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VOL. XXXII, NO. 108. WARNS CHINA TO REMAIN NEUTRAL HAySELKSTC AVERT A CRISIS IN FAR EAST WILL PrIOBL RUSSIAN CHARGE America Covernmrn' Invites Chinese Attentijn to Maoffslty of Hold. Inp Ale»f In V/»r— Text of Muscovite' Note 1 By AitoclAted Press. WASHINGTON, Jan. 16.-Chlna's at tention has again been directly invited by the American government to the ne cessity for a faithful maintenance of h«r neutrality,~iiot only in her own in . terett but In the interest of the world's peace. Secretary Hay on the receipt of 'the full text of Count LamsdorfTs note expressing Russia's belief that China's neutrality had been repeatedly violated, . today prepared Instructions -for the American charge at.Pekln, di recting him to make inquiry of the Chinese 'government regarding the slt . uatlon. / .■■•■ ' It' ls specifically declared that this action cannot in any way^be construed as indicating that this government as ,'sumes | resplnslbllity for the charges made. by Russia.! Indeed, thiß govern ment; has -received no flews through its '.legation "at Pekin nor through the vari ous'consulates in China that the Chi 'nose.i are -violating '"'.the rules of ..neutrality. '. Nevertheless, , In . . view of "expressed anxiety over the situation : , which .the Investigation '„ discloses, ; the American government is S ready to do whatever it' eanrto save .China 'and the 'other neutral powers' ■from- the ..far-reaching' complications "which It^ Is feared would follow an ex tension to Chinese territory of the zone of hostilities. T This Is the second, time Secretary Hay in a friendly spirit has Purged on China the advantages' which a .strict ■ observance of the neutrality holds, not only for her people, but the remainder of the world. ;';'.;"' Text of Russian Note '.. '■;.': The, -long ; heralded ,' Russian ";note readied Secretary t Hay from ' the Itus-., sluii . embassy jWrect: : 1 1 : was in French '■Wiad'lU'BubstiifK'o^was given r to the sec retary several' days ngo'tiy'^'ount Cas eihi during, a ciall at -the state depart | linen ti '''.■•' : •/" . : ■ ' /-]The Russlan'amb'sissadors to the s'ev f-Val powers are invitea'by _ Count Lams dorf In the circular note '■]<> V.all to tire attention of the ministers for, foreign ; affairs yof .the goverlnn'ients tol which they are. respectively., accredited the fact itUiatiat th-3: beginning of ; tl.e war the [imperial government, for humanitarian fiv?asons, agreed to the ' r>i ol osal of the [.Washington : cabinet ■ regarding the lo calization of military operations and the ; recognition of. Ue neutrality .of ■'chlneE'3 territory and r.iinounced its de cUioiis to the'pokvers lest Ftlrunry, ■:'■. •That Russia, howev«r,'dlstl;icHy*spec ifted'as a condition precedent "-to her agreement a strict observation on the .par|of China of the duties of a neutral M.-o'wer and also loyal attitude on the ;i.art; of.. Japan 'towards tlio Miirit, the '■■ purpose and the intent of the Washing ton caDinefs proposal as expressed In the circular note which Scoietary Hay .addressed to the pow->rse l;ist P'ebruary. '" Chinese Aid Mikado's Troops ;.' That 'the experience , of ". the , last .'eleven months has made It evident that "China Is either unable or does not wish to adhere to her ,-ilven pledges; tha\ .w'thout /going further back than the ; Ryeshitelni incident at Chefoo. it would be easy to state rnuny cr-.sses in which the rules of .neutrality have been vio lated by China to the advantage and ; in- id t of Japan ; that it has been es tablished-many ■ times that certain of Chinese mounted bandits have operated on neutral territory and ■ that they have been \ commanded by Japanese officers; also whole de tachments of these, bandits hnve been enrolled In the Japanese armies and receive a • regulan ' remuneration from .th<v government at Toklo in payment for their services and that Japanese Jnstructors) have been ' admitted | all alr.ng to the Chinese military service pnd accompany the Chinese troops sta tioned on the northern t order of the province of Chili, professedly for the purpose of maintaining neutrality. • : That It has