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4 CLARK IS HALTED IN A CANYON Harriman's Forces Hold Up Salt Lake Crowd in Mead ow Valley and Take Half STORY TOLD TO LANE LOS ANGELES, Feb. 7.— The first day of the Interstate Commerce hear ings, in Los Angeles on the subject of !the Harrlman merger was consumed in the direct examination of a single Ritness, J. Ross Clark, brother ot United States Senator W. A. Clark, and director and second vice presi dent of the San Pedro, Los Angeles and Salt Lake Railway. Clark proved a willing witness and gave infonna-1 tion freely enough, although he was hampered occasionally in his explana tions by lack of knowledge of the technical details of the business. The most important fact brought out was that showing the reason and the necessity, from the viewpoint of the Clarks, for the disposal of a half of their road to Harriraan. It was shown that when the building of the Clark road was commenced from Salt Lake City anfl Los Angeles the Oregon Short Line, a Harriman property, harassed and retarded its progress, and, finally, by getting possession of the only available pass through the Utah Moun tains, in the shortest direction to Los Angeles, compelled the Clark road to come to Harriman's terms, sell a half of its property and make an ironclad agreement to maintain the same freight rates as the Harriman roads for a period of ninety-nine years. As. a- final act of coercion of the Clarks the, Harriman interests began a sur vey of a road between Salt Lake City and Los Angeles and implied, at least m Mr. Clark testified, the threat of building a parallel line. HELD IP I.\ CAMOX Senator W." A. Clark and associates joined with R. C. Kerens and associ ates of St. Louis in purchasing ter minal facilities at San Pedro and later the same parties incorporated for the construction of the line between San Pedro and Salt Lake. Mr. Kearns of Salt Lake and associates also joined in the enterprise. The survey for the proposed road proceeded from both Los Angeles and Salt Lake. In the Meadow Valley wash, a large canyon in Nevada, which the witness testified as abso lutely necessary to build through In order to get from Salt Lake, to Lob Angeles, much opposition was encoun tered from the Oregon Line- This company owned about 100 miles of old grade at this point, which the Salt Lake road attempted to appropriate, but on which point they were defeated in the -courts. Later the survey, which had ,been interrupted, began again and was once more stopped, this time by the Utah, Nevada and California Railway Com pany, a subsidiary corporation of the Oregon Short Line, which ! instituted suit to maintain control of the canyon. This canyon was about 100 miles long and so narrow that the surveys of the, two roads crossed each other...twenty six times in passing through it. The canyon, It appeared from the testimony of Clark, was the key to the situation. Sererance — Was.lt your plan «t this time to build your toad Independently of any other road and so operate it? Clark— l think ao. Did yon foresee any entanglement* with ttt Hsrrixaaß or other roads? No. ... -.j.-. .?_ -.\u25a0. \u25a0 - • .» «;-•. FORCED LVTO AGREEMENT * Then the reason you ectered Into the traffic •rreement with the Harriman interests to main tain ntes into Southern California "territory was i hri'acse you could not ret through the .Meadow Valley wash without it? *Tes; wb probably would bare been there yet. Was a contract made by the prorlsions of i vrbich yon were allowed to build through this caiyoE? No, not exactly. Vet you gst through by the terms of the con tra ctV Not absolutely, but that wag the result. No road could hare been built but for the agreement. The questioning of Clark upon the subject of the acquisition of the Harri man holdings in the Clark road, of the division of the directorate and of the full and complete agreement as to traffic rates, routings and preferential, was long and searching. Attorney Severance went deeply Into the details of the negotiations and at times Clark's memory did not serve him welL He failed to remember at whose sugges tion many of the important stipulations of the agreement were Incorporated. HARRIMA.X TAKES A HALF This agreement was the nincty-nine year contract entered into between Harriman and Senator Clark in New York City, the details of .which have been disclosed In previous hearings of the Interstate Commerce Commission. Clark testified that negotiations to this end were carried on in both New York and California. Several officials of both -roads participated, including Sen ator Clark and Harriman. The wit ness had had Interviews with Harri man on the subject. The negotiations resulted in Harriman securing a hold ing of a half interest In the dark road, and the directorate was equally di vided between the two Interests. It was also shown that the Salt Lake |||f Clearance Sale xWp»^-£i ' to make room for rT^ ill Special Prices Wm 3H/S .