The San Francisco call. [volume], February 06, 1907, Page 2, Image 2

About The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913

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2
Oakland Victor in
Battle of Decades
Is Irrevocably-determined to be In the
State, and to be forever in the control!
of the State, for it'ieannot be alienated.
This applies to the lands under the
: water of the bay from the low tide line
1 of 1552 outward.
i AFTER VltiHT OF/ DECADES
The railroad ceases, In f£ct7 to be an
owner of one inch of land on deep
water. For not. alone is the low tide
line of 1852 landward of the present
line of navigable water, due to accre- j
lions which have moved the shore line j
bayward, but It is within the power of
the people to establish a water front
I line outside and bayward of the rail
road's holdings.
The city of Oakland Is. exactly in the
same position as was the city of San
Francisco when the "red line" was es
tablished, out to which the tide lands
were filled and the "water lots" be
came interior and upland holdings'.. Al
ready steps are being taken to draw
the "red line" around the Oakland
water front and to establish a harbor
line outside the holdings for which
the Harximan road has contended to
; the last ditch. >;-;•:•
• It took some time for the men in
Oakland who have fought for decades
: for these rights to realize that it had
all been given to them by one decision;
that it was not alone true that the
Southern Pacific had been restrained
from preventing the access of a rival
to deep water, but that the... whole
eleven miles of city front had been re
stored to the people.
RIGHT VESTED 15" STATE
In the decision the Judges not only
limit the holdings acquired under the
grants to Carpentier, and the Merritt
compromise, to the low tide line of the
day of the original grant in 1852, but
they go further and deny the holders
of that land the right to accretions,
however made, and the exclusive right
to wharf out from their property to
deep water. That right is vested In
the State alone and cannot be alien
ated.
It follows that the long wharf, the
Alameda mole and the Key Route
pier are all of them on State property,
and can be controlled by the State in
exactly the same manner in which the
wharves on the San Francisco side of
the bay are now controlled. In this
connection it seems, singularly
enough, that the Western Pacific has
rather a better right to the partially
filled land along the north training
wall of the estuary than its rival has
to the wharves it has used for years.
For in the decision the Judges say
that the Southern Pacific "has not ac
quired the right to wharf o.ut under
the general statute of California pro
viding for the exercise of that right."
The reference is to the provision for
acquiring the right, without property
Interest, to build a wharf over the
. State land which is to be had from
the board of county Supervisors. This
formality has alone been observed by
the Western Pacific. But even this line
does not and cannot own the land on
which its terminal will be constructed.
STATE'S SOLE CONTROL
'It has been at times erroneously
presumed." Attorney Davis said yes
terday, "that the Federal Government
had the right to give wharf privileges
over State .land. This opinion arises
from the fact that the United States
has established lines beyond which In
the Interests of commerce and naviga
tion it will not permit fills and piers.
'But the Federal Government can only
• say what shall not be done; it cannot
\u25a0 give any rights."
In this connection It Is known that
the War Department will reply to the
contention which lately arose between
the two roads over the attempt of the
Southern Pacific to encroach on land
between the mole and the training wall,
whfch "wa6 claimed by the Western
Pacific, that it had no right to deter
mine property issues in tide lands.
In the past ships have at times gone
to the long wharf In Oakland to dis
charge there and evade the payment
of toll to the State of 5 cents a ton
which would have to be met on the
San Francisco side. The railroad has
taken to Itself the benefit of Its false
position, but that is one of the abuses
which are ended by this sweeping de
cision of the Circuit Court. The State
will now have the right to collect toll
on both sides of the bay. %
"Whatever is done, we must do noth
ing in haste," was the comment of ex-
Governor Pardee last night. "We have
made mistakes enough In the past. It
will take some time to digest this
decision and realize the rights •which
have been restored by it to the people.
Doubtless we will have to put the
• Oakland harbor under the management
of a State Harbor Commission. It was
no hasty thought of Councilman Burns
\u25a0when he proposed that matter at the
council meeting last night. He had
asked me to include it in my call for
the special session of the Legislature.
But we .can afford to go slowly."
HISTORY OF LITIGATION*
Encouraged by the breaking of the
old bonds the Oakland people intend to
go further and vigorously contest the
• ownership of the Southern Pacific to
the strip of tide lands between the low
tide line of 1552 and the shore line.
Both Pardee and Davis admitted yester
day that such was the intention, but
they both asserted that the ownership
of these lands \u25a0was a small thing com
pared to the rights of the. State out
side and in front of them, which ef
fectively cut the railroad off from the
monopoly of the harbor. Davis said
that the suit of the city of Oakland
against the Oakland Water Front Com
pany, which is at present in the Su
perior Court of Alameda County, would
•eventually go to the Supreme Court <of
the State, and that an attempt would
then be made to contest the entire
owersbip of the railroad In any
of the tide lands acquired through the
fraudulent grants to Carpentier.
