davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1904-06-14
SPRING VALLEY
PRESENTS CASE
Argument on Injunction Be-
gins Before Judge Gilbert
in the Federal Court
IMPOSITION is CHARGED
Atfidavits Are Referred To
as Hearsay on the Part
of the City's Witnesses

That the Board Of Supervisors is try
ing to put the Spring Valley Water
Company out of business and that the
board is not trying to do anything of
the kind are the two points being
argued before United States Circuit
Judge Gilbert.
The case came up yesterday morn
ing, when Assistant City Attorney
Partridge presented three additional
affidavits in answer to the claims ad-
vanced by the company in it's applica-
ton for an injunction to- restrain the
city from putting into effect the water
rates passed by the Board Of Super
visors TO take effect July l.
Attorney Kellogg for the company
said there We're two ''impositions" to
be considered. The first was: Are the
facts complained of true or satisfactor-
lily proved? The second was incidental
He questioned whether the relief
sought by the company might not be
secured by the final decree.
REVERSES PROCEDURE.
Stating that he intended to reverse
the ordinary mode of procedure in
practice, he presented the law points
in advance of the status Of the case,
as the court was thoroughly CONVEX
of the affidavits filed.
Kellogg argued that the court had
full jurisdiction and cited many cases
to sustain the contention. He claimed
that the city had wholly failed to an
swer the complaint and that, in fact,
the answer filed by the city was an
admission of every allegation in the
bill. He contended that the affidavlts
filed by the city were mere denials in
Of ha nj
plaintiff and did not controvert any OF
the causes of action. Hearsay was the
bulk of the matter submitted by the
city.
The company's attorney further said
that the company would put up an
ample bond to return the money paid
under the present rate, if the court
would issue the restraining order pray
ed for and later on the Superior Court
should decide against his client In
that way the citizens would lose Moth
ing, but the company would be the
sole sufferer. He asked the court to
take these matters into consideration.
THE CITY'S "EFFRONTERY."
Continuing his argument at the af-
ternoon session, Kellogg said that he
stood aghast at the effrontery shown
~ claiming the Board of Supervisors
were not subject to review. He thought
it was simply an attempt to take the
company's property without due pro-
cess of law.
In response City Attorney Long read
from decisions to show that the court
had Jurisdiction and that the board
had acted within it's powers. He said
the city denied the right of the COM
pany to secure a greater revenue than
would be forthcoming at the rates al
lowed The case will be further argued
this morning.
The San Francisco call., 1904-06-14
The Flags Birthday.

This is Flag day. The national en-
sign should be flung to the winds, as
IT is the anniversary of the adoption
of the flag first suggested by Miss
Betsy Ross of Combridge, Mass, to
Washington and adopted by Congress
on June IA, 1777.
The San Francisco call., 1904-06-14

FOR NEW TRIAL-The defendants bill of
exceptions and statement motion for
new trial were filed yesterday in the case of
Mary H. Grim against the National Union.
This is the case wherein Mrs. Grim seeks to
recover $1,000 on an insurance certificate for
her husbands death. He disappeared and at
ter eighteen months was supposed to have
committed suicide.
The San Francisco call., 1904-06-14

The Ancient Order Of Hibernians will
have their annual picnic at Schuetzen
Park on July 4. Lunches for the picnic
may be cooked on a gas range from S F
Gas and Electric Co. AS Post street 4
The San Francisco call., 1904-06-14

NEW POSTOFTTcE STAT1ON.-Postofhce
Station has been instituted at 1902 Masonic
avenue on premises owned by DR.. Lee o.
Rodgers. II will be a money order and regis
try station and will have force Of carriers.
II will be open on July 1.
The San Francisco call., 1904-06-14

WALKER NEUTRALITY-SUSPICIOUS. Judge Coffey
yesterday ordered the final distribution of the
California estate Of Joseph r. Walker the
Utah mining man and banker, who died in
Salt Lake City. The estate here amounted to
sl9 279 As
The San Francisco call., 1904-06-14
ADVERTISELENTa
BABIES ON FIRE
With fishing, Burning, ScdlI
Runners Of the Skin
instantly RGEeEsd BY Baths
With CuticWd Soap
And Gentle Applications Of
CUheura Ointment.

