The San Francisco Call and Post from San Francisco, California • Page 2

2 months later he was teaching school In Buttc county a district which is still known Upham district. in the fall of 1563 he was elected county superintendent of schools in Butte county, which position he filled for two years. In the fall of 1867 he was elected superintendent of schools of Yuba county and served until March, 1570,, uROWTH OK HIS Bt'SINESS In IS7O he removed to San Francisco, where he purchased an interest in the firm of Henry Payot 0.., at that time dealing almost exclusively in foreign books, at 622 Washington street. In 1876 they removed to 204 Sansome street, where they rcmanied until 1891, when they were again forced to remove because of cramped quarters. They then secured a lease on a building at the corner of Pine and Battery streets and soon afterward established a printing, book binding and engraving pjfent This necessitated the lease of eight floors in adjoining buildings.

In 1902 the firm purchased property on the opposite corner and erected a six Ftory building 1 thereon. At that time the jusiness was the largest of the kind west of Chicago. After the flre and earthquake the firm did not reenter the field. The two sons of the deceased. Isaiah Oliver and Benjamin Prince Upham.

together with J. L. Upliam. continued the business along the same linos. For several months Upham had been living at the Hotel Vendome and was supervising the reconstruction of the state hospital buildings at Agnew.

SOLDIERS FIRED ON FjtOM' AMBUSH Continued from Tajre 1, Column 4 the 100 indictments for murder, hundreds of others will be indicted for rioting, arson, burglary, larceny and malicious destruction of property. It is expected that fully 750 men will have to stand trial and face sentences for their outburst of mob violence. In all probability a disagreeable surprise Is in store for many who since their arrest have been expecting to escape with a fine for disorderly conduct. The plan of investigation wh-ich Is being carried forward aims to confront them with unequivocal charges of murder. WILL SUE FOR 3IURDEU "We intend." said the assistant state's attorney, "to ask for Indictments for murder in every case possible.

I shall take as our precept the famous anarchist case of Chicago, generally called the "Spies' case, where a man was banged for murder although he was two miles away from the acnial bomb throwing. The law of Illinois Fays That when it is shown that a person has aided, abetted, assisted, advised or encouraged a murder he can be held as a murderer. We mean to follow the law to the letter. start will be deliberate. Each person who tells us anything will be asked to tell us of a neighbor or other person who knows something, and in turn that person will be interrogated respecting other persons who have information.

Thereby we hope to obtain evidence for new warrants daily as long as the grand jury is In session, which will be two weeks. The number of persons subject to Indictment for murder depends upon the degree of our euccoss in obtaining evidence." The first cajse to be considered by the prand jury tomorrow will be' that of George Richardson, 'the negro accused of the assault upon Mrs. Earl TlaHam." It is expected that Richardson will be indicted before night. Mrs. Hallam has identified him from among a gang of negroes brought before her.

It is expected that Sheriff Werner will bring both Richardson and James back to Springfield after the indictment is returned and that they will be tried at once. This will serve to appease the people. The case against the assailants of William Bowe will be taken up next. John farmer, a negro who helped to rescue Bowe, will be the chief witness. Then will come the case of Abraham Raymer, accused of helping to hang It is said Mrs.

Donnegan be able to identify Raymer as one of the men who dragged her husband out of the house. The grand jury then will seek to attach the blame for the attack on Loper. The authorities now expect they will be able to land the negroes who killed G. W. Scott.

It is thought that Scott was shot by two negroes who were on the roof of a building near the scene. JURY HOLDS SOLDIER Coroner's Tribunal Recommend? Trial of Bayonet Slayer KANKAKEE, 111, Aug. The coroner's Jury at the inquest over the body of Earl Nelson, the young man who was bayoneted by Joseph B. Klein, a member of the. First infantry, Illinois national guard of Chicago, while the special train bearing the company of which he was a member was passing through this city, retarned a verdict tonight recommending the apprehension of Klein and holding him for action by the grand jury.

Immediately after the finding was reported, B. W. Nelson, father of Earl Nelson, swore out a warrant for Klein's arrest. The warrant was placed In the hands of Deputy Sheriff Frank Badd for service. The deputy, accompanied by State's Attorney J.

B. Miller, left at midnight for Springfield. (State's Attorney Miller returned from Springfield at 6 o'clock tonight, where he was In conference during the day with Governor Deneen and Attorney General Stead in connection with tho killing of Nelson. FEARS CHICAGO RACE WAR Eugene Chafin Says Whisky Is to Blame for Rioting CHICAGO, Aug. Eugene W.

