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HERALD COMPELS RAILROAD COMMISSIONERS TO ACT
PASADENA AROUSED OVER PROPOSITION TO ISSUE $200,000 BONDS FOR LIGHTING
SAYS COMMISSION EXCEEDS
MAGNATE'S ATTORNEY FILEB A
Railroad King Asserts Interstate Com.
meroe Body Violates Constitution
In Compelling Him to Ex
By Associated Praia.
NEW YORK, Nov. 12.— The reasons
giy«n by E. H. Harriman why he should
not answer certain questions put to him
during an investigation by the inter
state commerce commission are set forth
in a brief which has been filed by former
Judge R. S. Lovett, counsel for Mr. Har
The proceedings brought by the com
mission to compel Mr. Harriman to
answer the questions is to come up before
Judge Hough of the federal circuit court
tomorrow. The principal point in the
brief is that the acts concerning which
Mr. Harriman was questioned did not
relate to interstate commerce nor to a
violation of the interstate commerce act,
tit were designed to compel disclosure
by him of transactions for which "had
they taken place, neither the commis
sion nor the congress of the United
States could afford a constitutional rem
The brief also sets forth that Mr. Har
riman does not admit that the Interstate
commerce commission has any powers
other than those conferred by act of
congress February 8, 1887, and the amend
The questions to which Mr. Harriman
objected related to the purchase of stock
of other railroads in the Interests of the
Union Pacific and to the Union Pacific
In regard to the $28,000,000 of Illinois
Central purchased at $175 a share, the
questions which Mr. Harriman declined
to answer were as follows:
"Were tho 9000 Bhares sold by yourself,
Mr. Rogers and Mr. Stillman pooled?
Was It acquired for the purposo of sell
ing it to the Union Pacific?
"Was the stock purchased by you at
a much lower price than $175 with the
intention of turning it over to the Union
"Did you have any interest in 15,000
shares sold at the time by Kuhn, Loeb
& Co. to the Union Pacific?" t
Harriman Refuses to Answer
On the subject of the Union Pacific
dividend which was advanced from a
rate of 6 per cent to 10 per cent per
annum on August 15, 1906, with a con
sequent rise in the price of the stocks,
Mr. Harriman declined to answer the
"Were you directly or indirectly inter
ested in any stocks that were bought be
tween the 18th of July and the 17th ot
August that appreciated in value?
"Did you or any director buy any Union
and Southern Pacific stock in anticipa
tion of that dividend?"
In the brief the following reasons are
given why Mr. Harriman would not give
the information sought by the commis
"First— Said questions did not relate to
commerce with foreign nations, or among
the several states, or with the Indian
Territory, or to any transactions in such
commerce, nor, however answered, would
they tend to show any violation of the
provisions of the said act to regulate
commerce or any other law of the United
States, or any law which congress could
constitutionally enact and make operative
upon any corporation created by and de
riving its franchises and powers from a
state; but said questions did relate to
the business and affairs of those respon
dent, having no relation to such com
merce and were designed to compel a dis
closure by this respondent to a purely
administrative body of transactions, for
which, had they taken place, neither the
said commission nor the congress of the
United States could afford a constitu
Says It Is Unlawful
The second contention is that if the
act approved in 1887 be construed to give
the interstate commerce commission
power to inquire into the business of
Mr. Harriman, having no relation to
interstate commerce, such construction
is In violation of the constitution of the
United States and void.
The third contention is that to compel
response to the questions asked, save
in the court of competent Jurisdiction,
would deprive the respondent (Mr. Har
riman) of liberty without due process of
law, contrary to article 6 of the amend
ments to the constitution of the United
Tho fourth contention is that the ques
tions did not relate to the business of the
Union Pacific Railway company, the
Southern Pacific company, the Oregon
Short Line company or the Oregon Rail
way & Navigation company as common
carriers, nor to the interstate transporta
tion of goods or persons by such com
It is set forth in tho fifth paragraph
of the contentions why response should
not be given that the commission's ln
q. ! iy at which the questions wero asked
was not based on any complaint of any
thing done or omitted tj be done by the
companies named above, in contravention
of '.he interstate commerce law.
