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PRICE: 50 CENTS ?Jr 0Am roS vol. xxxvii. m;.mbi:u 166. CUMMINS HURLS DEFI AT TAFT ON RAILROAD BILL Will Fight Measure Even Though He Be Read Out of Party CRITICISE PRESIDENT Says Proposed Law Was Born Under Unusual Couditions (Associated Press] WASriINtITON, March 16.—That he would oppose the adminis tration railroad bill. even though It might result In an effort to •Md him out of the party, Senator Cummins of lowa in effect declared in the senate today In the Initial speech on thf railroad bill. Ho commented especially upon the history of the liicisure, which h« said hud originated In the executive branch of the gov •rnmant rather thun in congress. After occupying its place on tho sen ate oaUndar for eighteen days the bill wjih taken up at 2 o'clock and thus woh launched th« discussion of what the in.'tubers of the senate regard as tho most important legislation before congreHS. The lowa senator hRd spoken about two hours when ho asked leave to sus pend until tomorrow. The lenve was granted, but Senator Hale, chairman of tho Republican cau cus, gave notice that hereafter the bill would be kept constantly before tho senate. In language Just as positive Mr. ' Bailey declared the bill could not bo rushed, and declared that congress was liable still to be considering It when tin' "dog days" arrived. Criticise* President In the main Mr. Cummins' speech was devoted to ii general review of the railroad measure, but It was preceded by a recital of the proposed legisla tion. In which he criticised the course of the president and declared his In tention of opposing the bill in Its pres ent shape, even at the cost of the dis pleasure of the chief executive. ■ii the uncontradicted and apparent ly authorized statements of, the news papers bo not In error, every Republi . an at least Is expected to vote for it Just as It is, unless he dares to incur not only the executive displeasure, but to be banished from the Republican ranks." said Mr. Cummins. "I do DOt speak of this phase of the subject In a spirit of anger. I am con scious of no other sentiment than pro found regret. I recognize that It is not only the privilege but the duty of the president of the United States to make such recommendations to congress as in his Judgment will promote the gen eral welfare. Ho is quite within his privileges and duties In expressing his views upon such subjects as often, as he likes, and as emphatically jas he pleases, "Whether he is within his privilege or bis duty when he undertakes to prescribe the precise form that legis lation shall assume may well- be doubted. His great predecessor evi dently thought that executive propriety did not permit It, for when he was dealing with the same subject in his message at the beginning of the first session of the 69th congress. in 1906, lie said: 'It is not my province to indicate the exact terms of the law which should be enacted, but I call the attention of congress to certain exist ing conditions with which It is desir able to deal.' Course Is Disastrous "I would not, however, be inclined to attach much Importance to the prac tice, which now seems to be very gen eral,' were it not that Its cures, in the very nature of things, must be disas trous. Although a senator may be in full sympathy with the broad purposes which the executive proposes to ac complish, the moment he asserts his in dependent view of the best way to ac complish the purpose, he finds himself In direct conflict with the president, and he must choose between losing the presidential favor and doing a thing in a way his conscience tells him It ought not to be done. "I do not fear that in a slight in stance, or during one administration, the independent will of the members, of congress can be overcome; but If upon subjects like the one before us, the practice of having a bill prepared In the executive offices and presented to congress for passage, _ accompanied with an implied message that punish ment follows disobedience, is contin ued from year to year, in the end con gress will become a mere form in or ganized society. "With - the utmost respect for the exalted office of president of the United States and for him who occupies it at the present time, I record my protest (Continued on rage Two) MADHOUSE IS FATE OF PENNSYLVANIAN John McLuckie, Former Mayor of Homestead, Deranged by Thugs' Attack, Committed to Asy. lum at Tombstone, A. T. TOMBSTONE, A. T., March 15.