Chafin, the prohibition candidate for the presidency, who was injured In Springfield at the inception of the race rioting while trying to protect a negro who was pursued by a mob, declared tonight that Chicago is in danger of sooner or later being thrown into the same state of rioting as was experienced in Springfield. He declared it to be hla belief that unless the saloon conditions of the city were changed worse race war than has ever been known in this country is certain to take place. The lack of a proper Sunday closing law. he said, or the failure of the authorities to enforce the existing laws was breeding the sort of thing seen in Springfield. The true cause of the trouble, he raid, is whisky.

"It the open town," he declared, "that' is bringing the bad negroes up from the south." Sail Through the Air At Santa Cruz. August. 22 and 23 are airship days. Thousands of balloons, balloons on the water, balloons on the land, balloons in the air, balloons everywhere. Balloons will admit you to the swimming tank, chutes, scenic railway, miniature railway.

Balloon fireworks, grand day and evening. Southern Pacific round trip rates, $2.60 Sundays; Saturday, to Monday' S3. Ticket offices, 884 Market street, 14" Powell street. Third and Townsend streets; and Thirteenth and JTranklin streets, Oakland. KERR ARRAIGNS SUPREME COURT Continued from Vast! 1, Column 3 equivalent to threats and are unlawful, for which there Is a criminal liability." 13.

It is too well settled to admit of serious discussion that acts which are, in and of themselves, lawful and which may be dono without the party committing them being called to account therefor, become unlawful, and for which a party may be hold to account In a criminal prosecution when done or threatened for tho accomplishment of an unlawful purpose. Thus tho modern decisions hold that workingmen may lawfully strike for the purpose of bettering their condition or securing their rights; but a combination cause a strike for the purpose, of injuring and destroying the business and property of another or depriving another of his liberty or property without just cause is both unlawful and criminal. 16. SAME FRENCH RESTAURANT CASES. In the case of People vs.

Schmitz (March 9, 1908), the supreme court say: "In this case the indictment charges that the defendant threatened the restaurant keepers that If money was not paid him, be would prevent them from obtaining or receiving a retail liquor license and thereby destroy or render unprofitable their restaurant business, of which the sale of liquors at retail formed the remunerative part. It is not stated how the proposed to do this; or how it was understood by the parties that he would accomplish it. whether by fair persuasion and lawful influence over the commissioners or by duress, menace, fraud or undue influence exercised upon them. This is not a case where it is sufficient to charge an offense in the language of the statute defining it. The court can not assume, in the absence of any averment to that effect, that Schmitz was mayor of the city and, as such, in a position to exercise power and undue influence over the members of the board of police commissioners, or that Ruef," his codefendant, was a person in practical control of the city government because of his political activity and influence or otherwise able to exert an undue influence over the board, nor can it.

be inferred or presumed, when it is not so charged, that the defendant threatened to prevent the issuance of the -license by unlawful means, and not by lawful and innocent persuasion and argument. It may well have been the case, that the threat made did not express in words any intent or purpose to use any of the unlawful means referred to, and yet that the purpose and ability to use such means successfully were perfectly understood by the parties concerned, because of the circumstances known to them. This absence of express avowal would not obviate the necessity of pleading the facts necessary to make the threat criminal." 17. It is thought that the above paragraph violates well recognized rules of statutory construction and well settled rules of criminal pleading, and that the case cannot be safely relied upon as an authority outside of California. It is a flagrant violation of the spirit if not the letter of section 4 of the penal code and the old rule that it is the duty of the court, where it is possible, so to construe the statute as to uphold the indictment and promote justice instead of effecting a miscarriage of justice.

Several things occur in connection with a consideration of the foregoing quotation from the supreme court. I. If an indictment can lawfully be upheld the "court, as the judicial voice of the state, is bound to so uphold it. It is not the province of the court to seek some strained view of the law by which an indictment of one accused of crime can be quashed. 11.

The construction of the code provision on extortion is to be made, not technically, but according to the fair import of its terms, with a view to its object and to promote justice. 111. It is not charged, and the statute does not require it to be charged, that the threat was made by Schmitz acting in his official capacity. The crime of extortion under our statute is not the old common law crime of extortion, which could be committed only by an official acting in his official capacity. Under our statute It is immaterial whether Schmitz held any official post- tion or whether Schmitz and Ruef had any power or influence to carry out the threat: the only thing to be considered is: Did the accused extort money by means of a threat? Official position or power to carry out the threat la neither material nor proper.

