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you xxxm. PRICE: 50 CENTS BY carrier MlMBMta LixLKjlLt. «>l> \~>MlilX In PER MONTH MUST REGAIN OIL LANDS FROM S.P. ADMITSBALLINGER Secretary of Interior Says Public Agitation Shows Need of Action by Congress ANXIOUS FOR COURT FINDING Finds Railway Co. Has Recently Grabbed 334,000 Acres of Land in Mineral 3elt WASHINGTON, Nov. 14.—Declaring the public agitation regarding the dis position of oil on tho public domain in California emphasizes the necessity for congress providing a method for the exploitation of these resources which will protect tho interests of the public, Secretary Ballinger tonight issued a statement on the situation. "It must be borne in mind," the sec retary explains, "that if the govern ment does not obtain a decision in the courts reserving oil lands heretofore patented to the Southern Pactic Rail road company it would materially af fect the policy which should b.' de veloped by congress. The railroad, if the owner of the odd sections will be enabled, with its checkerboard hold ings, to drain the oil from the reserved public lands while the government keeps them under reservation." In September and October, 1910, ap proximately 334,000 acres of land were patented to the Southern Pacific in Kern, San Bernardino, Riverside, San Diego and Imperial counties lifter hav ing been examined and reported by land office agents to be non-mineral. All the lands are more than fifty miles away from oil withdrawals made by tho president and the secretary of the in terior and are out of the general course of oil discoveries In California. On November 7 oil -was struck in Kern county, and after investigation certain sections were recommended for withdrawals. None of these lands were included In the railroad patent, except about 480 acres, according to the sec retary. An investigation is being con ducted by the land office with a view to instituting proceedings for the vaca tion of this patent, should evidence be found that the lands were known to be mineral prior to its issuance. PRESIDENTIAL PRIMARY BILL WINS IN OREGON Voters to Express Preferences Before National Conventions PORTLAND, Ore., Nov. 14.—Belated returns from nearly every county in tfle state indicates the adoption at the recent election of a constitutional amendment granting the voters of Ore gon the unique privilege of expressing their preference for president and vice president in 1912 before the national conventions of the Republican and Democratic parties shall have been held. This is the only state in the Union where the electorate will in struct delegates to the national con ventions as to the men to support for those positions. Furthermore, Oregon voters will select their own presidential electors as well as vote for them, and also will select the delegates to the national conventions. The state treasury will pay the expenses of the delegations. MOB IN TOWN OF MEXICO STONES AMERICAN CITIZENS Rioters March Through Streets and Make Fiery Speeches EL, PASO, Texas, Nov. 14.—1n a ra cial disturbance at Chihuahuu, Mexi co, Sunday afternoon, a party of Americans were stoned. The mob first assembled at Hidalgo plaza, where in cendiary speeches were made, and then mareheil up the streets shouting "Remember Antonio Rodriguez." For a time the mob divided into three sections and marched through several streets, finally assembling at the Alameda plaza. A party of prom inent American residents of the city, who rode by, were stoned and insult ed. The street cars were stopped and for a time the mob had possession of the city, but finally dispersed. SACRAMENTO POLICE TO FIGHT SOUTHERN PACIFIC SACRAMENTO, Nov. 14.—The entire police force of the city will be held in readiness tomorrow to back the super intendent of streets in enforcing the order to clear away the obstructions piled by the Southern Pacific railroad in the path of the track laying opera tions of the Northern Pacific, on the ground that the city streets have boon obstructed, according to the instruc tions issued at a meeting tonight of the city trustees. When a crew of Hindu track layers for the electric road attempted to con tinue their efforts yesterday afternoon, a tug of war followed with the steel rails and big ties as the bone of con tention. The Southern Pacific forces ■won a temporary victory, but It was necessary for Resident Engineer Har rington to produce a fire hose and from the window of an engine cab turn a torrent, first of cold and then of hot water, on the band of electric work men, i . I. Hi'- URUGUAYAN REVOLT ENDS MONTKVIDEO, Nov. 14.