The San Francisco call. [volume], March 11, 1907, Page 2, Image 2

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

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2
RIGHJi MAY BE
COMPELLED TO QUIT
Likely to Abandon War on
Sister Republics Owing
to Complications
REDRESS DEMANDED
Zelaya Called to Account for
Tampering With Merry's
Cablegrams
raguan gunboat Ometipe. formerly the i
Trult eteamer Esther, lying in the path !
of the vessels off Cape Gracias, and j
evidently waiting for the Inge to search
ber and take off the arms. The Hon
duran gunboat Tatumbla was last re- ,
ported at Puerto Cortez. but it is be
lieved that she has been Bent to pro
tect the Inge from interference. If
the two little war vessels meet a naval
engagement is likely.
CONSVL SEEKS snTTLEMEXT
NEW ORLEANS, March 10. — The
publication of ty» story of the sensa
tional row between United States Min
ister Merry and President Zelaya of
Nicaragua "caused great excitement at
the Xicaragusn Consulate in New Or
leans. The Consul hurriedly hunted
up Dr. Weil, whose claim against the
Nicaraguan Government was the bot
tom of the trouble. The two remained
Jn conference until a late hour, and it
Is reported that the Consul Is making
an effort to settle the claim.
Passengers from Nicaragua confirm
the report of the hurried departure
from Managua of Minister Merry, and
say that the papers of San Jose, Costa
Rica, referred to the tampering with
Minister Merry's cable dispatches to
the authorities at Washington. The
cablegrams in question were in regard
to Samuel Well's claim against the
JCicaraguan Government for reimburs
ing him in Nicaraguan depreciated cur
rency instead of gold for the cancella
tion of his exclusive concession to sell
liquor. Minister Merry omitted an im
portant word from a cablegram and
sent to the Government office for the
dispatch. The message was secured
from Zelaya s mansion. The amount of
Weil's claim is $31,000. -
VICTORIA, B. C, March 10. — H. M.
S. Shearwater is loading stores and
provisions at Esquimau for a trip to
South America to protect British in
terests endangered by the war in
progress between Nicaragua and Hon
duras. Cables from the Admiralty to
the officer commanding at Esquimau
have ordered the warship in readiness,
and It is expected sailing order* will
come on Monday.
MERRY'S ACTIVE CAREER
Skipper, Wrltrr, Merchant. Gorernment
Agent and Diplomat
Ca.ptain William L. Merry has been
prominent in San Francisco for a half
century as a seafaring man. writer.
commission merchant and government
al agent. He was born In Braxil in
1534, educated in New York and fol
lowed his father to California in 1650.
In the following year he s&lled for
China before the mast, and at twenty
three was In temporary command of a
clipper ship. At twenty-six he became
a captain. During the next sixteen
years Captain Merry rounded Cape
.«Qrn eleven times, the Cape of Good
Hope five time* and circumnavigated
the globe five times. In 1562 he became
agent at Panama for the Marshall O.
Roberts line of steamships, end in 1868
became general agent of the Central
America Transit Company and the
Mortn American Steamship Company of
New York. In 1*75 he organized the
wholesale provision business of Merry,
Faull & Co. In San Francisco.
In IESO Captain Merry became Consul
General Jn the Western States and ter
ritories for the Government of Nica
ragua, nnd in ISO" he was appointed
Minister to that country by the United
States. He was one of the pioneer
promoters of the Nicaraguan canal pro
ject, and wrote extensively on the sub
ject.
For two terms he was president of
the San Francisco Chamber of Com
merce.
Mrs. Merry in now at Vallejo with
her daughter, -who is the wife of Lieu
tenant Samuel Bryant, attached* to the
Buffalo. There were six daughters In
the family, some of whom accompanied
Captain Merry to ills diplomatic post.
Last fall the Minister visited San
Francisco and was in conference with
the Board of Trado upon matter af
fecting our trade relations with Nica
ragua. His ministry to Central Amer
ica included San Salvador and Costa
Ilica.
ROCKEFELLER'S RIVAL
DROPS OUT OF SIGHT
SPECIAL DISPATCH TO THE CALL.
LOS ANGELES. March 10. — Frederick
TVyerhauser, the world's lumber king,
who is said to tower away above
Rockefeller in wealth, is lost some
where between Hanta Barbara and Los
Angeles. He- passed through San Fran
cisco incognito and is known to have
taeen in Santa Barbara, on his way to
Lou at noon on Friday. Since
then his movements have been a mys
tery. He if not in any of the leading
hotels of Los Angeles or Pasadena, and
his lieutenants are mystified.
The Southern Pacific officials have
been appealed to, *md every trainman
has been asked to be on the lookout
for the missing man. The billionaire
Is 73 years old. ;*-,'.:'; * -,'.:'
riEE. DESTROYS GA2.AGE— Portland. Ore.,
Marrb 10. — Plre t»i«y destroyed the garage of
R. Borker. containing w>»ra automobiles. The
lons «ra«> fJft.OOO. The careless dropping of a
match i* bolieTfd to be the enure.
Neuralgia is w^ra
A doe to low nu- fp [I
V trition and chill- J^ i Jf
jr ing winds. JJ|»
J Scott's X
contains tne nourish- X
ǣ mcnt you need. Its Ǥp
<> cod liver oil makes <)»
K> f at and rich blood;
jr. its hypophosphites 9
jf strengthen weak X
A nerves.
