Newspaper Page Text
VOLUMK XCVII —NO. 38.
KnigM and Flint Say
They Are Not
. . «
Declare They Have No In
tention ol Seeking Aid
. ol tbe Railroad.
Evidence That Southerners Will Not
Dnite on Bard Seems to Be
•. Henry T. Oxnard, Frank P. Flint and
. George A. Knight, candidates for Unit
.'cd States Senator, came from Sacra
mento yesterday and were at the palm
court of the Palace Hotel last evening,
exchanging views on the Senatorial sit
uation. They will return to the capital
to-morrow evening and actively renew
" the battle for the honor of represent
• ing California in the United States
Common rumor or expectation that
" the candidates came here to confer
with W. F. Herrin of the Southern Pa
.'ciflc law department is not admitted,
: but on the contrary is promptly denied
by. each and all.
George -A. Knight, when asked if he
• had seen Herrin, replied promptly: "I
arrived here this morning and have not
• "teen Mr. Herrin, except to say 'Good
• day' on the street, and do not expect to
' see him or confer with him. I have no
reason to doubt his assurances that he
'will keep 'hands off' my fight for the
• Senatorship, and I am confident that I
• will win."
. Replying to a question similar to
- that addressed to Knight, Frank P.
Flint replied: "I have not seen or con
,' ferred with Mr. Herrin, and have 40
'intention of seeking an interview. All
•that I expect of him is that he will
; keep 'hands off' the Senatorial con
test. I am confident that I will be
elected Senator if the influence of the
railroad is not cast in favor of some
other candidate. I shall return to Sac
.ramento to-morrow night and renew
.my efforts to achieve success. I shall
appeal for support on my merits and
record. I will make a straightforward,
• open contest for the favor of the Legis
lature. If Mr. Knight wins or Mr.
-Fisk wins or Mr. Bard wins I will of
fer the winner my congratulations on
his success. I do not intend that this
contest shall mar the long friendship
■which has existed between Mr. Knight
OXNARD A FREE LANCE.
• -Henry T. Oxnard is not suspected of
taking orders from any department of
".the Southern Pacific. In a sense Ox
, "nard is a free lance and may make the
Senatorial contest decidedly breezy be
,.. fore it draws to a finish. He says that
..the tremendous majority which Cali
fornia gave to President Roosevelt
must' be accepted as a great popular
"•.demonstration in favor of the Presi-.
'dent's vigorous policy to curb the
..grasping trusts and railroad corpora
.-. tio'ns of the country. Oxnard distinctly
vavows that he will stand by the Presi
dent in the fight of the administration
; .'against the exactions of the transporta
•• The question is asked:
"Has any other candidate the nerve
■J.tD announce to a Legislature that is
.. looking for a railroad sign that he will
.stand by the people and the President
•in a war to regulate the transportation
• ' Oxnard is sure that the Southern Cal-
Ifornians cannot unite on either Bard
. or Flint, and he would not be surprised
"M himself and Arthur Fisk would go
: to the front at the finish. Oxnard hopes
.that' Fisk will prove to be a good loser.
~':- The' assertion is freely made in the
...Qxnard camp that Flint, at the begin
ning of the Senatorial campaign was
•an out. and out supporter and adviser
.'. pf Oxnard.
,-. Thomas Hughes of Los Angeles and
• Frank J. Brandon of San Jose, repre
sentatives of the Bard column, came in
" from Sacramento last evening and will
to the capital city to-morrow.
• They are somewhat vexed by what they
.-consider authentic reports that Speaker
•Prescott, in handing out committee
r .chairmanships, is seeking to advance
the fortunes of Flint. The story is told
. : that Assemblyman Moore of San Joa
• quin was bluntly advised by the Speak
. er to get on the Flint end.