been ascertained after careful inquiry that sla-:e the outlircak of the war. the Japanese have used tho islands of Mia as a bus? of tt-elr naval operations. That many Importations have been made by the Japanese into Dalny without interference of contra band of war shipped from Chefoo and other ports on the Chinese coast; also thpt the "government faotorte-b at Han ynti furnished iron ore to tho Japanese for the üße oi their soldiers. That to all the representations and protestations of the imperial govern ment to the Pekin government regard ing these Incidents, the Chinese minis ter for ' foreign affairs gave vague promisee and evaeive answers; that re ports recently reecived indicate that the ' Chinese -government, not content Mith the violations of neutrality of this kind,', flagrant as they ure, are now seriously prepurlng to take an active I'nrt In the inilitury operations; thitt un ugltr.tioii ugaiiuit all the . whlfes without 7 exception has taken •" hold of the "people and Is. being constantly stimulated.' . That the- imperial Kovcrnineut iiuUa (Cuiitluued ou fact Two.) LOS ANGELES HERALD J P. MORGAN, WHO IS AFTER UNION PACIFIC CONTROL MORGAN AND HILL AFTER THE U. P. REPORT: •THAT7'DEAtrISr NOW ; UNDFiRWAr -. ■ '" ■ *:•■' '■':'■ ' '■'■ '•■'■ Theory Advanced That Move Is Made for Revenge on. Harriman and Rockefeller for Snatching '.; :...., Northern Pacific Special to The Herald. NEW YORK,; Jan. 16.— The theory . that J. P. Morgan and J. J. Hill are ', secretly buying the control of j the ', Union Pacific railroad system to re- ] tallate on ' E. '. H. Harriman and } John [ D. Rockefeller, for snatching the"/ North -; ' em Pacific away from, them and forcing ■ them to ■ club "It 1 ' out -of -the-latter's '< hands, was advanced today.. ■;-' -. ' fj' , There has-been a mysterious 'buying '■', of Union Pacific stock and .certain ' persons claim to have evidence ■ that the deal Is actually, under way for the control of the Union Pacific. !The t 'con- ' trol'is said to lie ;in the j open .market, i That is, neither party owns 'an actual ! majority of ■ stock, i Harriman and his | friends have never held <more than 30 ] per cent.;, _ '-*■•. i " ■' Many facts Un connection -with .this rumor look, suggestive, .the , most, im portant of which 'is .the. steady rise in the price of. ; Union. Pacific, from 71' to 120 in , the . face of: determined efforts of Harriman's; party to depress It. .It Is now believed, even in' the Union Pacific j offices, , that the mysterious strong p.ar ties who have taken all of this stock were working for Morgan and Hill. There Is much nervousness about Harriman's office.. ' His friends believe Hill and Morgan , will at least get enough stock to demand a retire- , ment of Harrlman-. from his ' present czarlike control of the property. EXPRESS MESSENGER '■- . LEAPS TO DEATH One Killed and Two Seriosuly In. jured When S^nta Fe Train Leaves the Rails By Associated Press. WICHITA, Kas., Jan. 16,^-One man killed, two Berloußly and 'eleven more or less injured is the result of a wreck of the Kanta Fe train northbound near Derby at 2:30 p. m. today. The dead: I* li. WEST, express messenger, Newton, Kas. Seriously injured: 1 Charles Schafer, express messenger, Oklahoma City: chest crushed. Jack Stevens, Neosho, Kuk. ; head budly hurt. West and Schafer were In the express car. West jumped .and was killed. Schafer tried to Jump, but a boxed corpse in the express cur fell upon him, crushing Ulh breast. Bchufer and Ste vens are not expected to live. The' train was running ' thirty ; miles in hour iit a curve when the tender left 'i the , track ' and ' the entire .train ' of tuur cars fell down the embankment. LOS ANGELES HERALD; TUESDAY MORNING, JANUARY 17, 1905. £ E. H. Harriman, old-time enemy P • of Morgan,' who is seeking to [I, hold' upper hand In Union Pa tf cific JAP HARVARD GRADUATE MARRIES CHICAGO GIRL Hydesaaburo Ohubhl Becomes the : Husband of Miss Mabel D. McUerry . Breclal to The Uei-uM. BAI/TIMOHK, Md., , Jan. 16.