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Forecast made at San Ftaaalaeo for thirty • hours ending midnight, Febru ary 13: San Francisco and vicinity — Monday; not bo cold; light north wind. G. H. WILLSON, ;. Local Forecaster. VOLUME XCVII— XO. 75. PRESIDENT AND SENATE NOW AT WAR Action on Treaties Means an Open Rupture. Execntiye Will Drop All Arbitration Negotiations With Europe. Saturday's Vote Makes Secretary of State Hay Only a Clerk of the Upper House. Special Dispatch to The Call. CALL BUREAU. POST BUILDING. ' Washington. Feb. That the ! President will follow the line of action ; indicated in his letter to the Senate and j refuse to exchange ratifications with ether countries on the, arbitration treaties is regarded here as a foregoine conclusion. The treaties are dead and the Senate is willing to accept the re eponsibility for killing them, believing that it has at last seized what it has , so long strived for — the treaty making j power of the Government. Hereafter no arbitration can be undertaken with out the Senate first putting on the sug gestion its "O. K." mark; nor can the j President take any initiative during j the life of the present administration in the direction of improving Ameri can foreign relations or removing fric tion with other nations without first j consulting the Senate. The approval of the Committee on foreign Relations no longer counts, because Secretary Hay had obtained j that before he negotiated the treaties I just killed. The Government, no mat- : ter how pressing may be a matter of | international importance, must wait until the Senate meets and voj.es its ' sentiments. Indeed, the office of Sec retary of State has. by the action of the Senate yesterday, become little more than that of clerk of the Senate, j The opinion was expressed , to-day by * very important officer of the Govern ment that time had come when no treaty could be negotiated ' with : any foreign Government until it had first been sent to the Senate and ratified. EFFECT OF SENATE'S ACTION. This is a revolutionary change in the practices of the United States. Here tofore the State Department having negotiated a treaty, it has been signed by the Secretary of State and by the diplomatic representative of the con tracting Government and then sent to the Senate. When the Senate ratified It the treaty has been transmitted to the contracting Government and rati fications have been exchanged. But so frequent has become the practice of the Senate in amending treaties, thus rendering them objectionable, that it is likely that hereafter before a treaty is signed in the negotiations it will have to be passed upon by the full Senate. But more interesting to Washington, because it is nearer home, is the ques tion as to what the effect of the Sen me's revolt will be on the influence of the President with Congress on other jnatters. There is no disguising the fact that the Senate lias been planning for a long time some expression of in dependence of the President. The Kanto Domingo incident intensified this desire. .But other things conspired to bring about the revolt. On*> of them was the iusistence of the President upon rate Jf pislation. Many Senators rejoiced at the- opportunity of bAiging about a breach between the President and the upper house of Congress for the pur pose of stiffening the backs of many who wore inclined to be under the President's influence. DRAMATIC SIARFT SESSION. Other Presidents have had favorite projects squelched by the Senate, but no President in this generation, wise men of the Senate say. has ever been rebuked as President Roosevelt was yesterday. • That - rebuke was drastic, historic, caloric. Its effects was mor noticeable to-day than last night. Many features are now manifest that perve to emphasize the firm determina tion of the Senate to "teach the Presi dent a lesson." The executive sessions preceding the final vote are described an the most dramatic in the memory of those who have been Senators for twen ty years. Such Intensity of feeling, earnestness of speech, unanimity of sentiment, have not prevailed on any other similar proposition since the Civil War. The criticism and censure of the President were absolutely V non-parti san. While all Democrats voted to amend the treaties, all Republicans but nine did the same thing. There 'was no apparent differences in the manner of expressing the conviction that ■ the President was trying to take away the constitutional rights of