davidaulloa/AmericanStories huggingface dataset:
The San Francisco call., 1907-06-26

No increase shall be made in the
rate of taxation (dollar limit au-
thorized to be levied in any fiscal
wear unless such increase be
authorized by ordinance passed
by the unanimous vote OF the SD
pervisors and approved by the
mayor.-From section Is, chapter
1. article 8 of the charter.
The fact that Supervisor Rea was
NOT present at the meeting of the board
Monday and did not vote on the ordi-
nance providing for an extra tax levy
of 90 cents in addition to the 81 limit
is construed by the opponents of the
measure to be violation of the plain
provisions Of the charter, and Will. IN
all likelihood. be utilized in an effort
to have the extra levy declared invalf-
dated.
REGARD LEVY ILLEGAL
While the ordinance was passed by
the unanimous vote OF the II super
visors present. it is contended that the
charter was not followed because Rea
was not in attendance to make 1t a
unanimous vote OF the entire board of
garded as illegal in some quarters, be-
cause the word present" does not ap-
pear in the charter provision. The dis
tinction is a fine one, but many i'm
portant legal cases have been lost for
less cogent reasons.
Should the levy be declared illegal
by the courts on the ground advanced
the appropriations of $72o,00o for the
cleaning and repairing of streets and
the 100000 to increase teachers sal
aries will be null and void, as the in
creased levy was made for those par
ticular purposes.
Incidentally, Supervisor Rea will ex-
perience considerable trouble in ex-
planning to the 900 teachers affected
by the levy his reasons for remaining
away from a meeting at which so much
was at stake.
GALLAGHER Is IN DOUBT
In his veto message Schmitz referred
to the action of the supervisors in
shifting the $4,000 appropriation for
the Geary street road from the 20 cent
extra levy so as TO include 1t in the
dollar limit and putting the $3.50, 900
appropriation for street improvements
under the 20 cent levy after the ordi-
nance was first passed to print Schmitz
saw through the plan of the super
visors to pass the buck" to him and
he vetoed both items, which vetoes,
however, were not sustained by the
board,
Acting Mayor Gallagher said yester-
day that the extra levy was legally
passed by the unanimous votes of the
supervisors present. He did not think
that Rea's absence would affect the
matter, though he admitted that the
question was one for judicial deter
mination
Rea explained his absence from the
meeting by saying that he waited
nearly two hours for II TO be called +o
order and finally left in disgust when
his colleagues failed to come out of
their secret caucus in the anteroom.
The San Francisco call., 1907-06-26
JAPAN AGGRESSIVE IN
MANCHURIAN POLICIES
Plans to Force China tc
Settle the Timber
Dispute

MCKDEN. June 35.-Without wait
ing for an announcement of the policy
OF the new Manchurian administration.
japan, on the ground Of defense of her
treaty rights. has begun program ap-
psrentiy directed toward forcing action
by China II is reported that the Peking
government already has been asked 10
reopen negotiations toward reaching
an agreement in the timber dispute.
All Manchurian industries on the Yalu
river are in a state OF suspense on this
account. General Kojima, military
head OF the timber bureau. IS levying
on one-fourth OF all timber. Three
thousand RATS are tied up for the trad
ing season and 5000 RATS are involved
owing to the fact that 10000 idle lum-
bermen are now in Antung, disorder Is
feared
General Kojima issued a proclama-
ton today intended to relieve the situ-
alton China's default in the negotia-
tions and it's support of a large timber
company in defiance Of japanese pro-
tests has rendered void the plan OF
Kojima for stopping Chinese timber
operations. which he holds to be illegal
China's course since May has exposed
her TO coercion by the altering of the
Japanese Manchurisn policy from CON-
promise to force.
The San Francisco call., 1907-06-26
FRANCE WANTS DUTY
ON WINES REDUCED
TuSserand Returns Home to
Arrange Agreement
With America
JEALOUS OF GERMANY
Root Keeps Eye on Large
Income Derived From
Champagne
JEALOUS OF GERMANY

