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i •■ PAGES 10 TWO PARTS PRICE:4O CENTS \ f__°HS§s& <01.. .XXXV*. MMllElt SSI COUNCIL UNANIMOUSLY ADOPTS COMMITTEE'S PLANS FOR HARBOR JUDGE RESORTS TO THREAT AND DEFENDS HENEY UNPARALLELED CLASH MARKS . TRIAL OF CALHOUN * PROSECUTOR DENOUNCED IN VI. TUPERATIVE TERMS Court Allows for Temperamental In. frlngements of Graft Nemesis Be. cause He Was Shot,, to Which .- Defense Objects * [By Associated Press.] . SAN FRANCISCO, June B.— quar rel of unparalleled bitterness In volving Judge William P. Law lor and virtually all of the attorneys engaged in the trial of Patrick Cal houn, president of the United Rail roads, enlivened a day otherwise de voted to presentation of routine testi mony. ' .- __ Assistant District Attorney Francis J. Heney started the dispute by charging that Earl Rogers, an attor ney for the defense, had been smiling at members of the Jury. There was an angry response from John J. Barrett of the defense, who declared that the prosecutor had un necessarily prolonged the trial by the introduction of trivial matters. * At this point Judge- Lawlor Inter vened, threatening to send Barrett to Jail for Intimating that the court had admitted trivial matter. :- '; '* The court said that allowance had been made for Heney's temperamental Infringements, because of the fact that he was shot down in the court room a few weeks - before the Calhoun trial opened. Defense Objects A. A. Moore and L. F. Byington, at torneys for tho defense, designated the remarks of Judge Lawlor as serious errors to which exception was taken. • A dozen witnesses were called to tho stand during the day by the prosecu tion, which' refused to make any state ment relative to the probable ending of the state's case. James L, Gallagher, chief of tho hoard of supervisors during the ad ministration of Eugene E. Schmltz, told of Incidents connected with the dynamiting of his home in Oakland during the month of March, 1908, and denied that he had had ■ any hand. In bringing about the • explosion. . He i said he had been followed by agents of . the defense both before and after the dynamiting. ( .-■■ -■•- When adjournment was reached ' Adam Dahler, acting treasurer of the United Railroads company, was. tell ing of payments made to - various agents of the defense who have been summoned as witnesses. A dozen vouchers, purporting to be for "general services and expenses," showed that more than $20,000 had been paid to Luther G. Brown, an attor ney and detective, during a period of less than two years. . How It Started ' In the course of the dispute Heney said to Barrett: "These are the ebullitions of a man who was appointed to office by the crookedest mayor the city ever had, Eugene E. Schmltz." ■ "Why, you've been mixed up in more crooked work than any man in this court room," said Barrett. i There was a demand from the de fense that Heney be censured by Judge Lawlor. The latter finally Informed the protesting attorneys that he had made allowance for some of the prosecutor's ' shortcomings because he had seen him stricken down In the performance of his duty, and realized the difficulties he labored under. - . , Judge Lawlor's remarks were charac terized by Attorneys A. A. Moore and L. F. Byington' of the defense as a "serious error." I The worst trouble • started when Heney, who had been questioning W. H. ' Russell, one of the Burns agents, suddenly dropped his Inquiry and, turn ing to Rogers, asked: , "Is this a theater?','- s, f,.-.'. v; 4 "Yes," replied Rogers, "and the play Is a farce." Wants Him Reprimanded .'