the Senate. IiOIKiF'K VOTE A SURPRISE. The action of Senators Lodge,' Spooner and Foraker, all close friends of the President and his spokesmen , in the Senate, attracted unusual atten tion. All three recited the friendship tliey f«?lt for the President. They told of thoir^ intimate relations. All, ex pressed keen regret that their* <fiths end consciences would not permit them to sustain the President in the pending m atttr. Lodge was especially dramatic ■when he declared that under* his oath he could not vote in accordance with the President's wishes, at the same time • ..king with sincere regret of conditions which, under ordinary cir eumetances, would dictate that he act otherwise. It was «aid to-day by those in close touch with all public events : that- the agreement for the protection of Santo Domingo through ' supervision of that republic's finances had no j effect on Oontinned on Page 2. Column 2. The San Francisco Call. DISASTROUS HOTEL FIRE IN MOBILE One Person Rilled and Several Injured. Famous Battle House Burned Entailing Loss o! $1,000,000. Flames Break Out Late at Night and Spread Rapidly, Causing Guests to Flee for Their Lives. ATLANTA, Ga., Feb. 13.— A long dis tance telephone message from Mobile says one person was killed and several seriously injured in the Battle House fire. MOBILE, Ala., Feb. 13.— Losses esti mated at $1,000,000 have been caused by a fire that to-night left the famous Eattle House a ruin and swept on to buildings adjoining. The blaze was discovered shortly before 11 o'clock last night, and at '1 o'clock this morning the firemen were still fighting the flames, which apparently were beyond control. The fire broke out in some unoccu pied rooms over the kitchen of the Battle House, which, although an old hostelry, v.as one of the largest in the South. The flames spread so quickly that a number of guests lost all their belongings and many of those on the fifth floor were compelled to take to the fire escapes in their night clothes. Two elevator boys, Joseph Parks and Bernard Constantine, stuck to their posts until all the guests had been taken out, although the elevators caught fire and the youngsters were burned about the face and hands. An hour after the fire started all the electric lights in the business portion of the city went out, due to the turn ing off of the power to save the fire men from danger. At 2 o'clock this morning the fire, still burning fiercely, wag threatening the '.'ommercial Hotel adjoining. All the guests escaped, leaving their prop erty in the hotel. An extension of the fire was also threatened on the east side. SAVE LIVES BY EATING DOG MEAT Awful Experience of Man and Woman in Alaska. Special Dispatch to The Call. TACOMA, Feb. 12.— Charles W. Cook and Mrs. Rita Wolfenden have lived through an almost unbelievable experience. They are now at Kayak, Alaska, recovering their strength after going nine days without food, other than the flesh of their small dog. Six of these days were spent at sea In an open whaleboat, the seams of which opened, necessitating constant bailing. Cook and the woman left Yakataga for Kayak to overhaul two men who had robbed them of $600. The boat began leaking, but before they could reach shore they were blown to sea by a terrific wind, which continued six days. Their food was spoiled by salt water. A drenching rain fell most of the time. Becoming delirious, Cook jumped overboard, but Mrs. Wolfen den seized him by the sweater and pulled him back into the boat. Cook's delirium continued for two days, when Mrs. Wolfenden became delirious. On the evening of the sixth day they were blown ashore at Cape St. Elias. The boat struck rocks and was wreck ed. The couple waded ashore, fol lowed by the dog. They built a fire with difficulty and roasted seaweed, but it gave them no strength. The nearest habitation was White Head Point, twenty miles distant. They finally killed the dog, eating Its roasted flesh without garnishment. Two days later they were able to walk to White Head. KING OF SAXONY UNABLE TO SECURE HTS DAUGHTER His Former Wife Will Retain Custody of Child for Present at liOsi-t. FLORENCE, Feb. 12. — The Countess Montignoso has been victorious in the first stage of her struggle with the King of Saxony, her former husband, over their daughter. Princess Anna Monica Pia. For the present at least the child will remain with her mother. The lawyers of the Countess after a meeting with Dr. Koerner, the emis sary of the King of Saxony, declared tha L orders of foreign authorities can not be executed In Italy and that the case will have to be tried first in the courts of law. The lawyers assert that even should the King of Saxony be victorious in the courts, there would be difficulty in enforcing a decree taking the child from her mother J SAN FRANCISCO. MONDAY, FEBRUARY 13, 1905. WARNS HIS PARTNER TO BE CAREFUL Mitchell's Letter to Tanner in Hands of Heney. Epistle Considered Strong Evidence Against the Senator. Correspondence Believed to Have Prompted Testimony Given by Associate of Accused. PORTLAND, Or., Feb. 12.