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The butterfly now dictates the colors for gorgeous gowns. An interesting article, illustrated in color, will appear The Sunday Call VOLUME CL— NO. 73. SCHMITZ YIELDS TO DEMAND OF PRESIDENT Hopes to Escape at Graft l Trial by Capitulating in Anti-Japanese Fight THINKS ROOSEVELT WILL ASSIST HIM Looks to WMte House for an Official Statement That Will Whitewash Him Ira E. Bennett SPECIAL DISPATCH TO THE CALL. WASHINGTON, Feb. 10. Mayor Schmitz and the San Francisco Board of Educa tion spent several hours to day preparing a written statement to be submitted to the President tomorrow. It is understood that the Cali fornians will also have some written suggestions to offer as to the scope of the pro posed arrangements to be made with Japan for the ex clusion of coolie laborers. The indications are that an understanding will be reached between the Presi dent and the Californians which will result in the ad mission of Japanese school children of proper age into the public schools of San Francisco on the assurance by the President that he will do all in his power to ne gotiate a treaty with Japan providing for exclusion. The President cannot make an absolute promise at this time that a treaty will be signed and submitted to the Senate, but • his appeal to the Cali jornians to remove the chief cause of grievance is expect ed to be successful. If Mayor Schmitz were not deeply involved politically as a result of the Japanese complications, there would be ho question of his readiness to ad vise the school board to rescind its segregation resolution for the sake of facilitating the treaty negotiations. But the Mayor's political existence is ! at stake, and he thinks the outcome of his conferences with the President may have great weight in determining whether or not he shall be convicted at his forthcoming trial on the charge of gratt. A member of the California congres- i Fional delegation said tonight: '"The probabilities are that the President •uill be able to convince Schmitz that he I« displaying great patriotism in Traiving the school matter for the sake of reaching an understanding -with Japan. Possibly the President may see fit to issue a statement which will set Schmitz right with the people at home. Then Schmitz will go back and face bis trial with some hope that his con ference with the President has helped to whitewash him. But if a treaty is not forthooming after the school board has surrendered. It will be all off with Schmitr." It was reported tonight. that In case an understanding was reached between the President and Schmltz,\ a state ment will be Issued from the White House prals'^ig the San Francisco del egation for " Its patriotism in back- Ing down In the school question. K.\OWS JAPANESE TRAITS President Roosevelt I* .Merely Pin j Ing to tbe Asiatic Gallery From a. Callfornlan who enjoys the confidence of President Roosevelt It was learned yesterday that the President and his immediate advisers were nego tiating a new, treaty with Japan and that the conferences were approaching a favorable termination at the time the disturbance concerning the Japanese In the schools of this city came Into pub lic notice. . The terms of the proposed treaty would have been acceptable to Californians. It Is said, but the nego tiations were disrupted by the publica tions of the school trouble, at which t^| "gentleman nation," as President jffdan calls Japan, took offense. Then followed the utterances \u25a0of the Presi dent, which California took, as a per sonal affront- But the fact is, according to those "who pose as spokesmen for the President Pa»e 2, Middle Column 3 The San Francisco Call. INDEX OF THE SAN FRANCISCO CALL'S NEWS TODAY TELEPHOXE TEMPORARY ; 86 MONDAY, FEBRUARY 11, 1907 WEATHER CO.NDrriOXS TESTEBDAY— CIear; maxlmnm temperature, 60; minimum temperature, 50. : FORECAST FOR TODAY— Fair, wlUi light tog In tbe mornlnp. Faffe 9 EDITORIAL. Bar Association's minimum wnge bill Bbould be -entitled an act to prorlde bunko apparatus for shysters. . Pegs 8 OonKressman ".WlllUm Randolph' Hearst sus pect* hlmcelf. \u25a0 ' • - \u25a0..'