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flfjrh*** Temperatnre VeMerda?-. 06; T.OTrest Safnrdny Mslit, 44. For detail* of the Weather ccc Paice Iβ. Every Day Bargain Day The Classified Advertising Pages of The Call contain bargains of all kinds every day. Read them over % T and see for yourself. VOLUME CXHL—NO. 9. GOVERNMENT CORNERS SOUTHERN PACIFIC Suit Will Be Filed in Fresno This Week to Retover California Oil Lands Valued at About $1,000,000,000 MAYOR BACK TO NEGOTIATE WITH SPRING VALLEY Rolph Says Fisher Practi cally Ordered City to Try to Consummate Purchase, but Would Be Satisfied With an Effort to Make the Deal at Fair Price DECISION EXPECTED END OF NEXT MONTH Executive Declares Convinc ing Demonstration Was Given That Hetch Hetehy Is the Only Safe, Avail able Source of Water Sup ply for San Francisco Ftill possessed of the same quiet optimism with which lie set out on his mission three weeks ago, Mayor Kolph arrived home yesterday from Wash ington, bringing direct word of San Francisco's battle before Secretary of the Interior Walter L.. Fisher for Hetch Het'hv water. The fight is not yet won, nor would th>=> city's chief executive indulge in any speculation as to the final outcome, "TV*, have enjoyed a fair and thor ough hearing," was the way he summed up the results of his trip. "For myself, 1 rome back from Washington con vince/-] that Hetch Hetehy is the only safe, available source of water supply for San Francisco. I believe that fact ■was clearly demonstrated to Secretary Fisher. Case Ably Presented "Our :ase was ably and skillfully pre- t pc] at the hearing fey Engineer Frfpmsn. who proved himself an a.ss»et of immense value to the city. Hβ dis posed of every question relating to every other source in a most thorough manner and showed beyond question that Hetoh Hetehy supply is the one absolutely needed by the people of Pan Francisco and tho* bay region." No decision in the matter ran be exported before the latter part of Janu ary, according to the mayor. The gov ernment requested both the city and the Spring Valley company to furnish certain supplementary data, before sub mitting the case to th» board of army engineers, and this data will not be reedy until December 23. After the army engineers have made their recom mendation, based on the evidence that •will be before them. Secretary Fisher nili issue his final ruling and the fate of San Francisco will be known. Spring Valley Purchase An important part of the recent hearing was the question of the nego tiations between the city and the Spring Valley for the purchase of existing plant. Secretary Fisher made it known That he would not consider making the Ketch Hetehy grant operative until an agreement for the purchase of Spring Valley had been struck, and in order to remove this objection Mayor Rolph intends to resume negotiations with the ■water company at once. A conference of the advisory water committee will be called for either Tuesday or Wednesday evening of this week, to be followed immediately by a special meeting of the board of super >re to decide upon the course to be 4k' Mowed in acquiring the Spring Val- Jey plant. As Secretary Fisher stated at the hearing, there are two ways open to the city—arbitration and con demnation—and one or the other of these will be followed without delay. Price Must Be Reasonable Mayor Rolph pointed out that while Secretary Fisher virtually had ordered San Francisco to purchase the Spring Valley plant, it was not with a view of forcing the city to pay an unreas onable price for the property. "Secretary Fisher told me later," 4 said the mayor, that he did not pro pose to liavr. ihr city of San Francisco held up by the Spring Valley company, and that if we could show him we had made every effort to acquire the Spring Valley property at a fair price both to the city and the company, he would b<? satisfied. "The question of the purchase was raised by E. J. McCutcheon, attorney for Spring Valley,, who asked Secre tary Fisher if the proposed permit to iise Heidi Hetehy should not include the purchase of Spring Valley as a condition before the Iletch Hetehy right became effective. Fisher said the point was well taken and in this way made it known tliat he believes the city .should a.quire the existing com pany before entering Hctch Iletchy. NE.4.