vol. xxxvn. P'RTPT?* f\(\ f^F'TVFT'Q by oaiuueb
NIMBI. II .103 XVJ.VACJ . OU V^JCiil 10 per MONTH
Republican Convention in New
York Makes Nominations
for State Offices
COLONEL LEADS IN THE FIGHT
United States Senator Root Se
lected as Permanent Chair
man at Saratoga
SARATOGA, N. T., Sept. 28.—Tha
Republican state convention tonight
named Henry L. Stimson of New
York aB Its candidate for governor.
The nomination of Mr. Stimson was
one more victory for Colonel Roose
velt, who personally led the tight for
the nomination of his candidate. The
rest of the ticket follows:
For nontenant governor—Edward
For secretary of state—Samuel S.
For state comptroller—James Thomp
For state treasurer—Thomas F. Fen-
For state engineer—Frank M. Wil
For attorney general—Edward «.
For associate justice, court of ap
peals—lrving G. Vann, renominated.
The vote for governor follows:
Henry L. Stimson, 684.
William S. Bennett, 242.
Thomas B. Dunn, 38. i
James B. McEwan, 28.
The slate, as made up this morn
ing by Mr. Roosevqjt, Senator Root
and their advisers, went through
without a hitch.
United States Senator Root waa
named as permanent chairman of the
convention by the committee on per
The report was adopted and Col.
Roosevelt appointed Charles S. Fran
cis of Troy and Speaker Wadsworth
of the assembly to escort Mr. Root to
the chair. There was loud laughter
when Col. Roosevelt started to leave
the platform without Introducing Sen
ator Root. Secretary Gleason hustled
after the colonel and brought him
"Ab I understand you may not Iden
tify the man I am about to introduce,
I am called back to present the per
manent chairman of the convention,
the Hon. Elihu Hoot," Bald Col. Roose
SENATOR ROOT'S ADDKKSS
"No prepared slate of which I have
heard bore my name for permanent
chairman, and no prepared speech
lurks in my pocket or in my hand,
said the senator. "Nor shall I detain
you by any extended remarks from
tho work which you have before you
and from addressing yourselves to the
performance of that wdrk, so that the
deliberations of the convention may
be finished this day and the delegates
be able to return to their homes this
The chairman said there was passing
over the entire country a revolt
against the time-worn form of polit
"Iniative and referendum, recall, di
rect election of senators, direct nomin
ations," said the chairman, "all are
evidence that the people of our country
feel that our forms of political organ
ization do not adequately furnish the
voters of our political parties means
to give effect to their political will."
When nominations were called for
and Nassau county was reached, Col.
Roosevelt took the platform to nom
inate Henry L. Stimson of New York.
He said he held a very genuine regard
for Congressman Bennett, but the situ
ation called for the nomination of an
other man. He then nominated Stim
"Now we have taken high and ad
vanced ground in our platform today,"
continued Col. Roosevelt, "and our
words will reflect credit or discredit on
us accordingly as they arc backed up
by our deeds.
"When* as president' It became my
duty to appoint a district attorney of
New York, I felt that I had to choose
an officer who needed to display qual
ities as great as those of any member
of the cabinet."
COMMENT ON SUGAfc TRUST
Col. Roosevelt said ho had consulted
•with Mr. Root and that "we came to
the conclusion that the very best man
we could name for a task as difficult
and as Important as any to be per
formed in my administration was the
man whom I now nominate. We put
him In and he made good.
"It waa his business to bring to jus
tice the sugar trust, one of the greatest
corporations in the country, which, by
a most elaborate system of collusion
with government officials, had defraud
ed the government out of literally enor
mous sums, representing a vast fortune.
Mr. Stlmson got Justice. Mr. Stimson
convicted man after man in the employ
of the sugar trust.
"He secured a restitution, he secured
punishment. We have said on this
platform that we stood for justice, that
we would punish men in public life and
in business life alike, and that the high
est social or political or business affili
ations should not save the offender.
"Those have been our words and
those have been Mr. Stimson's deeds.
What we have said he has done.
