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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, March 31, 1906, Image 2

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Water Pours Through a Big Break
:^|ii^m?KfteMee Near Lodi.
Heavy Downpour in All Sections of
c;/ : the State Swells Streams.
- Tho.r.iln which made San. Franciscans uncomfortable yesterday vrn« sen
- <T3-t throughout the Stmt** From, nearly every section heavy downpour* were
ireporled.- Uttle damage was done by the ibonen, though In many places the
' -»torra caused a renewal of fears of a flood, particularly In the neighborhood of
I'.n'dl. vrhere a break In the levee resulted In the Inundation of many acres and
'the. drowning of several head ot cattle. ,
STOCIvTON, March SO.— A quarter of a
rftile-of levee on the McCauley place, nine
.miles northwest of Lodi, in the northern
section of San Joaquin'County, broke to
day and -i»00 \u25a0acres of farming land will
be- flooded. The break is on the north
side -of the Mokelumne .River, .near the
boundary line between San Joaquln &m\
Sacramento counties. Many cattl* wer«
ion.the place and a number of head were
io'sf. in the rush of water.
: -,The heaviest rainfall of the season Is
reported from all sections of the county
•this 'afternoon and tonight. Up to 5
•tfclock this afternoon the fall in Stock
ton for the twenty-four hours was .68
of an Inch and most of It fell In a few ;
minutes this afternoon about 4 o'clock, j
Oa Union Island, this county, .78 of an j
Inch of rain fell in fifteen minutes this
afternoon,- the total for the day being
i inch. The streams are falling here
abouts, but the San Joaqula River is
hfgh- and the Old river branch Is within
two feet- of the tops of the levees and
fetill .rising.
Army of Workmen Repairing Lines
Damaged by Storm.
" • LOS ANGELES, March 30.— 1t is an
feoynced officially by the Salt Lake Road
that- it is expected to have the damage
from the recent floods entirely repaired
and the line opened within ten days. The
•<Go:npany has increased the number of la
borers at work on the damaged roadbed,
atnd .now have a force of nearly 1000 men
engaged. Every effort Is being put for
ward to get the line open at the earliest
possible moment, and the officials say
jhat. they expect to establish a record in
ibis", particular.
• The other railroads have their lines
practically clear, with the exception of
the Coatt Line of the Southern Pacific.
which was causing come difficulty again
" Sacramento Creeps I" p ward, But a
*•- / Flood Is Not Feared.
; SACRAMENTO. March SO. — One- of
" the heaviest rains ever known here oc
curred this evening, when in about an
hbur between 6 and 7 o'clock ' .85 of
..an : lnch of rain fell. The total for the
' <ia>\ up to midnight was over an inch.
.. The* precipitation this year is an inch
r.'iorer than, the normal. The Sacra
mento River at this point registers 25.8
at midnight and is still rising. River
' tnen s&y there is absolutely no danger,
/is the river could stand four feet more
•With safety. Owing to the immense
volume and the width of the stream it
1$ considered well nigh impossible for
the crest of the river to be raised to
•any appreciable extent above the pres
'e*nt level.
"Heavy Downpour Swell Streams, Bat
•". ' Doe* \ot Injure Fruit.
•'-. MTAPA, March 30. — There was a heavy
."downpour of rain In Xapa and vicinity
IQday and tonight. The 'rainfall for
..twenty-four hours up to 7 o'clock this
.evening amounted to 1.10 of an Inch.
. *The Napa River rose rapidly this even
ing and the creeks about Napa are run
<-'-hing at a high leveL The rain is prov
ing of great benefit to pasture lands,
ks feed was backward in some place,
fruit and almood trees are In bloom
1 throughout Napa County, but will prob
ably not be injured by the rain. Total
rainfall for the season to date amounts
'to 27.51 inches against 27.10 inches at
\u0084 ©.: corresponding date last year.
'Farmers, However, Do \at Fear Crops
Will Be Injured.
."",. VIS ALIA, March 30.— 1t began raining
-"4ere at 6 o'clock this morning. It will
;"requlre but little rain to swell the rivers
1 and streams, as the ground is saturated
water already. The banners seem
united in the belief that no damage will
be Sone to grain and fruits.
.N.bw that the recent flood waters have
.^entirely receded much damage has been
fcfund to have been done to the paved
streets. Visalia will require at least 52000
•T.O .'repair this damage. Many buildings
•liiav.e been affected by the flood waters.
The. doors of many substantial buildings
.will, not close because the etructures have
Hmiv Sbnnrm Cause Renewal of
' • Worry In Column.
\u25a0'• COLUSA. March 30. — After a let-up
oY three days the heavy rain com
menced again last night and still con
tinues. The fall during the night
amounted to .76 of an inch. The Sacra
mento River registers 25 feet 9 Inches.
\u25a0Heavy rains In the north and west
ern-, foothills Mill cause the river to rise
again. "Fears are entertained by many
that the levees north and south of Co
ljiFa may not be able to held against
*ll>e rise expected from this storm.
Duiinsr Don iipour at I.ortl Bolt Injures
Power Plant.
LODI, March. 3o.— Jn less, than one hour
this afternoon an inch and a half of rain
• -Xell In -Lodi.- When the' storm was at its
• height, . lightning ctruck ..the line of the
.American River Power Company, putting
*lt out of commission for about an hour.
: The local «telephone office also suffered!
'•Ab.out fifty telephones are out of order
because of the" lightning. "It was one of
the heaviest downpours ever witnessed in
X<ocl. and for a while the streets were
flooded to a depth of two inches or more.
