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Los Angeles herald. [microfilm reel] (Los Angeles [Calif.]) 1900-1911, December 11, 1910, Image 11

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn85042462/1910-12-11/ed-1/seq-11/

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io irons: P.
Other Suits to Follow Action to
Wrest Control of Hold
ings from Railroad
CASE INVOLVES $10,000,000
Government Seeks Claims Held
by 'Big Business' Valued
at $500,000,000
(Continued from Pace One)
for said Southern ' Pacific Railroad
company In' the premises— and by
which; affidavit was falsely, fraud
ulently, 'dishonestly and unlawfully
stated and sworn, among other things,
that the said lands claimed as afore
said, including^ the lands hereinbefore
particularly described, were not ; ln
terdicted mineral lands' and j were of
tho character contempluted by the
aforesaid grant, which said statement
was false In , this, that all. of Bald
lands contained • rich and valuable
deposits of minerals, and , were and
aro mineral • lands, and none of Said
lands were of the character contem
plated by ■ tho aforesaid I gTant, but
on the ' contrary, ull of '. said .. lands
were' by tho terms of said grant ex
pressly excluded and exempted . from
tho operation thereof, all Of which
facts were then and them and there
tofore wfell known to the said South
ern- PaclHo Railroad .company .and
the said Charles "W. Eberline; all of
which Bald falso Statements,and rep
resentations were made for the pur
pose of deceiving tho ' plaintiff -and
the plaintiff's - said officers having
authority <ln the premises, and In
ducing the 1 Issuance of a patent for
said lands fraudulently and unlaw
fully claimed by such defendant, the
Southern Pacific Itailroad company,
as aforesaid.;'
"pVlntlff's said officials were de
ceive I by the , aforesaid false state
ment, \ and representations and . wero
indue to and did bqlievo and rely
upon\\ald false and fraudulent state
ments, knd representations; and there
by tin said • officers of the United
States \Wero Induced to and did omit
to maketany examination, Investigation
or adjudication as to the character of
said lands, but on the contrary, re
lying wholly upon the aforesaid false
and fraudulent statements and repre
sentations made by - and on behalf of
said defendant, the Southern Pacific
Railroad company, as aforesaid, and
acting upon the belief that all of said
statements and" 1 representations wore
true, induced Uy and on behalf of said
defendant, the. Southern Pacific nail
road company, as aforesaid, plaintiff's
said offlcerß were induced to and;dm
cause to be Issued tho plaintiff's pat
ents for said lands hereinbefore par
ticularly described, which said patent
, bears date of, December 12, 1904, and
a true copy of which said patent la
appended hereto | marked . exhibit 'A'
and Is hereby made a part hereof. •
"By <the aforesaid' false and fraud
ulent , statements } and representations,
made by" and on behalf of said de
fendant, the Southern Pacific Railroad
■ company, as aforesaid, plaintiff's said
officials were induced to and did omit
to make an examination, investigation
or Inquiry whereby the true facts in
the premises might have been discov
ered; and omitted to in any manner
adjudicate or determine, whether any
• of said lands were In fact mineral or
'. non-mineral In character, or were In
' fact of the character contemplated by
the aforesaid grant, but on the con
trary said patent was issued /vholly in
reliance upon the aforesaid false and
fraudulent statements and representa
tions made by and on behalf of said
Southern Pacific Railroad company, ns
aforesaid; and by the aforesaid false
and fraudulent statements and repre
sentations plaintiff's said officials were
further induced to and did omit to
Insert in said patent any clause or pro
vision excepting or excluding from the
operation thereof mineral lands In com
pliance with the provisions of. said act
of congress approved July 27, 1866, and
said joint resolution of congress ap
proved June 28, 1870. . ,
"Further designing and Intending to
defraud the plaintiff and to conceal
the aforesaid frauds practiced upon
the plaintiff, as aforesaid, • and for the
further purpose •of . securing : to said
defendant, the / said Southern , Pacific
■ Railroad company, and, the said de
fendant, the - Southern Pacific-- com
pany , the benefit ; of : certain' mineral
lands fraudulently . and unlawfully
claimed by said defendant, the South
ern Pacific Railroad company, as
aforesaid, Including those certain lands
hereinbefore particularly described, tho
defendant, the Kern Trading and Oil
' company, was organized under and by
virtue of the laws of the state of Call
fornia as a mere dummy corporation,
for the benefit and use of said, de
fendant, the Southern Paciflo Railroad
company, and the said , defendant, the
Southern Paciflo company. And in
their behalf, some secret agreement, in
the nature of a mineral lease or other
wise—the exact particulars concerning
which are to the plaintiff unknown
has been ■ entered into by or In the
name of the said defendant, the Soutn
ern Pacific Railroad company, and said
> • defendant,' the Kern Trading and Oil
compay, by virtue of which, spmepre
tended right,.title or interest now is or
■will be asserted by and in the . name
o* said defendant, the ■- Kern : Trading
•and Oil company, In and to said lands
hereinbefore particularly described.
