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16 PAGES vol. xxxvu. ■pi?Tf"'T7'« rtfk s MI?TVT rrQ by carrier M MIIKII Ml 1 lil^Jli . OK) VIJiX ±(3 I'EK MONTH N.Y. OLD GUARD MAKES ISSUE ON 'SHALL T.R. RULE?' 'I'll Make My Speech Tomorrow,' Shouts Roosevelt, Waving Sombrero at Crowd OUTLOOK FAVORS INSURGENTS Vice President Sherman Doubtful of His Election to the Chairmanship {Associated Press) SARATOGA, N. V., Sept. 26.—Sara toga seethes In a political turmoil to night, the eve of one of the most lm jfortant Republican state conventions ever held. The old guard are making their battle on tho issue, "Shall Theo dore Roosevelt rule the Republican party In New York?" Col. Roosevelt arrived late today and ■within five minutes had plunged into the situation, taking full command of the progressive forces and rounding up the wavering stampeded delegates. The political tides finally set in for the pro gressives tonight, and the colonel after a conference with his lieutenants re peated his declaration made at Troy, N. V., "AYe have beaten them to a frizzle, and the trophies are ours." Col. Roosevelt was met at the station by the New Ytfrk county delegation, headed by Lloyd C. Grlscom, Represen tative Parsons and Otto T. Bannard of New York and others. A procession headed by a Troy band oscorted the colonel to the United States hotel, where, from a second story piazza, he made a brief speech. "GOOD IAJCK," SHOUTS T. R. "Good luck," he shouted, waving hla black sombrero hat to the crowd. "I shan't try to make any speech now. I'll make my speech tomorrow." Then the colonel swept away to his headquarters. Vice President Sherman came this morning from Utlca and went quietly to his room. Few knew of his arrival, as he came In from Schenectady on a trolley car. He spent most of the day talking with friends on the veranda of the hotel. Mr. Sherman, it was learned, entertains no very exalted hopes of his election to the temporary chairmanship, but he says he is in the fight. The vice president, however, came in for a spirited demonstration when a inarching club of some 200 members with a band arrived from Utica. Mr. Sherman met them and marched with them once around the great court of the United States hotel. The vice pres ident and his friends were rapturously cheered by the old guard delegates and cohorts. The parade then led the way to the bandstand, and the vice presi dent was cheered and urged to speak. WHKKMAN SPEAKS "Gentlemen," he said, "surface indi cations point to the fact that about 5000 of you prefer to hear your own voice than to hear mine. I like the sound. There never was a time when I preferred my own voice to others. I shall not assure you that I will speak in the convention, but rather I will say that I will speak in the convention to morrow if a majority so will. I al ways bow to the will of the majority, which is my only boss. You don't want to hear a speech now, and I don't want to make one. I do desire to express my tluuiks to the stalwart body of Onelda cqunty business men, regard less of party,- who havo come here by their" presence to answer the claptrap of the opposition. "Gentlemen, I am here and you are here because we are Republicans, anxious to do what we can to produce party harmony and party success. ■ "We have had in the Republican party many great men, but their great ness is due to the fact that tho rank and file of the party elected them to leadership. It is the possibility of tha rank and file that has made the history of the party and the history of its greatness." BAItJ>TBS DOUBTFUL titeutenants of William Barnes, jr., who Is leading 1 tho old guard forces, say tonight they hay« made a few gains, but are not ready to claim a majority of the -convention. The wav ering delegates are being eagerly sought by both sides. Mr. Griscom announced tonight that the progressives had 675 delegates out of the 1015 in the convention, a good working majority. He said that since the arrival of Mr. Roosevelt the pro gressives had gained four votes. Mr. Barnes, with his assistants, has written out a complete platform to be presented to the committee on resolu tions, and Barnes said tonight they would not submit to a single amend ment to that platform. In the event of their defeat the platform will be entirely made up by tho progressives, and they will be responsible for It. Colonel Roosevelt put In somo time tonight over the primary plank of tho progressive platform. Roosevelt lead ers are not all of one mind aa to the precise makeup of this particular plank. BKNNETT IN HACK Mr. Griscom said tonight he thought Colonel Roosevelt would select a man from his home county to make the motion substituting the name of the colonel for