Newspaper Page Text
4 GOVERNOR NAMES MAN TO DISPLACE A. B. NYE _ — . .-. . \u25a0 Gives Office . of Controller to Frank Mattison of Santa Cruz COURTS WILL DECIDE Gillett Says Appointment That Pardee Made Was Not Legal A local contest over the right to the office of state controller na» precipi tated by the appointment yesterday morning by Governor Gtllett of Frank Mattison of Santa Cms. late member of the board of equalisation, to succeed A. B. JV'jre, vrbo irai appointed to the position by Governor Pardee to fill the vnexplred term of the late E. P. Col- Kan. The latter's first term of office expired on the same date as that of Governor Pardee's first term, and al though be was elected for a second term his death occulted "before the of ficial return of the vote rrmm made. At the time of Colgan'R death Gov ernor Pardee appointed Nye, who had been his own eecretary. to fill the va cancy, and on January 1 of this year, the last day of his own occupancy of the governor's chair, he followed thif with a second appointment for th£ term for which Colgan had been elect *d, and which would extend over Gil lon's tenure in office.. Governor Gillett, however.* who un willing to allow Mattison. his . own choice for the place, to be deprived of the office, and the appointment was made yesterday in regular form as though no contest would result. Sec retary of State Curry signed Matti- Bon's commission as soon as it was presented, but when the latter made & demand for the office yesterday morn- Ing Xye, through his chief deputy, D. A. Moulton. refused to step out. State Treasurer Williams announced, as soon as he was informed of the contest, that he would hold up all warrants coming from either Mattison or Nye until the matter was settled In the courts, and that no salary demands of the employes of the controller's of fice would be honored. Last night, on the advice of Attorney General Webb, he modified this stand, and. the war rants and salary demands , signed by Nye will be honored as usual on the ground that he is •till controller de facto. Governor Gillet came to San Fran cisco yesterday afternoon, and when seen last night at the Palace hotel regarding the appointment, said: "In appointing Mr. Mattison I acted npon the advice of the attorney general, who has had the matter under consider ation for some time at my request. I had intended to appoint: Mattison at the time of my inauguration and have merely postponed It because of the business occasioned by the Session of the legislature and other affairs which have taken up my time. There is a close legal point involved, but Attorney General Webb, Garret McEnerney and other prominent attorneys who havo looked into the matter declare that my appointment is valid. "Mr. Mattison will at once institute quo warranto proceedings to determine his right to the office, and it will: bo argued that the appointment of Mr. Ny«j by. Governor Pardee was not effec tive. The constitution, provides" that the term of office of the controller is coincident with that of the governor. Consequently Nye*s term did not expire until midnight of January. 7, and Gov ernor Pardee had no right to make an appointment until a vacancy existed. Neither does he have the right to cut off his successor's right' of appointment by filling an office for which the term begins at the time his own ends. "There will be no trouble as to the payment of salaries or issuance of war rants. Mr. Nye will be recognized as controller de facto until the matter is tettled In court and will conduct the business of the > office without hind rance." Another appointment made by Gov ernor Gillett yesterday was that of the new state board of medical examiners under the new law, adding two osteo pathic physicians to the » old board of nine members. The new appointees' are A. L.. Cothran, San Jose; G. F. Reiri hardt. Berkeley; F. C. E. Mattison, Pasadena ; J. W. James, Sacramento ; Saxton Pope, Watsonville: *J. Park Dougall and F. S. Barnard, Los An geles; W. M. Mason. Lodi; C. L. Tls dale. Alameda, and Ernest Scisson, Oak land. It was noted thai no San . Francisco men were appointed to the board, which must have its official headquar ters in this city, but Governor Gillett explained that the office . would remain here, and that his selections were in no way due to outside influence in favor of any of the candidates. Under the new law, the allopathic physicians are given five members- of the board, the homeopathic two, the eclectic two, and the osteopathic two. Twice the num ier of names to be appointed are sub mitted by each of the state societies representing the different " schools, and from this list the appointments are nade.'ifSCafSl SAN BERNARDINO. April . 29.