"The aforesaid- lands ," hereinbefore
particularly described aggregate : ap
" proximately 6109.17 acres, and are of a
value exceeding $10,000,000. I None .of
said lands . have '. ever been reduced 'to
possession or in any manner Improved.
But the plaintiff is Informed, and * be
lieves, i and ■ therefore avers, - ; that ;< t;he
: defendants and each of them, and- par
ticularly said defendant, the Southern
Pacific Railroad company, said j defen
dant, the - Southern ■: Pacific company,
and said defendant,; the Kern Trading
and Oil company, threaten to, and' will,
unless restrained therefrom, enter upon
and take possession of said lands and
extract minerals therefrom, and par
ticularly ' the I deposits of I oil and pe
troleum therein contained, and A will
otherwise commit : waste and trespass
thereupon, to the ■ irreparable injury of
the plaintiff in the premises. »V
"In ■ consideration ' whereof,,. and : as
the plaintiff >is '«without' 1 full 'or ade
quate remedy in the promises save in
» a court of equity, and ■■ to the end that
the defendants, may „ make full, . true
and direct answers to all and singular
■ the matters and things herein before
set out, as fully as if each of them had
been particularly interrogated there
unto ' but not under oath, an' answer
under' oath /being .hereby expressly
waived;- and to. tho '. end•■ that the said
patent - issued,; as / aforesaid, may « bej
declared null and void, and he set
. revoked and held for naughi,
and be surrendered by the defendants,
under the court's command, for • can
cellation, and that all and singular the
Bald described landa may be adjudged
and decreed to lie the- perfect;' property
of the plaintiff free and clear of all the
claims of the defendants •or either or
any of them • and that the defendants
and each of them, during the progress
of this cause, and thereafter finally
and perpetually may be enjoined from
sotting up any claim to the said lands
or any part thereof, and from digging
or mining or , ; transporting ai\y min»l
als therefrom, or otherwise commit
ting waste or damage thereto, and that
the plaintiff may have such other and
further relief as may seem just to this
honorable '■= court > and I agre«able to
equity and Bood conscience." ■■
Members of Universalist Church
May Appeal to Council
The Liberal league of the Unlversal
lst church is planning to establish free
swimming pools for tho youth of Los
Angeles, the wish being to give them
complete facilities, or. If that cannot
bo accomplished, to raise a lund for
their maintenance.
It is desired to have the pools some
what after the plans of tho Roman
baths, both beautiful and inviting,
with fipwing water and with the best
of sanitary conditions. .
If the councilmen will permit it
the pools may be established in the
city parks. It that cknnot be done,
however, plots of ground will be pur
chased for the institutions unless there
ghould be a donation of tho'land need
ed by soinn philanthropist. It Is be
lieved that booths and shops to he at
tached would aid greatly In maintain
ing the pools.
The members of the league already
are arranging to present Charles
Morey's opera, "The Frog Prtaoe,"
soon at the Auditorium or some other
theater. In order to obtain the nucleus
of the necessary funds. Many singers
have offered their services, and It is
expected that glee, clubs and choruses
will aid. Kdgar Temple will have
charge of the production. He and A.
D. Hunter of Blanchard hall will give
any information to interested persons.