that of Vice President Sherman for temporary chairman. Regarding a report that Mr. Roose velt had been asked by friends to run for governor, Mr. Griscom said: "No such proposition has been made by Mr. Roosevelt by mo or any of my friends. The matter was suggested to Mr. Roosevelt by me some weeks ago, and that ended it." He added that there was no crystal lization on the direct primaries plank', which was still a matter for much discussion. Frederick C. Stevens, superintendent of public works, who comes from \Vy omlnp county, loomed large today as a candidate for governor. Efforts were made today to have . (Continued « l"»e». tw«) LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY FORECAST -.; •For l -tin Angeles and vicinity: Fair Tues day; overcoat in the morning) Unlit north wind, changing to would. Maximum tem perature yesterday, 76 degrees; minimum temperature, 58 degrees. LOS ANGELES Frank Domlnquez, commissioner to Mexican centennial, returns and tells of republic's hospitality. ' i PAGE 6 Edward C. Woostman. wealthy Pasa ilrmin, appears before lunacy board and Is cleared of insanity charge. FACIE 8 Judge Olln Wellborn formally opens federal courts In new government building. ■ PAGE 9 Court decides that foster parents of Mrs. Helen Whltlne's baby must re turn Infant to mother. PAOIS 9 C. 15. Connors breaks Into Jail to place himself beyond reach of morphine. PAGE 9 Mowatt Mitchell starts to work for his father In management of Hollenhcck hotel. PAGE 9 Anita Baldwin begins suit for recogni tion as K. J. Baldwin's daughter and' for two-ninths of S 11,000,000 estate. PAGE 9 Chairman Meyer LJssncr of Republican state central committee returns from north with news of campaign. PAGE 13 Glfford Pinchot praises ability of Theo dore Bell at meeting In Simpson . auditorium. • PAGE 13 Clergymen start from Los Angeles for thirty-fourth annual conference of Methodists at Fresno. PAGE 13 British ship captain arrested for al lowing alien, placed in his hands by authorities, to escape and re-enter country. , PAGE 13 Supervisors reject the plan to tax coun ty for safety devices at Ardmore crossing. PAGE 13 Committee plans, to make dedication of new federal building a notable event. PAGE IS Glfford Pinchot defends conservation end gives views regarding proper pol icies of government toward oil lands before Mining congress. ' PAGE! I Society and muslo. PAGE 5 Markets and financial. PAGE 7 Sports. PAGES 10-11 Editorial and letter Box. PAGE) 11 Politic*. PAGE 13 Municipal affairs. . PAGE 8 City brevities. p PAGE 13 Marriage licenses. ,births, deaths. PAGE 14 Classified advertising. • PAGES 14-15 Theaters. PAGE ,16 SOUTH CALIFORNIA Woman killed and husband injured when train hits wagon at Long Beach. ' ■ PAGE 14 Pasadena pupils will receive a full day's Instruction. ; . PAGE 14 ■Riverside authorities charge J. B. El liott with attempting to sell goods bought on credit at discount for cash. ...-,..-. PAGE 14 In factional war of Spiritualists at San Bernardino, one party takes piano from church. PAGE 14 Ocean Park school opens' for fall term with largo Increase of pupil*. PAGE 14 Old soldier falls from pier and meets death In the wave* at Santa Monica. - PAGE] 14 COAST Jay Bbwerman nominated *by Republi cans of Oregon for governor. , PAGE 2 Acting governor of Oregon charges Cal lforaja man with threatening his life. PAGH 2 Troops engage in mimic warfare at Camp Atascadero. ... ■ PAGE 4 State legislature to convene October 3 In special session. PAGE 4 EASTERN Colonel Roosevelt arrives In Saratoga and takes command of progressives, who are confident of victory. PAGB» 1 Mayor Gaynor of New York Issues state ' ment declaring he Is not candidate for Democratic nomination for gov ernor. PAGE 1 Open trial of Charles N. Haskell, gov ernor of Oklahoma, charged with con spiracy to defraud the ■ government. PAGE 1 Indirect charge that ' railroads are granting rebates through damage accounts Is made at rate hearing. PAGE 2 William Jennings Bryan, In Colorado speech, charges Roosevelt with tak ing credit for Democratio policies. . PAGE : Senator l^orimer's lawyer* oppose evi dence of "Jack Pot" being introduced in bribery Investigation. PAGE 2 At Chicago the famous Indian half back Darkcloud arrested for theft In duced by hunger and sick wife. PAGE 3 San Antonio, Texas, prepares for Trans mlssisslppl Commercial congress. PAGE 3 Efforts of Congressman Ames to cap ture «eat of Senator Lodge only con test In Massachusetts' G. O. P. PAGE 4 President Taft has day and night meet- Ings with cabinet and discusses su preme court vacancies. - PAGE 16 Eighteenth session National Irrigation congress opens at Pueblo, Colo. tmi&M • PAGE 11 West Point cadets who "silenced" In structor receive drastic discipline. PAGE 16 FOREIGN Practical employment of aeroplanes In French colonies under discussion by minister at colonies. PAGE 3 Japan assumes full responsibility for protection of foreieners In Korea. PAGE 13 TRAVELS EAST TO CAUSE ARREST OF HER SPOUSE (Special to The Herald.) REDDANK, N. J., Sept. 26.