davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1904-02-27
HARBOR BOARD
ACTS UNJUSTLY
Judge Seawell Says Commits
siOnerS Misuse Power in
Giving Privilege to Rooney

The action of the Board of State
Harbor Commissioners in awarding to
John F. Rooney, brother-in-law of
Charles Spear, president of the COM
mission, the privilege of conducting
the news stand in the ferry building.
Notwithstanding that the firm of Fos-
ter & Orear, who for ten years have
enjoyed the privilege, offered a high
er sum, was an unjust one and an
abuse OF its power in the opinion of
Judge Seawel. He has therefore is
sued an injunction restraining Rooney
from taking possession of the prem
ises and preventing the board from
awarding the privilege to him. The
opinion was rendered on a demurrer
filed by the board TO Foster & Orear's S
petition for an injunction. The de-
murrer was overruled.
BY overruling the demurrer Judge
Seawell practically ends the case, so
far as the present action is concerned,
though the board has ten days to an
swer the suit. Concerning the power
of the board to award the privilege
Judge Seawen says:
The power to grant the privilege in question
is by law vested exclusively in the Board Of State
Fiarbor Commissioners. There is provision
OF law requiring the board in granting such a
privilege TO advertise for bids to award it to
the highest bidder. The exercise Of such
power is entirely within the discretion of that
body. That discretion, however, is what is
known 5 a sound and legal discretion which
excludes arbitrary capricious and corrupt ac-
tion and such prompted by improper mo-
tives. 1t does not imply unlimited license to
officer charged with its exercise to do as
he pleases. He is simply an agent of the law
and for lawful purpose, and is required to
exercise his discretion fairly, reasonably and
honestly, and not for his own purpose, regard
less OF the interests of the public.
Assuming, as / must for the purposes of this
motion. that the allegations Of the complaint
true, IL is Impossible to reach any other
conclusion than that the purpose OF the ma
jOrity OF the Board OF State Harbor Commits
siOners in awarding to John L. Rooney the
privilege in question was TO favor particular
person and not to serve the interests Of the
public that the board has therefore failed TO
exercise the sound and legal discretion which
the law requires, and that in the interest of
the public it is the duty of the court to re-
| strain the threatened action Of the board.
It is claimed on the part of the defendants
that the board has already acted by awarding
the privilege TO Rooney and that an injunction
cannot therefore issue. The complaint alleges,
however, that Rooney has made bid what
ever and has not in any manner obligated
himself TO accept the award or pay the rental
fixed by the board. L the allegations Of the
complaint are true, he has yet acquired no
right TO the privilege awarded him.
The San Francisco call., 1904-02-27
Declare War on Coyotes.

Deputy Fish Commissioner H. T.
Paine has been sent to Mexico to Sc
cure 100 pairs of a certain variety of
large quail peculiar to that section of
North America. 1t is II purpose of
the fish commission to distribute these
birds through Southern California The
secretary of the Department of the
Interior has informed the forest rang
ers on duty in the national parks of
this State that they may shoot coyotes
and mountain lions. Otherwise the
law against the use of firearms in the
national parks will remain unchange 4.
Frank and Salvador Ballestiera were
arrested at Meiggs wharf yesterday
for having wild ducks in their pos
session.
The San Francisco call., 1904-02-27
APPEARS IN
COURT AND PAYS FINE
Last Scene Is Enacted in the Unsuc-
cessful Attack on the Constitution
aIifv of Cemetery Ordinance.


The final scene in the attack made
upon the constitutionality of the ordi-
nance prohibiting the interment Of
bodies in any cemetery within the
confines of this city and county was
enacted yesterday when George r.
Fletcher, ex-superintendent Of the
Odd Fellows Cemetery, came into Po-
lice Judge Cabaniss' court and paid
the fine of 500 imposed upon him
for violating the ordinance.
Fletcher was arrested August 81,
1901, convicted a few days later and
fined S100. He appealed to the Su-
perior Court September %, but was
unsuccessful, and April %, 1902, the
remittitur affirming the judgment of
the lower court was received. Fletcher
surrendered himself into custody and
vas taken before the Supreme Court
on q writ of habeas corpus. The writ
was dismissed and the prisoner re-
n.anded into the custody of the
Sheriff.
The San Francisco call., 1904-02-27
BURNS is Rroual,t Racl.