Heavy Jlnlns Delay Traffic Over Lines
'V • *. In South.
SAN LUIS OBISPO. March 30.—Traf
fic over the Southern Pacific has been
resumed, but all trains are two hours
late.' . There was a heavy fall of rain
this morning, the precipitation in two
\u25a0Hours being .60 of an inch. It is rain-
Ing tonight and there Is every evidence
of- another heavy fall. The Southern
Pacific roadbed oi-er the mountains is
very soft and dangerous.
Saa'DieffO Gets Her Share of the Gen
erous Downpour. . ' :
EAN DIEGO, March 30. -Predictions or
more rain today in this section have, been
fulfilled so far by only a light shower,
but conditions favor a storm. In the pres
ent condition of the soli, another rain
would again swell the streams, which,
although still torrems. - aye begun to
subside. Santa Fe trains are again run
ning through from the north, heavy with
congested travel, baggage and mall. Sub
urban trains will resume schedules today.
Many county roads, which have been
blocked for four days, are again in use,
but. the main road to the north is cut
by the wreck of the big bridge over the
San Diego River. The rainfall this sea
son is 12.76, a normal seasonal excess of
3.63. AH reservoirs are overflowing, the
great Sweetwater basm being full for the
first time In fifteen years.-
Riven Run High.
MARTIXEZ, March 30. — The San Joa
quin and Old rivers, along the eastern
boundary of Contra Costa County, are
running banks high, and serious danger
of breaking the new levees recently
constructed along the rivers to protect
newly reclaimed land has aroused the
farmers. In several places the levees
are weakening under the strain. Pa
trols are doing night and day duty. The
levees are soft In many spots. Dredgers
are working day and night throwing
mud behind the levees to - strengthen
them. Thousands of acres of land are
In danger from the increasing Hoods
which the heavy rains cause," together
with the freshets which come with the
melting snows.
Landslide Delays Traffic.
SANTA ROSA, March 30. — Traffic on
the California Northwestern Railroad
was delayed several hours today as the
result of a landslide at tunnel Xo. S,
near Echo, in Mendocino County. Trou
ble occurred at that point several days
ago, and was about cleared up when
another portion of the hill gave way,
again covering the track. Storms have
heen heavy in that vicinity, but it is
thought all trains will be running to
morrow as usuaL
Rain Delays Farm Work.
SANTA ROSA, March 30.— Seventy-six
hundredths of an inch of rain fell last
night and this morning, bringing the total
for the season up to .25.59. as com
pared with 31.34 inches to the same
date last year.. The, continued, rains iara
keeping back, all kinds ot work on the
ranches, as well as in the cities.
U.XREST IX FESf u '.xL\'A.yiA,
SCRANTON, Pa., dSirch SO— John
Mitchell's order to suspend mining in the
anthracite region pending the conferenca
with the operators caused surprise to the
operators and miners alike. It was ex
pected that the work would continue dur
ing the negotiations for a settlement. The
miners will obey the order and the com
panies -will try to keep their mines open.
Mr. Farley, strikebreaker, has been here
for several days and gangs of laborers
have been coming In quietly to different
points. The Delaware and Hudson Com
pany has fitted box cars and cooking
stoves at its works near Carbondale for
an emergency. The Erie and other com
panies have, it is understood, secured
many non-union men who will arrive In
the region before Monday. A determined
effort will be made to work the mines
of the Delaware, Lackawanna and West
ern Company. Breakers throughout the
valley are being fitted out with search
lights and "trespass" notices" are pasted
at various collieries. The great activity
manifested indicates a determination to
< keep the mines going.
MAHONY CITY, Pa., March SO.— The
order of President Mitchell and the three
district presidents of the miners* union,
calling for a suspension of work in the
anthracite coal field, is hailed with satis
faction by the mine workers here. The
exodus of foreigners from the region con
HAZLETON, Pa,, March 30.— Many
miners In the Hazleton district quit work
today and will not v go back until the
anthracite troubles are settled.
WIL.KESBARRE, Pa., March 30.— Some;
of thee oal companies in this region have j
issued orders to take the mules out of the
mines and put the collieries in condition
?or an idle spell. At the headquarters of!
the United Mine Workers the statement'
is made that ihe order to quit work will:
be obej-ed by the men. It is not believed
that the operators will attempt to work :
any of their mines. The belief prevails. in
the business community that the miners
and operators will reach an . agreement
and that the suspension will be of short
duration. - \u0084 ; "
GREENSBURG, Pa.. March 30.— Eight
thousand miners in the employ of the
Keystone Coal and .Coke Company and
the Jamison Coal and Coke Company, in
.this locality, have decided to continue
work regardless of the action of the In
dianapolis convention. Both companies
will pay the advance demanded, although
the miners are now getting a trifle more
than Is paid to the river miners and those
In the Irwin district .
NEW YORK, March 30.— Manufacturers
on several lines of railroads running out
of New York were notified by circular
yesterday that In the • event of a " coal
strike. coal consigned to the manufactur
er« would be confiscated and paid for by
the railroads, should necessity demand it.
There is a national law! which permits
the confiscation' of coal by railroads in
certain emergencies.
Raih-oad men in New York are already
counting on a possible supply 'of "'coal
from the non-union , mines . of West Vir
ginia. In event of a strike' the price* will
greatly advance, of course, but the supply
from West Virginia Is looked forward to
with a degree . of certainty.