—Jour- I neying from Los Angeles to have her husband arrested, Mrs. Josephine E. Neamo of that city saw him taken into custody today by Chief of Police Patterson. Arrested with him at the same time was Mrs. Harvey Hayes, also of Ix)s Angeles. The man is Dr. | Austin Neame, an osteopath, who has practiced here since last December. The physician and Mrs. Hayes wero arraigned before Police Justice Sick cls and furnished bail to appear for a hearing next Friday. Mrs. Neamo is herself an osteopath, having been graduated in the same class with her husband in Pacific col lege in 1907. Her maiden name was Perry. She says she Is a second cousin of Vice President Sherman and that Commodore Perry was an uncle of her father. Mrs. Neame declares that her husband deserted her last Novem ber and left her nearly destitute. Neame says his wife was cruel to his children by a former wife and that she is not "I" sound mind. Mm. N> says that the children were incorrl ble and that she spanked them at tho doctor's bidding. ' TUESDAY MORNING, SEPTEMBER 27, 1910. Three Well Known Mining Men Who Are Delegates to Thirteenth Meeting, American Mining Congress p S liaa air >(y HASKELL'S TRIAL OPENS QUICKLY Judge Intimates He Will Permit Defense to Argue for Gov ernor's Dismissal (Associated Preas> ' McALESTER, Okla., Sept. 26.—Quick action attended the opening trial of Charles N. Haskell, governor of Okla homa, and others in the Muskogee town lot cases here today. Within a few hours a jury was selected and sworn, and the government announced its readiness to proceed. S. R. Rush of Omaha, special asso ciate to the attorney general, and Dis trict Attorney William J. Gregg to morrow will make the opening state ment. The cases against Albert Z. English and F. B. Severs, both of Mus kogee, who were indicted jointly with Haskell, were not pressed, the govern ment contending that they will be tried under another indictment. Under the federal Indictment to be tried immediately, Haskell, W. T. Hutchins, an attorney, and Clarence W. Turner and Walter R. Eaton are charged with "conspiracy to defraud the government" in the sale in 1902 of about 600 town lot sites in Muskogee. Under the terms of the sale persons holding "possessory rights" to the prop erty were each entitled to participate at one half the appraised value one town and one residence site. It is charged that Haskell and his asso ciates falsely administered the names of people having no such possessory rights, and by the payment of small fees for the deeds obtained possession of 600 lots, thus depriving the Creek Indians, who owned the land, of a fair profit. SUMMON WITNESSES People living in many eastern and southern states whose names. it Is charged, were registered without their knowledge, have been summoned ;as witnesses for the government. Much interest Is attached to the trial because of the government's position as guardian of the Indian property. One of the jurors who will try the case is an Indian. He is John Carlisle, a Cherokee, and as a member of what are known as the Five Civilized Tribes has been admitted to citizenship. Most of the other jurors are farmers. As soon as the case was called Fed eral Judge. Marshall of Utah intimated tiat later he would give the defense an opportunity to argue for a dismissal of the charge against Governor Haskell. I O. B. Stuart, counsel for the de fense, asked permission to argue for a dismissal on the basis of a decision rendered by the United States circuit court of appeals of St. Louis last June. This decision was given in the Lona baugh case on an appeal from the dis trict court of "Wyoming. Attorney Stuart contended that the decision held that In an alleged conspiracy to defraud the government in the sale of lands the defendants could not be punished for overt acts, committed after the patents to the land had been granted. He as serts the caso was similar to that of Governor Haskell. . Judge Marshall said the defense might be given permission to argue the point as soon as the government had called* its first witness. USE NAMES OF SPOKANE PEOPLE TO GRAB LANDS SPOKANE, Sept. . 26.—That ' the names of prominent Spokane families were uaed In making entry on rich coal claims in Alaska, but that in each case a fictitious given name was at tached to a well known surname, was asserted today following . hearings .in this city. ■ ;•*• - These names are stated to have been used without the knowledge or consent of the - Spokane' persons whoso names were thus used. TOP (I.EJT TO BRIGHT)—BYRON E. SHEAR AND D. W. BBUNTON, BOTH OF COLORADO. 