It will strengthen Q
fyour entire system* Q
AU«ln»««i*t.» 50c «*! $1.00. &
Measures Aimed at Railroad Allowed to Quietly Perish
Assembly Amends Oakland Harbor: Commission Bill
SAN QUENTIN JUTE BAG
SCANDAL IS HUSHED UP
Boynton Loses His Fight in
Senate to Have Contracts
Annulled
TAKE STRANGE STAND
Curtin and Miller, Demo
crats, Join Forces of the
Programmers
CALL HEADQUARTERS,
1007 EIGHTH STREET..
EACRAMEXTO. March 10.— -By refus
ing to employ the Implements of an
•unscrupulous opposition, Boynton of
Oroville lost his fight in the Senate to
day to have the contracts awarded to
the San Quentin jute bag speculators
annulled.
Curtin of Tuolumne and Miller of
Visalia joined forces with the pro
grammers and present the not Incuri
ous spectacle of Democrats shielding a
Republican prison board responsible for
an admitted act of official irregularity.
Boynton could have won his fight on
the floor of the Senate last night, but
Curtin. who had no more rational rea
son for joining the programmers than
his intimate friendship with L^nch of
San Luis Obl*po, protested against a
vote on the minority report and had
the matter made a special order for
this morning.
Curtin in opposing the adoption of
the minority report today, declared that
the Attorney General had pronounced
the sale of jute bags for 1907 illegal
and that for this reason the Legislature
had no business to request the prison
board to do something that lay clearly
within Its province and fluty. He
added that h« did not propose to be a
party to a whitewashing. The argu
ment sounded very well, but the fact
of the matter was that the minority
report had been disposed of overnight,
and that Boynton was palpably out
tricked by consenting to accede to the
request of the Tuolumne tactician.
Boynton arguing for the adoption of
the minority report and the cancella
tion of the contracts awarded to the
speculators reiterated that Fairfax
Wheelan of the Southern Pacific Milling
Company had secured option on 2,000,
000 bags within two hours after the
price had been fixed by the prison
board, and that there was ground for
the belief that the affidavits In his
possession might not have com* from
farmers.
Lynch said that the prison board was
admitted to be above criticism, both
by tlje majority and minority of the
Investigation committee, and that the
Senate sEbuld refrain from telling it
how to act. The failure to advertise
the bags for this year a« required by
law was due, he said, to the mistake of
a clerk. '
The motion to lay the minority re
port on^CTle table was lost by a tie
vote, wfelch stood: . ,
For tb» b«r-BT»bb«r»— Bate*. Bronjrhton. Cnr
tin. Hartman. Keise. J>«Titt. Lynch, Markej,
McCvt»T, UCler, H*ny. Bolley. Weed. Welch,
WIU1«. Wotfe. Wrirht — 17.
Aftiut the crab-bafgen — AnSer»on. Anthony.
Bell. Black. Bo.mUra. Camloetti. Cartwrifibt,
Oreenwpll, Kennedy, Mattoa, McKee. Mutnter.
Price. lUmbo, Sanford. garage. Walker — 17.
Belshaw of Contra Costa, who is to
be succeeded on the Prison Board by
Lieutenant Governor Porter, waa pres
ent when the session began, but was
not around when the roll was called.
Boynton'a motion on the adoption of
the minority report was lost by an
exact reverse of the vote recorded to
lay It on the table.
To be ostensibly consistent, Curtin
then moved and carried the resolution
to lay the majority report on the table.
Boynton said tonight that he pro
posed to institute proceedings at his
own expense to enjoin the sale of the
bags to the grabbers.
Lynch believes the board will can
cel the contracts of Its own volition.
Lynch la a cattleman and made appli
cation for 6000 of the bags himself, but
he is too wealthy to be accused of op
posing the minority report for this rea
son. Many farmers In his district have
applications filed for the bags, and nil
action Is generally believed to have
been Inspired by a defense of their in
terests.
HOLD SUNDAY SESSIOX
Senate and Assemblf Sread \u25a0 Rather
Bn«y Sabbath \ -^>-
SACRAMENTO, March 10.— Anderson
of Santa Ana was on deck today with
a resolution protesting against the
desecration of tbe day of rest when the
Senate convened this . morning. Tbe
resolution was refused passage.
Both houses sat through two busy
sessions. In the Senate the code re
vision bills were virtually cleaned up
and the work will be completed In both
houses tomorrow afternoon.
BARBER BILL. UP TO GOVERNOR
SACRAMENTO, March 10. — After
many vicissitudes Senator 'Anthony's
bill to establish & Barber Commission
Is up to the' Governor. Tbe Assembly
passed it today by a vote of 42 to 14.
Anthony's bill was beaten once In the
Senate, but reconsideration, diplomatic
amendment and Industrious lobbying
brought success on the second attempt.
HXTOI.S OUTDOOR ART LEAGUE
SACRAMENTO, March 10.— Th« Sen
ate today concurred In resolutions
adopted' by tbe Assembly extolling the
Outdoor* Art League for its work In be
half of the passing of the bill which
gives to tbe State school fund 6 per
cent of tbe proceeds from sales of pub
lic domain. .