"I feel that we should put on the
platform that we have adopted a man
whose past career is in itself an ab
solute guarantee that he can and will
do th« particular work for which he
is to be elected to do, and therefore
I nominate for the high position of gov
ernor of the Empire state to head the
Republican ticket, Henry L. Stimson."
Colonel Roosevelt was warmly ap
plauded as he concluded
The roll was called by assembly dis
William Barnes, Jr., cast 28 votes for
Mayor James B. McEwan of Albany,
one delegate not voting.
Stimson was nominated on the first
ballot, receiving 654 of the 1015 votes
cast. Bennett received 243, State Treas
urer Dunn 38 and Mayor McEwan 28.
On motion of Mr. Foster, who had
nominated Bennett, the nomination waa
(Continued on Fag* Three)
LOS ANGELES HERALD
MAN NOMINATED BY
N. Y. REPUBLICANS
/Tsiin p!\ *■ \*v%
For Los Angeles and vicinity! Cloudy
Thursday; light I south wind. ' Maximum
temperature, 73 degrees; minimum temper
ature, 58 degrees.
Eleven special trains will bring bankers
to Los Angeles for thirty-sixth annual
convention. , PAGE 16
Board of public utilities will discuss Instal
lation of railway safety devices Monday.
Griffith J. Griffith argues In favor of parole
| plan. PAGE) 8
Wills estate Is again made defendant In
law suit. .- ■ . PAGE 8
Forest Supervisor Harold Marshall exhibits
device supposed to have been used In
starting forest fires.', . PAGE 9
Saturday the luxurious new engine house at
Fifth and Maple will be commissioned.
.•■,.-•• ■ PAGE 9
Resident* along Arroyo Beco protest against- '-•
building of railroad dirt nil. PAGE] 9
Government agents plan campaign against ..
Los Angeles dealers who sell liquor to
Indians. ." PAGE 9
Director Holmes of federal bureau of mines
addresses delegates on preservation of re
sources. • ; ; ' PAGE 1
Plant of American Olive OH company de
stroyed by fire early this morning; loss
estimated at J460.000. . ■ PAGE 1
Baby show to be held at Huntlngton hall
during harvest festival. , PAGE 5
Police arrest David W. Gibbs on suspicion
of being, diamond thief. - PAGE 5
Ten thousand union labor men will parade
Monday night. • £W PAGE 4
Theaters. PAGE 5
Society and clubs. PAGE 6
Citrus fruit report. PAGE 7
Markets and financial. PAGE 7
News of tho-<purt». PAGE) 8
Municipal affairs.; . PAGE 8
Sports. PAGES 10-11
Editorial end letter box. PAGE 12
Pelltlos. ->.:_—. PAGE IS
City brevities. v PAGE 13
Marriage licenses, births, death*. PAGE 14
Classified advertising. PAGES 14-15
San Bernardino Spiritualist church row
taken Into court. ', PAGE 14
Rev. Robert Freeman of Buffalo Is
chosen pastor of Pasadena Presbyter- .
lan church. PAGE 14
Accused forger on trial at Long Beach
gives drunkenness as excuse for
crime. - . PAGE 14
At Santa , Ana aeroplane Is wrecked In
descent and Demonstrator Hlllman Is
Injured. .-., PAGE 14
Adolphus Busch to build big hotel In Santa
Monica at early date. PAGE IS
Recall funds Red and Blue armies even
In mlmlo warfare at Atascadero.
■<■ •.. . . . . PAGE 9
Coroner's Jury ■ formally charge • Dr. '
Thompson with murder of Eva 'C.
Swan. . ■ PAGE 2
■ ■ . ,- ■ ■ - ,'<.■;••"
H. I* Stimson. sugar '■ trust prosecutor, -
nominated by New York OS O. •P. for
governor. - PAGE 1
Judge In Haskell trial rules evidence
be confined to : "conscious participa
tion." •• >■- ■ PAGE 2
Government reclamation experts arrive
•In Reno on tour of Inspection of west- -
crn projects. ( , , • . PAGB 3
State Senator D. .T. " Holstlaw . tells of
receiving • I^orlmer : money. •.. PAGE 2
Jessie Lee Morrison, who killed rival In
love, released from Kansas ' prison.