It- is doubtful if the Southern Cali
... fornia forces can ever be brought to
. gether in solid support of either Bard
' <>r Flint. Men of the south who wear
•the railroad collar are instructed or ad- 1
to fight Bard to the finish. The
.independent Republicans of Los An
".•geles, such as General Otis, Thomas j
Hughes and R. N. Bulla, would rather
see a northern candidate succeed than
witness the success of a railroad can
didate, it was remarked by Hughes
"The anti-machine Republicans of
the south who have fought so earnestly
to protect the party from the dominat
ing power of the railroad machine
would be forced to give Mp the fight if
Flint were chosen Senator."
Leaders of the Bard columii are
neither depressed nor dismayed by the
conduct of Speaker Prescott He Is
Forecast made at San Francisco for |
thirty hours ending midnight, Jan
San Francisco and vicinity—Cloudy
and unsettled weather Saturday, pos
sibly light rain by night; fresh east
winds. A. G. McADIE,
Loses an Important
Witness in Dodge-
Wife of Banker Gelstienen
Unexpectedly Sails ior
Lawyers Suspected of Having Ad
vised Her Departure Will Be Sum
moned Before Grand Jury.
Special Dispatch to The Call.
NEW YORK, Jan. 6.—While District
Attorney Jerome has been searching
for Mrs. William H. Gelshenen! a
banker's wife, whom he wants as wit
ness in the Dodge-Morse case before
the Grand Jury, she has been on the
hiKh seas, having sailed last Tuesday
on the Kaiser Wilhelm der Grosse.
In notifying Jerome of the fact,
through a public statement, James M
Beck, Mrs. Gelshenen's attorney and
former Assistant United States Attor
ney General, severely criticized the
District Attorney for maktyig public on
Thursday night a letter he had writter
to Mrs. Gelshenen. Beck declared thai
"if such a method is to be followed th«
reputation of no woman in New York
however reputable her character ma>
be, is safe."
"The legal fraternity of New Yorli
ought to make up their minds that this
office is a live wire," retorted Jerome.
"The voltage is very high and if any
body tries to take it in his hand he is
very likely to be short-cJccuiteTd."
Although Jerome* wodld not
there le a strongprobability that Becfi
will be called to appear before the
Grand Jury on Monday and will be
asked tq explain why, according to the
information of the District Attorney,
Mrs. Gelshenen changed her mind and
sailed for Europe last Tuesday instead
of to-day as originally planned.
Samuel Untermeyer, who has repre
sented Charles W. Morse, is also likely
to be called on the same mission. As
sistant District Attorney Rand made a
statement yesterday that Beck was
Untermeyer's guest at Yonkers on
Sunday; that Beck had the letter ad
dressed to Mrs. Gelshenen on Monday
and that her plans were at once
changed so that she left the country
the next day.
Mrs. Gelshenen was one of the wit
nesses upon whom District Attorney
Jerome relied to indict prominent so
ciety people for alleged perjury and
conspiracy to obtain a divorce.
GERMANS AND HEREROS
HAVE NEW YEAR'S CLASH
Natives Routed by Kaiser's Troops
After Fierce Fight in South
BERLIN, Jan. 6.—Four companies
of German infantry, one of cavalry
and half a battery of artillery in Ger
man Southwest Africa spent part of
New Year's day in a fierce fight with
Insurgent Hereros that ended in a
bayonet charge through the under
growth and the rout of the natives.
Lieutenant General yon Trotha, in
telegraphing the news, did not give
the number of killed or wounded on
either side, but sayg the natives lost
SUFFER GREAT HARDSHIPS
HALIFAX, N. S., Jan. 9. —A Nova
Scotia Central train, 'which left
Bridgewater on Tuesday, arrived to
day after having; been snowed in near
Alpena for forty-eight hours, during
which the one hundred passengers suf
fered intensely from cold and hunger.
* ; fr
simply rated as a deserter, who will be
judged by the people of San Bernar
Failure of the south to agree on Flint,
Bard or Oxnard may cause the name of
U. S. Grant, ex-Congressman R. J.
Waters and Congressman-elect S. C.