. "Then I move that the farce be ended and that the chief actor be reprimanded for the part he has played," said Heney. "What is all this about?" asked Judge ' Lawlor, who had not been observing the proceedings. "To what behavior do you object?" "I object to the conduct of Earl Rog ers," replied Heney. - , "It was brought to my attention' by some of the jurors who were smiling in his direction, and I observed that he was smiling/ and grimacing while this witness was testifying, and he ap peared to be trying ■to discredit and cast odium on the statements he had •made. I thought this was a case suf ficiently serious to be conducted in a serious manner." - Juror J. ('. Gillespie arose from his seat in the front row and said: "I smiled because of a statement by the witness which - appeared to be a slip of the tongue." "And I noticed the statement that at tracted the Juror's attention," said Rog i ers, addressing the court. . Apologizes "I apologize if my levity has been un seemly." '- . . V * The subject was about to be dismissed when John J. Barrett' of the defense reopened the issue by saying: . ■; "I do not think we should be lectured by the district attorney Into a state of seriousness regarding this case. : The prosecution has spent weeks in a pre sentation of matter that Is ridiculous, trivial and ludicrous, attempting by the length of time deypted to their presen tation to make the Jury think them worthy of consideration " "Mr. Barrett, the court will not per mit—"began Judge Lawlor, but Bar rett, Ignoring the 'Interruption, con cluded his remarks, declaring that the time of the court, the Jury and the at torneys had been wasted. "The court reprimands you.'Mr. Bar rett," said Judge Lawlor.'. "You have characterized as trivial and ridiculous matter that this court has seen fit to admit as evidence. ' ,-.-•. , • ' "This Is not the first time you have taken upon yourself to criticise my at . ._. ' _._' _»■ v ? : -j .-.':: (Continued en race five; ' I LOS ANGELES HERALD View of Harbor Destined to Become One of World's Great Ports * ' ■ zm t %V&%S_-iw4_a^_t_^___idlM_^B iff^'^BtiraWßmi'.afflMr'i'l.*wTif^^ttSßnlr"''*'-^ 1 *' * ; v__r; _3sCl___________!£--_>v-->- _ * <_____.*' • ::£.*■"' Zx''Z''%__i_M BEprW*-'.^ <»..;■■ _*„... ;' ' <: w___u__v.i_i_i_^.fe , ;-__£_h W______tßi_iiiiirr L i T iTinP l_SE_______^_______»PPr^^'Y^K! ___r^^m B__Hnn ___H_^__^H__l______i _W-ift-i*,. j_-_v__C_f_^-_t _ ',rT_- r_gM_J*jH& ■ -Jp_-f3ry^_H_LJ-J-l_----_--^-'-tO_P-y.*_>*sra^ >*£*. JTrW. '%_.'■ '■!-'-1 _ # ■- -.*■*■*.■. ipY*'- ■. .w^ 1 %>&y.*wj ■ - .TtrtVy _l^TH^^rnHnr-r.^T^__B-i_rfTi. ' * '^'JEP-?____i___k_-SKttV_nc*__-^^_-9*4_ra__Kt-_^">' * -.- -~. _J__ 1# __K_H_.fV?sift3 ! : __*._._*,■*. -..:■■ j-t-. ■-. *■ .i *^n-..'-. r. *v _.'.'.■.■■. uk-.'./v.:' y.-^^\Jpi6'if&^Airnv^/i¥^ _^K^S_^vsji&-i!£^cKlc^ioSr_™£ESßH _T*' I*** - ■^"***'*^wT-fWB-_?l___TT--n--_M_yTffjT»W J?-*:--*■■'. -|^^y. ■*■■■- -.*>■'■' _.'._-/_•-...^'.\ .'.•:.*/. IE. . -ffi - !■!■: aftXS___r_Hn_T'' ■ __■■_-. Tff^Ty^¥^T^?ffl-WWvBH|B||MMWv'T^iS—M ---ta-sWryjJfjt . *.* >. r, l'T __a j v J ftw >"**™"*WW7_H_fi_HS_H_B__s__E« ____l______ii_________^_ni__ii_-__________ __£__*_.. .* y. BWPpHH __^__W "' ' *B 11 ___i__r ■ ____■ w'J'ifjm^^^B^ ■ HOMER HAMLIN J>l 111 II — M . .' . " ——■■■ — ■ ■■> Bpf>#> - •«'^ ___Rn_Bw--^^__P_r____ *■ ' s_™___J §x_y&3_W * "* *^* $$S&^\ \\W^;. :.i. ■ i , LESLIE HEWITT ■ ■ Seven of the members of the committee of fiifteen who formulated remarkable scheme for great Im provement work. THE NEWS SUMMARY FORECAST ,>'','; For Los Angeles and vicinity:' Fair, warmer Wednesday; light west wind. Maximum - temperature yesterday, 66 degrees; minimum, 57 degrees. ',.'.'■ ' _oca*_ :,"• ;■" -. _ City council unanimously'adopts consoli dation committee's report . for ■-, 110.000,000 plans for harbor Improvement. Nino vice presidents appointed by presi dent of League of Justice. f . Bad check gets broker Into Jail. News sought at land office regarding land drawing. V'- Huntington lines to test concrete tie. . Leper found.ln city by health officer. Council : abrogates order to purchase $26,000 site for Are station. City chemist may lose his position. . Jury ln Allen case disagrees. Wife of former aolon gets divorce. ;' . ' ; COAST \ ';.'Y' Bodies of three of four women drowned at Woodland recovered from Sacramento river. Rose carnival opens at . Portland with large attendance. . ' Judge resorts to threats and lawyers have vituperative clash In Calhoun's trial at San Franclsoo. .. V ... __ John Spreckels pays tribute to his brother Rudolph nt San Francisco. — ' '■'■'-'■ Steamship passengers arrive at San Fran- Vlaco seriously 111 from ! effects of-ammonia flood In cabins of steamship. ' ..