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Fame Awaits l^ii^^^^^^H^^S^^^MW^^^^^^^ Page II This is the year of airships and balloon ng. The greatest balloon flight on record s described by the men who risked their ives to make it, in The Sunday Call - VOLUME CI.—NO. 103. Thirty-Seventh Session of Legislature Comes to End Abe Ruef. Defeated in Every Frantic Endeavor, Remains a Prisoner STAFFORD MADE MEMBER OF THE HARBOR BOARD Senate Confirms His Nomi nation to the Place With Promptness RAISES A LAW POINT If Action Is Held Illegal, He Will Be Appoint ed Again EXECUTIVE PLEASED All His Recommendations Carried Out by the Legislature George A. Van Smith CALL HEADQUARTERS. 1(M»; EIGHTH STREET. SACRAMENTO. March 12— One of the labt act> of the Senate of the tliiriy-:?cycntn Legislature was to re ceive .'!;>'! confirm the nomination of \Y. V. Stafford to l»c a member and chairman of the San Francisco Harbor Hoard. The Governor intended oriff in.-iliy 10 defer the appointment . of Stafford until after the expiration of Spear" > term on March 14 and thereb}' avoid the j>oBElblllty of le^al complica tion*. Gillett and liis legal advisers • !<:<idrd today that there would be no •Innper in an appointment and con tumaUun at on< c, and that should any doubt of l\y legality of the appoint ment eriJM* it could be rrmoved by a Governor Gillett is very well pleased «rltb the acsrrr-jate performance of the innrubenß "T th^ thirty-seventh session. AM Hie recommendations Incorporated in hi* tnr'^FHfzr have been romplied with by the r-rifictnifnl of laws satisfactory lo the Governor. The evil that the f ... Legislature lias attempted to do by lumbeririß up the statute books with bille iK-lther recommended by the Oov > rrnor nor satisfactory to him he rgn jTfvcnt by denying: his approval, with out which the bills will di^. The num ber of bills in this class is large. BItXS TO BE VETORD The Governor was saved th« neees *ltv of vetoinjr Senator TVripht's chsnge of venue bill and Grove Johnston's af fidavit of prejudice bill', either of wliirh would have served to take the trial of S<-hmitz and Ruef away from Judpe Dunne. The Wright bill died in the Ap^embly. and neither by t"ars nor programme could Ke>»ne muster a suf ficient strength to reconsider the John son bill in the Senate. Had either been pasK^d up to the Governor it would have mot with executive disapproval. The prep* muzzier passed by "W'right may be safely included^in the list that will fall benesth tlie executive hatchet, r- 1= will Kaviigo's- ppt spite measure which makes libel a felony. Most of the measures advocated by organized labor will receive the Governor's sanc tion. He. has vetoed one labor measure — the bill fixing^JS a day as the mini mum wage that may V>e paid on public work—and one more is slated for tlie ax. The latter is the mf-asure fixing eight hours «s a minimum day for female worker*. The Governor has mad" no official statement touching thin measure, but there is no doubt about It* veto on several grounds, ft 1« known that Gillett believes the bill unconstitutional, in that it Is a vio lation of contract right. "While the bill was before the Legislature It was ex pected that it would meet lingering death in the Srnatfl. committee, after passing the Assembly. But the, Senate, by a virtually unanimous vote, passed the bill along to the Governor. . either to dodge responsibility or thinking, from the absence of expressed oppo sition, that there would be none. FRUIT GROWERS PROTEST. The fruit growing district* promptly sent up vehement protest, but the second real reason for the Governor's disapproval of the measure lies In the fact that he believes It is so drawn that it would *nut women out of do mestic service and give Asiatics monopoly of California kitchens. Gillett Is especially pleased with the standard form of