"; That \u25a0 they were fraudulent no one
doubts.- Carpentier himself admitted
it. and the Supreme Court so held. But
because of some strange saving power
it has heretofore been impossible to
oust the. railroad from its ill-gotten
holdings.
HISTORY OF LITIGATION
The history of . the tide land dispute
reads like a romance. It began in 1852,
.when Carpentier had the town of Oak
land incorporated, apparently . without
the knowledge -or consent "of anyo ne,
and inserted-.-lri^ibe charter. -a rider
\u25a0which made .It possible for him In the
following- month • to 'acquire -the' entire
water front for "a schoolhouse and a
wharf.". • He built them both, and they
•were duly. and formally accepted by the
town in 1553.
The Bchoolhouse was a one-story
wooden affair, some twenty feet square,
and it is still standing. The following
year; Oakland incorporated as a city
and forthwith .Instituted -a suit in
equity to set as^de the grant *.to Carpen
tier :-on the -igrrolmd'* -that it had been
acquired by 'fraud. .. \u25a0From'- that, day to
this; this suit' and* its successors have
\u25a0 been --dragged! no : and mown- the : courts
of the State with Oakland usually: at
the losing ehd^ Carpentier. passed \u25a0 his i
holdings along .to' the 'Water Front
Company and ' that " company I ' turned
them over _tq tfie Iratlroad? '.': ji^T; *V
- OAKLA^TOOk.LOSIA'G.END
In 1861 the-Legislature passed a rati
fication act 'entitled , "An act to enable
the "city. of.,Oaklan<J to.^ settle .its dis
putes."*" The;rejs\i!t. was .that ibe^Cen
, tral Pacific did' rriost'of tlie settling and
: Oakland remained at the losing end.
It "was known as the 'Merrltt compro
mise, after the Mayor that year, and the
inducement which /caused the young
city to resell its birthright was a trans
continental terminal and construction
shops which the progenitor of the Har
riman system proceeded to construct as
Carpentier had constructed his sehool
bouse and wharf." Again if-was'-;at
tempted •\u25a0•*©•- set. aside the whole -line
of transactions on the -ground that they
were all; based on fraud, but the Su
preme Court held that the Merritt com
promise was binding.
The suit which is now pending is
based on the contention that the town
of Oakland had dedicated streets
through the contested strip before , the
first gift, and ought-to" be at least al
lowed to own these. Then came Judge
Morrow's decision, which gave the, road
I even more than it had had the face
! to ask, and even the. lawyers who had
grown up and grown old.'in the busi
ness of these suits were ready to give
up. When it looked darkest.; the Cir
cuit Court of Appeals has turned the
tide against the railroad and Oakland
1 has come once more into her own.
WESTERX PACIFIC PLASS
The removal of legal obstructions to
the completion of work on the termi
nals of they, Western Pacific Railroad
has set the construction department to
putting into operation plans for one of
the greate'strailroad mid-way terminals
ever constructed in any part of the
country;
Contrary to general public Impression
the engineers of the Western Pacific
have been going ahead with their plans
for the depot, freight yards, ferry sys
tem and warehouses, expecting that the
decision of the courts would eventually
give to the company right to build
somewhere north or south of the Ala
meda estuary. The improvements under
consideration will involve in their con
struction about $4,000,000, which will be
spent in this city and Oakland. Subse
quent expenditures will net about
$2,000,000. j
Virgil Bogue, chief engineer of the
Western Pacific, is at present In Salt
Lake City. Monday evening the gist
of the decision was wired him from this
city and it is expected that he will
make his stay in Utah short and
return here as soon as possible. The
construction department of the Gould
lines have not yet been officially.noti
fied to begin actual construction work
on the terminal, but orders will be Is
sued soon. The engineering work has
been accomplished so far. as estimates
of costs of labor and material are con
cerned and all surveys have been com
pleted.
The new Western Pacific pier will in
all probability be of piling, but it will
eventually be filled in, the same as the
Southern Pacific Oakland pier. The de
pot Is to be somewhat like the depot of
the Key Route ferries. Trains will ap
proach the main depot through an ar
cade 1000 feet long, the center of which
will be used by yearns. The trains will
enter and depart on the north and south
side of the pier and there will be upper
and lower deck approaches in the main
building to the ferryboats.
The new steamers of the company
will be somewhat similar to those of
the Key Route, but considerably larger.
