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' ' — >i If you would see your city and its people ay others see them, read the rip ping comments and scorching rebukes i i which 10 Canadian girls have to make in ; | The Sunday Call ji VOLUME CIV.— XO. 104. AEROPLANE'S FLIGHT BREAKS ALL RECORDS Orville Wright Remains in Air One Hour, Ten Minutes and Twenty-six Seconds Demonstrates That His Machine Develops Speed of 39.55 Miles an Hoar iviator's Third and Successive Victory Causes Great Enthusiasm WASHINGTON, Sept 11.— In a flight lasting 1 hour, 10 minutes and 26 seconds, Orville Wright late to day surpassed all his previous exploits K/or a time and distance flight for a heavier than air machine. Two flights were made at Fort Myer, Va., the first being of 10 minutes and 50 sec onds' duration for the purpose of showing what rate of speed he had been traveling during his long flights of the past three days. The test dem onstrated, according to the aviator's calculations, that the speed of the j aeroplane during the record breaking Bights of Wednesday and Thursday was 25.53 miles an hour. Wright arrived at the testing grounds at Fort Myer at 4 o'clock, a«d imme- | diately prepared to make a flight. He ha.d been in confereii(-je with Lieutenant fcjweet, the representative of. the navy, i at the aeronautical tests, in connection ! with the plans of the naval branch of j the service for adopting aeroplanes. i FIRST TESTS SPEED The weather conditions were ideal, and Wright lost no time. Before mak ing the first flight said: . "I want to take a* flight of about 10 minute* in order to see how my pres ent speed compares with what I made at Kitu hawk, N. C. I have a time j and a cistance apparatus attached to ! the aeroplane, but as it registers only 10 kilometers without repeating, I have to make a short flight in order to de termine the speed ut which the machine travels through the air." Starting at 4:41. the aeroplane madje nine rounds of the drill grounds and J then, landing within a few feet of the thousand or more spectators, Wright computed the speed of his record break \u25ba*v.g flights. "The annemometer registers 11:44 kilometers," said Wright, "'making the speed a little more . than 37 miles, an hour. We made 44 miles at Kitty Hawk with a little less power. Of course, the turns there were much longer, and therefore did not impair the speed as much as the turns I make here, 'but I had no idea there was such a great difference." Later Wright found that he had mis calculated the speed and, as finally com puted, the speed was announced at 19:55 miles an hour. To those who witnessed Wright's flights from the beginning the results, marvelous as they are, are now re garded as a matter of course, but the majority of those who witnessed to day's long flight were roused to great enthusiasm when the aviator for the third successive day broke his pre vious record. Fifty-seven times the machine passed over the starting point during Umj 70 minutes and 24 seconds that it was up. • Twice the aeroplan- Ist described the figure "8," showing for the first time during his Fort Myer flights that he could control his ma chine In any direction. A feature of the landing was that he did not stop the motor until the ma chine touched the ground. Octav Chanute, one of the foremost aeronauts in the country, arrived in Kort Myer today. "The Wright broth ers began their work in aeronautics in an unusual way," said Chanute. "Or ville was convalescing from scarlet fever and his brother, Wilbur, read Pet ligrew^s book on aeronautics to him. Soon after the Aeronautical Annual was published, and the Wright broth ers learned from its pages what had been done toward conquering the air. The experiments started them." Before making another ascension- at Fort Myer. Wright will" make changes In his machine in order to secure great '• r speed. - /'" \ WII.niR WRIGHT'S FLIGHTS LEMAN'S, Sept. 11. — In spite of the heavy fog that prevailed this morning Wilbur Wright, the American aeronaut, was out at an early hour. Almost im mediately after he started his airship it .was hidden fjom the view of the; spectators by the thick mist. After ' describing a large circle. It returned to \u25a0 the starting point and alighted, having! been gone two minutes and 15 sec- 1 onds. Wright made anothec attempt a little later, but the fog was still too heavy. At 8 o'clock the weather had cleared and Wright made his third at tempt, \u25a0with the intention' of making a long flight. He had trouble, however, with the sparking apparatus of his mo tor and was forced to come down after being minutes and forty-two sec onds in the air. After overhauling the motor, Wright took out the aeroplane again this even- I ing and made a flight of four minutes and thirty-three seconds. He reached a height of 40 feet and the speed of the machine was 80 kilometers an hour. He descended on account of the cold, which numbed his hands and made the . manipulation of levers difficult. NEW YORK, Sept. 11.