..... v v , ; - ■ i- PAGE 4
Wisconsin Republicans . adopt ■ radical
platform., ... , . ■ • PAGE 3
No candidate had been selected to head
New . York * state -• Democratlo ticket
when leaders' conference . closed.
. • . . '• PAGE 3
Census reports give figures for several
towns In Massachusetts and Missouri.
. - . . i PAGE 13
At Chicago Aviator Brooklns makes trial
flight over lake front. PAGE 3
PREVENT SALE OF HOME
NEW YORK, Sept. 28.—Justice Gav
gan, In the supreme court today, ruled
favorably on the application by the
three step-children of the late George
Crocker, the California millionaire, re
straining his executors from selling 1
the Crocker home in this city to carry
out the provisions of his will, giving
$1,500,000 to Columbia university for
research In the cause and cure ot can
oer, from which he had long been a
According to the plaintiffs, their
mother devised the house to Crocker
for life, with a remainder to them, and
they made over their Interests to him
with the understanding that each
would receive $300,000 under' his will.
When the will was read, it was found
they had received only $100,000 each.
THURSDAY MORNING, SEPTEMBER 29, 1910.
CO.'S PLANT BURNS;
LOSS IS $450,000
Early Morning Fire Sweeps Big
gest Institution of Its
Kind in World
ORIGIN OF FLAMES UNKNOWN
Hundred Thousand Gallons of Oil
Stored in Tanks Prob
ably Was Burned
The plant of the American Olive com
pany at Twenty-flfth street and Long
Beach avenue —the largest concern of
its kind in the world—was totally des
troyed by fire shortly after midnight
this morning, entailing a loss of $450,
--000. The plant had been shut down
for several months; there was no flre
In the boilers, and the origin of the
flames Is a f mystery.
The building comprising the plant
covered an area of more than two
blocks square. . There were several
separate structures, all of which were
built of steel, lath and concrete. The
lire Is thought to have started in the
main building, where 100,000 gallons of
olive oil Is stored in concrete tanks,
and spread to the adjoining buildings.
The plant was constructed seven
years ago. The building cost $75,000
and the machinery was valued at $160,
--000. C. H. Sessions Is president of
the corporation and W. O. Johnson Is
manager' The directors and stock
holders are prominent citizens of
There were 100,000 gallons of olive
oil, valued at $2 a gallon, and $25,000
worth of olives in the buildings at the
time of the fire. The olives were de
stroyed when the buildings collapsed.
The olive oil is stored in concrete tanks
sunk in the ground and some of it
may be saved.
The company was considered the
largest packer and manufacturer or
olive oil and by-products in tho world.
The concern prepared the oil from
olives grown in California and handled
the entire output of the coast.
According to Manager Johnson in
surance in the sum of $125,000 was car
ried on the plant.
PASSERBY OIVES AXABM
The fire had gained great headway
before it was discovered shortly be
fore 12 o'clock. The first Indication
was when a sheet of flame burst
through the roof. A passerby tele
phoned the alarm to the flre depart
ment, and apparatus from all stations
were hurried to the scene. Because or
the distance from the main flre sta
tions, the flre had spread to the build
ings adjoining the main structure, and
the entire plant was ablaze when tne
The engine house and the office were
the last two to burn. The inflamma
ble nature of the wooden crates,
soaked with oil,' made quick work for
the flames, and streams of liquid flre
hindered the work of the firemen.
The plant is closed during the sum
mer months, the workmen reporting
for duty when the olive season opens
early in October. Manager Johnson
stated that he was having the place
cleaned up and placed in condition
for the coming season. He .declared
that there has jiot been any flre in
the furnaces since the place waa
closed more than two months ago.
The beach lines of the Pacific Elec
tric railroad which pass over the olive
plant were tied up for almost three
hours as a result of tho fire. The
high power wires are strung nearby
and as a matter of precaution the cur
rent was turned off.