Boats for freight traffic will be pro
vided and the regular boats will be
built with rails for the accommodation
of freight cars. '
SAN FRANCISCO SIDE
For yard facilities on this side of the
bay the Western Pacific will : have . the
same switching privileges on the State
Belt Line Railroad as the Southern Pa
cific and Santa Fe. The company has
land secured for terminal facilities here
that will be adjacent to the State Belt
road. The Southern^ Pacific :Dun\berton
Point property on ttie south, of the city
does not interfere at present with any
of the Western Pacific's arrangemens
and the tidelands between Dumbarton
and the China basin have, under. the re
cent decision, reverted to the' State,
which has, however, always claimed
them.
The completion of the State belt line
from where It is supposed to have be
come an actuality at the Mall dock
to its terminus at Vallejo street may
become necessary «when another road
enters the city. The Southern Pacific
Company has indirectly but effective
ly "prevented the -completion of this
line across the city, officials of the
State having from time to time shown
by cleverly presented statistics that it
would be a detriment for the road to
cross' Market street.
The property acquired by the lease
of the China basin by the Santa Fe
Railroad is not affected by the deci
sion, as the property along the water
front of San Francisco rests in .title
with the Sta^e, which has never re
linquished its hold upon the dock line
and approaches except when certain
sections of unimproved water front
like the China basin have been rented
or leased to Individuals or corpora
tions.
The Key Route properties have been
placed In Jeopardy by the decision and
work will have to cease on the,bulk
head that Is being established between
the- Key Route pier and a line adja
cent to the Oakland pier. It was the
intention to fill in this land for a dis
tance of 1000 yards from shore ; with
a view to creating a sheltered harbor
in which, docks could easily be run
out to deep, water. " ihe Key , Route
and Southern Pacific piers would have
given perfect shelter to shipping, and
while the dockage within the piers and
bulkhead would have been /to : a cer
tain . extent limited, ::. the jr would • have
been sufficient to accommodate a large
fleet of ships. " ,
Title to the water. front holdings \ of
the Key Route was secured from : tne
Pacific Improvement Company, \ which
had acquired most of Its holdings from
the . Southern Pacific Company.
HERKIX WILL NOT TALK
While the Southern"- Pacific .Com
pany's corps of legal advisers Is not
appearing in' the open In •-\u25a0 defense i of
the corporation's position In'.theimat
ter of the" decision 1 of the United States
Circuit Court of Appeals, - there :is ;no
doubt that a tremendous effort will be
made to offset the effects of the' ruling.
Attorney Peter F. v Dunne, wb,o v has
been in charge ; of the \u25a0 proceedings
against the Western, Pacific Railroad,
is in Southern California,' but he \will
return to this city as soon as possible.
The, Southern '- Pacific - will .-. contend
that" the decision.' merely brings* the
case baok to the original suit against
the Western Pacific;, that ', the * findings
were passed "merely upon . the .points
Involving ,a .restraining ordei\^/and
while perhaps sweeping in fact,* do {not
apply,, to the original -case; which- must
and will-be triedon Jts. "merits.*', -"i. •:
, W. J. Herrin, . counsel • for - the i South
ern Padflc, ; dld not care,' to i go j Into
the details . of the\decision,orJto)com
ment upon'4ts probable'effect on ' Souths
em Pacific holdings.^ Herring has r ; not
been * handling * this : particular case ;ror
the- corporation $ and ; has- appeared > in"
it only Jin. an :! advlßory: capacity."', SitJ:
The Southern 'Pacific -does) not think
that' its "holdings on the water front of
Oakland will 1 . be\- undermined \u25a0: by etlie
decision;' although^ it Is ; plain \u25a0to- be
seen , tthat . : it; has not much \u25a0 hope of
preventing? entry/ oft the \ Western? Pa
cific- to the „ terminal-, ground^ ltlit has
chosen.: .It; wfll ' make - legalrbattle to
secure . better;. iltle tofsuch t wateE* front
properties ;as it . hai i" > expected j would
serve as 'a barrier, to", competitive \ lines
reaching ,. the \u25a0; bay Aof '\u25a0\u25a0< San :i Francisco
from the Oakland shore/ buf?Just> what
contention* it ; will advance \u25a0In 1 support
THE. SAN- FRANCISCO," GAOv; WEDNESDAY,. FEBRUARY 6, ' 190 T.
INJURY DONE TO
SANTA BARBARA
Merchaits .Testif y That Dis
crimmation Shuts Out the
Jobbing Business -There
CASE IS ESTABLISHED
I'" SANTA' BARBARA, Feb. s.— When In
terstate Commissioner Lane called the
cast* of Santa Barbara: "against the
Southern Pacillc 1 and other railroads tof
day, W. H. Barned of^Ventura made the
opening statement. He said ; that
briefly summarized, Santa Barbara
claimed that undue discrimination was
practiced. . ' . * :
B. H. Smith testified that his occupa
tion .was clerk for the Steams Wharf
Company. The amount .of
tonnage carried over the. wharf yearly,
he said, was 8297 tons; outgoing,. 2soo.
