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SOME OF THE MEN WHO WERE PROMINENT IN THE PROCEEDINGS OF
THE CONVENTION OF THE CALIFORNIA MINERS IN GOLDEN GATE HALL YESTERDAY. MEMBERS DEVOTE MUCH TIME TO TOPICS OF IMPORTANCE 7 HE' California Miners' Association yesterday held tzvo lively sessions, at which reports were received from tzvo of the.- leading committees, who submitted matters for consideration that are of the first importance to the tnimng^ in dustry of California. They refer particularly to the mineral lands bill and to the test case which it is proposed to bring to try the constitutionality, of the anti-debris law. . Resolutions in memory of. William McKinley wereiwanimously adopted by a rising vote. Continued on Page Three. GRANT A COMMUTATION TO JOHANNES BOTHA British Authorities Decide That the Young Fighter Should Not Be Executed. CAPE TOWN, Oct. 22.— The sentence of .death recently imposed upon Johannes < Botha has been commuted to imprison ment for life. Commandant Scheeper has been added to the list of those sentenced to riermanent banishment from South Af rica. \u25a0 PUEBLO. Colo., Oct. 22.— A special courier to the Star Journal brings news of wild excitement over a gold discov ery at Beulah, thirty-eight miles west <.f this city. Five hundred claims have been located in the past twenty-four hours. A ledge of free milling gold returns nearly $2000 a ton. Pueblo people are rushing to the place. Wild Excitement in Gold Fields. The Times, confirming the report that General Buller preferred dismissal to resignation, expresses astonishment at his "amazing defects of judgment and sense of military discipline," and says it hopes the change is the beginning of an era of real army reform. The Daily Chronicle and the Daily News attack the Government for weakness and lack of courage in ever appointing. Gen eral- Buller to the command of an army corps. LONDON. Oct. 22.— The War Office an nounces that after a consideration of all the circumstances of General Buller'a speech of October 10 and the explanations thereof furnished by General Buller, ho has been relieved of his command and placed on half pay. The King has op proved the appointment of General French to succeed Buller as commander of the First Army Corps, the appointment to become effective when French's ser vices are no longer required in South -Af rica. Pending his return, General Hild yard will assume command. General' Buller's supercesslon was not unexpected, but the manner of it has caused a sensation. It is understood that the Government endeavored to break the fall by giving him the option of resigning, but that Buller declined to give way. The morning papers all express sympathy for the unfortunate ending of a brilliant career, but they are unanimous that no other course was open after his indiscreet speech,* and they express the greatest ap proval of the selection of General French to succeed him. Indiscreet Speech of the General the Immediate Cause of His Dismissal. BTJLLER HAS LEFT THE ARMY OF BRITAIN There are some facts that have not been mentioned ' previously that illustrate the peculiarities of an episode that probably has never been paralleled in mining his tory. It has [been published in The Call that after the convention of the" miners was adjourned Monday the special .com mittee went: to the office of the Debris Commission and there held a protracted conference. At the end of the talk W. C. Ralston emerged from the Flood .build ing, tightly gripping in his ' stout : right hand a sack which "contained $2500 in shin- Ing gold pieces. He turned down Market street and went to the hotel where O'Brien was supposed to be. O'Brien, by the way; after his appearance at the min ers' convention . that day, the first day of the proceedings, went directly away, but having had time to hear that the conven tion proposed to. collect the money and to offer it to him' and so force an issue. - Ralston did not find O'Brien at the ho tel. The committee did not mean to be balked by trifles and at once began to use the . wires to Smartsville, where ! O'Brien lives, to find out where he: was stopping and they learned. at a late hour Monday night that he was supposed to ; be at ; the home of a daughter who : lives : on Myrtle street In Oakland. ..: Notwithstanding : the Ralston added that it; had been ascer tained that the failure to make the tender to O'Brien personally would not 'do any harm.. The committee had : visited the office of the United .. States Attorney and had there: been advised that O'Brien's own act in notifying/the Debris Commis sion that he withdrew his option had ob viated - any. difficulty ' occasioned by the failure, to find him. When O'Brien so no tified the commission he practically sahi he -would decline to accept the money in pursuance of thecarrylng out of the option. The money had been raised and was ready for O'Brien before the ex piration of the option.