— State Controller W. . E. , Nye, who /was * today deposed from office by Governor Gillett, left tonight for He de clared that the governor, had no^au-' thority to remove him and » stated he would contest the claim of Frank Mat tison/ who was appointed by Governor Gillett. MBMEMRnBI TWKI/VE SEW LAWYERS Of 24 young men who took the exam- ; ination in the district court of appeal • for admission to the bar. yesterday only '12 passed. The successful applicants 1 were: L. R. Weimann. H. K. McKevitt. ; John E. Anderson,* Edward J. McGovern, Arthur Joel. Morris Oppenheini,' Michael I*. l Donnelly, Norman D. Cook, Henry Taylor. Thomas J. - Power, Thomas B. Sullivan and S. W. Austin. iFKEMCH REPUBLIC PRtPERTY) We caution Physicians •against accepting sub- s t i t u te s s o - c a lied "VICHY" offered by . unscrupulous dealers. .-*.'.-.., ....... „ ' . .. > ' . . Wot Genuine vvflhonl (he word PEDESTRIAN IS KILLED BY LOUIS SLOSS' AUTO Chauffeur Blast Runs Down Unidentified Man in Fillmore Street GIRL FRIEND FLEES Guest Driver Was Entertain ing Is Searched for . by Police' * Millionaire Louis Sloss' automobile, driven by Chauffeur A. A. Blast, /ran down an unidentified Italian -laborer, aged about 25 years, at Fillmore and Hayes streets last night; at 10:30 o'clock, and the victim died at the cen tral emergency hospital shortly after being removed there. . ; After striking the man Blast sped on south in Fillmore street without stop ping to help the dying man. Policeman E. J. McDonnell gave chase and cap tured the chauffeur. ' With Blast at the time of the accident /was a young woman, but she had alighted and es caped before the automobile was over taken. The chauffeur refused to di vulge her name. Her: testimony /will be required at the coroner's inquest, and the. police are searching for her. . Blast sought to confuse the police by saying that the ffutomobile he drove was the property of -a Fillmore street cigar man named Sloss, but when cor-, nered he, admitted that It belonged to Louis Sloss of 2610 Pacific avenue, president of the Alaska commercial company. ... / Witnesses of the accident say . tljat the dead man had just stepped from a northbound Fillmore - street car when the automobile, which was being driven at a high rate of speed, struck him. Captain -R. Charlton of engine 15 of the fire department stopped another automobile and had the (injured "man removed to the hospital. Chief Surgeon Plnkman found that he had a fractured skull and performed an operation, but the victim died. Blast was charged at the Bush street station with man slaughter. OPPOSE PUMPING PLANT FOR GARFIELD SQUARE Mission Promotion Association Will Ask Supervisors Not to \u25a0 Renew Permit Granted Water Co. , It was decided by the Mission promo tion association at its meeting last night to ask- the supervisors to refuse to renew the permit of the Spring Val ley water company to operate a* pump ing station in Garfield square, at Twen ty-sixth street and Treat avenue. Tho present permit ends, in July, The committee appointed to make recommendations to the supervisors re : garding appropriations for- the" Mission district in the arrangement for next year's budget reported favorably on. tho application for $5,000 for the improve ment of San Bruno road and for $4,000 for the repair of the washout on the Mission road at Ottawa avenue. v . It was decided by the association that it would not become a member of the federation of local improvement clubs, which is now. being formed. Telegraph News KEEN COITNTY. PIONEER DIES^-Eakers field. April M.-^ameH-V. .Rosemyer. one of the earliest pioneers of Kern county. . diwi yester daj-. Rosetnyer was connected with the Te Jon ranch. < •••?: TEN LIVES LOST— Baltimore. April 29.— The. loss, of life by the collapse of . the - new eteamshipi pier at Loonst point last Sunday was today placed at 10, bnt only three bodies hare been recoTered. MOTHERS HAY TEACH— Honolulu. April 29. A bill to prevent the employment of married women 'as teachers in -the public schools has been defeated In the house of representatives, after having passed the senate. OFFICIAL RESIGNS— New York, April 29.— Henry Llrernett, , manager of the commissary department, has resigned, and John Burke, as sistant chief of the department of j material and supplies, appointed to succeed blm.'jqgagaa OFF FOR PHILIPPINES— Fort Riler. Kan.. April 29. — The headquarters. \u25a0 band and the , first squadron of • the Ninth caralry. under < command of Colonel Peter Bomus, left Fort Rlley tonight for the Philippines, via San ! Francisco. .; • ; - > EXPLOSION IN.TTJNNEL— Dayton. 0., April 29. — EUrht men working in a new- tunnel at the new National 'cash register plant : here . were painfully burned in an explosion of natural ;rns today: ; They were suot 20 feet out of the tunnel by. the "force of the explosion.- - ... .%:...