davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1903-12-13
AROUSE CLERGYMAN
AND CLERK FROM BED
Vows Taken With Only Official
and Pastor Present and the
Couple HE Themselves Away
to Ranch for Honeymoon

Members Of the Bohemian and Ccs-
mos clubs who are wont to congregate
within the walls of those two exclusive
establishments during the late hours
of the afternoons missed from their
midst yesterday one Of their associates
in the person of Edward K. Clarke, but
later their anxiety as to his where
abOuts was relieved by a startling
piece of news which furnished food for
pleasant gossip until long after night
had cast its shroud upon the city.
Clarke fOrsoOk his club haunts on
Friday afternoon and crossed the bay
TO Oakland, where at a few minutes
after midnight yesterday he was mar
ried. the bride being Mrs. Rosalind H.
Bower. Not the slightest intimation
was given by Clarke to his many
friends in this city Of his matrimonial
intentions.
He quietly secured his wedding ring
the previous day from a downtown Jew
elry firm. sauntered up to the Bohe-
mian Club, where he spent an hour or
so, and then disappeared Friday, by
/ appointment, Mrs. Bower and Clarke
met in Oakland. Before they had real
I
closing the County Clerks Office had
come and gone and as evening ad-
vanced the couple began to appreciate
their annoying perplexity. for without
a license their marriage could not be
performed. In the midst Of their di-
lemma the prospective groom suddenly
thought Of his friend, Ray Baker. the
Deputy County Clerk Of Alameda
- -
fore midnight and gladly went TO the
assistance Of the despairing pair. The
trio Immediately proceeded to the
County Clerks office. where the license
was quickly issued, and from there the
/ journey was made to the home Of the
Rev. Mr.. Van de Mark at $40 Eleventh
street, and the minister was aroused
from his slumbers and told the mean
/ ing of the midnight visit After a
short wait he appeared and the cere-
mony was duly performed.
4 Clarke is the son of Mrs. jeremiah
I Clarke, one of San Jose's we'll
4 known society women, who is now
travelling in Europe. Her husband has
/ been dead for many years. but he left
a-Iarge estate, and the sons share was
4 in the neighborhood of $500, 900. He has
only recently returned from a tour
through Europe himself. He was mar
ried in much the same way several
years ago. but his wife died about a
year ago, and this is his second ven-
ture.
Mr.. ard Mrs. Clarke have gone to
/ his Los Guilieos Valley ranch in So
noma County to spend their honey
moon, at the conclusion Of which they
will return to this city TO reside for
I the winter, preparatory to a trip East
The San Francisco call., 1903-12-13
WILL HOLD ADDITIONAL
POLICEMAN'S EXAMINATION
Civil Service Commission Decides to
Fill Up Exhausted Eligible List
Next Month.

The Civil Service Commission de-
cided yesterday to hold an additional
examination for positions of patrol
men in the Police Department on
some date in the latter part of next
month, yet to be selected. The COM
mission ascertained that there are now
but eight names on the eligible list of
policemen and these are likely to be
exhausted at any time by reason of
acquisitions made by the Police Com
mission.
The Civil Service Commission is de-
sirous of securing an eligible list of at
least $50 to be ready in case of any
emergency that may arise. The exact
date for the examination will be de-
cided upon at next Monday nights
meeting.
At the same meeting the commits
sion will issue the eligible list for cap
tains in the Police Department. There
are two vacancies to be filled, accord
ing to Commissioner Rogers. One is
to succeed the late Captain Birdsan
and the other Captain Dunleavy, who
is said to be desirous of retiring from
active duty.
The San Francisco call., 1903-12-13
PLEASED WITH
Her SENTENCE
Judge Cook Orders Mrs. Eta
Fitzgibbon Confined in San
Ouetin for Fourteen Years