— A. M.- Her ring of this city, who has asked for an extension of time for the govern ment tests of his aeroplane, said to day that his machine was ready for the tests, but he desired additional time to make improvements. Herring isaid he vat not surprised at the record ' breaking flights of Orvllle Wright at Fort Myer, and spoke confidently of the possibility of taking a trip to Chi cago In his aeroplane, "With my engines working as I fully expect them to," he, said, "I would fly i to Chicago without a stop." "V .Herring believes the question of equilibrium has-been solved by him In this machine, which he said Is stronger th*n Wright's aeroplane and weighs *ziuch lesi The San Francisco Call. INDEX OF THE SAN FRANCISCO CALL'S NEWS TODAY < v TELEPHOXB KEARXY g« SATURDAY. SEPTEMBER 12, 1908. WEATHER CONDITIONS „- . YESTERDAY — Clear; west wind; ' maximum teiujiorature. 6(5: minimum. SS. I-OKKCA.ST FOR TODAY— FnIr; tog In.mom ins and at night; fresh wrst wind. Page 13 EDITORIAL ~ " Tb«» Islais creek project. Pace 6 Grafters are hard to please. Pace 6 Two states under railroad domination. Pace 6 One of the '•undesirables'* retired. . Page 6 POLITICS ' Leaders of republican state central committee are using orery effort toward getting out large registration. ' Pace 2 Taft and Bryan will meet at "same board and address same audience at Chicago ban- Qoet. Pajre 2 j Taft is wanted In many states and a swing around circuit of states thought doubtful may be arranged. \ Pace 2 Alameda county republicans instruct members of legislature to stand by caucus nominee for United States senator. Pnce 6 Bryan disavows personal .merit and declares confidence of democrats Is based on political riewg. Fajce 2 Eugene V. Debs, candidate for president, talks to local socialists, arraigning old political par ties and styling Gompers a worker of work lngmen. Page 2 Supreme court decides point In Shasta Judge shiji contest In favor of republican. Page S GRAFT Another venire drawn In Buef trial, rage 14 CITY Many mourn at funeral of l'bilip X. LUlenthal aDd his body Is. laid in vault. Page 1 Businessmen object to "volcanic eruption"' clause which . appears In policies of some insur ance companies. - Page 1 * Mexico's freedom to be celebrated by local colony on ninety-eighth anniversary of lnde* I*-uucnee. Page 7 AVarraut for H. C. Wyman issued, charging einU-zzleuient. Page 7 Activity at Burllngame shows the rapid ex tension of San Francisco down the peninsula; VlsUaciou and East San llateo also attract many home builders. Page 3 Clearing bouse statement shows falling off in figures as compared with last year on accouut of two holidays. Page 3 The litigation of the Insolvent California safe deposit company Is transferred from - Judge Coffey to Judge Seawell. .Page 7 New Valencia theater to open tonight with special production. - * • Page 14 Blanket bid for city bonds is recommended by utilities committee for acceptance . by super visors. r| Page 14 Tug captain reports seeing body floating in | bay that may be that of oae of the boys lott i is racing barge. Page 14 William Ham Hall's offer of Lake Eleanor's properties has a string on It. Page 14 Engineer Wagoner replies to his accusers in India l-.a>i!i case. Page 1 Henri Villettc is indicted by the • grand Jury. . Page 5 j Heavy beam falls and instantly .. kills horse, narrowly missing streetcar passenger. Page 5 A joint committee meets to organize a regi ment of the national guard for this city. ' Page 5 Four indictments returned by federal grand Jury and positive statement is made that they are not in connection with Chinese immigration cases. • Page 5 SUBURBAN Woman dies while on her_ knees In prayer, leaving a small estate and no known relatives. - - Page 4 Residents of Hillside district In North \u25a0 Berke ley oppose ugly billboards. Page 4 Voters in- Alameda