\S TO BE JI>T "Secretary Fisher was fair and thor ough all through the hearing, and I feel ■*> at he means to be just to the city of San Francisco. When I saw him last, which was on my return to Washington from New York, he assured me that he Continued «m I'age 4, Column 4 "An Independent Newspaper" j City Enthuses Over Diva Pasquali to Get Ovation M/ie. Dernice de Pasquali who will sing on the Lotla Foun tain plaza on Christmas eve, when the big hammer is to be burned. Popular and Beautiful Artist Will Help the Obsequies of Hammer With Song With one accord, the music lovers of San Francisco offered up an enthusiastic "Hurrah" yesterday when they read in The Call that Madame Bernice dc Pasquali, one of the best loved operatic stars who ever sang here, would be back Clrristmas eve to take part in the great celebration at Lotta's fountain. Memories of Madame de Pasquali are still fresh in the minds and hearts of musical San Francisco, although it has been more than two years since she was here on a concert tour with Scotti. the famous tenor. Her later great triumphs in New York and abroad give her coming visit an additional interest above and beyond the fact that she is to help San Fran cisco in its very newest enterprise—the burning of the hammer! It long has been decreed'that the hammer must go, Such an instru ment of petty strife and jealousy has no place in a city of half a million souls who have a mutual, common interest in the greatest project of the decade—the Panama-Pacific exposition. Concefted action—everybody pulling together—is needed, instead of the dull, vicious thud of the knocker's hammer, sounding a melancholy dirge to all unified effort toward civic betterment. "Burn it up; destroy it," is the cry on the streets, in the market and in the homes, and in response to this demand The Call has arranged a Christmas eve ceremony that will undo the hammer of knockery forever. What Madame de Pasquali will do will be to usher in the new "pull together - ' spirit with a burst of rapturous song that will cheer and glad den the hearts of the men and women after the grim execution of the ancient symbol. No one in Europe or America is better able, by virtue of native gifts or training, to express the feelings of the glad new San Francisco on this happy Christmas eve than is she. Her enthusiastic response to The Call's invitation, offering her services for the city's good, is typical of trtie way the suggestion is being received on all sides. "For the good of San Francisco"' is a powerful appeal, and it will be "for the good of San Francisco"' that Madame de Pasquali will trill her highest, clearest notes on Christmas eve. IMPERIAL LIMITED TRAIN ON CANADIAN PACIFIC IS ROBBED Boldest Holdup in History of Vancouver Perpetrated by Lone Highwayman at City Boundary VANCOUVER, B. C, Dec. B.—A train holdup that for boldness has never been equaled in Vancouver, was perpetrated last night just as the Canadian Pacific railway's Imperial Limited train, leav ing Vancouver at 7:45 p. m., was pass ing out of the city limits. A single bandit, disguised by a black mask, boarded the train as it was pass ing the British Columbia sugar refinery, a mile and a half out, entered the Pull- DEATH ENDS A ROMANCE Lloyd Burns of Cnlc© Wβ* *o Marry Red Bluff Girl Thie Week Special Di<.patrb to The Call CIIICO, Dec. B.—The sudden death at Red Bluff of Lloyd Burns has termi nated a romance that was to end in the marriage of the young man to Miss Opal Norris of the Tehama county seat Burns, a resident of Chico, was a car inspector in the employ of the Southern Pacific company. The wedding was to take place this week. THE San Francisco CALL man car, and at the point of a revolver forced the passengers and the Pullman conductor to pass over their money and valuables. The man dropped off the train just before it arrived at Barnet, which Is six miles from the city. The total loss was $308 in bills, two watches and one chain, one diamond ring and two English sovereigns. The conductor contributed $30 ojf the $308. There is no trace of the robber. QUAKE IN MIDDLE WESI Heavy Temblor Felt la Ohio, Indiana and TllinoU Special Dispatch to The Call CLEVELAND, 0., Dec.V— An unusu ally heavy earthquake shock within a radius of 300 or 400 miles was recorded at St. Ignatius observatory Saturday night. The maximum came at 6:53 o'clock with a vibration of six milli meters and lasted five seconds. It is thought the shock occurred in southern Indiana or Illinois. SAN FRANCISCO. MONDAY, /DECEMBER 9, 1912. NEAR SCANDAL IN FIRE DEPARTMENT ACROSS THE BAY Man Suspended for Pummel ing Officer Accuses Cap tain Pretti of Undue Attention to Nieces ATTEMPT IS MADE TO HUSH CHARGES Commissioner Punishes Rob ert Cuthbert and M. P. Dolan of Engine No. 2 OAKLAND. Dec. *. —As the result of a fist light in fire engine house No. 2, Fifty-sixth and Dover streets, the cause of which had Its inception three months ago, when Captain Frank R. Pretti was accused of paying too assid ious attention to two pretty young nieces of Fireman Robert Cuthbert, the last named has been suspended for 30 days and fined a month's pay by Com missioner of Public Health and Safety P. C. Turner, in addition to being ar rested on a charge of battery. M. P. Dolan, a fireman at the Dover street fire house, also has been suspended for seven days for his pa>t in the affair, while Cuthbert threatens to enforce a further investigation of Pretti's actions with regard to liij nieces, 15 and 17 years