WASHINGTON, June 25-Not a
treaty. but an agreement under section
8 of the Dingley act, is the purpose of
the visit to France of Ambassador Jus
serand. For several weeks before Sec
retary Roots departure for his sum-
mer home he had been In frequent con-
ference with the ambassador relative
to the tariff relations of the two coun-
tries. The French government had
taken notice of the conclusion of the
German-American arrangement and
was prompt in expressing a desire to
share in the benefits thereof.
The state department had announced
that it was prepared to make similar
arrangements with other countries
where 1t was possible to reach an ar
rangement in the mutual reduction OF
duties.
America already has a tariff arrange
ment under section with France COW
ering the whole list of goods on which
this country can grant a rs per cent
reduction of duty, with the single ex-
ception of champagnes or sparkling
wines. The French government is un-
derstood to desire to secure this last
remaining favor upon the ground that
similar concession had been granted
to Germany. But the factor of equiv
alence" is lacking in this case, for the
trade in German champagne Is trffiing
and the loss of revenue to the Ameri-
can treasury I'm that case is insignifi-
cant Upon the other hand. the cham
pagne imports into the United States
from France last year were valued at
over $4,000, 900, and reduction of duty
in that case would become very i'm
portant.
The San Francisco call., 1907-06-26

ton of the contention that the Oliver
grand Jury was discharged by opera
tion of the law in February
He said that 1T Is of the essence of
the law and plainly the intention of
the legislature that q grand jury shall
be temporary body and that after the
certification of the list for 1907, indict-
ments returned by the oliver grand
jury had not more standing in law than
would indictments returned by the
board of supervisors or the board of
education.
Delmas interjected n bit of dulcet
sarcasm by referring to the supervisors
as an honorable body.
Delmas suggested to the court that
the Glass trial set for Monday, July 1,
be postponed until July 8. Heney OBJ
jected and brought from Delmas a
rather rufled statement that the de-
fense was ready to proceed at once, and
had. in fact. been ready for more than
a month The court took the defense
at its word and permitted the trial date
to stand.
The San Francisco call., 1907-06-26
City Treasurer Bantel
Wants Both Signatures
Says Gallagher and Schmitz Must
Indorse All Demands Before
He Pays Them

Up to the close OF office hours yester-
day no demand signed by acting Mayor
Gallagher had been presented to City
Treasurer BanteL The latter official
had announced that he would not cash
any demand that was not signed by
both Schmitz as mayor and Gallagher
as acting mayor in cases where the
charter required the signature of the
mayor The graft prosecution had
planned to make a test case of the mat
ter in. order to determine whether the
treasurer could be compelled to recog-
nize the authority of Gallagher as de
facto mayor.
Auditor Horton stated that he had
signed the salary warrant of Schmitz
for June which had been signed by CAL
lagher as acting mayor. Gallagher said
that he had not signed such a demand.
but that he had signed a demand on the
urgent necessity fund In the sum of
$11e for the repair of the big red auto
mobile which is used by Schmitz to
convey him TO and from the county Jail.
Gallagher stated that the salary de-
mand of the mayor would not come
to him in the ordinary course of busi-
sign Schnitz' demand for the month of
June up TO the time that he, Gal
iagher, had been elected acting mayor
on June II. Schmitz under that con-
struction would only be entitled to
seventeen thirtieths OF his monthly
salary of $500, or s2S3.S3. Gallagher
further stated that he would not draw
the salary attached to the mayoraIty,
as he had refused to do so on former
occasions when Schmitz had left the
state. That was when the relations
between Gallagher and Schmitz were
more cordial than they are at present.
Gallagher also said that the monthly
allowance of $500 from the mayors
contingent fund had already been
drawn for June by Schmitz. but CAL
! lagher was not prepared to say
whether he would present a demand
for the July allowance.
IF I find that the expenses of con-
Quoting the mayors office are such as
to warrant drawing on the contingent
fund appropriated to the Office shall
draw a demand for the money" said
Gallagher.
Auditor Horton stated that he rec
ognized Gallagher as the de facto
mayor and would honor the latter's
signature on all demands, presented
to him. Bantel reiterated his deter
mination not TO cash any demands un-
/ less they were signed by both Schmitz
and Gallagher, and 1t looks as though
Bantel had the whip hand in the case.
The San Francisco call., 1907-06-26
MANY LABORERS HURT
IN COLLISION OF CARS
Fog Is So Thick That Motormau
Fails to See Train Ahead
of Him

LOS ANGELES, June 25.-Running
through the dense fog along the ocean
front early today an electric car on the
Los Angeles-Pacific railway, loaded
with 72 laborers, crashed into the rear
of meat train of three cars at the
switch of the Southwestern Packing
company, six miles this side Of Playa
del Rey, demolishing the car, hurting
the men in the air and injuring more
than a score of them.
Motorman Valdez, who was running
the car, and 10 of the more seriously
injured were brought to the receiving
hospital here. Their injuries consisted
Of broken bones and minor hurts. Few
on the car escaped injury of some sort.
All of the men were Mexicans
The San Francisco call., 1907-06-26
POLICY HOLDERS DEMAND
COMPLETE SETTLEMENTS
Compromises Effected by
False Representation,
They Allege
MANY CONCERNS SUED
Insurance Companies Placed
in the Light of Crafty
Swindlers
MANY CONCERNS SUED