-: I '..--, Former secretary Native Sons of the Golden West taken to San Quentln prison for embezzlement.. EASTERN 'j ,-/!_^_^|J'_| ■Former .Mayor Dunne files affidavits ask ing that divorce he granted to Guggen heim* In Chicago he annulled on claim that fraud was committed. . Wheat spring averages shown to be bet ter than In Hi" 1!. *• .'*"■■' , ' '■ H*ln»'l relations with bank In New York again under probe. . Floods in Colorado and Wyoming do great damage, • ant* cloudburst lnnundatea city In South Dakota. '■', . . University City. balloon of St. Louis be lieved to have won race. Tariff wrangles In senate grow humorous when wool schedule Is debated. Man near Pittsburg murdered on way home from picnic; woman companion held aa accessory. ■ '' FOREIGN , '• ■V.Y< Imperial press conference convenes at London and discusses > naval program. ■ Prominent Mexican plana to build airship In Paris. WEDNESDAY MORNING, JUNE 9, 1909. «__P ._H_B F7**f"*4g -"^ ...'"■*-*' "■ y* * *^IB HB : Y___3 HP AWL ____________ ____■ ______b_ • *_, _____ t_9__A_____)__V________ ________L* M________B_____H ■■■ —»^^^^^^^ J. M. SCHNEIDER ■■ ■ ■■■■' 1j! ■ jw'i ■■ i■■ *; if:_'^ ,l._-»-"' _','.|;;. j'. -. Z' J"*ST "" i'Z" Wf'\ __W\ __tfe_: _ llfl __________&s<■ ■ ■ JBHbh M. P. SNYDER S. P. TO RETIRE CHOICEST STOCK DIRECTORS DECIDE ON IM PORTANT ACTION Move Was Long Expected, by Wall Street " Men—Company Makes- Statement Announcing the • Date of Dividend - '.-■.' .< i ... (By Associated Press.) y' ' . _/. NEW YORK, June B.—The retirement of the company's preferred stock, was decided upon by directors of the South ern Pacific company today, effective July IB.V • ,'". * Holders of the stock will have, the option of accepting $115 "per share ln cash or $20 In cash and-SIOO per share in 4*. per cent bonds, or to exchange the preferred \ stock for the common stock, share for share." The amount of the outstanding pre ferred stock is $74,866,463, and its divi dend rate is 7 per cent, non-cumulative. Under terms of Its issue It Is redeem able by the company at 115 up to July 1. 1910. Dividend on the common stock is at the rate of 6 per cent per annum. The decision had been . expected for some time in Wall street and was re flected In the recent activity In both preferred and common shares. . The pre ferred closed today, at 13514 ' and the common at 133"_. The company in Its official statement says: , - "V V , "A semi-annual dividend of $3.50 per share upon the preferred, heretofore de clared, will,be payable July 15 to Hold ers of such preferred stock of record as such on June 30, and a quarterly divi dend on common stock of $1.50 • per share will be payable on ; July 1. to holders of dividend warrants appertain ing to the common stock. : "Hence, - to guard against the loss of the difference In dividends by those de siring to convert * their stock * prior jto July 1 (when both classes will be ex dlviJend) directors have provided that hold rs at preferrod stock converting the same now au. - leaving'an order will, on July IS, be paid the difference In dividends amounting to $. per share." B ___P ifi_K_ __SB_P"*'","_k i'^': K^l_________. * ------Ht-'-'^f-B K?___jr- $'- !_________. '^T>ZZ:-i:..::.:^ r /ZiZ;ii. F. W. BRAUN ft 11*3 SP^ 1 " _/% ■Mi? ' / Tt. _________HK- _____ *' _________! & 'fe&#": tB ■' ;-: :' V O. E. FARISH FAMOUS SUGAR CASE ADJUSTED $30,000,000 SUIT SETTLED OUT OF COURT Pennsylvania Firm Which Alleged the Trust Drove It Out of Business Accepts Settlement In ;-Y\'' fSSffv New York ' '■- '■■'*,;■. (By Associated Press.) | NEW YORK, June B.—The $30,000,000 suit of the Pennsylvania Sugar Refin ing company against the American Sugar ' Refining company, the socalled trust, was settled out of court tonight. j Terms of. the settlemnt were not made public. ' -" '.'