— Among the papers brought by Senator Mit chell's secretary, Harry C. Robertson, from Washington, D. C, was one from Behator Mitchell to his law partner, Judge Albert H. Tanner, dealing with their partnership agreement?. The let ter was surrendered by Robertson to United States District Attorney Heney. The Government considers this letter of Senator Mitchell's valuable to its case in that they contend that it shows the line of testimony which Mitchell desired Tanner to give before the Grand Jury on his second appearance before that body. The letter follows; "Washington, D. C, Feb. 5, 1905. "My Dear Judge: I am almost afraid to write a word, as the scoundrels will misconstrue everything and distort all that is said. Your friend with letter did not arrive here until to-day. Your letter only received at 3 p. m. I have made search for my articles of to-" partnership of 1902, but am unable to ttnd them. I think it must be among by papers in oflice. Harry, of course, prepared these articles. You will see Harry on his arrival. I found our supplemental agreements, of date No vember 1, 1904, which are all right. Harry has these with him. "Now the facts are these, and you must deal with them accordingly. First, under our articles I was not to have any interest whatever in any business you might do in any of the departments with any land matters. Second, as a matter of fact, I never knew until now that any charges for any such services had been credited either to me or the firm or that my ac count, had ever been credited with any part thereof. NO STATEMENTS. "I was never furnished with any statement of any bank account or ot any other things whatever, and I have nothing to do with the book, nor did I see the same, and you will remember several times I cautioned you not to mix me up in any way with any land office matters. Third, to this day I do not know what book entries you have made or what you did with any cash or checks, if you ever received any for service. Nor was I ever advised by you or did I have any knowledge that any part of any such cash or receipts was placed either to the credit of our firm or myself. "Now, Judge, you will agree with me. I am sure, these are the facts, and I am also sure whatever entries you made you never intended I should have any part of such cash or checks, If any, and that you intended that in some way in settling accounts between us no part of any such moneys or checks should be mine, but your individual property. I had supposed, of course, that you had kept all such charges and accounts In your own name. "There Is no offense on your part in doing business for honest people In these land matters. I hope, therefore, you will do me justice at the proper time in giving the facts just as they are and as I have stated them. You must not get rattled or alarmed. "Harry will doubtless identify the co partnership articles of 1902 as having been prepared by him. See him at once on his arrival. Don't be Interviewed until I see you, and now, strictly con fidential, don't tell Harry, your son, or any one. WANTS FIRM'S BOOKS. "Can't you immediately on receipt of this, drop everything and come di rectly here? Bring with you In trunk, but don't let your family or any one know, all the company's books, day ledger, all of them; also your bank book, as I am extremely anxious to see for myself personally what the books show. Besides, It is important we should talk over with Fulton, who is to help defend me In regard to the costs. I hope you can. come. If so, don't let a soul know you are coming, not even Harry. And if you conclude to come wire me as follows: 'John leaves direct for Washington this evening. TANNER.' "I do hope you can come and im mediately before you are called again boforc the Grand Jury. Sincerely your friend. "JOHN H. MITCHELL,." "P. S. — Don't show Harry this let ter, or tell him anything in it. Don't let him see our books. Tell him nothing. "P. S. — Keep all important papers in safe and safe and office carefully locked, as these scoundrels will get in if possible. "P. X.