county are urged to regis-' ter early for presidential election. • Page 4 Mrs. Derby of Oakland charges bellboy, witli robbery. Page 4 The elopement of youthful Fruitvale couple is rudely prevented. - ; • Page 4 Blood stains found In earth beneath spot vrbere woman was found is new clew In Dono hue mystery. Page 4 Constantino Borsei, mnrderef of . Emllo de Ramo in Los Angeles, Is hanged in San Quentln prison. Page 4 COAST Boy slays playmate while guarding ' tomatoes in a yard at San Jpse. . Page 1 Undertaker W. S. Woodrow issues a statement concerning his connection with case of Hattle Hatch, who died under peculiar circum stances. Page 4 Governor Gillett drops Dr. Hennessey from directorate of Napa hospital and appoints per scr.al friend. Page 4 Two men drowned by capsizing of boat* at Martinez. Page 4 Governor Gillett appoints delegates from stattt at l&rge to trans-Mississippi congress. ' Page 4 EASTERN In a flight lasting 1 hour 10 minutes and 2G teconds. Orville Wright surpasses previous ' ex ploits for time \u25a0 and distance with his aero plane. Page 1 Many towns are destroyed by forest fires oc the north shore of Lake Superior. • Page 1 Formal application Is made to have Helen Ma loncy's marriage declared void. ; Page 1 FOREIGN Sultan of Morocco gives up the struggle to regain his empire. Page 1 The revenge .of an Italian laborer costs the government of Baden nearly a million dollars. Page 2 Elbert 11. Gary, at dinner in London, euloglzeti President Roosevelt and urges co-operation among steel workers of world. Page 2 St. % Petersburg takes first place among cholera infested centers of Russia, there being 5S new cases and eight deaths from disease. Pase 2 Ten thousand persons receive the pope's bless ing at eucuaristic congress in London. Page.2 Louis A. GroKori, who Bliot Major Dreyfus as a protest against the placing of Zola's body In Pantheon, is acquitted. Page 5 SPORTS :H'- Race goers at The Meadows take Issue with the Judges over a close decision given against a favorite. . Page 8 White Sox win from the Detroit Tigers In the eleventh Inning. Page 9 Oakland end Los Angeles win coast league baseball games. ' Page 8 Sand Crabs score third straight victor}' over tie Fresno state league team. | Page 8 Olympic club committee announces schedule of automobile races for the meeting at Tanforan track. : Page 7 Former Coast Champion Melville Long defeats Nathan W. Xlles, the eastern Intercollegiate cbaiupion, at tennis on the Del Moo'o courts. • ' Page S Twenty-five yachts are entered for today's ie gatU on the bay. Page 9 Billy Papke may fight Hiiro Kelly In Los An % geles next month. . Page 8 MARINE Explosive nature of Cuyaaoga's cargo makes officers and crew of Standard oil tanker' walk on tip toes and talk In whispers. Page 13 SOCIAL \ Engagement of Miss Gladys - Swift Butler and Cuapin Marcus . announced la Wash ington, D. C. Page 0 LABOR 'Many amendments to the constitution are to . be discussed at the next convention of; the united brotherhood of \u25a0 carpenters " and Joiners bt America, to be held "In Salt': Lake .Citj. FageO SiN dTRAXCISCO^ SATimD^'^ S^TEkBERr'I2; :i908: FRIENDS LOAD BANKER'S BIER WITH FLOWERS Mourners From All Classes At» tend Simple Services for V? Philip N. Lilienthal Body Is Laid in Home of Peace Cemetery Vault ; After a Brief Address Mayor Taylor and Men Promi nent in Affairs of v City ' : -l Honor Financier Men of all classes, 'among them many who stand high in San Fran cisco's business and civic life, gath ered at the home of the late Philip. N. Lilienthal, 1805 Franklin street, yesterday to honor his memory^ j The funeral rites of . the Jewish j church, • impressive in their sim- ! plicity, were pronounced in a room whose walls were banked high with flowers. Then the- long line of closed^ carriages followed . the \ hearse to the Home of Peace cemetery, where the remains were' placed in the receiv | Ing vault while prayers were offered for the soul's rest. •-. .. • The casket was in theparlor off the large hallway. The walls and. -floor, ; were almost covered * with flowers. ! Great clusters of blossoms and set pieces had been sent by many business and civic Instituions , arid by ; friends. < The casket was covered .with fed roses ' and carnations, so that' its outlines : were invisible. In .the adjoining rooms, which opened into the parlor and into the hall, the mourners gathered when they had , looked at