Policeman Skelly returned from
Colorado Springs, Colo, yesterday
morning with John Burns, who for
feited his bail of $1,000 cash by
failing to appear for trial in
Judge Dunne's court on a charge
of robbery. Burns and Joseph
Reed held up Michael Swetz, a
night watchman. on Bryant street
July and took 80 cents and a revol-
vcr from him. They were arrested by
Skelly and Reed was convicted and
sentenced. to serve seven years in San
Quentin.
The San Francisco call., 1904-02-27
DETECTIVES FIND CHASE'S
VALUABLES IN HIS ROOM
Robbed, but Soon Realizes His
Fears Arc GrOundIess.

John D. Chase, a recent arrival from
position in the Government service,
created considerable excitement at the
Occidental Hotel yesterday morning
when he publicly declared that he
had been robbed and intimated strong
ly that the. bellboy was the guilty per-
son.
Chase reached this city several days
ago and has been staying at the Occi-
dental. Thursday evening he decided
to see some of the sights of the city
and engaged a bellboy to serve him
as guide and companion on his
rounds. He and the boy parted at an
early hour yesterday morning, Chase
returning to his room at the hotel.
Later in the day he reported to the
hotel management that his wallet,
containing 500 and letters of credit
for twice that amount, was missing,
and after telling of his previous
nights experience he suggested that
the only solution of the mysterious
disappearance of his valuables might
be obtained in the arrest of the bell
boy.
The management Of the Occidental
finally called in detectives, who list
ened to Chase's story and then pa
tiently awaited the arrival of the bell
boy, who, unfortunately, had over
slept himself in the morning and was
late in reporting at the hotel. When
taken in charge by the detectives the
boy told in a straightforward manner
his experiences with Chase the night
before, and then the detectives ad-
journed to the Manila mans room,
where a search brought to light his
money and notes intact in his wallet
lying on bureau. where he had left
them the night before.
The detectives scored Chase for his
carelessness and hasty charges against
the bellboy and the latter got a
roast from the hotel manager for
being late and finally an apology from
Chase for the unjust accusation that
had been made against him. The in
cident then closed.
The San Francisco call., 1904-02-27

sheets and quilts stuffed with the cot
ton that Is grown north Of Syracuse,
N. Z. Mostly they were valuable as
specimens. Miss Painter was willing
orelinquish all claims to these latter
goods, but she wanted to keep the sill
verware and the satsuma, with the
mahogany cabinet. The rut in her mat
rimonal aspirations certainly deserved
this surcease, and the Judge thought
she was right. A wound in the heart
is seldom cured so easily.
Wade w. Copenhaven, the Washing
ton State farmer who sold his ranch in
order to become a histrionic light at the
behest of man named Stanton, is tell
ing his story Of a separation from $500
to Judge Cabaniss. The defendant is
Ben Michaels, who. may or may not
have been implicated in the divorce
proceeding between Copenhaven and
his hefty roll. Both agree that Stanton
got the mazuma, and Michaels claims
that he contributed $500 to the same
account.
Michaels was formerly on trial be-
fore Judge Fritz, who held him to the
Superior Court in bonds of $4,000. Judge
Cook dismissed him on a writ of habeas
corpus and he was Immediately rear
rested on the same old charge. Further
hearing of the case went over until
Wednesday.
H E. Ellis is a bold, bad burgfar, in
the opinion of Charles Everston, who
has barn on East street. The defend
T,,1 UoSfor6 q "
on a charge of burglary, because he
found the door of the barn open and
tumbled into pile of hay therein. He
didn't steal anything except the slum-
ber and evidently his intentions were
honest. The Judge was inclined to dis
miss the defendant, but continued his
case until to-day for further investi-
cation.
Mrs. Sarah Rogers, more Familiarity
known to the public as the widow OF
Duke Rosenbaum, who killed him.
self in a public bath some years ago,
was dismissed on a charge Of suborna-
tion of perjury by Judge Conlan yes
terday Miss Marie Faulkner made a
charge that Mrs. Rogers had attempted
to bribe her to testify that William and
George Marshall deliberately assaulted
Mrs Rogers in front of her home, at
Laguna street and Pacific avenue.
Patrick Collins fell to the black bot
tie while acting as a nurse at Lanes
Hospital. Thursday night he keyed
himself up to a stage where he threw a
pneumonia patient out into the cold
rain, tried to break over again the leg
of a man who had been properly run
over by a beer wagon and finally went
to the crockery in the kitchen in his
destructive efforts.
A police whistle summoned help be-
fore Collins succeeded in throwing the
roof of the hospital into the bay. Yes
terday before Judge Fritz he barred his
brawny arms to show tattoo marks in
f1icted on him by natives of eight ISL
ands in the Southern Seas and insignia
from Japan and Formosa. Judge Fritz
let him go with a sentence of twenty
four hours on condition that he would
take the next outward bound wind
TANNER, which he promised to do.
The San Francisco call., 1904-02-27
COMPLAIN OF FUMES AT
WORKS OF GAS COMPANY
PotrerO Residents Inform the Health
Board That Poisonous Acids
Make Them Sick.