— John McL.uckie was committed to the asylum from here today. Persons who claim to know him assert he was mayor of Homestead, Perm., during the turbulent times of the famous steel strike and was prominently iden tified with the sensational exposure of the defective armor plate furnished the government by the steel interests. McLukie was until recently inter ested in mines In Mexico and several months ago near Cananea, Mexico, was set upon by several Mexican ruffians who severely beat him on the head and robbed him of $1200. He was left for dead. Treatment at hospitals failed to re store his mental faculties, and lately •while In the hospital here became bo violent that it was found necessary to place him under restraint during brief lucid intervals. McLuklti admitted ho was onco mayor of Homestead, but his mind is a blank on the eventful strike inci dents and historic armor-plate ex- LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY FORECAST For Los Angeles and vicinity: Showery weather; moderate south wind. Maximum temperature yester day 74 degrees, minimum 54 degrees. LOS ANGELES Andrew Carnegie returns to Southern California anil accepts Invitation of Lo» Angeles chamber of commerce to attend banquet. PAOB 1 Hearing of citron fruit rate case before Interstate commerce commission set for March 23 In I.on Angele*. PAGE 11 Street railway" must comply with fran chises or lose them. PAOE 11 I'Mwln Gould -secures sit* for winter home at Catallna and will have a - , mansion hixh above cliffs. PAGE! l Dank licenses placed at m cents by council. PAGE) 8 Commission form of government for I."ii Anceles rejected. PAOE] 8 Candidacy of Hiram W. Johnson for governorship Indorsed by many. PAGE) 8 Chamber of commerce members leave on . excursion for Arizona. PAGES 18 Burglar secures wrong treasure box from feed store safe and throws worthless "treasure" In vacant lot. PAGE 10 Seventeen-year-old boy shoots step father to save lives of mother and •l«ur. PAGE) 10 Do nosier and Whlttler arc matched for motorcycle race Sunday. PAGE) 10 Rose Aubrey, who as tirotty co-ed at Berkeley eloped with millionaire's son, granted divorce. PAGE 3 City council hits contracting firm and will give It no more work. PAGES 5 Judge Willis tells Sam and Simon ivnrlln they must tell facts regarding diamond dual to win probationary sen tences. ; FAGS 6 Anti-saloon dispute causes arrest of two\ persons. ' PAGE 8 Roberta children returned to father in Nashville, and mother's long trip acroßs continent futile. PAGE 16 Inventor arraigned on charge of fraud In stock transaction. PAGE 16 Schoolboy* prepare for aerial content. PAGE 16 Council split on question of Increased tax on llauor business. PAGE! 0 Chief Galloway rebuke* police for cow ardice. I'AUE 9 Board of subllo works favors flagmen at ten crossings. PAGE 3 Police baffled by mysterious shooting of Francisco Marques. PAGE 9 City council passes ordinance dividing Greitor Los Angeles Into flvo arc dis trict*. PAGE I Sentence of chauffeur who killed man Is postponed and prisoner put on pro bation. I'AOE 5 Council limits height of billboards. PAGE 5 Editorial, Letter Box. Ilaskln'a letter. PAGE 4 Marriage licenses, births, deaths. PAGE II Market* and financial. PAGE 7 Citrus fruit report. PAGE 7 Building permits. PAGE 12 Shipping. PAGE 12 City brevities. PAGE 6 Sport*. PAGE 10 Society, clubs, muslo. PAGE « Theater* and dramatic criticism. PAGE 6 SOUTH CALIFORNIA Kinney company close* babys' play ground pending settlement of owner ship. I'AUE 14 May dedicate Long Beach municipal docks with shipment of Imperial val ley cotton. PAGE! 14 Coroner's jury at San Pedro decide* G. W. Jefferson justified In killing wife* companion. . . PAGE 14 Saloon question will he decided by San Bernardino voter* April 29. PAGE! 14 COAST Imperial valley mixes In row over ex position. PAGE 3 Man 100 year* old wlio registers to vote ■ay* ha drinks and smokes. PAGE 3 Denver Judge release* prisoner for psychological, reason*. PAGE 8 Ban Diego raise* million as exposition guaranty. PAGE} 1 Artist arrested In San Francisco tor taking $10,000 painting from park. PAGE 10 EASTERN House committee approves bill appro priating 1500,000 to raise wreck of battleship Main* .