- EMBASSADOR' BRYCE TO SPEAX— Wash^ Jnirton," April 29. — British Embassador Bryce will delirer an address at Jamestown on May. 13 In commemoration of the - first . permanent settle ment of English speaking . people on'the'Ameri can continent at Jamestown. TREASURERS TO MEET— Sacramento, April 23. — Arrangements have been made : to hold a convention of the county treasurers of 'the state In this city May 22. They will ' meet to discuss the law passed by the last legislature regulating the depositing, of public funds. , MACHINISTS STRIKE— St. Paul. April 29 — A strike of union machinists -'Employed in \u25a0 the Twin ' Cities,* railroad machln!»(« exempted, has been ordered. The men ask recognition, reduc tion of workln? hours from ten to nine hours |*er day and a minimum wage of $3 per Jay. ' MITCHELL WILL RECOVER— Sprlnc'. Valley, 111.. 'April 29.-^John Mitchell, president . of ' the united mine workers, was operated . upon ' today for strangulated hernia. The operation wag per formed at St. -Margaret's hospital and was.suc cessful. The patient Is resting easy and no danger Is - anticipated. EDITOR PASSES AWAY— Helena. . Mont.. April 29. — Cornelius Hedges, a Montana pioneer, one; of the editorial .-.wr iters on : the Helena Herald, the first dally • newspaper - published in the "state, grand secretary of* the Masonic;fra ternity, : and a well known.: early. *&ay: lawyer, died here; today, aged .7s years. • .' ; . , TO INVESTIGATE POLICE ' GRAFT— Joplin. Mo.; April 29. — Judge. Hugh Dabbs of the circuit court here today ?. called ; a special grand- Jury to Investigate charges of police ? graft, allpga tlons ? having hpen made •-\u25a0 that .gamblers and keepers of various houses bad made : presents to police officials ': In return \u25a0-. for protection. '-' • BURKS TO DEATH— La Crosse,*Wls.V April 29.— Mrs., A. J.; Elliott, aged 70. of Everett,' Wash/, was burned to death' today ; at » the home of her. daughter, Mrs. R.J. ißussell, 1 wifeofia loctl manufacturer. • The accident ; was < caused l»y. the ' overturning of an alcohol lamp.'v which the woman was using to heat a curling iron."". STEALS ' HORSE . AND \u25a0 BUGGY — Petaluma. April 29.— A • man who * had - been" employed 3' ns nlgbt stableman .* by \u25a0N. . Kamp -, & Sons .\u25a0 dr<Sve away with . their, l^est mare, a - new; buggy, nu merous lap robes and a quantity 6t grain "Satur day night, : after the proprietors bad gone, home." He tias not been apprehended. -WINE 1 FINDS NEW ' HOME— Honolulu,': April 29. — A new.* Industry is being \u25a0 developed on i the island of Maul. ,'A district has been found where wine ; of an ? excellent " qualitr. In the :• class -•. of light burgundies can be. produced. ''Large .vine--' yards ' are ; being ; planted ! and the Industry -is be ing developed on an extensive scale. • DRY GOODS COMPANY , FAILS— Sew York, April ! 29.— The : Journesy;. & i Burnham - company, one '. of • the oldest ; dry goods • houses In • Brook lyn, passed Into • the hands ' of ; a receiver today: The company Is capitalized • at ' $500,000. ' Ac cording to a \u25a0 schedule filed « the directors declai-e there have : been mo .profits ' from tbe business for severs! : years.*,: ;' , . - CHAtrFFEXm SENTENCED— Kenoshawi Mich. • April ; 29.— Kdward Collier,- an . automobile chauf feur - charged • with \u25a0, killing iWilliam Dreyer zby running him down? while driving ;an automobile on^ the nlßbt -of .f Julyi23 \u25a0 lasui' wag "sentenced today to. pay. a? flne.T of -* $I.ooo , and i costs, and undergo six ; months'! imprisonment' in ' the : county jaU/- Collier 7 recently was i found ' guilty of manslaughter in the .second degree. \u25a0"- . A BURGLAR -TXrRNS,; PILLOW— New York ,i : tv~J. burglar , entered, the ,bedroom« of Mrs. John . Frailer, of Wakefield % borough : early today and - : took \a ? pocketbook » containing .' $16CK) from under her, pillow. /; Mrs." Fraiier awoke lust in time to see: the; man climbing through a dow; to a • ladder which ', he had i placed J against the side of the.' hous^ : to gain jan entrance. :• BREAKERS ' STaiKE-Bostob, April 29.— A v strike \u25a0of ?. strike breakers ~ was -an t unex pected:; featured today .an . connection with the movement of ncveral union* teamsters ofth>' "city to obtain ' higher ; wages. Over :«rj nonunlonUts. who had been. serving, lu places of. union strikers.. quit hecauM of,thc harassing conditions) of (their employment and in some. cases because: of alleged nonpayment of -wage*. : ;-_ --• .-. . -....'\u25a0\u25a0. .-- °, a T^JSAK^M!^^ i^ri^lßusiseH'sl Art \Qiy^goaihty : OMrjmf^ James Crawford Such a delightful Puck Is Annie Rus-; sell, that iher t reading r of/ the; partialone overshadows the ' mere {pictorial * side ?of the ; most; stupendous! production ; of i"X Midsummer Night's Dream" /ever; staged In "America. ? While "-she. was In last s evening at Sthe?>Van* Ness ».thea*,-r she might Just as well ;\u25a0 have ? been', sur rounded ..by ' bare jwaUs^ lllurainated r by rushlights, as the/: play -wais ' presented in Shakespeare's ;.tlme;;;)Her:: art ;iob£ scuredlits:materlarenvironment^ii v : r ; It was 'an! agreeable surprlse ; that;the dainty actress . conveyed /to \ most L/of jus in front, for we \ had \u25a0 seen ] her % only* In characters antipodal ,-. temperamentally to *\u25a0 Shakespeare's ,- mischievous S'sprite. 