The stocks of the anthracite coal "roads
broke severely at the opening of the stock
market today. Jersey Central depllned
3 points, Philadelphia : and Reading 2Vi,
and' Delaware and Hudson 2. -The 1 entire
list was heavy in sympathy with , these
President Truesdale of the Delaware,
Lackawanna and Western said :' .
"The mines of the Lackawanna will be
continued In operation on Monday 'next
Rnd the company will endeavor/ to ; con
tinue them in operation. It ; is ouripur
pose'-to have notices posted :at : the: mines
notifying our employes that wthe'y- ' may
continue at i work..under the ' same condi
tions as \u25a0 now exist , under -: the * anthracite
•ti-lke-awardi" -&v«Vxi«. . ., , .-:'->-;-\u25a0*.;:
Counsel for George W. Per
kins, Accused # of Larceny of
Funds of; tlie! New York
Life, Argue His Innocence
Prosecutor Holds That the
» Accused Had No Legal or
Moral Eight to Give Away
Money of the Corporation
NEW,- YORK, March 30.— Arguments on
the habeas corpus proceedings In" the
case of George W. Perkins, former vice
president of the New York Life Insur
ance Company, who is charged In a\war
rant Issued by Magistrate Moss with the
larceny of $48,702 belonging to the policy
holders of the New- York Life, ;.which
he advanced to Cornelius N. Bliss, treas
urer of the • Republican National • Com
mittee, were made .today before Justice
Greenbaum in the State Supreme Court.
Decision was reserved. Brief s will -be
filed Monday by contending counsel \u25a0 and
then Justice Greenbaum will take the
matter of the legality of Perkins' arrest
under advisement. - * ; -
District Attorney Jerome .argued for
the prosecution and former Judge William
N. Cohen and Lewis Delafleld appeared
for the defendant Justice Greenbaum
took the liveliest interest -in the argu
ment and constantly Interrupted. the law
yers with pointed questions. Jerome said
that criminal intention, according to legal
authorities, was to appear from all the
circumstances of the case.
"The question here," he continued, "Is
as to the right of Perkins to pay the
money of the policyholders to a political
organization for the purpose of Influenc
ing the results of certain political mat
ters at the Spoils. This Is very far from
being : a case where there Is an absence
of moral guilt or turpitude. Shall. the
officers of a corporation or a single offi
cer take the money of the policyholders,
take your money or mine and- give it to
a political party? I ,say that such an
act is 'inherently wrong, whether it is
prohibited by law or not. I say. that it
Is contrary to public policy, contrary to
public morality and contrary as well to
private morality and common decency.
Half of the policyholders may have been
Democrats, -and to take their money, to
assist the Republican party certainly goes
to the establishment of felonious intent."
Justice Greenbaum asked: "If you
maintain that this was an illegal act In
what classification . dp you^put It?"
Jerome replied': ''\u25a0'ir.th'ink~'tha't the pay
ment was both -'lllegal anil I 'lmmoral. I
claim that it was both and that it was
criminal."/ <•' ~'>ir.:. *•- :- . -i.;. .. i.
Drawing a. parallel " inj justification lof
th»» payment of .money to the Republican
campaign committee, • Judge Cohen said
that President John A: . McCall i. of the
New, York Life Insurance* Company : j had
at different times directed the payment of
large sums of money \u25a0 for the relief of
the Johnstown flood sufferers and for use
in a yellow fever epidemic In New' Or
leans. These payments have been outside
the vested authority of the president, he
said, but surely not illegal; certainly very
far from criminal. ' '
"Mr. McCall," he said, "held great
funds in his possession and he used them
for public benefits. He believed . sincere
ly that" when he directed the payment of
this money by Perkins he was acting for
the best interests of the policy holders
of the company. Outside of his vested
authority, perhaps, but not illegal; cer
tainly not criminal."
It wag then explained to the court that
Perkins had advanced his personal funds
to Bliss and had been repaid months aft
erward by the New York Life. \u25a0'. .'\u25a0
"Is it common 'sense,"- asked Judge
Cohen, "to charge a man with having
stolen from another when he is repaid
his own? Perkins believed he was doing
the best thing for his company and It is
at his request that I make 'this further
statement. In saying that he acted
throughout under the direction , of Mc-
Call Perkins has hot the slightest idea
of attributing to McCall any except* the
highest motives, or any wish or idea ex
cept to protect the interests of the policy
holders." i ( ' ' *
Judge Cohen argued that none 1 of the
code of the definitions of larceny applied
to Perkins' case. | When he i read jj the
clause treating with, improper g payments
by officers of corporations having con
trol of such payments Justice Greenbaum
asked : "Do ~you mean to claim that a
president of a corporation cannot be said
to be an officer having control of funds
within the meaning of* the statute; that
the only officers so included are those
who actually draw the. checks."
"I think that is the meaning of the
law," replied Judge Cohen.
"So narrow as that?" commented Jus
tice Greenbaum.
"I think the, purport of the Jaw Is as
sensible as that," rejoined the lawyer. '
Justice Greenbaum; then asked whether
Judge Cohen thought that his Interpre
tation would ' shield from conviction •\u25a0 of
larceny an officer \u25a0 who accepted money
wrongfully given to him or paid to him
by check by an officer .having that au
thority. " '.\u25a0". \u25a0" \u25a0/\u25a0 '
Justice Cohen said that if criminal
wrongdoing was charged it was covered
by other provisions of the Penal Code.'but
he- maintained that it would not be lar
ceny under, the code. ",.:
Justice Greenbaum remarked: "I merely
wished fully to understand 'your conten
tion." '^&iV- .\u25a0':-' '\u25a0 '\u25a0: •:\u25a0 -;
Later he said: "A man's motive may be
perfectly good, and yet he may be / guilty
of crime." ' . ' V .