A number Of Potrero residents filed
a petition with the Health Board yes
terday requesting that action be taken
to eliminate the fumes and poisonous
acids from the gas company's works at
Twenty-third and Kentucky streets.
The petitioners say that the fumes
have taken the paint off the houses
and are making the people sick.
District Health officer Dillon inspect
ed the premises complained of and re-
ports that he found the complaint well
founded.
The San Francisco call., 1904-02-27
Valuable Book Free.

II any reader of this paper will send a 2
cent stamp to pay for postage to the N K
Fairbsnk Company. department 26O Chicago.
III. he VIII receive by return mail, free of all
charge. a copy Of Home Helps" a valuable
book edited by Mrs. Sarah Tyson Rorer the
famous authority cooking and which con-
tains 800 choice recipes originated by the most
noted cooks il the land. This book is of ex-
treme value to any housewife as II contains
suggestions for the making OF many delicious
new dishes. well as telling how TO make the
old ones in a new and better way.
The San Francisco call., 1904-02-27
ds, Goo9 aaZ.s News of SILK GLOVES

POngees
Plenty blacks grays others
No gloves wonder they coming
Hale possible
best kind double Asterdm fixed pretty fashion,
Of this sspring
The prices Hal way clearly any prices
WOmen's:
soc embroidered backs
A mesh
glov clasp and 75c
n
snk-how dressy 7Sc
Misses:
e andw
The San Francisco call., 1904-02-27
Ribbons
Most Wanted
Least exbeRSfVe).

would least expect to find as cheap
as this.
I5c yard, No. 4o-31s inches.
zoe yard, No. 8o-4 inches.
25c yard, No. Ioo-4M inches.
Every good shade.
If it's a fancy ribbon there is no
greater favorite than these new
polka dot ones with white dots on
colored grounds and a silk cord edge
to match the dot. 2oc yard. We saw
it yesterday in another store at 42c.
The San Francisco call., 1904-02-27
To-Day for the new
Trimmed Hats.

The millinery salon offers its first
welcome to you to-day Many of the
models are in, but there are any
number here that you would think
were models-hxed up with all the
exclusive touches. Ones and twos
of a kind. They were trimmed by
our New York mil1iners. They are
shown to-day for the first time. $3.50,
SAYS and $3.50.
The San Francisco call., 1904-02-27
VIII Deliver series of Sermons.

During the Sundays of Lent Father
Clarence Woodman will preach a spe-
cial series of sermons on the subject,
"The Souls Inner Life" at the II
o'clock mass in old st. Mary's Church,
corner of Dupont and California
streets The subject of to-morrow's s
sermon will be Its Nourishment."
The San Francisco call., 1904-02-27

with great emphasis that up to a week
or two ago the meat set before them
was Of very different quality.
After spending an hour or more in
this preliminary inquiry the committee
had hurried away to the meeting of
the Grand Jury, promising to reutrn
again in a few days and resume the
Investigation.
The San Francisco call., 1904-02-27
salration ARMY Protests.

The Salvation Army, by George
Wood, general secretary. filed protest
with the Board of Supervisors yester-
day against the ordinance recommend
ed by Chief of Police Whitman prohib-
iting public meetings on certain streets
in the center of the city. Wood says
in his protest that "te restrict in this
city what is allowed in New York,
Chicago, Philadelphia and other East
ern cities would be a retrograde move
ment and one to be regretted in the
future" and signs himself yours for
the unchurched."
The San Francisco call., 1904-02-27

Mr.. and Mrs. c. Heinfels will cele-
brate on March their silver wedding
anniversary at their residence, 1927
Hayes street. Invitations have been
issued to all their relatives and friends
and a pleasant evening will be spent.
The San Francisco call., 1904-02-27
MAYOR RETURNS
THREE VETOES
DisapprOveS Ordinances EX-
tending Limits for Blast
inc and Rock Crushing