How much did you say, Judge p
oueried Mrs. Eta Fitzgibbon when she
had been sentenced by Judge Cook
yesterday morning to serve fourteen
years in San Quentin for assault to
commit murder.
Fourteen years. replied the Judge.
What. forty years?'
No. fourteen years" and the Judge
raised his voice. =
"Oh. well, that amt so bad" and a
smile overspread the prisoners face.
Mrs. Fitzgibbon fired five bullets
into Joseph Z. Gagan, a young man,
at her rooms at S73 Market street on
Nav 8. When she came up for trial
before Judge Cook a question was
raised as TO her sanity. She was tried
and convicted of the charge of assault
to murder, but when examined by the
Insanity Commissioners they declared
that she was irresponsible and she was
sent to the insane asylum at Napa on
october 10 and sentence suspended.
Last Tuesday DR.. Elmer E. Stone,
medical superintendent at the asylum,
sent a certificate TO Judge Cook that
in his opinion. the woman was not in
sane. dlInOuSn a QtBGllSAdNC VI eAAC
criminal type, and should be punished
for her crime.
When she appeared for sentence
and was asked if she had anything to
say she made a rambling statement
that she defended herself because she
was being choked. The Judge said it
was not the first assault Of the kind she
| had made. He thought when she was
! brought before him that she was not
/ Of sound mind and the Commissioners
! found her so and sent her to an
/ asylum, but the authorities of the
! asylum had sent her back. He said
/ he thought they had better be there
little longer and know their busi-
ness better before they undertook to
set up their opinions against several
reputable physicians here.
The woman had been restored to
| capacity, however, and he was salts
fed she was not a proper person to be
at large.
The San Francisco call., 1903-12-13
Grundman Jury ImpaneIcd.

The remaining five jurors were Sc
cured Friday afternoon in the case
Of Frank ]. Grundman, charged with
the murder Of Sheridan c. Chipman
at the Offices of the Southern Pacific
Company, Fourth and Townsend
streets, on the afternoon of March "a.
The trial will be commenced on Mon
day morning. The twelve jurors are
D. W. Lohsen, 1912 Scott street; j.
Feigenbaum, 2713 Clay street; John
A. Gill, 1873 Grove street; ]. w. AL
len. 7s4 Capp street; Wolf Rosenberg,
2264 Franklin street; w. H. Jardine.
205e Van Ness avenue; H. Blum, 1910
Kearny street; Abraham Eber, 1921
Ellis street; John T. Welby, 445C Te-
hama street; Jerome Kendall. 119
Valparaiso street; Walter Hinckley,
37OS Seventeenth street. and j. H.
Stevens. 80 Valencia street.
The San Francisco call., 1903-12-13

the law on the subject is plain. A pc
tition for rehearing and for a re-
submission of the case to the court in
bank will undoubtedly be filed by the
contestants. Rehearings are rarely
granted and more rarely is change of
decision affected
Ruef contends that the courts opin-
ion establishes the right of the Mayor
to remove county officers as we'll as
his own appointees, and some of the
city's leading lawyers seem inclined to
agree with him. 1t would appear from
the argument that the -Iayor has the
right at least to suspend county. Off
GERS in accordance with the charter
provisions.
When Mayor Schmitz attempted TO
put County Clerk Mahony on the rack
and to throw the doctors appointed by
Phelan off the Board of Health he was
stopped by the courts The Supreme
Courts opinion shows that he acted
within his rights in the second case
and gives the inference that he was
right in the first.
1t is not at all unlikely that Hutton
will be sorry that he did not act as
was expected of him on the Police
Commission, and that Casey may go
back to his team with the regret that
he, like Caesar, became 'am-itious
when elevated to a high position. Some
of Phelan's appointees are also some
what alarmed. although the gratified
Ale Ruef declares that there will be
no unnecessary" removals.
The San Francisco call., 1903-12-13
MAYOR SCHMITZ is
GRATIFIED TO SEE
ACTION SUSTAINED

VDO not contemplate any
wholesale removals, because
/ there is no necessity for such
action on my part. All 1 care
TO say is that the decision is
very gratifying to me, as 1t
practically indorses my course
I'm my attempt to remove GER
tain derelict officials, notably
the members of the Board OF
Health appointed by my pre-
decessor in office. The decision
shows that i acted i'm accord
ance with the law as laid out In
the charter and that 1 did not
ovcrstep my authority in the
least when 1 notified those Of
ficials that i had removed them
for cause. Injunctions were
served upon me and L was pre-
vented from carrying out the
law as understood it. / do not
think that / will take any un-
due advantage which the deci-
sion may afford me.-Mayor
Schmitz on the decision.
The San Francisco call., 1903-12-13
Ten Restaurants Closed.