•Violation of Constitution
The sixth point raised by Judge Lovett
Is that if the Interstate commerce act
be construed as authorizing and em
powering the commission in the conduct
of an Inquiry or investigation without
any complaint having been made to It,
or any statement of charges contained in
any such complaint having been pre
sented to any such common carrier or
the respondent (Mr. Harriman), to put
t.i said questions to this respondent and
require him to answer the same, such
is in violation of the' provision of article
S of the amendments to the. constitution
of the United States, which provides that
no person shall be deprived of liberty or
property without duo process of law.
The Beventi mid last declaration is that
the order made by the interstate com-
(Continued on I'age Eight..)
Los Angeles Herald.
MRS. ROOSEVELT JOINS
ASSEMBLY OF MOTHERS
By Associated Press.
NEW YORK, Nov. 12.— 1t was an
nounced at a meeting of the New York
City Mothers club that Mrs. Theodore
Roosevelt had become a member of the
New York Assembly of Mothers. A
letter was read from Mrs. Roosevelt's
private secretary. Miss Hagner, which
in brief expressed the pleasure of the
president's wife In making the announce
The Roosevelt family Is well repre
sented In this organization of American
mothers, for»the president himself is on
the advisory board of the national con
Child Aclcdentally Shot
By Associated Press.
PRESCOTT, Ariz., Nov. 12. — Ralph
Buckley, the 4-year-old son of M. L.
Buckley, general manager of the
Sprcck & Hackberry Mining: company,
was fatally wounded at noon today by
the accidental discharge of a revolver
with which he was playing.
Summary of the News
For Los Angeles and vicinity:
Fair Wednesday; light west winds.
Maximum temperature yesterday,
7 degrees; minimum, 51 degrees.
Roirgh weather makes possible shifting
of battleships from Long Beach to San
Detectives are arraigned at mass meet-
Ing In support of alleged Mexican revolu
Frank Wiggins, returning from James
town, declares money stringency is result
of carefully planned political plot.
Liquor licenses are referred to chief of
police by police board, which postpones
City may ÜBed shelved voting machines
in flre bond election.
Lad whose wheel slips on wet pavement
thrown beneath wheels of heavy truck.
Prosecutor secures man's conviction,
then pays fine because of kindness of de
Nurse overtakes escaped patient on First
street, and after struggle overpowers him.
Body of suicide found in box car. All
clews to identity destroyed.
Police rout tramps from river bed in
war to drive hoboes from city's outskirts.
Blackmail and perjury charged against
Judge David Allen, prominent member
of bar, found dead by wife. Was a pio
Fine Arts league no longer exclusively
feminine. Four men admitted.
Testimonial dinner to be tendered Health
Officer Powers by colleagues.
Work of year of Associated Charities
reviewed at business meeting.
Civil service commission orders revision
of eligible lists.
Railroad commissioners are spurred to
action by The Herald's campaign to pun
ish railroads for violating laws; board
decides to proceed against guilty lines.
Governor Gillett announces he will call
a special session of the legislature to
assemble next week, unless the present
stringency in the financial situation is
relieved within the next few days.
Merchants National bank of Portland
closes its dcors after withstanding heavy
r"w for weeks.
Miners' convention, scheduled to meet
in San Francisco, postponed.
Several persons severely hurt when a
street car and train crash in San Fran
Two men are killed and another is
severely wounded In a gun fight in Ore
Governor proclaims last Thursday in
November day of Thanksgiving.
List of persons injured in wreck at
Seattle reaches forty-five.
Witness tells of Adams' confession, in
which he admitted killing Tyler.
"Diamondfleld" Jack Davis of Nevada
on trial for contempt of court; alleged
that he intimidated witness.
Senator Nixon denies that he and Wing
field have lost control of Consolidated
E. H. Harriman tells why he refused
to answer the interstate commerce com
mission's questions regarding the Alton
and Union Pacific deals.
Universal eight-hour day movement is
given impetus at the convention of the
American Federation of Labor in Norfolk.
Pardon once granted Caleb Powers is
read into the record of his trial for mur
der in Kentucky.