881/OW—R. W. BROCK, DEPUTY MINISTER OF MINES, DO MINION OF CANADA. INVENTOR SOLVES KEYHOLE PROBLEM Charley Eyton Patents Mechan ical First Aid to Belated and Befuddled Bacchanalians "Fear not, little one," said Percy Souse, the clubman, to his wife as he left for his nightly tour of the head ache parlors, "Pear not; we have a Charley Eyton keyhole illuminator— I'll get in all right—you need riot wait up to admit me."—From an up-to-the minute novel. Charley Eyton, manager of the Bur bank theater, a man who has never tasted liquor in his life (according to an affidavit he made yesterday) though known as a shining light in tha realm of sportdom, a person of a mechanical turn of genius, has suddenly become the bacchanalian's friend by inventing a device for illuminating keyholes, to the end that a befuddled one may, with no great amount of work, locate the orifice to unlock the front door. When wifey hears her better half rattling a tattoo up and down the front door in an effort to find the keyhole, does she spring from slumber to admit him? Not wifey—for the door is hung with a beacon light and she knows that her mate will eventually reach his nest. A Charley Eyton keyhole illu minator was in place. Hubby Is loaning against the portal gently caressing the panels. Hubby has reached the caressing stage—the period wherein he insisted on kissing the bartender good night. Suddenly his hand atrikes the door knob, there is a flash of light which illuminates that little brass-rimmed opening which has hitherto been to hubby as difficult of discovery as the fourth dimension. Then hubby enters to rest—perhaps. John Brannisan has boen to .1 meet ing of the Knisnts of the Grape. John had taken the third degree, the third quart and then some. As ho wended his homeward way the car tracks were doing a serpentine—there were some moons and other sky bodies that had conio into existence within his past few minutes of life. Very carefully he crawled up the stairs. He reached the door and then began the long search for tho elusive keyholo. If there was any part of that wooden bar to (Coutlilued on l'»K» lw) 'I'M OUT OF RACE!' DECLARES GAYNOR New York Mayor States Formally He Is Not a Candidate for Governor NEW YORK, Sept. 26.—Mayor Gay nor issued tonight for the first time a formal statement eaylng he Is not a candidate for the Democratic nomina tion for governor. Nowhere in the statement does the mayor say, how ever, what course he will pursue in the event that the nomination is thrust on him. He indicates that he prefers to serve his full term as mayor, but at the same time he emphasizes that he feels no moral obligations to do so. The statement, in the form of a let ter to John A. Dlx, chairman of the state committee. in part follows: "I have further considered the mat ter as you requested when you called on me here with Mr, Mack last Wednesday, but can only reiterate to you that I am. not a candidate for nomination for governor. This must have been well known all along, for I have written it to many people in the (ast six months. i>i;mi.s agreement stokv "I am . not" influenced in my course by assertions made here and there that I made an agreement or compact in the mayoralty campaign to serve out the four years if elected. These false assertions are made by persons who opposed me and voted against me and would do so again. I made no such agreement. And if I had made a pledge, that could not prevent the vot ers from electing me to some other office. "There are some large things which a governor could readily ! do for the city of New York, by oversight and legitimate interference, which the mayor of that city cannot do without much time and difficulty, if at all. But, nevertheless, my wish to remain mayor is such that I do not care to become a | candidate for nomination for gov- ernor. "May I add that, as a matter of fact, tho office of mayor of the city of New York, considering the power and con stant occasion for the exercise of the highest functions of free government (Continued on I'nge Two) LJ IVY '111 I 'f'llH ♦ DAILY if. ON TRAINS Be. nliMjfljJnj tUI XJ_iO . SUNDAYS 60. ON TRAINS 10« "GOVERNMENT SHOULD ATTACK TITLE TO S. P. GRANTS," SAYS PINCHOT AT MINING CONGRESS Former Forester Declares Railroads' Position Should Not Prejudice People Against True Conservation in the Oil Fields NEW LIGHT, THROWN ON SUBJECT President Buckley in Reports to National Gathering Urges Revision of Mineral Land Laws and Protection of Investors Government Should Attack Southern Pacific's Title to California Oil Lands, Says Pinchot The early grants of the Southern Pacific in the state of Cali fornia, containing oil, should not permit the people to despair of conservation of the remaining lands of the government. The gov ernment would not be doing its. duty unless it attacked the title of the Southern Pacific to the lands included in these grants and by legislation or otherwise restore them to the people of the United States. Before you condemn conservation find out what the friends of this policy assert and do not condemn upon what the enemies of conservation declare or dispute.