The boats calling were regular coast
steamers. Vessels . could .'"land X their
freight every day, with the "exception
of perhaps ten or twelve; days, in the
year. : -" '";'\u25a0 '\u25a0\u25a0__'\u25a0.'\u25a0 i.
W. H. Weldon. the next witfaess, testi
fied that he L was secretary of the
Channel Commission Company. Asked
to •\u25a0 explain - the discrimination com
plained ofr he- said the consumer was
injured by the additional freight, in^the
price he had to; pay for- his' goods, "; and
the merchants were injured in' that
where the actual .freight which they
had to pay on their; goods was ; not
such as to justify the increase, they
had to take smaller profits than enjoyed
at similar points where terminal rates
were enjoyed. Weldon read a long list
of commodities affected by \ the local
rate. He gave also specific cases by
way of illustration.
At this point Commissioner Lane
said: "The commission will / assume
that -if Santa Barbara had, a terminal
rate Santa Barbara could do Jobbing
business. That, I understand, is your
point."
\u25a0'. "Yes,' sir," was the reply.
SAXTA BARBARA INJURED '
"Therefore, by reason of the fact that
Santa Barbara does not have terminal
rates.l she is injured to that extent,"
added the Commissioner. ' . .
"Yes, sir; but that is, not the only
injury."
"I meant that it would not be neces
sary for you to introduce evidence on
that point," said the Commissioner.-
On cross-examination relative to the
amount of business done by. Weldbn's
company, Attorney Durbrow, for the
railroads, asked if anybody but his firm
was interested in this demand for-ter
minal rates. ; ,-'-^i: " : \u25a0;.. ' " "" .
"You need not answer that question,
Mr. Weldon," said Commissioner Lane
quickly. "We will assume that all. the
people of Santa Barbara are interested
in this matter."
G. S. Barnes, president of the Chan
nel Commercial Company, was the next
witness. In answer to a question as to
whether or not Santa Barbara and Ven
tura were Injured; in an. industrial way
by . reason of the fact that they were
discriminated against. Barnes said that
certain manufacturers ': had declined : to
come to these points because \u25a0of this
local rate. "In other, words, you mean
that Santa Barbara or Ventura will be
benefited by being a terminal point?"
said Commissioner Lane.
"That is the whole case," exclaimed
Durbrow. :. . , ' "
"You wllladmlt that, Mr.'lDurbrow?"
said Commissioner Lane quickly. ... \u0084V
"No, I cannot, your Honor," said Dur
brow. hurriedly, whereat there, was a
general laugh- at Durbrow's expense. .
; ; Uw.^ONE -CASE ENOUGHS^ . '[\ '\u25a0
Durbrbw started a line of 'questioning
indicating, that he \u25a0 wlshed"to ."establish
by the .witness that his was ' the * only
wholesale firm doing- business In • Ven
tura or Interested in- this"Bult,when"he
was interrupted again? by
"Suppose that he is the only one who
has the temerity, to go into: the whole
sale business. It * does ' not prove '\u25a0, that
there would not be fifty others," said
the commissioner. . >
"Butiwe are not dealing with possi
bilities," exclaimed Durbrow.
"Yes, sir; you are dealing with the
possibilities of the community," said
Commissioner Lane. "Even 'if this gen
tleman 'is the one and only, jobber in
Ventura and Santa Barbara, that is suf
ficient upon - ; which to \ base - this ' com
plaint."
W. L. Hunt, J. F.Diehl, T. M. George,
C. H. Fink and F. F. Pierce all testified
that the differential rates from i \u25a0 San
Francisco and Los, Angeles placed 'them
at a disadvantage and as they were
compelled to sell* merchandise at the
same prices as terminal ; points their
profits suffered in consequence.; The de
fense introduced but one witness, M. F.
Flint, secretary of the Pacific Coast
Steamship, Company in this city.
When ; Commissioner, Lane ' closed - the
investigation he stated It was adjourned
to meet ; In Ventura ; tomorrow, at . 1
o'clock : and = that j Santa v Barbara'; would
be privileged to introduce as many more
witnesses as desired. He stated that the
Santa Barbara and Ventura" cases ', were
identical and would be so :; considered
and acted on by the commission.
of its claims have not been made pub*-
He .. •.--.--:: - '\u25a0/.-. •-. - , :;\u25a0 . .