« Havana harbor. PAGE 8 Standard Oil Is arraigned by Attorney Frank B. Kellogg for the government, who liken* It* method* to those of pirates. . PAGE 1 Government files defense of constitu tionality of corporation tax law with supreme court. PAGB : Attorney for Senator Alias defend* his •client with photograph* of checks alleged to have been given accused. I'AQB 2 Senator Cummins opens debate on ' the administration railroad bill by at tacking It. PAGE 1 Conference* In Philadelphia fall to open way to end strike. . A PAGE 2 General managers of forty-seven rail roads ask government mediation ■under Erdman act In threatened strike of 27.000 firemen. PAGE 1 MINING AND OIL Well on Union property near Marlcopa flo-w* 20,000 barrels a day. PAGE 13 Bureau of mines bill will. it Is be lieved, pass senate without much op position. ' PAGE IS COD. mine at Klngman, Art*, enter* solid body of sulphide ore. PAGE 13 Completion ,of Producer*' Transporta tion pipe line to coast open* market to Independent oil men as buyer* ami sellers of petroleum. ■ PAGE 1- LOS ANGELES GIRL SEEKS TO MARRY A JAPANESE No Judge at Reno Will Wed Couple, and They Are Ordered Out of Town GOL.DFIELD, Nev., March 15.— George Masakl, a Japanese gardener, and Juliette S. Schwann, both of Los Angeles, were unable to get a Judge to make them man and wife here to day Masakl took out a marriage li cense during the afternoon, but as soon as the sheriff found it out he hunted up the couple, and escorted them to the railroad station, where he ordered them not to appear in Gold field again. This action of the authorities was taken because of unpleasant publicity resulting from a recent case of mis cegenation. The couple took a train for Tonopah. The authorities In Tono pah have been warned. TONOPAH, Nev., March 15.—George Masstkl and Juliette Schwann arrived here this evening from Goldfleld and secured rooms at . a cheap lodging house. Ministers and Judges declare they will refuse to perform a marriage ceremony, although a marriage license probably will be Issued to the couple in the morning. WEDNESDAY MORNING, MAKCIE 16, 1910. ANDREW CARNEGIE AS HE APPEARED WALKING FROM HIS PRIVATE CAR TO AN AUTOMOBILE AT HOTEL RAYMOND STATION, PASADENA jfyg*''' Hft ' Etti*. H BKI ■■■B m ?& ■ *>«iS Mr. Carnegie I* walking with Walter Raymond. Dr. Jamet Bcherer of Throop Polytechnic and Prof. George E. Hale of the observatory are assisting Mrs. Carnegie and Miss Margaret Carnegie to alight EDWIN GOULD TO LIVE AT CATALINA SELECTS SITE FOR WINTER HOME ON ISLAND Palatial Mansion High Above Cliffs to Be Retreat for Millionaire Who Is Ardent Fish. erman [Speclal to The Herald.] AVALON, Catalina Island, March 16. —Edwin Gould, who Is visiting this noted Island resort, has decided to build a winter residence here and, ac cording to those who know the multi- millionaire's plans, the building will be palatial in appearance and contain all the luxuries of a modern Atlantic coast mansion. Mr. Gould, with his son, Frank, has been touring Southern California, and during their Jaunts Mr. Gould has be come so infatuated with the climate of .Southern California, together with Us remarkably beautiful scenery, that he and his eon have been on the lookout for some acceptable site for a winter residence. In Pasadena there were several tracts which appealed to him, but these were soon forgotten when the rugged scenery of Catalina was spread before his view on his trip to the noted island oft San Pedro. He immediately expressed a preference for some ele vated site on the Island, and as his son, whose opinion carries much weight with the father, coincided with the millionaire, the elder man decided he would build at Catalina. After a careful inspection of the island, Mr. Gould flnaly selected a site above the cliffs on the bay side and which overlooks the entire coast in eithor direction as lar as the eye can see Mr. Gould, It is said, is already in communication with architects regard ing the plans for his new structure, and when completed it will be one of the show spots in Southern California. It will be spacious and it is the aim of the owner to construct the walls in some sort of mission style out of Cali fornia material. Mr. Gould is an enthusiastic.angler, although before coming here "he is said to have cared little or nothing for "fishing." He, however, has be come expert as an Isaac Walton and can show as many results for an aft ernoon passed in ocean angling as many who have followed the sport for years. Today, accompanied by Frank, Mr. Gould rode on horseback to the high est ridge on the island, said to be 1600 feet In altitude, and while he has said but little concerning the probable site for his mansion, It is said to be situ ated somewhere a(ong the route taken by the millionaire on his Journey today. U.S. SENATOR DANIEL OF VIRGINIA FEARED DYING DAYTONA, Fla., March 15.