IV. It is entirely immaterial by what means Schmitz and Ruef intended to accomplish their threat to have the liquor license withheld whether by fair persuasion of the board of supervisors or by menace, duress, fraud or undue influence. The crime charged did not consist in- the deaings with the' board of supervisors, but in the threat made to the French restaurateurs, by means of which the fears of the latter were aroused, and they were forced to pay to Schmitz and Ruef money to which the latter were not entitled as a means of preventing Schmitz and Ruef from carrying out the threat. To require the indictment to contain an allegation of the means intended to be used by Schmitz and Ruef to accomplish their unlawful purpose the means to be used with or to influence or to menace or duress or fraud in dealing with the board of is indubitably bad law and bad pleading. V.

The declaration that the case "is not one which is sufficient to charge an offense in the language of the statute defining it," made by the court, needs some reason and good authorities to make it good law outside of this state, and also in this state under the system of criminal pleading provided for by the which should be the law by which criminal pleading is to be measured. VL- It does not seem to have been suggested to the court. And it does not seem -to have pecurred to the learned Judges thereof that the trial court was required to take judicial notice of the bead of department of a co-ordinate department of the government of the city and county of San Francisco and to take judicial notice of the fact that Schmitz was at least de facto mayor. VII. The position and practical control of Ruef as the "political boss" of San Francisco (a position unrecognized by law) and his undue Influence over the board of supervisors (the exercise of which is contrary to public policy) was merely matter of evidence and not a matter to be pleaded.

The only thing that is Important is. Was the threat made and did the defendants, Schmitz and Ruef, through such threat extort money, and by means of the fear raised thereby? If they did it is utterly immaterial whether Schmitz was mayor or Ruef was a "political boss" and bad or had not any influence with the board of supervisors. The supreme court seems to lose sight of the fact that the crime of extortion in thia state is not confined to persons in office and exercising official Influence. VIII. A threat to do a lawful act, If made for the purpose of putting a person in fear and, thereby securing money or property which the person was not in law entitled to have and receive, renders such person guilty of extortion under the weight of decision and the better doctrine, and taking the case in that view.

the indictment Is amply sufficient and should have been upheld by the court. The case of Boyson vs. Thorn, OS 678; .33 Pac. 492, has no application and its citation by the court only tends to befog the issue. AGED MAN, IN LOVE, IS THROWN.

INTO PRISON Mad Passion of Elderly Swain Is Thwarted by Sheriff's" Warrant PORTLAND, Aug. Thrown into Jail on a warrant charging Insanity, eworn out 'by one of his six sons. Joseph Meyers, head of a big drygoods store at Salem, and one of the most prominent merchants of the state, was today prevented from taking a secOnd wife. Mr. -Meyers, who is 70 years -old, arrived in Portland today and after arranging with a clergyman tp perform the ceremony went to the county clerk's office to secure a license.

At the desk he was-met-by-a deputy sheriff, who served the warrant and placed him in Jail; where he is tonight. Mr. Meyera said tonight; that it. Js. merely, a question and that hir sons fear in marrying they will ilose.

his He has-employed lawyers, who will. bring habeas corpus proceedings tomorrow. THE SAJST PRANCftSCO TUESDAY; AUGUST 18, 1903. NEW EVIDENCE IN ANNIS-HAINS CASE District Attorney Learns Many Facts Showing Motive for Shooting Handcuffed, Brothers Are Taken to Court Together for Their Arraignment SPECIAL DISPATCn TO THE CALL NEW YORK, Aug. Evidence bearing upon the motive for the shooting of William F.

Annis, advertising manager of a well known magazine, by Captain Peter C. Hams Jr. which was of more than ordinary Interest came. to light today. District- Attorney Darrin has established that Captain Hams and Annis were on such friendly terms that they went automobiling together as recently as May 29 last.

Two women were in the party and the police believe the women were Mrs. Hams and Mrs. Annis. A motor cycle" policeman arrested the party for speeding on Ocean parkway. The case was postponed in court and is still on the calendar.

The party was in Annis' automobile and. the police held Annis in $100 bail. Annis only had but $20 and the police were about to lock him up when Captain Hams stepped forward and handed the prisoner four $20 gold pieces, thus obtaining his release. "I have also been told by friends of Captain Hams and Annis that this fiendshin ceased after a 'talk. Captain Hams had with his brother, T.

