davidaulloa/AmericanStories huggingface dataset:
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-04
WORKING FOR PEACE.
Attempt Being Made 70 Settle Fall
River Strike.

Fan River. Mass. oct. 3.-Thc cot
tom manufacturers We're presented to-
day, with Z request that they meet the
Textile Union officials ut 4 conference
ana disc uss methods Of crding the
strike which has been on since July -.
The request Was made by thr Mrr-
chants Retail Association. which had
prepared a petition i'll favor Of su:il i
step. last WEEK.
I'll" petition was largely signed ~
local business men ana on S.tturel; II
was handed to Secretary james Nd
honey Of the Merchants Association,
who turned il over t. Secretary Hath
away ~ the Manufacturers .ASsoCiu-
ton. Tie matter was LAID before the
mill owners. today, but up 10 | T. NJ.
no reply h1G pten received. 1t is uu-
jerstOud thHt thu manufacturers win
1glrt to /! conference. but a. Vet Il is
unt known wh,t proposition will BE-
submitted by tLu+r pho are attempting
to arrange Il :, tti"ulcnt.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-04
Daily Ksnnebec Journal


JOCR&AL TELEPHONE, 117.a
T.CE-S0 Main ST.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-04
READY FOR FAIL.

You my think it's early to order the
fall suit bit it's better to have It under
way. The advantaSe is
First choice of material.
More time for careful work.
Better chance for satisfaction,
Ihe first pick costs no more and YOU
are sure 10 be satisfied.
Daily Kennebec journal. [microfilm reel] (Augusta, Me.) 1870-1975, 1904-10-04

N.uIl.mN.
The San Francisco call., 1904-03-02
JUSTICES HOLD
ON four YEARS
City Attorney Long Rules
They Will Not Be Chosen
at Next General Election
CHARTER INAPPLICABLE
Opinion Rendered That the
State Law Fixing Term of
Judicial Officers Prevails

City Attorney Long yesterday filed
an opinion with the Department of
Elections, in which he rules that there
are to be no Justices of the Peace
elected at the next general election in
November. Long says that in his opin-
ion the Justices elected at the last gen
eral election hold until the first Mon
day in January, 1907. The opinion says:
in receipt of your communication un-
der date of February 19 in which you request
an opinion as to the law covering the election
or justices of the Peace and asking whether
your department should follow the charter or
the general law of the State of California.
1t is we'll settled by the decisions of the Su-
preme Court in this State that a freeholders
charter cannot fix the powers and duties or re-
sponsbilities of Justices of the Peace. tPeo-
pie Teal S5 Cal. 333 Miner VS.. Reiben-
stein. So Cal. $685. People VS. Sands, 102 Cal
II; EX parte Reilly. 30 Cal 63S Ex parte
Giovannini III Cal. 573) 1t has also been
officers CKahn Sutro. ia Cal 316)
In speaking of city Justices of the Peace,
the Supreme Court. in People vs. Cobb 132
Cal. 176 said:
More accurately speaking. they, as well as
County Justices form part of the judicial sys-
tenn of the State; and both come equally with
In the provisions OF section 2 article 8. of
the constitution which authorizes the Legisla-
ture TO determine the number of Justices of
the Peace 10 be elected to townships incor-
porated cities and towns, cities ond
ties. and to fix by law their powers, duties
and responsibilities Under this provision the
Legislature has power to fix the terms of JUS
tiees OF the Peace generally
1t thus being the law that a freeholder's
charter cannot create Justices of the Peace,
nor fix the powers. duties and responsibilities
of Justices of the Peace and that Justices of
the Peace are judicial officers and part of the
judicial system of the State. the general law
should prevail and not the charter when il
comes to consider the term of office OF Justices
of the Peace of the city and county of San
Francisco.
The general law provides in section 110 of
the Code of Civil Procedure that the term of
office OF Justices of the Peace shall be four
years from and after - o'clock noon on the
first Monday after the first day of January
next succeeding election.
The San Francisco call., 1904-03-02
QUINN STARTS
LEGAL BATTLE
Civil Service Association
Member Complains of the
Acts of the Health Board
CHARGES A CONSPIRACY
Alleges Abolition of the
Offices Held by Emery and
Others Was but a PreteXt