Smith to be considered at the peace
conference to be held in Sacramento
next. Monday or Tuesday. It Is said in
the general gossip of the situation that
the Bard votes of the north cannot be
transferred to Flint or Oxnard. Belief
Is expressed that they would scatter,
some going to Knight and others to
Fisk, in the event of failure to re-elect
Senator Bard. It is clearly the purpose
of the railroad to hammer
Bard and if possible drive him from
the field, although Flint, Knight and
Oxnard all agree that Bard is a man
of high character, independent, self
reliant and in every sense a stalwart
Republican and a creditable representa
tive of California United States
Senate. George A. Knight inquires:
"What kind of a man does the south
want if Bard is not acceptable??"
Another question is asked: "Are the
110 Republican members of the Legis
lature going to turn down Bard simply
because he is not acceptable to the rail
Additional News of Legislature on
SAN FRANCISCO, SATURDAY, JANUARY 7, 1905.
Held Suit Is Unprecedented
Judge Holmes Interrupts Case to State
He Is Interested in Other Stock
yards Not Involved.
WASHINGTON, Jan. 6.—Argument
In the case of Swift & Co. vs. the United
States, known as the beef trust con
spiracy case, was begun before the Su
preme Court of the United States to
day by Attorney John S. Miller of Chi
cago in behalf of the packers. He at
tacked the bill of the Government as
insufficient in its failure to allege facts
necessary to constitute a cause of ac
tion, and said that the charges made
were not facts, but conclusions of law;
that the commerce charged was not in
terstate nor foreign commerce, and that
even if it were interstate commerce the
facts given constituted no violation of
He said that an injunction had been
prayed for and secured from the United
States Circuit Court for the Northern
District of Illinois under the Sherman
anti-trust act. He contended that the
case presented an interference in busi
ness such as never before had been un
dertaken. The charges, he said, were
of the most general character and did
not specify time and place.
did not believe, therefore, that the
charges could stand at ali, and h<?
quoted the indictments in the whisky
case to show that charges much more
specific than were here made had been
regarded as insufficient.
FEARS COURT CONTROL.
"It is alleged," interrupted Justice
White, "that your clients' agents com
bined to refrain from bidding in order
to put prices down, and again agreed
to put them up. Do you think there
should have been a specification of hour
"Yes, your Honor/V responded Miller.
"If the Government had the facts why
should it not have given them?"
"Did you ask for a bill <Sf particu
lars?" inquired Justice Harlan, and
Miller replied in the negative, saying
that the defendants had filed a de
murrer in the case.
Miller said that if the packing indus
try could be interfered with as pro
posed in this case, the manufacturing
industries could- be similarly regulated,
and "thus you will find," he added,
"the Federal courts regulating a con
siderable part of the commerce of the
He contended that there was no in
terstate commerce involved, because
the business of the packers, including
the purchase of cattle and the sale of
meat, was confined entirely to Chicago.
Explaining the economic condition,
Miller said the demand for fresh meat
wag fairly uniform, and owing to the
necessity for maintaining a proper sup
ply of an acceptable article, he said,
there should be some understanding
among the packers. This was, he said,
perfectly legitimate, and the Govern
ment itself might properly assume the
supervision. The cattle supply was
not so regular as the demand, and to
this fact Miller attributed the fluctua
tion in prices.
HOLMES HOLDS STOCK.
At the beginning of Miller's present
ation of the case he was interrupted
by Justice Holmes, who said he held
stock In the Union Stockyards in Chi
cago and also in the Kansas City yards,
and inquired if they were involved in
the case. Miller replied that they were
When Miller concluded Attorney Gen
eral Moody began. It was idle, he
said, to discuss the contention that the
charges of the bill are not connected
one with another. Be that as it may,
he added, the purpose of the suit was
single, and all the separate parts of
the bill were Interdependent for the
accomplishment of that end.
He also maintained the constitution
ality of the bill, and asked for the
books of the packers. Moody had
scarcely begun when the court ad
journed until Monday.
Minister Tittoni Is Improving.
ROME, Jan. 6. —Dr. Mazzoni held
a consultation to-day with specialists
from Naples and Perugia and con
cluded that Foreign Minister Tittoni,
who was believed to have been strick
en by apoplexy Wednesday while with
a hunting party at Magione, near Pe
rugia, had been attacked by a phe
nomenal form of influenza which pro
duced cerebral and pulmonary con
gestion. This is gradually passing off.