- will prevail in our v^^ i "^ com nletc stocks of i^l^t(* Furniture for Hall, Library, WW< ¥*^ Parlor, Dining=room, Den p^ g^d and Bedroom ; Office Fur= niture; Linoleums an d7^^ Mattings; Oriental and Domestic Rugs; M.ce : ; ; :^^ &^l Curtains and Portieres &^ m ynfH/^ This is an unusual opportunity to ; I Wsl«e? tfCV« secure "SLOANE" quality and style C^f^l at CLEARANCE - SALE PRICES Sftsfy SHARP WILL CAUSE OF LEGAL FIGHT A provision of .the code that' a codi cil to a. will which bequeaths any,< part of an estate to a charitable Institution is invalid if it is made within thirty days prior to the death of the maker of the document is causing a bad en tanglement in Judge Coffey's court, where the estate of the Jate Mrs. Hon ora .Sharp is. being contested, in pro bate. . . .... :•- ',\u25a0'\u25a0.: \u25a0';\u25a0. v Honora Sharp, the widow, of George Sharp, a well known attorney,' died in January, 1905, leaving an estate valued at $300,000 and naming Samuel Murphy as executor. The will bequeathed $5000 to Charles Gildea, *25.000 to Margaret Tojettl, $200,000 to Reuben ,H. Lloyd and Adolph Spreckels \u25a0; to be used in erecting a memorial arch in Golden Gate Park in nonor of George; Sharp and $50,000 to the King's Daughters' Home for Incurables. There was also a codicil, made a few days before Mrs. Sharp's death, annulling the latter be quest and providing! that $25,000 \ be given to this home and $25,000 to the Society for the Prevention of Cruelty to Animals. :".~s f w.vi*; . Since the destruction'of property be longing to the estate in the April fire there is not enough left to. satisfy all bequests in full and the executor ap plied to the court for instructions. It is claimed by the attorneys for the other heirs that the Home for In curables is cut off .because of the code provision concerning the drawing of the codicil within thirty days preceding death. The King's Daughters - claim that it does not affect the bequest, as theirs is not a charitable institution.* There is also a contention as to whether the provision , relating to the making of a bequest refers also to a revocation of a bequest,*and consequently. whether the Home for Incurables Is entitled to $50,000, to $25,000, or to nothing at all. BUNKOS AND THEN TAUNTS VICTIM Marguerite Jusix, a young woman living at 21 Henry .street, swore to; a warrant yesterday charging a flower peddler plying his vocation in: Van Ness avenue,. between Bush and Sut^gr streets, \u25a0with having disturbed /her peace. Miss Jusix complains that the flower vender swindled her out of 59.50. and, not satisfied with having, taken her money, made a practice of taunting her about It every morning as she went to her work at Van Ness avenue and Bush street. Miss Jusix alleges that she purchased a bunch /of violets from the flower man last week, giving him $10, which he took, returning to her only 40 cents in change, and insisting that he had received, but half a dollar. The young lady reported the affair to her father, but feeling that they would be unable to prove anything against the .man, nothing was done about it. Since that time, so the young lady alleges, each time she passes to and from her- work she is met by the peddler, who amuses himself by insisting that she purchase some of his wares. 