Instant relief and refreshing sleep for
skin-tortured babies, and rest for tired,
fretted mothers, in warm baths with
Cuticurs SoGp and gentle anointings
with Cuticura Ointment, the great skin
cure, and purest Of emOllients, TO DO
followed in severe cases by mild doses
Of Cuticura ResolVent-
My Diece's little baby boy, two years
old, was so badly afflicted with ecZema
that he needed constant watching. It
was all over his face and he scratched
the sores constantly. Mornings his
clothes would be stained with blood,
and his face and hands would be COW
cred. His family never could take him
out, as his face was always full OF large
sores. They had medical treatment,
and tried everything they heard Of
She commenced using the Cuticura
Remedies last spring and found that at
last she had q wonderful healer. The
sores left his face and be was entirely
cured, and now his face is as smooth
and rosy as though no sore had ever
been there to mar It,"
Mrs. L. J. ROOT.
JERUSALEM, n. Z.
FEE. IL, 1898.
On March 7, 1908, ave years later,
Mrs. Root writes:
81 received your note Of kind in
quiry and am pleased to inform you OF
the permanent cure Of my little Goy.
He is now q healthy child with pink
and white skin free from all blemish.
1t has been = marvellous cure and
brought about in a short time after all
other medical aid failed"
8eld hrouKh0ut TIE word caneura RssolysnL sa
On forn ~ Chocolate Coated PinA. lsc VIA Of 6e
Ointment 5oe, SosP. sc Dspotss London. q Chartss-
house Sqi Paris Rss De "a Pairs Boston. lE Cou -
Ave Potter Drug Chsmioa Corp. Sole PropuetorA
GrSsnd for The Cuueura Skin Sock"
The San Francisco call., 1904-06-14
REASONS FOR ABSENCE.

Later in the day the foregoing was
supplemented by this message from
The Call special correspondent in San
Diego:
SAN DIEGO. June 13-John D. Spreckels,
who was elected one of the delegates at large
to the National Republican Convention. which
assemblies at Chicago on June q. to-day
wired Secretary Steppacher TO cancel his hotel
and railway reservations. as he would be un-
able to be present at the convention owing to
i'll health Mr. Spreckels in referring to thie
action said:
Il was in III health when elected delegate
and to San Diego a week ago for the
purpose of resting and recuperating. Ny jour
ney down convinced me that L would certainly
jeopardtze my health by taking the trip TO
Chicago at this time. l therefore decided not
to attend the national convention"
Mr.. Spreckels feels and expresses keen re-
gret at not being able to attend the convention.
His health has improved very materially since
coming here, but he does not feel strong
enough to make the journey. In his colleagues
on the delegation he has the utmost confidence
and feels that the party will be well repre-
sented in the convention.
A. Ruef, the alternate Of Mr.. Spreck-
els, will accompany the delegation. A
banquet in honor of Mr.. Ruef will take
place at the Mechanics Pavilion this
evening.
George A. Knight Will second the
nomination Of President Roosevelt in
the national convention.
The San Francisco call., 1904-06-14

HONOLULU. June 4.-Investigations so
far completed into the shortage in the Terri
torial Land Office indicate that the total
amount Of the embezzlements is more than
The San Francisco call., 1904-06-14

Some very swell wedding invitations come
from Edward S. Knowles. "a Second street
The San Francisco call., 1904-06-14

Fancy vests at cost. See window. Tom
Dillon, halter. opposite Palace.
The San Francisco call., 1904-06-14

Murine Eye Remedy cures Sore Eyes.
Makes weak Eyes strong. Murine doesn't
smart, II soothes.
The San Francisco call., 1904-06-14
STRANDED COMPANY Is
NOT ACTOR NIacDOWELL'S
He Says the Backward Backers Are
David A. Weis and Al
bert dc LiSser.

That Melbourne Mcdowell. at pres
ent a tragedien on and of the stage,
is much wrOnged man was explained
yesterday evening by T. r. Hart,
owner of the American rights for the
SardOu plays. In the first place. the
combination travelling under the name
'MacDowell Company" is in no way
owned or controlled by that actor.
David A. Weis and Albert de Lisser
are the financial hackers who did not
back. 1t is 10 them the members Of
the troupe should state their griev-
ances. MacDowell himself is minus six
months salary at $500. Mr.. Hart is
soon to take the star on a tour
through the Northwest
The San Francisco call., 1904-06-14

ESTATE MUST PAY.-Superior Judge Kerri-
gan yesterday ordered the executor OF the
estate Of John Wallace. deceased. 70 pay
S2372 % TO the Anglo Californian Bank. S7777 u
70 the Bank or British North America and
$3.50 10 Lincoln z savage. attorney for tha
banks The estate was ordered closed
WASHINGTON. June 13.-Colonel Francis
II. Harrington of the marine corps has ap-
piled for retirement as brizadier general, hav-
ing served more than forty years
The San Francisco call., 1904-06-14