Jenkins Hams," said the district "I intend to have T. Jenkins Hams tried as an accessory before and during the fact, as I believe he is as guilty as his brother. LETTER STARTED TROUBLE "It was his letter to Captain Hams that made the latter hurry home from the Philippines and question his wife regarding her alleged conduct with Annis, and it was T. Jenkins Hams who prevented any one from stopping Captain Hams from shotting Annis." It was learned today that it will be made a part of the state's case against Captain Hams and his brother- that on their way to the scene in a Bayside hack they loaded their revolvers in anticipation of the crime. Among the state's witnesses will be Martin Skura, better known as Martin Brown, a hack driver, who meets the trains at the Bayside station.

Skura's hack was taken at the station Saturday afternoon by Captain Hams and his brother, who alighted from the 1 o'clock train. "We want you to take us to the Bayside yacht club," said Thornton Hams. The two men sat together in the rear seat. After leaving the brothers at the clubhouse Skura drove back to town. Late that evening he discovered a cartridge box containing 37 cartridges in the rear of his wagon.

The cartridges are 45 caliber and of the kind used by Captain Hams in killing Annis. ARE FRIENDLY Another remarkable feature of the case is the friendship which exeats between "Mrs. Annis and Mrs. Claudle Hams, Captain Hams' wlf el Mrs. Hams called upon Mrs.

Annis yesterday afternoon, "it was learned today, and remained' with her until nearly midnight. Mrs. Annis, who witnessed the shoot- Ing of her has been prostrated since the tragedy. It Is said she has several letters written by Captain Hams to her husband threatening his life. One of these letters, it is said, was received by Annis the day before he was shot.

The letter warned, him, It is reported, that Captain Hams would shoot him on sight. Mrs. Annis said that she did rtot believe Captain Hams intended to shoot her husband, but that he wanted to serve him with papers in a divorce proceeding. Mrs. Annis frequently entertained Mrs.

Hams and several times Mrs. Hams was taken on automobile rides with Mrs. Annis and her husband. General Hams Is in New York at the Hotel Astor, where he can, be near his eons. He was asked today lie had seen his daughter in law and replied that he had not.

He told of an arrangement which had been reported as existing, whereby Mrs. Hams" could visit her children every two weeks and stated emphatically that he would not permit her to take charge of the little ones unless his son, Captain Hams, agreed to let her have them. General Hams declined to discuss the of Annis by his son, saying his lawyers had advised him not to talk about the case. WIFE PLEADS FOR CHILDREN' "I wanted to see my children today," said Mrs. Peter C.

Hams Jr. this evening at Highlands, NC J. "I made the -trip from New York to see them. I have a perfect right to see my children," ehe continued. "They should be with me.

I am their mother, and I have the right to care for them. When Captain Hams and his brother and hla father brought this terrible and untrue charge against me I did not understand what I was "I was afraid of the -deathly afraid of him. He had beaten me in his mad rage. His eyes were like those of a wild man. His voice would choke and he could- hardly speak.

He would not let me explain why he was making a terrible mistake. -He would only wave his arms in the air, pull his hair and swear. He acted like a crazy man. "It is hard to tell the 'story ma connected way. 1 1 don't see 1 why I should tell but such terrible reports have been, circulated that I am, Justified in branding them as i "Just think, of having a terrible He thrown in your face, tjien of having your, husband beat you until your arms, back, sides and body with the awful blows.

"Then this awful brother and stern father calling you and "such names. I suppose Idid sign the paper, but I think a woman would have signed anything under, the circumstanced. know I was' so 111 that 1 1 could hardly hold my head up when they brougnt the paper to me. "Captain Hams should be punished. I hope for my.

sake that he does not but his punishment should be For the first time Hams broke down and- tears streamed down i her face. She lifted her veil and displayed a face" of rare beauty. Her blender fornv shook; with emotion. HAINS ONCE SLAYER The district attorney was Interested 'when he I learned that T. Jenkins Hams had skilled a tnan lat Fortress Monroe, 17; yearsj ago, and the court proceedings during: his trial.

Ned Hannigan, the Hams killed, was his best friend and 'it is 'a Btriking coincidence that he shotfhlmjiniaisailboat.v;. While Annis was lying on the float of the Bayside yacht after, he had been shot, Rockwell scribbled. on an envelope ithese words: Captain Peter C. U. S.