OAKLAND . MAYOR TO ACT
Mayor Mott, realizing: the-poßSlbili
ties for the city of Oakland 'which
arise from this decision,'- said last
night:-"";.- '\u25a0\u25a0\u25a0 '. ..-. ' h .\u25a0\u25a0..;..:.;,; 1 .
My deep interest in tht water front situation
as affecting the material welfare of Oakland will
lead me to take actlye steps as soon 'as 'possible
to determine exactly 'and definitely what {he city
gains under this Important action, i' Public policy
demands that th« city should' control this \u25a0 mag^'
nlflcent harbor frontage. \ -For myself, I feel that
the elty should safeguard Its rights, ; and, \u25a0 while
generous to all railroads or other interests which
might desire to enjoy privileges, the city should
be the first consideration. :\u25a0 \u25a0 - .:'.-...-,\u25a0,. b , / \u0084., ... .
In short, control of the : water I frontage should
be in the city. 'This is of prime and greatest Im
portance. \u25a0 If ' this - decision means \u25a0 that Oakland
shall ' control the harbor facilities, the gain is so
great that I doubt .< If a more important action
could be takentby our courts.' .f .\u25a0\u25a0':,\u25a0;\u25a0 .\u25a0\u25a0; \u0084.-
; - This \u25a0: situation ,; is of such - Importance that I
shall I call • together the city's special counsel In
the water front litigation tomorrow for a confer
ence. I desire a written opinion from them as to
the effect of the decision on the city's Interests
and what is the proper step for me, as Mayor,' to
take at this time. It seems as though 'the court
had opened a vista of light through the long and
apparently, interminable; litigation ; on . our water
front contentions. ,:.. \u25a0">'...,-. \u25a0 \u0084 ; ,
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Academy's Pupils
tbi Entertain .
Tonight
The pupils ' ot St. Mary's Presenta
tion Academy,, 990 Eddy street, will
give a' muslcal,and dramatic entertain
ment ;at Holy s Cross ; Hall, Eddy 4 street,
between • Scott ; and i Devisadero, tonight,
for the. benefit of a fund that : is -being
raised :to 'rebuild: the academy struc
ture destroyed by the fire of.last April.
The .sisters .of * the institution, have
lent their aid in'eyery way to make the
affair : a- 'success v- and some excellent
musical have been arranged.
Miss Lillian rHanhan, one of the most
promislngrpupils.: of : Madame Fabbri
Mueller,'; will l render- "Love's Sorrow",
from Shelby.: 'She has a rich soprano
voice. '\u25a0*:' \u25a0-...\u25a0'->.\u25a0. ..'-.'•\u25a0•'/' ;*; * '\u25a0\u25a0\u25a0 ''.'\u25a0'.''. . 'j
Signor Albania the, male soprano, will
give; several 2 difficult vocal selections.
Miss Olga Ingalls,- another of the pupils
of Madame \ .Mueller, will v sing "Aye
Maria'.' -froniiMascagni.
The pupils of ; the academy will also
present a farce. -" \u25a0\u25a0'\u25a0
HELD FOR MURDER;
FOUND A THIEF
1 Fred; Gentosa, one of the men under
suspicion of T being implicated* in the
murder last; Saturday of .'Claud; Young
in an |i East-street rooming-house, has
a record vwithHhs police and ;In his
arrest "ithe'offlc^rsy have located, they
believe^ the i much-wanted man who;
about • two 5 months Vago, succeeded 'in
getting*:- *way,£^with 'about J2OO- worth
of valuables : ; v from the : Family ClubJ
He ' was, jbedmaker ; at that place •\u25a0 and
general: utility man. Among the effects
located In-; his v' "room^yesterday by Hhe
detectives ; was a 1;a 1 ; silver; cup, '- some", ex
pensive", underwear and 'other articles
of , value - which "f came " fronfithe Family
ClubV: The? plunder was % Identified , by
W. ; li.l Matlock J manager./of | the'; club. !,
Middleton.'tifcjs man accused' by, Mamie
,G. Davis of acting queerly.onthe morn
ing, of the murder,, and who. was placed
in the j Bush-street police! station - pend
ing an: Investigation; .has a;long record
of crime and has 'trayeled/under" many
aliases. '\u25a0 He has" served three terms in
San Quentin. \u0084 ;' . ', • . . ,'
, Middleton was' taken' yesterday to
the Morgue to view the remains \ot
Claud Young. He showed extreme nerv
ousness, but maintained ; his inno
cence of the crime, "saying v he did not
have physical ; or. nervous strength to
commit : such a deed. : . J ;\u25a0
Another clew is \u25a0 in the hands of Cap
tain of \u25a0 Detectives 1 Duke ! which may
lead to something definite. It. is/al
most certain that. W. Wight, who left
on the steamer. W a t s o n ' or " Seattle
Saturday morning, had \u25a0 - been with
Young a few hours "j before; the flatter
met . death in room"; 31 >, at \u25a0 the -Ferry
House. , . It is also 'determined "that
Wight and Young 'bought tickets for
Seattle -together', and * that Wight later
attempted to sell ticket; at
the JSteuart-street- wharf. :± The Watson
was due to arrive yesterday? afternoon
at Seattle and ' Wight -will ' be j appre
hended and probably .returned to this
city, to tell all he knows of; the .'mys
terious murder of the; young. English
man.-, •-."\u25a0;•:;," ;.'u. -t.*'.