Former president of big Chicago bank,
John R. Walsh, is placed on trial for
juggling bank's funds.
Democrats are believed to have a good
chance to elect a senator in Ohio.
Cleveland woman, accused of murder
ing her husband. Is dismissed, justice
holding evidence is insufficient.
War department submits estimates of
money needed for fortifications and im
provements of rivers and harbors.
Americans prove superior to Japanese
In trade war.
Mrs. Roosevelt becomes a member of
the New York Mothers' association.
Missouri begins proceedings to oust
Pittsburg woman has evidence that may
change entire complexion of the Thaw
Fast train crashes Into freight near
Pittsburg; several persons hurt.
Report comes from Reservation in Utah
that soldiers have killed several Indians
Emperor William and his suite guests
at magnificent banquet given in his honor
by King Edward at Windsor castle.
Leaders of Catholic church In Rome
tako deep interest in controversy over
marriage of Gladys Vanderbilt and Aus
Noted astronomer in Florence, Italy,
says huge sun spots will cause earth
quakes, eruptions and floods this month.
KfYort is being made to Impeach testi
mony of witness in mysterious Druce
oasfl in England.
Horace McKlnley, wanted in Oregon in
connection with land fraud prosecutions,
escapes from prison In China.
WEDNESDAY MORNING, NOVEMBER - 13, 1907.
QUESTION ADVISABILITY OF
DECLARE EXECUTIVE HAS NOT
Much Criticism Is Indulged In by
Property Owners, Who Hint
at Possible Recall for
L. GEO. THOMPSON
Special to The Herald.
PASADENA, Nov. 12.— Mayor Earley
started to.day to carry out the program
that he has framed up for the voting of
bonds for lighting purposes and a call
was issued at this morning's council
meeting for a special session tomorrow at
which time the question of calling a vote
for a bond issue will come up.
When Councilman C. J. Crandall moved
that it be specified in the call that fire
bonds and storm drain bonds be dis
cussed at tomorrow's meeting there was
no second and a broad smile played upon
the mayor's face, but when the call was
read it was found that "other business"
was provided for and in answer to
Councilman Crandall's question City At
torney Wood replied that flre or storm
drain bonds could come under that head
If It was so desired. Then the smile
played over the face of the councilman
and the mayor looked glum.
Municipal lighting seems to have be
come a mayoralty fad, to the exclusion
of other things that in the minds of many
citizens are more important than light
ing, especially for commercial service.
Now that the west, north and central
parts of Pasadena are fairly well pro
vided for with fire apparatus the east
side seems doomed to further delay and
will have to worry along with only a
chemical engine to protect It.
$50,000 Would Be Sufficient
It may seem a trifle significant to some
that all of the councllmen except two
reside on or west of Marengo avenue
and the two who live east of that lino
are not far from one or the other of the
present flre stations. The mayor pro-
Doses to have the city vote $200,000 for
municipal lighting purposes and has en
gineered the deal up to the point of hav
ing the council call for an election, and
yet it is almost a foregone conclusion
that the people will turn down the great
er part of the proposition.
It Is conceded that more money Is
needed to properly complete tho lighting
plant for commercial purposes and for
the extension of the street lighting, but
according to Superintendent C. C. Glass
$50,000 would be amply sufficient for the
purpose. "Eventually the plant will cost
as much as either Professor Corey or Ex
pert Scattergood estimate," said Mr.
Glass in an interview, "but the amount
over what we need for the present could,
easily be paid from the revenue of the
plant without burdening the city with
bonded Indebtedness for the purpose."
In Professor Corey's report is evidence
of an attempt to conceal one of the es
sential features which doubtless the
mayor would be willing to allow to re
Mr. Corey estimates that the street
lighting will take 750,000 kilowatt hours
per year which can be furnished with a
250 kilowatt machine. There Is now in
stalled a 200 kilowatt machine and the
street lighting for last month . equired
187 kilowatt capacity. On the basis of
the figures for street lighting the com
mercial lighting, which would require
850,00 kilowatt hours per year, could
be done with a 300 kilowatt machine and
have a fair margin besides.