— Hyde- Baaburo Ohashi, a Japanese, now rest dent of New York, was married this evening at the Grace Protestant Epis copal church to Miss Mubel P. Me- Gerry of Chicago. Rev. Arthur Chllton Powell, rector of the church, officiated. Miss McGerry was 'accompanied by her stepfather, Dr. 11. O. Speer, who has been temporarily residing here on Franklin ulreet. The groom gave his age as 26 yearn and the bride's age wus given us 17. Ohashi appeared at the rectory immaculately attired in a frock tout and Bilk hut, looking more happy than bridegrooms usually do. Ohashi 1m a graduate of Harvard uni versity,'where he specialized In tCngllsh and literature. . ' He, also hag degrees from' four colleges; ln his native land. He has been a' frequent contributor to MtCiure'u magazine. < MOVE TO IMPEACH JUDGE TORRANCE COMPLAINT OF LOS ANGELES BAR ASSOCIATION- M'CARTNEY| Fii.ES CHARGES Arrjong : Other Things, He Is Accused of Drunkenness and Improper .' Conduct In the Gay . . Divorce Suit By AiKJc!»t»<3 Pi-M". SACIIAMI3NTO. Jan. 16.— Articles of impeachment against Superior Judge I;'.*S. Torrnr.ro of San Diego were pre sented; In the nssembly this morning by r /McCartney of Los Angeles, at the I'cuiient of tho liar association of Los 'In presenting the nrtlcles he tsked ihnt they be referred to a special committee of five. -'.': the Impeachment proceed ings" originated In the assembly, Judge Torranee will be tried In the senate, If the committee reports that there Is sufficient grounds for a trial. ,■ Speaker Prescott appointed the fol lowing,^ committee to' Investigate the charges against Judge, Torrance. • Assemblymen '.Weyand, 'Devlin, Barnes, ~McGowan^ and O'Brien.: - Among other things the complaint against Judge Torrance charges: '.That ion or about the 2Pth day of January, 1903, £ the said Judge „E. S. Torrence In ihe county of Sail Bernar dl» o, state of California, at the request of one of the Judßes of . the, superior court of said county, presided at the trial of action No. 3507, .wherein Charles A. Beck , was plaintiff and \V.' jK. Thompson et al. wt-re defendants, and after. the said trial had proceeded for two days the Bald judge became so In toxicated £ that he was unable to pro ceed with. snld trial; and on' the 22nd day of January, 1903, on account of the drunkenness of -said Judge 'Tcrrence the trial -proceeded the pres ence of the said Judge' E. S. Torrence, or any other Judge,' by stipulation \ of counsel; the said Judge E. S?' Torrence thereafter, decided, said case . without having , heard i any -of s ihe testimony tot .; he witnesses ion the/said :22nd day' if Jaiiuary, 1903,^>0t redd^ilie'tranßcript of said evidence after It hodbeers wrlt .ten.by the court reporter. •■■': ■''■' j - 'i," ' Accused' of Gambling .'.~*\ : "That 'during ' his stay. /n,. the city, of San. Bernardino, oh thf-. aforesaid dates'; the; said Judge, E. S.'.Torrance passed a great deal. of his ilme'in sa- Icons, engaged in gain'iling and con sorting with persons of bad reputation, and was seen In publl'j rla.e.s in said drunken condition. and a.tßucinting with professional gamblers and rl'stolute and disreputable persons to, the great scan dal and detriment of thy administration of justice. . . That after the trial of Beck. vs. Thompson, Judge E. S. Terrs nee r was expected to preside at th« trial of the People vs. Chittendnn, being action No. f.727 then pending In said, county of San Bernardino, but on account of 'the said drunken condition of the said Judge J3. S. Torranca he v/us, unable to pre side at the trial of said criminal actfon and i another judge was called ■to try the same. That while in the city jof San Bernardino upnn the I occasion herein specified the said Judge E.S. Torrance also engaged !n tumbling, in violation of the laws of the 'state of California in such cases made and pro vided? • ; ■ >"That the said E. S. Torrance, In en tire j disregard of his duty jas such judge as aforesa'd and in violation of public decency, order and good morals, has during two years now ' last past, and while holding, said office, been in the frequent, and common habit In the city of San JOiego, county of San Diego, state of. California, of becoming grossly • intoxicated and j exhibiting himself to the public as well by day as by night In a t>tate of gross