WIGHT ARRESTED *
Feb:; 5.--H. B . . Wight,"
who arived from : San ; Francisco on
the * steamer Watson \u25a0 tonight,' was *; ar-'
rested by two detectives as he stepped
ashore, charged ; with .the murder; In
San Francisco last J night of his
partner Claude Young.. . ;
.. The request to .hold Wight came Uo
day.;-, He is a "young 'Englishman,: an
electrical engineer, ; and; says* he; and
Young were schoolmates Yin "*;• England
and ; later ; were comrades iin I the ; : Boer
war..; They had ; been'; in ; ; San 'Francisco
but" a- short time ajidlwere [to have met,"
so ; Wight " says, "at '^ the ! sailing "of the
Watcom . last" Saturday. ; 'V . - . ' :
fijYoung declares did not show
up and he came on;the ; boat.t. He'denies
any \ knowledge of 3 his "partner's j death,
arid\ says he will? willingly/. go' back to
face the s charge. .' * - v - ;
GILLETT IS SILENT
SACRAMENTO, ; Feb.i s.~Wheh asked
for ?. an , expression \u25a0 of "the -State's "atti
tude \u25a0•- toward the • Oakland ! water, front
decisionj Governor, Gillett; said:: :^ .(;
XI hay« not been able '"to read the de'clsiofc* t Tlie
matter 1b one that has not been called to ray at
tention, either, officially -or otherwise,"' and 1 hare
given it no consideration. It '* is ; a \u25a0 legal * battle
between two competing railroads, '\u25a0 and fortunate
ly, :•; whaterer the \u25a0 final :> decision, '- -, It ; ' must t. be
obeyed. - In . this , ease i no'; Judgment J can i be . ren
dered that can depriTe the Statew an*; rights . lt
now has," and, should the State rights In any way
be jeopardized, they will b« promptly, and rigor
ously: protected. .*:.\u25a0•\u25a0: .-.-•\u25a0\u25a0'•.-• , .'. -r .'.'•\u25a0•;• -.\u25a0.;<'
MANY PERISH IN
SNOW AND COLD
I^\ 7 ie: Found IJnharmed Aft
" er Being Buried All NigKt
Under Slide : at Monarch
TRAINS ARE-STALLED
\u25a0'-SALIDA, C010.,. Feb." 5. — Seven persons
were killed and fourteen injured in the
-showslide : which '. came down Monarch
Mountain., upon' Monarch," a : mining
camp, /eighteen miles- west of . Salida,
last night. The -slide; wrecked ; ; three
buildings -and \u25a0 partly, demolished a
fourth.' ' f
— The bodies of: ; the following have
been recovered : Frederick Mason, Mrs.
Frederick Mason/. Joseph Boyle; George !
Griffith; ; John Emerson, John Gillette
| and Stephen; Skinner. . . . \u25a0 '. ." . .'-.••
'-, The Mason; baby, who was \ reported
to have been killed, had, a miraculous
escape from death. He was buried un
der : many : feet of * snow, and i brqken
timbers from 8:30 o'clock .last'night un
til 10:30 today, and -was found lying In
hisbed; unharmed. 'Near by were the
bodies of his, parents. '
. James Lecky. was-'. pinioned'" under a
heavy blanket of snow, by tbroken tim
bers,but!managed Uodig a hole in the
snow- with his: hands so that he could
breathe until: he was "rescued.' He was
in communication -with his 'rescuers
many-hours before being taken out. ',-. : i \u25a0',-:
CHEYENNE, Wyo.; Febi 5.— A special
to the Leader from'Kirwln, Wyo., says:
"At 10 o'clock '-tonight ' an avalanche
swept down upon , the camp, killing at
least two . persons and -perhaps \u25a0 three
and .injuring' a number ; ; of others.
Charles. Brummell and wife are: dead.
Jack 1 Reynolds, jan . aged prospector,
whose cabin 'was '. swept away,! is > miss
ing; and . is supposed \to have ' perished:
The snowslide overwhelmed houses on
one side .of the \u25a0"main . street of the
camp, catching the\ occupants - ; in their
beds.' The of the dead are un-,
der fifty feet : of snow and I cannot be'
reached until tomorrow."