insurance bill, which be .considers the peer. -If not the su perior of any similar enactment, by Contiuu*d on Pase S, fltlddl* Column 3 The San Francisco Call. INDEX OF THE SAN FRANCISCO CALL'S NEWS TODAY TELEPHONE TEMPORARY 84 WEDNESDAY, MARCH 13, 1807 WEATHCR CONDITIONS YESTERDAY — Partly eloudr; nuxlmnm tem pera tare, 54; ninlstma temperature, 42. FORECAST FOB TODAT— Fair; llfht north wind. -P«*» • EDITORIAL > Tbe Mayor** fflmfitm "•ettlement" of the Japanese qnestion. Fafe 6 Municipal ewncr«hlp programme rl'en « Mt. bark- in London. *«*• « Pftuft&fre of law muzzling: press would make California paradise for criminals, i ' Face 6 Tlie taming of the railroad magnates. Face 6 LEGISLATURE Thirty -Errentb seuicn of the Legislature ad journs. Pare 1 Substitute antitrust bill, which carrie* little force, is pasi-ed by Senate. - P«**e 2 Assembly rote* employes f2200 for work to be performed after adjournment. Fare 2 Corernor tas many bills In bis bands that he will reto. F«*e 2 VTolfe tells of the good he thinks lairmaVrrs hare accomplished. Fax* 2 GRAFT SCANDAL Abe Ruef. defeated In eTery endcarnr, re nuias a prisoner. y~ p «*« a -id '».i» V • ,:\u25a0 - . .V-i- \u25a0\u25a0 "' - ''j '-, - - ; • • United State* Deputr Surveyor St. John i» dismissed from Gorernment 6errife and Colonel Blinn nupeeeds bia to the position. Pa*e 14 Borauae of his resemblance to Dr. Josselyn. who U an intimate of Chief Dlnan, George Free man escapes |>oliceman's «^ath when cau;bt pummeling Morris Lery at Dibble's. Far* 1* Ten thousand eborels used on cleaning up dsy trill be placed on sale tods? as eouvenirs to ni-1 fund^, of Street Ilepslr Association. - Fage 14 United States Plrlsfon Engineer Hart* re oe^res order from Wasbinpton to inspect Islals Creek and ascertain practicability of dredging thr strearo. •*_•\u0084: Fage 7 Officials of Oceanic Steamrtlp Company notify Ftorkbolders of withdrawal of steamers from Australasian mail eerrjee; F««9 J4 Another railway is to be built from rrewjp to tbe »>?'3d. Page 14 Meo*e to \u25a0 rontrsF Councilman Hahn"-s re-V'ec linn from tbe Tmirtb Ward, Oakland. Fage 4 Ret. Oeorge Scott, assUtant pastor of Francis de Sales Church. In Oakland, die* from attack- of appendicitis. Fage 4 L"uiTC!>lty nr-pentu make promntions »nd changes In faculty and adopt budget. Fage 4 Alamcda County electors will role on tlie greater Oakland projert on Thursday. Fage 4 COAST Aimed conflict in Goldfield's strcrU OTer labor troubles seems Imminent. Fage 1 Point I/)Di station picks up mes wpr-ii fmi» Tcnsacola and »w York. Fa*« 5 ClcantJe l«Dd frauds »i-e uneartbed in Idaho and settlers may lofe their boldtngs. Faar* 8 rrwa>n«-e ° r ink »t«ln* °n hacks of contested Santa Clara Ounf.r bullets explained by the fact tbat voters bad tested stamps on stands in booths. *•*• * resident Itoosrrelt and Cabinet discos* faU ure of Mayor Schmitz aDd Board of Education to keep promises regarding admission of. Jsp *ne*e pupil* into schools.- Pag»i 1-5 Moyer. Haywo<yl and Pettlbone nppear for rriaJ at Caldwell, Idabo, but rase 1« eon tinned. •:- ;. P«*« 2 Brother In law of Stanford White d^lWers hard blow to Thaw defense. Fage S Washington has J'jst learned of a decision rendered by Judge de Haren last October, bold ing grazing without permit on forest reservations to be a criminal offence. . Fage b FOHSIGJV French battleship blow* up. killing serenty fire men and Injuring IM>. Face 1 Manager X/»ng announces the personnel of tb« Kan Francisco baseball team. Fa*e 8 Collector JesKup lowers gbot <Jun's colors in a handicap uprlnt at Emeryrille. P»*e S World's record for two-men trams broken in the Denrer bowling tournament. Fa*e 8 Lowell .basket-ball team wins Bubleague cham pionship by defeating WUmerdlng. Face. 13 Olympic and Webster Athletic Club teams to compete In field day contest* at tbe park stadium an Sunday. v'"^*** ** Miss Jennie Crocker buys some prize-winning Boston terrier*. *•*• *\u2666 LABOR Printing Pressman's I'nion make* TlporoM fight against surrender cf the eight-hour move ment ***• 7 MAnr\E German *hip Hdmund nearly lost In terrlfte hurricane encountered on March 3 «!!