— Burn this without fail." Subsequent to writing this letter Senator Mitchell sent two messages to Judge Tanner, which will be intro duced as further evidence by the Gov ernment in support of Its contention that the letter was intended to direct Judge Tanner's line of testimony. The messages follow: "WASHINGTON. Feb. 8. — Hon. A. H. Tanner. Portland: Harry is due Portland Thursday mprnlng. Don't fail to comply with my request. It is important. Don't be interviewed. "JOHN H. MITCHELL." "WASHINGTON, Feb. 9.— Hon. A. H. Tanner. Portland: Harry is due grieved. I am sure you are not guilty. Don't be Interviewed. Say nothing. Don't fail to comply with my request in Harry's letter. "JOHN H. MITCHELL" CROWDED ELECTRIC CAR LEAPS FROM TRACK AND THIRTEEN ARE INJURED. APPROACHES SHARP CURVE AT RAPID RATE MEN AND WOMEN FLUNG HEADLONG INTO THE STREET FrankKettleman Veru Low and May Not Live SKULL FRACTURED Railroad Offers Coin to Several of the Maimed An overcrowded car on the Sutro Electric line jumped the track at the Parker avenue and California street curve yesterday afternoon and caused injury to thirteen persons, one of whom, Frank Kettleman, a bookkeeper for Sperry & Co.'s flour mill at Stockton, may die. Mrs. Kettle man, who was seated beside her hus band when the accident occurred, was thrown from the car and struck on her head. She is among those seriously in jured. The other eleven passengers were pitched violently from the out&ide seats or thrown against the doors of the car. In an instant there was a panic and women struggled with men to clear themselves of the mass of shrieking wounded and hysterical women. Fortunately the Children's Hospital ! is diagonally across the street from the ; scene of the accident, and the hospital j attendants were quickly summoned to j render assistance to the injured. With the help of the unhurt passengers the wounded were removed to the hospital, where they received medical attention, j Kettlemaii was suffering from a frac- | tyred skull and \t-rnal injuries and j it was at first futi'ignt that he had been killed outright. His wife was found lyirffc beside him unconscious and near her was C. S. Holmes, who had accompanied the Kettlemans on a pros pective trip to the park. Holmes was cut over the right eye and stunned by the blow. Miss Mary Doyle and Mrs. Morris Greenberg were senseless. The former on recovering said that she knew noth ing o£ what had happened from the time the curve was struck until she found herself in the hospital. Mrs. Hurgoyne was able to take care of her self, although suffering from pfcinful bruises. Mrs. J. B. Day and her daughter, after being treated for slight bruises, re turned to their home on Howard street on the next inbound car, as did M. A. Sheets, who lives at the i\ew Western Hotel, and two men who refused to give their names. CAR AT HIGH SPEED. The motorman of the unlucky car was O. Z. Pike. He was bringing his car down the grade toward Parker ave nue on the westward trip. According to his official time this was at 12:52 p. m., the time he was due at Parker avenue or thereabouts. He says that he was not going "very fast." This statement, however, is contradicted by witnesses who saw the car approaching the curve at a great speed. The car was one of the large double-ender Sutro motors and was filled with pas sengers, many of whom were hanging on the outside and maintaining a pre carious foothold on the steps. Conductor H. R. Poland was at the rear end of the car and did not notice that the conveyance was going faster than is customary on approaching the curve. Pike must have lost control of the brakes when about half way down the grade on account of the unusual weight of human freight. According to a lad named Eddie Folk, who saw the car approaching Parker avenue, it sud denly shot downward as if released from the hold of the brakes and in a few seconds was over the tracks and plunging along on the rough roadbed of California street. That the car must have been running at a high rate of speed Is made evi dent by the marks of the wheels shown for a distance of twenty feet in th« roadway. The car ran its length over the curve, plowed into the sand and came to a sudden stop several yards clear of the rails. A wrecking crew from the United Railroad shops had considerable difficulty getting