

During the summer we are liable to
stomach and bowel troubles, such as
diarrhoea, cohc, cramps, ETC., for which
DR.. NJ. A. Simmons liver medicine is
highly recommended.
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01
THE FEMININE OBSERVER.

Even fruitless effort is better than la
ziness.
To die alone isn't half so sorrowful
as to live alone.
The woman with small feet is not apt
to wear shabby shoes.
The hateful things we say are not
half what we feel at times.
A woman can annoy man more by
excessive fondness than by absolute in
difference.
A woman may be an adeptat fibbing,
but you rarely find one who is q good
story-teller.
1t isn't always the house that looks
the prettiest from the outside that is
the most artistic within.
Isn't it strange that when the worst
that could happen does happen it does
not seem so very bad, after ALL
I silk umbrella doesn't keep off sin
gle drop more rain than q cotton one,
but somehow you feel dryer under one.
Home may be woman's particular
kingdom, but monarchs we know are
fond of taking pilgrimages into other
domains.
There is nothing on earth that SO ex-
asperates woman as to have a man alb
sorbed in his newspaper when she
wants to talk.
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01
Popular Songs and Dance Music Of 'oo.

Jos. W. Stern & Co., the music pub
fishers, havz removed to new offices at
"a East 21st street, New York City.
The reputation of this firm as "The
House of Hits" is as wide as the con-
tinent, and their offerings for the pres
ent season embrace the most attractive
they have ever put forth. All New
York is singing their latest ballads, in
'cluding Taggart and Wits great song
drama, "The Moth and the Flame. 3"
and new romantic song of the sea,
swat Till Ny Ship Comes In;'. Brais-
ted and Carters beautiful ballad "The
Girl I Loved in Sunny Tennessee, I"
and the famous ''She was Bred in Old
Kentucky;;" Witt and Roden's "My
Little Georgia Rose" and Dave Mar
ions "Its Not What You Were, Its
What You Are Today" In coon songs
which must be good nowadays to live
at all, Messrs Stern & Co., lead with
Dave Lews' captivating "My Alabama
Lady Love, Ed Rogers fetching "My
Oriental Coon" Dave Reeds "My
Hannah Lady" and Williams and
Walkers comic "Why Don't You Get a
Lady of Your Own?" Max s. Wits
lovely waltzes, "The First Violin, :"
head 4he instrumental list, that shows
also H. r. Stern's lively cake walk,
"The Tennessee Jubilee" "A Rag
Time Skedaddle," by George Rose,
the great march composer; "My Lady
Love-" waltzes, also by Mr.. Rosey;
and Boardin House Johnson" new
coke walk by Sadie Konisky, com
poser of ''Eli Green's Cake Walk" :"
Messrs. Stern & Co. have issued a new
catalogue which they will mail on ap-
plication. a-
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01

mus we would nave homemade I'M
perialism, and the other fellows the
imported article. And we would be
right here now to say that neither ar
ticle is good for the common people of
any country, if we did not fear the
Cuban and Filipino would "feel to
be encouraged" by us to fight some
more.
But the Cuban and Filipino troubles
are ended, Indeed, after reading last
weeks republican papers we are in
clined to believe we never did have
any trouble out there. None, of course,
but what anti-imperiallsts are response
BILE for. True, Aguinaldo's armies
have not been seriously hurt, but have
run and we after them some so miles
until Aguinaldo has got word and torn
up the railroad, and it is supposed
some of his men have gone to the
mountains-two things he perhaps
should have done more or less from the
start. But Gen. Lawton is fixing to
carol them some more and wealthy
Tagals are negotiating for peace; the
thing is ended unless Aguinaldo OBJ
jects. And all things are equally
lovely in Cuba, although the fighting
Cuban seemed never before so near
open revolt as now. If they do any
thing, however, anti-expansionists are
to blame for it; the refusal of this peo-
pie to lay down their votes in the in
terest of imperialism has induced the
Cuban to hold on to his arms, valuing
his liberty at something over $75 in
case of an accident.
We learned also by last weeks pa
pers that the republican is an anti
trust party. Not that the party, being
in power in the national and many
state governments, proposes to legls-
late against trusts, but will put an anti
trust plank in the next national plat
form. Because that will do the work
for the trusts, and if not, will humbug
the people, which is the important
thing after all. Those unthoughted
persons who imagine the party which
favors the tariff trust would also favor
the smaller trusts formed under or be-
hind it, are altogether off. The party
is against trusts, and the fact that it is
not convenient to do anything in con-
gress and state legislatures against
them is the more reason why the party
should come down on trusts like thou
sand of brick in the national platform.
Now, on bright, don't you know that
the same fellows who are benefited by
tariff are also benefited by trusts and
that you can't afford them in either
case? If you offend manufacturers
by antitrust legislation and goldbugs
by not passing the Gage or monetary
commission bill won't you be pretty
near out OF both soap and soft solder?
You can't humbug those fellows.
Congress has no power? Couldn't
withdraw tariff protection from those
in trusts could you? Of course you
couldn't; wouldn't have any tariff left,
worth talking about. You could go at
'em on public welfare" if you and
your supreme court wanted to; the
trouble is you don't want to outside
the platform which hits.nobody but the
voter. Is it not fact that man must
have so much wealth before he comes
on the plans of republican solicitude?
Therefore something will be done to
defend the innocent investor" in
trusts but nothing for the consumer of
trust products. T. J. RIPLEY.
Home, Tenn.
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01
Fashion Facts Worth Knowing