—Rebellion 1-ame to an end today with the un conditional surrender of the rebels, who gave up their arms and trust to the magnanimity of the government in the matter of punlßhmont. LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY FORECAST For T,os Am; <■!<■» and vicinity: Cloudy Tuesday light north wind, changing to south. Maximum temperature yesterday, 68 decrees | minimum temperature, 04 degrees. LOS ANGELES Lccal bank statement shows Increase of more than tL',OOO,OOO In deposits In four months. PAOE 7 Board of works will ask council to ap propriate advance fund to continue aque duct engineering work. PAGE 8 Los Angeles ordinance prohibiting picketing: held valid by supremo court. PAOE3 4 Deputy clerks are swnrn In to canvass election returns officially. PAGB 4 City planning conference at first session begins nrtlve campaign for building fifty model concrete homes for poor. PAGE i Messengers who walked out from Western Union agree to stand together. PAGE 18 Cafe management accused of com mercializing wallers' tips. PAGE 8 Master of 111-fated bark Alden Besse re leased from Jail on bond. PAOE 8 Two little girls are made exhibits In a divorce case. PAGB « Former Senator William A. Clark arrives In Los Angeles and discusses big projects In this section with which he is con nected. PAOB 9 City prosecutor says Talamantes drew pay for services rendered to Mexico. PAOE 9 Mayor sums up ohjectlons to bond con tract In message to council. PAGE 9 Woman and man' companion arrested for stealing silks from downtown store. PAGB 9 Enraged negro shoots Into crowds in street, probably fatally wounding pedes trian. PAGE 9 Automobile rushing two victims of accident to hospital runs down woman. . PAGE 9 Shipment of scale-Infected oranges arises from Porterville and excites citrus /Am. fAOE 11 Artists will assist In saving home for Mrs. Vldal. . PAGE 11 Four cracksmen overpower watchman and blow open safe, getting 160. PAGE 11 General Secretary Luther believes next International Y. M. C. A. convention will be held here. PAGE 11 Charges against Chief of Folio* Galloway preferred by Harry Dean "are filed with commissioners. . . PAGE 16 Theater*. PAGE 6 Society, clubs and music. . PAGE 6 Oil and mining. PAGE 6 Markets and financial. PAGE 7 News of courts, PAGE 8 Municipal. PAGE 8 Building permits. V . PAGE 8 Editorial and Letter Box. PAGE 10 City brevities. PAGE 11 Personals. PAGE 11 Sports. PAGE 12 Marriage licenses, births, deaths. PAGE 13 Classified advertising. PAGES 13-16 Shipping. \ PAGE 16 SOUTH CALIFORNIA Long Beach T. M. C. A. secretary arrested by mistake In Los Angeles. PAGE 13 Pasadena horse trader scares girl, bluffs laundry, gets knocked down and winds up with Jail sentence, and fine. -...,- PAGE IS Four well-known San Bernardino youths arrested as robber gang. PAGE 13 COAST Aged woman found murdered in vacant lot; ex-convict arrested for crime. PAGE 3 Prisoner at Phoenix tells officers of crime committed In Texas. PAGE 4 Secretary of Navy Meyer decides to re tain both naval dry docks on Pacific coast. ,PAGE -9 EASTERN Secretary Hallinger Issues warning against Southern Pacific oil holdings in Cali fornia. PAGE 1 Aviator Ely flies from United States cruiser and demonstrates use of aero plane In war. PAGE 1 Negro forced to game Into eyes of dead girl In third-degree test. PAGE 2 J. Plerpont Morgan to present modern tuberculosis hospital to French watering place. " PAGE 2 Samuel Gompers in speech at American Federation of Labor scores congress ma jority for attitude toward labor legisla tion. PAGE 3 Vice President Clapperton of Commercial Cable company tells of Western Union and English merger. PAGE 3 lowa's new senator says that he and Senator Cummins* are now friendly. PAIOE 3 Coroner's Jury finds that killing of Foot ball Player Munk was accidental. ■ PAGE 2 Governor of Texas prepares to resist armed Mexicans marching to border. PAGE 1 Four thousand former striking express men In New York return to work. • PAGE 2 President of American Federation of Catho lic Societies says Catholics are entitled to more public offices. PAGE! 8 FOREIGN Nuptials of Victor Napoleon and Princess Clementine are celebrated In Italy. PAGE 1 Tolstoi stricken by fever at small railway station in Russia. PAGE 1 American bluejackets protect leader' of Honduras revolution. .. PAGE 3 MINING AND OIL •Agency now handles oil from Midway and Sunset fields. PAGE 6 Oil men name part of committee to pro to Washington. PAGE 6 Misleading . prospectus causes arrest of promoter. ■ ' PAGE 6 Copper Queen begins work on new smelter. •" ■!