• tbla coast. *•*• » MIXING neactlon «trik»s tbe Nerada mining stock market and shores take upward course.' Fag* 13 Deal for 20A0O0 shares of Ft I»es stock Is agreed upon. Faje IS ' Barucb and Eastern aatoclatrs will inspect tinldfield merger mine. Fag« 13 SOCIAL Aged couple celebrate golden wedding »t home of daughter. Fag« 14 THE CALIFS BRANCH GFFiCES Subscriptions and Advertise- ments will be received in San Francisco at following offices: 1651 FILLMORE STREET Open until 10 o'clock every night. 818 VA.V >'B?S AVEXUE ' Parent's Stationery Store. SIXTEENTH AAU"mARKET STS. Jackson's Branch. ' C 33 II AIGHT STRE ET Christian's Branch. IOWI VALENCIA STREET Rothschild's Branch.; .1531 CHURCH STREET George . Prewltt's Branch. 3200 FILLMORE * STREET - Woodward's ' Branch. SAN , FRANCJSCa /WEDNESDAY; iuMARCH^ 13, 1907. NO EXCLUSION UNTIL SGHHITZ KEEPS PROMISE Roosevelt Will Not Act Until the Mayor . Opens Schools MEETING OF CABINET Japan Makes It Plain That All Discrimination Must Cease BASIS OF NEWTREATY Action of California Legis lature Pleases the President Ira E. Bennett WASHINGTON, March 12— The Jap anese question was discussed at the Cabinet meeting today. As far as the Government is informed the San Francisco School Board has oot yet fulfilled the promise made to President Roosevelt on " February 1 8 to ihe effect that Japanese children would >be . ad mitted inlo the public schools.- The President and Secretary Root told the other , members of the Cabinet that Japan had made it plain lliat discrimination against Japanese school children in California must be abandoned before any negotiations .for an exclusion treaty would be en tered Into. The President, therefore, will not try to frame an exclusion treaty until he has been advised that the School Board has rescinded its res olution. : '•':" The President and Secretary Root are well pleased with the prompt action of Governor Gillett and the Assembly of California In dropping: Inflation offensive to Japan,, but at the same time, however^* they are apprehensive of the effect of the California Fenate's action in passing this legislation, as the representatives from Japan reveal clearly that every move'of hostility In California renders It more difficult for the Japanese. Government to meet any overtures of this Government look- Ing toward exclusion. ,Thls Is the view of the President' and Secretary Root, and so Mronsrly is -the President Im pressed with the necessity of keeping good faith with Japan that he will not make any move toward enforcing the exclusion amendment until the situa tion In California is more, in line with his own attitude. He has not asked Mayor Schmltz and the Ran Francisco School Board to make good their prom ise., but It is well understood here that unless they do make good there, will be no exclusion of Japanese laborers coming from Hawaii. A member of the Cabinet said today: , "The sentiment of^ California, as. ire are Informed, is in favor of Japanese exclusion. And yet while efforts are being made, here to bring: about ex clusion California seems determined to put obstacles In the way by, inflam ing- the Japanese people. Japan; will not be placed in the attitude of having bee.n bulldozed Into . making 1 an exclu sion treaty. The basis of any treaty with Japan .must be recognition of equality and regard for national.feel ings. If the friendship of the two countries is' not impaired. , a treaty may be made, but if affronts are to be offered there can be. no i«ucce.ssful at tempt to negotiate, a treaty. "It- now remains for California to prove that; she wants an. exclusion treaty by co-operating.