August sl -This was handed to Vthe dying; man and in firm he signed his name." When- taken" to a police station at Long Island City SAYS SHE SWORE TO MANY LIES Sent Labor Leader Fred Yockey Behind the Bars of a Southern Prison Charged With Conspiring to Blow Up the Yellow Astor Gold Mine LOS ANGELES, Aug. 17. The arrest by private detectives in this of Fred Yockey, vice president of union No. 44 of the western federation of miners at Randsburg, on the charge of conspiring to blow up the Yellow Asten gold mine withdynamite has developed. a complicated situation.

Yockey was arrested, it is said, upon complaint of Mrs. Alice G. Clark of 1324 East Forty-eighth street by a detective working for the Hurst detective agency, which was retained by the 'Yellow Aster mining company 1 to secure certain evidence. According to published stories, Mrs. Clark now charges that all of the accusations against Yockey are false and says that she was compelled to swear to" them by Joo' Coplan, another detective of the Hurst company, who forced her to sign the statements at the point of a pistol.

The whole plot, she avers, was an effort to break up tho miners' union at Randsburg. Yockey is taken to Randsburg today, where the miners are said to be greatly incensed over his arrest. "THis whole "plot would be ridiculous If.it were not so Infamous," declared Yockey. "I can clear myself in an hour at a preliminary examination and have absolutely no fear of the outcome. "The evidence trumped up against me is just like the evidence that was made to order for tho prosecution of Moyer and Hay wood and Pettlbone.

It is a parallel case There wasn't anything doing up in the Randsburg country; and some detectives simply worked out a plan to make business good. I do not take much stock in the story that the company thought It was being robbed of rich there is nothing to that that I know. There had been a strike against the Yellow Aster since, 1903 and of course it is not friendly with the union. "It Is true that I was vice president of the union at Randsburg, but I resigned that office a short time ago and left the mines, Intending to go to the oil- fields." Mrs. C.

H. Clark met Yockey today at the office of his attorney. She told again, her story of the alleged plot to send Yockey tp prison, as Yockey had told it before her arrival. "I have remained silent as long as I am. going to be," Mrs.

Clark said. "I was. forced to sign the false reports to the detective agency and, the mining company, but I will not see an innocent main railroaded." SAVAGE DOGS RAVAGE BLOODED STOCK HERD Stanford Cattle Killed by Animals Despite Vigilance of Vaqueros PALO ALTO, Aug. -Headed by an Immense Newfoundland, a pack of three dogs is ravaging" the herds of blooded stock of the Stanford stock farm; and, despite the efforts of expert vaqueros, are killing calves with impunity. The dogs have slain three blooded calves within the last few days.

The breeding- of race horses at the Stanford farm has been given up and the ranch has been devoted to the raising of fine cattle. The dogs made their first attack on the stock during the last week and they have displayed the cunning of wolves. The dogs hunt for sport only, never disturbing the carcass. After killing an animal they immediately take to the brush. On Saturday they cornered a blooded calf in a gully and only the timely arrival of the stockmen, who had witnessed the start of the chase, prevented its killing.

TO SELL -GAS STOCK WILMINGTON, Aug. At a special meeting of the Bay State gas company today a resolution was adopted authorizing the president to dispose of 278,000 shares of stock in the treasury of the company. It was stated that 2.205.211 shares of the 3,700,000 shares of the company's old stock were represented at the meeting. APPOINT TOLLHOUSE POSTMASTER WASHINGTON, Aug. Max- H.

Yancey was today appointed postmaster at Tollhouse, Fresno county, vice G. P. Baley, resigned. Rural carriers were appointed as follows: Holtvllle, Marlon J. Alexander vice Mattie M.

Alexander, resigned; San Diego, Thoodora Seely vice Charles Weymouth, resigned. FINANCIER DIES IN GERMANY Aug. Frank S. Hambleton, former member of the banking house of Hambleton Co. of this city, died yesterday at Bad Nau heim, Germany, aged 54 years.

lie was prominent in rthe financial circles of Baltimore. He went abroad for his health in July. this morning they had to wait until a petty cases had been disposed of before their' case was called. They were locked in the prison pen and when were arraigned stood on 'the bridge, handcuffed together. Their father was in the courtroom, but he had no chance to speak to his sons.