><• ■ PAGE 6 KENTUCKY FEUDIST IS RIDDLED WITH BULLETS Young Desperado Finally Rounded Up in the Mountains LEXINGTON. Ky., Nov. 14.—"Bad Jake" Noble, who shot and killed Jail er Wesley Turner, of Breathitt county, in Jackson, last Tuesday, was him self shot to death by a sheriff's posse in Knott county late today. Only meager details have been re ceivod, but it is said that when the posse called upon Noble to surrender, ho resisted and was riddled with bul lets by members of the posse. Rewards aggregating $700 had been offered by the authorities of Breathitt county for the capture of Noble, dead or alive. Noble, who was but 22 years old, had previously killed three men. After killing Turner he escaped into . the mountains. Noble was first heard from In tho "Lost Creok" section of Breath itt county, where for two days he Is understood to have boen under the protection of armed henchmen. TUESDAY MORNING, NOVEMBER 15, 1910. MANBIRD FLIES 5 MILES FROM SHIP; AMAZES NAVY MEN Ely Shows That Biplane Is a Fac tor That Must Be Reckoned with in War NEW MARK SET FOR HISTORY Aviator's Trip from Cruiser Bir mingham Across Chesapeake Bay First of Kind (Associated Pres^ PORT MONROE, Va. ( Nov. 14.— Aerial navigation showed today that It Is a factor which must be dealt with In the naval tactics of the future. If the successful flight made by Eugene B. Ely In a Curtlss biplane from the crulsor Birmingham can be taken as a criterion. From Hampton Roads, the scene forty-five years ago of another epoch making event In the history of warfare, when an ironclad proved Its superiority over the former type of fighting vessel, the aviator today (lew across the lower end of Chesapeake bay, landing on the shore opposite this fort. In weather conditions unfavorable for flying, Ely shortly after 3 o'clock glided from the platform erected on the front of the cruiser, swooped down until he touched the water, then rose rapidly and was off in the direction of thR Atlantic. Four minutes later he was lost on the eastern horizon, and an instant later had landed safely on Willoughby spit. The impact with which the machine struck the water after its 37-foot drop from the cruiser split a small piece from a propeller blade. SPEED NOT LESSENED But the speed of the ship was not lessened, and it darted away with ex press train rapidity on its flight. Intermittent rain throughout the day, several hail showers and a continuous fog almost compelled the aviator to postpone his attempt. But he was de termined to prove, as he said after the flight that he could accomplish more than had been expected. Furthermore, he did . not wait for the Birmingham to get In motion, which would have added to his momen tum, and thus have aided him, but seiz ing a^ opportune moment between showers he was oft before those on the ship with him and on the other ves sels stationed nearby to follow and assist him in case of need, were aware that he was ready. . Ely today said it would be an easy matter for an aeroplane to alight on a vessel, whether moving or standing still. Naval experts who witnessed the flight expressed their belief that the navies of the future must take the aeroplane into consideration. MAY BE USED FOX SCOI'TING Capt. Washington I. Chambers, who had been detailed by the navy de partment as chairman of a board for aeronautical investigation, declared the flight was more than he had antici pated, and is confident the time is near when all scout cruisers will be equip ped with aeroplanes. They would not bo of fighting use, he explained, but for scout duty. The machine in which Ely flew was the one that Glenn Curtis used on his Albany-to-New York flight. It had seen two previous cross-water flights, one over Lake Erie from Euclid Beach to Cedar Point and back, a distance of seventy miles; the other by Curtiss himself over the Atlantic ocean, off At lantic City, when it covered fifty miles. The distance which Ely flew today was nearly five miles. It was 3:16 when he took to the air; five minutes later he was .safe on Virginia soil, a few miles north of Norfolk: Ely returned to Norfolk immediately after the flight. If weather conditions are favorable tomorrow he will at tempt a flight over the city. It is understood Ely by his flight today won a $5000 prize, offered by John Barry Ryan for the first flight of a mile or more from any ship to land. PREDICTS THAT AIRSHIPS WILL HAVE FIVE ENGINES KANSAS CITY, Mo., Nov. 14.