The Association of Civil Service EN-
ployes Of the City and County of San
Francisco, through John z. Quinn, one
OF its members, commenced Injunction
proceedings yesterday against Auditor
Harry Baehr and Treasurer John E.
McDougald for the purpose of testing
the validity of the action of the Board
Of Health in abolishing the Offices of
secretary, assistant secretary and clerk
Of the board and of sanitary inspectors
an civil service places-and creating
the offices of deputy health officer and
inspecting physicians. The claim is
advanced by the plaintiff that the
boards action is a violation of the
charter provision establishing civil ser
vice. The action will come up for trial
on the 9Th inst, Judge Seawell having
issued temporary injunctions returna-
bic before him on that date, restrain
ing Baehr from auditing and McDou-
gald from cashing the salary demands
of the. new appointees.
The men affected by the Injunction
are Deputy Health officer Louis Levy
and Inspecting Physicians Goodale,
Jackson, Glover and Walsh. Those dis
placed are J. A. Emery, secretary of
the Board of Health: J. W. Cannon,
assistant secretary, and F. ]. Stanton,
clerk of the board. and Sanitary In
spectors DR.. r. E. Hartley, Jonathan
Green and DR.. H L. Curtis.
The ousted officials were regularly
certified civil service appointees. They
had served beyond the probationary pc
riod and had been given permanent
appointments by the Civil Service Com
missioners. Their removal" the COM
piaint Of yesterday recites, was ac-
complished under the guise, cloak and
color of abolishing the offices and was
the result of a conspiracy formed by
the Board of Health The abolition
is a violation of the provisions Of the
charter, pretext. subterfuge and
sham"
The court is asked to enjoin the Au-
ditor and the Treasurer from paying
the salaries of the new officials, on the
ground that they entail a useless. un-
necessary and illegal expense to the
city.
The attorneys for the plaintiff are
Franklin K. Lane, Wright & Wright
and former Judge Charles w. Slack.
The San Francisco call., 1904-03-02
WORK ON SAN FRANCISCO
BUILDING is COMMENCED
Bonus of $4,000 Is offered for This
City's Site at ST. Louis Exposi-
tion by SoecuIator

Work on the San Francisco muni-
cipal building at st. Louis has been
begun. A dispatch was received yes
terday from T. c. Judkins, who went
on to open bids and award the con-
tract for the construction of the
building. He accepted the lowest bid
which was for s11.SO0. The con-
tractor that will put up. the San
Francisco building erected the Cali
fornia State building at st. Louis. In
his dispatch Mr.. Judkins says that he
will be in this city to-day. He sup
poses that the construction work is
fairly in progress.
Secretary King of the general San
Francisco committee reports that a
bonus of $4,000 has been offered by
a speculator for the site assigned to
San Francisco on the exposition
grounds. The proposition was not
entertained by the committee. The
site will be retained and will be oc
cupied by the San Francisco building
and exhibits while the exposition lasts.
The San Francisco call., 1904-03-02
BAEHR AUDTTs DEMANDS.
Auditor Pays Held-Up Salaries of
Health Board employees.