Mayor Schmitz yesterday returned
without his approval to the Board Of
Supervisors three ordinances extending
the limits within which it is prohibited
10 carry on blasting and rock-crushing
operations, and providing that a permit
must first be granted to crush rock out
side the present prohibited limits and
requiring a bond for the payment of
resultant damages.
The proposed extension Of the limits
was designed TO prevent Gray Brothers
from carrying on operations on Thir-
tieth and Castro streets, but if the
Mayors veto is sustained by the board
the firm viii be enabled to blast and
crush rock at the locality named de-
spite the protests Of the surrounding
residents
IN his vetoes the Mayor states that
his principal reasons for returning the
ordinances without his approval were
that their enactment would cripple
building operations and cause added
expense to contractors, builders and
property owners in matters of build
ing and street paving; would drive
the rock crushing industry into ad-
joining counties and thus throw a
considerable number of San Francisco
citizens outApf employment. besides
adding greafr~ TO the cost Of the ma
terial obtained from the rock quar-
ries.
The ordinances, he states, are aim
ed avowedly and directly at the work
of Gray Bros. on Thirtieth street, be-
tween Castro and Diamond, and if
passed would destroy the business
that firm has established at consider
able expense. Gray Bros. have al
ready been driven from Twenty-sixth
and Douglass streets by ordinance and
resolution making it unlawful to op-
crate their plant inside Of Thirtieth
street. On the faith Of the newly es-
tablished limits they established their
plant outside Of the prescribed dis
trict and, unless absolute public in
jury is shown, it would be serious in
justice TO compel them TO undergo a
second. loss at this time. Then the
Mayor says:
] believe that Gray Bros. should be given
a chance 10 show whether they operate.
they claim. without injury TO or deprecia-
ZION Of neighborin property. and as they are
willing 10 take the risk OF loss in case they
DO not live up TO their promises and as in
the meantime one will sustain injury that
cannot at once be remedied ] deem IL fair
The San Francisco call., 1904-02-27
Fine Leather Goods.

Wrist bags, chatelaines. pocketbooks.
card cases. letter cases and bilIbooks
Best goods at lowest prices, and Iettered
in gold free of charge. Sanborn, Vail &
Co., TAI Market st.
The San Francisco call., 1904-02-27
n. MAXIM is A LITTLE GUN,
BUT HAS VARIABLE RECORD
Commanders Turkey Longer Than Himself and Carries
the Weight Until Overtaken-W -Washington's Birthday
Causes Reckless Agnes McCue to Become Cannibal

H. Maxim is diminutive, but soaked
to the rail with the spirit Of un-
righteousness. Three terms has he done
in San Quentin for grand larceny.
Thursday night he was walking along
Washington street and spied a large
and juicy turkey hanging gracefully
from a hook in front of the poultry
store of C. Branchi, at 53S Washington
street
Maxim copped the bold" and did a
hundred-yard sprint with it under
eleven seconds. Fleet-footed Policeman
Pat McGee overlook him in the last
three yards and broke the tape first.
Then he took Maxim to the City Prison
and also arrested the turkey. The
prison officials measured Maxim and
then tried the Bertillon system on the
turkey. Maxim measured seven inches
less than the stolen turkey, but weighed
three pounds more. The turkey could
not be identified as having done time
before, but the story of Maxims life
was written largely in the records of
the Identification bureau.
Judge Conlan sentenced the little fell
low yesterday to a fve-month sojourn
in the County Jail The corpus deficit in
the shape of a huge bird, that would
feed a hotel in time of need, hung
gracefully over Clerk Jack Rice's desk
and he tried to cram it into a drawer,
but the property clerk beat him to it
and returned the turkey to it's rightful
owner.
Agnes McCue celebrated Wash
ington's birthday. When she woke up
Tuesday morning she had a holdover.
More booze and a tangled trail carried
her over until Thursday night, when
she made her appearance on the Bar
barry Coast
About midnight she became repent
ant and started for home on board a
yellow car that was guaranteed to
carry her out to her lodging, in the Mis-
sion. When James Donahue, the con-
ductor, tried to collect her fare she de-
veloped a refined taste for his ear and
tried to bite off that useful member.
The motorman came to his rescue, but
all ears looked alike to Agnes. She
wanted the motorman's ear, and sue
ceeded in biting off a corner of it before
Policeman McPhee arrived on the
scene.
Then the policeman's ear looked good
to her and she made a desperate at
tempt to secure the aural appendage of
the officer of the law. When she ar
rived at the City Prison Sergeant Me-
lody and his staff were attired in ear
muffs for protection.
Miss McCue was sentenced to three
months in the County Jail by Judge
Cabaniss for disturbing the peace. The
charge of cannibalism was not pressed
against her.
Charles Liebsher will not get his
presents back. That was the judgment
rendered by Judge Conlan yesterday.
Formerly Liebsher had been married
and he gave the icefloe to his wife in
favor of Miss Elizabeth Painter, who
does not paint. In addition he gave
her sundry presents of satsumaware, sill
yer and a mahogany cabinet in which
to hold these precious goods.
Besides there were Ascent neckties,
silk muff1ers somewhat used, muslin
The San Francisco call., 1904-02-27
Exposition Special.