the face of the dead. Among them wer.e nearly all those men who have been identified prominently with San Francisco's progress. Then the family came from the upper rooms and passed the casket. Cantor Stark of t the Temple Emanu- El offered a prayer for 1 the repose of the soul. Rabbi Nleto of Temple Is rael pronounced a brief eulogy. He told s-imply of the man whose life 'had ended so suddenly, of his deeds among men, his character and. the sorrow he left behind. He ended with a few com forting words on- the rest which had come to him. Like the prayer which went before it the eulogy was full of gentle dignity. The casket was then carried to the waiting hearse. The pall bearers were: Mayor Edward Robson Taylor, A. W. Foster, Uenry T. Scott, Homer King, W. F. Herrin, Warren Clark, 'William Gerstle, Leon Sloss, I. N. Walker, Will iam Fries, Arthur Castle and John Earle. All of them were among those who had known Mr. Lilienthal inti mately. . ; -At the cemetery Rabbi. Xieto and Cantor Stark offered the final prayers. The remains were placed in the receiv ing vault, for there is a posibility that they may be taken east to .rest beside | the body of Mrs. Lilienthal, who, died 1 in New York three years ago and was buried in that city. "The decision will) not be made for some; days yet. j CHARLES F. DAVIS HELD FOR MURDER OF RUSTIN Dr. Lord Identifies Man as One He Saw iNear Residence After Shooting OMAHA, Neb., Sept. 11.— "That looks; like, the \u25a0 man I saw -corning from the! Rustin home the night of the murder," ; said Dr. J. P. Lord to the chief of pa lice, when Charles E. Davis, under ar rest charged with the ; murder of Dr. Frederick T. Rustin, was brought be fore the court this morning for ar raignment. ; .-.,' ' - .This was the first time Dri Lord hadi been confronted 'with Davis and his identification of him as the man he saw staggering down Farnam street, coming in 'the direction of the Rustin home and ; only ,four" blocks from that point, within a quarter of an hour of! the time the shot was -fired, is one of the' strongest links- connecting Davis with the murder. The bail was fixed at :$7,000. and, immediately given. The hearing wa# set for. September 24. PERSIAN TROOPS ARE ROUTED BY TRIBESMEN Shiral Khan, Royalist/Leader, Is Among Those Wounded in .Engagement ST. PETERSBURG, . Sept. .11.— The Xovoe Vremya today; publishes a dis patch from, Tabriz dated September 9, saying that 2.000 Persian trops and a company of 2,000 kurds commanded by Izzatull - Khan, coming, from Maku to the assistance of Am ed Dowleh had been intercepted' ten miles from Tabriz by a force of mountain tribesmen, ad herents of Satar Khan. The royalists were" forced to retire. Among the wounded is Shiral Khan, one <of the royalist .leaders, i :-. •\u25a0 \u25a0 :. \u0084' ,\u0084• Continuing, the correspondent says that heavy artillery and rifle fire was heard the night "of the; 9th*at Tabriz, but, the outcome could not be learned: JAPANESE IMMIGRATION ' STOPPED IN HAWAII Mikj Saito, Chief ; of Bureau, Considers There Are Suffi cient Laborers • -.<J : HONOLULU, Sept.^ 11.— According .'to word received today Miki Saito; for merly to Hawaii." and now. head of the , emigration bureau lof the foreign office, has/ prohibited; fur ther emigration Into Hawaii ;>n the ground :\u25a0' that*;there .' are^ now- sufficient laborers there already. l , - An^increase, he says, would result ,in replacing the weaker : by,v the T stronger. who "have, returned Lto -their \u25a0•native country " will •be "unable .to "get " back l to the islands.-, '„-".\u25a0" V' ; . \u25a0•\u25a0-." ••.\u25a0 \u25a0; '\u25a0\u25a0 vAn *;*Vy , Philip N. Lilienthal Is Laid to Final Rest After Prayers and Eulogies by Rabbis -\u25a0 , Scene at funeral of Philip N. Lilienthkr (in. upper picture) and some .of the flowers sent by business and civic ! institutions and friends of banker. .- ' ;.: \u25a0 ~ V; ; "' : > '\u25a0 ' '. MANY TOWNS LAID TO WASTE BY FIRE Settlers Rendered Homeless by • ; .:- •\u25a0 V \u25a0:'\u25a0»'-\u25a0\u25a0 > Conflagration AVhich Con* ".[ \ sumes Millions of Dollars DULITH, Minn, Sept. 11^— Unle»B a lirnvj- . ralu ' fulls »ltliln the- next .4S hour* the total dcMtructloa of every toirn .-:. on the. . north nhorc o-f Lake Superior in Cook county is nlmost ccr tnlu. Xoraln has. fallen In th 1m district since July 10 and everythlns- -In the jvpbdißr is as . dry; 'as . parchment. | s This evening thg walls of flre with a heavy; laml \u25a0 v.