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PRICE: PS^cJS 40 CENTS VOL. XXXV. NUMBER -13 HERALD COMPELS RAILROAD COMMISSIONERS TO ACT PASADENA AROUSED OVER PROPOSITION TO ISSUE $200,000 BONDS FOR LIGHTING HARRIMAN HITS BACK AT BOARD SAYS COMMISSION EXCEEDS ITS POWERS MAGNATE'S ATTORNEY FILEB A LENGTHY BRIEF Railroad King Asserts Interstate Com. meroe Body Violates Constitution In Compelling Him to Ex pose Deals 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 riman. 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 edy." 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 ments thereto. 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 dividend. 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 Pacific? "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 following: "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 sion: "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 tional remedy." 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 States. 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 panies. 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 ment. 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 gress. 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 FORECAST For Los Angeles and vicinity: Fair Wednesday; light west winds. Maximum temperature yesterday, 7 degrees; minimum, 51 degrees. LOCAL. Roirgh weather makes possible shifting of battleships from Long Beach to San Pedro. Detectives are arraigned at mass meet- Ing In support of alleged Mexican revolu tionists. 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 meeting. 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 cade ago. 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 special officer. Judge David Allen, prominent member of bar, found dead by wife. Was a pio neer resident. 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. COAST 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 cisco. Two men are killed and another is severely wounded In a gun fight in Ore gon. 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 Mining company. EASTERN 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 harvester trust. Pittsburg woman has evidence that may change entire complexion of the Thaw trial. Fast train crashes Into freight near Pittsburg; several persons hurt. Report comes from Reservation in Utah that soldiers have killed several Indians in battle. FOREIGN 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 trian count 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. CITIZENS IN DOUBT ABOUT ELECTRICITY QUESTION ADVISABILITY OF OVERBONDING DECLARE EXECUTIVE HAS NOT INVESTIGATED Much Criticism Is Indulged In by Property Owners, Who Hint at Possible Recall for Earley 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 main unnoticed. 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.) BURGLAR ROBS GIRLS' SCHOOL THIEF RANSACKS ROOMS AT MARLBOROUGH 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 at dinner. 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 Jewelry. 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 true. VATICAN INTERESTED IN VANDERBILT WEDDING 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 Lalsce Schechenyl. 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 Catholic church. MAYOR EARLEY 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 Expected 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 and earthquakes. The warning has attracted attention from the facts that former predictions by Slgnor Alfanian have been realized. WALSH ON TRIAL FOR JUGGLINGFUNDS FORMER BANKER OF CHICAGO FACES JURY Prosecution Alleges That He Took Money and Left Securities Which Were of Little or No Value 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 on tomorrow. 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 FAIRBANKS IN TRAIN WRECK VICE PRESIDENT HAS NARROW ESCAPE FROM DEATH Distinguished Party Returning from McComas Funeral Figures in Acci dent — Fireman Only Person Severely Injured 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 & Ohio. 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 to Ground 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 others. 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 cember 10 CENTS BOARD IS SPURRED TO ENFORCE LA W FLAGRANTVIOLATIONS CANNOT BE IGNORED 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 California. 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 be tost." 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 fearless campaign. 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 wrongs. LOUISIANA BEGINS WORK OF CONTROLLING CORPORATIONS 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 reported. MISSOURI MAY OUST BIG HARVESTER TRUST Attorney General Institutes Proceed. ings Against Combine, Alleging That Laws Have Been Violated 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 tion. 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.