- The United States had already taken cognizance of O'Brlen'a attitude ' by . bringing . suit in the' United States Circuit' Court;to compel; him to make the option good. , This information pleased the convention.- With the state ment the consideration of '\u25a0 the : O'Brien matter before the convention was. closed for the day. Vain Search for O'Brien. - \u25a0 to the Farallones, whereat the members of the convention laughed. The text of the committee report, Is as fellows: Resolved, By the California State Miners' As-' eoclatlon, that we mourn in William McKinley the type of American citizen that we all honor; Dsplore President's Death.. "All In favor of the adoption of these resolutions," said President Voorhies, "will please rise." The scene was • impressive. The entire hall had been patriotically decorated with the national colors. From galleries depended gay festoons of bunting, and the shields of the several counties of the State gleamed at Intervals along the dra peries, above which rose small American flags. Picks and shovels told of the na ture of the convention. Gay bannerets of blue, with golden fringes, defined the location of the numerous delegations from the mining counties. Amid the ar ray of bannerets and under the masses of bunting and the insignia of their craft the miners rose to their feet. Here and there the light colored gowns of ladles made a patch of color in relief. Only the day before the Nestor of the convention, J. H. Neff, had repeated to the convention the famous . message that Abraham Lincoln told Schuyler Colfax to bring to the coast. "Tell the miners of California" — so ran the words— "that the country owes a debt of gratitude to them." With that message still fresh in mind the California miners paid respect to the memory of McKinley. "The resolutions," said President Voor hles, not without a show of emotion, "are unanimously adopted." < yesterday at the convention of the California Miners' Association and stood silently a moment in testimony, of their respect to the memory of William McKinley, late President of the United States. A special committee had been appointed to draft suitable resolutions. President Voorhles, presiding over the deliberations of the convention, an nounced that the committee was ready to report. Professor Christy of the min ing department of the University* of Cali fornia, took the center of the stage and read, solemnly and slowly, the resolu tions in which the ' death of the nation's chief was deplored. MEN representing all the mining counties in California, from SIskiyou to San Diego, rose to their feet in Golden Gate Hall One of the delegates facetiously sug gested that O'Brien. had gone for a trip The entire second day of the miners' convention was crowded with matters of concern to the mining industry. 'There were addresses and reports, the latter be ing filled with facts. The interests of the petroleum miners received attention. Once more the matter of O'Brien's option on lands for the restraining basin of the Yuba River Works came up. When the convention adjourned for the day O'Brien had not been found. The special committee appointed to locate him and make proffer of the $2500 in cash that was raised on the preceding day re ported through the chairman, W. C. Ral ston, that although efforts had been made to place O'Brien failure had so far been the result. As the option was dated bn October 22, 1900, and yesterday .was the 22d, marking the full expiration of the time for the payment of the money, Ral ston reported also that the committee were of the opinion that they would, not be able to make the tender personally to' O'Brien. , O'Brien Still Missing. Resolved, That, recognizing in loyal • citizen ship* the strongest safeguard against anarchy, we call upon every American to do his whole duty aa a citizen, to create and maintain a quickened public sentiment which shall not only aid in the enactment of wise and Just laws, but shall compel them to be respected and en forced. W« most especially urge our courts to aid In such swift and certain admlnstratlon of Justice as shall command the respect and confidence of the people; be it further Resolved, That we urge upon Congress to pass such Immigration laws as while enabling all honorable and worthy foreigners to become citizens shall vigorously exclude from our coun try all who, are unwilling to abide by Its laws. ' Resolved, That we wish to express with the entire