1 But if she was Irresistible In '.The Royal Family" she is fascinating in/the great est fairy extraVagansa - ever- written; She reflects more than the^ Shakespear ean text. I "doubt that* the .bard "could have'; imagined the s : catchy, Jauntlness shown by-Jief. .; Airthe'brightneW/and buoyancy ;-\u25a0 conceivable;.' she-- invests Mri the role. Her diction ; is /delicious-— her laugh an " Infection. ;;'A/ more \u25a0 restless, light : heeled: and vivacious Puck never pranked. ;'- This/ praise loses no /weight /when the '' adolescence } of /the'/ character f ah<| the • years \ lived \u25a0 by J its • personator { are considered, t At -:' sacrifice ' of £ gallantry it must he stated that Miss Russell is no longer •ah t ingenue, but 'draws 'upon an amp! c stock of technical r . experience —and therein,- maybe; consists ; the pert, fectlon of her portrayal, v :ghe is not the only glittering 'exception : to < the/ rule that a . woman who '^is ; old * enough to have dramatic values at command must needs be . too old ?, to *- satisfy-, the * *ye. Don't . forget Modjeska, after • reaching the estate of . grandmotherbood,' playing Juliet " with such ;. rare ; finesse,*preserv ing ; the ; spirit of '• the lovelorn damsel bo daintily that \no / one % once thought of any : age * consideration: /And -only last week we had Lillian Russell ; faith fully Impersonating. an: under SO widow.' Then , why. marvel \u25a0 that lAnnte/ Russell looks and acts the Puck ' of popular ideal? ;; Aside from Miss Rusell's charm /the play is chiefly "production." ."." Its wood land j scenery/ Is the - most ' realistic - and beautiful I have ever seen -in any. the ater and Its lighting and - mechanical effects are both ingenious and elabo rate. ; Puck makes j his I first entrance in midair,, and .the I wire that . supports him is \u25a0 invisible. Betimes , there ,' are flocks of aerial spirits "in view , and many diminutive fairies v gamboling afoot. . Perhaps the best thing that! can be said . In < approval \of these ; Innova tions is to report that they < are not al lowed to impair. , the ,f effectiveness -of the play ; itself. They// are /.'simply ]so many eye pleasing aides to ; the \u25a0 narra tion .of . the * fantasy. Jl Experience has demonstrated' that unless Shakespeare is scenically.. embellished on : a lavish scale^we " would J have '"little or no Shakespeare staged in ' this;, country. For further particulars apply to^ Fred erick Warde or/ Louis James , or !: any other of the! few; surviving "legits? who j have/ tried Ito educate , the .American people to accept Shakespeare solelyj for the Shakespeareanism 1 there is in"-lt. The music incidental; to" the- play is alone worth ' l istening ' to. * Mendelssohn is most freely drawn- upon,'; and : sev eral more modern ) composers ; are -capi tally Interpreted 'by :an';augmentedfor-': an';augmentedfor-' chestra under intelligent; leadership;-: Among -. the '. people Ih/itheTcastfwho are// worthy ;f of note . is : Miss •« Lansing Rowan, once , of . the ' Frawleys. ' $he acts Helena lwith;/ graced ; EdwiniMor daunt, Atkins Lawrence* Oswald Yorke, Thomas Coffin .^ Cooke, 1 John' ijßuhny, Catherine: Proctor and? lna* Brooks ; are well bestowed.- f^ There "are ' many^chil dren, who show the .effect of -careful drilling. ;\u25a0;' / ,: ; . • :' \u25a0;: Comedy,;: spectacularism, ; music ••\u25a0 and most [of the; otherrelements_thatfgotto make a stage offering popular, are com bined in this production of. "A Midsum mer Night's Dream.", toi say: nothing of the magnetism of-" Annie '- Russell's name,; so" it might not be indiscreet to predict a profitable > fortnight for the Van Ness. ';;.'..'-': •\u25a0;\u25a0/..\u25a0.'. ,.-. f \ y, CHUTES, THEATER '\u25a0j Bronson . ' Howard's -. military h play ."Shenandoah" 'was \u25a0 warmly, welcomed by ,-; a ; large audience $ at ; the • Chutes theater-last night. , .. The production' was a pretty and- picturesque L one c and /d company of; regular ; soldiers j gave ef fect to the camp life and the scenes of strife. Virginia "Thornton' -scored "a" success as Gertrude;; Ellingham"; and Leila Shaw was .delightful -as -Jennie Buckthorne. "Ramsey. Wallace- played Kerchival West "^. remarkably/^ well ; and Leslie Morbsco attracted '.admiration as Captain : Heartsease. 