it back on the tracks, and it was then run back to the Fillmore street barns. The car was not greatly damaged. SETTLING WITH THE INJURED. While the nurses and doctors at the Children's Hospital were helping the wounded to the wards, Policemen Wis kotchill and Fulwider of the O'Far rell-street station, who were on duty at California street and Presidio ave nue, and Mounted Patrolman Munn were Informed of the accident and im-' mediately reported at the hospital and placed Motorman Pike under arrest, pending instructions from headquar ters. Detectives Dinan and Coleman were Bent out by the central office and allowed Pike to go. In the meantime Dr. McElroy and a corps of railroad surgeons arrived and with .them came several inspectors for the railroad, who took it upon themselves to give orders that no one should be allowed to see the wounded. They were about with documents attempting to get the injured persons to make cash settle ments even before the bandages were on their wounds. Mr. and Mrs. Morris Greenberg were offered $4 as a balm for their injuries. Being ignorant that the law in such matters would protect them In a civil suit for damages, they finally accepted $15 and departed after signing an agreement of some kind protecting the rpilroad. One of the Inspectors was exceedingly impudent. Among the principal witnesses who were found by the police were: J. C. SCENE AND SOME OF THE VICTIMS OF A STREET CAR ACCIDENT THAT .OCCURRED YESTERDAY ON THE SUTRO LINK AS A RESULT OF A GREEN MOTORMAN'S NEGLJGEXCE I.N RUNNIXG THE VEHICLE AT HIGH SPEED DOWN HILL, INTO A SHARP CURVE. Barnum. 719 Larkin street; Dennis . Begley, 213 Moss street; J. B. Barna doe. 111 Eleventh avenue; G. Lago marsino. 181 Fourth - avenue, and Matt Asch.l6 Moss street. SK.UL.Ij IS FRACTURED. The examination of the wounded j showed that Mr. Kettleman was in a very bad way and likely to lose his life. His skull was fractured and the scalp badly torn. The extent of his in ternal injuries could not be deter mined. Mrs. Kettleman was hysteri cal on regaining consciousness. She is suffering from a severe nervous shock. The- Kettlemans are well known in Stockton and have been In this city for about six weeks on a pleasure trip. Miss Mary Doyle was cut about the head, but there was no -fracture. Her arms and upper part of her body were bruised. She said that she was sit ting on the outside of the car when it struck the curve and was thrown violently to the ground. The car, she added, wa« going at a high rate of speed and the motorman did not ap pear to be making any very great ef fort to stop it. J. S. Reed was too ill to do much talking. His right leg was broken and he was otherwise painfully but not seriously hurt. He was flung from the car when the curve was struck and a number of passengers fell on top of him. Mrs. J. B. Day and her daughter and Mrs. Burgoyne were not very bad ly injured. They were inside the car when the accident occurred, and, al though somewhat scratched, they suf fered more from fright than from in juries. Morris Greenberg and his wife were inside the car. Mr. Greenberg was pitched against the end door and sev eral passengers fen on him. Mrs. Greenberg sprained her leg and is suf fering a great deal of pain; her hus band bruised his arm and wrist. • C. S. Holmes was cut up pretty badly, but manage* to get to his feet and walk, with the a^istante of two hospital,at tendants, to the operating-room. Mrs. Greenberg had one of the most exciting experiences of any of the Jn | Jured passengers other than Mr. and Mrs. Kettleman. She said: "My husband and I were on our way to the Children's Hospital to visit a sick child that we intrusted to their care. We were insida the car, near the end. and when we approached Parker avenue, where we were to get off, I sig naled the conductor to stop. I noticed that he did not answer my signal, and the car, instead of slacking up, went ahead at a startling speed. I said to my husband, 'My! I wonder what is the matter.' "The words were scarcely out of my mouth when the car Jumped the track, swinging part way into Parker avenue as it did so. My husband and I were thrown violently against the side of the THE THEATERS. ALCAZAR— "Are You '; a Mason r ' CAIJFORNIA— "Oar N*w Man." COLUMBIA— "The Earl of Paw ;' tucket." • CENTRAL— "The Night Befor* Chrtot maa." HCTES— Vaurlevill*. nSCHES' S— VaudeviU«. GRAND- "Mother Goo^.~ ORPHEUM— THE INJURED. FRANK KETTLEMAN — Book keeper. 