Suits to compel seven insurance COM
panies to pay over what they saved on
compromise settlements following the
great fire OF April. 1905, were begun
yesterday by the Policy Holders ad-
justment company. The defendants are
the Caledonian insurance company OF
Edinburgh. Commercial Union assur-
ance company of London, Prussian Ma
tional insurance company, American
fre insurance company of Philadelphia,
Law Union and Commercial insurance
company, Hamburg Bremen insurance
company and the Agricultural insur-
ance company.
In each suit the defendant is
charged with falsely representing itself
financially unable to meet its liabilities
Another allegation is that the defend
ant corporations said nothing OF hav-
ing reinsured most of their business
with solvent companies.
The suit against the Caledonian is
based on the claim Of Schoenholz &
Elsbach, who took $4,000 on policy
for s12.50o. The other suits are of a
similar nature. According to the COM
plant, the Commercial Union, by mis-
representation, induced the Goodyear
rubber company to accept s12,500 In
full payment for two policies calling
for $4,000; the Prussian National paid
only $8,652.S9 on claim OF the Good
year company for s4,S70.62; the Ameri-
can FIRE settled the $4,000 claim of the
Williams-Marvin company for $1,000;
the Law Union paid $4,000 on the
$4,000 claim of the Joseph Rich COM
pany; the Agricultural made similar
settlement of Rich claim for the same
amount, and the Hamburg Bremen paid
$4,000 on Charles Hirsch's claim for
$4,000
In each case the Policy Holders ad-
3ustment asks judgment for the differ
the amount paid by the defendant in
surance company.
The San Francisco call., 1907-06-26
SEVEN PERSONS KILLED
BY FALL Of TENEMENT
Structure Built so Years Ago
Collapses and Buries
Inmates

NEW YORK, June 25.-Seven per-
sons, six of them members of ono
Italian family, were killed early today
in the collapse of tenement in the
downtown Italian quarter. Three other
members OF the same family, including
the father and mother, were injured
and are In a hospital, but will recover.
Exciting scenes followed the collapse
of the structure, one of which was
the rescue of an old man from a. two
foot ledge 40 feet from the ground.
this portion of the fallen building hav-
ing adhered to the adjoining structure
long enough to permit the firemen to
get to the scene, raise ladder and
take the man safely to the ground.
Then 1t also fell into the ruins.
The collapsed building was four
and was located at the corner Of
walker and Lafayette streets. 1t had
been in dangerous condition because
of excavations for a new building on
the adjoining premises. Most of the
tenants, warned by the ominous creak-
ing, fed few minutes before 1t col
lapsed-
The dead were buried under tons of
debris and 1t was not until the firemen
and volunteers had worked for four
hours that their bodies were recovered.
George Blumenthal, the contractor
who had charge of the repairs of the
building, was arrested and charged
with homicide
That many more people did not lose
their lives in the collapse of the build
ing was due to the two younger occu-
pants of the house, who attended an
Italian celebration last night. The
boys reached home shortly before 2
o'clock this morning and, warned by
the severe shaking OF the house, ran
through the building and warned the
sleeping tenants of the impending
danger.
The San Francisco call., 1907-06-26
City's New Mayor Has
Not Yet Been Selected
Prosecution Is Deluged With
Letters From ASpirantS
and Their Friends

Eugene E. Schmitz will appear before
Judge Dunno tomorrow for sentence
His attorneys will ask for delay, but
the prosecution desires that the matter
be expedited in order that the reorgan-
ization of the city government may be
effected as speedily as possible. The
prosecution has been unwilling to go
ahead with its plans until sentence
shall have been pronounced upon
Schmitz.
The attorneys sor Schmitz had
planned to file yesterday the new petit
tion for bail with the district court OF
appeal, but the document has not yet
been completed, and IT may be several
days before it is filed. In the mean
time Schmitz will rest content in the
county Jail and from his quarters there
will attempt to conduct the business
of the municipality.
The prosecution announced yesterday
that the new mayor had not been se-
Iected and that Gallagher would con-
tinue as acting mayor until selec-
tion had been made.
In the meantime candidates appear
every hour. The district attorneys
Office has been deluged with letters
from aspirants for the place as well as
from their friends.
In the Mission movement has de-
veloped In favor of James Rolph Jr,
of the shipping firm of Hind, Rolph
& Co., and president of the Mission
bank. Rolph is on his way home
from Europe and is said to be in ignor-
ance of the little boom worked up for
him. He will return to San Francisco
in few days and will be the guest
OF his admirers at banquet shortly
after he reaches the city. Rolph ia a
member of the California Promotion
committee.
Friends of F. w. Dohrmann have
urged his name upon the prosecutors
but Dohrmann himself has not been an
active candidate.
The San Francisco call., 1907-06-26
Extra Tax Rate Levy May
Be Carried to Courts
Point Is Raised That Absence Of Rea
Invalidated Act of Supervisors