Only ten OF the forty restaurants
that closed their doors at the request
of the Restaurant Keepers Associa-
ton are closed. A large number open
ed for business yesterday by permis-
sion, but will not sign the agreement
sent them by the union. No confer
ence was held yesterday. Those that
opened agree to close again when
called upon by the association
the marooned watchman the interval
seemed more like forty hours. He
was not sure that the fisherman haa
understood and this uncertainty add
ed to the certainty that the barge
could not float much longer, gave an
uncomfortable trend to his thoughts.
An examination of the barge made
Yesterday showed that some Of the
rock from the blown up pinnacle had
pierced her bottom. Soundings re-
vealed a serious flaw in the dynamite
advocates theory. The pinnacle no
longer existed as such, but in its de-
struction the explosive had torn up
rock in all directions and piled it in
a towering cairn-
Where there had been only a small
shaft to be dredged there is now a
massive pile of debris, all OF which
must be moved before Wakefield &
Co. can consider their contract COM
pleted.
The San Francisco call., 1903-12-13
COURT DIsAGREEs.

The court refuses to entertain any
such view of the case. In speaking
of the claim that a public office is a
property right, the Justices say:
There is no doubt that it is erroneous.
A public Office is mere public agency
created by the people for the purpose
of the administration of the necessary
functions of organized society, and the
agency may at any time be terminated
by the power which created it
The contestants also averred that
the Mayor in removing an official ex-
ercised judicial power with which he
is not vested. The court admits that
the authority on this point is conflict
ing. In some cases it is adr..itted that
the Mayor cannot remove an official
without giving both a notice and a
hearing Where the Mayor appoints
officials. however, he has the author
ity to remove them for cause, says the
court. Otherwise, it is said. the judi
ciary would have to superintend the
administration of the executive depart
ment Of government.
IT is explained that the appointments
are made by the Mayor as an official
and not as an Individual, thus opening
the way for the removal of municipal
officers appointed by predecessor. 1t
is set forth clearly that the authority
to dismiss an official for cause is vest
ed wholly in the office of Mayor, and
that his actions along such lines are
not subject to- review.
MUST STATE REASONS.
He must, however, send a communi-
cation to the. municipal legislative
body giving notice of the removal and
stating his reasons therefor. The City
Council of San Diego or the Board of
Supervisors of San Francisco may not
interfere, even If the removal is re-
garded as unjust The official who
may be affected has no redress at law,
according to the decision.
The Mayor must send him a note ac-
quainting him with the fact that he is
minus his position. He is not entitled
to hearing and may be left to guess
why he has been removed. The court
says that the Mayors action in such
cases is summary and without ante
cedent proceeding.
The removals, in the language of the
Justices, must be for cause" but not
| is left entirely to the Mayor to deter
mine what shall constitute cause. "
Every contention of the contestants is
knocked fiat by the Justices in their
review of the case.
The opinion Is written by Justice Lu-
cien Shaw. with whom Justices An
gellotti and Van Dyke directly concur
| No one dissents, which is evidence that
The San Francisco call., 1903-12-13
Burglars Stin Active.

Burglars that have been operating
in the Western Addition still elude ths
detectives and Friday night they
broke into the residence Of A. Reese
at 1916 Waller street, and, IN additioD
to $50 in coin, secured valuable Jew
elry and clothing. The crime was
committed while the family was
absent at the theater. The saloon OF
Simpson & NeiH was looted early yes
terday morning. The cash register
was opened and s55 in cash taken.
The San Francisco call., 1903-12-13
ALLEGED Runko Man Takcn.

Joseph Sylvester was arrested yes
terday afternoon by Detectives Ryan
and Taylor and Patrolman Jim Cavan-
augh on Kearny street and his name
entered on the detinue book at the
City Prison. 1t is alleged that Syl-
yester is one Of a trio of bunko men
that feeced Luigi Bonfanu, laborer
from Redwood City, out of 500 on
April 30 Of this year. The crime was
committed in Oakland. Sylvester will
be taken to that city for trial.
The San Francisco call., 1903-12-13
GIANT POWDER
WRECKS BARGE
Night Watchman on a Craft
Moored at Blossom Rock
Narrowly Escapes Drowning