* .with' the ad ministration in the proper method to obtain one— and until" this Is done there will be 'no further ' treaty over tures by the Government. The enforce ment of the exclusion amendment also will depend upon the admission -of Japanese \jnto .the .California public schools. Tlie administration -Is not in a hurry and it will -glve-'the San Pran clsco School Board plenty of time to choose, lts course. ; Jf theiboard should decide to' Ignore the promises . made in Washington,, It would be taken to mean, of course, that .the people' of California were indifferent concerning the enforcement of the exclusion amendment! The Japanese will not' be "excluded, - you may be^ sure, until: the Tokio government is informed .offl-^ Continued on \u25a0 Pace ; 5, Middle : Column 4 Heney Declares No Boodler Will Be Given Quarter THE ACCUSED- BOODLEU AND HIS KEEPERS LEAVING .THE "COCRTKUOM. RUEF: IS AT THE RIGHT, DETECTIVE »URNS AT THE, LEFT AND ELISOR BIGGY IN THE. MIDDLE. BATTLESHIP BLOWS UP ; 75 KILLED, 150 INJURED French Vessel Becomes an rlnferno When.Poyyder Magazines Explode TOULON. March 12.— The powder magazine on board the French battle ship Jena blew up this afternoon and as a result Captain Adigard. command er of the- battleship, Captain Vertier,' chief, of. staff of the Mediterranean squadron, and from seventy to eighty bluejackets are dead, while Rear "Ad miral Mancerbn and 150- men are suf fering: from injuries.. Naval ,r circles are aghast and the public Is' stunned by the appalling catastrophe, coming as it did, so soon after the loss of the French submarine boat Lutin, In which sixteen men met death. The entire afterpart of the Jena was blown to "pieces.: The bodies of the victims were hurled through t the air by." «\u25a0 succession of explosions, ; and "panic-stricken workmen at the arsenal fled for their lives from the vicinity of -.'the drydock. Scores -on - board the Jena jumped overboard on the stone quays and sustained serious Injuries. The primary ,rause 'of the accident was the explosion, of a torpedo., The powder magazines were set. on fire and the resulting explosions; practically de stroyed one of the best, vessels, in ...the French navy. The Jena" had just under gone an" Inspection ' and ,- the cr«T\' was In its full strength, being composed of the rear admiral,.^wenty-four other officers and 530 men.. The magazines contained many, tons- of powder. \ .The first explosion was /extremely violent and "shook the vessel -forehand aft: - It was followedjnstantly by other shocks. The crew, rushed^wildly about the d<?cks and the # hundreds -of • men ,-be-. low "deck were ;enshrouded';'iri smoke, and .{while 'they groped" their way toward the exits they became the prey of 'suffocating 'fumes, ., which', caused many, of them to fall ' ( unconBcious: Shells and charges u of\ explosive*' in the magazines "'continued -to, explode' and masses of- m^tal - were hurled * into" the air and • fell' about I the* decks and arsenal.; .The authorities' .finally "opened the locks and 'flooded the drydock,,sub merging* the "ship. v ' There are tonight ~\ a -total - of .- 1 50 wounded . men being,-- cared -for; in the hospi tiils or In. their ; own - homes. In spector.' 1 General, Admiral; Blenalm© be lleveS; that the cxplosionVwas; caused by spontaneous -, combustion of powder,' which - disintegrates .^aft^r^a certain time "i and V requires -constant inspection f or iaf tify'i : " ' ' ' ' \u25a0\u25a0'. Trial" of Boss May Go On Before Dunne Today "The prosecution of the bribe givers will not be abandoned as long as lam conducting these -cases.;., lf there is to be any move to let up on any one. either bribe giver or bribe taker, they will have to get some one else to take my job. "It would be foolish to start another agitation which would lead the public to expect the conviction of every millionaire in the city. I am giving my v whole attention^to the trial of Ruef at this time, and the Grand Jury is waiting for me." But you may rest assured that this is only the beginning.'