Are Installing Machines
To supply 850,000 kilowatt hours It
would require a 300 kilowatt machine if
the energy was all generated In a
space of eight hours and the machine
would carry an overload of fifty per cent
for some time, which would make 450
kilowatts. This would be sufficient to
take care of what is termed the peak
load when the greatest amount of ener
gy was being used at one time, and such
a machine is now being installed. Yet
Expert Scattergood recommends an ad
ditional machine of 750 kilowatts, and
Professor Corey practically confirms the
report of Scattergood. Scattergood also
says that only twenty-two per cent of
the efficiency of the plant would be re
quired. In the meantime the plant would
have to carry the fixed charges such as
interest and redemption of the bonds on
the unnecessary investment and thereby
make the cost of the energy actually pro
duced much higher than if the plant was
increased only as the demand required.
If the big machine was installed as a
single unit and it broke down, which
Is entirely within the bounds of probabil
ity, the city would be left in darkness un
til It could be repaired, while If, the plant
was composed of several units, those in
good order could carry the load of any
one that was put out of commission.
When the Herald representative
asked Mayor Earley what data he had
that would indicate what amount of ener
gy the city could sell to private parties,
he admitted that he had none, but he
said "several men have told me that they
would use the municipal electricity."
Yet the mayor cannot tell at what rate
the city can sell power, as that cannot be
determined until It is known how much
they can sell, and more than that he
does not know a thing as to what the
Edison company can or will do in compe
tition with the city's plant, n
May Meet Hot Competition
"I am going to look after this business
just as I would if it were my own," said
Mayor Earley, but when the newspaper
man asked him if he would think of en
gaging in a business until he knew what
the market demand was and what he
could sell for and if he could compete
wlta the other man In the same business
he pleaded a pressure of business too
great to allow of further questioning by
the reporter. The reporter had been con
ceded ten minutes of a. busy morning
but under a fire of persistent and perti
nent questions he was dismissed in five
(Continued on Face Two.)
THIEF RANSACKS ROOMS AT
Approach of One of Teachers Fright
ens Intruder Away, but Not Until
He Had Secured Considerable
Money and Valuables
The Marlborough school at 036 West
Adams street, a fashionable boarding
school for girls and young women, was
entered by burglars last night and three
rooms were robbed while the girls were
An entrance was effected by the burg
lar through a rear window on the second
floor, which he gained by the use of a
Indder which painters had been using
during the day.
From a long hallway, which opened on
the window, the man had access to a
large number of dormitories and apart
ments of the students. As there was no
one on watch in that part of the house
at that particular hour the fellow had
time to work the entire wing of, the
building, except for the accidental re
turn to that part of the house by Miss
Wlngate, one of the teachers, whose ap
proach evidently frightened h,im away.
The room of Miss Jean Lindsay had
been entered, however, and $12 stolen.
Miss Bessie Whitcomb. adjoining, lost a
gold watch and a necklace chain of gold
links. Miss Harriet Stryker was robbed
of $5 in cash and a few articles of
The man was frightened away before
he was able to accomplish the robbery
of any of the other rooms.
The robberies were reported to the po
lice, bjt no clues were obtained.
SIX INDIANS KILLED BY
SOLDIERS IS REPORT
By Associated Press.
DURANGO, Colo.. Nov. 12.— A report
reached here tonight that a battle oc
curred at McElmo canyon between Ute
Indians and United States troops, in
which six Indians were killed. No sol
diers were killed or wounded. McElmo
canyon Is in Montezuma county and close
to the Navajo reservation. i
The Utes have been rtsisting the at
tempts of the soldiers to compel them
to return to their reservation. The re
port of the battle canno. be verified, at
this time, but it is believed here to be
VATICAN INTERESTED IN
By Associated Press.
ROME, Nov. 12.— The Vatican authorities
are following with interest the attitude
taken by Archbishop Farley of New
York regarding the proposed marriage
oi Miss Gladys Vanderbilt and Count
The holy see approved the action of
Archbishop Farley tending to emphasize
the authority of the church and restore
the rigidity of her. rules. Archbishop
.Farley takes the stand that the first
marriage ceremony mutt be that of the
LA A A.tufisfii .y, a A A A A A A
HUGE SUN SPOTS MAY
WREAK HAVOC ON EARTH
Director of Observatory at Florence
Says Volcanic Eruptions, Floods
and Earthquakes May Be
By Associated Press.