1: Evelyn : Selble should be^ingled' out for special praises as j Mrs. , Haverill,Vand \ ttie , applause ahel laughter .which , greeted '\u25a0 Anna Bates as old~ Marjory ' was welh: deserved;? Tho play will . run all % week '\u25a0\u25a0_ and I there ; wil 1 be a special May day. matinee toniorrow for children. ' '. " CENTRAL. THEATER One week's of "The De serted Bride"; was begun. at the* Central theater : last night. It ris .the story^ of, 'ail unfortunate girl who Is first betrayed ; by a .mock marriage, * and* after >her?child dies-marries the man of her, real-affec tion, only ; to;be -cast; aside^ whenUthe secret of -her,- life becomes known "to him." She returns'to her; home, .Vwhere an invalid^ mother; and crippled' brother, suffer at \ the' handsof 'a* drunken* f ather and" h usband^V' who : ; forces > his ;• betrayed daughterto'.becomethVmlstressof the man who was -the "original i cause' of i her trouble.; ' -;;•:-' ;"";.V»;"";''v; "";.V»;"";''v \u25a0\u25a0 '.'Cir- --','. ', : At ; the ,' return sof tant i hus band J the wronged woman _, is forced ; to kill; the; man -of -^her shanie.' : Jtter J hUv band, however/ gain s ; f o r,; he f j tC] parddh from' the; governor; just -before: the' tline for her arid' the-curtklnfgoes down on the' happy.; reunion. of ;thCi.toncß desert cd r : bride r'andjrier^ husband', lover. The play is enlivened by; the" humorQuV courtship of : a Jolly^lrish grocer, and ftn old tniaid.,,; James v Corrigan Yas * Patrick Fogert'y,Vthe (grocer; 'won fVepeated ap^ plause: - - "' r - • \u25a0''\u25a0•-" o;:-.-'^-^" '; NOVELTY-THEATER i,:-/.'Robiri' Hood',' '.was done fcapi tally /at the) Novelty;: theater [last; even ing byj the Sani r Francisco ;\u25a0 opera's company.' -iThe tuneful force : of ' the: copipany,\was.aug^ mented ttiy} &- large J chorus ,": of 'ypungV freshv.vbices,-2and '^thel production £Waa further {enhanced' by ; good v» costuming'; and» effective: 7 ; stage .^.setting. V^ Teddy' Webb}made;theimost"of ;the ;Sh*erlff s <?t Nottingham. V;Aida'^Hernmrft sang ; the' music ; in .the^roleTof; Maid Marion * 4 wlth earnestness 2 and success '< \u25a0\u25a0'} Kunkel f.won commendation r as C Eriar .'; Tuck,7 ': Maud Beatty," s vocal strengthTwas :f: f well;'adapt-' ed^itb | the'; "part ? of \u25a0 Allah" : a-Dale^'*and Wai Jerstedt ', proved ' adequate tto^the ' De' Koven i music. ;-./.; :,> ;r:u • -v ;: -\u25a0..'.'.>;; "Brown 1 October, Ale.". sungiby.'/Wal lerstedt.the ;;'Arrnorer's: Sopg-," by^'Oli- Ver.f Lenoir;;, the /Iduet} in': the V first • act betw"een^Ca^lsHaydn|and v Ald^Hemmi; L Pjr6mlße|MeVi*byjM4udtßjattyjjth"e' huhters'^chqrus"v and melodies^ brought', demands for: repetl .tions.-:- '-y-'ij ' ~i'--.- \u25a0\u25a0"*-^"."-* ":\u25a0'\u25a0'(" : '''\u25a0'•'>\u25a0 :\u25a0-:'\u25a0 «•«"»:? \u2666'LA 4 BELLE % Rr S S E" The u Colonial;; theater.: last ".''night" re \ .vived i Belagco'slplay.'iJ'La^Belle 1 Rus'se." The plotj hinges i^bnUhe attemptlof ''trlCtt^Hatherly.^a^beautifulj^ut^dissq^ lute* wbman.VtoTmasnfuerade i as ' J her] Bis* ter.\whO;h^d J niarriedtarnoblwnan.*?BJ l h'e l first Ktwb % acts | r aref ratherStalky.^with; long-winded ; explanatlone.'ibut jthe]rtap" pearanceTofp,everyb6dy,l; Including £Bft* atrlce's^ sist er|Tarid Jlher J husbahd;^«up pMed^Oibe'dead^M'Beatrice's^WJl^ results: injsbmelstlrrlngVßcenes'irip the latter/, part •* of the . play. The battle royal v between - Beatrice \u25a0 and " Captain Brand,'; her}, old '•• lover, % acted jby.' Izetta Jewel; and 'Ai* Bur t^Wes"ner,' respectively, 5 was ;i waged ;, with :s fire- and i a • cut -/and thrust, /that/ brought^dowri' the! house repeatedly. f;: Izetta * Jewel's % Interpreta tion^ of ithel character in\which she ': had to 'sound J/everyj emotion; from* laughing .contempt fto j; the ; most * abject ; pleasing, was ; a/ reyelatlon,' even from- so gifted ari" actressJas she/Is; : \u25a0j : -Prank" Bacon as; the > old^famlly^sollcr itof. 1 added -/a] welcomeT touch": of.' liumor, tho'only lone j in" the [play .^ Maud Odelle acted Ing the -/part/ of I Lady A f Cal thorpe,"' though <In j her \ zeal J for/ appear ing | old she'lwas ' too" 1 generous : with * her. powder.iv' Walter was \u25a0 very, satisfactory as Sir ; Philip j Calthorpe.' x- ; AT \u25a0: THE NEW ALCAZAR -; ; The success - achieved by. "The . :?Adf mlrable at -the : ; old Alcazar last *year :\u25a0 will 'beyond ta. ; doubt •' be ; re peated <. this week -at > the \u25a0; new • Alcazar, where Barries charming ;play -is ; being presented.^;- This i delightfully ' amusing coniedy, n with Just :' the ,'. requisite \- M touch of pathos,' coming ; from < true ; love gone awry;; la^ell^glvenf by,;' the, : Alcazar stock company and may be counted one of l their > most : en joyable ibits of .work. The; situations ;f urnisned , by the casting away; on | a -desert | island ;of /an | English nobleman, /excellently ;: acted 'by t H. '. D. Byers,' hie /daughters and their / party. Including! a resourceful" and' masterful butler.'i; and^the/ consequent 'reversal l of class distinctions, are; sufficient to keep; the; audience' in^ a continuous -gale/of laughter. ;rßert|am \u25a0Ly tell [ as : Crlchton; th«- butler, '.has one /of /the parts assigned him thus far, and he has the applause, and, sympathy of every "one fromHha [first to Ahe last •, of- the play. John Maher Is good Jas the" Hon. Ernest .Wooley,' Daisy Lovering j does a quaint bit; of character, work ras Tweeny. ;;. the London slavey, and i^aura Lang, Louise Brownell and Anita Murray/are charm ing and natural as the three daughters of? the earl, .r The other parts are also well taken, -r \u25a0 ' ?? ' \u25a0 .