davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1907-01-20
OTTER BATTLES WITH DOG
Wild Animal Also Turns on Boy, Who
Clubs II to Death with
Gun
Special to The Herald.

Special to The Herald.
WINSTED, Conn.,, Jan. 19.-While
skating on Indian pond, near Millerton,
N. Y, Charles, Robert and Roy Dakin
saw an animal emerge from hole in
the ice and start up the mountain side.
With a dog and gun the boys gave
chase and near the Moravian monu-
ment the dog overlook the animal.
which proved to be large otter, and
fierce fight ensued. None of the boys
dared to shoot. fearing they might kill
the dog,
AS Roy Dakin approached the COM
batants the otter turned on him, but a
well directed blow with the stock of the
gun killed 1t. The otter measured six
ty-seven inches in length.
Los Angeles herald., 1907-01-20
Will Extend Into Mexico

BY Associated Press.
Ell PASO, Tex, Jan. 19.-It is stated
in railroad circles that the Eel Paso &
Southwestern Railway company will
increase itg capital stock from $70O0,-
900 to $4,000, 900 for the purpose of eX-
tending it's line to Mexico.
Los Angeles herald., 1907-01-20
Coast Line Announcement Mt

by AssOciated Press.
SAN FRANCISCO, Jan. 19.-Traffic on
the coast line of the Southern Pacific
was resumed this afternoon, all trains
being run through.
1t is announced that the entire sched-
ule will be in operation tomorrow all
the breaks in the line having been re-
paired.
Los Angeles herald., 1907-01-20

Everything you want you will find in
the classified page One cent a word.
The San Francisco call., 1907-06-25
PASS TAX LEVY ORDINANCE
Supervisors Give Schtnitz No Oppor
tunity to Intcrpose Veto

The board of supervisors finally passed
yesterday the special ordinance provid-
ing that the limitation of taxation
specified in the charter be temporarily
suspended and authorizing that an in
crease of taxation of 20 cents on each
800 assessed valuation be levied for
the fiscal year 1907-S for the repairing.
sprinkling and sweeping of streets and
for increasing salaries of teachers in
primary and grammar schools
The ordinance was signed by acting
Mayor Gallagher Immediately and it is
now law.
Mayor Schmitz will not be given an
opportunity to veto the ordinance as
he attempted to do in his budget vetoes
as it will not be sent to him by Clerk
Ryan of the board.
If Schmitz' right to act as mayor in
vetoing the extra 20 cent tax levy were
recognized the levy would be null and
void, as the charter requires the flnan-
imous concurrence of the supervisors
and mayor to make 1t legal
Another complication may result,
however, owing to the absence of Rea,
as the point might be raised that the
vote of the entire board was not unan-
imous, which may throw the matter
into the courts.
The San Francisco call., 1907-06-25
SCHMITZ OUT ALL DAY
Attends Court, Dimes With Family
and Sees Attorneys

What with attendance in court where
proceedings In connection with his Pc
tition for a writ of habeas corpus were
in progress, a luncheon with his fam
lily and a long conference with his at
torneys, Schmitz, the felon mayor, sue
ceeded in remaining free from the re-
straint of his cell at the county fail
during nearly the entire day yesterday.
The red automobile carried Schnftz
to the Temple Israel carly in the day.
and it was nearly nightfall before it
called to return him to the house of
correction in the Ingleside road In the
meantime he gloried in nearly as much
freedom as any other citizen forced to
attend a single session of court might
have done.
Permission to take luncheon at home
was again granted Schmitz by Judge
Lawlor with the consent of Assistant
District Attorney Heney, as was also
the request to visit the offices of his
counsel during the afternoon. f,he lat
ter session was a protracted one and
Schmitz was closeted with the members
of his legal staff for several hours.
The San Francisco call., 1907-06-25

