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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, May 10, 1907, Image 5

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Attorneys for Haywood
Question the Talesnr^n
Refer to Letters of Roosevelt and the
Speeches on Labor Made by Taft
Contlnned Prom Pa^re 1, Column 4
te had read them for a time, until he
"pot tired of them, and since then had
;.ni<J no attention to them.
. The day closed with an adjournment
iiiitil Monday afternoon to give -time
1«> summon a special venire, the panel
having: become exhausted.
: ••' The lack of excitement In Boise over
the trjal was manifested clearly by the
nttejidarrce in court this morning. The
<Joors of 4 the courtroom were not
cip*>n^<l until a few minutes before 10
o'clock, and then there were only a
dozen men waiting to get in, and some
of them were talesmen. As the ses
sion progressed the room filled up, but
there was never a crowd. It is a big,
\u25a0 rectangular room, about 45 feet wide
and 50 feet long, with bare plastered
."\u25a0walls devoid of attempt at decoration,
apd furnished with hard wooden
benches like the pews of- old fashioned
.country churches.
•.'• Across the center of the eastern end
\u25a0the bench of the jud^e runs, with the
clerk at his left, and the jury directly
In front of him. The jury box Is sim-
Iply a double row of big oak arm chairs,
carefully bolted down to prevent un
sefemly tipping back by bored Jurors.
\u25a0An iron rail runs in front of each row
of chairs, a resting place for tired feet,
and beside each chair there stands a
thoughtful recognition of the prevail
ing-, tobacco habit of the men of Idaho
.}n the shape of a substantial blue and
white spit box. Immediately in front
"of the jury box there are fr^*es to
accommodate the attorneys for the
prosecution and defense, with the
stenographers placed between them,
and' the witness chair back of the
stenographer's. A flock of newspaper
.men from outside of Boise have been
assigned to seats along the rail and
Just inside the bar.
One striking- difference from a New
"York courtroom during a sensational
.murder trial was the absence today
of a sympathy squad. The women of
this state apparently lack the -morbid
curiosity possessed bj' their sisters in
Xew \u25a0 York or else they have opinions
of such character regarding Haywood,
Moycr and Petlibone that they do not
care to go to court even to see the
defendants. Whatever the cause, the
pity patrol was absent.
Except for his counsel the only
. friends of Haywood who were present
were his wffe and two daughters. Mrs.
3 fay wood, who has lived a pathetically
disturbed existence sincef the birth of
her youngest daughter nine years ago,
was brougrht into the court room in a
wheel chair, accompanied by the nurse
who is always with her. Her eldest
daughter, ag:ed 16, »sat beside her
"jhroug"hout the morning session, with
the little girl sitting most of the time
in the lap of the nurse. They
<>!ose -attention to the proceedings and
scorned even more Interested in the at
titude of the prospective jurors than
Uaywood himself. Mrs. Haywood and
!kt daughters were not present at the
afternoon session.
The selection of juries in Idaho fol
lows the California procedure. As soon
hp court was opened Judge Wood heard .
« scuses from the men who did not want
to serve and let four of them go. They
were the only talesmen who made the
request, and each gave as his reason
the prospect of serious damage to his
'liusiness Interests or a question of
health relative to himself or to that
of some member of his family. Then
the clerk read the names "of twelve
men and they took their seats in 'the
box. Attorney Hawley for the prose
cution then began the examination. But
\u25a0when he had finished "with the first
talesman instead of the defense having
iits turn at the examination Hawley
went on with the next talesman. In
this fashion the prosecution examined
the twelve men. Occasionally the de
fense resisted a challenge, and then It
had opportunity to make further ex
amination of the talesman, but It did
not begin examination on Its account
until, the attorneys for. the state had
found the twelve men satisfactory to
the prosecution. Each side Is entitled
to ': ten - peremptory challenges. But
tiiese "will not be exercised until both
sides' have "passed for cause." .
It was a hard headed, self possessed
.looking set of men who .responded to
. t!i*> call of " the \u25a0 clerk. , Most of them
were dressed in such a fashion that an ;
(eastern man unacquainted with this !
country and seeing them for the first i
tiia<v would have put all of them down ;
as-bciri;? ranchmen and farmers. The .
.broad brimmed, soft felt hat that: ln-'
variably Is associated with \u25a0 cowboy
"j.ictures formed a part-of.the attire of
nearly all of the talesmen, and three
or four wore the turned up overalls :
seen usually on men accustomed -to :
much time in the saddle.. Nearly all
were in middle life or beyond, bronzed
by exposure to the brilliant Idaho sun,
rough looking, perhaps, but self-reliant
and sturdy. It soon appeared, how
ever, that most of the first twelve were
busy men; several were Boise grocers.