The dredging barge moored at
Blossom Rock foundered on Friday
right as a result of having her seams
Jared open by a blast of dynamite
and in the sinking of the craft Joseph
Lupke, night watchman for the con-
tractors. narrowly escaped death by
drowning.
Wakefield & Co. have the contract
for removing enough off the top of
Blossom Rock to bring its highest
peak thirty feet below the level of low
water. The barge. which has been
moored near the rock during the op-
erations, was equipped with a dredg-
ing derrick. and diving gear. The
divers. engineers and laborers engag-
ed on the work were taken ashore
each afternoon and the barge left in
charge of Watchman Lupke.
The contract was almost completed.
Soupdings showed depth of thirty
feet in all but one place and that
where stood a pinnacle of hard. OBJ
stinate rock Dredging had been.
slow work, but certain, and the orig
inai intention was to have dredged
away that remaining pinnacle.
EMPLOYE HAS SCHEME.
Il have a scheme for finishing this
lob at one stroke" announced an en-
ploye He suggested dynamite and
proved in theory that the explosive
dredgers teeth could accomplish in
week. Previous experiments with
giant powder had been disappointing,
but the enthusiasm of the man with
the idea prevailed over the better
Judgment of the contractors and a
small charge of the explosive was
loaded, under the employees direction,
at the base of the pinnacle.
The dynamite was exploded on Fri
day. just before the men left for the
night. A great commotion followed
the explosion, the force of which
heeled the barge on her beam ends
She righted and, being apparently
none the worse for the jar, the day
workers went ashore.
About o'clock Lupke heard water
swishing in the hold. He rigged a
small pump. but soon found it's pow
ers of suction all inadequate to cope
with the flood that poured through
the rapidly opening seams. The fast
er he pumped the higher rose the
water and when the deck began TO
look like lake Lupke realized the
seriousness of his predicament
HALLS FISHERMAN.
A belated fishing boat just then
hove in sight. Lupke hailed the fish
| erman and asked him to send assist
ance from the shore. The fisherman
understood and notified C. A. McNeiIl.
the boatman, who dispatched launch
to Lupke's aid and at 9 O'Clock the
night watchman was rescued from the
| then waterlogged barge.
The water was knee deep on deck
when succor arrived, but the watch
mans physical discomfort was slight
compared with his mental suffering.
| Help reached LuDke forty minutes
| after he hailed the fisherman, but to
The San Francisco call., 1903-12-13
REMOVES OFFICIAL.

Mayor Frank P. Frary OF San Diego
sent a letter of dismissal to Fire Com
missioner e. j. Carter. The last named
official thought the city's chief execu-
tive lacked the authority to take such
action. and appealed to the courts
through a petition for a writ of certio-
rari. The lower court denied his petit
ton, and an appeal was taken to the
Supreme Court.
The language of the charters of the
municipalities of San Diego. and San
Francisco happens to be practically
identical in respect to the Mayors pow
er to remove appointees for cause. 1t
is stated in the charters that the
Mayors shall appoint all officers whose
election or appointment is not other
wise specifically provided for in the
charters or by law; that they shall
have power to remove, for cause, any
persons holding office by their respec-
tive nominations or appointments, and
that in case of such removals written
notices thereof shall be filed with the
respective municipal legislative bodies.
In view of this similarity in the pro-
visions of the two charters the lawyers
all agree that this decision in the San
Diego case applies directly to San
Francisco, and the Justices of the Su-
preme Court were formally apprised of
such contentious through the brief filed
by Abe Ruef The attorneys for Car
ter and amica curiae asserted that pub
lie office is property. which may not
The San Francisco call., 1903-12-13

be taken from any individual without
due process of law. Various legal opin
ions are quoted in support of this con-
tention
The San Francisco call., 1903-12-13

California calendars and art souvenirs
for the million Sanborn, Vail & Co., TAI
Market street
The San Francisco call., 1903-12-13
SCIENTISTS CONCLUSION.
on this point DR.. Loeb states his
10 be as follows:

conclusions TO be as follows:
We must draw the following conclusions
from these experiments. Either the distilled
water acts IN a toxic way by entering into
fhe tissues IN which case however the tis-
sues of tho animal must be just as permeable
Tor the sugar as the distilled water: or the
toxic action of the distilled water for Cam
rnaIus Is dependent especially on the fact that
certain salts or ions diffuse from the animals
iuto the distilled water. With this assump-
uon IL would be clear without further dis
russion. why an isosmOtic or a dilute sugar
solution is Just as poisonous for the animal
IS distilled water. Whether the permes bilitv
~ the superficial layers Of the cells is changed
or not cannot be decided by direct observation.
Another striking demonstration ex-
pertinent was DR.. Loeb's discovery that
distilled water increases in toxicity II
all the salts contained in sea water.
with the exception Of sodium chloride.
be added 10 1t N the concentration in
which they are contained in sea water.
For the more practical uses Of in
vestigation DR.. Loeb proposes that the
marine animals be divided into three
groups according to their behavior to-
ward distilled water, the division 10 be
- foiiows-
yThe first group consists of forms FOR which
distilled water IS entirely harmless. To this
group animals such Fondulus belong. The
eggs Of this animal do not swell II they are
brought suddenly from sea water into distilled
The San Francisco call., 1903-12-13