Judge Cohen replied that there is a dis
tinction between j motive -and:- intent, and
he declared that criminal intent Is essen
tial In proving the commission of a crime.'
: During Jerome's. reply,' to ithe; argument
for Perkins, * Justice r Greenbaum ".asked:
"Do" you maintain that It* is .unlawful* to
contribute ,the ; funds ; of '=. a> company 7 for
such purpose as Is coyeredjbyithls'case?"
"The money of .the policy-holders— yes,"
replied the District Attorney.
"But do you say, that of : contributions
from"any sort of company?"^;';
"Oh, - as to^ limited? liability companies,
when a father and members of his family
are : the -only "stockholders— no,", said ; Je-'
rome. /'But with any great" corporation or
trust company I say At ' Is Immoral ; in : the
highest degree to divert Its funds without
the consent of every, party, ln 1 Interest. "4 '%:
'. t^Have you any.' authorities , to ] submit ' In
support of : that^vlew^-any "| authorities r re
la ting to any similar, acts * or gl f ts to other
than to political organizations?!' . • ;v
-"I have not. We" have searched diligent
ly, but this appears to be the first instance
of such, an issue having arisen. It would
appear that your Honor will have to pass
upon the questioh'as to whether there was
a felonious intent -without the assistance
of such authorities." •
Conduct of Officers of -Life-- Insurance
Companies' to -Be Investigated.
NEW YORK, March 30.— A1l matters re
lating to officers of : the life insurance
companies \u25a0, who 'may have transgressed
the i criminal ' laws will be- considered in
May by a special' Grand Jury. -
This was 'decided today, when Judge
Dowling, in the criminal branch of the
Supreme. Court, granted District. Attor
ney Jerome's request that such. a jury
should be impaneled and signed an order
directing the Commissioner of Jurors to
draw the panel.' In doing so Judge Dow
ling told Jerome that before taking this
action he had consulted with Judge Scott,
who : win preside in the criminal branch
during 'the May- term and will have,
', charge of the" special Grand ' Jury's delib
erations, Judge O'Gorman, who will be in
the ''criminal branch for the April \ term,
and also with j Presiding Judge Morgan
J. O'Brlert of the appellate division of the
Supreme Court. " All of them said they
were in -favor of having a special Grand
Jury ' take " up . the insurance, pases and
had no objection to him signing the order
which would bring it into existence, v
"I find there, is. : no more . expeditious
way," said Judge Dowling to the District.
Attorney,, "of , getting a . special Grand
Jury than that, you. have suggested. .You
asked for "this order on the ground that
the proper -dispatch of public .business de
mands-it,,, and you are in a position to
know all the facts and you assume all
the responsibility.".
To* this Jerome made no, response, but
late in the afternoon he had, a long. talk
with the Judge. With : this'^order signed
there is littlei.likelihood that Recorder
Goff, who takes.his place in the General
Sessions Court on Monday and \u25a0 who will
have the direction; of the f ordinary Grand,
Jury for, April,/ wili hay^' anything tq';sssj;
to that body concerning the* In'vestigatfori
of any Insurance cases. ..V .->'.'«,.
, Jerome, although, he is in b. position. ',£6
place the r Jlaj'.;body* all ; ,t;he
dence*- TJfscess^n^ -and , has several
nesses wh'om'-ht/wtll p^ie^y to callr will'
not cay ; what .'especial;'p'hases^6"f the In
surance . qupstion lie , will ' bring up^'flrst,*'
but It Is likely he will select as thfe first
topic to be submitted that on whichrfei
conviction might be ;' obtained 'without 1
much difficulty, so* that lie may bring any
officers wh6 are 'indicted "to -trial* without
delay. , \u25a0 ! "\u25a0'\u25a0 \ •
Insurance Inve«<leatlon .-JMunt Be. -Held
' ' Soon, Says Commissioner Wolf.
Insurance Commissioner %Wolf • received
a telegram yesterday from Mr.. Wolfe,, a
New -..York insurance actuary and expert,
In reference to his services In making an
investigation of the affairs of the Pacific
Mutual Life Insurance Company,- as re
quested by President Tuppef.. /Actuary
Wolfe is willing to ., serve and ij is only
anxious now about having a definite date
for beginning. Up to? last evening Com-,
missioner Wolf had not been able to say
when the exporting would begin. .:
President Tupper-of the Pacific Mutual
Life," when he made his request I for; an
examination, expressed the wish that the
Insurance departments . of . California,
Washington and Oregon, should tall be
represented, so that the entire Pacific
Coast might -have intimate- knowledge of
the facts as they. .were, brought to light.
This plan was entirely satisfactory, to
Insurance Commissioner Wolf and he
gave It prompt approval.. ; •• ...
At : the start the ; plan looked easy of
fulfillment,- but now. the department of
Washington has requested-, that the ex
pertinjf shall not. begin .until May, the
reason b'elng .that; <ue Washington de
partment has pressing business to .attend
to at home at this time that will last
some weeks.j ..•.•-
In the meantime .....Commissioner Wolf
desires to go on at-once. Actuary Wolfe,
owing to the investigation in the life in
surance business in i the East, is very busy
and he has to. -fix dates ahead to fill en
gagements,; This .he cannot rdo until he
knows when the Paciflc ;Coast duties in
connection with the investigation: of the
affairs of the Pacific Mutual Life will
begin.- \u25a0-.'.!\u25a0:'\u25a0\u25a0 •;•:\u25a0\u25a0 .•-.•..',•--\u25a0;".\u25a0\u25a0.