Auditor Baehr early yesterday morn
ing audited the January and February
salary demands of the twelve employees
Of the Health Board, the payment Of
which had been withheld ever since
they were appointed on January last.
The following named received their de-
mands from Baehr shortly after $50 z.
m, at which time his office is opened
daily: Louis Levy, deputy health Of
ficer; Drs. g. w. Goodale, Walter Jack
son, c. A. Glover and NJ. J. Walsh. in
specting physicians; Drs. j. F. Dillon.
A L. Adler and Frank Tillman, dis
trict health officers; Henry Miller and
James Reany, factory inspectors; B. p.
Ehrlick, receiving secretary City Hos
pital and A. NJ. Currie, assistant su-
perintendent Almshouse.
Before 9 o'clock the twelve EMPLOYEES
had cashed their demands. for which
they had waited for nearly two months
The injunction served on Auditor
Baehr. however, only applies to Levy,
Goodale, Jackson, Glover and Walsh.
as they displaced civil service men who
were appointed by the. old Board of
Health
In explaining his reasons for signing
the demands after having held them UP
for fifty days Auditor Baehr stated that.
he did not audit them because he be-
lieved the spirit, if not the letter, of the
civil service had been violated. After
inquiring into the matter Baehr
changed his mind, but still withheld
payment because he was given to un-
derstand that suit would be brought to
restrain him from auditing the war
rants for the purpose of determining
If the civil service law had been vio-
lated in the removal of the secretary OF
the board and four assistant sanitary
inspectors.
II also believe" said Baehr, that I
am fortified in my course by the recent
decision of Superior Judge Hebbard in
the case of one Calegaris, to the effect
that the man who does the work for the
city is entitled to the salary. 1 have
been threatened with suits to restrain
me from paying the twelve demands,
and gave the Merchants Association
or any private citizen ample time TO
begin action. The action has been de-
layed for some reason or other. Why,
the papers served on me contained the
word January, which was changed to
March J. showing that action was to
have been commenced long ago, but
was deferred, with the probable inten-
ton of using me to prevent these men
who earned their money from receiving
it, / grew tired of the delay and signed
the demands Now the suit has been
brought and the controversy will be
settled, I hope"
The San Francisco call., 1904-03-02
NOT. COMPELLED TO HIRE
CIVIL SERVICE MECHANICS
Board Of Education VIII Haye Much
Patronage as Result Of Superior
= -. Courf Decision.

Under Judge Hunts recent decision
in the .AIcSheeny. case that the Board
Of Education has entire control over
the School Departments buildings the
positions of. a number of civil service
mechanics. employed in the repair of
buildings are i'm jeopardy. At the
present time there are only a score of
mechanics. employed owing TO lack Of
funds
- AT one time the board had as many
"a 5. sixty mechanics employed, most Of
whom ATere. taken from the civil SER
vice eligible lists. Judge Hunts de-
clsion is. taken 10. mean that the Board
Of Education is not compelled to em-
plOE civil service mechanics. When
business in the repair Of schools is
brisk il VIII place considerable pat
Tonage at the disposal Of the Board of
Education without IL being obliged to
make a requisition ;on the Civil Ser
vice Commission for mechanics as
Heretofore has been the custom.
The San Francisco call., 1904-03-02
WOODW LAW
is DISCUSSED
HarbOr Commissioners Con-
fer and Spear Says Five
Cases Are Within Decision
NO COMPLAINTS ON HAND
Reinstein for the Wholesale
Dealers Denies Board Has
Jurisdiction Off Wharves