FOUR PERSONS PERISH
IN FIRES IN BROOKLYN
Thirty Roomers in Burning Lodging-
House Are Rescued by Mem
bers of Department
NEW .YORK. March 10^— Four per
sons were burned to death In Brook
lyn today, three In a tenement fire on
Busbwlck avenue and a woman In her
home. One man was fatally hurt in
the tenement fire.
The dead: Ida Blnsralli. Mary Bln
galli. Brigetto Bingalli, Mrs. Annie
Tlschler.
The Injured: Peter Panattro.
\u25a0VThen the firemen arrived. there, were
more than thirty persons crowded In
tbe front windows. Ladders : war*
quickly raised and firemen carried all
to the street with the exception of Mrs.
Bingalli, and ber two children and
Panattro.
STABBIXCr AFFRAT OS SHIP
- Christian Negal, a sailor on the Brit
ish ship V» jscombe Park - vat badly
cut In tb« groin by Otto Qrupptn, - a
shipmate, , last night. Tho stabbing
waa the outcome of a drunken row
,cv«? & woofia.
THE SAN FRANCISCO CALL, MONDAY, MARCS 11,^ 1907,
OAKLAND HARBOR BILL
AMENDED IN ASSEMBLY
Changes Are Satisfactory
to the Big. Railroad
Corporations
OALI. HEADQUARTERS,
IOOT EIGHTH STREET
SACRAMENTO. March 10. — Twenty
five amendments were made in tbe As
sembly today to Senator Leavltt's bill
creating a Harbor Commission for Oak
land. The changes are satisfactory to
Jere Burke of th« Southern Pacific and
Charles E. Snook, attorney for the
Western Pacific.
As amended the bill provides that
the Harbor Commissioners may regu
late tolls and dockage, and that leases
shall state what improvements are to
be made. Two of the three commission
ers must be able to prove residence in
Oakland for one year preceding their
appointment. Another objection is met
by- an amendment to the effect that no
rights by prescription will be recog
nised except those that "now exist.
Assemblyman Phil Walsh of Oakland
had a hard time getting in the amend
ments. Action today was absolutely
necessary, but Davis of Hollister ob
jected to the Leavitt bill being taken
up until it was reported on the file.
Walsh requested Davts to give him the
right t)f way, but the Democratic re
former from San Benlto County was
obdurate. Then Case of Pasadena
joined in the objection <Jf Davis and
Walsh sat down. Ten minutes later
— while Davis waa busily engaged in
conversation with Senator Lynch — the
programmers put up a job on him.
Jake Transue of Los Angeles waa in
the chair. Suddenly a motion was
made that Leavltt's bill be given the
place on the urgency file taken by As
semblyman Wessllng for a measure
which he was in no hurry to -take up.
Davis had no idea what was going on.
Transue put the motion, and in less,
than a minute Walsh was on his feet
with a handful of amendments. Davis
heard his voice, realized that he had
been outwitted and hotly protested
against any further action being taken.
"Too late," said Transue, bringing
down the gavel. "The clerk will read
the bill." '
The amendments went through with
a rush, and the bill reached the third
reading file.
BELSHAW HUMILIATED j
TO SETTLE OLD- GRUDGE
Continued from Page 1, Column 1
Belshaw and Porter had a long con
ference today, at which it may be safe
ly assumed Belshaw was quietly but
firmly informed that Porter cares more
for tho opportunity of showing' Pardee
that he can get back on the "Prison
Board, regardless of Pardee, than he
does about the United States Senatorial
bug, the buzzing of which* sometimes
disturbs his slumbers.
The claim of Frank Hlgglns, the
Victoria attorney, who wants 113,000
for his services In the matter of the
extradition of George D.. Collins, is to
have another run for legislative sanc
tion. And Incidentally the Senate,
with its combined wisdom, is placed
in the unpleasant position of a, sup
plicant for Assembly favor. Higgins'
bill as originally presented was for
$12.000. / The State board of examiners
recommended a settlement for $9500.
The ways and means committee was
told that the honor of. the State was
Involved in the settlement, because
if the State refused to pay, the Federal
Government must, under its treaty ob
ligations, make good. The State would
first be placed in the position of re
pudiating its debts and ultimately be
made defendant in a suit for the whole
amount brought by the Federal Gov
ernment. Grove Johnson fought the
bill in the Assembly, but Chairman
Estudillo. under the State's honor ban
ner, managed to get the measure
through the lower house. State honor
did not count so heavily In the Senate,
and Belshaw, chairman of the finance
committee, went down to defeat .with
the first claim recommended by the
board of examiners that was rejected
by the Legislature. All tbe adminis
tration forces were brought to bear
and the Senate today adopted a reso
lution requesting the Assembly' to per
mit the Introduction of a Senate bill
carrying the 19500 appropriation.
Grove Johnson buffaloed the Assembly
Into believing a two-thirds vote was
required to sanction the' Senate's re
quest and things looked dark for tho
claim, until Camlnetti wandered down
Into the Assembly and discovered that
that body was considering Assembly
bill contrary to the agreement Friday.
Ths Senate became righteously Indig
nant and the Hlggins bill was Intro
duced. Before the Assembly discov
ered what the Senate had done, John
son bad withdrawn bis objections and
the courtesy resolution was unani
mously adopted.