Commissioner YWoll said last evening
that; It might be necessary to .cut th«
Washington department 'out,*; although;- ho
did i not wish to do,, that; but :it was de
sirable, to -grant ? -.the : Mutual. Life the
earliest possible action"' In '.'response to Its
request. • The expense of *the Investiga
tion will, all, be -borne-by the Pacific, M
utual Life Insurance Company. >/:
Will He 'Burled Today.
'The funeral of the" late Mary Joseph
ine LoughboroiigH •will take place to
day : at 10 o'clock at- St. Mary's Ca
thedral. Miss Loughborough ; was ' one
of -the city's falrestr daughters; and be
loved by an immense' circle : of friends."
Her death In Rome last month came as
a terrible. shock to those who knew her
here. - She had feeen i making "ri an ;''ex
tended tour of the. "Continent with 1 Mr
and- Mrs. 1 'AllnnvWallace. During her
sojourn jin Rome * she was presented /to
Harvard Wins ithe.bebnVe.
; NEW HAYEN, \ Conn. 1 ; March 5 ; 30.— The
annual : Yale-Harvard -debate -tonight' was
won by Harvard,, which upheld;the aflirm
atlye . of V.the," question: V .'.'That ': it ;: would
be I for,- the ; Interests Tot - New York - City
to own:lts street railway system.*' •\u25a0;.'. ;
Threaten ; to j PelnKc Town.
: : BELLEFONTAINE,* Oh Jo, ! Marc h : 3 o.—
The) entire \u25a0 population ; of 4 the t town- of
Lake View, near. \u25a0: here, was 'called \ out
tohlght^to/Kelp^repalr/af break 'In-;the
dam y of y . the . Lewistori ; : reservoir. 1 which
threatens .to, deluge 'the town. ••"
WA SHINGTON, > March > 30.— Justice '\u25a0'. Harian
today denied ; that ihe i in : about ?to | retire .• from
the. Supreme bench,* as reported In 'some quar
ters. 1- \u25a0\u25a0'.-\u25a0--. " : " ; -*.r- \u25a0-. \u25a0 . \u25a0-. ;_ ," -VVi.' •\u25a0\u25a0\u25a0-\u25a0\u25a0
To' Cure. ni Cold In^One Day'
TaUe : LAXATIVE ' BROMO J Quinine \u25a0 '. Tablet*
Drugrgiets '-\u25a0 'refund >nioriey «\u25a0 it > it *• falls ." to i cure.*
E. W. GROVE'S slniatura 1» aa atuch bQX."2Sc«
\u25a0: ', \u25a0- - \u25a0 \u25a0 \u25a0 \u25a0\u25a0*--" - I ' • '\u25a0 ' ' \u25a0\u25a0\u25a0
to Co on Strike in Coal Fields
Continued -from Page 1, Column 5.
operators as to their intentions will
be made.
President Mitchell said today, he be
lieved - v one-half of the tonnage - of : Illi
nois,; Indiana, Ohio* and "Western ; Penn
sylvania would ' sign jvery soon and also
a large "number of independents having an
annual I output of 13,000,000 tons who pro
tested here j> against the advance. Thts
miners expect that very few operators in
the Southwest will sign at once.
. It was' stated 1 tonight by a representa
tive' of ' coal 'Interests of Western Penn
sylvania that at 5- o'clock this afternoon
notices were posted .at forty Independent
mines j in . the Irwln district -.* of
Pennsylvania that the 1903 scale would be
paid. These mines, it was said, employed
12,000 men and have an annual output of
9,000,000 tons. \u25a0 / - " :•'\u25a0'-.
It was also stated that F.L. Robblns, ,
representing the Pittsburg Coal Company,,
would in all ; probability 'p° fl t' similar;, no- ;
tices and make an effort to sign the scale'
for the mines belonging -to | his. company *,
and those belonging. to himself,' either .to- !
morrow, or Monday/; .It t is ' hjs desire, rc,i
was said, to have no suspension at all in
these mines > if.; Jt \u25a0.can -be prevented \u25a0.; by
prompt 'action iii sjgnlifg the scale. A ma-.
Jority. of the operators and miners left In
dianapolis' tonight.-; The* others will ' leave
tomorrow.' ':•-.\u25a0.•>-."•';\u25a0- •- .- • \u25a0 '. \u25a0 •/\u25a0
8 The Joint conference, of ; this district ad
journed today after disagreeing and after
the miners , had : unanimously^ declined to .
submit the differences:. to a commission to_
ba appointed by President | Roosevelt >-. * '
The national executive "board will meet
tomorrow morning. to arrange the details
of managing the strike. % It was empow
ered to decide what employes would . be
allowed, to continue work at the mines to
prevent the destruction of the property
during the suspension. ; " There ' is in the
national, district and local treasuries of
the miner's 12,600,000, or which |400,000 is In
the national treasury. '"\u25a0 ",
President Mitchell expects to leave on
Sunday for ' New York to meet in Joint
conference with the' anthracite operators.
The convention today tailed to expel'
Patrick Dolan and Uriah Bellingham, the
Pittsburg district officials." from the organ
ization by a vote of 450 to 353. The. con
troversy-was, referred back to the Pitts
burg district. ;.'.-'
President Mitchell had absolute control
of the convention -its sessions
and every act : desired by. him, was done.