The Board of State Harbor Commits
sioners conferred yesterday about the
general local situation under the Wood
ward law. the provisions Of which re-
late TO discrimination in selling perish
able products on the States wharves
or other State property in this city.
There are five firms whose permits
to sell on the State property have been
revoked, in addition to the four cases
involved in the decision handed down
on Monday by Judge Sloss. These five
have brought no injunction suits. Com
missioner Spear says that the proceed
ings in the case of the five were ac-
cording to the rules that Judge Sloss
laid down in his decision.
The five, so Commissioner Spear says,
were given notice of the particular Of
fense that was charged against them.
With the notice to appear there was
sent to each a copy of the complaint
applicable. Each of the parties COM
planned against made answer. Then
the Commissioners held a hearing and
as the result of that hearing revoked
the selling permits of the five firms.
Reasoning along these lines, Commits
sioner Spear declares that Mitchell &
Goodall, L. G. Sresovitch & Co., Garcia
& Magini. ]. Ivancovich & Co. and G..
Berti & Co. are found to have been de-
prived of their permits in just such a
proceeding as the decision of Judge
Sloss requires.
The main question of the jurisdiction
of the board to act off the State prop
erty has not reached the courts. Until
it does Commissioner Spear sees no
way for the five firms named to get
their permits back.
There are now no complaints before
the Harbor Commissioners against any
dealer in perishable products. The two
persons that made affidavit against the
wholesale dealers in reference to their
refusal TO sell to them, Nick Fundas
and ]. e. Graves, have gone out of
business. Other witnesses may appear.
Commissioner Spear says that he thinks
there will be other complaints.
Attorney j. B. Reinstein, fer the
wholesale dealers, said yesterday aft
ernoOn that the Harbor Commission
ers We're without jurisdiction in the
five cases that are now of especial in
terest. The only allegations concern
ing them that were in the affidavits
in their places of business, none of
which is on the property of the State.
The wholesalers claim that the Com
missioners have no jurisdiction off the
States property.
The San Francisco call., 1904-03-02
RULES AGAINST
WATER SOURCE
City Engineer Grunsky De-
clareS Offer of Bay Cities
Company Is Not Reliable
SUPPLY IS INADEQUATE
Cannot Furnish 6O,OOO,OOO
Gallons of Pure Fluid
Daily From Coyote Creek

City Engineer Grunsky yesterday
filed report in relation to the offer of
the Bay Cities Water Company recently
made TO the Board of Supervisors to
furnish an adequate supply of water
to this city from the Coyote Creek and
its tributaries. Grunsky analyzes The
offer of the company in lengthy type-
written document, and concludes that
the offer is not reliable, in that the
company Will be unable to furnish go.
100000 gallons of water daily, which
quantity represents the prospective
needs of San Francisco in the very
near future and the amount the COM
pany claims it can supply.
Grunsky reiterates his former. recon-
mendation that the source of water
supply for this city should be in the
Sierras, and after an exhaustive in
quiry into all the details of the ability
of the Bay Cities Water Company to
furnish an adequate water supply
Grunsky sees no reason to change his
former recommendation.
In his report Grunsky presents fig
ures on the seasonal rainfaIls on the
watersheds along the routes of the Isa-
bel, San Felipe, Guadaloupe and other
streams from which the company in
tends to take water He refers to the
litigation that is now pending against
the Bay Cities Water Company to re-
strain it from diverging the water to
its own uses, which Will materially
lessen the supply which the company
claims it can furnish
Grunsky also states it would be neces-
sary for the company to drain the
waters of Calaveras Creek TO carry out
its offer, and as the Spring Valley
Water Company has already acquired
certain riparian rights on the creek
named Grunsky declares that the lat
ter company would certainly resist any
attempt on the part of the Bay Cities
Company to divert the waters of the
creek.
The Bay Cities Water Company"
continues Grunsky in his report,
claims to be able TO supply this city
with 62,000,000 gallons of water daily.
The litigation now pending and to be
instituted would lessen that amount
appreciably and diminish the reliability
Of the proposed supply. The water
which the company could bring to this
city would have to be filtered and
would differ in that respect from the
water from the Sierras, which would be
of the purest quality. as already deter
mined by chemical analyses.
THE offer of the Bay Cities Water
Company is vague and indefinite, and
it does not state specifically what the
company desires to convey to the city.
We do not know whether the company
wants to sell to the city so many mil
lions of gallons of water daily at so
much per gallon, or sell it's water rights
alone or sell its plant for a stated sum-
The San Francisco call., 1904-03-02
BOARD EVADES
CIVIL SERVICE
Election Commission En-
plOyS Men to Exclusion
Of Registered LabOrerS
CHARTER Is VIOLATED
Law Provides That Selection
Shall Be Governed by Pri-
. ;. GRITTY of Application Only