814 Sutter street: frac ture of skull and internal in juries: probably fatal. MRS. FRANK KETTLEMAN. Cut on head, sprained wrist and contusions of body. J. S. REED. 1012 Post street. Leg: broken: internal injuries. MISS MARY DOYLE. 808 Bush street — Cut on head and numerous body bruises. C. S. HOLMES. 614 Sutter street — Badly bruised. MRS. MORRIS GREEN BERG, 16 Juniper street — Bruised and left leg badly wrenched. MORRIS GREENBERG — Sprained wrist. MRS. J. B. DAY and MISS DAY — Slight bruises. M. A. SHEETS. New Western Hotel — Slight bruises. MRS. T. BURGOYNE, 216 Central avenue — Sprained back. UNKNOWN — Two men treat ed for sprains who would not give their names. car. The persons sitting on the opposite side of the car and those standing up were piled on top of us. Then followed a scene that is hard to describe. Wom en were screaming and men urging them to keep cool. It didn't take long for the car to be cleared of people, and once outside — I cannot tell you how I got there, for I was out of my head — I ' was horror-stricken to see half a dozen persons Tying on the ground, some un conscious and some crying for help. SCENE AFTER WRECK. "Against a pile of sand was a man who had raised himself on his knee and was looking about in a dazed condition. Two women were on the pavement, and near the sidewalk Mr. Kettleman was stretched out. bleeding from a cut on the head. I thought he was dead. "My husband helped tpe to the hos pital, and there we met some men who said they were from the railroad com pany. One of them seemed to be a law yer, and he asked me how badly I was hurt. A physician examined me, and then went over to my husband and said that the company would pay us $4 If we would sign a paper he offered us. We would not sign. They held a consulta tion and came back again and offered us $15. I was thinking how much ex PRICE FIVE CENTS. pense we ivould be under for doctor !>i!ls. and as we are poor people ray husband ana I agreed to sign. They paid us the $la." M. A. Sheets, one of the passengers who was slightly hurt, says it was re ported to him by a. passenger that thi: motorman admitted that he was a new man on the line and that he had for gotten about the curve and did not slack up. The street is In a bad condi tion at Parker avenue and the curve is somewhat difficult to observe from thn car until one is almost on top of it. Sheets, who is from Baker City, < >r.. describes his experiences graphically a.s> follows: "I was standing on the rear «»n<l of the steps, grasping the safety hamtl«» with my right hand. As we drew near the curve I noticed that the car was moving with hair-raising rapidity, and I was Inwardly certain that we could not make the turn at the speed we were going. The car was swaying from side to side, and Just before the curve was reached I tightened my grasp and closed my eyes. "The next thing I knew I was flying head downward Into a pile of sand, probably the only thing that saved my life. I had but a haxy recollection of hurling through the air and that my hip and back were hurting me. It would have been Impossible for any one to have held on to the ear, and th<* nails were torn back from the fingers of my right hand In my desperate ef fort to clutch the rail. I narrowly missed striking a trolley wire pole in my tumble. I do not understand the cause of the accident fully, as I was too much occupied In recovering my wits, but I did hear some one say that the motorman admitted he was a new man and forgot all about the curve he was approaching and therefore neglected to reduce speed. PIKE SAYS LITTLE. Motorman Pike made a statement that he was not going down the grade at a very rapid speed and that on ap proaching the curve he was unable to stop the car. The curve is unusually sharp at the Parker avenue turn and it is the custom of motormen to slow up there. The car gained headway, jumped over the tracks ancr^plunged into a bank of sand and clay, swerv ing sharply from its straight course aa it did so. This whip-like snap threw the people from the rear and head ends on the north side of the conveyance. Conductor Poland knew little of the cause of the accident and had been In structed by the railroad officials to make no statement to reporters. Policemen Wiskotehill and Fulwider reported that while detailed at the cor ner of California and Presidio avenue they heard of the accident and went to the scene. They found car No. 738 oft the track at some distance from the curve. They arrested Motormaa Continued on Paa» 3, Column t.