*— Statement made yesterday by Francis J. Heney. That Ruef's juggling with the technicalities in a -frantic attempt to evade his. trial has come, to an end is now the belief of the prose cution and the confession of the defense. (\u25a0;, "The preliminary skirmish is. finished; the trial will now com mence," was the wayj Shortridge expressed that fact yesterday,^ and Heney »aw the matter In the, eam< light,;although he expressed his con vlo.tion in" more direct. lanKuajre. To v settle finally the effect of/ the writ dt error granted by Judge ;Heb bard, the prosecution has decided. to ask the United States Supreme Court. to set the 'matter for hearing on March 25. In the ordinary course of the calendar it would not. come up^until May 2/ but the prosecution 'Is eager to expedite matters. On March " 25 a motion will be riiade'to have ihe entire proceedings before Judge- Hebbard quashed. The prosecution" will be ' represented in Washington by Attorney Frederick D. McKenzle. The papers in the case were prepared yesterday and will:, be for warded \u25a0 to the national capital today. REMAINS A PRISONER "./-,; By V order of court Ruef re mains a- \u25a0 prisoner "at the Hotel' ;St." Francis^ and "•; none but his attorneys or membVfs'of his family may V l ®^ nim. He'ris constantly undfir' the ,eye of -filisor Blggy 'and Detectiv* < Burns' men; \u25a0 \u25a0- /'""\u25a0 "' \u25a0 - ' "/: ; '.?.'_ . '' : ; ' The .prisoner" appealed "three courts yesterday for • relief.- and v ; got nothing. 1 Today ;>; > he j .will r'goj^ before Judge Dunne again possibly for trial, f'lri -Washington before the United States Supreme Court, Ruef's ' attor neys say, there wiir be liled a. peti tion for: a writ of I habeas corpus, based on the' writ -of .error; Issued Jby Judjje Hebbard. : ; ; . ; . '\u25a0".". Ruef was haled befoje Judge Dunne" for trial and 'on> a motion to sep'ure release ' ; on « :ball -j yesterday; f ; morning. 1 His * trial ' was; postponed until -. today, that!- the' prosecution ; '%in|ght , prepare affldaviU j'rifuting V the -sworn .aii«i a- Lieutenant Frank Lahrh, who outdis tanced all other aeronauts at Paris, tells an interesting story of how he brought the balloon cup to America in THe Sunday Call tlon of the boss arid Paul M. Nippert, agent for the surety company, to the Effect that. Judge Ihinne • was .biased and prejudiced and could not give the prison-r a fair ., 'trial. Judge. Dunne denied the motion that Ruef be .ad mitted to ball, and today will rule on the affidavits of prejudice. . Ruef next went to the United States Circuit Court of Appeal and sought before, Judge Ross to appeal from Dis trict Judge de, Haven's -denial .the day before of an application for a writ of habeas. corpus. Judge Ross also refused to Interfere with th« State's jurisdiction. In; the morning Ruef,. through his counsel.; filed a. petition for a writ, of habea's .corpus with the Supreme Court similar, to the i petition of Mayor Schraltz, with* the additional prayer Ithat; he -be removed from tha custody of the elisor and giv«n into tha hands of. the. Sheriff, and that he be admit ted to bail. All th« Supreme Justices were not -. present at court yesterday/ so action on the petition could not be had. Chief - Justice JBeatty stated that the court would \u25a0. act as soon as possible. POLICE AT COURTROOM .\u25a0\u25a0/.Mayor Schmltz's case' did not come to J trial yesterday, It being continued one day pending 'disposition of the Ruef obstructions. A. squad' of police under Sergeant Eastman, was on hand .at Temple '\u25a0 Is rael, California and 'Webster, street.