The attention OF the Civil Service
Commission was called yesterday to
The fact that the Board of Election
Commissioners had put twenty men to
work at the election booth. warehouse
10 the exclusion of the -Iaborers on the
civil service eligible list.
Secretary Moran stated that the
: commission was unaware of the action
taken. by the. Election Commissioners.
=. but asserted that there is a list of 5000
registered laboFers at the Office of the
Civil Service Commission, from which
the twenty men PUT TO work by the
Election Commission should have been
+. drawn.
: Registrar Adams explained that the
men employed were '.warehousemen," ."
whose duties consisted Of moving
lot of lumber from the street into the
. warehouse. Adams said the men were
appointed as a matter of urgency, as
the lumber had to be housed at once.
THE men employed are warehouse
mem and not 'laborers.'-" said Adams,
: and viii have work for one or two,
weeks. / am unaware that they should
laVe been taken from the registered
civil service list. OF laborers, but
know that they had TO be employed
right away
- Meanwhile the Civil. Service Com
mission may Investigate the apparent
violation 81 the civil service regula-
. tions Of the municipality under section
3, article 13 Of the municipal charter
on civil Service. which provides as
follows:
@The selection Of 'laborers shall be
governed by priority of application
only
=. AS there are 5000 !aborers that have
registered at the Office of the Civil
. Service Commission it would appear
that any. employed by the city depart
ments should be taken from. this list.
The San Francisco call., 1904-03-02
County Clerks Report.

During the month Of February, ac-
cording to County Clerk J. J. Greif's
report, an excellent showing was made
in his office. all the work and records
filed in the office during the month
being kept up to date and thirty-three
days of back work were caught up.
Five hundred and eleven civil suits
were commenced. OF these 121 were
for divorce and twenty for attach
ments. One hundred and eighty-three
companies were incorporated and in
the probate department ia estates
were filed. Ninety-five petitions for
letters of administration and 3S wills
were fled. The receipts of the Office,
not counting fines collected in the Po-
lice and Superior courts, amounted to
$5170.
The San Francisco call., 1904-03-02
Business of recorders ONCE.

The statement of business in the
Recorders office for the month of
February shows there were 3151 doc
uments filed, of which the most i'm
portant were: Agreements, "a bills
of sale, IS; building contracts, SS;
deeds. 946; deeds of trust. 127;
leases, AS marriage certificates, $50;
mortgages (reaD. 36S; mortgages
(personaD, 165; reconveyances, 105;
releases (reaD, 254; releases (per-
sonaD, $50. The cash receipts for
February, 1903, were $42S2 20, and in
1904 $4S72 As, gain of S579 rs.
The San Francisco call., 1904-03-02
Needs of City Offices.

Assessor Dodge informed the Su-
pervisors yesterday that he will re-
quire during the next fiscal year the
sum of S4S,200 for salaries in his Of
fee; $4,000 for salaries of extra
clerks, $1,000 for expenses and $4,000
for stationery. Mr.. Dodge will turn
over to the city treasury the sum of
$25.0O0 in fees on poll tax and per-
sonal property collections The Civil
Service Commission will require $4,000
TO conduct it's office for the next fiscal
year.
The San Francisco call., 1904-03-02
Awards Contract for Advertising.

The Supervisors Printing Commit
tee yesterday recommended that the
contract for doing the. city's official
advertising during the fiscal year
1904-19O5 be awarded to the Post Pub
fishing Company at 15 cents per half
inch for each insertion. The bid of
the Journal Publishing Company at
S15 cents per half-inch, although the
lowest, was rejected because it was
unsigned.
The San Francisco call., 1904-03-02
Valuable Book Free.