-md behind them-are eating their w;"- toward' the settlements. v ." Wild eyed, and shaking for fear, the iiibauicaiHs are -gathered along the shore "prepared , to -take', to the lake in' smM.ll ciari stioul(l' conditions get** any worse.. ".' / : \u25a0 : ' '\u25a0\u25a0\u25a0 ' ' .": ' . ' : \u25a0\u25a0• >'. '\ ' The . details of rthe, rescue oil the north shore settlers arid the citizens of Grand Marais, who were hemmed in by forest, fires several days ago, were brought here today -by the steamer Go pher, which took' the Duluth naval re? serve to "the aid of the victims of the fire. ;•;' ; \u25a0'.;\u25a0 ;;: J :'-" '' -'./. ' ; The settlers welcomed the naval mili tia,' as ' their salvation. "They wrung the hands of General Wood and Commander. Eaton. ,V . , ' " - ' • The" 50; men 1 -, of -.the 'Gopher arrived at a critical time and: aided- in the work with vigor.' * Back "fires . were, started and little byUlttle the'flre -was driven back-. :All. Wednesday night they fought the fire and .when the, sun arose Thurs day morningjthcrtbw'n was saved.; Affecting' scenes were* witnessed .all alonir" the .north; shore. ,"of . . the.' lake. Homeless stittlcrs;fled to.the i lake' shore for- refugei {having but little foodtahd no clothing' but what t they ; wore ;at the time.^ • The .Gopher "coasted "along v the shore picking up- the .refugees.',, * The shore .was .alive, .with.' wild ; animals of all ' kinds,- driyen*,out of" the-.woqds". by the firo. ;. \ -'! : . I;'' ' r ..'\u25a0_\u25a0\u25a0--;*\u25a0\u25a0• - Conditions at^Pigeon.-i-iver,: Indian reservation,- Big-bay.. Chicago bay," Cas cade,-~Cof ton -and Nutson>are similar to those existing* at-Grand^Marais.^v .;•••: < Beaver Bay, ' on r shore 'of Lake .Superior,'^ 80 1 miles'; northeast "of Duluth, : ls,repprted;to be burning. The citizens ••"have; "appealed -to", -Governor Joll-i.«on % for i" aid. -.-.\u25a0•Thex^Bopth";;. ship Amerlqa. has -gone to ;the rescue. nPires rage all" overl I^^fc^tjCoSK^ttmtrea? Hundreds \ of * homesteads^haye ; b^en i burned": and -J2.000 -peoplel are" .'homeless. GERARD I^TASKEb-Tp:^ I . \u25a0:- : ' - •'\u25a0-\u25a0; ; i annul j;m^rri Age: Helen Maloney^.ast:Neyer; the Actual: Wife of>Broker^ \u25a0 : : Arthur Osborne V : i NEWIYORK.^Sept. .11^7- Formal} 'ap_^ plication ; for- affinal dee'ree "annulling, and •'declaring : :void V:the j rha'rrlage \u25a0* be--' tweeri Helen Malo'n*sy.' daughter of Mar tini Maloney.i and Arthur* Herbert:; Os borne; was \u25a0 made before ? J-ustice" Gerard in- the supreme. 'court ;• today.; ; -:if, •„'..: : The" marriage Uvas s performed-'by -a justice of 'therpeace - in\Mamoroneck' two years'ago.}; More than'a' year Hater," after Miss'Ajaloney. eloped- Vith; Samuel" Clarkson," ' a 8 young • iungrlishman/s she applie'd ; for and obtained.- from Justice McCall -an- interlocutory,- decree -annul ling' her 'marriage :totOsborne;>"Justlcc McCairs action was taken' upon.the -re port'-of •Daniel'slVCohalan,- who,- after hearing .tte.atimpnyi: as vrreferee,:, found that . the -marriage to ; Osborne had never been'-'-' consummated * and - - -was \u25a0- not ''\u25a0 in effect > a.', legal 7 marriage. .'; The 'purpose Of . "' today's ; : application >. .is . to \ make rthe Interlocutorydecreeinpal.;,; --\u25a0\u25a0;\u25a0.; ; CHESS GAME 'ADJOURNED f MUNICH, > Sept; f ll.— -The i ninth igame for. the' world's;championship "chess.con test 5 between * Dr., Lasker / and '*DiVi.Tar< rasch J v was '? adjourned;' today rafter V the fiftieth % move/f ; - \u25a0'.- "- :.;•".. «-.\u25a0\u25a0--".-\u25a0..•.:>., -yKr \u25a0:.-;» INSURANCE CLAUSE SAID TO BE JOKER Businessmen Investigate/ "Vol canic Eruption" That ' A ppears in Many Policies . Mindful* of . the> bitter fight which took place between claimants "and cer-. tain insurance companies immediately .following . the . conflagration .;of .two years ago because- of the famous "earthquake"; clause, local business men are; investigating the meaning of the._'"yolcanic eruption", clause -now contained .in some: policies . which are being written: ; The managers; of the companies .contend- that the- olauSe would have. no. effect- in- case of ,-an earthquake. . On ;the_ other hand, many believe .that \u25a0 the. cla"Use .is* a-> "Joker" and might be invoked 'to avoid ; payment of -'losses.-;-; '\u25a0-\u25a0'_ ,^.»