ROME. Nov. 12.— SIgnor Alfanian, direc
tor of the Florence observatory, states
that the sun spots, which he calculated
are twelve times the size of the earth and
which will reach the solar meridian about
the middle of November are likely to lead
to violent magnetic disturbances result
ing In storms, floods, volcanic eruptions
The warning has attracted attention
from the facts that former predictions by
Slgnor Alfanian have been realized.
WALSH ON TRIAL
FORMER BANKER OF CHICAGO
Prosecution Alleges That He Took
Money and Left Securities Which
Were of Little or No
By Associated Press.
CHICAGO, Nov. 12. — The trial of
John Walsh, former president of the
Chicago National bank, on the charge
of misapplication of funds of that in
stitution, commenced today In the
United States district court before
Judge A. B. Anderson.
The Indictment Under which the trial
was brought contains 160 counts. The
offense charged is punishable with a
term of from five to ten years In
prison. It is believed that the trial
will last a month.
The chief issuejin the case is whether
or not Walsh used the funds of the
bank to aid his own enterprises. It U
also charged that Walsh borrowed
from his own bank more than the legal
amount of 10 per cent of the capital
stock. This trial, however, will not
touch upon this latter question.
The defense will be somewhat of a
technical character. The government
claims that Walsh substituted for the
money that he took from the bank se
curities that were of a doubtful char
acter. The defense will claim that
these securities were good and that no
one ever lost a dollar because of^hem.
The greater part of the day was con
sumed In the selection of the jury.
Twelve jurors were tentatively accepted
by attorneys for the government when
court adjourned. Eleven of them were
tendered to the defense. The twelfth man
will doubtless be accepted and it is
thought the entire panel will be agreed
A point was gained by the prosecution
when Judge Anderson overruled a motion
by Walsh's attorneys for an order di
recting the government to furnish a
detailed report of books needed in the
trial in lieu of compliance with a sub
poena directing T. J. Jackson, cashier
of the defunct bank, to produce in court
390 hooks of the bank to be used as doc
umentary evidence against the defendant.
CJTIMPT X" ' IP fT^O • DA "'V. 2<>» SUNDAY. 'So
?3AII JL/JCJ . • V^Ul 1I!w . ON TRAINS. 5 CENTS
VICE PRESIDENT HAS NARROW
ESCAPE FROM DEATH
Distinguished Party Returning from
McComas Funeral Figures in Acci
dent — Fireman Only Person
By Associated Press.
WASHINGTON, Nov. 12.— Vice Presi
dent Fairbanks and a distinguished
party of court officials of this city
were in a wreck on the Baltimore &
Ohio tonight at Weaverton, Md., in
which Fireman Clarkson was severely
injured and the passengers were badly
shaken. The vice president, as well
as those who accompanied him, escaped
injury. He was in the private car of
President Murray of the Baltimore &
The party was on a special train re
turning to Washington from Haters
town, Md., where they had been to at
tend the funeral of the late Judge
Louis E. McComas of the court of ap
peals of the District of Columbia. On
leaving 1 Weaverton the switchman left
the special on a blind switch, resulting
in the engine being ditched.
The sudden stop and the roar of es
caping steam from broken pipes under
the private car threw the occupants
Into a panic, but quiet was soon re
stored, and it was found that beyond a
severe shaking no one was injured*.
STREET CAR AND TRAIN
CRASH; EIGHT INJURED
Accident in San Francisco May Cost
Life of Conductor — All Passen
gers on Electric Hurled
By Associated Press.
SAN FRANCISCO, Nov. 12.— Eight per
sons were injured, one probably fatally,
In a street car accident at Twenty-fifth
and Kentucky streets this afternoon.
The Southern Pacific line crosses the
track of the United Railroads at this
point and a collision occurred between
an electric car and a railroad train. All
of the passengers on the street car were
thrown to the ground and hurt.