civilized world our abhorrence of govern ment by assassination as foreign to the spirit of our civilization, and as the mortal foe oC all that makes for patriotism or progress; be. it further ' the brave Eoldier, the tender and devoted hus band, the generous and loyal friend, the public spirited citizen, the wise statesman. His broad sympathies with every section of our great country, his long and useful public life, his tragic end, his generous kindness and sublime faith in the face of death have made us forget differences of parties and creeds, and we stand by his grave united In our common loss; be it further One of the most important pieces of work for this convention will be to take all due care that in the . remaining legislation to be passed by Congress . upon this subject there shall be no deviation by a hair's breadth from the original purpose of this scheme of legislation, or from the understanding under which this scheme of legislation has had the approval of the Cali fornia-State Miners' Association. For what ever purpose, or upon whatever foundation In timations have been fluttering In the air, of late that there might be an attempt made' In the coming session of Congress, j in the bill appro priating the remaining $150, 000, to incorporate some proviso or clause which would nullify the A very interesting report was sub mitted to the convention by the commit tee on legislation through the chairman of the committee, John F. Davis of Ama dor County. The committee maintained the doctrine championed by it at two pre ceding conventions of the miners that fu ture legislation with reference to the law of mining in almost . all its branches should *be amendatory of existing Federal law rather than "independent statutory amendment at the hands of the Legisla ture. - - Generally speaking, so .. the com mittee reported, there was nothing in the geology of California which required min ing legislation of such a peculiar .nature that it could be obtained only from.* the State Legislature, 1 , The following resolu tion was recommended for passage by the convention: Resolved. That wo heartily favor the amend ments to sections 2319, 2320, 2324, of the Revised Statutes of the- United States, \ concerning the location of mining claims, bo that the locator shall be accorded a reasonable time within which to finally mark his surface boundaries on tha ground; so that all local rules, regula tions and customs of miners and all State and territorial law on \ the location of mining claims shall be abolished; and so that, whllo liberal provision 'shall be made for the protec tion of the locator who holds and works . his claim In good faith, the law concerning annual assessment work shall most effectually check the present Injurious practice of holding claims year after year without practical development. \u25a0 The committee also reported concerning the work of securing additional legisla tion and appropriations for the aid of the Yuba River restraining barriers. The Legislature had appropriated ! $150,000, one-half of the remaining $300,000 that was asked for. . It remained for Congress to appropriate $150,000, the State having com pleted its share of the work as suggested in the recommendation of the California Debris Commission. The committee re ported: • Report on Legislation. lateness of the hour, there was a member of the Debris Commission at a hotel on Montgomery street who then had the coin for O'Brien in charge. As soon as the news came from Smartsville there was a stir in the Palace Hotel, where the min ers were holding committee meetings. There was then a wild rush to' catch a boat for Oakland, but this mission failed of results, as- O'Brien was- not found. Yesterday there was more searching, but the advice of. the United States Attorney made it appear that It was of less impor tance than it had at first appeared wheth er O'Brien was located or not. For the purpose of any miner who desires to take his chances under the act the test of the constitutional question should be made in some case brought against a company or person oper ating under a duly obtained permit from the commission, and not In any case against a company or person not operating under' such a permit. Not only Is that true, but the test would have to be made In a case where a farmer attacks the constitutionality of the act on the ground that some constitutional right of his. Is being abridged' by the. miner, working under the permit of the commission, or by the State of California contending that some of its constitutional rights are being abridged by the act of a miner operating under 'a duly ob-" talned permit from the commission. No other test will