—Gifford Pinchot, in his speech before the American Mining congress. Interest In the opening day of the American Mining congress centered in the speech of Glfford Pinchot last night, in which he defended the policy of conservation of the natural re sources of the United States, set forth several things not generally under stood by many mining men of the country, and threw on this great na tional problem light where in many places there had been darkness and doubt of the true purpose of the great men back of conservation and the ul timate outcome if it is put in practice. 1 Mr Plnchot made a careful exam ination into the affairs and operations of oil men in the great San Joaqu n valley and came to the congress fully prepared to express his views on con servation as he has advanced them for many years, but with certain mod ifications that will include mining for oil in the state of California on gov elLastnyear the government withdrew all unclaimed land containing oil in a certain area in the San Joaquin val ley, leaving the Southern Pacific with every alternate section upon which to drill oil wells at pleasure Great dissatisfaction arose among the inde pendent operators, aAd the result was that Gifford Pinchot came to explain and urge that mining men of an classes co-operate with the other peo ple of the country in eliminating waste and control by large interests and ac complishing the restoration to the peo ple of large areas that through former bad legislation were permitted to slip from the control of the people (gov- point made by Mr. Plnchot last night was that production would not be curtailed, or checked in the least, but that waste, including not only forest fires, but human life in mines and above ground on the natu ral resources, would be eliminated as much as possible. A point highly fa vorable to the mining men was that mining men would be permittetd to use the water and forests upon or contiguous to their properties and the right to strip these lands by ( other than legitimate mining men in the vicinity would not be permitted, no* would the water rights be given to any other. He said that powerful interests, in cluding bankers and railroads, were banding together to fight for control of these privileges, Ions: enjoyed and abused, but that the American people were aroused in defense of their sov ereign rights, and that these fancied interests were bound to be defeated. Mr? Pinchot made these statements not as threats, but simply to make his position clear' that the time had ar rived for a more complete control of government and its natural resources than has ever before existed in the U?n tethe Sb aeginning Mr. Pinchotpaid a high tribute to Dr. Joseph A. Holmes, SI recently appointed director of the bureau of mines, created last spring at the instance of the American Min ing congress. As to conservation in general he said: WORK FOB AM. PEOPLE "Attacks upon the conservationists are based for the most part upon mis understanding. The conservationists are working for all the people, and the Dollcy of conservation must eventually benefit all the people. The funda mental principle of conservation is that the natural resources belong to all the people of the United States and should be protected for their benefit. In the past the few have been benefit ed. The people of the nation wish to change this condition and they will. "'As to water power. Every stream should bo made to serve the public to the best advantage and not be per mitted to fall into the hands of the feWfhe people of the United States oueht to be trusted to apply common sense in the handling of their property. Conservation answers the purpose of the people and all should profit there from. The policy of conservation, as the people are coming to see it, is per fectly simple, but I must say that a great combination is now forming among big intorests to fight for the control of the water power of the gov ernment. The government is trying to avoid the passag6|Of these water power rights to the big interests, and all should labor for the preservation of them. •'The