The following will be passengers on
the California special train leaving San
Francisco on Wednesday morning, at
IL clock:
The San Francisco call., 1904-06-14
SPECIAL TRAIN
FOR DELEGATES
John D. SpreckelS Announces
That Sickness FOrbids Him
From Making Trip East
REGRET is EXPRESSED
Neither Full Evening Dress
Nor Tuxedo Is Expected
at Ruef Banquet Tonight

The California delegation to the Ma
tional Republican Convention will leave
San Francisco for Chicago at II a. m.
tomorrow on superb special train.
John d. Spreckels, one of the four
delegates at large. will not be able to
attend the convention. He had made
all preparations to accompany the dele
cation, having paid his assessment, re-
served drawing on the special
train and apartments at the Audito-
rum In Chicago. Yesterday he wired
the following message to the secretary
Of the delegation:
CORONADO, Cal. June 13.-Jacob
Steppacher. Secretary Republican State
Committee, Palace Hotel. San Francis
CO: Owing to illness am unable to ac-
company delegation. Please cancel
hotel and railroad reservations.
"JOHN u SPRECKEI,S" I"
The San Francisco call., 1904-06-14

Delegates 70 National RepubIican Convention
at Chicago-Governor George c. Pardee, wife
and two daughters; J. W. Mckinley and wife,
Los Angeles; George A. Knight; c. z. Clinch
and wife, Grass Valley; George w. Reed and
wife, Oakland W. L. Crooks, Benicia; NJ. A.
Gunst wife and two sons, San Francisco; A
ID. Porter and wife, San Francisco; Mitchell
Phillips and wife San Jose; r. H. Country
man San Francisco, Frank H Short and wife
Fresno; DIR. ]. G. Priesty Lockford; ]. H.
Norton Los Angeles; Oscar Lawler, Los An
The San Francisco call., 1904-06-14

Alternates-F. K. Rule Los Angeles; A.
Ruef, San Francisco; F. P. Tuttle and wife.
Auburn; William Van Allen, Ukiah ]. H.
Fox and wife, Lemoore; DR.. T. Olmstead, Oak
land DIR. J. II. Soper. san Francisco; ]. Step
The San Francisco call., 1904-03-12
LIFE is SAVED
BY A WRECK
While Crew Rights a Car
They Learn That LabOrer
Is SuffOcating in a Well
TRAINMEN TO RESCUE
Assistance Arrives in Time
to Extricate- the Farmland
and He Is Soon Revived
special ptspatch to rhe call.

LOS ANGELES, March IA freight
wreck on the Tustin branch OF the
Southern Pacific yesterday resulted in
saving a mans life. A car was de-
rallied at a cattle guard while the train
was moving slowly. and the crew was
trying to get it back on the track when
an old man came running across the
fields and shouted to them that man
was being suffocated in a we'll about
half a mile distant. He implored them
to come and help to get him out
The railroad men rushed to the res
cue with the old man, ranchman
named Smith. The old man explained
to them as they ran that his hired man
had gone to the bottom of wel1 about
fifty feet deep to cleanse a pump with
gasoline and had been overcome with
the fumes of the volatile fluid. Smith
was not strong enough to get the man
out of the pit by himself. but when he
had secured help he herOically de-
scended into the we'll and tied. a rope
around the insensible mans body and
gave the signal to draw him up. The
victim revived after being hauled out
of the pit, but in few minutes more
the gasoline fumes would undoubtedly
have proved fatal to him.
The San Francisco call., 1904-03-12

among the Mormons in some parts of
the State as a result of the investiga-
ton of Reed Smoot's election now be-
ing conducted by the United States
Senate, the Telegram tonight prints a
dispatch from Logan, Utah, describing
the regular monthly fast meeting held
in the tabernacle at that place. The
meeting, which crowded the hall to suf-
location. was addressed among others
by j. NJ Blair. who made a strong de-
fense of polygamy, Heber Carlisle sue
ceeded Blair. He declared with great
emphasis that Congress and the entire
country were the prosecutors of the
Mormon church. and then defended
polygamy. declaring it doctrine of
God and q revelation that had been
given to the prophet, Joseph Smith. He
approved of the conduct of President
Smith at Washington, declaring in con-
clusion, IF the present difficulty makes
it necessary 1 will be ready to die for
President Joseph f. Smith
w. S. Lamoreaux then arose and
amid much excitement declared that
he believed in loyalty to the United
States Government. 1t was dangerous,
he said, to say such things as the pre-
ceding speaker had given utterance to,
and that the Mormon church is not now
teaching polygamy, that the church
had given UP such teachings and that
there was no occasion for such re-
marks. Here Councillor Isaac Smith.
the presiding officer ordered Lamo-
reaux to take his seat, which he did.
The San Francisco call., 1904-03-12
JAPANESE PERJURER
RETURNED % HAWAII
United States Marshal Is Shown
Many Courtesies by Oriental
Police.