drunk enness, which 3aid . drunkenness dis qualified the said E. S. Torrance from discharging the duties of his office, and which state of intoxication caused the said E. S. Tjrranc-^ to neglect the duties of his said office, and during said period of time the said Judge Tor rance has frequently drunk intoxicat ing liquors and cirouwd with litigants and lawyers representing litigants hav ing actions and proceedings pending in his court. Accused of Disorderly Conduct "That the said E. 8. Torrance while In said state of Intoxication was very profane, and would curse and abuse upon the public streets of the city of Ban Diego and in other public places reputable attorneys and other citizens of the Btate of California, and would associate with disorderly and disrepu table persons, and by such conduct has brought the- administration of jus tice In his court into contempt and dis repute, . "That "on or about the 20th day of NovouibiT, 1902, action No. 12,049 was commenced In the superior court of San Diego county, wherein Lucille D. Oay was plaintiff and John H. Oay was de fendant, which wu» an action - for di vorce, That thereafter, on or about the 17th day, of September, 1903, the trial of said action was commenced in *ald superior court, Judge K. B. Tor rance presiding. "That the trial of said action was concluded on the 7th day 'of October, (t'outluueJ on fuse Two.) JUDGE E. S. TORPANCE, WHOSE IMPEACHMENT !S SOUGHT NEW YORK HAS NO GAMBLING PLACE DIVE KEEPERS LAWYERS SAY - LAST !S CLOSED - Attorneys Claim That Dowlihg Law - Hss Made It Possible for Jerome * to Accomplish This ' ; ■ / . End :' ' - ; . By Associated Press. ' T T~~T r } I . ..' - •*NEW YORK, ; Jan. 15.— Following.t he Surrender, to pistrict Attorney Jerome tbda,y of the gambUng 'outfit^belonging to^Frafik" Farrell,' Dave Johnson-' and Frank McDougal, I it was | declared by counsel for the gamblers that Jerome ha d closed • every ' gambling • house in New York city and that they would i erhaln ; closed. The Instrument which made such effectual action possible was drbclosed jby Lawyer | Daniel O'Reilly, representing ' the ; gamhlors, to be the Dowllng law, enacted at the request of Jerome 1 ' when he was trying to Induce Jesse Lewlsohn to testify against Rich ard ' Canfleld.' That law/automatically leleoscs from'punishfnfint""any jjambler •who gives evidence himself to the dis trict attorney, but' compolrt him to give such evidence. Lawyer O'Reilly, said: "There will 'be no. gambling houses lv this city. The Dowllng act < has given the district attorney a weapon which he has used to ';clo?e effectually every place. ln the city. Tl;nt they will rot reopen is shown by the surrender of all gambling paraphernnila. They cannot afford to buy oulttts every time the district attorney takes a notion to make a raid." LEGISLATURE OF ARIZONA MEETS By Associated Press. *" PHOENIX, Jan. 16.— The twenty third legislature of Arizona convened at noon today. George W. P. Hunt of Globe was made president, R. S. Mac lay of Blsbee chief clerk, and P. J. Parley of Prescotl assistant chief clerk of the legislative council. W.T. Webb of Pimu, In Graham county/'- ' was chosen speaker of ■ the 1 house. "■' J.- P. Dillon of Prescott was ' made ; chief clerk of the house, and Mulford Wiri sor of Phoenix assistant chief clerk. The assembly passed a'house memorial to the senate of the United States pro testing against the joint statehood bill.* .At 2:30 o'clock there was a joint session to listen to the reading of the governor's message. The council has six Democrats, live Republicans and one contented seat, that of joint coun cilman from Pima and -Santa Cruz counties. It. M. Dickerman, Republi can, and N. W. Bernard, Democrat, are the contestants. FELLOW SERVANT BILL A LAW Montana Makes Kallroads Responsi ble for Injuries From Neglect By Aesoclated i'rtss. ( HKLKNA. Mont., Jan. 16.— The fellow servant bill, which wan passed last week by both house and senate, be came a law today.