■ " y•■ - '_ _ The plaintiff charged. In effect, that It had. been driven out of business. Witnesses testified that Adolph' Segel of Philadelphia, controlling power of the Pennsylvania Sugar Refining com pany, borrowed from Gustav A. Kis sel a million and a quarter dollars, for which he gave as security 26,000 shares of the. Pennsylvania : Sugar Refining company,. together with a voting trust certificate for the.same, which was to run until the repayment of the loan. :. i With the power thus conferred Kis sel, it was alleged. installed , himself and three of his clerks as directors of the independent sugar company and, having control of the directors, he ob tained the adoption of a resolution pro viding that the then almost Completed refinery, which Is said to be one of the most economical ever built, should not be opened or operated until further or ders, v "■'■■■'. -That resolution, the plaintiff : con tended, was . drafted by John E. Par sons, acting as counsel for. the sugar trust, for whom it showed Gustav A. Kissel, the leader, also as agent. Kissel, Parsons and three clerks of the former; Twigg, Robinson and Wer ner, were made codefendants with the American Sugar Refining company" on the conspiracy charge, but on > motion of a lawyer appearing especially in be half of the three clerks, the complaint against them was dismissed today. I ,' , "^^s^l lfl_l__t__-_ ~~ - ■'M. P. FLEMING MAIN DETAILS OF HARBOR REPORT FEATURES of-the consolidation plan as presented to the city council yesterday. afternoon through the report of the Los . ,** i Angeles consolidation committee and with the*unqualified approval of the San Pedro and Wilmington consolidation commit tees, the Los Angeles chamber of commerce, Los Angeles harbor commission, Municipal league, Associated Jobbers and the Mer chants and Manufacturers association iuZpA Provision for "one of the best harbors in the world" through jurisdiction over San Pedro and Wilmington harbors by one muni cipal corporation* and with municipally constructed and operated public docks, wharves, piers and warehouses and the transporta tion to and from them. Expenditure by this greater municipality of at least $10,000,000 within the next ten years to improve th. inner and outer harbors, $3,000,000 of this at once and $2,000,000 to be provided within two years. It is proposed to use $2,000,000 on the outer harbor and $1,000,000 on the inner harbor above the turning basin. Provision in the outer harbor scheme for adequate handling of deep sea shipping and the international commerce that will come in vessels of large draught following the completion of the Panama canal. '',•- . ' Granting of terminal 1 rates to San Pedro and Wilmington. Operation of municipally owned and controlled , ferries be tween Terminal island and Wilmington and San Pedro, with a fare not in excess of two cents. Operation of a municipally owned and controlled public fish market and fishermen's wharf on the water front of San Pedro.* Establishment through consolidation of educational and li brary facilities, fire and police protection, street care and lighting and other municipal advantages equal in San Pedro and Wilming ton to those enjoyed in other sections of the consolidated city. * Continuation . without delay of the municipal • improvements already initiated in the inner harbor by Wilmington, with 'addi tional work thereon in dredging channels and constructing ad ditional docks and wharves. ;. yJ ' ". "* - , Adequate extension of the county good roads system of mac adam highways to give proper access to the water front. Continuation of efforts by all interests to secure the further co-operation of the federal government toward the fullest develop ment of the inner and outer harbors, including the deepening of channels, the closing of the breakwater gap and the appropriation of additional funds commensurate with the development of a har bor of 5 the magnitude planned through consolidation y■',:'.■ ' ■ The report presented was signed by the fifteen member** of the consolidation/committee.' as follows Stoddard Jess, William jD. Stephens, Homer Hamlin, Joseph Scott, Frank Simpson, M. P. Snyder, A. P. Fleming, Frank. J. Hart, M. H. Newmark, F. W. Braun, Leslie R. Hewitt, J. M. Schneider, James A. 'Anderson, O. E. Farish, H. Jevne. .■: '•''. ■.'