for writ of prohibition to the appel
late court today and alleges that Judge
Seawell has no Jurisdiction to sit in the
case.
Coghlan and Mcmillan raised the con-
tention that the constitutional amend
ment passed last year provides that the
dismissal of municipal officers appoint
ed by charter provisions is dependent
on those provisions. Dinan, In other
words, can only be dismissed on charges
preferred by the police commissioners
responsible for his appointment. In
the absence of charges by the police
commissioners against Dinan his coun-
sci argue that he has to be charged
with misdemeanor before a police mag
istrate and tried. In the event of his
conviction the police commissioners
can then be forced TO dismiss him.
In overruling the objections or
Dinan about the invalidity OIL the pro-
ceedings against him Judge Seaweii
said yesterday that he was not inclined
to rule positively on the right OF Dinan
to investigate veniremen.
There can be no doubt" he ADDED.
about the other charge preferred In
this case. A chief of police who con-
spires to maintain house of III fame
Is doing something not only outside the
province of his office, but Is clearly act
ing in gross violation Of the law.
Judge Seawell continued the case for
plea until Friday. Dinan's counsel gave
notice of an exception and announced
that il the case eventually came to
trial in the superior court they wished
to have 1t heard before him. Assistant
District Attorney Robert Harrison ex-
pressed a like preference for SsawelL
1t is believed that by the time
Dinan's attorneys have exhausted their
obstructive tactics in the appellate
and supreme courts the vacation of
Judge Seawell will be ended and he VIII
be ready to fix date for the beginning
of the trial
The San Francisco call., 1907-06-26
TWO NEW NATIONAL BANKS
ARE FORMED IN GOTHAM
Former Governor of Vermont Will
Be President of One of the
Institutions

NEW YORK, June 25.-Two new ma
tional banks, II was announced today,
are in process of formation here One
Of these, the Sherman national bank,
has about completed its organization
plans, but the other bank. which will
be located in the Forty-second street
district, and will be known as the
Bryant Park national. may not begin
business until some time In the fall.
The Sherman national bank is being
organized by Edward c.. Smith, former
governor of Vermont, who will become
president of the new bank A lease
has been taken of the quarters in the
Astor Court building at Thirty-fourth
street and Astor court.
The San Francisco call., 1907-06-26
GRADE TO REMAIN AS 1T is

The proposed raising Of the official
grade Of Polk street at its intersection
with Chestnut street will not be car
ried out. Judge Seawell decided against
il yesterday IN the suit of John H
Sievers against the Warren improve
ment company. Sievers asked for q
permanent Injunction, and Judge Sea-
well granted his prayer. The decision
was not based on the contention that
property owners would suffer, but on
the ground that the Warren improve
ment company had failed to obtain the
necessary permit for the work from
the board OF public works.
The San Francisco call., 1907-06-26
COLORADO PROMOTERS ARE
JAILED AS SWINDLERS
Federal Jury Indicts Three Well
Known Men on Charge of U.s.
ing Mails to Defraud

DENVER. June 25.-Charged with
using the mails in furtherance of a
scheme to defraud, the medium being
the Financial security and, trust COM
pany. the Goldfield Glow mining com
pany and the Free Coinage mining
company, w. F. McQuarrie, president
OF the nrst named company and one of
the most prominent and wealthiest
mining promoters in Denver; Dr. d. A.
Saunders. one of his associates In
business, and F. A.. Saunders. secretary
or the Financial security and trust
company, were indicted by the federal
grand jury. They were arrested TODAY
and each gave a bond in the sum of
$4,000.
The San Francisco call., 1907-06-26
.COOGAN ARGUES THAT
GRAND JURY.|s DEFUNCT
Continued From Page i, Column