-, , 1 The bill provides that every person or combination operating a railway. or railroad in this state shall be liable for all damages Bustajned by any employe of such person or corporation In conse quence of the neglect of any, other em ploye or, employe* therefor by the mis management of any other employe sor employes/ PRICE: DAILY, BY CARRIER, 65 CTS. PER MONTH MYSTERY SHROUDS FATHER AND SON STRANGE CUINCIDFIVCE MARKS THtiR Disappearance; Ui Resident of Sacramento County Drops From Sight in December,: 1901, and His Son Did Likewise : ' , Last Month By Associated j Press. .SAN. FRANCISCO, .• Jan. 16.— A sirange coincidence between the dlsap '-poarahce of father and~n>n has come to .ight. . Alexander Hall of Manlbve sta tion", Sacramento ..bounty,, disappeared L'ecembar 1, 1901., He was adjudged by . the courts last December to have been drowned in the wr»dcof the ferry steamer San Rafael jon , that date, . aN though there was nothing;. but circum stantial evidence that he was on the steamer at that time. . Today Patrick Ca.ssldy of San Rafael reported to the police and the coroner that on Decem ber 16 of last year -Hall's e'dest' sou Robert disappeared under precisely the same circumstances and every effort to locate him had failed. The mystery .of this second disap pearance Is increased by the fact that ;he North' Shore Rc.llroEd company ha* appealed from j Jur"ge de Haven's j de cision awarding $5000 to 'Mrs Hall and her children onthi ground that Hall's ileath had never been proved. This decision .was rendered on the day or. which Robert' Hall vanished. Both father and son were on their way to visit Cassldy when last seen. MRS. DUKE MAKES SUDDEN MOVE By Associated Fresa ; .NEW: YORtf. Jan. -16.— After Mrs. Brodle ' L. ; Duke ■ had jj suddenly^ disap peared from the Union Square hotel in this city today, a woman J who said she was Mrs. Duke called up the hotel by telephone and notified the management that she had left New York city. She refused, to. say where she was staying, but - declared that . she would send- for 'her 'baggage ''which had been left at the hotel. ' " " ' When .'asked ' why she had left the hotel so suddenly, . she said that she "had been ■ hounded to death and wanted to get away.*.' ■ Mrs. Duke has been indicted In Texas on a charge of obtaining money by false pretenses.'- a.nd a warrant for her • arrest tsireported to be in the mulls and on the way, to New York.* Injured by Gas Explosion By Assocluted l'ress. . SAN JOSE, Jan. 16.— Two employe? C| the gas comtony entered the base ment of the re&mno block today to repair a gas pipe, and when they lighted a candle a tremendous explo sion occurred. K. Krskine had one hand severely burned and all the hair burned off his head, and his compan ion, It. Christy, wus also badly burned. The . flames were extinguished by the flre department. $150,000 Flre In Utica By Associated Press. UTICA, N. V. Jan. 16— The Crouse building was totally destroyed by flre today, entailing a loss of more than $150,000. .'.The heaviest loser was G.'.W, Head & Co., wholoaule grocers, |70,000. TARIFF HIGH TO SOUTHERN POINTS SOUTHEASTERN ROADS BAA COAST ORANGES COMMODITY RATES RESTORED Action Is Said to Be a Retaliatory; , Measure Against the Tranacon. , tlnental Freight Bureau ' " Commodity rates on- Pacific court' oranges which reach the southeastern States through the Memphis cateway have been abolished by the southeast-*, crn lines and 1 the regular class rates v have been put into effect. These, are nearly double those of the commodity; rates. This means that any hopo or reaching the . southeastern trade , by, citrus fruit growers has been effect ually blasted by the southeastern rail-, roads. - /This move on their part comes as a retaliatory measure for the action ' of the 'Transcontinental Freight bureau lines, when on December 15 eastern and /western shippers were notified | that all rates then in connection with the southeastern roads for traffic : to, . fronT, or passing through Pacific coast termi nals on the one hand, and to, from or; passing; through points east of the Mississippi river on the other hand," had been 'canceled/- 1 w-" v ,- 1 Hard on Fruit Shippers ,, 'Although this forced 'measure j taken by '.' Jthe 'transcontinental lines ■ practl-'!' c&liy. destroyed the citrus fruit business in ( the