.'. .'v ''^v.' -•''-'',-'*_ _!t Committees and civic bodies approving the report, "whose ap provals were submitted to the ; council as part of it,'were: Consolidation committee of the city of San Pedro, signed by Dr. W.'A./Weldon, H. W. Armour, John T. Gaffey, Louis Entree, M. L. Campbell, Oscar Jacobsen,/E..D." Seward, W.E.'Bonsall,. John A. Anderson, Richard Jfciinri, A.P.' Fed, John M. Keagy, Joseph H. Call, William D. Birchfield, Benjamin F. Cross, James ■H. Dodson, Robert Ralston, Frank Treichel, Lewis Hansen, James Swinford, O. C. Abbott. _ * •' -./..' > Consolidation committee of the city of Wilmington, signed by Erhard Opp, D. R. Woods, John Schneider, P. J. Picherie, P. J. Watson, Henry S.. Schneider, N. F. Stone, H. E. Gannaway, D. C. Fohl, W.S. Moore, Charles Menveg, F. F. Breen, C. S. Cary. Harbor commission of the city of Los Angeles, signed by T.E. Gibbon, acting president; J. E. Can*, A. P. Fleming, secretary. . jlos Angeles chamber of commerce, by Willis H. Booth, presi dent H.B.Gurley, assistant secretary. * Los Angeles Merchants ! and Manufacturers asasociation, by J. M. Schneider, president; Perry W. Weidner,' acting secretary. Municipal/league,' by J. O. Koepfli,. president; Edwin O. Edgertbri, secretary. '.-..''-- * . Associated ; Jobbers of Los Angeles, by M. H. Newmark, presi dent; C. D. Willard, secretary. '■' - ■ .*■ " SINGLE COPIES: MII.T, zo; SI'NDAT, S» SINCi-Ll- i-/UllJ_J»: ON TRAIN.. S CENTS Bfl ______o _K_M__B-_BHW^Sgpft*J>jC .*■-' 1 M. H. NEWMARK OcENTS ] PLAN NEW GATEWAY FOR CITIES Shipping of World May Find Entry • PROMISE TERMINAL RATES FOR BEACH TOWNS —- Enterprise Will Include Improvement of Both Outer and Inner Harbors, with Scheme for Municipal Improvements .... - ■ ... THE city council unanimously ac cepted the report of the Los .'An geles consolidation ; committee, submitted ' yesterday afternoon, anti went on record with a . declaration | tr» do anything In Its . power to promot consolidation and a free and adequate ly equipped and maintained harbor, in cluding the Issuance of necessary bond, as a policy of the united city. Within, an hour after the council finished it deliberations J. P. Steele, r who * has charge of the canvass for signatures to the petitions, had nearly thirty men at work, each with two petitions for con solidation. - ■";_'■ If Mr. Steele's', mon can secure * tho necessary signatures by Saturday nigh the city clerk will be able to verify, the petitions in time to present them to th< council next Tuesday. In that case tht city attorney will ,be ready . with tan ordinance providing for an election on consolidation on a date between July 1. and 31. Otherwise it probably ..will >be called for a day in the first - week of August. The consolidation committee met with the council at 2 o'clock yesterday after noon. -An hour was spent in going over the report In executive session in order to determine whether the council con curred in all features of the report be fore making it public- Secretary Flem ing of the consolidation committee read the report, I and Stoddard Jess, Joseph H Call and others spoke on the plan of consolidation It presented. • The council decided to approve the report through out, and instructed City Attorney Les lie Hewitt to prepare a resolution ito that effect. . ' «'■ '/'*- Following his custom .of * remaining outside of a secret session, Councilman "Wrenn was not present at the execu tive meeting, but remained outside wit' the newspaper men. The other mem bers of the council were' present. an all voted in favor of the resolution. F. S. Cary attended the council meeting as the representative of Wilmington, an the San Pedro committee was repre sented by Capt. Lewis Hansen, Joseph H. Call and John A. Anderson. J »$a < ■ The report and recommendations; ct the consolidation committee follow in fU'l: Full Text of Report We, the undersigned, members of the consolidation committee, appointed by rep resentatives of your respective bodies ito bring about the consolidations of the city or Los Angeles with the cities of San Pedro and Wilmington, beg leavo to