against the citizens Of San Francisco
Thirdly You openly charge or i'm
ply in both your letters that the army
of the United States would be unsafe
on the streSts OF San Francisco. We
cannot imagine how you could have
formed such an opinion. The United
States troops have for many years pa
raded sour streets. they have gone
forth to war and they have returned
from hard campaigns; they have taken
part In our civic celebrations. and IL
yet remains to be truthfully said that
one of them was ever insulted Rather
have they been received with universal
cheers and admiration. The citizens
of San Francisco have come to love the
United States troops. especially since
their noble work in the great cataStrO-
phe of April. 1906. The citizens of San
Francisco are as law abading and as
patriotic as any people in the United
States. They would be the first to
punish any crank or irresponsible
hoodIum who would dare insult the
uniform of the United States. Tho
troops under your command. general.
could parade any street of San Fran
cisco day or night without the posi-
bility OF insult
'FourthIy, in view OF the fact that
we have already decided TO eliminate
the parade. we must decline your offer.
Our business being pubic business,
and in compliance with your request.
the entire correspondence is given 70
the press
we have the honor to remain, yours
very respectfully,
FOURTH OF JULY COMMITTEE, 1907.
Louis Levy. secretary"
VIEWS OF COMMITTEEMEN
"As far as this committee Is con-
cerned.'' said President Norton c.
Wells. after the meeting last night.
I'VE regard the unpleasant incident %
closed. We all regret IL. and think
that, though the general was hasty and
did not weigh his words duly, he re-
grets them sincerely"
Samuel Adelstein was OF similar
opinion and said nothing could be done
about taking the case to President
Roosevelt From the remarks made
by Tveitmoe and MrCarthy there will
be a consideration OF the alleged Of
fense by the labor unions OF this city.
and some action adverse to General
Frederick Funston will be taken.
Following is a list of the members
OF the fourth OF July committee par
ticipating in the meeting last night
Norton c. Wells. president; Otto r.
Schiller, vice president; Rev. Philip
Organ, z. III. Mccarthy. o. A. TVeit-
moe. J. j. ONeil. j. J. Kerrigan. j. q.
Conlan. Samuel Adelstein. Charles II
Hincken and Louis Levy. secretary.
The San Francisco call., 1907-06-25
Schmitz Lawyers
Withdraw Plea
for His Release
Take This Action Just as
Court Is About to
Render Decision

The attorneys for Eugene E.
Schmitz made sudden tack yes
terday and withdrew their appli-
cation, filed with the district court
of appeal last Thursday, for the
release of their client on bail. AT
once the report was circulated
that Schmitz had decided to yield
to the inevitable and become a
witness for the state, but was put
at rest by Attorneys Fairall and
Metson, who announced, on behalf
OF Schrnitz, that the petition had
been withdrawn simply that it
might be anplihed. 1t was stated
by Metson that new application
of wider scope would be filed today
with the district court of appeal. The
new petition will deal a some length
with the illness from which Schmitz is
said to be suffering.
1t is highly significant that the petit
ton for bail was withdrawn but few
moments before the decision of the court
would have been handed down. JUS
tices Cooper, Kerrigan and Hall had
met at o'clock in the morning, and
the report went out that they had taken
up the Schmitz petition. At noontime
1t was asserted that decision would
be given at 2 o'clock. Coupled with
this was the statement that the find
ings of the court would be against
Schmitz.
Shortly before 2 o'clock C. H Fairall,
one of the attorneys for Schmitz, went
before the court and withdrew the
petition. Accordingly, the original Pc
tition was sent back to the clerk with
the following annexation:
"On motion of counsel for petitioner
the within petition is dismissed"
William Metson. of counsel for
Schmitz, In explaining the move of the
defense, said:
The petition was withdrawn In or
der that we might file new one OF
wider scope. We expect to file the new
petition for bail with the court tomor-
row."
Metson said that one of the features
of the petition would be an amplifica-
tion or the sections which referred to
the illness of Schmitz. He added, how
ever. that the constitutional rights of
the defendant would be advanced as the
chief contention for his release
Members OF the prosecution were
visibly pleased with the action of the
attorneys for the defense. interpreting it
as desire on the part of the attor-
neys to better fortify themselves for
the inevitable. The prosecution is of
the opinion that Schmitz will be denied
bail 1t is pointed out that the Cali
fornia courts. have. made it a rule not
to grant bail to convicted persons. The
few exceptions have been in cases of
grave Illness, where the immediate re-
lease of the prisoner was necessary to
save his life.
The San Francisco call., 1907-06-25
eral and caused him to indite second
letter yesterday.
GENERAL MAKES EXPLANATION