'On one occasion he followed her for half a block shak ing a bunch of violets In her face, she declares. EJECTED LODGER RETALIATES M. Ostrafsky, an aged man who was turned .out; ofrtheihouse^ occupied by. E. Fenberg. Twenty-first and Valencia streets, last week, swore ( to a warrant yesterday charging his former' landlady with larceny and asking, for a search warrant to obtain $80 worth of furni ture, which he claims belongs to him and which Is being kept in the house. Ostrafsky alleges that his ejectment was for the purpose of obtaining pos session of the furniture in question. CONVICTED OP AX ASSAUL.T Alfred Kaufman was convicted' yes terday In Judge. Dunne's court and sentenced to 90 days in the County Jail for an assault with a deadly .weapon on his wife, who is suing him for a divorce. The assault occurred several weeks ago, Mrs. Kaufman being" se verely cut. She refueed, however, ; to testify that her husband inflicted the wounds, and the light sentence was the result. did not, after entering into this agree ment with Harriman, build a complete line between Los/ Angeles and , Salt Lake, but contracted to use' certain trackage of the Santa Fe between Riverside and 'Daggett, and of the Southern Pacific between Riverside and Colton, which it is , using today.';,. It was shown by the agreement that Har riman obligated himself to secure the latter concession from the Southern Pacific in. favor of the Salt Lake road, and Attorney . Severance inquired of the witness: ~ \u25a0 v Jlr. Harrlman therefore negotiated . with \ him self to Induce himself to grant your road the use of this certain track? . - i We 6ecured such a concession, said Clark. - ' \u25a0 Clark was still on the stand when the hearing adjourned for the noon recess. • . . " . ; . •'•' . \u25a0 ; ."v\"- \u25a0:\u25a0 THE S AN FRANCISCO. • CALL/ FRIDAY, ; 'FEBRUARY; 8, \ 1907. STEVENS OPPOSES CANAL CONTRACT Engineer Says He Will -.Re sign :if Government; Does Not Carry !; bn the 0 Work DECISION . IiST DOUBT WASHINGTON.. Feb. 7.— The admin'- Istratlon:has been brought ace to face with the;alternative;>f l rejecting all bids for v the ; •construction, of the 'Pan ama .* canal by a contractor,- or losing the services of Chief Stevens. An effort has been' made to ; get 'Stevens to .change, his *but he.* has-con tinued: obdurate r and the indications are the administration^ will; accede 3to j his request and: that , the ! construction will be by^ the 'government, de spite ' the \u25a0 statement by, Taft that . indi cates theicontrary. I .This information ; caused some sur prise, tas Stevens, had testified before the Senate canal commission that he favored building the ; canal by contract. He , now expresses the belief £hat,the canal can be constructed by , the gov ernment within ten years. .: Following a conference of the Presi dent with . Secretary. Taft,. Secretary Loeb gave out a formal statement that "the Secretary .of \u25a0 .War j- and the: canal commlssi on will*, thoroughly examine into the v qualifications, ; experience, business ..standing and chievements of Mr. Oliver j and ; his j associates and into the reßponsibillty.of the sureties." ./. "-. Secretary Taft; informed : Oliver later that the President was, very much In clined to give the contract to him and his associates, but that he would not surrender his rights to reject air bids. SEXTEXCED FOH FORGERY Michael J. Lyons, a formerboxer and son of Cornelius Lyons,: the strange character known for years In San Fran cisco as the "champion bootblack,", was sentenced to a year and a half in San Quentin: for forgery, by Judge La wlor yesterday. Lyons . pleaded guilty to having forged a check for $20 and passed it on a man named Martin. $ 1 X.oo Mpw QnnncHßkiiitc $1 'i-OO J| Alterations g |J||l J| J| A%^ vHAvW A FR££ A Story That Will Bear Repeating WE IN F.ORM ED THE. : PUBLIC LAST MONTH THAT TH^ OJJRE.NTIRE STOCK m : >V BOUGHT '\u25a0jFOR&OSp£JWJ^ THEPbELDW ILLUSTRATED SUITS, 7- \u25a0:\u25a0.:; TO SELL AT $25.00. SUITS ARE NOW IN, AND BEAUTIES, TOO; --._... |WiWHIH| .(- We Oner You These Suits NOWr at» a Price That* Will Cause All to M ciT lib awi\ day ATTriMyTri/Mvi*' oil UK AINU KA T >A I 1 lUi IIU IN SI^QP EARLY^They Spea^^^^ EARLY EXTRA SPECiAJTI |H m mm /\/\ [EXTRA SPECIAL simmoßs' Taffeta silk ... ,. |I^^^«B|Hl ~ New Spring Skirts PettlCOatS \u25a0 ' \u25a0*^^^^ New Side Pleated Mohair Ladies' Tailoring Department C Wiht Si^tl TitlfiPtQrti C\n^y\r Cn I ladies' Jandring Department in Connection | vJT^illvi wJctll Jl IclllCli^CU VjlUcilV VjU* in Connection Mail Orders Promptly Attended To FILLMORE. NEAR GEARY Mail Orders Promptly Attended To GIVES PROTECTION TO HORSES • -• i:."- \u25a0.".-;•,"\u25a0•"• '-•' \u25a0 '.-..-•:-,\u25a0\u25a0.,\u25a0-<•\u25a0•\u25a0-.• \ \u25a0'\u25a0\u25a0':'.