It' developed at once that the reluctance
10 serve on th* Haywood jury, of which
there has been much talk here, did not
jn fact exist- J These men regarded It
as serious business, one which they
' <v,;re bound to undertake at the call of
the court, and with perhaps a single
fxception they responded to the exam
\u25a0 ination in'a manner which showed them
to be honestly desirous of revealing to
the court tlieir real feelings.
It was disclosed promptly by the line
•"of Attorney Hawley's questions that
..the state was far from an intention to
"rely in-the main on the confession of
•Harry Orchard. The questions as to
the talesmen's opinions on capital'pun
•"ishment. knowledge of the case , ob
" tamed from reading newspapers, or
talking with. others, bias or prejudice
".for. or against the defendant, and that
port of thins were: gone over, and then
Hawley went into the field of circum
stantial evidence. He interrogated
each talesman closely as to whether the
.faof that the proof offered by the state
•-might l>e circumstantial would" have
any effect ion' the talesman's verdict.
Then. too. /lift wanted to know whether
the circumstances under > which Moyer,
.Haywood and Pettibone were .brought
to Idaho from Colorado would have any
.jpfToct on the juror in forming his ulti
. mate opinion.
•" The indictment charges that t tlie three
accused men were actually in Caldwell
•at the time of the murder, although: it
••is sj.fll somewhat debatable whether
'they were really there.. Their connec
tion with the case in this regard must,
1 heref ore. except . for Orchard's story,
•he shown by circumstantial evidence.^
" The first man examined was A. I*.
lowing, a, tall, * gray } bearded war vet
c in with the bronze button of the
Orand Army of the Republic In his coat
lapel. He affirmed that he, had served
recently, as a juror in a, murder: trial,
when the defendant was acquitted, but
, that fact did*not seem to Influence the
ta'esmen. Ewing said that he had . read
and talked a good deal about the 'case,
but he declared that he had. formed no
opinion about It, "although that sounds
like a wooden man," : Ewing; added.;
Attorney Hawley - questioned f Ewing
closely about the newspapers t that -he
had read, as he did all the others. But
Ewing had seen only the Boise: papers
and knew nothing of the socialist cam
paign. It was James L. Ayres," a
farmer from the lefwerend'of the coun
ty, who told about the socialist news
prpers that had been sent to him. 'He
had come to Idaho from Tennessee in
ISBI, he said, and had lived on his pres
ent farm ever since. '. Hawley's exam
ination as to these papers brought out
the first opposition from ' the defense.
When Ayres was asked how. long the
free distribution of these papers had
gone on, Attorney. Clarence Darrow, of
counsel for the defense, objected on the
ground that the question was too broad,
and contended that the state could go
into the question only as it related to
that particular Juror.
Judge Wood had been paying hawk
like attention to every word, and the
moment Darrow had stated his objec
tion he was ready with his ruling.
"The court is dlsposed-to give; con
siderable latitude to both sides in" the
examination of Jurors." ! said Judge
Wood. "The objection is overruled." *
Despite the fact that Ayres said that
he had formed an opinion^ as to the
guilt or innocence of Haywood, and also
that he had quit reading -the socialist
papers as he had become tired of them.
Attorney Richardson, for the defense,
resisted the challenge for, cause which
was made by the prosecution.' Ayres
said that he guessed that he could give
Haywood the same kind of a trial that
he, Ayres, would like to have if the
situation were reversed. The chal
lenge, however, was allowed.
It was the fact that they had formed
opinions which bowled out most of the
rejected men. Only one, an extraordi
nary individual, with a bald head and
an amazing mustache nearly a foot
wide "from" tip to tip, got off for an
other reason, and that was that he had
objections to capital punishment. When
the morning session was ended two
men had passed the siege of the
The afternoon session went much
more satisfactorily. It took only a few
minutes to satisfy the prosecution as,
to the remaining ten. United States
Senator Borah, of counsel for" the de
fense, did some of the examining at the
afternoon session, and, although : he
went over the same ground covered by
Attorney Hawley, he concluded much
more rapidly. And he found talesmen
who had not formed opinions and were
prepared to syve. At 3:30 o'clock At
torney Richardson ' .took a ; hand .in
examining for the defense. He showed
at once that any man who had ever
had anything, to do , with labor troubles
with the opposite. side could not sit on
the jury so long , as the defense had a
peremptory challenge left.