The Mayor of San Francisco may re-
move at pleasure all officers appointed
by himself or his predecessors. The
modus operandi is to send commu-
nication to the individual affected say
ing You are removed for cause" The
proceeding is not subject to judicial re-
view Such is the effect of a decision
rendered by the Supreme Court yester-
day
The politicians are practically unan-
imous in the assertion that this means
that Drs r. w. Baum, w. B. Levitt
and V. p Buckley survivors of the
Phelan Board of Health; Michael Casey
of the Board of Public Works and H.
W. Hutton of the Police Commission
will be the first to get the AK. AS the
decision distinctly states that the ap-
pointing power is vested not in the in
dividual, but in the office, other ap-
pointees of ex-Mayor Phelan may also
be turned out into the cold world.
The court has thus greatly increased
the autocracy of the government Of
San Francisco. Attorney Ruef assev-
Grated last night that county officers
were also affected by the decision. The
opinion does not make any such state
ment though it leaves the question
open to argument or further litigation.
The case on which the Supreme Court
decision is based had its origin in the
city of San Diego. When the points in
volved became known to local politi-
clans Ruef intervened with a brief The
whole thing has been done very quietly
and few outsiders had any idea that the
local dispute would be settled until a
decision had been rendered in the
Board of Health case. The opinion is
sweeping in its terms and not a Justice
dissenfs
The San Francisco call., 1903-12-13
Asserts That Alteration Of
Serum Renders the
Fluid Toxic.
Conclusion Reached in Experiments
With Sea Animals in Vari-
Gus Solutions.
Berkeley Office San Francisco Call,
ll48 Center street, Dec. y.

Professor Jacques Loeb Of the physi-
illogical department Of the University
Of California has just completed a
series Of experiments TO ascertain the
relative toxicity 10 marine animals Of
distilled water. sugar solutions and
solutions Of the various constituents
Of sea water that have produced re
markable results.
The experiments have led the distin-
guished physiologist TO no less a con-
clusion than that sea Water is physi-
ologicaIly balanced salt solution for the
animals contained in il, and that the
serum Of an animal is a similar solu-
ton in relation 10 the tissues Of an
animal
1T is a solution" says DR.. Loeb, in
which there is a mutual prevention Of
the poisonous actions which the indi-
viduaI constituents have If they are
alone in solution. If the changes Of
the concentration Of the individual
constituents Of such a physiologically
balanced solution take place within
certain narrow limits one can call
forth in the tissues properties which
they do not normally possess, such as
the artificial parthenOgenesis, rythmi-
cal tWitchings and the increase in the
irritability Of the muscles and nerves.
an Of opinion that this point Of view
viii prove fruitful in pathology. espe-
ciaIly in the study Of nervous dis
eases"
The experiments were carried on
with marine animals, they being sub
sected to distilled water and other So
lutions 70 determine how long the res
piratory movements persisted. They
were suggested by the discoveries of
other investigators, who made expert
nents on the cause Of the poisonous
action Of distilled water on marine an
finals. which led TO the unexpected re
suit that certain animals die as quick
" in sugar solutions isosmotic with sea
water as in distilled water.
DR.. Loeb found that If the species
Camnarus be transferred suddenly
from sea water into distilled water the
breathing OF the animal always ceases
in about half an hour, and sometimes
much sooner. If the animals are re-
placed directly after the cessation OF
breathing back into the sea water they
recover. II about ten minutes or longer
elapSe no LtcDNIAg NahOS pa. hs
so4ourn in the distilled water causes
changes in the abdominal ganglia OF
the animals, which become in a short
time irreversible, and from this the
death Of the animal results.
At first DR.. Loeb was Of he opinion
that the entrance Of the distilled water
into the tissues was responsible fol
the fatal action; but he finds this idea
animals be transferred 10 a pure sugar
solution Of about the same osmoti,
Apressure as that Of sea water in which
they live the respiratory movement:
cease IN about as short time as il
distilled water. IN other words, a su-
gar solution almost isomotic with sea
water is just as poisonous as distilled
water.
The San Francisco call., 1903-12-13
WE'D WHILE
SLEEP LIES
upon CITY

E. K. Clarke, Well Known in
San Francisco Club Circles,
and Mrs. ROsalind Bower Mar
ried in Oakland at Midnight
The San Francisco call., 1903-12-13
SUPREME COURT SUSTA|NS BY INFERENCE THE ACTS
OF MAYOR SCHMITZ IN OUSTlNG DERELICT OFFIC

g m ~ yesterday ding Diego g
thu ~ ~y remove
casey rom