PRISONER RUEF WILL
BE TAKEN BEFORE DUIE
/
Contlnned From Par* I, Colnmn 4
Shortrldge was committeed to jail he
rmmed lately applied .for "a writ of
habeas corpus \u25a0. in the State court I and
was released on his own recognizance,
to reappear today. Hiram Johnson will
be in the "Appellate Court as a repre
sentative of % the court which committed
Shortridge and will present the • law
relative to the loss of right of a fugi
tive to be represented by counsel. ;
Abe, Ruef was a prisoner, yestorday
in his. pink-papered cell in the Hotel
St. Francis. He . had company all ; day,
but he could not leave his. prison and
not go" to the door 5 to 'politely 'greet a
friend without being followed by the
•yes of his wardens. . Had ho attempted
to cross the threshold . he . would hay«
been - pounced \ upon by ; Burns' men.
Elisor Blggy was at the "hotel/: but did
not intrude bis presence too often. Spe
cial Agent- Burns epent part of the
evening in the. hotel] parlor.
'• The Board of "Supervisors held ; no
caucuses last; night under the guiding
eye of tbe man who had made it. This
was tbe first Sunday evening since th«
election of ' the eighteen satellites of
Ruef* that tha boss" minions did not
have ' the opportunity of listening to
his dominant opinion, tho first Sunday
on" which -they, were » not -told I how - to
vote on the \u25a0 following/day. '
But the-" ihcarcerated.;man.;was.not
without the condolences of some: of 'his
tribe.-'. Supervisor Gallagher,'; leader of
the band, \ spent^part Cof " the i day <\u25a0. with
the whipper-in," tand^the- ready, subal
terns. Dan Coleman and Jennings Phil
lips, conferred as to the course they
«houl6 \u25a0 follow, todajr. Jttayos : Boiuaiim,
SIX HUNDRED BILLS DIE
ON LEGISLATIVE FILES
Two Measures Aimed at the
Southern Pacific Perish
Silently-
JOHNSON IS ROUTED
Unable to Save Proposed
Law Directed. Against
the Street Cars
CALL. HEADQUARTERS.
1007. EIGHTH STREET.
'SACRAMENTO. .. March 10.— When
each house by agreement limited its
work to measures already 'passed by
the other, more than six hundred bills
died on the flies' or in committee. In
exact numbers.. the Assembly Oslerized
385 and the Senate 257. / '
Two of the bills that perished si
lently, in the lower houae were aimed
at the Southern Pacific Company. One
was known as the depot bill. It was
introduced by Assemblyman McMullin,
with the object of forcing the, rail
road company to give Bakersfleld, his
home town, a passenger and freight
depot within its corporate limits. Mc-
Mullln's fellow townsmen had wearied
of the Inconvenience of using the Kern
City depot, a mile away, "and he thought
they would stand in with him. but be
fore he got through he found himself
in error.
Th« bill when introduced provided
that railroad companies should stop
all but overland trains and maintain
passenger and freight depots in every
incorporated town and city on their
lines. 'Jere Burke and Walter Parker
were up in arms at once.' They pointed
out that it woulA be ridiculous to com
pel all trains to stop, and McMullin
obligingly altered his bill so as to per
mit overland trains to fly by any or all
stations. Burke and Parker still ob
jected. The bill in its amended form'
would compel the Southern Pacific to
stop.lt* Del Monte specials, at every
station between San Francisco and
Monterey. McMullin was determined
to please, lie amended his bill again,
and the finished work of art applied
only to county seats. Burke ceased his
search for -particular flaws and calmly
Informed McMullin that the bill would
not do in any form. "The Southern
Pacific," he said, "will not permit any
legislation by which It Is to be regu
lated."
McMullin was determined to fight it
out. but Just when he got ready to
grapple with the octopus the Bakers
fleld Board of Trade stabbed him in
the back. That body, some members
of which own town lots near the Kern
City depot, passed a resolution refusing
to Indorse the bill. Before McMullin
had fully recovered from the blow the
Town Trustees of Bakersfleld, some 'of
whom are interested In a local transfer
line, went at the measure with an ax.
This settled McMullin, and he let the
bill die on the file. As the Assembly
was programmed against 'him, his ac
tion was not unexpected. The bill was
doomed from the start.
The other asphyxiated antirallroad
measure was Grove Johnson's "no seat
no fare" bill. It was beaten, but Grove
obtained a reconsideration and trimmed
it up a little in the hope of getting it
through, but It was no use. The pro
gramme remained unchanged, and
Grove, despairing, of success, never
brought it up again. '
Nearly all of the measures permitted
to die or smothered In committee were
unimportant, representing for the most
part ideas of dissatisfied lawyers or
hobbies in which the public took no
particular Interest.
did not go to see his partner. The two
accused extortionists will meet today
for. the first time since Schmitz's de
parture for Washington. . ,
The. father of Ruef and Mrs. Aaron
Altmann, his sister, were visitors in
the 1 morning. In the' afternoon poli
ticians came. A friend brought the
news of the death of J. George Boyne,
secretary of the Police Commissioners,
and long a Ruef worker in the Forty
fifth District. ;:j ,
Ed Lynch, attorney for the Public
Administrator and an attache in Ruefs
office^ was a visitor, and so was George
Berger, a leader of the union labor
party. .-.:^;> \u25a0:-:-,
"I haven't applied for any writs to
day," said Ruef. "I decided to give the
Judges a rest." • •
j But all the lawyers interested on one
side or the other of the graft prosecu
tion were working. In Shortridge's
office at the corner of Franklin and
O'Farrell 'streets the defense were
delving into: cases to find new tricks
to delay justice, and around the corner,
at the office of Heney in Franklin
street, the Assistant District Attorney,
his partner Cobb and J. J. Dwyer were
busy arranging tbe plan of campaign
for today. J
. :,The great fight will be made against
the application of Ruef to be admitted
to bail. Under the New York statutes
a defendant .is always remanded to f jail
during his trial, and the Supreme Court
of this State has advised In several
cases that it is the bettor practice to
put the defendant into custody rather
than Jeopardize the ' continuity of the
proceedings by .offering ' him' an oppor
tunity of escape even for a short time.