-.". .-\u25a0 . ?.- - \u25a0 \u25a0'".\u25a0''.\u25a0 "SPORTING I LIFE" -\u25a0Walter •; Sarif ord ;. r presented c at ; ,; the American theater, last night, as the first offering 'of ,the. season y, of ! melodrama; something I new. •In the way of heroics. ."Sporting;, Life" : was , the play, and ;ia capable v cast produced* it. Light opera give way to | the tragic." and the change was : by sa ; large . audience. which ..will grow, 1 ; probably, as the; suc cess of last night , becomes better known/ -.'-' l : > \u0084-.\u25a0'.>\u25a0'. - "Sporting Life" Is ." one of those de lightful plays ': at'-. which" the . hearer iis satisfied fronv the start that everything Is 'going 'to; end nicely,' but which gets the '[ hero V so •. wonderfully •', involved ;in trouble that It seems impossible to clear him ; and not Vdo mlracles.V But /the writer succeeded, ', and virtue was m re warded before ' tlie | orchestra played . the audience - - ,'.-.\u25a0 ..\u25a0•\u25a0; - r >'J - \u25a0 r . -. : . ': "i -LV.; jT... Henderson, ,; as the nearly, "broke", v earl;! was convincing," and; his efforts- In' the ,rlng,.to save this; honor, were loudly applauded.; Wajter, Sanford as | Isadore ; Andreade, the money, lender," was equal to , the task iof playing r a bro ker with a heart:; Miss Hudson as heror me, Joseph O'Meara afe the villain,'Grif fith.VWray 'as ;the' dupe, .D. . M. 1 Dunbar, Miss Edith Browning/ and, | in short, the entire -least, ', was ' excellent. ; The play runs one week. V ';, . . \ ; -K THAW LETTERS WILL BE \u25a0 ; }HELD BY^COURT CLERK Justice Fitzgerald Refuses to • Sign ; " ft } Order; Returning; Evidence : : . ,: in Recent Trial '\u25a0:':. '\u25a0\u25a0' . : NEW. YORK,: April 29.— Justice Fitz gerald '•- in', the supreme \u25a0 court? today re fused to sign ; an order giving 'into the custody) of A. Russell iPeabody, the ex hibits introduced by the defense in the Thaw ; trlal^*' '^i \u25a0('\u25a0 ""\u25a0••^\u25a0':. \u25a0 / .'"\u25a0 \u25a0 \u25a0. ii"' >- Peabody j had asked :' that.' all the ex hibits,, including the .letters ;offered be fore ;the \ lunacy 'commission,' be turned over ftp him: , \u25a0,;•.» \-y ::\u25a0' The ; exhibits are nowi in the custody of the clerk" of the court before which Thaw was tried^ : ; \u25a0 \! DECISION AGAINST RAILROAD \u25a0f WASHf NGTON, April; 29.— The' su preme? court of^ the . United (States' ii dcV; elded; today that the railroad jcommis^ sion': ofp the state ! 'of NorthJ^Carolina could compel' a -railroad, company \u25a0bper-" ating :\u25a0; In r: that ' state . to "? so 'i ad just% its schedule as to accommodate passengers on'other .-lines. from any' particular part of 'the'state^ v The^ commissioners v had directed:. the company.' to make' connec tion at : Selma \u25a0 with ; a ; train- on another line./; The "company : resisted ,on the ground?" that , the -order': could not ' be complied with without putting- on a special train. \ RAILWAY • MAN >. AT 5 WHITE - HOUSE /WASHINGTON, April!: 29.— President Roosevelt ' had an /extended ; conference with|.W.t O. Brown, senior "vice 7p resit" dent'of the.New York Central railroad, tpdayJ!ff: Brown ; was i averse^tb^saying anything,about his :. talk with! the* presi r dent,';butadmltted that^they haditalked "a little'Vabout' the railroad "situation.? ": J^ LACE CURTAIN 1 j 60 pairs 60c Nottingham for; ': : .\ . '. ;. -.'" .... 40c \u25a060 ; pairs 75c Nottingham for. ; . . . ....... 50c ' 50 - pairs $ 1100^ iNlottingham J f or . . ..:.;; . . \u25a0\u25a0. 75c 30 pairs $ H5O Nottingham f or. v .......$ 1 . 15^ ; 24 pairs; $2.350:N^ 24 pairs $3.35: Nottingham^ 12 pairs $3.75 Nottingham /f0r ........ .$3.00 6 pairs $3.25 Irish Point for . . . $2^50 ' . 12 pairs $6:50 Irish Ro^^^^ Q I 12 pairs $3.55 Novelty Lace for $2.95 §fjl -v^-Si .2^rs js3:Bs^Noyeity >Eace;:for.v.;;%:^;;.|3.pp.^": || I •12 pairs $330;Cluny for $2;75 \u25a0''-'•' I ".\u25a0'\u25a0 , ' ". ' « - - .-\u25a0 ONE AND TWO PAIR LOTS IL. , 50% OFF LIST J ELLIS STRJEET. Between Polk, and Vaii Ness COMMITTEE OF CITIZENS ENDS STREETCAR STRIKE Salt \Lake > Railroad Cpm pany Grants Demands . ' \ of the' Men PEACE A: IS RESTORED Postbffice .\u25a0; Department As sists in Operation of the .Lines ;? SALT LAKE, April _ 30^— It Tra«" an nounced at - 12 : SO o'clock . this ". morning: that! through, <he Intervention of'bual ness men the streetcar strike had been settled. The demands of the [ men rrere granted. ':.:;.'. ' -' TheJ conference at the settle ment ',was ' reached ;,was "attended ' by|the arbitration"; committee '• of I the : Commer clal^'club.i nea.d ed I by j'J.~,W.:. Houston, a prominent I real estate man; ,C.