—There was a decided change for the worse this afternoon In the condition of Sen ator Daniel of Virginia. His daugh ter and members of the family have been summoned to his bedside here. At 8:30 o'clock tonight the following bulletin was Issued by Dr. W. C. Chowing: "Senator Daniel is now resting quietly. No change since this morning. Am hopeful of Improved conditions to morrow." 'WORK, LOTS OF IT, GOOD FOR MAN,' SAYS CARNEGIE Multi-millionaire Accepts Banquet Invitation and Will Be Guest of Los Angeles Chamber of Commerce 1 NDREW CARNRGIE, multi-mil- Allonaire steel magnate and philan thropist, who returned to Los Angeles yesterday after a two weeks' sojourn in San Francisco and San Jose, will be tendered a banquet by the Los Angeles chamber of commerce. The invitation was extended to the financier yesterday morning on the arrival at Kiver station, where he was welcomed by Willis Booth, H. Z. Os borne, F. Q. Story, Secretary Frank Wiggins and President Josepn Scott, appointed a committee by tho chamber of commerce to welcome the returning visitor and proffer the Invitation. Mr. Carnegie responded to the invitation with evident appreciation. "I have heard about the great work done by your chamber of commerce," he said, "and I thank you, gentlemen, for your invitation. I feel greatly honored." Mr. Carnegie, his wife and daughter Margaret and the latter's governess constitute a party which attracted little attention on their arrival here yesterday. In fact, there were few of the many persons who saw them at the station, excepting those who were present to welcome them, who recog nized the steel magnate or his family. The party arrived on the Southern Pacific coast line train at 8:30, and was met. by the reception committee at River station. The magnate's private car "Constitution," an unpretentious Pullman, was Immediately switched over to the Santa Fe at Downey ave nue, where the Pasadena reception committee, composed of Professor George E. Hale of the Carnegie solar observatory on Mount Wilson, Dr. James A. B. Scherer of Throop insti tute and J. D. Hooker of Los Angeles, the latter of whom provided money for the 100-tnch mirror at the observa tory, greeted the members of the party and accompanied them to Pasadena. Greeted at Pasadena Mr. Carnegie's car was attached to the local Santa Fe eastbound and ar- Notice to Herald Subscribers ON and after this date, the subscription price of Los Angeles Herald will be fifty cents (50c) a month to new subscribers, and to those making renewals. The advance will in no way affect existing contracts or prepaid subscriptions until the expiration of the time limit. The slight advance made in the price of The Herald does not bring the total subscription cost to a point where it pays for the publication and service. The Herald today is by far the best newspaper published in Los Angeles, and the advanced price is only two-thirds of that charged by other newspapers in its class. This notice is given so that all may have a fair under standing upon the matter of subscription price rather than by notification through route men and agencie'. rived at Raymond station, two blocks from the Hotel Raymond, at 9:40 o'clock. At the station Mr. Carnegie's party was welcomed by Walter Ray mond, proprietor of the Raymond hotel, who escorted the entire party in his automobile up the hill to the hotel, where an elepant suite of apartments, overlooking the famous golf links, had been prepared for them. In the parlor of the hotel, arranged on a beautifully decorated table, stood a massive bouquet of California mid winter roses, which Mr. Carnegie de clared the most beautiful he had ever seen. The bouquet contained 500 mag nificent roses. Immediately after his arrival at the Hotel Raymond Mr. Carnegie locked himself in his room, where he said it would be necessary for him to remain the rest nf the day and attend to a vast quantity of mail which had ac cumulated during his visit in the north. According to the hotel management, there were two large sacks of letters for the financier, which he personally desired to open. Later In the afternoon, however, Mr. Carnegie was seen on the west balcony of the hotel, busily engaged at a table, where he was com posing: a speech to be delivered at the dedication of one of his public institu tions in South America. H« refused Interviews to newspaper men, but set an hour for today. Mr. Carnegie, however, was met at the train by a reporter of Tho Herald, who was granted the only interview given to newspaper men yesterday. "It seems like getting home," he snid. "Just say for me that lam much pleased to be here. This sunshine is grand, beautiful." Dr. Scherer and Professor Hale then aided him down the steps of his private car, the financier appearing to be slightly rheumatic, although of jovial spirits. He was Immediately escorted by Mr. Raymond to the automobile. At the auto, before climbing into it, he was induced by The Herald reporter to talk a little more. "They tell me that Is Mount Wilson over there," he said, pointing to the (Continued on Page Three) ■~1 j.