Their counsel, -William C. Percy, asked for a continuance of a week and it was Then trie brothers, handcuffed to detectives, were taken through the streets to a trolley line five blocks away, followed by a crowd. Photographers took pictures of them and when one: of 'the detectives told the photographers they had taken pictures, T. Jenkins Hams spoke i up, "Let them take all they want; give them 1 a chance. They'll get them anyway." PICTURED FOR ROGUE'S GALLERY Later, the prisoners were taken to Brooklyn police headquarters, a trip of miles in patrol wagon, 'where: a photograph was taken for the Bertil- lon decords.

Attorney Darrin in the afternoon announced he a special grand jury i an ef fort: 5 to have -an early indictment the -J' brothers. says he expects to them trial by the middle of September. T-'XThe coroner's- inquest has been set for Wednesday morning. -funeral Willlftrnv be- held tomorrow" morning? from his apartments i in the on'; Claremont'avenue. i L.

C. Page, a- Boston -staying at the. 'Hotel and I who? has published' numberj of Jenkins Hains'l stories, made public today alletter iwhich he says he re-" ceived from- Jenkins Hams: more than a month ago; in, which the -writer, said -that, -was great' distress owing -to a family, that 'his brother was broken hearted oun t'O by' man and that; he 7 very -much Page would come and help him. BUDD'S SECRET IS AT LAST REVEALED Mysterious Mrs. Dv Maurier Now Known to Be Go nor's Half Sister She Demands the San Francisco Property of Her Late Brother From the Widow SPECIAL DISPATCH TO THE CALL STOCKTON, Aug.

Though the expected contest of the will of the late Governor James H. Budd did not take place when it was brought up in the probate court today, it by no means indicated that the claimants of the estate had settled their differences. E. J. Livernash, a friend of Mrs.

dv Maurier, has been injected into the case and tho probabilities are that he will make an attempt to have Mrs. Budd surrender the San Francisco property aver which the issue has arisen to Mrs. dv Maurier tomorrow. This Mrs. Budd will refuse to do, and the expectations are that the estate will be tied up in litigation.

The proceedings in court today were without any particular Mrs. Inez A. Budd, widow of the late governor, was appointed, executrix. She was represented by Attorney Frank C. Drew.

S3 Livernash came to Stockton a week ago and interested himself In the case, hunting up records and, papers and attempting to bring about a settlement. He visited Mrs. Budd's residence and there made arrangements to meet her in the law offices of Attorney Drew In San Francisco. Mrs. Budd later declared that the only reason that she agreed to this meeting was because Livernash made his presence undesirable by threatening litigation and that sho did so ft order to make him leave the house.

Scant attention, however, will be paid if he attempts to carry out the proposed plan of meeting at Drew's office and arranging matters. The relationship between James H. Budd and Mrs. dv Maurier was that of half brother and sister, she being the illegitimate the late governor's father. In order to conceal his father's wrong Budd made overtures to Mrs.

dv Maurier, and during his lifetime the affair was kept secret. Mrs. Budd was not aware of the relationship until after her husband's tho information, it is said, being given her by Attorney Drew at the dying request of tho late governor." Mrs. dv Maurier was first married to a man named who dying, left her a large fortune. She later married Dv Maurier, from -whom she was soon There was one daughter as the result of the Ashby union.

The child is constantly with her mother and it was erroneously hinted that she was the daughter of James H. Budd. Budd acted as attorney for Mrs. dv Maurier and guarded her vast mining properties in Nevada. GRAND COUNCIL OF Y.

M. I. IS OPENED More Than Two Thousand Delegates and Visitors Throng Sacramento for Session SACRAMENTO, Aug. The twenty-fourth annual grand council of the Young Men's Institute, got down to real business today, after two days of pleasantry. The next three days will be devoted almost entirely to the sessions of the council, as there is much of importance.

to come before the delegates. There are ovfer 2,000 visitors and delegates here. The formal opening, of the grand council was preceded by impressive religious services at the cathedral of tho -Blessed Sacrament, attended by tho delegates and the hundreds of visitors brought here by the gathering. A holy pontifical high mass was celebrated by Archbishop Da Silva. His assistants were the priests of the local clergy.

A very instructive sermon was preached by the Right Rev. Monsignor T. J. Capel, who received the inspiration for his sermon from the insignia of the' Young Men's Institute, "Pro Deo, Pro Patrla." The sermon was an appeal to young men to live In the-eplrit of God and to bring their children into communion with the church. The session of the grand council wag called this afternoon in Elks' hall by Grand President Queen.