*O.* Pratt, chairman "of > the " executive t committee of the amalgamated ; association of street and ; electric \u25a0 railway employes of America," and W.', H." Bancroft, .president of 5 the •Utah" light and railway 'com pany.'r-iv-v-.":^"' ' / H.: ;\u25a0 i ""\u25a0 ''J' 'y '\u0084 \u25a0\u25a0 \u25a0 ;; The; postolHce' department at "Wash ington; took a hand • in .; the strike j sltut 1 atlon X yesterday,' ; sending - an \order i to the *. local -postotßce : officials ': that special deputy: marshals be placed as guards on all (earn 'carrying': mails. /United .•' States Marshal '• Spray at : onco ; swore ' in depu- ( ties i enough , to] guard the cars.'- Assist ant * Postmaster 'A: •P. - Kesler , arranged a ;; plan ; whereby ,' a - total '; of * thirteen round \ trips V would - be ; made i each * day by ithe ? mailt cars :. and I gave \u25a0 assurance that all: passengers on, these cars, would receive complete protection.- This solved the s difficulty^- for suburban .. residents, s whoVwere!enabled ! to use the cars both in . comin gr J to " and < returnln g from their places j of . business in the city. The electrical, workers, at their meet- Ing, last^ aightA had decided to stand ' by i the \u25a0 carmen : and strike today.' SEVEN HUNDRED SHEEP ARE KILLED BY DYNAMITE CHEYENNE, Wyo., April 29.— An ex plosion 7,0f :* dynamite .at John . Linn's sheep camp in Trapper, creek," Big Horn county,i;laßt night;, killed. 7oo sheep and completely 'destroyed -the camp wagons and other .possessions of . the'l'camp. The story ; of the outrage was told to day^by!a: herder, " ; wh6 said .that a band of masked : men , raided the \u25a0 camp, and afterbinding him securely, arranged for the work of. destruction. ..'A similar at- 1 tack was " made '* upon : : a i sheep • camp -In the .Trapper "creek section two years ago."-: 5 * " '--' \u25a0>?;\u25a0?. ; ':' ' ' f* ) SLOT MACHINES; SMASHED :^ AND BURNED IN BUTTE Gambling Outfits Had Been Plugged ; So : High ) Premiums Could Not Be Secured . BUTTE, .Mont., April 29— HurleO from the third , story of; the county court •' house, 'after, being - condemned ', to incineration J by;' Judge sBoiirquin, what remainedlof; twenty-five "slot machines after ; they hit the ground: was publicly burned j.intthe *jall^ yard this . morninx by ' Sheriff :Hende'rson:--"-; \u25a0) -I \u25a0\u25a0 'i'^.The aggfegate .value 'of the gambllrig devices '.was ? more than; $3,000.' rWlth out exception it was found that the ma chines *had been; plugged so ! that the | higher would- not. pay." ITALIANS ARE FLEEING •> ? FROM COAST TILLAGES Severe Snow Storms and Eruption of Strbmboli Volcano Cause , :.; ; -Great Apprehension ROME, 'April 29.— A cold .wind which arose ; suddenly today : is blowing • over the 'particularly in the 'jibrtherriV-: part, where i also a : . severe, showstorn' ", is \in progress. >In the 'Alps and' -in^tlie 7 provinces I ot ; Belluno and \u25a0Bergamo,'^ the 'snowfall ; has'reached'b«v eral \u25a0 ihches/t fAt ;MeBslna .there \ is_ great apprehehsion^ over .-the = eruption of the Strornbolilvolcano. • : , r.>' Panic/ still * prevails , at Calabria - and 'many persons -are 'fleeing from the .vil lages along the coast. POSTMASTERS APPOINTED k -W ASHINGTON, ; April 2 9.— Cal if o r nia postmasters^ were* appointed today ;as follows: >; Descanso,4 San ";• Diego ; county, .ThbmasMw.': JVright,* vice'. W: E.f Ellis, resigned ; ; Hawklnsville,^ Siskiyou coun tyy:'Annie] O'Donnell, I vice' D. J. O'Leary, resigned ; ILa {. Mesa,? San . Diego -county, Robert Lee\ Verlaque, ?. vice ; S. ; G. Pen rioyer;/. resigned;" Somes ' Bar. Siskiyou 'county,'; Samuel R. Frame, vice J. L. Fehely, resigned. 1 . --;..- RECEIVERS OF REBATES MUST PAY THEIR FINES Circuit Court of Appeals Affirms- Decision: of ' "Lower Tribunal \u25a0 PACKERS LOSE CASE Armour, Swift, Morris and Cudahy Guilty of Vio lation of Law ' ST. PAUL, April 29.— Judge Sanborn filed ; today ' the opinion -ot the United States "circuit, court of 'appeals,- which he had writen, afflrmlrig the judgments of the United States district court for the western district of Missouri against certain packing companies for; having accepted, concessions, of 12 cents per 100 : pounds from , the, established rate for the transportation of provisions on through ..bills of: lading from Kansas City, to Christianla' and other points •' in foreign countries. Judge Hook and Judge Adams concurred In the opinion. .The .defendants are the- Armour packing company,; Swli«. '&. Co, .Morris &, Co., and the Cudahy packing com pany/ . ,x, x .: . \u25a0 " These ' cases were the first of the so called ' rebate cases-, brought by the United 7 ' States » .against 'the packers which;,were -determined' by the appel late court and" this will form the -basis foHfuture. action until theVsupreme court reviews;the decision. ;' ; . The : lower court had imposed a pen alty; of $15,000; on each of the indicted firms \u25a0 and these . fines , are affirmed. HONOLULU WOULD LIKE MUNICIPAL GOVERNMENT Legislature Passes' Bill to Grant Her Wish, but Governor Will Probably Object HONOLULU, April 2J.