be of any avail; no obiter dictum of any court In considering the act from any other point of view or in any other controversy, other than either of the two above set forth, will. at The committee recommended as follows concerning the case to be brought to test the act: Such action, continued the committee, on the part of the Anti-Debris Association, challenges the constitutionality of the act and discloses their purpose of getting the miner to submit to that Jurisdiction without submitting to it themselves. The question of the constitutional ity of the act. as a protection to the miner, has never been passed upon. The committee reported that the min ers who have availed themselves of the terms of the act have complied with the onerous terms imposed and have in every such instance gone before .the commis sion. The Anti-Debris Association, on the other hand, when they have • com plained of mines working Injuriously un der permit, do not go before the same tri bunal to ask for a revocation or modifi cation of the permit, as they can do at any time, but have of late been going Into the Superior courts of California, asking for injunctions. The Red Dog: hydraulic mine has already been closed down by injunction from the Su perior. Court of Sutter County; the Polar Star mine Is closed down under a temporary re straining order from the same court, and suits have been begun or are . threatened against many other mines operating under the Juris diction of the commission. The committee also paid attention to the law on the statute book for the pro tection of minority stockholders In min ing corporations. This law was discussed at length. The committee found it to be cumbersome and of no further use; there fore its repeal was urged. Oil corpora tions complained that the law hampered their free" action. The instructions of the preceding convention to the committee were to have the constitutionality of the California Debris Commission act tested. The committee reviewed -. that act at length, going back to the North Bloom field decision. Dehris Act Discussed. good faith upon which all previous appropria tions have received our support, and It will be necessary, therefore, for thl3 association by the means of a committee, or In some other practical way, to see to it that in the bill passed by the coming Congress there shall be no rider and no variation of the phraseology, or'of the terms In which 'the appropriation is made. ' \u25a0 "The Bulgarian authorities, likewise worried over the affair, are continually arresting fugitives from Macedonia, and this causes bad blood." "United States Consul General Dickin son, believing that they were members of the American mission church, has de manded an official Inquiry. Great brutal ity exists in the district between Banista and the frontier. Turkish officials have arrested over 100 persona of Bulgarian nationality and subjected them to torture In order to wring from them Information as to Miss Stone's whereabouts. Several of them died under the torture. Turkish and Bulgarian Troops Are Active on the Frontier. LONDON, Oct. 23.— The Morning Leader publishes the following communication, dated Saturday, October 19, from Sofia: "On the frontier, near Grossbelovo yes terday five fugitives from Banista, Mace donia—among them a brother of Mme. Tsilka, Miss Stone's companion— were shot dead by Turkish frontier guards while endeavoring to cross Into Bulgarian territory. SUSPECTS DIE UNDER TORTURE. LONDON. Oct. 22.— According to the Dsily Express, at a family conference heM at 45 Portland square yesterday, which was attended by Eugene Zimmer man, it was arranged that he should pay £50W, and Consuelo, Duchess of Man chester, £2000, to liquidate the Duke of Manchester's debts. It was also announced that the present tenant of Kimbolton Castle, the principal peai: of the Duke of Manchester, has con sen- ed to terminate the tenancy. In order to gratify the wish of the young Duchess thai: her accouchement might occur there. V family party traveled to Kimbolton Castle last night. FOCATELLO, Idaho, Oct 22.— The Ore gon Short Line west-bound fast mail No. 1 was wrecked four miles east of McCam mon a.t 2:20 this afternoon and Engineer Edward Purtell and Fireman Paul Spirell, both of Pocatello, were killed. The engine climbed the rail of a filled- In carve and went down the embankment twenty feet, taking the mail, baggage and buffet cars with it. It is believed that Purtell and the fireman jumped and \u25a0were buried under the wreckage. Two mall clerks and the express messenger were Blijrhtly bruised, but were able to take part In the work of transferring the mails. No passengers were Injured. En gineer Purtell leaves a wife and three children. DEBTS OF MANCHESTER WILL BE LIQUIDATED Father-in-Law Zimmerman Arranges for a Settlement of the Finan cial Trouhle. Engine and Cars Fall Down an Em- bankment at a Curve in Idaho. T\7O TfTF.TT ABE KIT.T.KD IN WRECK OF A TRAIN IOWKLL, Mass., Oct. 22. — The money ar.