GENERAL MAKES EXPLANATION
General Funston had been visited by
Samuel Adelstein in the meantime and
admitted that the ''unwhipped mob"
phrase was hasty. but said he did not
mean Ii to include any but the hood
lums who had created disturbances
during the strike. So he wrote a letter
Of explanation yesterday, which was
received and read at the meeting last
night. 1t proved unsatisfactory to
some and satisfactory to others. Here
is the generals explanations:
Headquarters Pacific Division, San
Francisco. Cal, June "a 1907.
The secretary, fourth of July COM
mittee:
Dear sir-I was informed this
morning in conversation with Mr.
Samuel Adelstein of your committee
that I have given offense by an ex-
preston used in my letter of the nth
inst. addressed to Mr.. Otto f. Schiller
vice chairman of said committee rela-
tive to the participation of the United
States troops in the fourth of July pa
rade.
1 ''Regarding the letter as a personal
one, no portion of which l expected to
be made public. 1 did not keep a copy
of my communication, but am indebted
therefor to the courtesy of Mr. Adel-
stein. In my letter 1 expressed the
fear that owing to the present dis
turbed conditions in this city the
presence of federal troops in this pa
rade might cause some untoward incl
dent which would of course be a source
of lasting regret to the members of
your committee as well as all other
persons who have at heart the good
name of the city. In.this belief I was
perfectly honest. / am probably as
familiar with the conditions in San
Francisco as are any of the residents
thereof. / am neither blind nor deaf.
and 1 hope have at least ordinary in
telligence. / must confess that 1 was
moved to a certain extent by the re-
ceipt during the past two months Of
some 90 abusive and threatening let
ters, two of which gave me the cheer
|fu1 Information that if the federal
troops were called out to maintain or
der / would meet the fate of Steunen-
berg These letters were, of course,
written by totally irresponsible cranks.
but the same people, nevertheless, II
they considered it safe to do so would
no doubt hoot and jeer the troops or
drop, brick or bomb among them.
These letters We're addressed to me
merely because. am the commander
of the federal troops here which these
people seem to think were to be called
out to deal with strike conditions.
Yesterday certain daily paper of
this city. a sweet scented organ of an
archy and disorder. stated that was
fairly itching to deal with conditions
here. AS matter of fact. have never
said anything that would justify such
The San Francisco call., 1907-06-25

the correction of the engrossed minutes
from the rough minutes. Judge Lawlor
said that while the engrossed minutes
OF the court must be made to comport
was not disposed to go into the matter
until Judge Graham returned from a
vacation that is expected to extend un-
til July 15. The court also said that he
believed the corrections and necessary
preliminary investigation should be
conducted by Judge Graham.
MINUTES ARE GARBLED
Failure to disclose the order of dis
charge of the Brennan grand Jury was
not the only fault discovered in the
engrossed minutes prepared by Clerk
Trefts. His engrossed minutes show
that the name of B. P. oliver, foreman
of the sitting grand jury. was twice
drawn from the box, but fall to show
any order returning il to the box after
it was first drawn therefrom.
Heney told the court he was pre-
pared to prove by the clerks rough
minutes that both procedures were en-
tirely regular and he contended that
it was within the province of Judge
Lawlor to amend the engrossed min
utes He argued that while there were
II judges of the superior court in San
Francisco, there was but one court and
that it was the duty of the court TO
make its records speak the whole
truth.
The defense vigorously opposed this
view of the situation, claiming that
for the purposes of the motion at bar
the records must speak for them
selves.
Judge Lawlor refused to accept
either view. He said that he deemed
it the duty of the court to make the
records comport with the verities of
its proceedings. He admitted that rec
ords touching the drawing of a grand
jury were essentially different from
those touching other matters, since the
grand jury was an Rppendage of the
court But he said that unless good
and sufficient authority were adduced
TO the contrary he should be disposed
to hold that the amendments should
be investigated and made by Judge
Graham.
PLAYING FOR DELAYS
The attorneys for the defense are not
open to a valid accusation of attempt
ing 10 nasten their clients into the trial
court. A. A. Moore occupied the major
portion of the yesterday afternoon ses-
sion in satisfying himself that Grand
Juror Herman H. Young was a natur-
allied citizen of the United States
After long drawn out examination,
which brought out the story of the
Jurors life, Young by direction of the
court went home and returned in a few
minutes with his naturalization pa
pers.
Moore gave them 10 or Is minutes
inspection and advised the court that
he believed they were real papers.
dsater he agreed to admit that Young
was naturalized citizen.
discrimination of SECRETARY Bur-
nett of the grand jury and the testi-
mony of Foreman oliver Strengthened
out the brain storm effects Burnett had
left in the records of the court last
week. In the matter of the indfct-
ments against Louis Glass, both Bur-
The San Francisco call., 1907-06-25