— The legisla ture ; has passed i a 'bill .creating -a municipality, out of, the present county of Oahu and city of Honolulu. If the bill becomes a law thi3 will be the first/ municipality ever created "* In the Hawaiian: islands. Up to two years ago there, never was but one govern ment In the islands at a time,, which was the central government located In Honolulu., -There were no counties,' no cities, i towns _or villages. Two years ago counties were established. ; It Is not believed, however, that Gov ernor "^Carter will sign' £he measure. He ;V has ,r, r constantly . opposed change from the old centralized form. \ 19 Be on v your .guard against V^ jt% substitutton.-Ther.^nm, J^XtrflCt 5 03. B S \u25a0 so-eallsd "witoh-haier* soaps. — W^- M i arttfidaliy colored green, of- \u25a0 . • . I feredaa "Just as good."* For tf?e 'Bath \u25a0yNJ^^i/'V ' C. A. bath with Pond's Extract Soap VY/Tvi^SvVN leaves you refreshed and inspired; ' I Y^j^ \ •,' /. clean In every pore— every nerve ting- ~ za':?\ 1\ >gsl ®* Pond's Extract Soap Is' a' cleanser 4 \ XlW'yffV as gentle as it is effectual. Soap per- " V pc£ r^^\ \\ - ' ection ' P^ P° n d's Extract— the great- ' JL / (tJ^ l\ est soothing, healing agent known. ft i 1i 1^ 1 * / • The two combine x to form a new sub- rJI ii^^ ===^r^ stance that is a blessing to tender, \u25a0"T I jTrTv^r— ~*J irritated skir 51 . G. For Rashes, Humors, Pimples, ' qponfs Extract soap is gaar- . Blackheads," Scratches and Stings; for :«ntoad under Puyo Foods and Sunburn, Chafing; for Rough, Red ' Drugs Act.June so. i906-as: ' Hands ; for Itching Scalps— Nothing is p» « its cream-whita ccbr and grateful as Pond's' Extract/ Indicates. The nama appears -.?.-->•\u25a0 .-_*? \u25a0 ' ; en cak 0 and container. Ask ' Soap— Nature's greatest aid In building : L : 'your druggist. a Clear, Wholesome Skin, and preserv- |] ing the Beauty of Health. |H | ARMOUR & COMPANY 1 Maker* of Fine Toilet Soaps. Sole Llcemees from Pond'i Extract Co. M 7" PER CENT. 7 PER CENT. ,7 PER CENT. \u25a0 ---'"*-'.* ...-•\u25a0\u25a0 . Ctff-/g<{'»»(>i>n ZOOIOOO JAQ'-rj /^fa/- w/(;» SO** n~cAe. WjjTj II wf ~ liWl iimlHIJ Hit \u25a0Hjll*mjl *lM|lW|P'l|Jj!||j[B \ *"* -C?</^ /ftjf rj.-' r>«'io/ t j«t/.wj<»<. ~*or *s<7*r fPs^es&cm^ . //Z* /ir*af/Tr*stt m of o/r/Y/f_ rrr'o*r*y trr &^j^s ; &"• O</R ' OrrSK — ~ ffr,J T*r~i,*r of ~S *,*. **9*m of- \u25a0*. ,_ W : *r/ \ /Sr* fo//***s*r& :- \u25a0SJrtrrmx <»/ /3*r' \. , 7 PER: CENT. 7 PER CENT. 7 PER XJENT. (l?lM Golden date Coffee i W^^fe^ • i^ tßre^^ st " Invigforatingr ' A/ HfSMG^Ai^,^ At Dinner "Satisfying ;; I ' :\u25a0;\u25a0:\u25a0; .. ... \u25a0 \u25a0 San Francisco ";-:'\u25a0 \u25a0;- . ' INLAND WATERWAYS WILL BE IMPROVED Commissioners Show Dis position to Work on Broad Lines ORGANIZE FOR TASK Plan General Inquiry Into Betterment of Rivers and Harbors "WASHINGTON. April 29. — The in land waterways commission recently appointed by the president, to make a general 'lnvestigation into the question of improvement of rivers and harbors, the .utilization of streams for irriga tion and the improvement of swamp lands, etc., held its first meeting to-: day. All the members were present, and the organization was completed by. the election* of iSenatdT' Newlands of Nevada as vice ehalrmarv and Dr. W. J. McGee, a scientist residing In Wash ington, as secretary. In' addition to Barton, Newlands and llcGee. the com mission is composed of Senator Warner, of Missouri, former Representative Bankhead of Alabama, General Mac kenzie of the army, F. H. Newarr of the reclamation service; Glfford Pin chot, chief forester, and Herbert Smith, commissioner ''of corporations. The commission Immediately began consideration of the important matters before "it with a view to laying out a plan for the future work. -It is ex pected that the. commission* will be in session in this city for about a week. The commission decided --to. mako visits of /Inspection to the Mississippi river and the great lakes. The discus sion showed a tendency on the part" of the commission to consider the subjects involved along the broadest lines, and in pursuance of this plan there will be a general Inquiry into the subject of the Improvement of rivers; and harbors, the purity of -water and all other"gen erar subjects connected with'the inland water system of the country.— DIBS SUDDENLY I.V CHICAGO CHICAGO, April 29.— Dr. Henry G. Wood of Utica. N. V.. died suddenly at the Auditorium Annex hotel 'today. Dr. P. C. Palmer, who was traveling with Dr. Wood, said that the latter's death was due to pulmonary 'heart v disease. Wood was on his way to Utlca. from his winter home at Pasadena. Cal. He Was one of the wealthiest citizens of his home city.