> Vj.l j\i \s\J\- IIjD. on trains, a cents OCTOPUS WAVES FLAG OF PIRACY STANDARD OIL MENACE TO NA- TION, SAYS KELLOGG Government Prosecutor Goes Into His tory of Trust, Tells Pipe Line Methods and Cites Enor. mous Profits [Associated Press] WASHINGTON, March 15.—Holding up the Standard Oil company of New Jersey as a menace to the country and Its organization as a commercial prece dent that should be eradicated from the business world, Frank B. Kellogg to day arraigned the corporation before the supreme court of the United States. It was the government's turn to be heard In the argument over the disso lution of the company, as decreed by the circuit court of the United States for the eastern district of Missouri. "They have waved the black Hag over the land as others have done over the ocean. Do 1 deny they have demon strated their ability? No. They have competed with an ability unequaled In this country," said Mr. Kellogg. "With its ramifications and its mon ey power, give It carte blanche, let it combine as Mr. Watson suggests, and let it cut prices as Mr. MUburn speak! about, and I predict it will control ev ery industry in this country in ten years—yea, in five. "What makes a great country?" he asked. "Not great corporations. It is the individual; the independent pro prietor to whom the star of hope lias always been held out to man before him. Your honors, it is but a step from combination to Socialism, and but another from Socialism to anarchy." Reviews Growth of Trust Except about twenty minutes that John G. Milburn consumed at the be ginning of the sitting in the conclusion of his opening address, and about an equal length of time occupied by I). T. Watson at the close of the day, both in defense of the Standard Oil, all the time was taken up by Mr. Kellogg. He gave a history of the Standard Oil and its activities, with frequent comments on the law of the case. He seemed inclined to leave many of the legal points lor discussion by Attorney General Wickershain, who Is to close the case for the government tomorrow. Particularly was this true of the point of common ownership of Standard Oil properties, urged by the defense to have existed both before and after the organization of . the alleged illegal combination in 1899. Time after time tho justices mani fested keen interest in the case by subjecting- counsel to a series of queries. They were particularly anx ious to know about the common own ership claimed by the Standard Oil counsel and to get tho various inter pretations of meaning that should be given the word "monopoly" as used in the Sherman anti-trust act. Justice White wanted to know if it were true that the increase of the Standard Oil since 1879 was due to accretion and not the purchase of new companies. Mr. Kellogg replied that since that year the Standard Oil company had acquired forty-five refineries and flfty tivr companies. "We demanded from the Standard a full list of its acquisitions," said Mr. Kellogg, "but they never produced it." He recalled Mr. Mtlburn'a .statement yesterday that the Standard Oil com pany of Ohio had not dismantled re flnerles purchased. "Mr. Milburn has not been connect- (Continued on l'ugc Three) CENTS U.S. MEDIATION HALTS STRIKE Of 27,000 FIREMEN General Managers Make Appeal and Commis sioners Consent TO MEET IN CHICAGO Prediction Is Made That Arbitration Will End Differences [Associated Press] CHICAGO, March 15.