-. Pape 8 ' Dnffey Is a pood dral of a man. He' makes the dirt fly. ..'.'\u25a0\u25a0 Pt*e 8 Vses -of \u25a0 the duck dinner, as a Inbrlcant ot Irglslatlon. . Page 8 LEGISLATURE Frar that four-track railway bill is framed in th« Interests of the Southern Pacific. Pages 1-2 Wiley's letter on pure food bill was not writ ten to McCartney, but to Bell. Pase S Members In Legislator* favorable to organized labor may force early action on the Japanese school question, SchmiU's surrender being con demned. Pft»« 2 CITY William Maltland. known a< the "Dpkd of the Press Club." dies suddenly in New , York hotel. . Paje 7 Rev. Bradford Learltt declares In sermon Tb"»r people of the East expect San KraiK-J.jeo .to Btorap out grafting. _ " Pago 2 Judpo Dunne will rule upon the Schmitz-Kuef demurrers in extortion caSes today. Page 7 Former City Attorney W. C. Burnett suc cumbs to stroke of paralysis. Page 7 Matrimonial market experiences shtrp up ward turn as result of reconstruction pros perity. / Page 12 Olympic Club members break nod for tbe foun dation of taeir new home to be erected on the site of their old one, in Post street. Page 7 Senator G. Russell . Lukens returns from trie Orient and discusses attitude of Japanese on tbe school question. ... , Page 3 Board of Arbitration may render its decision today in settlement of differences between the United Railroads, and its employes. Page 12 No surprise would be created If the Tresldent 6hould appol^| Victor H. Metcalf to the new Federal Jad^eshlp. Pagre 12 Thousands throng Golden Gate Park and enjoy bright sunshine and crisp air. Page 12 Los Angeles Street Railway secures new rolling stock, while United Railroads officials continue to talk of cars they haye ordered. P. 12 Members of First Congregational Church re sume serTices In ediftce in* the burned dis trict. Pagre 12 School children of San Francisco , to ol>serve Lincoln's birthday anniversary. Page 7 Thirty Japanese house-cleaning companies in trust to dictate prices. Pa;e 12 Funeral of Yee Yeah. leader of Chinese so ciety, is marked by elnborate ceremonies Page 12 National Guard will reoeiTe large appropria tions from State for armory In Sacramento, new uniforms and for contingent fund. ' Pago 9 SUBURBAN Berkeley Lodge of Elks will open new club rooms ioui;:bt. •\u25a0\u25a0 - v • Page 4 ' Sabbath «chool leaders of . Portland," Orei;' will, open instltote In Oakland on- Wednesday '."V jPag-e i Aged LiTennore rancher blows out his bra his while . despondent becanse of Ulne««. \u25a0 Page 4 I^arge transfers of realty lv Oakland -and. re-, newed activity In the; market. . Page 4 Oakland newspaper carrier held up in day light and relieved of smell sum and new hat. P. 4 Clbkli Is imminent between Mayor Mot t and the "Boosters.", - Page. 4 Alameda detective races In auto after trolley car, overtakes . It and arrests man alleged to bave etoleu a dog. . . Page 4 * Fatlier Egan's testimony against C. 'H. Beardsley to be corroborated by brother^ priest. Page 3 COAST) Steamer Spokane strikes rock and is forced to put in to Seattle. '- Pa?e 2 Mrs. Hattie H. Weston commits suicide In tbe Lome of her parents. in I'etaluma. Pa;e 3 DOMESTIC District Attorney Jerome to attack the credi bility of Evelyn Nesblt Thcw an a witness, -and will strive to show Jury t!ie difference be tween . Jealous rage and the niaaness of in sanity. Pages 1-2 Sobmltz hopes to escape at graft .trial by capitulating to President on the anti-Japanese fight. _^ Pajes 1-2 Harrimaa-Fish . railroad war dethrones Mrs. Fish as queen of tbe "Four Hundred" in New York. Ji Pag« 1 Clerk in New York Comptroller's office. burns $3,000,000 worth of tax stamps on his own re sponsibility. " . - Page. 8 Members of the Commercial Telegraphers' Union threaten to strike If men . discharged by Western Union Company