- -'-;.'; : - ;/. ;-• ' t^,\: Af ter V.the,. the , earthquake "and flre"-'mu"ch was written 'concerning the -causes of seismic disturbances,- and some scien tists expressed it as. their opinion that earthquakes were the direct of volcanic activity. Because of this the ory, which -might -be advanced ..to jus tify a refusal to. pay losses from earth quake :and ".flre, in the future, it is_ possible that measures, will be- taken to .i. have the obnoxious clause stricken from the policies. - * ,- • \u25a0 MAXAGEKS EXPLAIN CLAUSE ' . One of tlie companies whose; policies contain \u25a0 the-" volcanic eruptioh'V clause is the New. Zealand insurance company, limited.- of Auckland. .New Zealand. Speaking ;of . the -matter -yesterday Clinton /Folger; and Walter rM. . Spej-er, joint managers' of -the, Pacific branch, 1 " with. headquarters .in- this «. city, 'said that' their v corporation, did ..not.. attrlb-. ntc } .to . .volcanic . activity.* They, said, that the .plause. contemplated •destruction ; : caused •by -matter'- emitted "from i apertures \u25a0 in " the earth, jor what \u25a0is .commonly-known = as ; a 'volcano. T.-In explanation ! of ;;.the .presence?-. of : 'the .clauso^in, the policies: ln;. this .vicinity, ; where jthere are -no*. volcanoes,^Spoyer ;said: -,-"t~ \u25a0':'.: \u25a0\u25a0 , : -\ \ ':'•' -r s \u25a0;"\u25a0;\u25a0;\u25a0': ''.*:'; ~; ."iVMany states are enacting legislation \u25a0 fixing I a standard f policy. ,-, NNet,w t , York and- Oregon r now have such '^statutes; ahd-.I bellev N e>a'commlsslbh^ nowen-. \u25a0 gaged .formulating one' to 'be.. presented 'to. theT-.next" legislature; ' in r thfs" slat e.- These. enactments require" v«: to- change the form Qf policy/very. "often 'and tem porarily.-we Y are. J using our old .forms; in states ': where Tthere" is,' no/standard :p'ol !icy."-Ours.:is :exactly,~the -.same . as the New 'York ? and"; Oregon; 1 standard poll •cies- as "toy.- matter,? contained' : thereih;' Twithf the. exception of "the - Vvolcano" clause. M This : clause^- was 'Inserted v" be cause'of the J large) amount :of:: of : business ; the : company "does I In. Honolulu, Twhlch Is";in;a." : volcani.c;.region/!' j ;' ; ;;;"!- ; -^ ; ', : - .•-.* - WOLFJ CAXT, IXTERFERE v. ; ' '; * -.;' Insurance E. : .ilj:fon I-Wblf,-. when^: asked » abou y.the":*: matter/ said 'that,; in"', the "of • a* statute prescribing/ a' standard , form lof -policy. jtheSobjeQtibriable^clausei.was } a^detall in .a';contract : betwe«b»; thef insured: arid the "; company.i.with"-.which: he •' had " no authorityi tp vinterf ere.^Vy •. -"1 '££* ':. ; ; '\u25a0'\u25a0 nessm"enMsi'"tliat''therelbeing>no;volca-' noes 'inithls^ylcinityiaDd^the^'cbange • only. ; requiring * the? printing^ of • a i new , the": pjbrio'xious J'volcanJc^terup tion" 'clause 'should *be 'Stricken K from the*p*6llcytrv .'.V.- 1 ::-:-: -'L.v -",.';:- H '-. •;- " ,WAiRR-VNVrFdii v yiRisXMyX^ROI3: -:i RSADINQ.'* PaT. . Sep t/-l I.—-A1 .— -A "warTan t" ,was *; issued '~ tod ay '[to r | Mrs.\r Harriet! E^' Munroe\of ./^'ashlhgton; 2.D."! C., >, owner of fthe. copyriKhtfolitli'd: eritertainnien'C; r.'The*;*' Scottish •""'Reformation;"..** which was igiven'-in'.Rhoades'^opera '.house -at Boyerton-jlast' January,'l.whenwl7l'.per sonsrof \u25a0 the .4oo Jpresenti were burned i to death. wThe ! prosecutor. is '.l^ran^3lo3-er.' who - lost; at daughter,* in -the lilre'.^ Mrs. Munroe'g -attorney^ here agreed Kto } ac cepts service , and. the I case ; will : go ; be /oro tha [ fi:rand"jury.next,weelt.'r . r '\u25a0..The, Daughters of Independence—Cali -fornia. girls who plnckily earn their own diving— are to' be" shown in a. series of I "'color drawings. The first tomorrow in The Sunday Cal! ;t WAGONER REPLIES TO HIS ACCUSERS Calls -Sullivan and Other Oppon ents Idiotic Children and As : • serts His Own Integrity 'jvMore-sparks-^-this time a perfect shower* of them — flew from the down town district . *yesterday. It was : the secondary effect \u25a0of Friday night's India • basin act "harmony" meeting, when Matt I. Sullivan, dele gate from the Mission Promotion asso ciation, j clashed . with 9 the commercial bodies ot the^city and hurled the gauntlet at the feet of .Engineer Luther .Wagoner with, charges- of personal financial- Interest in the measure. . Yesterday Wagoner accepted the challenge • and -dubbed his accusers "small children." "Asinine" and "idiotic" were other terms he applied to the argument' of his opponents. The attack, on Wagoner brought to. hia aid the . executive committee of the feder ated harbor improvement associations, whiles the commercial bodies, also at tacked, flew to their own defense and stood behind Wagoner. - ?