He intimated today \u25a0'• th it If \u25a0 the
did pot ;adopt. the resolution .permitting
the miners to', sign wherever the advance
scale' was paid, \he /would 1 resign. . The
vote was unanimous, although Vice Presi
dent I^ewls tookT- a .'.vigoroiia position
against! t. ,'..'\u25a0'.'< 'V. \u0084\u25a0'.\u25a0 \u0084 "»"' I*1 '* ". -'
President Mitchell, ; in calling "^ the" '. na
tional convention', of '" the Mine
Workers of- America to -order today, said ;
• "Gentlemeh.'v the -purpose * r in: asking'
tor a. separate \ convention .of the j miners
Is to determine the policy that we shall
now pur4ue. r The secretary, has a copy_
of a communication ' addressed to .the
President of,; the \ United States by; a
part of the operators of these districts,
and I think it well that it now be sub
mitted for > your '\u25a0 Information.'.'
Secretary 'Wilson read^ the. resolu-:
tions adopted last night by. operators
pl| Illinois, Ig^liina. Ohio^ "and^^esijtrrL,
Pennsylvanl£?"asking theiVPrestdjent -of
the United States to appoint "a commit
tee to investigate/ mining conditions., •
5 Delegate Wllllarns^iif^llllnbls /asked
what assurarice^thet^mlners had that the
operators represented 80 per cent oi the
tonnage." President Mitchell j replied
that^ after; reading the resolutions of
the operators he had sent a telegram
to the President, ; telling him that 50
per cent of the tonnage in the States
mentioned iii the ; resolution, were; ; will
ing to pay the advance asked. *
W. D. Ryan of Illinois moved that
"the communication be received and
placed on file among other memoirs l f or
our future reference." This was adopt
ed unanimously.
President H. C. Perry of the Illinois
miners offered the following resolu
"Whereas, the operators of the Cen
tral competitive coal district have, as
a whole, refusedj to grant our demands,
and restore the 1903 mining and day
wage scale: and \ - .
"Whereas f , maijy individual operators
have . expressed their willingness and
desire to grant the restoration of the
above scale; therefore, be It
."Resolved, that this convention now
assembled do authorize the national
and district officials to make'agree
ments with any and all parties engaged
in ; the operation -of coal .mines,- the
same. to provide for the restoration of
the scale paid in 1903 for mining, day
labor • and dead., work, for a period, of
two years, beginning. April 1, 1906, in
the Central . competitive district, • and
equivalent. of the above demands to be
the basis in all other bituminous dis
tricts;: and ; be, lt further . :
« "Resolved, that' where such agree
ments are secured. the. ; miners and mine
laborers- shall- abide thereby and work
In accordance with; the same." \u25a0
. Delegate Mooney wanted to know if the
officials could authorize a scale . without
consulting the. miners. Perry replied
that | the .; intention |of the | resolution •is
that< all. scales signed at any. place where
an agreement should be secured must
be signed : by .the 'district officials or the
(national officials or both .together. He
said it was : not the - intention . that a dis
trict \u25a0; official or .• any other official could
make . any • scale \ with |an operator except
so - far as } has been provided ; for by >• the
convention. • He .said local ..conditions
should-; be vby all -parties >„ inter
ested. It was explained ; that where : the
same company/ owned mines ; in two dis
tricts '.the . scale : must be signed by the
company for all \u25a0; of its i" property. . before
the scalecouldbe accepted by the miners.
Perry said .the "resolutlon^was not "intend
ed to settle conditions, but a; scale.;
Mitchell then » took the ' floor. ', He said
it: had been stated^ that: his attitude had
not "'been made known to - the"> miners.
Said heY v.;-' V " V: .-- , .; - v \u25a0 \u25a0
;IVl : believe that; the .best interest of . the
miners; would be /conserved i by", signing
the jscale' -whereverMt 'ls . paid.-. I know.
how\ popular jlt Is ,to . talk . strike," but * I
also know, what a. difference there Is when
passion, has; cooled.'/ I -^ know > there have
been; large who " have
an advance \ who > will r not *. wait ten * days
before) signing^ the 'scale;"- 7 It Jis for us to
decide iwhat will : be- best \u25a0 for the interests
wo; represent^ and -what r is our, duty -to
theTcoutitry. ; My r best : Judgment \ls \u25a0 that
we ; should ; make .settlements - with '; those
operators', who /will pay our scale and em
ploy 'union- men.. ' ' :;~: ;~ - •
:-i".I : shall 'not/ be ra" party to "and >\u25a0 there
shall be mo signature ; from _; the national
officers attached to 'any* contract .;• If J the
Perry /"resolution vis '-adopted "that does
not /carry '<: with 5 it" 'the ' employment? of
union , men;l the i ?cale ; 1903 fand Jin \ the*
Southwest ; an ? advance jot \ 3 cents ; per^ton
at ' the"; basing, points, run j oi ' minearid the
full ; enjoyment of i every privilege? hereto-"
fore;; enjoyed.,; ' \u25a0" ;.-;-; .'\u25a0/ /'":.., V, \u25a0- < " /
H"ln closlngj want to say that I have no
doubt v half V the[i tonnage.. in s the"; central
dlBtrict^will pay the jadvance.'; AUhird .'of
the ? tonnage \u25a0&. spoke j '.\ yesterday and ex
pressed 5a -^willingness ;>toTslgn.v ; i^ know
of millions of tonnage that will sign the
advance): in ! addition-rto i that"; which \ has
already, openly favored •: the advance. '.";. And
some 'of : this : tonnage;? through Its repre-"
sentatlves, voted against paying th£ ad
vance. Some of this is in the south
west district." >
In closing Mitchell said: -^
"Let me make this declaration so plain
that there can be no possible misunder
standing. Just as soon as I fall to have,
the confidence and sincere respect of the
miners, not only as to my personal integ
rity, but also' as to my judgment as to
what is best for them, then I ask you men
j to relieve me of my responsibility. Let me
I go home. Let me live as you live, with
your wives and your babies.