Manager Johnson stated last night
that the stock is an entire loss.
"We had 100,000 gallons of olive
oil stored in the concrete vats," said
said Johnson. "This oil is worth $2
a gallon and probably will be valueless
even if some of it is saved, as the in
tense heat will render it unfit for any
purpose. There was $25,000 worth of
olives stored in crates in various parts
of the plant.
"I am unable to even guess as to the
origin of the fire. I will see that a
thorough Investigation, is made."
HALSEY JURY RETURNS
VERDICT OF NOT GUILTY
Clear Former Telephone Com
pany Official of Bribery
SAN FRANCISCO, Sept. 28.—After
several hours of deliberation the jury
in the case of T. V. Halsey, formerly
an official of the Pacific States Tele
phone and TelegTaph company, who
was charged with offering a bribe to a
member of the board of supervisors
under the Sclynitz administration, re
turned a verdict tonight of not guilty.
Halsey, it was charged, sought to
influence the board 1 to vote against the
granting of a local franchise to the
Home Telephone company, the case be
ing one of the great number of similar
actions which arose out of the bribery
graft investigation in this city after
the earthquake and fire.
Immediately after his indictment by
the grand Jury Halsey disappeared. He
was located in Manila many months
later and brought back. Because of ill
health of the defendant the case was
repeatedly postponed, finally coming
before the court about three weeks ago.
YOUNGSTOWN, 0., Sept. 28.—The
dissolution of the Independent Tele
phono company of Seattle, Washing
ton state, was announced here today.
Th» company was capitalized at $1,000,
--000, nine-tenths of which was held by
Youngstown investors. All the stock
has been sold, out and the money was
deposited today in the First National
bank of this city. An unconfirmed
report makes the Bell telephone In
terests the purchaser.
Southern Pacific Has No Title
To Oil Lands
The Government Patent Under Which It Claims Title to
These Lands Expressly Excepts All Mineral
Lands from Its Operation
y The Law in the Case
The oil lands in California now claimed and held by the Southern Pacific Railroad
company by virtue of grants from the United States government were obtained by that
company as follows:
The United States government, by act of congress, made a grant to the Southern Pa
cific Railroad company of each alternate section of government land in a certain area on
each side of its right of way. The law making this grant contained the provision that all
mineral lands' excepting iron and coal lands were excluded from its operation.
In the case of Barden vs. the Northern Pacific Railroad company, decided by Justice
Field at the October, 1893, term of the United States supreme court, it was held that
while titles to mineral lands were not passed by a similar act granting lands to the
Northern Pacific Railroad company, yet when the government patent had been issued for
lands the patent "not merely operates to pass the title but is in the nature of an official
declaration by that branch of the government to which the alienation of the public lands
under the law is intrusted, that all the requirements preliminary to its issue have been
complied with. The presumptions thus attending it are not open to rebuttal in an action
of law. The land department, as we have repeatedly said, was established to supervise
the various proceedings whereby a conveyance of the title from the United States to por
tions of the public domain is obtained, and to see that the requirements of different acts
of congress are fully complied with. Necessarily, therefore, it must consider and pass
upon the qualifications of the applicant, the acts he has performed to secure the title,
the nature of the land, and whether it is of the class which is open for sale. Its judg
ment upon these matters is that of a special tribunal and is unassailable except by direct
proceedings for its annullment or limitation."
In pursuance of the rule above quoted, the court holds that the government should
examine lands granted to railroads where the grant contained the exception as to mineral
lands previous to issuing any patents, and that when the patent was issued it would be
held by the court that the examination had been made and the land decided to be of a non
mineral character, and therefore subject to the grant. This holding is in the following
"The grant, even when all the acts required of the grantees are performed, only passes
a title to non-mineral lands; but a patent issued in proper form, upon a judgment rend
ered after a due examination of the subject by officers of the land department, charged
with its preparation and issue, that the lands were non-mineral would, unless set aside
and annulled by direct proceedings, estop the government from contending to the con
trary, and, as we have already said, in the absence of fraud in the officers of the depart
ment, would be conclusive in subsequent proceedings respecting,the title."