Italian Recruits Sing Socialist Hymn.
ROME, Jan. 6.—About fifty new
recruits wearing military caps crossed
the town singing a Socialist hymn and
crying "Long Live Socialism!" "Down
with militarism!" Almost all of the
recruits were arrested at their 'bar
Exciting Scenes At
tend tiie Joint
House Speaker and Lieu
tenant Goyernor Both
Claim the Chair.
Pandemonium Reigns When Ruling
of One Presiding Officer Is Set
Aside hy the Other.
DENVER, Jan. 6.—Behind locked
doors and amid scenes of great confu
sion and excitement the Colorado Leg
islature to-day passed a resolution cre
ating a committee of fifteen members
to canvass the vote castf for Governor
at the last election and submit a report
to the Legislature not later than 2
o'clock on the afternoon of next Mon
day. The committee is composed of
five Senators and ten Representatives,
the political division being twelve
Republicans and three Democrats. It
organized this afternoon by the election
of Senator Arthur Cornforth of Colo
rado Springs as chairman and will com
mence the hearing of evidence to-mor
The trouble began with the first ses
sion of the joint session and continued
until its close. It was expected that
there would be a contest over the re
spective rights of Speaker Dickson and
Lieutenant Governor Haggott to pre
side over the joint session. The Speaker
based his opinion that it was his right
to preside on a section of the State con
stitution which says the#flpeaker shall
open and publish the%afteetlon returns
in the presence of a majority <tt both
branches of the Legislature. Lieuten
ant Governor Haggott construed his
right to direct the proceedings on a
statute which declares that in conduct
ing any contested election the General
Assembly shall convene in Joint session
and that the President of the Senate
shall preside unless he Is the contestee.
Legal advice was given to each gen
tleman that his position was correct
Lieutenant Governor Haggott was
assured that the wording of the statute
amply covered the case. Speaker Dick
son was advised by his attorneys that
the proceeding was not officially known
to be a contest, and that a provision
of the State Constitution always over
rides a statute when the two are in
conflict. When Lieutenant Governor
Haggott mounted the rostrum Speaker
Dickson was standing in front of the
center of his desk, and did not move.
The Lieutenant Governor advanced,
the two men smiled, bowed, shook
hands and then stood gazing into each
other's eyes. Neither man made a
move and their features hardened as
they realized the situation. Together
they turned to face the Assembly, the
Speaker behind the center of the desk,
the Lieutenant Governor at his left
hand. Gently edging up to the Speak
er, Lieutenant Governor Haggott gave
him a gentle "hunch" with his shoul
der, as If to shove him along. The
Speaker was immovable. The gentle
"hunch" was repeated and still the
Speaker held his ground and brought
down his gavel with a thump.
"The clerk of the House will call the
roll," he said.
Bang! went the gavel of the Lieuten
ant Governor. He is a powerful man
physically, and every time he brought
hig black gavel down the pitcher of
water on the Speaker's desk trembled
and the tumblers bumped and jingled.
"The clerk of the Senate will call the
roll," he shouted.
SCENES OF CONFUSION.
Clerk Harper of the House and Sec
retary Farwell of the Senate began to
call their respective rolls, while great
confusion arose in the House. Mem
bers laughed, cheered and shouted,
while Representative Street a Demo
crat, gave vent to the cowboy yell,
"Yip, yip, yip!" A few names had
been called when Representative Fre
wen, a "Wolcott Republican," shout
ed: "Mr. Chairman!"
"Mr. Frewen, responded the Lieu
tenant Governor, "you are out of or
"Mr. Frewen," shouted the Speaker,
"you have the floor."
"Mr. Frewen," said the Lieutenant
Bang! bang! went the Speaker's
gavel; boom! boom! went the gavel
of the Lieutenant Governor.
Frewen accepted the ruling of the
man who gave him what he wanted
and commenced to speak to a point
of order which was that the President
of the Senate was the proper presid
ing officer at a joint session.
