The San Francisco call., 1906-09-14
League Advises Policy-Holders
to Accept Terms Offered.
Earthquake Testimony
in Trial of the Case
of Transatlantic.

vi - !
There were several surprises for the
defense yesterday in the case of the
Levi Strauss Realty Company against
the Transatlantic Fire Insurance
Company. Limited, of Hamburg, Ger
many, on trial before United States
District Judge Whitson and a jury in
the United States Circuit Court. At
torney Eickhoff for the defense had
raised the point that after ..le earth
quake OF April Is the government of
the city was in a state approaching
chaos and that the United States troops
this contention Mayor Schmitz was
called to the witness stand. but he
testified that at no time was the city
government demoralized. or at all in
need OF assistance from regular troops
or. militia. In fact at no time was
there any change in the executive con-
troll OF the city. nor was there any
change whatever in the Police or Fire
department All were only duty, he said.
WHY REGULARS WE'RE USED.
II used the United States troops
placed at my disposal by General
Funston" he added. mot because 1 had
found the Police Department or the
Fire Department inefficient. but be-
cause I appreciated that II the city
were even half destroyed il would be
necessary to supplement the police
force and Fire Department by the
troops. 1 used 1900 regular soldiers
on patrol duty. 1 had no knowledge
that the militia had gone on duty or
was doing any work whatever, nor
did I direct their movements. I did
not know that they were out until
three or four days afterward. I did
not call for the aid of the militia, and
/ don't want to say now that I would
not have sanctioned IT."
The Mayor said further that he had
no personal knowledge as to how the
earthquake had affected the water sup
ply. Immediately after the earthquake
the streets were in good condition.
There was no civil commotion IN this
city on April Is or 19. The Federal
troops were absolutely under the wit
ness control and subject to his orders.
to his knowledge was the case of three
boys who stole something out of
store.
When asked as to his reason for is
suing the proclamation on the 18th of
April ordering the shooting of loot
ers or lawbreakers, Mayor Schmitz said
that he did so for the purpose OF an
ticipating the possibility of any breach
of the law from the conditions that
ODldiHSO at the llInes dllnOuBn he Hdu
no reason to expect anything of the
kind. Special police were appointed
for a similar reason, as a precaution
against any possible disorder.
The witness gave his age as ~ years.
He had lived in this city all his life. he
said, but did not remember more than
two earthquakes in that period-that
Of 1858 and that of April, 1906.
DE YOUNG TELLS OF QUAKE.
NJ H. de Young testified that the
earthquake did not do much damage.
Portions of fire walls and some Chin
neys were knocked down; there was
groups of people here and there watch
ing the fire. He rode through the
business district in his automobile. He
found the Raphael building, on the
corner OF Kearny street and Union
Square avenue. absolutely intact. He
had lived here for nifty years and found
earthquakes to be of annual occurrence,
that of 1868 being every bit as strong
as the one of April, 1906. He was %
years of age at that time. There were
two rival telephone systems in opera
tion in the Chronicle office that year,
he said.
Telephones in 1852" queried Eick-
hon incredulous1y.
yes. sir" replied the witness; "the
town was full of telephones"
FIRE ALARM SYSTEM STOPPED.
Assistant Chief Engineer John
Dougherty, N. r. Hewitt, Chief of the
Department of Electricity, and Captain
John Comstock of the Underwriters
Fire Patrol testified to the facts that
the quake threw the fire alarm sys-
tenn out Of commission and stopped the
water supply in the greater portion of
the business district.
Captain Norman. clerk to the Chief
of Police. told how he had given stars
and badges to 800 well-known citizens,
appointing them special officers for the
purpose of getting through the mil
itary lines without hindrance.
Captain Pulas of the United States
artillery told how ne had been placed
under the orders Of the Chief Of Police
in the work of dynamiting buildings
to check the spread of the fire.
City Engineer Woodward and Her
bert Law were called, but their testi-
mony developed nothing new as TO the
conditions.
E. A Peterson manager for RaphaePs
and before the fire he made a close ex-
animation OF that building and found
that it had not been injured at all.
Adam Probst gave similar testimony.
Henry Ach, for the plaintiff, called
attention TO the fact that the Trans
atlantic policies did not contain any
earthquake clause.
Abraham Ruef and Martin Kelly were
interested auditors. The trial will be
resumed this morning.