It will be argued that Ruef > has . for
feited favorable '\u25a0 consideration ; by hav
ing fled once. :
\u25a0* The motion to be .made before Judge
Dunne to order all . of Judge ; Hebbard's
actions set aside will* be "earnestly sup
ported. It is contended by the -defense
that Hebbard had no right to act in a
matter which; previously' had* been
passed upon by Dunne and it is claimed
that the defense raised the same points
before Hebbard tnat were made in the
trial i court. ,' y »
. Before Judge Seawell argument- will
be bad on the* application of. District
Attorney Langdon for>a writ to' restrain
the Board : of Supervisors s from remov :
ing ; him; from office. .- : , V : \\ :'.X>
'. _The~ grievance ; committee Jof the Bar
Association wiir meet ! this evening: and
confer : with % the special 7 committee ;; of
three appointed! to • Investigate t the
charges preferred ; against , Superior
Judge J. - C. B. : Hebbard ."• by/ Francis VJ.
Heney. : The special committee consists
of Matthew * I. l] Sullivan, • United^States
Attorney Robert T.j Devlin : . and Samuel
Knight. "- It * will : conf er.i this * afternoon
and . decide upon the gathering ot:.evl r
denoe to. be: presented ,to the-Jlarger
body,* sitting' as a' courts ; \u2666 ? r .\ v:* : - ' -.
: ; " IThe ; charges * brought s against Justice
of , .the Peace .'Alfred - Lawson .will ,= be
combated by } him.', :. Lawson '{ is accused
of : neglect- of \u25a0 dutyi in ? having, failed *
keep ; his court £ appointments, ; but r j lie
has | offered jto produce \u25a0 his dockets and
court ' records V as '* proof tthat'i heY; has
transacted a" proper. amount of business.
To Core Grip In Two Dayn v. /,_/ ,_
Laxative Bromo Quinine removes ' cause.
To get. the genuine ' call 'for r full? name,
look Zoc «lgnature *t E. W. Grey*. a 60.«
Beresford Days Battleships
Are Better Than Battles
Admiral in the City
Alter a Visit
to Texas
Lord Charles" Beresford, who, as Ad
miral of the British Channel fleet holds
the highest rank of any naval officer
afloat, was in this city yesterday aft
ernoon on his return from Texas, where
he went to attempt a settlement with
Flora Wolff, a negress, better known as
"Lady Flo," who had claimed to be 'the
contract wife of his brother. Lord Del
aval Beresford. ; " ' -,
' The admiral still believes in battle
ships in spite of the international
project of disarmament which-England
is reported to be about to advance at
The Hague. ' ' ' , :' V
» "The people have become the arbiters
of peace," he said, when seen at the
St Francis yesterday.. "They realize
the horrors of war and that battleships
are cheaper than battles. -War is no
longer determined by parliaments and
potentates, and ,the people look upon
the cost of battleships as an insurance
rate.. That is what I have always said,
and I believe it still. I have told your
people that," he continued with a'smile.
Despite his 60 years and white hair
the admiral has a uprightly carriage
and youthful appearance. <
-""When I get back," he said, "I am
to take command. of the Channel fleet.
The King Edward VII will be my flag
ship. She is one of the newer battle
ships of the British . navy, but - not as
powerful as the. Dreadnought. Every
one is talking about the Dreadnought
now. She is certainly the strongest
ship afloat. : .
"My! but you people have a won
derful: energy," he exclaimed," as he
alluded to his ride through the streets
in the burned district and the idea he
had obtained of the rebuilding.opera
tions which are under way.
The trip of, the admiral to El Paso,
where "Lady Flo" is living on the
OJitos ranch, was not altogether suc
cessful. The negress, who had lived
with Delaval Beresford for twenty
years, has abandoned her claim for a
wife's part in the estate, which is said
to be valued at $10,000,000, but her
legal contention now Is that she en
joyed partnership interests with Del
aval in the entire property, of which
she was given' in the will but $10,000.
Attorney Hammond, who accompanied
the admiral on his trip, said yesterday
that they left without effecting a set
tlement. '•.
Flora Wolff is a mulatto, and in her
youth she. is said to have. been beauti
ful. When she first met~Lord Delaval
she was a servant. in the family of the
American Consul in Chihuahua. Their
meetings at first were clandestine. Aft
erward she was , known in Chihuahua
as "Lady Beresford." Recently the
couple had gone to the^ranch near El
Paso, and it was on a trip to the North,
where he had land interests, that Dela
val Beresford was killed in a railroad
wreck near Enderlin, . N. D.