«l securities returned to the Merchant? Bank by Albert G. Smith and Lewis H. Swift through the latter' s counsel touched thfs million mark. It Is now supposed that the men have left the State. Negotiation or no negotiation, if the men are found they will be prosecuted. The case is in the hands of the United States authorities and a private detective agency has men on the case acting for the surety com pany. It was learned to-day that repeat ed mistakes In recording deposits by Tel ler Smith aroused the suspicion of a prominent depositor, who last week com mv.nicated with one of the officials of the bank. This official confronted Smith with the bank book in question, and charged hira with irregularity on the record. Eirith denied that anything was wrong, and the matter was dropped for the time being. This action, however, alarmed the suspected men, and on the following night they went to the bank, removed the catih and securities, and Smith went to Boston. It is believed that Swift took the property to a camp in the neighboring totrn of Dracut and concealed it POLICE ARE SEARCHING FOB, BAITS THIEVES Million Dollars in Honey and Securi ties Beturned to the Lo"well Institution. LONDON, Oct. 23.— "It is reported from, Sofia," says the Vienna correspondent of the Dally. Mail, "that United States Con sul General Dickinson received Intelli gence from, shepherds that Miss Stona was seen at Jakoouda, on Turkish terri tory, about two hours' journey from the Bulgarian frontier." SOFIA, Bulgaria, Oct. 22.— It is reported that Madame Tsilka, the companion of Miss Ellen M. Stone, the American mis sionary captured by brigands, died re cently in captivity. VIENNA, Oct. 22.— "Miss Stone wa3 captured," says the correspondent of the Neueste "Wiener Journal, "not by bris ands, but by a detachment of Turkish cavalry, at the instigation of. the Sul tan." CONSTANTINOPLE. Oct.* 22.— Should no news be received during the next for ty-eight hours from the missionaries who are seeking the captors of Miss Ellen Stone and her companion, Madame Tsilka. more missionaries will be sent to assist in locating the brigand band. It is un derstood that the missionaries have been waiting at places in the vicinity of where the brigands are supposed to be, expect ing to receive a communication from them. It Is proposed now that a search party shall be organized to penetrate to the brigands' retreat. Special Dispatch to The Calt. PARIS. Oct. 22.— Figaro to-day states th.it if 3L Santos-Dumont, the Brazilian aeronaut, is successful In the proposed trip across France to Corsica and Alge ria, he will endeavor to cross the Atlantic Ocean in 1302 In a balloon, larger than the present one. The Aerostation Commission has not de cided whether Santos-Dumont is entitled to the -prize of 100,000 francs offered by M. Deutsch for a dirigible balloon. No decis ior •will be made before November, as thf! competition remains open until Octo ber 21. If In the meantime another compet itor should appear and fulfill the condi tions he would share in the prize. Prince Roland Eonaparte, president of the 1 commission, and 31. Deutsch are both of the opinion that Santos-Dumont has \u25a0won the prize, and the latter has tele graphed the aeronaut to this effect, add ing* that he is convinced the commission •will award it to him. special Dispatch to The Call. Searchers for the Missing Women Now Propose to Penetrate to. the Retreat of the Band of Brigands. If All Goes Well the Brazilian Aero naut "Will Build a Big Balloon With. Which, to Cross the Ocean IText Year. Miss Stone Said to Have Been Captured at Instigation of the Sultan. This to Depend Upon Succsss of Proposed Trip to Corsica. Reported Death of the Companion of Ab ducted Missionary. Santos-Dumont Contem plates Attempting a Daring Exploit. TO SAILOVER THE ATLANTIC IN AN AIRSHIP Stinging Arraignment of the Railroad Is Made in Connection With Report Upon Mineral Land Segregation Bill COMMITTEE RECOnriENDS BRINGING SUIT T S O TEST THE ANTI=DEBRIS LAW MME. TSILKA HAS PERISHED IN CAPTIVITY ASSOCIATED MINERS OF CALIFORNIA PROPOSE ACTIVE CAMPAIGN TO AID A GREAT INDUSTRY DELEGATES BY A RISING VOTE PAY RESPECT TO MEMORY OF McKINLEY Representatives of Mineral Counties Take Part in Impressive Scene That Centered Under National Emblem VOLUME XC— NO. 145. PRICE FIVE CENTS. SAN FRANCISCO, 'WEDNESDAY, OCTOBER 23, 1901. The San Francisco Call.