named were vetoed by convicted Mayor
Schmitz
When the clerk announced that the
recommendation came from the mayor
ONelll raised laugh when he asked
Which mayor?"
Mr.. Gallagher. the acting mayor" re-
piled Clerk Ryan
The communication from Mayor
Schmitz protesting against the election
or supervisor Gallagher as acting
mayor and declaring that he would
continue to exercise the functions OF
the office. so far as it is possible, -
was placed on file without comment.
Tveitmoe called attention to two
typographical errors in the journal of
proceedings, which were ordered cor
reeted. One was the omission of the
noes of Tveitmoe and ONeill on the
ordinance electing Gallagher as acting
mayor.
The San Francisco call., 1907-06-25
DUNNE MAY GALL ON
BOARD To GUST MAYOR
Continued from Page /, Column

Continued from Page 1, Column 3
said to be convicted of the crime
whereof he stands indicted
Fairall said that his client would re-
sist any attempt to railroad him out
of office as well as any attempt to rail-
road him-to states prison
Before the mayor can be removed,
the attorney asserted, "there must be a
final judgment OF conviction. and this
of course can come only from the
higher court While the fact that a
man has been convicted might serve to
lessen his value as witness, the pre-
sumption of innocence does not cease
until a final decree has been rendered
There may be a lessening of the pre-
sumption of innocence following con
viction before a trial jury, but for all
purposes of the present case it is my
understanding that conviction means
the confirmation by the higher court
of the judgment of guilty
FEARS TO STEP OUT
The attorneys for the mayor were
asked why Schmitz, for the good of the
city, did not relinquish his office.
The mayor will not resign" was the
reply why should he allow himself
to be railroaded out OF office? There
Schmitz relinquish his office it might
be interpreted in some quarters as an
admission of guilt"
Assistant District Attorney Heney
said yesterday that 1T was not up To
the prosecution to force the matter
lie said that he was convinced of the
legality of every step taken and was
not worried. District Attorney Lang
don added that the antics of Schmitz
n rn xtyau "a I,a So,
to alter its. plans. 4
1--WE will proceed as we have
planned he said. The action of the
mayor and his attorneys will not alter
our course in the. slightest. We are
sure of our ground
Friends of Schmitz said yesterday
that while he had. shown no signs OF
breaking down, he had given evidence
of late of depression that they had
not heretofore observed. With i'm
prisonment Schmitz has felt the full
force of his disgrace
The San Francisco call., 1907-06-25
WAR DEPARTMENT SATISFIED
To Take No Notice of Complaint
Lodged Against Funston

WASHINGTON. June 24.-The atten-
tion of officials OF the war department
has naturally been attracted 70 the
statement of General Frederick Fun
ston that he did not care to parade his
troops in San Francisco il they were TO
be "jeered and sneered at by an un-
whipped mob" 1t was said at the de-
partment today that not only had no
complaint been lodged against the Of
ficer for this statement. but it was in
timated that no notice would be taken
of any such complaint in view OF the
second statement attributed TO the
general explaining and qualifying his
utterances.
The San Francisco call., 1907-06-25
WARRANTS HELD UP