Bright red silk or wool jackets and
sweaters owe their popularity to the
present craze for golf.
Princess ties are the fashionable neck
gear. They are made Of silk over a
high stock and have short bows and
long ends in front.
The newest sleeves fit like glove
from wrist to shoulder.
Plain buttoned, or clasped, gloves,
fitting snugly, are now worn on all oc-
casions.
White wash-gloves will be used again
this summer for street wear and for
outdoor sports.-From Current Fash
ions, in demorest's Magazinefor June.
The comet. (Johnson City, Tenn.) 1884-1916, 1899-06-01
NEW ROAD LAW.
A Condensation of Its Most Important
Provisions.

ASNAoAOAos
/. A Road Commissioner is to he
elected by the county court every two
years, who shall have general supervi-
sion over all the highways and bridges
in the county. His compensation shall
be 50 per day for actual service in coun-
ties of less than $4,000,
2. The county court at January term
every two years, shall define the bound
aries Of all highways and sections of
highways in the county, and fix the
number of days of labor required of
those subject to road duty, which shall
not be less than nor more than days
in any one year. Road work must be
done during the months of May, June,
July, August and September, and not
earlier or later except for necessary re-
pairs. One subject to road duty may
commute by paying to the commission
er or contractor so cents per day on or
before the time fixed for working.
Punishment is provided for road hands
willfully failing to work when notified.
3. A tax levy of not less than 10 nor
more than 40 cents, advalorem, shall be
made each year by the county court.
4. An amendment requiring the road
money collected in each district to be
expended upon the roads of that dis
trict.
s. The most important provision of
the law provides for the working of
roads by contract and abolishing the
present system of road overseers. The
road commissioner is authorized to re-
ceive bids and make contracts each
year to keep roads in repair, by Sec
tions. In case of failure to receive sat-
isfactory bids, the commissioner and
chairman of the county court shall
make private contracts to the best adj
vantage possible. The contractor is to
have the benefit of the labor of the
road hands assigned to its section.
More than one section of the road may
be let to the same contractor if deemed
advisable. Contractors are to make
good bond for the faithful discharge of
duty. Contractors are to furnish their
own tools and other material used in
the repairing and construction of roads.
Who is-to pass upon the efficiency Of
their work the act does not state.
6. In regard to details of road con-
struction, the law requires that bitches
shall be maintained on each side of the
highway sufficient to drain the road
bed. No road shall be in running
streams where avoidable. Mile posts
and sign-boards shall be placed where
needed.
7. County workhouse prisoners may
be let by the chairman to contractors.
Eight hours shall constitute days
work on the roads.
AS whole, the new law is an i'm
provement upon the old. A great deal
depends upon the commissioner. He
should be man of intelligence and re-
sponsibility, with at least fair knowl-
edge Of scientific road construction and
the special needs of his section, with
ability to fix certain grade of excel
lence and authority to force contractors
to come up to it.