In the hour and half consumed before
the panel was exhausted Richardson
had put half a dozen men through the
mill, and each one had been accepted
on the same line of questions. He
asked the talesmen whether they knew
of the Coeur d'Alene troubles of 1892
and 1899; whether they had any bias
for or prejudice against labor organi
zations in general, and especially the
western federation, of miners; whether,
they belonged to or had anything '\u25a0 to
do with the Citizens* Alliance or simi
lar organizations, or whether they had
been connected with_ any detective bu
reau or had performed any detective
work 'or had been connected with any
sheriff's or the office of . any public
prosecutor. Then Richardson asked if
they had been connected with any
mine owners' association.
The speeches of Secretary Taft In
Pocatello and Boise last year came in
for consideration, and Richardson asked
each talesman whether he had heard it
or read* It, and if so- what* he remejn
bered of it, and whether the utterances
of Secretary' Taft on either occasion
had any weight with him,. and whether
would it influence' his verdict If he were
selected for the Jury. Both of those
speeches Were law and order talks that
have come in for much criticism from
labor organizations -since. Richardson
also wanted to know whether the tales
men had made* any contributions other
than taxes for antilabor purposes. In
the same way he' took up the message
of Governor Goodingto- the last legis
lature in which Goodlng detailed what
he. had done' toward prosecuting' the
alleged murderers o^ Steunenberg.
Richardson then questioned the tales
men as to why the legislature had made
an appropriation for carrying -on the
prosecution. In all of these cases he
wanted to know \u25a0whether the talesmen
would be affected by the 'question - of
authority in forming his verdict. The
president's "undesirable citizen" letter,
was the subject of further questions
along the same line," and as in the case
o£ ( the Taft speeches every '+ talesmen
swore that 1 he would . not be In any
manner affected by what the president
had - said. \u25a0' V'
. 'If what these talesmen said , can be
taken "as : a criterion there' has; never
been any real occasion, for the' denun
ciation that the .president's letter called
forth from the eastern friends of Moyer^
Haywood land Pettibone. '•'/..Three talest
men. said > emphatically " that they
lieved that itvwas not the; president's
business to concern himself iwitlv this
trial, and every one, who so expressed
himself declared that he was a repub
lican. Richardson went 'lnto .the mat
ter of relations between j the' talesmen
and the \ attorneys .for the - prosecution,'
the social ' relations or their: families,
their". i own membership ln ;: lodges \u25a0/ and
that' sort of thing. Two -talesmen said
that ! they were Odd Fellows, and ;. Ric
hardson asked them whether they had
heard about the resolutions^ passed by
the" Odd Fellows at Meridian," denounc
ing'the murder ; of Governor: Steunen
berg and demanding, the prosecutlonof
the assassins.' ; He : carried this matter
of fiossible association with : the prose
cution even to "the? question; of -church
membership,, and 'when : one
said that he was ; a Baptist , Richardson
provokeda gust of laughter; by; asking
whether^ any of -the .prosecuting/attor
neys we're :\: \ his brothers in the church/
large: VEXinE; for . Monday
day closed with ,11-; men in\, the
box. three 'of whom \- had been« passed
for cause by both' the" prosecutlon^and
the defense. The other eight 'men had
not \u25a0 been examined; by; the ' def ense.ibu t
nevertheless;; they 'were "sall^dismissed
together/ in ! the; care ".'of', bailiff s~' until
the 'reassembling; of '. court i on "Monday,
afternoon, when ,' a.a '. new v venire of 100
men Is . to lbe"; present.'. 1 But even in \ the
case of the three nien' passed? there', is
no- certainty:: that; they, will'-'betSworn
In jas junors, for .they still '\u25a0, have to
pass ; the of peremptory chal
lenges. \u0084 ,
\u25a0\u25a0i '-''As [a whole the' events of the : day
emphasized tiie fact: that this ; is fa, trial
of strength between \u25a0 organized ' labpr
Thalmann Reports
on Finances of
the Company
Gross Earnings^ in
* 1906 Amounted %,
Ernest Thalmann, -president i. of -*the_
United , Railways investment "company
of New * Jersey, which ; owns j the VUnlte'l
Railroads - of : Sari * Francisco and ", the
Philadelphia company," has. submitted' an
annual \ reportl to the stock holders Tot
the • investment ; company . for I the vyear
ending December; 3l, 1906. '! ?"\u25a0: Coupled
with : the ; report : is : a - tabulated,;; com
bined Income- account,-;- f rom"; which \; it
appears 1 that:; the jUnited^ Railroads -of
San Francisco had net -income amount
ing to $1i312,623.80.^ ; V. i ; r \u25a0 :,: >* ;r:
The gross income of the United Rail
roads *of ' San '; Francisco -was^; $5,955,
786.32. -.-. The : operating expenses '\u25a0• % and
taxes were; $3,114,590.99. The net > earn
ings on the business were $2,841,196.23
and there was 'other income- X that
swelled this' amount to $2,930,557.07.