HONOLULU, March 5.-United States
Marshal Hendry returned from Japan
on the steamship Siberia yesterday,
bringing with him Saburo Adachi the
Japanese who was wanted here under
a warrant for perjury and who fed to
Yokohama. 1t is understood that Ada
chi is mainly wanted as witness In
the japanese conspiracy cases now
pending in the Federal court here
Marshal Hendry was given every as
sistance by Japanese officials in Yoko-
hama and Toxic and had no difficulty
in getting Adachi, with the assistance
of the Yokohama police. though Adachi
had been released from prison, as the
time for which he could be held to
await extradition had expired before
the Marshal reached Yokohama. After
releasing Adachi the Japanese police,
knowing that Hendry was coming, kept
him under surveillance.
The San Francisco call., 1904-03-12
President of Brotherhood Of
Boiler Makers Writes to
Legislators at Washington
FAVORS PENDING BILLS
Urges Passage of Measure
That Promises to Develop
American Merchant Marine
Special Dispatch to The Call.

KANSAS CITY, March 1.-John Nc
Neil, grand president-organizer of the
Brotherhood of Boilermakers and Iron
Ship Builders of America, has sent
a letter to every Senator and Repre-
sentative in Congress concerning pend
ing legislation in which the members of
the brotherhood are personally inter
ested. He asks that in discussing these
measures the side of labor be presented
as viewed by labor, and that legislation
be enacted to build UP an American
merchant marine. President Mcneil s
letter is as follows:
Dear Sir-In the name of "a coo American
Workingmen, members OF the brotherhood OF
Boiler makers and Iron Ship Builders Of Ameri-
ca. with 500 lodges in as many different parts
of the United States. L most respectfully ask
in Congress on the sole ground that their
passage viii mean more work for our members
Senate bill 2259 ITO regulate shipping in
the trnde between the ports of the United
States and ports CT places in the Philippine
Islands" and House bill L, ,222. which is the
same thing; Senate bill 2263. for the carriage
of Government war and naval stores in Amerl-
vessels and House bill l6.1;9. which is the
thing; and House bill 1856 creating
q commission to consider and recomme nd
legislation for the development of the American
We are not interested in trusts combina-
tions monopolies we have neither political
partisan interest in these bills; we want
them raised because they mean work for US
our trade.
American shipbuilders cannot build ships as
cheaplv in the United States as foreign ships
are built, largely because of the wages men OF
our craft receive, which are far higher than
obtain in foreign shipyards and boiler shops.
We stand for the American standard OF wages
and Of living. and better citizens because
enjoy them We want no diminution in
wages and no reduction in our style of
living: but want to stand es do working
men in other trades. on the American level.
They are able to do SO. largely because our
Government protects them against the free
competition OF foreign products Our ships in
the deep trade are unprotected. and so
cannot compete with foreign ships Congress
should remedy this condition, and this we
ask The bills above named VIII help where
fore again appeal to Won work and vote
for them in TIE interest of American working
men. Very respectfully yours.
JOHN MCNEIL.
Grand President Organizer brotherhood Of
Boiler makers and Iron Ship Builders OF
America.
The San Francisco call., 1904-03-12
WILL OPPOSE MoRMoNs,

SALT LAKE, March 11.-Represent-
ative gentiles of this city held a meet
ing tonight and took preliminary
steps toward the organization of a
non Mormon party. committee was
appointed to formulate plan of cam
paign and organization to meet the
conditions now existing in Utah. An
other committee was appointed to pre-
pare and submit to a future mass
meeting of nom Mormons a protest to
Congress against the statement of
President Smith of the Mormon church
to the effect that the people of Utah
have condoned the offenses against the
laws of the State forbidding polyga-
nous living.
The San Francisco call., 1904-03-12

sum if he could avoid paying. On
cross-examination the witness said
that Hahn had not shown any great
feeling, but that, knowing there had
been no good feeling between Hahn
and Dietrich, he had supposed the
condition of affairs had grown out OF
that circumstance. At the conclusion
of Pope's testimony the committee
took a recess.
FISHER DENIES STORY.
On reassembling ]. S. Williams, editor
of the Hastings (Nebr.) News, was
called. Fisher told Williams, accord
ing to his testimony, that Dietrich had
said that he was to pay $4,000 to be
elected Senator. Fisher, according to
the witness, said, Charley (speaking
to Dietrieh), l would not have done it.
would not have paid this sum of
money to be Senator
To this Dietrich replied:
Never mind, Jack, that is nothing.
have the appointment of all the post
offices in the South Platte, and there
are ways of making money on the side
in the Senate" Williams said it was
notorious that candidates for post
master had to put up for campaign ex-
penses of Senators.
Jacob Fisher, present postmaster of
Hastings. Nebr. fatty contradicted the
testimony of Hahn and Williams, and
was still on the stand when the com
mittee adjourned until tomorrow
The San Francisco call., 1904-03-12
Insurcents STORM Parainrito.