old, respectively, both pupils of the Grant school. J Affair is Hushed. The fight oecurr4<l -on the ground floor of the engine h#use last Monday afternoon, btit the" 4#fj» ir "was hushed by the fire department,- and only became known when Cuthbert was arrested last night on the charge of battery, preferred by Captain Pretti. Inci dentally it became known for the first time also that Pretti was on the carpet before Chief N. A. Ball about three months ago on charges preferred by Cuthbert. Captain Pretti Hvcg with his wife and children at 5017 Grove street. Cuthbert lives at 698 Fifty-sixth street. According to Fireman Dolan, who lives at 4201 Lusk street, the fight oc curred when Cuthbert and Pretti quar reled over the former permitting his nieces to come to the flrehouse to see him. Cuthbert accused Pretti of hav ing attempted to take the older of the two girls on an automobile "joy ride" I while she was on her way to school. Pretti emphatically denied this allega tion and called Cuthbert to account for permitting his nieces to call upon him at the flrehouse, which he said, was against the rules. Angered by his superior officer's words, Cuthbert knocked Pretti down with a blow on the jaw. Dolan Interferes Pretti arose, picked up a piece of timber, according to witnesses, and tried to strike Cuthbert with it. Cuth bert disarmed him, and Pretti again was knocked down. Then, according to witnesses, Pre*ti grasped a hammer. It was then that Dolan interfered and played the part that cost him a week's salary. Hβ struggled with Pretti and after a hard tussle, succeeded in tak ing the hammer from him. He also prevented the men from renewing their hostilities. The last part of the fight took place on the sidewalk in front of the building, and a large crowd gathered to witness the combat. Cuthbert's home is only a few doors from the flrehouse. His nieces, the Misses Scott, live nearby. Cuthbert will appear in the police court tomorrow*morning to answer to the charge of battery. He is out on baiL He has retained counsel and sen sational testimony is expected. "I have had trouble with Pretti for more than a year," paid Cuthbert to night, "and the tight we had the other day was the climax of the hard feeling existing between us. Pretti had in sisted on meeting one of ray nieces, who is only a schoolgirl, and asking her to go automobile riding with him. "Pretti used to meet her on her way to and from school, and once took her automobile riding. He took her a long distance, and at. last she begged him to turn back and take her home. "She told me all about it the next day. I told her to have nothing more to do with Pretti. Twice after that he asked her to go riding, and she re fused. "BEST NOT TO dUARREL" "I felt that since I occupied a subor dinate position and Pretti was my chief it was best not to quarrel with him, but It was only by exercising all of my self-control that I was able to keep my hands off Mm. I had the sympathy of all the other firemen. I told Pretti that the girl had no par ente, that I was her only relative in Oakland and that he shouhl not annoy her." Special DUpatch to Tho Call 1 "All the News All the Time" [ Men On Whom Rests Result of Oil Land Suit The portraits are of the following officials: First (or top), president of the Southern Pacific; second and fourth, special assistants to United States attorney general; the third is chief of second division, general land office. POLICE IN HAND TO HAND FIGHT WITH BAND OF GIPSIES Women Cover Retreat of Their Men, but City's Forces Capture Six teen Prisoners Sixteen imprisoned gipsies and 12 policemen with bruised faces and torn uniforms was the net result of a fight at 4 o'clock yesterday afternoon in a gipsy camp at Buchanan and Lombard streets. The fight started over a horse trade between the local nomads and a tribe that had come from Oak land and resulted in a riot call to the North End police station. Sergeant Patrick Herlihy headed 12 picked policemen of the station and started for the scene of battle. When the police arrived they found at least 100 gipsies, men, women and children, in a hand to hand battle. Clubs, beer bottles, stones and knives were being used for weapons by the warring tribes. The police soon closed into the fray armed with clubs. The gipsies, seeing that they were being attacked by .the police, turned o ( n their com mon enemy, and it was not long until their own differences were forgotten and their combined force centered on the police. C The gippy men did not relish the shower'of: blows from the clubs of the policemen and soon beat a hurried J re- . treat. In every direction they could i Cob tinned on Page 3, Column 4 i '{*. riond.v; Harht eouthweet wind. J 1 *- The Sunday Call Yesterday printed more advertising than it has in any Sunday paper for years. Business houses appreciate the value of the new Call as an advertising medium. BILL IN EOUITY RELATES