—Ralph Johnstone, of this city, who recently broke the altitude record for aero planes, stopped here for a visit yes terday, and predicted a great futuro for the heavier-than-alr machines. He is on his way to Denver. In speakng of the future of the aeroplanes, John stone said: •■The machines will be much bigger, perhaps a hundred times bigger than those of today. It will require four men to operate them, and they will have four or five engines. They will have a comfortable state room and ob servation platform. They could do all that now if they had the engines." AVIATORS ARRIVING FOR DENVER MEETING DENVER, Nov. 14.—Walter Brook ins is first of the aviators who will take part in the meet of the Aero, Club of Colorado, beginning Wednes day, to arrive in Denver. He came from Chicago today and was followed by his biplane, which he housed at Overland park this afternoon. Ralph Johnstone is expected to arrive to night and Archie Hoxsey will come later. In addition to these three men, three amateurs, Edward Aurand and Wayne Abbott of Denver and Samuel Pierce of Colorado Springs will make aerial efforts during the three days' meet ing. STORM STOPS AVIATOR BRUSSELS, Nov. 14.—M. Leganeux, who made a flight with a passenger from Paris to Brussels yesterday In 3 hours and 16 minutes in competition fur the $3u,000 prizo for tho fastest round trip through tho air, abandoned tho return flight to Paris today be cause of a sturm Count Leo Tolstoi, Philanthropist, Who Is Seriously Ill with Fever, Which Halts Trip Into Voluntary Exile s VICTOR NAPOLEON WEDSCLEMENTINE Pretender to French Throne and Belgian Princess Marry in Italy TURIN, Italy, Nov. 14.—The mar riage of Prince Victor Napoleon Bona parte, cousin of King Victor Emman uel, and pretender to the throne of France and Princess Clementine, daughter of the late King Leopold of Belgium, which has been looked for ward to with much interest, was cele brated today at Moncalleri, a village picturesquely situated a few miles from here. The ceremony took place in the roy al castle erected in the fifteenth cen tury, to which Princess Clotilde, sister of King- Humbert and mother of Prince Victor Napoleon, retired after the ov erthrow of the French empire. Public rejoicing marked the occasion. The streets were profusely decorated, bands played in the squares, and (lags waved from the castle, from the mu nicipal buildings, and from many pri vate houses. The members of the Savoy and Bon aparte families were present. The witnesses for Princess Clemen tine were Prince de Ligne d'Aremberg, representing the King of Belgium, and Archduke Fritz of Austria. Princess Clementine received a letter from the pope imparting the apostolic benediction to her and her husband. The latter received messages of loyalty from the Bonapartist committees in France and Corsica. The papers recite how the late King Leopold steadfastly refused to permit the marriage of his favorite daughter to the pretender to the throne of a friendly power. Since the accession of King Albert It was known that the royal objections had been removed. This was due largely to the tactful attitude of the prince himself, who al ways refrained from attending official fetes and ceremonies at Brussels and from In anyway embarrassing the re lations between Belgium and France. The situation of Princess Clemen tine in Belgium, where the two will live in sumptuous style, will hence forth be modified In conformity with the attitude of her husband. She will retain the rank Of prlncww, but re nounces official and state, honors and gives up her residence at the royal palace as well as the income of $15,000 a year, which, under the Congo an nexation law, ceases at her marriage. Among the- Rifts for the bride one of the most beautiful was that of the Dames de France, a dressing table emblazoned with the Bonapartlst eagle an dthe Flemish Hon. AIR RACES AT ATLANTA ATLANTA, On., Nov. 14.—A three day aviation meet for Atlanta has been arranged to begin December 15 at the Atlanta speedway grounds to con tinue through the 17th. LAUNDERS GREENBACK; BANK TURNS IT DOWN WASHINGTON, D. C. Nov. 14.