o££&i. ■—■----2—25553555555555S "The Fashion Shop of the West" ■——■■ S| "^^^^^
■/A^M^f^u t *" c\i fho rim? Shot) A'^^ --^ :
41^WmSm^\ Looking the Windows of the Fans /fcniiiiH^pMiii
'"^^^^^r . You'll Find Many Rare Values to Tempt You Monday
•^liip^'^nC c w '.m» H/,f> rnn//f a "W^>*- Gloves for Every Occasion
'^i i&S^ A" J °Ur HT^^Sfclfti'^vS' " VpaTr"!?.S
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Clever TailoredJ>uits_ <^tso^^S^^M) Pretty New Wool Frocks
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Chic New Winter Suits ij|^ffi WmW^^^m^ 'DainTTsilk and Cloth Dresses
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s s UITS of 5245 0 ylLSObeanti- ng&m WfMM^Wßmm ' ill "t ' SPECIAL ' $27- MONDAY
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$rh7s HOVe Marked About Thirty \ £v^ I \WjH^ /Mk\ ThTSe Has Come When j /
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GENEROUSLY proportioned fflW| :ll^^H^^B; V T7^r V Trimmed HatS Price
<$/2* s° Tourist Coat \' 'I 'flfc^ lllDi^ onS-half pwcbT" 1 w
C OstlLet a\h°rough nTeinO^ti r- j 1 [' ■'' ' t JBlllll^HW''" 1'1'- '" sjSßm^Untrimmed Hats t
9.50 i s our Monday Sale Price for , l||li 1' "f ! ||||f i , j^?f \ ' J^^ffi^S^^P^^pJ^f §V'"*^ • '"" '"" ■*-' which brings the rice of a swell new
5 H f\.sO Black Broadcloth Coats \\}\\ -I j'i ll^U^^J IMpP hat down amazingly - Choose tomorrcw-
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A Fascinating Jewelry Section Brimming -^:':^ S|i:|iii^^^MP da^ipl' l^sife
RW BH ' XT*' N r<: but the VCry nCWCSt Sha!'° S and * special "moiiclu'v $3-75 II I i -JlJ^
'W* t;'l Blfl Hm II i-^r nlOSt dependable leather comprise this "The Paris Girl" 'tttSrY Handsome Black Lisle Hose, cm- I (ClllttJrJ^^ ft
•^mffigim||^^gpi^; 11 disay of fashionable. Shopping Bags. A\S2^^™ r *Zt»t l*~* w^'."^ V broidered in colors, box $1.35 || § ||J W (j?
IT^^^lQf ■?e N'l'W \ KLVKT BAGS, $1.75 UP rect Apyarel for Kvery ()«<a»lon. fl| RiG 1' /'
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Kotoku and 25 Others on Trial
for Attempting to Kill
Scheme to Murder Royal Japan
ese Said to Have Hatched
in San Francisco
TOKIO, Dec. 10.—The public trial of
Denjoro Kotoku and twenty-five asso
ciates, Including Ills wife, was opened
In the supreme court today. The spe
cial court which first examined the
prisoners found all of them guilty of
plotting agnlnst the life of the em
peror and recommended capital pun
Tli,. alleged conspiracy was uncov
ered In September. Kotoku, asserted to
be the leader of the plotters, waa for
merly connected with a Toklo news
paper and at one time lived in America,
where, it is said, he waa associated
With a political organization with
headquarter! In Han Francisco. All
of tho accused are described by the
police as anarchists.
Though the present proceedings are
nominally public, those not directly
concerned with the trial were admitted
only during tho formal questioning of
the defendants. This over, the court
room was cleared and the trial pro
ceeded. It will continue several days.
It Is probable the death sentence will
be returned, though there 13 a possi
bility of commutation.
The present is the first trial in which
the accusation is plotting against the
life of the emperor, and it Is considered
of great Importance. The chief judge
sitting Is Joiehiro Tsuru, and with
him are Judges Shikata, Tsuruml,
Huyahlro, Okuro, Tfcunematsu and En
do. Matsutaro Itakura, prosecutor of
the court of cessation, and Attorney
General Matsumuro, with specially ap
pointed assistants, are conducting the
For such of the defendants as could
not engage counsol at their own ex
pense, the judges have appointed at
SAN FRANCISCO, Dec. 10.—Donjon)
Kotoku, who is on trial at Toklo for
alleged complicity In a plot against the
lite of the emperor, was known in San
Francisco as one of tho leaders of the
Japanese Progressive society. Which
was engaged in a Socialistic propa
ganda hfere, with branches at Seattle
and Vancouver.
Tho society is understood to have
translated into Japanese numerous
Socialistic documents, some of which
were circulated in Japan.
MEASURE FOR $21,894,861
Rivers and Harbors Bill Passed
in Record Time
WASHINGTON, Dec. 10.—In record
time and spending money at the rate
of $7,000,000 an hour, the house of rep
resentatives today In about three hours
passed the rivers and harbors bill,
making appropriations of $21,894,861
for river und harbor work in the fiscal
year ending June 30, 1912. The bill
was passed by unanimous consent.
Representative Alexander of New
York, chairman of the committee, ex
pressed his pleasure at the expeditious
manner In which the measure had
gone through.
"Clean as a whistle and without any
suspicion of 'pork barrel" about it,"
was the way in which Mr. Alexander
described the, measure. "This shows
that public bills can be put through
without any necessity for resorting to
the methods heretofore considered
positively essential to their passage."
In addition to the amount carried
In this bill the sundry civil bill will
Include $7,368,077 for river and harbor
.improvements in 1912.