the grand jury box after the fire and
the claim that the Brennan grand jury
was not discharged.
The administration of the oath Of
office to the grand jury stenographers
by Foreman Oliver was attacked on the
ground that the code by implication
contemplated the administration of the
oath by the court, ana by the same
implication that the oath administered
should be Identical with that taken by
the foreman and members of the grand
jury. Following this argument to its
natural conclusion, Coogan contended
that the three stenographers were as
many unauthorized persons in the jury
room, in violation of the code.
The failure of Judge Graham's clerk
to engross IN the minutes the orders
for the return of the names to the
grand jury box, the discharge of the
Brennan grand jury and the admins
tration>of the oath to the oliver grand
jury furnished three more minor objec-
tions which Coogan claimed proved the
present grand jury an illegal body at
It's very inception.
Coogan next assailed the restoration
of the grand jury box after the April
disaster because 1t was not encom-
passed under the provisions of the
restoration of records act passed by
the legislature in the extraordinary
session of 1906. He contended that the
restoration of the grand jury box was
the restoration of records in both a
criminal and special action. and, there
fore, within the purview of the act
Taking the other side OF the argument,
he insisted that IL the restoration could
be effected by an inherent power of the
court 1t could be accomplished by the
exercise of that power by at least a
majority of the members OF the court.
and not by the act OF single member.
Judge Graham.
D. NJ. Delmas. associated with
Coogan in the defense of Glass, ad-
dressed the court briefly In amplinca-
The San Francisco call., 1907-06-26
BLACK HAND SOCIETY
THREATENS TO KILL MAN
Members of Gang Try to Dynamite
Italian Leader and Family and
Then Demand $1,000

NEW YORK, June 25.-Members OF
the Black Hand society. who attempted
recently to murder Joseph A. Mar
roney and his family by placing dyna-
mite in the kitchen stove at his home
at Mount Vernon, have now set the
day for his murder unless he gives
them $1,000. Marroney received his
last notice through the mail Monday
The letter, which was postmarked
New York. had skull and cross bones
at the head. and read
Unless you leave 81 900 where we told you to.
you'll be killed and buried In the New Rochelle
cemetery BY July 8.
The message was signed BLACK
Hand" After the signature was
drawn coffin. Marroney. the pro-
prietor of the Wigwam hotel, Mount
Vernon, is wealthy democratic italian
leader in the section. The police have
arranged to guard Marroney night and
day.
The San Francisco call., 1907-06-26
OAKLAND EMBEzzLER CAUGHT

SACRAMENTO. June 25.-On the re-
quest of the district attorney of Ala
media county, Governor Gil1ett issued
this morning a requisition on Governor
Hughes Of New York for the return
to Oakland of George Gamer. wanted
there for embezzlement- Gamer is
charged by his former employer, III. Il.
Ketz, of Oakland, with having run off
with the sum of 5000 intrusted to his
care He is being held in the east
awaiting the arrival of T. j. Flynn,
who is agent for California in the
natter.
The San Francisco call., 1907-06-26
FIGHTS WITH HIS PEN
Schmitz Crosses Out Gallagher's
Signature Before Signing Permit

The resolution passed by the super
visors last Friday granting the Central
athletic club a permit to conduct an
amateur boxing exhibition was re-
turned yesterday by Chief OF Police
Dinan, who had refused to recognize 1t
until it was signed by Schmitz. The
latter had drawn lines through the
name of Acting Mayor Gallagher, and
had signed his own name instead, as
mayor. When Gallagher saw what
Schmitz had done he rewrote .his sig
nature as Acting Mayor" at the bot
tom of the resolution
The San Francisco call., 1907-06-26
Judge Seawell Decides
Against Chief of Police
Overrules Dinan's Objections to
Custer Proceedings Begun
by the Grand Jury

Chief of Police Dinan's objection to
the proceedings TO oust him from office.
which are based on the grand jury's
accusation that he was guilty of will
full misconduct in tampering with the
veniremen drawn for the Schmitz trial
and that he had conspired with the
FTenchman, Andrieu, to maintain a
Bsrbary Coast deadfall were over
ruled yesterday by Superior Judge Sea-
we'll.
Through his attorneys, Nat Coghlan
AKA Robert Mcmillan, Dinan Will apply
The San Francisco call., 1907-06-26
BALLOON FALLS INTO SEA

NEWPORT, Belgium, June 25.-A
balloon coming from the direction of
Dunkirk fell into the sea tonight.
Tugs have gone out in an attempt to
rescue the aeronaut.
The San Francisco call., 1907-06-26
THE BANK OF SAN FRANCISCO
Dividend Notice

successor TO the Citizens National
Bank. Polk and Sutter streets. has de-
ciared q dividend on savings accounts
for the half year ending June so. at the
rate Of four per cent per annum, pay
able on and after July l.
The San Francisco call., 1907-06-26

Henry g. w. Dinkelspiel and Bert
schiesinger,. attorneys at law, are now
associated together as Dinkelspiel &
Schiestnger, with offices in Claus
spreskels bldg, Tel Temporary 4l7a, :