—A mistake that may become common If the government finally decides to laun dry dirty paper money came to atten tion of the treasury officials today. A woman in New York received an extremely dirty silver certificate. She promptly washed and Ironed the bill. It came out of tbe process bright and clean and she took it to the bank. It looked so strange that the bank teller prunounced the note counterfeit and semt It to Washington for Inspection. "The only thing ihe matter with that,"s smiled Chief WHkle, "is that It's clean." POSSES FAIL TO CAPTURE SLAYER OF POLICE CHIEF Mob in Oklahoma Is Searching for Mexican Fugitive > ANADARKO, Okla., Nov. 14.—Posses today continued in vain the search for Oscar Opel, the Mexican slayer of Chief of Police Temple. Though the posses have diminished in size, about 250 men are still scouring the country burning away brush that could be used for hiding places. It is rumored that Opei took dinner at a farm house near Anadarko. The farmer described a man who resembled Opei, but many believe the Mexican has escaped into Comanche county and is near Lawton. It is believed all danger 6f lynching has passed. MEXICAN REPRESENTATIVE QUESTIONS NATIONALITY GUTHRIE, Okla., Nov. 14.—Senor N. M. Berazaluco of Monterey, Mex., who is here representing the Mexican gov ernment in the Kickapoo extradition case, said tonight that he had been in communication with the Mexican con sul at Kansas* City in regard to the Anadarko Incident, but only on the question of Opei's nationality, and that he had been unable tp obtain any defi nite information along that line. "I do not believe the man was a Mexican," said Senor Berazaluce. "Whenever a man from Texas, New Mexico or California who happens to be of Mexican descent gets into troubls in this country the papers say he Is a Mexican, then the yellow papers in Mexico tako it up and the trouble starts." WANTS SOCIALIST EXPELLED ST. PETERSBURG, Nov. 14.—Pre mier Stolyptn Informed the duma to day that the Socialist leader, Cheidge. Tiad boon elected on false credentials and requested his expulHlon. Cheidge lived tor yean on his brother's pau port to escape the consequences of an earlier political career. artr/iT 13 /~i/"YDTI7'*«I • DAILY «<•. on trains 50. SINGLII* CUJrliliO . SUNDAYS 50. ON TRAINS 10* ARMED MEXICANS MARCH TO BORDER Texas Governor Calls Rangers to Resist Invaders—May Order Out Militia AUSTIN, Texas, Nov. 14.—Governor Campbell tonight received a long dis tance call from the sheriff of Edwards county, saying he had received a tele gram from Del Rio to the effect that armed Mexicans were marching to Rock Springs because of the recent lynching. Governor Campbell ordered the sher iff to have all the sheriffs and deputies from surrounding counties report to him at once. The governor also is get ting "into communication with the state rangers. If need be, the governor will order out the state militia. EXPECT TO PROVE LYNCHED 'MEXICAN'WAS BORN IN U.S. WASHINGTON, Nov. 14.—The ful fillment of President Taft'a promise to President Diaz to bring about the pun ishment of the persons who burned the supposed Mexican, Antonio Rod riguez, at Rock Springs, Texas, and to protect Mexicans in this country, ap pears to depend on the good will of the governors of Texas and Oklahoma. Governor Campbell of Texas already has promised to make an investigation of the lynching and a telegram re ceived at the state department last night from (lovernor Haskell, in an swer to an urgent request from Secre tary Knox to guard the safety of Mex icans in Oklahoma and especially to prevent any attempt to lynch the man, supposed to be a Mexican, who killed the chief of police at Anadarko, pledges the governor to comply with the request. The state department has not been able to confirm the report that Ito<. riguez was not a Mexican, but a na tive born American, but is expected that investigations now in progress will clear up that point. A telegram from United States Am bassador Wilson in the City of Mexico informs the state department that Sun day passed without any recurrence of the anti-American outbreaks. SIX SINK WITH BOAT NEWPORT NEWS, Va., Nov. 14.-~ Carrying with her to a watery grave Captain Soderbers and his crew of five men, the whalobark barge Baroness, bound from Newport No.ws for Provi dence, R. 1., in tow of th« whaleback steamer Bayport, sank off Firn Isl and, N. V., Inst Thursday nlgM being run down by an unldontillcd square-rigged ship. 2 CENTS TOLSTOI STRICKEN BY FEVER; FLIGHT TO EXILE HALTED Hardships of Journey, Mental Strain and Rupture from Family Break Author LIES ILL IN RAILROAD DEPOT Daughter Who Overtakes Patriot Acts as Nurse—Was Bound to Join Followers TULA, Russia, Nov. 14.