are not reinstated. P. 3, FOREIGN : , ;;( Haytl in trouble with Germany as result of refusal of German bankers to return sums of money to Ifayticn Government. Page 3 Opposition claims a victory In tbe elections held in large cities of Russia. Pa;e 3 Secretary to late Premier Crispl publishes let ters written by Cardinal Hoheniohe bearing on church affairs. ' Pfcgo 3 Controrersy between the universities over the location of the field meet 'should be settled at once. \u25a0 ' . - - Page 8 Uandicapper Egbert will announce today j the weights for tbe Family Club stake. Page* ft Manager Rlley of tbe Tonopab Athletic" Club announces " that the Gans-Brltt fight, scheduled for March 18. Is off. . ' , Page 9 Golden Gate Junior Tennis Club la arranging for a number of tournaments. ." \u0084 ; ' Page 6 Vampires defeat Hornets at association foot ball by a score 0f. 3 to 2. ' . '.' ; Page 9 Injury- to j Walter S. Hobart at . Borllngame spoils a promising. game of polo.: -Page 5 Wild Gns. . a- short euder, scores over Cheyenne in tbe final at Ingleslde Coursing Park. Page 9 MARINE Steamship Siberia encounters terrific storm on her way from the Orient. • • :' . Paje 9 mining \u25a0 -\-7 \u25a0 \u25a0\u25a0•-;, - -, Strikes of rich | gold . ore are reported In n number of • California mines, - with large . ' de poslts. Page 8 THE CALL'S BRANCH OFFICES Subscriptions and 'Advertise- ments will . be ' received in San Francisco at following offices: ' 1651, FIL.LMORE STREET '^ Open 'until; 10 o'clock' every ni-rht..' ' •. .- -:'-\ • 818 VA2V XESS ' AVENUE \u25a0"• Stationery Store. • ) SIXTEENTH r AXD MARKET STS. ';• Jackson's Branch. : ' V.; 633 v HAIGHT i STREET Christian's .Branch .; ' IOTGVALEXCIA STREET Rothschild's -Branch. , « 1531 CHURCH^ STREET George} Prewitt's; Branch. . "\ I ILL.MORE - STREET . r" •*". Woodward's } Branch.*-" SAN. FRANGISCO;^'MONDAY, {FEBRUARY . li; . 1907. FOUR - TRACK BILL MAY CONTAIN A JOKER Railway Measure Is One of the . Conundrums of the Session of Legislature LOST IN SENATE BY A MIXED VOTE Members of <Both Houses Fear the Biiris in the In terest of; Southern Pacific CALL HEADQUARTERS, iOO7 EIGHTH STREET. SACRAMENTO. Fek 10.— The four-track railway bill is one of the conundrums of the present session. Some gossips say that it is a railroad measure, but it was beaten in a;rail road Senate last Wednesday by a mixed vote. Programmers rubbed el bows with, re formers as they bent over to strike the finishing blow. Tomor row it comes up in the Senate on re considerationof the vote by which An derson'sr four-track bill failed of pas sage. The following day the Assembly will have a final roll call on Transue's bill, which in text is identical to the one introduced by Senator Anderson. According. to their, piomoters 'the Anderson . and Transue bills merely provide for the condemnation of ten rods of right of "way instead of nine, as is allowed by the present law. They give assurances that the measure is wholly innocent and that a bug con cealed within it would die of inanition. FEAR OF C.OXCEALED DESIGX Still" numerous members of "J. both houses against whom no chattel raort i gage is known to exist fear that Jere Burke and Walter Parker have framed up the measure In the interest of. the Southern Pacific. Some say; that the ! concealed design is^ to-keep_the..Cwejs.t.-I errii.Paci.fta .f roni .'getting" through; Nile's* Canyon', : but this charge" lacks verifica tion. Xo Western. Pacific representa tive* Is 'here working against the : bill; THe measure, came up in. the Senate last', Wednesday. No one was paying any' particular" attention to it, and it might have gone through with, a rush if Sfenator Anderson had not made a speech. * " -' "This is a good bill." he said. "No one is opposed to it. The railroads are In -favor- of It. I submitted it to the attorneys ol the; Southern; Pacific and they assured/me they .were satisfied.". . Antirailroad Senators .took due no tice and lined up in opposition. Twen ty-nine members were present, and the division was as follows: . \u25a0. / Ayes — Anderson, Anthony/ Bates, Bell, Belshaw, Broughton, Carter; Cart wright, Greenwell, | Irish, Leavitt, Mar key, McCartney, McKce, Rolley, Savage, Weed and Wolfe— lß. Noes— r ßlack," , Boynton, Caminettl, Curtin. Mattos, Nelson, Rambo v Rellly, Sanford and Walker— lo. Anderson changed his vote, and gave notice of a motion of reconsider. HEURIX CA.