—An Immediate strike of 27,000 locomotive fire men, the throwing out of em ployment of more than 126,000 other employes, and the temporary suspen sion of business on practically every, railroad between Chicago and the Pa cific coast was averted today through the acceptance of off ens for mediation fro.n the federal authorities. At the request of the general man agers of the forty-seven railroads in volved, Chairman £napp of the In terstate commerce commission and Commissioner of Labor Charles P. Neill telegraphed an offer of media tion to the union officials. This offer was accepted, "W. B. Car ter, president of the Brotherhood of Locomotive Firemen and Enginemen, ( stipulating, however, that action must begin at once. The appeal to Washington was taken as an eleventh hour move to prevent a walkout, which it was declared threatened the greatest railroad strike since that of 1894. Thirty-seven mem bers of the western federated board of the brotherhood at midnight last night formally voted for a strike. Tho hour for striking had been set for next Monday morning, and the members here were prepared to start for their homes to put the strike into effect when the mediation steps were taken. Mediation in Chicago It is stipulated that the mediators come to Chicago. According to Mr. Carter, their function will be not to arbitrate the matters in dispute, but to determine what shall be arbitrated. The main question involves wages, which both sides have agreed upon as arbitrable, and two other technical points, Involving promotion and rep resentation In the union, which the brotherhood contends are arbitrable, but which the railroad officials say are not. "It the mediation falls through, the strike will go right on as planned," said Mr. Carter. The acceptance of mediation was contained In the following telegram sent by the brotherhood to Messrs. Neill and Knapp: "Matters in controversy Involve con ditions of employment and increase in wages. Committee preparing to leave city, but if assurance is given that me diation will begin immediately and in the city of Chicago, authority for the men to leave the service of the com panies will be temporarily withheld. The fact that wo have proposed ar bitration on all matters in controversy and the fact that the managers com mittee has rejected our proposition do not lead our men to expect a set tlement from mediation, but is evi dence of our fairness will accept your friendly, offices under the condi tions named herein. Please answer promptly. "W. S. CARTER." (Signed) W. p- cartkk. Letter to General Managers The committee sent the following let ter to the general managers: "W C Nixon, chairman general manager*' committee: Dear Your letter of March 15 has been received, In which you communicate the infor mation that the managers have in voked the aid of the Erdman act and the honorable chairman of the inter state commerce commission and the honorable commissioner of labor nave been requested by the managers to tender their good offices. i "This is to advise the managers committee that the chairman of the interstate commerce commission and the commissioner of labor have ten dered by wire their friendly offices in an endeavor to settle, through media tion, the pending controversy. "The proposition of our committee that matters in controversy be sub mitted to arbitration is the evidence of the regard that we have for the inter ests of the public, and after giving tho matter further consideration our com mittee instructs me to notify the man agers that it has accepted the good of- (Continufil on Vage Two) SAN DIEGO RAISE MILLION FOR FAIR Guaranty for Panama.Pacific Exposu tion for 1915 Completely Sub scribed, Reports Finance Commission SAN DIEGO, March 15.—Tho finance committee of the Panama-California exposition announced today that the initial fund of $1,000,000, representing the capital stock of the corporation and intended as a guarantee .if the plan! for 1915, has been completely sub scribed. Of the entire amount marly $400 000 was raised during the past fortnight, since John D. Spreckels, first vice president of the exposition. Offered a conditional subscription of $50,000 if no more than that sum ru needed to complete the million by March 16. In order to make sure of this amount and in order to end the stork subscrip tions combination, forty citizen! of this city subscribed for the unsold balance today. , , Comparison with the financial rec ords of previous expositions show:, that no other city has over approached tha per capita subscription for exposition purposes. Estimating San Diego' 3 population at 50,000. the total Is a sub scription of $20 for every resident ot the city. As a matter of fact there were 3300 subscribers, and the amounts ranged from $10 upward. Telegrams of congratulation from m;\ny .sections of the state wor at exposition headquartei night, and there was an informal ■ bratlon. It is planned to raise a sec ond $1,000,000 immediately by bonding the city.