The will is to be probated in England
and it is said that, rather than dis
grace the family by a court, contest
with the mulatto woman, the admiral
is willing to give her a considerable
sum of money in settlement of her
claims.
Lord" Charles, whose full name is
Charles, William de:la Poer N Beresford,
is the son_of the Marquis of Waterford,
an' lrish peer. He is the -most popular
man in the British service, and in
spite of the fact that he once pulled
down the . American flag over the con
sulate at Honolulu, when he was a
midshipman, he was favorably spoken
of as a successor to the Sir. Mortimer
Durand as " British Embassador at
Washington. » .
"I am goings, from here to Medicine
Hat in Canada/where my brother had
a .ranch," he said, "and then directly
to England to assume command of the
Channel fleet."
He registered at the hotel as "L.
Williams and servant." and sought to
avoid any notice of his presence in the
city. • y '
At Burllngame.his train was delayed
by an accident, ajid some of the pas
sengers came to ' the city by electric
cars. ;, ' . ' ' •/ ' '-';
"I thought I had best stick by. the
ship," said Beresford.' V"IV "I had some im
portant papers, and we finally- arrived
by the train."" .
SAN QUENTIN STYLED
VICE-BREEDING PLACE
SACRAMENTO, March 10.— The long
expected report of the Assembly com-
mittee on prisons and reformatories
has been filed at last. Conditions at
Whlttler.and lone are praised, but San
Quejitln >is | denounced- ; as a breeding
place of vice. « There the committee also
saw 'evidences of a waste of funds and
heard complaints that the food was not
only poor, but prisoners were not get
ting enough to eat. The report says of
San Quentin:
Thp crime practiced In .this Institution, in onr
opinion. In * blot upon the fair name of Califor
nia. In thp first place,' the Institution Is vastly
overcrowded. The boys of tender ; age, • who
should never have . seen : the . inside of these
gloomy -walls, find" themselves under, the lnfln
ence of aced and hardened criminals. The cells
are - dark and . gloomy, containing from i three Ito
fifteen or more inmates to a cell. ,We find that
they are locked in their apartment* at 4 o'clock
in tbe. afternoon, with noatr except what little
finds its - way - through • the small gratings of the
iron door. The prison directors claim that they
are powerless to 'change this condition. But.
after going over the situation carefully, we can
not see why tbe large brick building known as
the -• old "f urnitnr* .? factory cannot ; be ? equipped
with cells for the use of the younger and less
hardened criminals. This could be arranged with
but. very little cost, . and would no/ doubt save a
large number of yonng men from" coming : ooder
the - • influence of the more hardened . typa .\u25a0 of
criminals. -:{ '. : \u25a0 . ; -..-<•">-\u25a0',.. \u25a0 .
There seems to be a complaint regarding food,
and some of the inmates informed us that; they
not only had an - insufficient •. amount,' but 'that
the food was = poor in quality. This, if .true,
ought not to be. At the session of 1005 : there
were i $310,000 appropriated for ,' new buildings.
Before this . new - building \u25a0 can be erected it is
necessary that a hill should be graded off. | Judg
ing from the work done in the past two years it
will be a number. of years before a start can be
made ; upon the v new building, < and -In - the ' Judg
ment of your > committee .-. altogether too much
money Is being expended in, the work of grading
the lull, r - , -^ >-, -. -\u25a0--.•..
We went over the Jute , bag situation slightly,
and - In : the opinion of your committee, ! we be
lieve I that, •; so- * far.' as -- the I directors I - ar« 1 con
cerned, everything •- Is - straight and right, -i The
fault -lies in the system of "firsts come, 'first
nerved." We believe that erery one who desires
to \u25a0 avail " himself - of , the \u25a0 opportunity-- of get
ting bags! should have : an : opportunity. of getting
his pro ratn. A committee of the guards made
formal request that' they: b« paid mora salary,
and v while » we . belleTe that this . should be . left
entirely.' in \u25a0 the •- hands j of i the \u25a0 Board | of | Prison
Directors," we recommend that ' arrangements : be
made f that '- their salaries \u25a0be * raised. . especially
those i who ' have : families. : Mr."; Oliver, ! the sec
retary . of | the board, locally , in \ charge, ; also . rec<
oramends • that . a small amount be set aside: for
a \u25a0 revolving s fund r- that i the i officers : and £ fruards
might < avail :J: J themselves of . the '\u25a0_ low ' price \u25a0- of
supplies. X The State would . lose nothing, and the
men - who * are connected with the * institution
would \u25a0\u25a0 be \ benefited In v a marked \u25a0 degree. -- -. ~. \u25a0
-' ; Polsom \u25a0;' prison " : presents ~ a different
picture.'^ The report .'says: - - ',-\u25a0".'-\u25a0 > .