submit "to you, and through you to the people of the j cities of Lot Angeles, San Pedro and Wil mington, the following report of the findings of the committee with Its recommendations: Tour committee effected its organisation * on March 29, ISO., by electing Stoddard Jess chairman and A. P. Fleming secretary, and has availed Itself of every opportunity to acquaint Its members with the condi tions in both the outer harbor of San Pedro and the inner harbor at Wilmington. Conferences have been held with repre sentatives of the consolidation committees and other civic bodies of Ban Pedro and Wilmington, and after a most careful and < exhaustive examination into the conditions., we present the following findings and recommendations, with which the > repre-; , sentatives of both San Pedro and Wilming ton agree, as to the best methods of the immediate Improvement of the harbors. Expense Inconsiderable \ First—We find that the conditions ' are such that one of the best harbors tn th* world can be constructed at San Pedro an. Wilmington, and at a very Inronslde—.bio expense as compared with the cost of other prominent harbors. ■ . •_ Second—That the future welfare of Southern California and of the entire south west demands the development of 9 ' har-; bor at San Pedro and Wilmington, ;in ». manner and on such a scale as to make tin harbor available to receive the cunuaaw. of the world on the opening of the _______ canal. Third— development of San Pedro «o Wilmington harbors as a port of tree ten • merce will require the expenditure ot larg sums of money, and to accomplish this It lj vital that jurisdiction over San Pedro an. . Wilmington harbors shall be vested In on- ... municipal corporation. financUlr able to ■ bear the burden of the bond Issues required to carry forward this great project, . and I having sufficient strength to formulate and carry to successful completion the plan of connecting and operating public • docks. wharves, piers and warehouses In San : Pedro and Wilmington harbors, : and In . connection therewith. such '-.* means of . municipally owned and controlled s_«__raßd transportation thereto and therefrom as the needs of commerce shall demand.. The first, and most essential step In effecting this project Is the creation of one great muni cipality with resources ample to contract and operate the necessary Improvements for the accommodation of the commerce - that will flow ln and of this port. Await' Deep Sea Commerce ' A most essential feature of the develop- . ment of the outer harbor at San Pedro, and for which It Is admirably adapted, ls ■ the making of provision for deep sea commerce . and the quick handling thereof ,at j. the V earliest possible time. : . . - There are about 146 acres of submerged I lands in one body on the westerly side of ., the outer harbor, Immediately south of the M government . - reserve, '*; extending '* to *Jj the ! breakwater, free from private claims,' and " which would bo under the control of the consolidated city. ' This body of submerged "". land is ; the -. most available . site t for t Im mediate Improvement in the outer i harbor .* and affords a most advantageous place for ' v the construction iof ■; public docks, ». slips, ','< wharves, piers and warehouses, particularly V because it .Is ' large ' enough tto ' adroit '* of ' ■ progressive' improvement: thereafter, as the necessities of commerce require. SWMBPWd And we find that there ore approximately 15,000 feet of water . frontage In the outer j, --' harbor of San Pedro, available for deep sea 9 whipping, and which la approximately i di vided as follows, and which can be made !*; available for public use: Five thousand feet on the. front of the < 146 . acres; - about 9000 \ feet along > the . inside ; of. the breakwater,,' and about 1480 feet on, the Miner All; and ', there la, - belonging ' to private parties, ap proximately on the Huntington All 3000 feet of frontage and on the Miner All approxi .. ■ mately ; 7000 feet ;of ' frontage: in ! the. outer y harbor, , making 3 35,000 .. feet iof .bulkhead ■ I (Continued on _>■#• Three)