Four Persons on a Lone Kansas
Farm Are Beaten to Death
with a Weight
Indications Strongly Point to
Robbery as Motive for
Terrible Crime
[Associated Press]
KANSAS CITY, Dec. 10.—The bodies
of Mrs. Emellne Bernhard, 75 years
old; her son George, 40 years old; a
trapper named Morgan and a hired
man named Glenn Cottner were found
on the Barnhard farm at Martin City,
fifteen miles south of here, late today.
All had been beaten to death.
The four persons were last seen alive
by neighbors last Wednesday. Sus
picion was first excited when the rural
mail carrier noticed the mall was not
removed from the Bernhard box. He
notified neighbors, and this afternoon
a number visited the farm and searched
the premises.'
In the barn the bodies of the three
men were found in a manger covered
with hay. Their bodies were badly
crushed. All had evidently been dead
several days. In a closet on the second
floor of the house the body of Mrs.
Bernhard was found. Her skull was
crushed. ;■"' ■'*'* '"'■
From the position in which Mrs.
Rernhard»s body was lying, it is be
lieved by the officers, that she was in
the barn at the time of the assault
and after being beaten about the head
ran into the house and then upstairs
and hid In a closet, where he died.
The sheriff is working on the theory
that the murder was committed by a
Conner hired hand with whom the
rs are known to hnve had trouble
over money. Mrs. Bernahrd is said to
have been wealthy, and according to
her neighbors has often had trouble
with men who worked for her becaus
eof (juarrels over money.
Martin City is near the Kansas line
and the Bernard farm Is in Kansas.
Later investigation led to the belief
that robbery was the motive Cor the
murders, as the house had been ran
sarkert and the pockets of the dead
turned wrong side out.
According to neighbors, Mrs. Bern
hard always kept a large amount of
money in the house.
For two rtr three days people living in
tho vicinity say a atraager has been
seen near the Bernhani farm.
An old-fashioned clock weight was
found In the barn tonight, and evi
dently was used by the murderer.
Tom Morgan, the trapper, who was
ono of the victims, waa only 17 years
old. Ho lived at Rosedale, Kas., and
had bten on a trapping trip in tins
vi> lnity for a month.
The peculiar lives led by the Bern
hards made it easy for the murderer
to conceal his crime. They had little
to do with their neighbors. When they
wanted a hired hand they would send
to an employment agency here for one.
Arriving at the farm the employe
would be warned against associating
with neighbors.
Mrs. Bernhard placed little trust in
banks, she told her intimates. It was
her custom a few years ago to hide
her money in tho ash pan of a kitchen
Officers late tonight discovered a
clew that they hope will be of some
assistance. On the door leading to the
closet in which Mrs. Bernhard's body
was found were bloody finger prints.
They were broad and distinct, appear
ing to have been made by a man's
This afternoon Ley was removed to
a local hospital, where Dr. Steam, sur
geon of the torpedo (leet, and Dr. Da
vidson of the U. S. S. Iris performed
the operation of trepanning. A clot of
Mood was removed from the sailor's
brain. At tho end of the operation it
was noticed tho right eye, which had
been "crossed," presented a normal ap
pearance. The doctors decline to pre
dict tho outcome of Ley's injuries. A
board composed of Ensigns Stewart
and Donovan and Chief Machinist
Burke were named to investigate the
accident and place the responsibility
for the explosion. The inquiry will be
gin tomorrow. _^^_____^_^^___
Government Finds It Cannot
Construct Vessels Cheaply
as Private Firms
WASHINGTON, Deo. 10.—The con
tract for the new battleship Texas,
for which the Newport News Ship
building- and Drydock company was
the only bidder, will not be awarded
until congress has an opportunity to
pass on all tho questions involved in
the increased cost of naval construc
This subject of cost is already being
brought to the attention of congress
by Secretary Meyer.
CongTess will be called upon to de
cide whether it will authorize a sub
stantial increase in tho limit of cost
of the battleship New York, in order
to build that vessel in the government
yards, or repeal the injunction of tho
last naval bill that she must be con
structed in a government yard, thus
opening tho way to build her by con -
This question has been brought to
the fore by an offer received by the
navy department from the Newport
News company to construct the New
York for the same amount as its esti
mates for the Texas, and possibly less.
That company's bids for the Texas
ranged from $5,760,000 to $5,830,000, ac
cordiner to the type of engines to bo
The navy department has announced
that it will cost about $7,600,000 to
build the New York in the government
yard at New York. If congress should
decide to construct the Now York by
private contract, it is said, bids prob
ably would be invited from all private
HOT SPRINGS, Ark., T>ec. 10.—
Henry Guy Carleton, the playwright,
died here today of paralysis, aged M

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