• The India basin act is a project for the improvement of "~ Islais creek and India basin by : the creation of a great inland harbor. The : bill- was .passed by the last. legislature, ..but, owing to a flaw in the printing, it had to : be sub mitted'to avote of the people in 'order to.become law. The act authorizes the state board of .harbor commissioners to issue bonds to -the amount of JI.OOOTOOO for the acquirement of 64 blocks of tide land in' the district, affected. ; .* In* a . report •to the federated harbor improvement ..associations .'Engineer Luther - Wagoner and ..Consulting En gineer Colonel. W. ;H. Heuer- recom mended-that only 40 blocks be acquired, arguing , that the same amount of wharfage room might be hadwlth the lesser purchase and that the cost would be -greatly reduced. * Wagoner • has also since presented figures. which, f 'as. he-declares^ chow the harbor board : could., not ..finance, the $1,000,000 bond issue if it were made a 20.. year. loan, as provided- in.- the act. The 'report' of ; the. engineers i was ac cepted -by- all -the commercial associa tions involved except the Mission Pro motion association and the Merchants* exchange. These tw<x bodies have been urging. the passage of the measure, de claring^hat unless the land Is acquired ;at;once : it wlH'rise In .value or;be re claimed" by- Its; owners within the two' yearsrof delay would result .from tlie r defeatipf the act. v . : a> VI .knew Sullivan was golng;to spring a Hot: of stuff 'against : me at that meet ing.! last* night." said Wagoner yester 'day,\ s "and' \u25a0 for; that I reason,*' I" stayed away. [\u25a0 Almost everybody • concerned Sullivan, -.•Rol'ph*,'- Phelan, Magee, Davis and the-r«st-i-were up here in- myofflce in-' the \u25a0 afternoon./ and- 1 we | argued and rowed •overVth'c'.bilLi' for. hours, but it came to nothing fcut a deadlock. Why, from the- way they : -talked they-remind 'ed'-me "of small- children. "'.Their argu ments -"were positively, asinine' and idiotic:"^-; v~v:;r ; '-••- \u25a0 \u25a0 '\u25a0•'".."\u25a0 " £5 "As for- Sullivan's charges" that I ha ve a - contract- to. fillf in the; 24 blocks we left;out of our'report.".that is all wrong. My- report was •turned '-"in-- to '.the fed erated'harbor improvement associations in; March; and in. -May, of the 'same year "the ""Acme lumber company engaged my services as -anrtengiheer "to draw plans forj the." reclamation of five of the land : - there 'involved.' \u25a0 I- drew -the plans and -the contract has been* let to ,the; Riricon jg| Hill -.-improvement • com pany. v-.TheMand' is to.be reclaimed' with the earth taken 'from ItlnconhilL ' " \u25a0 "It would bQj Impossible, for the 'har bor ..board -to f finance' a " Jl.OOOjOOO'bond Issue.'- -•There *•; is r already ra $2,000,000 bphdMssueauthorixedjfor.thecoristruc tlen-'.of 'V'sea wall/and »wKenvthe*ln t'e'rest*and-sinking-;fund-for. this 'bond •4s£ue-. andvfor-; the. other. -loans -. which 'the aboard ;now carries .has- becn^paid the 'surplus. revenue will- not ibe'enough to meet* the. requirements.^of the basin Issue.'JWith a 'short term -bond Issue >the -law. -requires: that* the- board set aside " annually I Q , per cent* of ;th© . pVin -clpal; for fund. .With; a long term : Issue, 1 say ; for; 75^ years.: no? sink 4ng t .fund^is,; necessary;,' for" 19 » years. What", we ; want is the long term Issue 'aad e.we * believe -that > defeating \u25a0 the Indlaibasin^act,- now _and"- waiting .far the -constitutional.- amendment., to au .thori£e;;7s* r year:b;ondsjthe;bpard;wiirbe ahle to, finance, the; improvement ". with out'gettingjhopelesslyMnta;debt.? V , ;:* Y Matthcw .- Sullivan, :; firm ,-ini' his ad vocacy 'pfj the^biU. '.characterized I."Wag oher's figures as j"all v supposltion " He said?,thei.>s2.^oo.ooo \bonds r. which Chad .been : authorized ."for-: the", sea- wall, but hadjnptr-been.rissn'ed.'-'couid; wait*.