The income applicable Vtoiflxed -charges
was $2,893,326.94.^ , The : fixed
were ; $1,680,702.14, which ; left 'the > net
income r at. $1,312,622.80,^ and i from ; this
is ' deducted 'improvements,; betterments,*
etc., leavingithe final net income $877,
145.98. v " : : 'y '- \u25a0: ".; ]\u25a0\u25a0\u25a0: :'; ':.:;\. [\u25a0:/::'.:: -
The. surplus for, the : year.; : applicable
to the payment of * dividends on com
mon stock was therefore $877,145.98,
but President Thalmann reports that
no cash dividends *;were paid - by • .the
United Railroads of San Francisco dur
ing the year 1906. ; This is : explained
by the statement that Vail -Its- receipts
over and above' fixed ; charges and all
the surplus earnings of the Philadel
phia company,: above the dividends
paid by it, have been retained by thg
respective companies for their respec*
tive corporate purposes." •.- \u25a0*
% An interesting paragraph in Presi-"
dent Thalmann's \u25a0 report . relates to \u25a0 the
prospects of * the United .Railways in-,
vestment company, 7 which Is as follows:
When it Is considered that in the course of, the
year 1906 the earnings of the . United Railroads
of San ' Francl»co hare •• been - subjected to \u25a0 . the
earthquake, the resulting ; conflagration i and all
its congequenees, the strike of; !ts employes and
the consequent general demoralization, they offer
a , most encouraging promise I for, the j future j and
Justify the hope that at no distant day payments
of <;ash dividends may : be resumed. -^; .'
Some general information concerning
the finances 'of the United Railroads 'of
San Francisco is contained in the fol
lowing paragraphs:
Both the gross • and I the net earnings of the
United Railroads of San Francisco had shown ex
cellent results up to the 18th <day of April 1806.
On that, date the earthquake occurred, which-re
sulted In a disastrous 'fire and involved, the com
pany la great loss which included, the destruction
of the cable power, houses and severe injury \u25a0 to
the cable conduits. V' , r.:.,--
That company reports that it has now installed
the overhead trolley system on ; practically all,
the important roads \u25a0 formerly operated by cable,
and \u25a0 that i over 91 per cent of '\u25a0 the : mileage : of.
the company Is now in operation,' and that they
expect to place the balance of 9 - per - cent : in
operation as rapidly as the • city ; completes cer
tain necessary street improvements. ; :
The balance sheets of the sUnited | Railroads of
San j Francisco furnished -to : this company show
that, between December; 3l. 1905 and March 1,
1907, there had been expended in the . restoration
and - reconstrnction :of \u25a0 its • lines and I plant,"^ In-,
eluding improvements and \u25a0 betterments .. and the,
physical loss ' resulting from, the earthquake - and
fire, a total of over, $4,000,000/ ~^ ;: -. - f
' The reports . received from the officials of the
United , . Railroads of • San Francisco ' state j . that
all expenditure for betterments f and i improve
ments made . to March : 1 .'\u25a0 1907, bad been financed
by the 'company .land that its current liabilities.
as evidenced by its balance sheet dated February
28. 1907, did not. on that date exceed the amount
usually carried by that company. ;",\u25a0'.* \u25a0. V-. i :...
- The ,\u25a0 existing in. .; San . Francisco,
created by, and consequent upon the earthquake
and the fire, also led to a strike on the linos of
the railroad company, involving practically* all
its employes, which 'lasted -from August* 26, to
September 5, ,- 1906. \u25a0 Although t- the .- strike - ter
minated in a resumption of work 'on, the \u25a0 part: of
the company's employes, .under an*. agreement to
refer to arbitration the matters lv dispute; which
were the terms of adjustment ; originally offered
by the railroad company,' It yet occasioned,": both
directly ' and . indirectly, considerable v financial
loss to that cotnpaDy. '• - • - : -\u25a0:-.'.