states of the southeast,' the" corn^ modlty rates which some of the roads had In 'effect In that territory* made] it : possible to ship in some fruit where a jriarket- seemed assured-* 'This move' on_ the part of the southeastern "roads I practically wipes" out . what little trade": thatv California, ; .up until ' January/ I,. had with that portion of the southland/ ; .The struggle between the .Transconti-; nental Freight , bureau lines and^. those of : the. southeastern ; . states ' is ia ' long drawn; out : affair ; '. of ' ; several tt years' standing, as to how" the freight receipts should • be' divided. '"/.The former system,* in effect, charged that the southeastern roads were 'j playing *at j highway i rob _bery, and by the ruling of December. 15 practically, took the bill'byjthe horns in refusing; to 'have any freight rela tions, with them., . . :;»'. .The 9 curtailment of . the . . commodity rates . comes as a consequence, and at a time when the southern market," t wlth the Florida ; product- out ,■ of ." the -way,' is open to California' citrus fruits. t'.j&'i ■ By the action of the Transcontinental j Freight bureau ,-,' lines, -, it .Is \ said,' \ the i market for California" products,' not to : mention the ruination of the | citrus fruit market, has ■ had 'a deleterious ' bearing on the shipment _of California canned goods, , dried fruits, beans; and/ other staples Into states east . of . > the . Mississippi and south of the Ohio river. : Los Angeles , railroad . offlcials '■', have little hope for! an : understanding \be-"\ be-" twe'en the . principals . In . the struggle before the expiration of the citrus fruit season, and perhaps not then. •' . THE DAIS NEWS. FORECAST Southern California:; Clearing Tuesday; cooler; light' 'north winds. Maximum temperature In Los Angeles yesterday, 60 degrees; minimum, 51. I_Warns China. . . .;,. ._ */, 2 — Tried to wreck Umbrla. 3 — Blanche Bates welcomed home.' 4 — Griscom mak-!3 report on .Japan.! s—Charity5 — Charity work Is discussed. 6 — Editorial. 7 — City news. t . ../ . ,' B—Classified8 — Classified advertisements.'; 9-10 — Sports. • ; _ >'■ 11— Markets. 12 — Assault charge against Warren. .. EASTERN ■ '■ :.>/. ■(■/■ Secretary Hay receives Russian clreulaf I and second warning to China reeardlng neu trality. ■ ■ . Two bills Introduced In houso cmbodylne . administration's views on railroad rates leg islation. s-iHf- w*w+imm Judge McCarty of Utah testifies In Smoot Inquiry regarding political matters In state. ' Missouri senate committee Investigating charges agalnat Nledrlnghaus finds he did not contribute $?1,000 an credited to him. . FOREIGN Movement on foot In London to sell bank liik business to San Francisco concern. . areat strike ties up government works at St. Petersburg. German coal miners Inaugurate strike \ which threatens to equal American anthra cite trouble. CQA^ Mystery surrounds disappearance , of resl- • dont of Sacramento county and' his »»"• ■ ' Articles of impeachmant against , Judg» Torrance are filed In the assembly. Ban Francisco firm buys steamships and starts now Una to Portland. , -LOCAL I.os Angeles gets little more than half anY Inch of ruin. i Merchants and Manufacturers' association elects now directors. Motcrmttn on Brooklyn avenue car averts ; collision by presence of inl'.id. • -.-.- '•■:•■ . - , Horatio Warren, charged with »«a»ult, U arrested at Ban I'edro with his children.- ;<T Decision of Judge Dledaoe on the, appesl ■■■ in the $80,000 fee suit against 001. llrlttltli J. nrimth will be announced today. ..•--". -, Echoes of the MoVlcker will case will b* hoard In Los Angeles today, when I'ubllo Administrator McUarvln Mies petition for : letters of administration. ; ' . Action of southeastern lines practically ' bars coast fruit from southeast,. ■ Council accepts bids ■ for * 1. 000.000 t sewer, brick and wll| advertise for 1.000,000 more. , OltUensV commit!** send* plan for settling dust to council. Board of works will con-; -: Mayor MoAlecr appoint* Fred U Baker to fill vacancy on water board. • ■'■,"«• - State . mineralogist plans <to erect iuldt) po*t» en desert for safety at protpectors^. "