District Attorney Langdon declared
yesterday that he would take no steps
FOR the time being regarding City
Treasurer BanteTs decision to pay no
warrants unless they were signed by
both Schmitz and acting Mayor CAL
lagher.
Langdon explained that the salaries
OF city officials were not involved and
that there We're but few contingencies
likely to arise within the next few
days that would demand the signature
Of the mayor on a warrant. BY the
sine anything CT Importance demands
attention it is believed that the ques-
tion as to the validity of Gallagher S
appointment and powers will have been
settled beyond all question by a court
ruling TO the effect that Schmitz' con-
viction by a trial jury carried with 1t
his absolute removal from Office. The
matter OF warrants is 10 be allowed 10
sie dormant until this action is taken.
BanteIs change of mind about pay
ing warrants signed by Gallagher and
not signed by Schmitz occurred after
his attorneys had advised him to pre-
vent any possible complications or at
tempt to hold his bondsmen liable by
honoring only such warrants as were
signed by both claimants to the execu-
live Office.
Last Friday Auditor Horton decided
10 audit demands signed by acting
Mayor Gallagher after he had ascer-
tanned that Bantel would pay them.
Later Bantel decided that in order to
protect his bondsmen he would not cash
the demands unless they were. signed
by both Schmitz as mayor and Gal
iagher as acting mayor.
This decision on BantePs part does
mot affect the salaries of teachers. fire.
men, policemen or any employe OF the
city government the demands for
which do not pass through the mayors
hands The demands TO be held up are
those for contracts and supplies in ex-
cess OF 5000, which the charter re-
quires shall be signed by the mayor.
Bantel advised those holding such de-
mands. that he would wait until the
courts had settled the dispute as to who
was the legally qualified mayor before
he would cash them.
A demand Of $4,000 in favor Of the
Pacific construction company for sewer
work viii be among those held I'D if II
IS not signed by both Schmitz and Cal
lsgher.
The San Francisco call., 1907-06-25
NINE BURIED ALIVE
UNDER HOUSE RUINS
Little Hope Entertained for
Persons Caught Beneath
Collapsed Building

NEW YORK. June 25--A four story
building at. the corner of Lafayette and
Walker streets collapsed early this
morning. The police announced that
is people. members of the Italian coll
ony, were in the building. Seven are
known to have escaped, two have been
rescued and nine are supposed to be
still beneath the ruins
George sTarchino, 10 years old, and
his sister Mamie, Il. were taken from
the ruins alive, but badly injured.
The police fear that most of the nine
persons still heneath the ruins are
dead. 1t VIII be several hours before
the work Of rescue is completed.
The San Francisco call., 1907-06-25
DAN HANNA TAKES A
DIVORCEE FOR BRIDE
Ohian at Her Parents Home
in Cleveland

CLEVELAND. June 2f-Dan Hanna,
son of the late NJ. A. Hanna. was today
married to Mrs. Mary Stuart at the
residence OF the brides mother in this
city. The ceremony was performed by
a justice OF the peace. The only wit
nesses were the brides mother and one
or two other persons. The bride Is
the divorced wife OF Frank Skelly
formerly hotel clerk here. She had re-
sumed her maiden name
The San Francisco call., 1907-06-25
TMPRovEMENr CLUE MEErs

A meeting of the West End better
ment club, composed OF citizens and
taxpayers living in the district bound
ed by Devisadero. Stanyan, Fell and
Turk streets. was held last Friday at
1901 Fulton street. A constitution and
bylaws were adopted. The following
officers were elected, President, J. ].
Sullivan: first vice president, General
Z. s. Solomon; second vice president
IT. A Scott; secretary. Harry Niemann
treasurer, II. Hackfeld; sergeant al
arms. c. T. Lynn; executive commit
tee-W. s. DreypolcheB c. n Green,
Louis Brown, o. A. Tolle and Louis
5Bendel: publicity committee-M. Gum
pie, c. Martin and James Daily