. \ .We ' find ; that this . institution , is - conducted in*
a much • more I satisfactory manner I than I tbe | one
at : San • Quentin. 4 - ': Mr. :'- Yell, s the ; Warden. - seems
to ' be one * especially -, adapted .to this i class •of
work. • The^- discipline r seems ;to •:, be j almost t pei
fect.' .\u25a0' i '-.\-- ? '. : .','\u25a0'\u25a0 -.A.-''' : '-" ;: * •*\u25a0•\u25a0'..\u25a0".- V*'-*-J is-.jv. \u25a0-•\u25a0• :"
.--/ We would , suggest ; one ofi.two;things: f elther
making i Folsom ; a penitentiary/ large ' enough to
accommodate . the ' older ; and more hardened erlm
1 inals and converting San Quentin into a reform
atory, or thattheGovernoriappoint:* commission
for i the i purpose I of ; selecting i a \u25a0 suitable \ location ;
At» this character of aa laautatiom, : - \u25a0
MAGARTHUR DENOUNCES
SCHWIITZ COMPROMISE
Continued from Page 1, Column 3
President discretionary powers In the
matter of excluding aliens.
Tveitmoe continued that while he
thought the Root amendment was fun
damentally wrong, he believed, when
it was taken into consideration" that
the President had promised the Mayor
to procure the passage of a bona fide
exclusion law at the first opportunity,
the Mayor really had accomplished
some good and therefore should be
thanked officially by the league. N
Walter Maoarthur was the first to
open the question of whether or not
Schmitx and the Board of Education
bid accomplished anything worth while.
He said that they in reality had com
promised the p*eople of this city and
of all California by agreeing to the
President's proposition to modify the
order of the Board of Education segre
gating Japanese school children. Sev
eral vital principles were Involved and
jeopardized in the Root amendment.
Congress gave up its right to exclude
foreigners from this country and vested
that power In the President. In other
words, he said. Congress had handed
California a gold brick, or rather a
brick without any gold In It— Just a,
plain, ordinary brick, such as one might
pick up almost anywhere in the burned
district. This was a fact well, known
everywhere except in 'California, and
he wanted to know how long it. would
be before California would discover it.
Another disgraceful feature of the
amendment, Macarthur said, was the
omission of the word "Japanese." This
Indicated that the President feared to
affront Japan by classing that nation
with China and Korea, Macarthur re
ferred to the past attitude of th,e Presi
dent. In the matter of exclusion and
pointed to the fact ! that on the new
Immigration Commission, which was to
•investigate conditions and report to the
President, had been placed Professor
Jenks of Cornell University. Several
years ago, be said, Jenks, as a dele
gate to an immigration conference in
New York, had fought for the intro
duction into the platform of a plank
inviting all the people of China to
come to this country.
In conclusion. Macarthur said that
the act of Congress was a clear evasion
of the vital principles at Issue, and that
he was In favor of continuing the agi
tation for the enactment of a concise,
thorough exclusion law.
. Macarthur's resolution was seconded
by former Senator Frank . McGowan,
who, in a fiery speech, declared himself
in favor of making this a white man's
country at any cost. He denounced the
action of the conference which had re
sulted in a compromise being effected^
and declared that the people of the Pa
cific Coast were the best judges as to
how their schools should be regulated.
He said the agitation had been begun
by the league to bring about the ex
clusion of undesirable alians; that It
had later developed into a school ques
tion and was assuming more gigantic
proportions, "as involving the rights of
the people i under the Constitution.
It was at the conclusion of Mc-
Gowan's address that P. H. McCarthy
got the floor and Introduced his amend
ment to the Macarthur resolution vot
ing thanks to the Mayor and the board.
He praised Schmitz and the members
of the board, saying that to them must
be awarded the palm for having ac
complished the first definite good in
the work of the league.
/ Macarthur said he wanted to ¥jam
the Mayor's friends that if they In
sisted in. thanking the Mayor and the
flash- was sent over the wires to Wash
ington that It had been stated. at the
meeting of the league, as Chairman
Tveitmoe had asserted,' that the Japan
esese would not go Hack to the white
schools, Schmitz and the board would
again feel the big stick and be placed
in a very tight hole. "' \u25a0 \u0084 -
Police Commissioner Hagerty, Elec
tion Commissioner' Gallagher, and oth
ers spoke in favor of McCarthy's reso
lution. Hagerty drew * picture of the
Mayor in a chariot, leading behind him
on one hand ftie President and on the
other a Japanese, wnlch, he said, he
had heard was presented In the form
of a cartoon In one of the Eastern
newspapers.
McCarthy fired a parting shot after
the 'passage of the resolution. He
made a reference to Its opponents
which brought Michael Casey to his
feet In an instant. Casey told the
chairman that, he was as good a union
man as -any other in the house 'and
he, did not relish the. lnsinuation that
he'wBiS\not. . ' .
% Chairman Tveitmoe rapped hard with
his gavel and assure^ Casey that no
offense was intended, "and the meeting
broke up.
BO Aim HAS'JfOT ACTED
The teachers and patrons of the pub
lic; schools are anxiously awaiting the
next ' move -of the , Board of Education
in the Japanese segregation fight." At
the > next meeting of the board It is
expected That some action will be taken
along the line of modifying the, order
which i aroused the ire of. the Mikado,
as agreed between the President, and
the San Francisco officials.
\u25a0 If "Japanese children are to be: per
mitted to return to the white schools
the board's, action will take the form
of fa^ resolution, .but as to the probable
nature \u25a0; of this -document no ; member of
the . board ' is .'. at \ this -.\u25a0 time informed.