\ FORCE BILL ' The second and final test will come tomorrow. Railroad men predict the bill will pass, not because it is "pro gramme," but because it is right arid in line! with the needs of a State that is crying for more trackage. Whatever the merits of the bill, whatever Its. bugs, the Senate's vote upon it proves. noth ing. Two of Abe -Ruefs boys, Nelson and- Reilly, ' voted against it. No one doubts they , are for Herrln whenever he needs them. If the, bill reappears tomorrow adorned ; with'; the ."pro gramme" label they will vote for"? it. Not. allowing for- other changes,: this would make twenty ayes, one less, than the necessary~number.' The twelve ab sentees ; included , Hartmann; Keane,' Muenter'and 1 Willis. .Therefore tomor row will tell tthe ; tale. If Herrin is anxious to force the bill it will pass the Senate, , with several votes to spare. ; . As, to : the fate of Tfansue's bill, much depends on what the Senate does with the* 'Anderson 'measure/; Evidence of a programme in ione house* will 'have'; the effect ' of : the vote in the : other. ."Train-' sue puts' his-hand" over his ; heart, and says the bill' is intended solely.' for v the benefit" of _lhe electric • , railways of Southern' California, but Davis of \Hol lister; and'' Devlin of Vallejo, one a Democrat /and <the other '\u25a0\u25a0 a Republican/ are. far' from.' satisfied. .Xhey want au thorltatlve-assurance, that^ the measure is n'qt /Intended' for the : benefit ."of . one transcontinental, railwafy. to 4ho;detri ment of. rivals; ; " \u25a0 ' > ;. ' jURY'St PET /BILL DISFIGURED Only -Hi* > Name MR emnlns When Com '\u25a0' 1 miltee j Gets Through With , It iv :\- ;; ; S ACR AM EXTOr Feb. 1 0 .--"Wh en ' J s a bill not! a.,! bill ?V. asks ; Assemblyman.' R. H. Jury, of SanMateo. ; . 1 . '\u25a0 His^- answer, is, it; comes out of; the'banks and -banking committee." Earlyiin the ;'sessionf Jury, at the ;re quest" of- therCallfornia^ Press tion, •introduced ;. a ; bill ? .to^require all persons, ? firms -or "corporation's . engaged in moneyi to * ( publish^ financial . Continued on ' Face ;3, Column : 0 Jerome Will Attack Credibility of Evelyn Thaw as a Witness EyELYNNESBIT THAW will resume the stand today and face. soon the trying ordeal of cross-examination by District Attorney Jerome.^ Jerome has prepared to attack the credibility of the wife of the, slayer of Stanford White as a witness. He will also endeavor to show the difference between jealous rage and insanity. ;(Y; DEFENDANTiIN'CSENSATIONAn MURDER 'TniAIi 'AND • I'WOMAN; OF ; MYSTERY.", TO- WHOM -MRS. THAW- WAS SUPPOSED TO HAVE FLED IMMEDI VTELY «rTER THE tHOOT - .ING- OF STANFOItD^'HiTB. : AIA. EFFORTS^TO LOCATE THE MYSTERIOUS W.VIA.V,', WHO IS "BELIEVED TO KNOWTHE CAUSE :OF THE RUPTURE BETWEEN WHITE '.. AND -EV ELl> ; r^BSBIT, ; HAVE-* FAILED. '.";'\u25a0. - . ... .^ ' '\u25a0 . ...-*;-- ~ "..*\u25a0 ' " . ' . \u25a0 .' "\u25a0 ' ' \u25a0 '. -- ,' \u25a0 Harriman - Fish War Dethrones Mrs. Fish as Queen of the "Four Hundred" in New York NEW YORK, Feb. 10.— Mrs. Stuyve saht^FiVh'sisocjalr^supremacy' hung in theY balancefwhilev her| husband's^ posl-; tion as "» presldent v "of "\u25a0 tti¥?iiliriblsVcen~ tral -j' Rail way^was | inji' jeopardy j during his contestlwl th| E.tiiVHarriman.v Har riman -won- ' ; Fish i lost ; his - presidency and =Mrs:. Fishvis •devoting, all': the^re-' sourcefuli energies ; of 'an: ambitious'iwo man-to-save her > social in^the . -.„;\u25a0?>\u25a0.,•:\u25a0»-_\u25a0•»>..»..\u25a0•\u25a0--\u25a0• >-\u25a0-\u25a0•.\u25a0\u25a0\u25a0---'\u25a0'.