The patent under which the Southern Pacific Railroad company holds its oil lands
in the state of California bears date of December 1, 1894, which is subsequent to the de
cision of Judge Field above referred to.
This patent contains a peculiar exception which appears to have been put into the
patent by the officers of the government executing it for the purpose of guarding, if pos
sible, against the effect of Judge Field's decision on lands which, when the patent was
issued, had not been discovered to be mineral. lands but which might thereafter be dis
covered to contain mineral. This exception is as follows:
"YET EXCLUDING AND EXCEPTING ALL MINERAL LANDS, SHOULD
ANY SUCH BE FOUND IN THE TRACTS AFORESAID, this exclusion and excep
tion, according to the terms of the statute, shall not be construed to exclude coal and
iron lands." • I
The Southern Pacific Railroad company, of course, can have no moral right to oil
bearing lands because congress when it passed the law granting it certain government
lands specifically excepted from the grant all mineral lands excepting lands bearing coal
Oil lands under the classification of lands made by the government are mineral lands.
If patents have been granted to the Southern Pacific Railroad company for oil landsi it
was evidently on account of an error made by the department of the interior in classifying
the public lands. It is also evident that it was the intention of the officials who framed
the government patent under which these lands are now held by the Southern Pacific
Railroad company to provide against errors of jus* this kind when the patent under which
the lands are granted provided, "YET EXCLUDING AND EXCEPTING ALL MIN
ERAL LANDS SHOULD ANY SUCH BE FOUND IN THE TRACTS AFORE
This exception is evidently intended to provide against just what has occurred, to
wit: The discovery after the patent had been executed that some of the lands included
in it are mineral lands. Such discovery having been made in the case of the oil lands
described in the patent to the Southern Pacific Railroad company, this exception should
take effect and the title to these lands held under the patent should be declared void and
the land returned to the government. This is morally right, and it ought to be legally
right. Whether it is or not, no man can say until the supreme court has passed upon
this peculiar clause in the Southern Pacific Railroad company patents, a clause which
up to the present time has not been adjudicated. Certainly, however, it furnishes ample
ground for an attempt on the part of the government to right which, if permitted to stand,
would be a'great wrong to the people of the United States. ,
The Southern Pacific Railroad 'company has recently had an expert go over the lands
which it holds in the state of California by virtue of the government patent founded upon
a grant which expressly provides that no land of this character shall pass by its terms.
This expert has reported to his employer, the Southern Pacific Railroad company, that
its oil lands in the state of California are conservatively valued at more than $50,000,000.
In point of fact, if its lands in the Midway fields alone produce anything like the other
lands of similar character adjoining them, the oil in them will be worth several times
$50,000,000 when the same comes to be developed.
If the interior department is ever relieved from Mr. Ballinger's presence and a man
is put at the head of it who is more interested in protecting and securing the rights of
the people than he is in serving special interests, proceedings will no doubt be promptly
undertaken to test the effect of the provision of the patent above quoted under which
the Southern Pacific Railroad company holds its oil lands. That such proceedings should
be had, and had promptly, no one can doubt. It may be said that it is the opinion of
many good lawyers who have investigated the matter that by virtue of the exception
above quoted these oil lands, which were undoubtedly patented to the Southern Pacific
Railroad company through error, can be recovered to the United States, as they should
be by every consideration of right and justice.
v |\ / i I? t 1 Infirm • DAILY to. ON TRAINS 80.
isJ.il KjlLilli VUI APjk!s . SUNDAYS 5c ON TRAINS 10a
MINERS WILL GAIN
BY FEDERAL PLAN,
Director of Mines Delivers Signifi
cant Address Before Con
gress in Session Here
VAST WORK OF NEW BUREAU
Dr. Christy of University of Cali
fornia Predicts Establish
ment of National Dept.
10:00 ». m.—Announcements.
10:15 a. m.—lntroduction of resolutions.
10:30 a. m.—Report of resolutions com
mittee on resolutions bearing on tbs
conservation of public lands ques
11:00 a. General discussion of the
conservation and public land reso
lutions reported back by the resolu
11:30 a. m.—Report of the committee on
"Mine Accidents," by J. Parka Char
ming, New York.