Since I the return from the national cap
ital the members have not met and they
presumably' are waiting for, further de
velopments before decid^ig the ques
tion: "\u25a0' \u25a0.-'\u25a0/ '• \u25a0\u25a0'•. .< :\u25a0\u25a0 ':
MAN AND CHILD KILLED
;? BUFFALO,- N. J . V., March 10.~MIchael
Bowen,' a., farmer,' and ,hls '\u25a0\u25a0 10-year-old
daughter: Isabel were killed -and/an
other; daughter was • fatally injured ; to
day . in %a.\ railway, crossing accident at
Lancaster., '
OAKLAND WILL FIEHT
PROPOSED HARBOR BILL
Officials Say the Measure Is
Inimical to Interests of
vtheCity'
BENEFIT RAILROADS
Mayor Mot t Goes to Sacra
mento to Lead Opposi
tion Forces
OAKLAND. March 10. — With the final
decision that the proposed harbor cora
ml3ison bill is inimical to the interests
of the city of Oakland and the State
of California. Mayor Mott and City
Attorney McElroy went to Sacramento
tonight armed with document* and
protests to fight the passage of the
bill. The conference between the city's
representatives and those of the West
ern Pacific and Southern Pacific com
panies, after three days" work, closed
tonight. The last point of disagree
ment was the refusal of the railroad
attorneys to consent that the Mayor,
City Attorney and City Engineer
should be the harbor commission. The
City Council madd a fiat stand on this,
and the long session closed by the
withdrawal of W." S. Palmer and P. F.
Dunne of the Southern Pacific Com
pany. Immediately afterward a con
sultation was held between the Mayor.
City Attorney and Attorneys William
R. Davis and H. A. Powell. The City
Council was notified to assemble, and
a telegram reading: as follows was
sent to every member of the Legisla
ture r
OAKLAND. March 10, 190 T.
Oakland protests against passage of Senat*
committee substitute for Senate bill No. 801.
I relating- to Oakland water froat, and earnestly
requests that you rote tgainst It and all meas
ures pertaining to Oakland water front.
FRANK K.MOTT. Mayor.
J. E. McELROY. City Attorney.
GEORGE FITZGERALD.
President Oakland City Cornell.
Before he left Mayor Mott said: "We
> believed that It was only reasonable
the Mayor, City Attorney and City En
gineer should be named, in view of the
fa^t that the city charter names them
as a City Harbor . Board. This waa
flatly refused by the Southern Pacific
people, though the Western Pacific at
torneys were inclined to agree to It.
But even if that had been conceded it
is doubtful whether we would have fa
vored the bill."
Before the City Council William R.
Davis presented in detail the reasons
why the city's representatives opposed
the bill. He said that the measure was
framed to. give the two railroads the
exclusive control for fifty years of tha
land between the north training: wall
and a line fifty feet north of Long
wharf at a nominal rental of $1 a year
a front foot He declared that every
effort of the city's counsel to lncor
! porate amendments that would break
into that exclusive control had failed;
that the railroad attorneys frankly ad
mitted tha purpose of the bill was to
get such control; that they had gone
at it by way of a harbor commission
instead of by getting a straight grant
from the State because of lack of time
to get the latter legislation through;
that the companies would not give way
at any place where this exclusive con
trol was menaced.
Attorney Davis also said that both ;
the Western Pacific and Southern Pa-/
cine intended to construct a basin be
tween their terminals which would be
used for their own ocean steamships
and vessels. In short the bill was the
means by which the companies should
partition the land in question between
them, thus settling the terminal bat
tle. The Council adopted the following
resolutions:
Whereas, The Council of the city of Oakland
has carefully considered the proposed harbor
commission bill known as Senate committee sub
stitute bill No. 801, relating to the Oakland
water front; and
Whereas, Said Council believes that said bill
is detrimental to the best Interests of the city
and will retard its future progress; and
Whereas, Among many serious and Tltal ob
jections it takes away rights with reference to
the control of shipping, wharves, docks and the
like now Tested in the city of Oakland and trans
fers them to another and different board than
tbe board provided for In the charter of the
city of Oakland, and also takes away such
rights as were adjudged to belonir to this city
by the United States Circuit Court of Appeals
in a recent decision; now. 'therefore, be. it
Resolved, That the City Council of the city
of Oakland hereby protests against ths passage
of said bill, and the representatives of Alameds.
County in. the Assembly and Senate are hereby
petitioned to endeavor to have said bill .not
passed, and to vote against the passase of the
same.
1 % Janos I
1 The Original B
$M li laxative Water fiji
j|f £spf?F?jj blliooaaess. f9
|J» torpid ltver ||j
|a JtSsiSr ax> d slavish ffi
(Xll i&££2**£ bowels. Bb
Remember
Jn.lliCl*GS Xj
CQFFEE
.It is a mistake to drink
poor coffee ; a serious one.
Good coffee or none.
Tour procer . returns your money lz too don't
like Schillings Best. "' ,- \ .-.
Chamberlain's Couch ; Remedy la Both
Acreeabltr and Effective
Chamberlain's Cough Remedy has no
superior for, coughs, colds and croup,
and the fact that it is pleasant to take
and contains nothing' in any way in
jurious has; made ~it a favorite with
mothers^Mr. "W. S-Pelhara. a merchant
of Klrksvllle, lowa, says: "For more
than twenty years Chamberlain's Cough
Remedy has been ..my .leading remedy
for all throat troubles. It is especially
successful ;. In , cases of • croup. Children
like it and my customers who have
uaed.it will not take any othar.**