\u25a0\u25a0 f-i --\u25a0 v .:-,-^-i. -\u25a0-•;«. J.'fourj'hundred.'.yMany,, declare* earnestly. that'shehas lost-her leadership. '\u25a0; \ • J .When Mrs. : Fish niarked. outja social \u25a0:\u25a0\u25a0\u25a0 '\u25a0\u25a0<', .'"\u25a0' '":."\u25a0 \u25a0;';•'\u25a0 >\u25a0-,'"\u25a0'"- -<,"y ....t'..Y'^'..'i -..-V:'. \u25a0''":('- _*";V ; '\u25a0\u25a0"'-'. deadline ; and declared - that . Harriman's "daughters must riot, cross; it, shia. paved the "-"way .'for the**decapitation .of her husband.^'"; For "the 'last .four ''month's ; New . ; York's 'smart ', set; has ; been \u25a0watch"- 1 ing* the -]- Fish-Harrlman -;• social . battle with -; bated- breath^", Those 'who .have been" keeping count declare that^ the palm< of victory .rests v with ;Harrlman, and" that' Mrs.rFish has been dethroned. 'What • Is ;, saltl to have been the con clusive test •• of: Mrs.' 'Fish's, standing;. ln the : smart tf set] came /::; night ' Japan's famous tale of the Forty-se\'en Roniris will be illustrated. in color by the Japanese V Charles Dana Gibson next Sunday in .. \u25a0 when she. gave. a. dinner at" her home In East, Seventy-eighth .^street., 'Sixty, per sons were ' present, . but , not :'an • Astor,' Vanderbilt, Goelet. Rhinelahder.Scheiv merhorn t . or. "Wilson,, all of • whom, stand in •\u25a0 the , front rank 'of ; smart set. ;. \u25a0\u25a0' .. " -. .-•\u25a0'.. . ;'.r ;,; <£.>The i Astors.i Goelets / and Vanderbilts : are all = directly^ representedtinj,the~ Illi^ I nois '.Centra_rdirecto"rateMHa~rrlman.'hlin£ \u25a0 self/lsvnotfa^socialiasplrant, buti he*isT ; Intensely: interested; -in ; having fhia' daughters"/ " into" \u25a0 XewMYork"* .Vfourl hundred." : .' -'\u25a0 .. .Tl'?.". The Sunday Call PRICE FIVE 'CENTS. Thaw's Trial May Be the Scene of Strife Today Delmas to Combat The District Attorney SPECIAL- DISPATCH TO THE CALL NEW YORK,- Feb. 10.— That the nature of District Attorney Jerome's . campaign against the defense will be revealed first in an attack on the testimony ci Mrs. Harry. Thaw was the opinion to night of persons who profess to be in -touch with the plans of the prosecution. Jerome will seize his opportunity, at the conclusion of Mrs. Thaw's examination by her husband's counsel. It was not expected that Jerome would launch his attack tomorrow because of the probability of Mrs. Thaw's absence. As told today, it was the intention of Thaw's counsel to initiate tomorrov/ morning the fight to get in evi dence Thaw's will, made on the night of his marriage to Evelyn Nesblt. Mrs. Thaw will continue her recital tomorrow. Harry Thaw, who it was rumored would so upon the stand to corroborate his wife's narrative, will positively not testify. These two important questions were definitely decided upon tonight at the most important conference held by" Thaw's lawyers since the trial . began. The ' conference, took place at th« apartments" of 'Attorney Delmas in TVest Seventieth street. , all counsel In tlie- employ of the defense being: pres ent. -It was- also determined to settle at -the very opening of the court's ses sion tomorroyr mornins the question as to the admlssibility of Thaw's odd, will. \u25a0 Delmas ha 3 prepared a long brief on this point end is confident that Justice Fitzgerald will ' rule favorably to the defense. The advisability of brlngng to the attention of the jury Harry Thaw's eccentric bridge whist playing as a medium to bolster -up the claim that at the time of the ; commitment of the fact he was of unsound mind was discussed. ;bi;t not definitely settled. If it I .'should be decided upon to . subpena witnesses to tell of Thaw's hobby for bridge. whist, a game in which he, lost- Thousands of : dollars. /persons high In -"Society and prominent in clubdom with :whomhe played would be called to tes -It Is believed that Jerome will at tack; .'Mrs. .Thaw's % credibility as a, witness and strive to create in the Injnds ' the » Jury a doubt ; as to^ tha truthfulness of her story, which paint-