"Gentlemen, my Judgment Is that this
resolution is the best^-the very best— that
we can or will adopt." .
I The resolution, Delegate Lewis said,
meant that the miners would give up
their solid organization, which had been
perfected at the expense of so much time,
energy and, money, because a few oper
ators offered to pay the advanced scale.
IfJPennsylvanla operators are not required
to* sign '.the "scale at..unlon aria non-union
jniries a's well,- the / miners in future settle
'Weiits'would'bV severely handicapped, and
the miners would -give, up the principle of
unionism as a projection of their* rights,
he said. >-. \u25a0 » ." •-'\u0084
President Mitchell read to the conven
tion a copy of the stand taken by the an
thracite committee and- its telegram to
Baer. 'He also' read the telegram he had
sent to 'President' Roosevelt, maintaining
that 50. per "cent "of "the tonnage in the
Pennsylvania district was willing to pay
tha 1903 scale: *
Speaking of the Perry resolution, he
again appealed. to the' miners that it be
adopted.. He said he would have^made
some changes in it if "he had been" writing
it, but he was certain the^best interests of
the miners' organization demanded the
passage of the 'resolution. On request of
Mitchell, President "White of the lowa
miners said he thought the lowa operators
would pay the advanced scale.
Mltqhell said all delegates who were In
structed must vote their instructions. He
said he thought he had a right to assume
authority ' under great emergency, and
added: ", -.'.-'
"And if I am going to continue, in this
movement, then I say that under 'a great
public crisis and under a great emergency
I 'shall continue, even without your con
sent, to s do what I believe to be best for
you"4nd best for my country."
At 3:30 Secretary " "Wilson read the mo
tion of President Perry to allow, the sign
ing of the advance 'scale wherever re
ceived.'; In a standing vote the resolution
was adopted by" a' large majority, not
more than a hundred delegates voting
against it. - .' .'\u25a0\u25a0' •
A- letter" from Governor Godding of Ida
ho \u25a0\u25a0inviting ' a committee to " investigate
conditions' there" was", read. A motion to
allow 'President' Mitchell to name 'such a
committee,' together with President Gom
pers of the American Federation of La
bor,"* brought -out a. ' prolonged debate.
President" Mitchell said .- he had asked
President Gompera for his views, but had
recefved no reply. ' The matter on motion
was referred to 1 the international execu
tive board to take such action as may be
agreed upon, with the American Federa
tion of Labor.
Chief Executive Not Prepared to Inter
*&*/&'- .- -veoc^ot Pre«ent.*£X' : ; '\u25a0 \u25a0
' WASHINGTON, March So.*^Tn view of
the fact that.it/was a letter from Presi
dent Roosevelt which ; induced^the coal
miners arid operators to" havsrfurther con
. T erences -bef ore-i reaching jiheir; final..dis
agreement, -attention; "ls y on" the
White House in the expectation that the
President will make another,. move.; This
is not likely at thto-timei' but; there is
little doubt that ultimately Mr. \u25a0 Roose
velt will once" more.b e.t he" center of the
controversy, as lie, was' In the autumn
of 1902. A friend -ot" the administration,
stating the position now .taken by the
President, sald^today: .. f , . .: v
"There is really no. call 'for ; the. Presi
dent to intervene in this -striko so long
as no one suffers but the ODerators and
miners, parties to the. strike. The Presl
dent has done what he could to ; enable
the two contending, interests- to have
sober second thought before deciding to
part as enemies and to close down the
mines. It does not always- follow that
because a thing was ; successfully done
once it can be done asrain.
"In 1902, when the President Intervened,
he did so In the interests of : the rublic
lit the entire East. \ There was a coal
famine. "Winter was coming on and there
was no coal. Already thousands were suf
fering because of lack of fuel. No such
condition now confronts him. Th«>re Is
a very large \ stock of coal. In addition
to that it Is Just the beginning of mild
weather and there will be no heating. of
houses for at least six months."- .
The Cabinet for some time today had
under consideration the coal situation as
disclosed by the proceedings of yester
day. The telegrams from Indianapolis
from John H. Winder, John . Mitchell and
Francis L. Robbins were discussed. At
the conclusion- of the meeting the Presi
dent made the announcement through
Secretary Loeb that there was nothing to
say at this time. It was added that he
had not' as yet replied to either of , the
It is known that the President's replies
to the telegrams received from Indianapo
lis will be to the effect that he has the
whole matter under consideration and it
may be some days yet before he decides
what, if , anything, can be done.
President Roosevelt later authorized the
publication of two telegrams received by
him last night. One came from" John M.