The first business after tho formal opening was thq appointment of a committee credentials to report on the accredited delegates. The real business of the grand council will begin at the session tomorrow morning. Tonight the delegates were entertained at the roof garden at Elks' hall by the members of the Sacramentocouncil, young ladies' institute. A very pleasant evening was spent in music and song. The visitors will be entertained tomorrow' at a midsummer's night at Sutter'a Fort.

under the auspices of the young, ladies' institute and Junlpero Serra council, Y. SL 1., of this city. EARTHQUAKE ON ATLANTIC COAST 'WASHINGTON, Aug. The coast and 2 geodetic survey observatory at Cheltenham, reports an earthquake beginning, at 5:56 and 7:17 a. m.

today. The record: indicates that the origin the tremors was about 3,000 miles distant from Washington, $200,000 DAMAGE IN VAN NESS FIRE Twenty Merchants Suffer Heavy Losses When. Flames Sweep Business Block Big Emporium Department Store Is Only Saved From Destruction by Heroic Work By the explosion of a can of gasoline in a theatrical costume store in. Post street near Van Ness avenue shortly before 8 o'clock last night a fire was started that burned out the major portion of a frame business block, caused damage or total loss to the stocks of 20 merchants and nearly 40 other tenants, and inflicted a loss estimated at $200,000. When the flames were at their height so great was the heat that streams of water were kept playing on the sides of the Emporium building, directly across Post street.

At one time it was thought that the big department store was doomed and that the fire, fanned by a high wind, would escape the control of the firemen and sweep on up the avenue, but by efficient work they kept it back. With a noise heard for a block a can of gasoline in the costume house of Mme. A. Jahn, on" the second floor of the wooden building at the corner, exploded, and the blazing fluid enveloped the room. William H.

Harrison of the Bouquet saloon. In Post street, near by, and J. J. Gippert, a Morse patrolman, heard the explosion. Each turned In an alarm and the arriving battalion chiefs quickly sent 4n second alarms when they reached the scene.

Following the explosion the fire raced along the second story and in few minutes the Paragon shirtwaist and fancy dress furnishing store was in. flames. This place was entirely burned out. The fire gradually worked itself along the rear of the wooden building almost to Geary street, taking all the stores in its path as it went. The is owned by the San Francisco ladies' protective and relief society, and Friedlander Goldstone were the lessees.

Owing to its location and wooden construction, few fire insurance companies would take risks in the vicinity, and little Insurance was carried on the building or the contents of the various stores. Crowds that gathered in Post street and along the avenue were thrilled to see a woman appear at one of the windows on the Post street side soon after the fire started and leap without hesitation to the sidewalk. She was uninjured by the jump and walked calmly away without help. The fact that a suspicious fire occurred in the same building several months ago In which fife underwriters found that coal oil had been spread along the rear will result In police investigation of last night's blaze. It Is not known how the gasoline, came to explode.

An hour's hard work on the part of the firemen was necessary before the fire was finally under control. Among those to suffer were the following: The Paragon. $20,000 stock, total loss, partially Insured. Delmel linen mesh company. Van Ness avenue, damaged by flre and loss unknown.

J. Swerin Son, 1109 Van Ness, tailors, entire stock damaged; loss estimated at $2,000. W. P. Buckingham, shoe store, 1111 Van Ness; slight damage by fire and water.

M. Blaskower, 1115 Van Ness, cigars and 'tobacco; stock removed. The only damage here was to the fixtures. The Diamond House. H.

Cohen, proprietor, 1121 Van Ness; loss about $5,000, covered by insurance. Phillip Bruckner, 1121 Van Ness, furrier; loss about $10,000, partial insurance. E. H. Wobber company, 1125 Van stationery store; loss- about $7,500, partially Insured.

Sunset photo company, 1127 Van Ness; loss about partly Insured. Pearlstein, clothiers; stock valued at about greatly damaged by smoke and water; loss unknown. Stewart's button store, 1213 Post street; loss about $500. Shlbata, Japanese bazaar; loss about $4,000 insurance. City and County bank; damage to furnishings about $1,000.

Berger's suft store, over the Paragon; stock valued at about total loss. Kiaen company, Japanese art store; $20,000 damage; no Insurance. the only store In Van Ness street front of the building that was not damaged, either by smoke, flre or water, was the Levin leather store, which is located at the corner of. Geary street. CALIFORNIANS IN NEAV YORK NEW YORK 1 Aug.