PIERRE. S. D., Feb. s.— The bodies
of Wesley E. Banks and Robert Chand
ler, who were frozen to death on their
ranch \u25a0 near Hayes, \ were brought ; here
today.,;; The men , came here recently
from Mount Vernon, Ky., v and were op
erating a large sheep ranch.
SALT LAKE CITY, Feb. 5.— A special
to the Herald ' says that a snowslide
at Spring; Mountain, ; Idaho, . over
whelmed a miner's cabin and killed
William Thornton. V
ST. PAUL, Minn., Feb. 5]— Twepty-two
degrees below : zero ; was registered by
Government thermometers today.' Most
of the ''.. other thermometers ' went to
thirty below. Zero weather has pre
vailed for: seventeen days. For three
days past' the temperature has been
nearly as low as today. ;, -" <
In North Dakota thirty degrees below
has been common and there : has \u25a0 been
much suffering. Railroads have been
badly demoralized. .',' There have been
reports jjfof i many people freezing to
death but these have been denied from
North Dakota : sources.' It : is, however,
admitted by railroad managers, that the
. opening of spring will tell some grew
some tales of : suffering/ starvation' and
death. ' '. ' . . ',/; : : .' \u25a0 .-;:.,\u25a0.\u25a0. : .- .
In Minnesota, especially in the north
and West, the storms have been severe.
Today all* trains !;' from Chicago were
from one to five hours date. Trains are
blocked at many places. ,. .;''\u25a0-:' -
"The China, a 1538 Geary, serves novel
Oriental dishes that please your palate.
Chop suey, noodles, tea and preserves. •
* ' \u25a0 ' \u25a0*\u25a0« ' ' *
YOu Kuv
Should be carefully scrutinized before final arrange-
ments for its purchase are made., You should satisfy
yourself as to the correctness of its . scale, the true
musical quality of its tone, the elasticity, positiveness
f and power of its action, the correctness of its design,
'the durability of its finish and, above all, the
of its maker and of the
house of whoni you purchase.
V;flC Dependable* pianos only are found on our
, floor. The Peerless Knabe, Mason & Ham-
lin, "Gonover, Hardman, Packard, Ludwig,
Price; & Teeple, Harrington, Kmgsbury
y and;a score ;oi each a riiano of highest class,
price considered, and each bearing the unqualified
guarantee of the Allen House, the guarantee
. that is; your ; protection and your^safeguard.
fl There are some unusual bargains in
Mitpur floors today. Several elegant instruments;
hardly used at all, which have been taken in ex-
change vforjKriabesjand playerrpianos, % Big values
%f 6V small prices, ;' pianoi satisfaction and Quality, at
: justVtheffigu^'you'wish to pay, and terms to suit
r\ yoiit^ conyenierice: Better see thenv today.
-1220-2*4 Van Ness Aye. 951 Broadway
; v Sah : Francisco^Cal. Oakland. Cal.
Other S«or*s-.Los AnfieJM. Sim Diego, :, San Joae, Santa Rosa,
?;;^ Sacrame«to,lHenio,vNeT.}'i Phoenix, Aria.* :•-••--•\u25a0 - - - -
\u25a0'•' \u25a0 \u25a0 \u25a0 ;•- \u25a0 -. \u25a0;•;.• >•• . \u25a0\u25a0--: ,-\u25a0 ,.- ;>!iD ',, \u25a0 : \u25a0-, \u25a0*t^«iiWiririrm'irn l ninriMsnnwffTr >w^lr*'if" ; -"-' 1 '; '\u25a0iyKKKmtmtmtSr^\PS~J-
Made In Porto Rico
From Porto Rican Tobacco
gmm%* That's one thing, that's sure about EI Toro
cigars — something extremely doubtful about
Ifliitil the man y s°-calleds °- calIed <iPorto R ican !' brands.
B^^ The recent increased cost of Porto Rican
iip^illl leaf is responsible for the many brands of
llpljpi doubtful quality now being rushed on the
s&sS^S dgar— o v^ents
iliils^ ls c one c^ ar y° u can be sure is genuine
ifp^tlM Porio Rican — in name and quality.
El Toro represents the best 5-cent dgar
|jpM§%fi that Porto Rico; can produce. Smokers
of El Toro cigars know how far supenor
this brand has always been to any cigar
sold for 5 cents.
tHßrSr' s y ears Porto Rican tobacco crop is
;^^^^^ better than ever before and only the
I^^^^^ choicest selections are used in the Ei Toro.
ifelfliP F° r tms reason the El Toros now on the
market are " particularly recommended to
——- —] , Every El Toro is now banded. m This is
EL TORO the cigar that has done so much to
Brna-Finas popularize Porto Rican cigars among dis-
' (Exact site and r .* . . . ° **
shape) cnminating smokers.