"You are out of order, sit down,"
commanded the Sneaker.
"You have the floor," said the Lieu
tenant Governor, and again the gavels
"I move this session adjourn,"
shouted Senator Morgan.
"It is moved that this session ad
journ," shouted the Lieutenant Gov
• ■ ~ —— ;
Continued on Pace 3, Column 5.)
SLIGHTS OF ROYALTY PIQUE
DUCHESS OF MANCHESTER.
CAUSE Or HER RETURN TO AMERICA
SOCIETY LEADER IN ENGLAND
DISAPPOINTED IN HER. HOPES
TO ENTERTAIN ROYALTY.
Awakens Family as
Girl Is Stealing
Out of House.
Special Dispatch to The Call.
HOLTON, Kan., Jan. 6.—A green
parrot with eyes resembling new shoe
buttons was the means of spoiling the
romance of Miss Lena Anderson,
daughter of Nels Anderson, a farmer
seven miles northeast of town.
Olaf Olson, employed as a "hired
man" on the farm, has been paying
attention to the young woman, but
her parents have opposed the suit un
til he could show $78 in bank. Be
coming discouraged at the prospect of
waiting so long the young persons
planned to elope. Olson placed a
ladder against the window of the
room occupied by the girl last night
and awakened her by whistling. As
the girl prepared to descend the par
rot owned by her father, awakened
the family by screaming, "I seen yer,"
and the elopement was off.
CARGO WASHED ASHORE
INDICATES SEA TRAGEDY
Believed That the British Bark Brier
holme Has Been Lost With
HOBART, Tasmania, Jan. 6.—Por
tions of a cargo which have been
washed ashore at Southwest Cape have
been recognized as belonging to the
British bark Brierholme, Captain
Rich, which sailed from London July
2J. for Hobart It is believed that the
vessel and her crew have been lost.
Sultan's Troops Defeated.
PARIS, Jan. 7. —A dispatch Jb a
news agency from Marnia, Morocco,
reports another fight between the* Su
ltan's and the Pretender's troops near
Oudja. The dispatch says the Suftan
was defeated, his troops sustaining
Lawson Will Carry
Copper FigM to
Special Dispatch to Tbe Call.
BOSTON, Mass., Jan. 6.—Thomas W.
Lawson declared to-day that the real
secret of his silence of late concerning
Amalgamated Copper is that the next
move against the Amalgamated will
come from Washington and that a res
olution Is to be introduced in the Sen
ate calling upon Attorney General
Moody to proceed against the company.
A large package of documents contain
ing evidence will be presented to At
torney General Moody and the pro
ceedings will be in line with those
against the General Paper Company
and the Northern Securities Company.
Lawson himself or his counsel will
furnish the evidence and will also ask
the Attorney General to act if the
Senate resolutions fall.
OF THE FIGHT
PHILADELPHIA, Jan. «.—The re
port that Philadelphia attorneys are
preparing new charges against Bishop
Talbot cannot be confirmed to-night.
Andrew Macßride, one of the signers
of the charges against the Bishop,
knows of no new pr* -eedings. Attor
neys of Philadelphia who prepared the
former charges do not think my new
charges will be filed.
Disavowal of any intention to take
part in a canonical prosecution of
Bishop Talbot was made to-day by
Rev. Dr. A J. Arnold, Rev. S. L Gil
berson and J. Frederick Jenkinson.
These clergymen on Thursday joined
Herbert Noble and J. A. Beail of New
York and W. B. Wilson and R. A. Can
non of Philadelphia in a plea to Pre
siding Bishop Tuttle to be permitted !
to withdraw the charges in writing
they had signed in the effort to obtain
a presentment of Bishop Talbot. Jen
kinson said that he is through with the
entire matter; Dr. Arnold said that he
never again will be mixed up in an af
fair of the kind, and Gllberson, in addi
tion to denying any intent to sign a
new set of charges against Bishop
Talbot, expressed a loss of faith in the
cause of Dr. L N. W. Irvine.
ALHAMBRA—Gad ski matinee.
CALIFORNIA —"Yon Yonson."