The following Californiana are registered In New York: San Francisco Mr. and Mrs. Redding, Astor House; Miss E. M. Kenyon, Wllcott; P.

Lascalles, Union Square hotel; E. Scry. Grand. hotel; Miss R. Spelley.

Hotel Breslln; S. Shaen, Hotel Cadillac; P. Breenberg, Hotel Albany: L. F. Compton, Broad way.

Central; L. Cooper, Hotel York; F. X. Feury. Hotel Navarre; E.

B. Harris, Hotel Savoy; C. G. Hyland. Herald Square: W.

P. Henderson, Hotel Savoy; L. Israelsky. Astor House; P. P.

Johnson. Herald Square; J. McGuegan, Mra. J. McGuegan, Marlborough; O.

NestatlJ Grand hotel; R. Sleeth, Herald Square: M.O. Waughnessy. Hotel York; M. D.

Kellogg, Martha Washington. San C. H. Cushman and wife, Belleclaire. Los Angeles W.

MacCormicfc, L. G. Morris. Hotel Latham; Miss Holibaugh, Victoria hotel: H. L.

Servoss. Gerard- Riverside D. L. MacQuarrie, St. H.

C.Moeslar. Ashland; G. E. Samuels. Hotel -Marlborough.

An Independent I The American National Bank is American iv4ta fact as well as In name. It Is built; upon "local capital, is -owned and managed by Francisco people, and has no affiliation with any. other banking institution. It hastno savings department de- partment; but confines its attention exclusively to the business commercial banking, for which equipment is unexcelled on the The AMERIGAN NATION AL BANK Exchange Building, Calif ornia St. near Montgomery, I ww 1 1 111 1 iLif 1 Creates Big Stir; Drug Stored Crowded With Snfferers For several weeks past The Owl and other leading drug stores in thl3 city have been crowded with persons desir- ing a supply of poslam.

the new for ecsema. This is the drug which has created such a stir throughout tno country slnco its discovery one year ago. For the convenience of those who use poslam for pimples, blackheads, blotches, red nose. acne, herpes and other minor skin troubles, a special 50- package has been adopted, in ad- dition to tho regular two-dollar Jar. which Is nour on sale at all leading drug stores.

in eczema cases, poslarn stops the Itching with first application ancl pro- ceeds to heal, curing chronic cases la two weeks. skin troubles, re- sults show after an overnight applica- tion. For a free experimental sample, write direct to the Emergency Labora- tories. 32 West Twenty-fifth Street, New York City. While we are waiting for you to your decision we are saving people who take our suggestion a lot of money and give them entire satis- faction.

Why not call at our store and see the value you can get for your money? T. LUNDY Reliable Jeweler 744 MARKET STREET J5 EVERY ONE ADMIRES OUR LAUNDRY For the reason that we do not waah us others do. Oar work In faultless. No saw "edge Collars or Cuffs No streaked Linens No shrunken "Woolen Goods, but everything "just so." Lace Curtains, and other delicate articles are laun- dered in a careful. pleasing- manner.

nl Let us wash for you. Phone. write or stop our driver. GREAT PAIN May result from a decayed tooth and more pain will follow if you consult an inexperienced dentist. Every patient, no matter how small bis trouble, is given the best advice and courteous treatment free by the GRADUATE DENTISTS Do not think you have to pay exorbitant fees In order to secure proper- treatment.

Gold fillings, $1. Silver fillings, 50c Gold crowns, 22 $3.00. 10S5 Market Street, S. F. 105S Broadway, Oakland.

'theatrical" supplies WIGS All makes GREASE PAINTS CREPE HAIR MAKE-UP BOXES PLAYBOOKS MONOLOGUE BOOKS 818 Van Ness Avenue i THE CALL'S! BRANCH OFFICES Subscriptions aad advertise ments'will be received in San Francisco at following offices: 1051 FIJ.LJIOUK STnEET Open until 10 o'clock every night 81S VAX XESS AVSXim Parent's Stationery Stora 2200 STREET Woodward's Branch SIXTEENTH AXD 3IARKBT STS. Jack3on's Branch VIOS VAI.EXCIA. STREET Blake's. Bazaar 974 VALENCIA STREET Stationery Store 8011 18TH ST. COR.

MISSION International Stationery Store.