H^^and Porto Rican- American Tobacco Company
P~~f*f/~ XY~~/t. - Manufa.etiiTer, San Jnnn. Porto
ranetela. Tinas . g> BACHMA.V A CO M Ia&, Dl»t»lbator».
' . SAN FRANCISCO. CAl*. '
There la only ono
"Bronte Quinine?'
Laxative Bronte Quinine*
•UaUftf-ljr cwaaa fomedlet natUm« _ J& /TTYf ft
&M9iftt. THI» fi.sk fted original Cold Table* /^ / V/ 7. JCf
la ft WHITS PACKAQS wita black MfM //y7 v -J^.
aa4 tod .lettarinx, asul bean tae signatuie of \2S Wtf Ca*^^
JUDGES GET INCREASED
PAY FROM LAST NOVEMBER
Members' of. Supreme .and Appellate
\u25a0 Branches Profit by Attorney
'General's Opinion
SACRAMENTO. Feb^ s— Xttorney
General U.-.S. Webb ; has rendered an
opinion to State Controller Nye that the
Justices of the Supreme and Appellate
courts .are . entitled to their increased
salary, from November, «.' 1906, to Janu
ary, 1, 1907, under the provisions of the
constitutional amendment which pro
vided for the raise. 1 '/: ** - ". '
COFFEE
Nothing else takes the
place of good coffee; it is a
great big place to fill.
Tonr grocer return* your • money if yon don't
like Schilling;'* Best.
LOOKING for HOMES
If you have anything which you
wish to offer to the great army
of home-seekers who are coming
to California through the Los
Angeles gateway to the State, a
small "For Sale** advertisement in
the classified columns of the "Los
Angeles Times'* will put you In
communication with them. If you
have a ranch .for sale or to let, or
wish to dispose of or rent a city -
or suburban home, a small sum^f
expended in this way may accomp-
lish the desired result.
LOsIngELES TIMES
San Francisco Office, 779 Market
Street, San Francisco.
Or phone Temporary 2121.
THE CALIFORNIA PROMOTION COMMITTEE
. (Orsaatsed 1803)
PROMOTION": The act ot vnmatiam md.
Tucemeat; ENCOURAGEMENT— Ceatuty* lA£
\u25a0 The - California Promotion Committee h«« tarn
Its' object th« PBOMOTIKQ •£ Calif otala aa a
whole.
, It ba> noitalas to seU.
ItM energies are drroted to fottertu* an talan
tt«t hare the ADVANCEMENT of CaWaratTn
taelr object. .'
It glVea reliable lnformattoa on er^rj tßMwt
connected with the Industrie of CallfornlSL
• It »t»es BNCOURAQEMBNT to the establish-
ment of new Indnstrles aad tnrlte* dmirabl* Im-
migration.
\u25a0It to not «a emplojintat anoer. altaooga It
fires Information re jar din* labor condition^
U It presents the opportnnltleii aad needs la an
fields of boslneaa and professional actMty.
The Committee U supported i by . popular sab-
•crlptlon aad'makea no charge tot any serrlce
rendered.
AffiUated with the Committee are one handred
and sixty commercial organisations of the stsu
with _ a membership of oyer thirty thousand. \u25a0
Meetings are held eeml-ananaUy la different
parts oTCaliforaU. where mattersof State lnte"
est are diseased. . "* wr>
. Head^narterß of the Committee are maintained
in Ban>rancl»co la . CaUfornliTßnlldia^ iSoa
Squaw. \u25a0-/,; v .'.\u25a0"._.;, - ;,/-.; \u25a0 : «»wa
wtfKUSTONDEXCE IN FCTBTX.
-A BEAUTIFUL FACE
th^m"JdTlhir<S^^ c S T^s^^
SBEiUfJ^ra^
h«n«aelal rarolU axe fuaraateed "or. money re-
funded* -^a^HaMßMssßWßfcpJ^B^g^^pA^Sjip J
CHICHSSTER CHEMICAL CO.
Madison ; Place, Philadelphia, '. Pa. *
W;L HESS, Notary Public
* r> 2053 SUTTER STREET.
At lUaldenca. 1460. Pa«r» Street. Be- '
tween '.«^ and »P. M. ,\
Business Directory of
jan^Fijncisco Firms^
MARYLAND CA SUA LTY "i CO. ot Baltl
i more— H. B. j WINDSOR &CO *in«T
agt».. Mutual Say. Bk. bid * Temrfss 4
MONTAGUE, Ay/ W^ * CO,»tOTea.Vill/