—Broken down by the hardships of a winter Journey, mental strain and rupture with his family, Count Leo Tolstoi to night lies with a high fever In the little railroad station at Astapova, eighty miles from his homo. Tolstoi was attended by Dr. Mako vetsky, his sole companion when he left his home a few clays ago, and car ried with him medicaments for such an emergency. Tolstoi's daughter Alexandra la act ing as his nurse. His temperature Is 101, indicating, probably, a serious con gestion and of itself an alarming symp tom in one of Tolstoi's ago. Even if'he recovers there can be no possibility of his continuing the jour ney to the Caucasus, where he hoped to end his life among the Tolstolan colony on the shores of the Black sea. He drove In a carriage last evening from Shamardino to Kozelsh. accom panied by his daughter Alexandra and Dr. Makovetsky, in order to cover his movements, and announced he was go ing to Moscow, where he has a house. Later, however, the party changed cars and boarded a local train, proceeding in the direction of Caucasus. - Tolstoi, with his two companions, made his way to an unventllated third class compartment, crowded with peasant!. The atmosphere was stifling, and he developed such a fever that Dr.' Makovetsky thought it unwise to at tempt to reach Dankov, the first town of any considerable size. They left the train at Astapova, a little flag station. There is no hospital there and only a few peasant huts. STORY OF PILGRIMAGE Little by little the story of the auth or's pilgrimage to date has become known. In company with his physi cian, Dr. Makovetsky, Tolstoi went from Tula to the ancient cloister of Shnmardino in the province of Kaluga, where he remained the guest of his sister, Marieu. The latter for many years has been a nun at the cloister, which was founded 500 years ago. The nuns mingle with the world, devoting themselves to good works. iin the way to Shamardino, Count Tolstoi stayed overnight at the mon astery of Optinan. Before entering ho asked: "I am the excommunicated, anathe matized Tolstoi. Is there any objec tion to my staying here?" The reply was: "It is both a pleasure and a duty to offer you shelter." Tolstoi spent the day in the discus sion of religious subjects with an aged monk whom he had met on a visit to the monastery seventeen years ago. The following morning the count re sumed hU pilgrimage. He is clad in a peasant's suit of rough material and wears high boots. He carries no pass ports and when he left home he took only $17 With him. However, his daughter Alexandra, who had learned her father's intentions, contrived to se crete $150 in a pocket of Dr. Makovet sky's clothes and if the count suffers for the necessities of life it will be because he elects to do so. Alexandra has since Joined her father at Shamar dino. MAY JOIN DOUKHOBORS LONDON, Nov. 14.—A news agency dispatch from St. Petersburg says it is reported that after a brief stay in a monastery, Tolstoi will proceed to Canada to join the Doukhobors, fol lowers of his teachings. LOST BILLS EXTRACTED FROM HEIFER'S STOMACH rfoman Drops Pocketbook and Animal Eats up $118 SPARTANBURG, S. C, Nov. 14- While milking her cows today, Mrs. L.uther Calvert, who lives at Clinton, dropped a pocketbook containing five twenty-dollar bills, a ten, a five and three ones, and a silver quarter. The money was missed an liour later and thorough search revealed the quarter which showed signs of having been chewed on. A young heifer in the yard had a guilty look and a veterinary surgeon was summoned. The roll was extricat ed from the stomach of the heifer in a badly mutilated condition. The bills were sent to Washington to be re deemed. COUNTRY POSTOFFICE REPORTED DYNAMITED PORTLAND, Ore.. Nov. 15.—A spe cial to the Oregon lan from Kelso, Wash., states that It Is reported them that the postoffico at Skamokawa, Wash., was destroyed by fire last night Immediately following an explosion of dynamite and that the postmaster was injured. No particulars are obtainable this morning. According to the postal au thorities In Portland tho postmaster there is Llewellyn Kennedy. ARTIST LA FARGE DEAD PROVIDENCE, R. 1., Nov. 14—John La Fargo, the artist, died hero tonlffht. He was brought to the hospital about three months apo from Newport, fol lowing a general breakdown, and his death was not unexpected. His wife was at his bedside when death came.