Winder,' chairman of the Bituminous Coal
Operators' Association ' at' Indianapolis,
and the other from John Mitchell, presi
dent of. the United Mine 'Workers' of
America, "-. and. Francis L. : Robbins, the
largest coal operator In the Pittsburg dis
trict.. - , \u25a0; . ; ;'•
':"\u25a0: The telegram fromJWinder proposes that
the. President "appoint "a committee to
Investigate 'ill "matters 'which In the judg
ment" of such' commission* had -«n impor
tant bearing on the scale of wages which
should be paid all classes of labor In coal
mines of the territory Involved.- He pro
poses that , the " commission report to the
President its 'findings ;of facts, together
with I Its ' recommendations, | and • suggests
that the commission have power -to ad*
minister oaths and compel the attendance
of witnesses. ' . "- \
The- telegram Bigned by "Mitchell _and
Robblns takes Issue with the statement
made. in. the* telegram signed : by Winder,
saylng;that It .does .not represent the real
facts. They assert i- that . one-half of the
total tonnage in : Eastern .Pennsylvania,
Ohio, Indiana* and Illinois is produced by
operators iwho:. are' willing to pay the
compromise 3 scale.'. The a President has
taken no action In the matter as yet. . "
Dl-Graves'D 1 - Graves'
Tooth Powder
H, : : ;\u25a0:.-:>\u25a0 \u25a0..-\u25a0\u25a0'\u25a0^•> : --.r >'^-:-" '\u25a0 \u25a0\u25a0••":--.\u25a0
It- is the most effective^ tooth
preservative v and-^cleanser.
madeij : vUse it for health and
economy— 7 leaves delicious
aftej taste, your dentist
. In bandy met«l cans or bottles, 35c. \u25a0
Dr« Graves' Tooth Powder Co.
Twenty-Three Travelers Are
Seriously Hurt in a Kail
road Accident in Indiana
Women and Children Are In
jured in a Wild Scramble
to Escape From Coaches
. FORT WAYNE. Ind.. March .30.— As
eastbound Nickel Plate passenger train
No. 2, was approaching the town ot
South Whiteley this afternoon tha
smoker, day coach. and five sleeping
cars left the track and turned over In
a ditch. Injuring twenty-three persons,
one fatally.' Only" the baggage car ana
the rear trucks of the dining car re
mained oa the track.
The accident Is believed to have been
caused by spreading rails.
Passengers say a number of those In
jured were hurt lna wild scramble for
the door of the "car, when women and
children were trampled under foot.
Fatal Wreck on Canadian Pacific.
ST. PAUL. March 30.— A special to
the Pioneer Press from Winnipeg says;
A wreck occurred on the N«eepwa
branch of the Canadian Pacific Rail
road today. One man was killed and
a large number of passengers were In
jured. . •
\u25a0 \u2666 \u25a0
Alleged Forger Must Come Back.
SACRAMENTO. March 30. — Governor
Pardee today issued a requisition upon
the Governor of Pennsylvania for tha
return.- to this State of Frank L. Pullen,
now under arrest at Beaver. Pa. Ful
len Is wanted in San Francisco on a
charge of having forged a certified
check for $1800 on a West Virginia
bank and collecting on it from a San
Francisco bank.
KiteY Diseases Are Too Danprois for;
San Francisco People to Neglect j
f ___— . \u25a0 . i
The great danger of kidney trou-
bles is that they get a firm hold be-j
fore the sufferer recognizes them.
Health is gradually undermined, back-
ache, headache, nervousness, lame-!
ness, soreness, lumbago, urinary trou-'
bles, dropoy, diabetes and Bright's
disease follow in merciless succes-
sion. Don't neglect your kidneys.
Cure the kidneys with the certain and
safe remedy, Doan's Kidney Pills,
which has cured people right here ia
San Francisco. !-
Airs.. V. Powell of 272 Harriet!
stree£ says: "I know of a case of kid-:
ney complaint,, probably, due . . to'
the contraction: of a- coW, where
Doan's Kidney Pills were used and'
the treatment stopped very »ever«,
aching across the small of the back.-
This was > sbine months ago, and since'
then there has not been any indica-,
tfon of a return. I have seen ac-
counts in our newspapers in . San
Francisco of others who were jnst as
pronounced in their estimation of
Doan's Kidney Pills. as I."
sale by all dealers. Price 5a
cents. Foster-Milburn C 0.,, Buffalo,
New York, sole. agents for the United
Remember the name, Doan'a, and
take no other.
9 Years From Now
In San Francisco.
If you are alive In 1915 this Is
what you will probably read:
King Edward Is having a good
time" while here. He was driven
through our Park Panhandle Ex-
tension \u25a0 today and . said . that h«
was going to quit being & Kins
and come over here and live-
even If he had to sell papewi — biT
enjoyed the drive so well. Th^
King is getting pretty feeble. bnV
he's a kind and gentle old man.
Printed list of property free.
"Shannon, the Real Estate Man,"
• a ctrrzcosEßoxK QCAaTxxsxuu'B •
\u25a0 -15 cents emch -- 9 lor 3s cents . " I r "
-jL* CLUETT. PSASODY -A CO. \u25a0 hJL*
' WSI Maim if Clurtt etui JZanarrh ShtrU.
J Telephone Main 1471. J
if Artiittr •', L Fish, - RepresentatiTC *
The Times ja the advertising •'"
\u25a0 medium of the Southwest '\u25ba
\u25a0 . \u25a0 • '\u25a0\u25a0 \u25a0 ' \u25a0 '. \u25a0\u25a0
if A /fix VBOV 80^ 0 /h l
\ iVfUynvKwiiAiioiEsLvEacil i-
I That Man Pitts ?
\ 1008 MyketSt- &w FRANci^cq

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