One Of our $500 Trunks will be just
the thing to take with you to the Expo
sitiou at ST. Louis. Regular price of this
Trunk is $3.50. A. B. Smith Co., 1872
Ellis ST
The San Francisco call., 1904-02-27

Do, you wear glasses! Properly fitting
glasses and Murine Eye Remedy pro-
mote Eye comfort. Murine makes weak
eyes strong. Cures sore eyes.
The San Francisco call., 1904-02-27
win Observe Silver Wedding.

Many Mothers administer Piso's Cure when
their children have spasmodic Group. Csc .
The San Francisco call., 1904-02-27
TO-Day's
Toilet Helps

values to-day:
Colgate's tooth powder, glass bottles With
sprinkler tops. 15c.
Henry 7etlOW's Gossamer Complexion
Powder. 15cs samples OF which we viii
give free to-day. in order to show you
what il is.
Olive oil CASTLE soap. large bars. PC.
Headache powders for quick relief. 12c.
SILK finished magnesium carbonate. an ex-
cellent toilet article for tender flesh.
&c cake.
The San Francisco call., 1904-02-27

] believe that Gray Bros. should be given
chance TO show whether they can operate,
they claim without injury 10 deprecia-
lion Of neighbOrin property. and as they are
willing 10 take the risk Of loss in case they
DO not live up TO their promises and as in
the meantime no one will sustain injury that
cannot at once be remedied I deem It fair
10 them and unjust 10 nobody to veto such
ordnance.
The San Francisco call., 1904-02-27
Satin TafetaS,

= = ~ VI
good, firm, beau
tiful quality. The
one most women
will want to-day
and the one thew
The San Francisco call., 1904-02-27

500 Rupture Cure for $40 by Hunter. 12oC
Market ST Send for circular
The San Francisco call., 1904-02-27
BUTTER
SATURDAY AND ALL NEXT WEEK.

Butter, Choice Creamery, squares.
Observation-Disclosures. $1.OO
owe defy competition in Butter and
Eggs.)
Eggs, best selected, reg. 3oc doz. .25c
Salmon Trout, reg. zoe; for. 20c
Salmon Bellies, for. .25c
Mackerel, large ones, reg. I5c Zoe
Tea, uncolored Japan, pound 35c
Maple Syrup, Scudder's, quart 4Oc
Cream, Poppy brand, 3 cans 21c
Peas, California sweet, z cans. 20c
Cheese, Eastern cream, 2 pounds 35c
C. O. D. GROCERY co. Inc.
JOHN ROBINSON. President.
3I3 O'FarTell St, Near Mason
Telephone Folsom ZIG.
The San Francisco call., 1904-02-27

Box of three
cakes of medi-
Gated skin soap
1Sc.
Other notable
The San Francisco call., 1904-02-27

ADVERTISEMENTS.
The San Francisco call., 1904-02-27
ASTHMA CURED

To stay cured Hath restored Attacks never
return. Write for Book 90. free to any Asthma
OF Hay Fever sufferer Address p HAROLD
1AYES- Buffalo n. X.
The San Francisco call., 1904-12-14
RICH WOMAN'S GIFT TO
HOME-FINDING SOCIETY
Philanthropist of Berkeley Donates
Land on Which Nursery Will Be
Erected.

BERKELEY, Dec. 13.-Valuable
lots adjoining the property of the
Children's Home Finding Society at
1921 Russell street have just been
given to the society by Mrs. Rosa M.
Shattuck. On the land will be built
a nursery for homeless children, to
be operated in connection with the So
ciety's present undertakings. The in
stitution has it's headquarters in the
Academy of Sciences building, in San
Francisco, the Berkeley home being
merely a branch.
The society has been in great need.
for some time, of a nursery where lit
the children intrusted to the officers
care can be housed preparatory to
their being placed in families, and
this nursery is now made possible
through the generosity of Mrs. Shat
tuck. 1t was she who gave the So
ciety the land on which the society's
present building stands
Work will be commenced at once
upon the task of securing funds and
material for new building. The
Mufti Club gave an entertainment for
the society's benefit last Friday at the
home of Mr.. and Mrs. Andrew Her
mann, and other entertainments of a
similar character will be arranged by
friends of the institution in Berkeley.