*'\u25a0\u25a0 Judge Weller, from, the Police Court tench,, declared "yesterday, that in the future f teamsters i charged with £ cruelty to .animals would l be- dealt : with even more'- severely /than they; have \u25a0 been in the :, past. "After ; ins» ecting? a team : of horses driven by Freu A: Cook, '^the. de fendant fin .a'j cruelty =. case, the ; Judge fineta-the driver $10. , ":.; "I 'sincerely; regret that I' cannot fine you;;more,"^said; the : Judge, < N after ahe had 1 determined the guilt ; of .the;-de-^. the ; - de-^ fendant.*" '.'The'-bair for such offenses' should' be, set'at $100.; and in T such*cases asTyburs ' the ', offenders should^.^be given i the . extreme >\u25a0 punishment.:: Should any . . ' further i complaint ; : come z. to ?me about.'-you 111- see that you , get what is -coming to* you." : • > .V- ; The "i horses " driven by Cook . were found to, have large running sores be neath itheirlcollars. .; "'- ' • : ' , . In another; caseVwhich came up be fore " him' , yesterday. Judge .'* VWeller demonstrated ') that "- not only; drivers lof lame animals,- but also the owners i' of them i would | be -held . responsible! -/Ed win: Jackson, a drlver^for. a contracting 'firm, \ testified j that he; had ; asked ff or ?a new team,", stating ' that the one ';• he i had been driving =', was ; unfit: for' work;(ahd that he _, had -been , toid by. the > foreman of the barns that he could either drive the' team;he v had ori quit hii^'Jobl ;-By the order eof .the /court '\u25a0 a .warrant was Issued ; for. the' arrest of the foreman and the two cases will b e heard at .' this morning's session .'of : the'eourt. WILMERDING FOUNDERS' t DAY : Founders', day; will be observed at the -/Wilmerding, School of Industrial Arts from-^9 : a.;m. ito4 p: m.' today.- In the ': morning the.' student body, will be addressed by: Livingston Jenks,' one. of the directors; of t the. Mechanics' ilnsti-. tute. jln the: afternoon. the .'general public is invited; to v see .the; school in operation. .'lt has always been'the'pol icy of * Principal /Merrill ' to "make the day, not one of 'vacation or exhibition, but ; of Inspection ; in order toilet ; the public see the methods used in conduct ing.; the Institution .and hear Its criti cisms, "if any..;.:- \u25a0:'/\u25a0:\u25a0 "'-' • . *: Opera seating, .foldint; chairs aDd church"furni ture. The Wbltaker & Ray C 0..; 141 GroTe at. -•• BROWNSVILLE CASE CAUSES A CLASH Senator Refuses -to Rebuked by Ciiaifman > in SOLDIERS GIST STAOT) WASHINGTON. Feb. 7.— Five wit nesses were examined 'in ' the \u25a0 Browns ville ;\u25a0 inquiry,; in the - Sena/e : • millta.ry committee today^vAll- were members of the/discharged battalion of ; negro ; sol diers : except ; former Sergeant f.Lvither Thornton fof Company B. v: He thatiwhen aroused by the firing on the night? of .'August IZ> he "was -under tne impression { thdt '• the barracks were be ingVflred 'upon by * the -people of the town. : ' : ; < . \u25a0\u25a0 '- - \u25a0.:'.'\u25a0>< \u25a0'\u25a0:'< '\u25a0'\u25a0'\u0084 - \u0084 > He -told " of. the -. call : to .arms and of the ' inspections...-; He 'Was/cross-exam^ ined> sharply : about .the* possibility, of a soldier's getting /out: of ; the • reserva tion c ln ithe -night being \u25a0 de tected, and said. that this could be done. But he did not thlnkthat the man could get his arms and escape. 1 1t iwas | point-, ed : out ; that> the: \u25a0 menl might" i already have-had ammunition in. their posses sion,; but -the witness replied that this ammunition had .to \u25a0 be; accounted for before v : an - Inspection • and ; that If any were used the loss ; wouldTbe discov ered^ ; ; \u25a0\u25a0"\u25a0\u25a0 '.; : \u25a0\u25a0•: ;. : .'y---\ \u25a0.•\u25a0.." :;;.: ":."'.\u25a0: •' Sergeant ". Fraser was y recalled -.- and corrected \ his \u25a0'• testimony,^of , yesterday by i saying. that ; he lhad'surrendered his ammunition; at Fort: Reno; lnstead of at Fort Brown.. , He said , that '; he; had I no-, ticed his* error? in i a - ; newspaper report "of the proceedings.' > Senator V "Warren pressed the; witness "closely as to -the paper ,; which \u25a0 published ;the report/, and Senator; Scott,? acting.