rights of state and nation In regard to conservation have been a cause of division among some, but this should not be, for the several states and the nation can work together in conservation in the same harmony as they have labored in the past in all great problems concerning the people. "For here Is a great point to bo con sidered: In relation to water power, for example, conservation is not to pre- OcENTS vent development nor check it. There is no saving so great as that of water for power. It is a matter that affects the very vitals of the people. We want the water developed, but not by the In dividual control. Water is one of tha necessities of life. Every water power site now held by etthor' state or gov ernment should be kept by It and leased. "The conservationists want co-opera- . tion between state and nation and not discord. Both should work together. "As to forests, all should be held in the control of the people and the gov ernment should protect them against fire and other waste. Reforestration should be urged. Great waste has been wrought both by flre and Individual control, but these forests have never been replenished. Every other crop throughout the land is replenished, why not the forests? Private ownership also Is a public trust, and all owners of land should assist in keeping tho forests in repair and should protect them from waste through fire. "Every acre ■ should be put to use by the greatest number of people and the excessive holding by individuals should not be tolerated. Settlement of land must be encouraged and tho land disposed of in fee simple, but sep arate from mineral beneath the sur face which comes under a different head." REFERS TO AGRJCUX.TURAI. LANDS In this respect Mr. Pinchot referred especially to agricultural land in the coal regions. "The object of conservation Is not to tie ■- :> development but to prevent the present generation wasting the natural resources. The coming gen erations have a right to some of tha benefits. "Mining men should accept the prop osition and urge It. We believe in de veloping but not in speculation and monopoly. The people should supervise regulations concerning the natural re sources, seek to prevent the loss of life, fires and accidents in mines. That is fair to all mining men. •"He is an enemy to both state, and nation who picks differences between them. The conservationists are striv ing for the good of all and should re ceive the support of all the people, and national control nor state control should not enter into the controversy. What Is needed is both a national conservation commission and a state conservation commission, and they should work together. In this way all the resources could be handled equitably ana harm would be done to no man. | "The forest service has never at tempted to interfere ■with mining, but as a fundamental fo.ct has endeavored to beat the man who was trying to get control of land under pretense ol legitimate mining." TAKES SHOT AT &UUNOGR Mr. Pinchot referred always to the forestry service as "we," explaining that he did so through force of habit, and took a little shot at Ballinger by; saying, with a smile, that he had not apology to make. Speaking of the leasing system, Mr. Pinchot said: "Conservation must not and will not interfere with the prospector. Any sys tem that did so would not be sound. All the conservationists are trying to do Is to mal^e the prospector's work! easier, to facilitate and not check hia progress. "People of the United States have this idea of conservation soundly in their heads and are adopting it daily, and I note, an they have, that opposi tion to conservation is rapidly disap pearing both effectually and in quan tity. This pollry is here to stay, and, not to boast, but simply to state a fact, the mining men should support It and! help us all, with suggestions and ad vice, rather than holding out, only, in the end, to be chagrined by defeat. Take a hand —that is the wise and sen sible thing to do. No doubt everything objected to can be adjusted, and in this way you will win in the victory with the rest. PATENTS SHOULD RE OIVEV "Now concerning oil: First, men who have made bona-flde locations previous to withdrawal —last fall —and who have been developing in good faith should get their patents. "Second —Oil lands not now located should remain so. Legislation should be made for the development of thesa lands, say for three years, and if oil is found tho government should give a permit to develop for a period of many years, say lor twenty-flve years, anil the operator should pay a royalty, but small enough as not to hamper his development of the land." Mr. Plnchot referred to tho earljr (Continued on Fa«« Slxj