STORY QE GIGANTIC LOSS IN THE PUBLIC DOMAIN Impending Litigation Is Announced as Most Stupendous Action of Its Kind in History of the World, and Is Designed to Restore to People at Least 125,000 Acres of Holdings Which Store Petroleum Whose Equivalent Soars Into Unknown Fabulous Sums FEDERAL ATTORNEY GENERAL WILL ALLEGE BREACH OF PATENT RIGHTS Petition Charges Railroad Corporation With Fraud, in That It Has Developed or Sold Without Authority Vast Mineral Areas in Which, According to Pro visions of Grants Under Congressional Warrant. Neither Company Nor Subsidiaries Have Any Title. The .government's suit against the Southern Pacific company and its subsidiaries for the recovery of California oil lands worth aUnost a billion dollars will be filed in Fresno this week. B. D. Townsend and T. J. Butler, special assistants to Attorney General Wickersham, have completed the bill, except for a fe.w minor details, and will carry out the department's instruction that it be filed without further delay. This will be the greatest suit in equity in the history of the world. The greatest suit now on record is for the recovery of timber lands in Oregon, claimed by the Southern Pacific, through its sub sidiary. These timber lands are estimated to be worth $75,000,000. Should the government be successful in its litigation possession will be restored to the public of lands worth a kingdom. BATTLE IS BEGUN WITH ELK HILLS CASE Already the battle for oil lands in this state claimed by the Southern Pacific has been begun with the Elk Hills case for the recovery of 6,100 acres, valued at $15,000,000. Willis N. Mills, special assistant to the attorney general, now is bring ing the trial of that case to a close and is very confident of victory for the public. President William Sprou'e and William F. Herrin, head of the legal department of the Southern Pacific, have intimated in the past that while there was a chance of losing the Elk Hills case they did not think the government would be successful in its proposed suits to dispossess the company of its other oil lands. The report of Attorney General Wickersham for the current year leaves no doubt of the intention of the present administration to institute legal proceedings for the purpose of establishing the title of the United States to all of the oil lands in California now claimed by the Southern Pacific company. GREAT L*ABOR INVOLVED DELAYS ACTION This subject lias been under discussion for some time and the delay in instituting suits has given rise to some doubt as to the intention of the administration upon the subject. Attorney General Wickersham explained in his report that the institution of all suits Kas been delayed because of the vast amount of labor involved in the preliminary investigation for the purpose of collecting the material necessary for the institution of the suits. Those familiar with this subject can see that this is true. There is no ques tion that to institute suits which will present properly the rights of the United States involves a vast amount of preliminary work. The statement contained in the annual report of the Attorney General is especially significant in view of the activity of government attorneys and agents at the present time in the state of California. The prosecution of these suits has been committed to B. D. Townsend and T. J. Butler, spe cial assistants of the attorney general. PRELIMINARY WORK GOES ON FOR MONTHS Butler established offices in the postoffice building in San Francisco several months ago and has been quietly prosecuting the necessary pre liminary work for the institution of these suits. He has been aided in tht3 work by F. C. Dezendorf, chief of the second field division of the general land office, with headquarters in San Francisco. A large number of spe cial agents have been engaged in the work and a vast amount of material has been collected. This work has been carried on quietly and the actual scope of the investigation is not disclosed at this time. In the meantime, Townsend has established headquarters in San Fran cisco and has made no secret of the fact that the purpose of his visit here POLES WILL MEET AT FESTIVE BOARD Peary Toastmaster for Dinner Honoring Amundsen Given by Geographic Society " WASHINGTON, Dec. S.—The north | pole and the south pole, through their] respective discoverers, will meet in Washington, January 11, at the annual banquet of the National Geographic so ciety. It will be the first meeting: at* the same board of Rear Admiral Robert E. Peary, discoverer; of : the : north pole, who will he master, and Captain Raold Amundsen, who found the south pole, and who will be the guest of * . ■*■,:.■ v :,.-■■ -. i .-■•■■■ • ..';•■■,■"-■ , ".■ -- honor. The latter will be presented witfl'the: gold m«dal of the i society. v>:' PRICE FIVE CENTS. I ROYAL 1 NESTOR Original London & Cairo; Cigarettes EDw.WaLF Co. 161/67 CALIFORN/A ST.