^:; chairman^ .de clared; Senator. "Warren; unfair.: Senator "Warren > replied " that Vhe 4 was j not pre pared \to .; take s'a- lecture, ; especially an unjust lecture, and ; then . followed a general ' discussion as , to the manner of examining witnesses. It was generally agreed ;that, the* Senators- *hould pro ceed as'they'pleaaed.; -^ -; ;; : . The-' next witness called ; for. by"Sen ator Foraker was ;.Wlnter "Washington; MOWRY HALL CASE AGAIN IN COURT ; The second trial of the suit -brought by the Occidental Real Company against. Norris • Levy '• and \ the * Board [ot Supervisors :to;,oust 'them from'posses sion i of Mowry; Hall, the present;meet ing; place of the > board,- was commenced yesterday -before a' Jury .in rJudse Mu rasky's court" and .continued until Mon day -afterlthe taking of a small amount of testimony.- v<>" . .'\u25a0'. \u25a0 *';.' A" former,; action- in unlawful detainer wasj, tried before "Judge Hunt, but the case "was f dismissed, 1 before it preached a' conclusion " because" of certain : techni cal ilegal' flaws, ln the papers filed In connection with- the suit. :J The .Occidental ;Real Estate Company is the owner of Mowry! Hall, which was leased'to Levy shortly -the lire at,a:monthly.j rental of $100, for use as a gymnasium and clubrooms for >. the Hayes: Valley -Athletic Club. The lease contained a ; provision prohibiting Levy from 'subletting ; the premises. ..but shortly. after. the:flre' the Board'of Sup ra eryisors obtained .the hall as "a meet ing place and. has lretalned: lt until, the present time.'paying Levy $500 a month for 'its use! .Levy, claims; that "he r did not sublet' the -premises and that I ev£n if he i did { so? it •. was ' not : a\ violation ot his s contract, 'ras- the latter, referred to the premises asia /whole and not merely to-one portion' of .-them.' ' :•_/ . . . and SenatbrCOverman asked if he said BookerVWashlngtoii.^**. • \u0084 "No.'^saldkFora'ker, ' "Booker : "Wash ington'"%ls,vl^p tbusy ': attending to his senatorial § duties, to come here." \u25a0 He ref eVred (to J.the'jiriterest : of Booker T. fWashlngfton^ih^the : question of having a: negro appointed "to a federal position In Ohio, patronage .which has been re garded as .'belonging to the Senators from? Ohio. ' "' /: .' ' . - "Washington's ; .ldea; of the Browns ville affray was that "Mexican greasers" and "Texas .cowboys", had done the shooting in order \o make trouble for the negro soldiers: • ; -<\u25a0*--\u25a0-\u25a0 \u25a0\u25a0- \u25a0 \u25a0 - - „ \u25a0 \u25a0 INTENSE COLD IN SPAlN— Madrid., Feb. 7. The Intensely cold weather, which has preralled in ' Spain recently ' has destroyed the winter crops ; In ' seteral . prorincei. EXPLOSION SHAKES JAPANESE LINER Sailor and Storekeeper Are • Dangerously Burned in a Supposed "Opium Dive" ACCIDENT A MYSTERY A Japanese sailor, will forfeit hi 3 I!f» and. a "Japanese keeper of the ship's stores is suffering from severe burns as the result of a fire in the storeroom in the prow of the Japanese liner America Maru ; yesterday afternoon. The liner Is in her berth at the Pacific Mail dock. The officers were on the second deck when a commotion among the Japanese and Chinese called their attention to trouble below.' An explosion had oc curred Irt the storeroom, in the front of the vessel, adjoining the cook's gal ley.- The ship's own fire fighters quick ly dropped a hose Into the waters ptj the bay and the flames got no head way. In the storeroom were found the sailor. Yoshida.* scorched from head to foot, and Storekeeper Shlrakura. seared about the face, head, hands and hip. The sailor will die. The storekeeper will probably survive. Both were swathed in bandages on the vessel and. taken In an ambulance to the Harbor Hospital. They were accompanied by Second Officer Takeyama, who learned from one of the Injured men that they were working in the storeroom and ac cidentally . dropped a lighted match or cigarette among the combustibles. Con sidering the quantity of paints and oils in the storeroom It is miraculous f that the explosion did not wreck the prow of the liner. Agents of the company, viewing the scene of the blaze, were at first Inclined to the theory of spon taneous combuslon among the oiled rags. Inspectors who heard the gossip among the Mongolian crew advanced the belief that the storeroom was a se cluded place resorted to by such of the ship's company as sought solace in smoking opium. For your valentine see thos® beauti ful slippers at Radke's, Van Ness aye. and Bush st.