COLUMBIA—"SuItan of Sulu."
CENTRAL—"ChiId Slaves of New
GRAND—"The Darling of the Gods."
MAJESTIC—"HeId by the Enemy."
Matinees at all theaters to-day.
PRICE FIVE CENTS.
Unabfe to Attain
Top of Social
LONDON, Jan. 6.—English society
drawing-rooms will not see much of the
Duchess of Manchester for some time.
Those who knew her well are not sur
prised that she has decided to remain
for an indefinite period in her own
country. She had gone to enormous
expense in the hope of being able some
day to entertain royalty only to' be dis
It was publicly announced that the
King and Queen were to be entertained
at Kylemore Castle when they visited f
Ireland, but they did not go there; in
fact, their Majesties carefully avoided
the West of Ireland, although it was
included in their original programme.
It was stated at the time that their
non-appearance at Kylemore was due
to the fact that the structural altera
tions at the castle could not be com
pleted in time, but it is now said that
they were delayed Intentionally, when
it was found that the King and Queen
were not going there, so as to escape
the inference that the Duchess had
When it was announced some time ago
that the Prince of Wales proposed to
visit Ireland early this year, the
Duchess and her friends exercised all
their powers to get the heir apparent
to go to Kylemore, but Lord Ardilaun,
the big Dublin brewer, stepped in and
said in effect: "No, George, you must
come and stay with me." And so the
Prince is going to put up at Ashford,
a place not half so beautiful as Kyle
There are several reasons put forth
to explain why the Duchess of Man
chester has never succeeded in getting
to the top of the social ladder. Disre
garding the old adage aoout doing in
Rom« as the Romans do, she has re
fused to participate in the gambling
games so popular in swell society, and
has been rather outspoken in express
ing her disapproval of the devotion to
bridge for high stakes displayed by
certain patrician dames who are in
high favor with the King.
It is said,"too, that when she first
came to England as the wife of the
Duke she assumed airs of superiority
that gave offense to the smart set who
were averse to taking lessons In pro
priety from a Cincinnati girl. Conse
quently they did their best to thwart
her social ambitions and are flattering
themselves that they have succeeded.
They say now that it Is pique which
has caused her to return to America
and take the Duke with her.
AT A BANQUET
MEMPHIS, Term., Jan. 6.—A banquet
at which 400 covers were spread was
tendered William J. Bryan to-night by
the Jackson Club of Memphis, Bryan
was introduced as the next President
of the United States. His subject was
"Watchman, What of the Night?"
After speaking of the causes which
in part contributed to the recent de
feat of the Democratic party, Bryan
said the platform adopted at Kansas
City expressed the views of more Dem
ocrats than any platform adopted
since. He praised several recommenda
tions made by President Roosevelt and
spoke of him as doing many good
things. Bryan closed as follows:
"Just now President Roosevelt gives
promise of beginning a reform move
ment. He recommends legislation
which will inform the public in regard
to campaign contributions. This is a
far-reaching recommendation and
should receive the earnest support of
every Democrat. He also recommends
an enlargement of the scope of the in
terstate commerce laws. This, too, is a
step in the right direction, and he
should receive the support of all Demo
crats in any efforts which he makes to
bring the railroads under a strict con
trol. If the President, with the aid of
the Democrats, accomplishes any re
form the public will secure <he benefit
of it; if, even with Democratic aid, he
fails, the educational work which he
does will help the Democratic party in
"In municipal affairs the Democrats
are, as they should be, quite unanimous
in favor of municipal ownership of all
municipal franchises, and our party
must face the fact that a failure prop
erly to regulate the railroads will com
pel the public ownership of the rail
roads. If the Federal Government
operates only the trunk lines, leaving
the States to operate the network of
local lines, we can have public owner
ship without centralization, and, as I
believe, without danger to any public
No Surrender at Sanaa.
CONSTANTINOPLE, Jan. 6.—Offi
cials here authorize the statement that
the report published In the United
States yesterday that the Turkish gar
rison at Sanna, Arabia, had surren
dered to the insurgent native*, is ab