Frank Santos, the conductor, suffered
a fracture of the skull and other In
juries. He was taken to the central
emergency hospital and is not expected
to recover. Tile others injured were
cared for at Potrero police station. They
are: Antone Pacheco, tnotorman; Captain
Martin, Cleave Frochlioh, William Jack
son, Mrs. Fernando Rodriguez and two
Election Set for December 10
By Associated Press.
FRESNO, Nov. 12.— The commission ap
pointed by Governor G-illett to- conduct an
election to determine whether a part of
Fresno county shall be annexed to Kings
county has called the election for De
ENFORCE LA W
REBATING AND DISCRIMINATIONS
WILL BE PUNISHED
Persistent Campaign of Lob Angeles
Newspaper Results in Decision to
Prosecute Southern Pacific,
Santa Fe and Others
Special to The Herald.
SAN FRANCISCO, Nov. 12.— Spurred to
action by the persistent and powerful
campaign waged by The Los Angeles
Herald, the state railroad commission
today declared in plain terms Its inten
tion to prosecute the Southern Pacific,
the Santa Fe and other common carriers
which have been proved by the inter
state commerce commission to having
given rebates, and otherwise discriminat
ing between shippers within the state of
This declaration of an active policy
was expressed in a resolution introduced
by Commissioner Irwin and passed unan
imously by the railroad commission.
The resolution calls on the secretary of
the board obtain from the interstate
commerce commission all data pertaining
to rebates and discriminations given or
made in the state.
Seek Webb's Advice
The railroad commissioners asserted
the board would take the transcript of
testimony before the Interstate com
merce commission as sufficient evidence
to warrant ordering the prosecution of
the offending railroads In the courts,
stating, however, that he board must be
guided before taking final action by the
oludal advice of Attorney General Webb.
In discussing the subject with the
Herald's correspondent. Commissioner
Irwln said his resolution is the result of
a "still hunt" on his part continuing over
a period of six weeks. He considers this
method the quickest and best way of de
termining the guilt of the accused car
riers and also as an effective means of
silencing the criticism leveled at the
board for its inactivity.
"If we were to begin an investigation
on our own account," said Commissioner
Irwin, "as We have been advised to do
by many of the newspapers in the state,
we would immediately find ourselves en
tangled in a mesh, and the punishment of
the railroads would be delayed for such a
long time that the salutary effect would
Result of Herald's Campaign
This determination of the reluctant
railroad commissioners to punish the
railroads for their flagrant violations of
the law Is a decisive victory for Tho
Herald, and is the direct result of Its
When the commissioners were inter
viewed a few days ago on the subject of
prosecuting: the railroads they said they
had not thought of the necessity of pros
ecution, and at that time they would not,
or 'could not, give a definite reply as to
whether they would take decisive steps.
They would not admit that any law
had been violated. It appears that the
Herald's sharp spurs have stirred their
faculties and driven them to action. To
had been violated. It appears that The
laws had been violated and they were
free in expressing their decision to take
some measures to right the glaring
LOUISIANA BEGINS WORK OF
By Associated Press.
BATON ROUGE, La., Nov. 12.—Cor
poration reform began it 3 progress
through the extra session of the gen
era 1 , assembly today when the proposed
new laws wero favorably reported to
to state senate. Expulsion from tho
state of foreign corporations which
carry state cases to the federal courts
and increased powers for the suito
railroad commission were the measures
MISSOURI MAY OUST
BIG HARVESTER TRUST
Attorney General Institutes Proceed.
ings Against Combine, Alleging
That Laws Have Been
By Associated Press.
JEFFERSON CITY, Mo., Nov. 12.— The
attorney general today instituted quo war
ranto proceedings in the supreme court
for the ouster of the International Har
vester company of America for alleged
violation of the anti-trust law of Missouri.
The company is a Milwaukee corpora
Steamship Run* Down Cutter
SEATTLE, Nov. 12.— The steamship In
dianapolis, on the Seattle-Tacoma line,
ran down a cutter from the United States
survey boat Explorer today in a heavy
fog. Two men, Joseph Van Leuvett, en
gineer of the launch, and George Stewart
of the survey boat, were drowned.