':.'• AFTERNOON SESSIOW
2:00 p. m.—^Announcement*.
■ 2:13 p. m.—lntroduction of resolutions.
2:30 p. m.—Discussion of conservation
on public land resolutions continued.
3:30 p. —Report of forestry commit
tee, A. G. Brownlee, Idaho Springs,
4:00 p. —Report of committee en
standardization on electrical equip
ment of coal mines, S. A. Taylor,
4:30 p. m.—Report of committee on
standardization of equipment In
metal mines. General Irving Hale,
Denver, Colo. .'■'.'')
8:00 p. m.—Annual meeting of mem
bers. At this meeting three direc
tors to be elected and other routine
business of the membership organi
zation will be disposed of.
8:45 p. ra.—Beading by Captain Jack
Crawford, "The Fuel Scout" of Ari
9:15 p. m.—Address, Honorable Frank
-■' • O. Tyrrell, "Los Angeles, Cal. , ' - ■*■ :*L
Conservation in the highest sense
of the term will be, according: to Jo
seph A. Holmes, director of the United
States bureau of mines, in an ad
dress before the American Mining con
gress last night, the chief object of
that newly created agency of the fed
Dr. Holmes, who was from the start
the miners' choice for the position of
first director of the only representa
tive body they ever have had at
Washington, has shown that he is in
full accord with the requirements of
the miner and will labor for his good
In every respect, and most important
of all In an endeavor, with tho assist
ance of the government and the mine
operators, to lessen the loss of life
In the mines and In preservation of.
the natural resources for the best
and most general use of the people.
Dr. Holmes, however, was particular
to emphasize that this bureau was
not a political proposition, and that
In so far as political conservation ia
concerned, if such a thing exists, tha
bureau of mines would have nothing
to do with it. What might be con
sidered a commercial conservation and
a humane conservation were the klnda
that were discussed by Dr. Holmes.
Referring to the creation of the bu
reau of mines last spring. Dr. Holinea
said that the whole country recognized
the fact that the American Mining
congress was responsible for bringing
the necessary influence to bear at
Washington and to it great credit was.
POIJCY OF NEW BtTREATJ
As to policies of the bureau, Dr,
Holmes said that one of the most im
portant will be the development of!
greater safety and efficiency in minea
and to prevent so far as possible the
loss of life in mines. The chief pur
pose of conservation, as Dr. Holmes
gees it, is that the loss of human life)
shall be minimized and that the re
sources be used in the most careful
manner possible, removing the great
est amount of waste not only in the
raw products, but in the semi-refined
and the refined products as well.
To do the latter means that the gov
ernment has a great task before it,
hut one which, If successful, will
cause probably nine-tenths per cent
of the raw product to be raflnad,
whereas, at the present time, in tha
case of many of the minerals, nine*
tenths Is wasted.
The teat of explosives has been one
of the first tasks of the bureau o«
mines, and Dr. Holmes said last night
that the powder men themselves are
applying for permits to have their ex
plosives tested, thus showing how;
eager men connected with the mining
industry are to co-operate with the
With respect to publicity. Dr.
Holmes said that the bureau would sea
to it that everything of Interest to the
people would be given them direct
from the bureau in the best and most
honest way possible, thus removing
any doubt as to the workings In mines.
The bureau will work for the good
of all the states and will seek, there
fore, the full co-operation of them all,
so that the loss of human life may
be lessened and that the individual
and general problems of mining may
be worked out to the satisfaction of
SYSTEM TO AID MINERS
A statement that won applause from
the audience was that tha bure.iu of
mines will work for the interests of
mining men and the mines and that
It will be most vigilant in defending
the mining men's cause at Washington
and elsewhere to the extent of its au
Dr. Holmes denied that the bureau
would, In advancing Intelligent con
servation. In any way advocate or
work for curtailment in tho develop
ment of the natural resources. Waste,
and its elimination so fur as possible*
; (Continued on fago BUi,
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