SAN DOMINGO, March 5 Oelayed).
The insurgents stormed Parajarito,
a suburb of San Domingo. yesterday.
In the engagement that followed sew
eral men were killed and wounded. and
the Government troops finally obliged
the insurgents to withdraw. The Gov
ernment captured several guns. a num-
Der of horses, several prisoners and 1000
rounds of ammunition.
The San Francisco call., 1904-03-12

about Take this of the salary Of the
Postmaster and give il TO Dietrich. Besides
this the Government will pay Dietrich $500
per year rent for furnishing and heating the
said Dietrich building"
What kind % a Senator have the people
got in Nebraska Adam Breed Is willing TO
sacrifice himself as Postmaster and take the
office for $500 per year and pay Dietrich
500 per year out OF his salary s2s00 for
the term OF four years This is what took
place Fishers bakery in the haT leading
the baleshop the hour between 9:2O
a. m and $3.50 a m. This is what Jacob
Fisher told me, so help me God. Every word
OF this is the truth the whole truth. so help
signed this 2sd day of April. 1901.
LEOPOLD HAHN.
DIETRICH NOT FRIENDLY.
Replying to a question from Senator
Hoar, Hahn said that when Dietrich
was elected he had given up all idea of
being continued as postmaster because
he had understood from various sources
that Dietrich was after his scalp"
Asked if his feeling toward Dietrich
was very friendly, he admitted that it
was not.
Hahn also testified to Fishers good
character. and said that Fisher had
supported Dietrich loyalty. Fisher had
told him that he CFisher) was friendly
to him for reappointment. but had told
him he was satisfied that he (Hahn)
could not get it.
Beatty cross examined Hahn and the
witness said that he had known Fisher
for twenty-five years. He said that
Fisher had told him that Dietrich had
said TO him that Breed was to give
$500 The witness added that he had
talked with Breed more than once and
that Breed had told him the story of his
offer was true.
Il was a candidate for the position of
postmaster before the Senatorial fight
began" said the witness, but Diet
rich said to everybody that I could not
have the place. He had always fought
me before when l ran for office, while
had Loyalty supported him."
He admitted that he had frequently
said that sit was a long road that had
no turning. and that he would see that
when Dietrich's term was out he
did not get another election"
GAVE ADVICE TO FISHER.
Hahn would not admit, however, that
he had said that he would spend SIG. 900
to beat Dietrich. He had given Fisher
his word of honor that he would not re-
peat the conversation, Dut admitted
that he had shown the memorandum to
his deputy half an hour after it was
written.
After / had written it | thought I'd
better show il to him, so that some one
would know of il in case of my death, -
he said.
John d. Pope was the next witness.
He is a former Nebraska State Senator.
an attorney, who Hahn testified had
advised as to the course Fisher would
have to pursue with the note for $25OO,
which Fisher had told Hahn he wanted
to give to Dietrich for the postmaster
ship.
Pope said he had a conversation
with Hahn on the train between
Lincoln and Hastings. Hahn asked
him whether a note given for the pur-
pose of securing an appointment
could be defaulted and he had an
swered in the affirmative. He said at
the same time Hahn had told him
that Fisher had agreed to pay $500
to Dietrich for the Office and wanted
to know If he gave a note for that
The San Francisco call., 1904-03-12
Late Shipping Intelligence.

OUTSIDE-BOUND IN-12 MIDNIGHT.
Bark Olympic, from Lahaina
DOMESTIC PORTS
TATOOSH-Passed inward March 11-Stmr
Jeanie, hence March g. for Seattle.
Passed outward March 11-Stmr Mackinaw,
from Tacoma for San Francisco Br stmr
Wellington, from Oyster Harbor. for San
Francisco
SEATTLE-Arrived March 11-Stmr Lee
lanaw from Port Los Angeles.
ABERDEEN-Arrived March IL - Stmr
Newburg, hence March Z.
Sailed March 11-Stmr Coronado. for San
Pedro.
ISLAND PORTS.
HONOLULU-Arrived March 11-Bktn w
81 Dimond. hence Feb IL.