* but , Continued aj PRICE I PIVE CENTS. BOY SLAYS PLAYMATE WITH GUN Twelve Year Old Peter Bernal Shot While on an Errand for His Mother Neighbor Lad Thought He Was Going to Take Tomatoes From %] His Father's Garden . Dying Child Reels and Falls and Breathes His Last Appeal Wffi to "Mamma" Tragedy at San Jose^ Follows Instructions to Guard > -r a Yard S SPECIAL DISPATCH TO THE CALL SAX JOSE, Sept. 11. — "Oh, mamma. Freddie shot me. I'm going to die," were the last words of Peter Bernal before he died this afternoon, the vic tim of his eight year old playmate's aggressiveness. The shot waa flred by Freddie Sepul veda, who told the officers at the sher iff's office that he had the gun to keep the neighbor's children from stealing 'tomatoes from his yard. Little Bernal happened to pass the place on an er rand for his mother and. not knowing that Freddie was threatening to shoos j any one who approached, walked brave ilyup to him. When he was only a few feet from the muzzle of the gun, an old fashioned muzzle loading shotgun. Freddie pulled the trigger, discharging one barrel of the gun into Peter's ab domen. Peter, who was a sturdy little fel low, 12 years old. clung for a moment to a tree by which he was standing, and then fell to the ground uncon scious. -His- father, 'Gabriel Bernal. heard the shot and rushed to the scene. together wtth many, neighbors. Doc tors Trueman and Saph were summoned and the boy was taken to his home, only a block away, at the corner of Willi.-* and Gerome streets. \u25a0In spite of alt that could be done for him. however, he died In less than an hour after he was shot. He recovered consciousness for a few minutes and seemed to real ize that he .could not live long. Ha kept crying to his mother that he waa going to die and begging the physicians to give him chloroform. Freddie Sepulveda. as soon as his -victim had been removed and he had time to realize what he had done, at tempted to cover up the evidences of his ' crime by throwing dust over the pool of blood. When Sheriff Langford and Deputy Sheriff Howard. Bufllngton arrived he begged them not to take him from home, and above all things not to take the gun. He said his father would want it In the morning to shoot gophers and, would be in a rage If ho should not find it. Both his father and his mother, he said, were In Llvermore visiting relatives. According to Freddie's account ot the shooting, he was told by a younger brother that Frankie Bernal. a cousin of Peter, had stolen tomatoes from hla yard. He immediately ran to the house, and breaking in a window, 'took out the " shotgun with -which he had often before frightened the neighbors* children from the yard. T._;Wlth this he ran to the front gate, pointing the gun at FranMe. Frankie ran "In terror, but Peter appeared Just then, and in some way angered th<3 already furious Fteddie so that ha pulled the trigger. Freddie Sepulveda. with his. two younger brothers, Manuel and Arthur, jras taken to the county jail, but they were all released tonight and given into the charge of an uncle. Tobe Flores. They will be given over to the probation officer tomorrow. REALTY DEALER'S BRIDE • S/' ENDS LIFE IN HOTEL Wife of John Davis of Seattle Commits Suicide After Two Quarrels . SEATTLE, Sept. 11. — Mrs. John Da vis, wife o* one of the leading real estate dealers of this city, committed suicide last night by taking carbolic acid. She was 23 years old; he was 4S and- -they had -been married only since- March 15 last. They returned from their wedding tour in Europe two weeks aco and were staying at one of the leading hotelx The couple had some trouble last Sunday, so guests at the hotel' say, and it culminated in another quarrel last night, when Mrs. Davis sent the bellboy with a written order to the druegist in the hotel building for carbolic acid. The order was dated Sunday, indicating that she hart Intended committing sulctdo then, but faltered until after the second quarrel. :..-• UNION JACK PROHIBItED FROM SCHOOL BUILDINGS Ignore Government's Order and Decide Canadian Ensign Only Shall Adorn Flagstaff s XEW TTESTanXSTER. B. C Sept. 11. The school trustees .of this city . hava refused to ralw the union - jack .over the. school buildings as they /vrere or dered to do by the provincial govern ment. , The whole qu^tlon was discussed at length at a meeting last night when 1: •was; decided that the government's re- Quest -would not be complied with, but „• that the, Canadian ensign should be th»~ onlr emblem permitted at the flagstaff head. WANT OPTION ORDINANCE '.- REDDING,. Sept. 11.— The supervisors of Shasta county today rejected the pe tition j signed by 1.100 citizens asking for the . passage of the precinct option ordinance. HHMMEBBB&I^OH