II any reader OF this paper win send 3
cent stamp to pay for postage to the n X.
Fairbank Company department 260 Chicago
ILL.,. he will receive by return mail, free of all
charge. d copy of Home Helps" valuable
book edited by Mrs. Sarah Tyson Rorer. the
famous authority on cooking. and which con
noted cooks in the land This book is of ex-
treTne value to any housewife. as il contains
suggestions for the making OF many delicious
dishes. we'll telling how to make the
old in a new and better way.
The San Francisco call., 1904-03-02
Seeks Damages for Arrest.

Robert Farrelly, who on February
6 was arrested on a charge of grand
larceny on complaint of Joseph and
Louis PARENT and who was acquitted
by Judge Fritz, sued the PARENTS yes
terday for $3.50 damages. He says
the arrest was malicious prosecution.
The San Francisco call., 1904-03-02
The Satisfactory Way.

The pleasure is mine" said the engi-
neer, as he brought the train into Chi
cagO on time to the second From San
Francisco here the pleasure has been
mine" said the merchant. 10 his son.
- The California LIMITED, is the finest
train have ever travelled on Moral:
The Santa Fe- is the Satisfactory Way.
II interested. ask about il at 641 Market
street San Francisco
The San Francisco call., 1904-03-02
Gives Judgment Against Walton.

Judge Sloss yesterday gave the Co
lumbia Banking Company judgment
for $12.O86 against w. j. Walton of
the Pacific Refining and Roofing Com
pany. The money is due on promis-
sorry notes made by Walton a year ago.
The San Francisco call., 1904-03-02
Contests sisters VIII.

Amelia Z. Ballard. sister Of the late
Annie M Kaveny, filed a contest Of
the latter,s viii yesterday. alleging un-
due influence. James O'Keefe, exc
cutor- Of the viii, has been ordered to
appear before Judge Coffey to show
cause why. the order admitting the
will to probate should not be revoked
The San Francisco call., 1904-03-02

suburban Service. Standard Gauge Electric-- s-
90 10. 90 fI:OO a. IN. L 20. LAB. 3:15- 4:15
Sis SIS 90 AZ lG2S T0 sIN Il 40 SR 2 Nr,sco T
6siI,- s-25 6:35 7:40, S:35. 9:35, IL :05 a
M. 1920. 1:45. 1855. s:45. 4:4S. a:45. s;45
S:45 10 30 3. m. ~ 80, n
CIsTO~DaIlv 5:45 6:55 1882, S:55 9:55
II % a M, II as. 2:o0 3:15. 4:05. sos. e:O5
los 9:O0 10:35 o. m
THROUGH TRAINS
500 m daily-Cazadero and way stations.
six % m week days Saturday excepted)--
Tomales and way stations.
Sis D. m. Saturdays-Cazadero and way
stations
SUNDAYS only-1o a. m. Point Reyes and
way stations.
TICKET OFFICE-626 Market st.
FERRY-Union Depot. foot OF Market St
The San Francisco call., 1904-03-02

~. Dispatches from Washington are to
the effect that the naval appropriation
for this year. VIII aggregate. over s97,-.
10000 and much Of this money will be
spent in the West This Will make 1T
possible for. san Francisco naval con-
tFs ctors to buy a new gas range from
the San Francisco Gas and Electric Co.
415 Post street
The San Francisco call., 1904-03-02
: Is Arresfed for Crnelfr.

Frank j. Hart. a driver for Con-
tractor j. Olmo, was arrested by Of
fcer McCurrie Of the Humane Society
yesterday for using a crippled horse.
Hart was released on SO cash bail.
The San Francisco call., 1904-03-02
"A for Morning.
I Sunday excepted

for Morning p for AfternoOn-
tsunday excepted SUNDAY only
Saturday only
Stops all stations on Sunday
~ Only trains stopping at Valencfa St. sourhhound
are6l0 Az. 7:00A.M :S0 An. s. 30 PM $50 P.M and
500 P.M