% in the morning, and -by vigorous meas ures it prevented crowding at, the doorways,-and : in- the corridors' about Judge Dunne's court. In addition to Continued > on Pag e 5, Middle Column 3 PRICE FIVE CENTS. ARMED CONFLICT IN GOLDFIELD'S STREETS FEARED Shedding of Blood Seems Imminent Over Labor Controversy TOWN IN A TURMOIL George Wingfield and Other Owners Receive Warn ings to Leave CITIZENS PREPARED Rifles Handy to Meet Any Outbreak Following Vote of Miners SPF.CIAL DISPATCH TO THE CALL. GOLDPIELO. \fv., March 12.— A1l the ntlnen of Goldfield vrere dosed down last rvrnios ia order to c*ve the miner* an opportunity to vote npoa the proposition of breaking away from the Industrial TV?***** ot the World. Toe mine owners notified the miners that they would be under regular pay nntll •IS v o'clock tomorrow, and that after that time, they -would, be upon their «w ly resource*. Much tronble has been brewinsr all day and the situation la vrrj «rnvf tonicht. It had .been announced that there would be a parade.' today of miners who were opposed the present trouble and not in sympathy with tha policy of intimidation and thuggery which has been adopted, and the offi cers closed all the. saloons at 8 o'clock this morning: and requested that they remain closed until midnight tonight. Two shots fired In the. rear of th« Nixon block at a lat« hour tonight have thrown the town into turmoil. Members of the- citizens' committee will have little- sleep tonight. No one knows the source of the shots, and some express the belief that It was a ruse on the part of sympathisers of. the men who are in Jail to attract tha officers to another part of the town, so that an attempt mlsrht be made to release the prisoners. The jail is well guarded and no attempt has been made to liberate the men. It is asserted that several men.- amon; them "George "Wingfleld and-Diamond field Jack Davis, have been served with notices to leave town under threats of violence.^ One man identified with a union not affiliated .with the Industrial Workers of the World admits that he ha»« received, such a notice. The Nlxon- Winsfleld buildings and others are be ing closely guarded and any attempt to approach them will be met by de termined men heavily armed with Win chesters and shotguns. MORE ARRESTS 3IADK In the , morning the storekeepers were asked to close, and nearly all of them complied. The streets had a holi day appearance. , and. although they have been crowded all day, there was no outbreak. Two additional arrests were made during,. the day by Constable Inman of. men accused of being, in a conspiracy to murder Tony Sylva. the restaurant keeper who was shot down In his door way on Sunday evening. One of these is the man who paraded in front of Sylva's . restaurant on tne day of tha killing, declaring It to be "unfair." Both of the men arrested today are members of the Industrial Workers of the World. The officers declare their ability to prove that a conspiracy existed to kill Sylva and have several witnesses who' will be called upon to testify. : The arbitration committee appointed at yesterday's meeting of the Carpen ters and affiliated unions la meeting tonight, but so far the miners have not appointed a committee to confer with them. It is reported that the chief or ganizer of the. American Federation of Labor has arrived in Goldfleld and will organize the miners, but he has kept in the dark thus far. Justice of the Peace Solomon did not hold court today and the Inquest over the body of Sylva and the preliminary hearing of Preston, his alleged slayer, did. not come up lii consequence. It is said on good authority that Preston and Joe Smith, the business agent of the Industrial Workers of the World, who is charged with having been an accessory before the fact, have been Continued oa Pace 3, bottom Column I