- The • decision of ,- the arbitrators ; established , a
rate of wage* for ; a period = terminating T May - 1;
1907. • Negotiations are pending between ; the em
ploy es and the officers of the railroad \u25a0 company
to extend tbe adjustment , beyond ' th at • date, ; and
It is hoped that an arrangement, fair and just to
both : the employes ". and tbe ;. company,', will ;. be
amicably reached. - - -. '*: • , '• t
'.-a In connection with plans intended to • provide
the -United Railroads of : San Francisco : with
moneys to be required by ..' it In - the future for
construction v. and •; improvements, ~, -•\u25a0 authority -has
been given by the directors of your company to
vote the ' stock holdings , of this company/ In the
United Railroads of San Francisco in favor ; of : a
proposal to increase the capital -stock^ of .'that
company by the creation of an issue of $5,000,000
of first preferred stock, - : the : same •- to bear ., in
terest \u25a0 at . the rate =of '\u25a0 not : less ", than 6 ', per \u25a0 cent
per annum, and to be cumulative./ Of x this issue
of first preferred stock ;- $1,500,000 is presently
Jssuable, t and ' your directors have authorlied a
subscription thereto by. : your , company, at par,
for,: cash. ;\u25a0. : . .- . \u25a0' v.-..] \'.-\ i- C r ,':\u25a0\u25a0 r'-":.r '-":.
> The dividends 'Oii $20,000,000 Vpre^
f erred stock' \ of the United " Railroads
of ; San Francisco > are i] reported^ to * be
in arrears from' Marc- 31;' 1906. "/There
are outstanding ;f- dividend -^certificates
of the Railroads^ of \u25a0 San Fran
cisco amounting, to $550,000. r
and the state :of .Mflario. V The ; labor
union friends ; of ; Moyer,'; Haywood \ and;
Petti bone all j over '.'.the-,' 1 , country. -i have
voluntarily ! assumed ; that ; position; and
the defense itself showed that, that
was the '' view At rtbokjoffthej matters
Bichardson'.broughtlit to ;the\fore;re-
peate"dly> in f his ..examination •, of i tales£,
men by ? demanding, to l : know
the j fact | that Haywood Lwas a, social Ist
would is' in:; any. manner * Influence"*^ them
in ;theirA verdict. '"r Every/. man; declared
vigorously '-that ." it' .would -; not.^-They
said, \too,^ that ;.the fact,; that f Haywood
was a : prominent 'official -of ' thej miners'
federation would ,not F influence fthem.'-V;^
L Haywood ; -.watched C'the I .i proceed ings'
today .with \u25a0" more % composure j.than*; he
displayed. in ;the brief session of ; yester.-i
'day. J "But; it was onlyjatUntervals|that
he '"\u25a0. could* bring" himself ;*to * face ; -the
talesmen 'squarely.^- Most of the time he
sat J with* hlsl face averted. H^His^ eyes
rolled ; furtively* to^ one* side (to observe
the ; men; in'; the) Jury ;boxrjgAtJflrsti the
men who declared that they- had if ormed
opinions \ interested I him' to the ! point - of
gazing directly at .thiem;';: Then; the corf
ners of [ his r mouth {drooped and ' a'queer?
hard ; expression 1 ' came"; over^hiS; faceYas
lf^hetundersto^ only,' too, well that ;the
•person was | against him. ; >' ".'\u25a0 . ;-' \u25a0\u25a0\u25a0'.] • :
-.The .last of Hhe? men : to; thus?, express
himself was Captain ; Yates, presideritfof,
theßankl of of Bolse^anfold
Maine 'ship} master.iWho; spent j3Oj 3o? years
at sea' inisaUlng^vessejs before ;he\;came
to^ Idaho '10 yearsjagro. v Captain VYates
had . beenV passed --by ; the? prosecution";
but iwhen| Richardson- got Rafter i him (to
define ; the] opinion ] he '.had = formed ; ltibe^"
son I finally ! ; asked i; him , whether?! if,* the
situation |,were| reyersedjl" helwould X be
winingrjto»have;Haywood' on 7 ihlsFjury.
: "I wouldn't have him on -the Jury ,"i re
plied the^ sea captain* with ! em
.phasis aiidtthat settled •; the'? matter.' \u25a0
.; Before ; begirining|theyexaminationTof
talesmehtHawley^ surprised tthejdefeinse
a' litile'i by,, submitting; 1 a ; llstVof llßOlwit
nesses who niay or. may notf be called:
He did so, he said, : in view of a" decision
of cthe: supreme ; ; court 'of ; ; the Estate,
the : : Indictment.',; He S added > that pother,
names • might be T submitted '-:' in ''\u25a0' a "•; few
days..;//' : -' -• : .-'- ' -\u25a0' \---. : - [ . r y ' . \u25a0 ; -
i_ Rain or. shine, the ;picn!c ; of the Vet
eraniFiremeniwlllibeiheld'atfEl Campo
Sunday, May 12,*1907. s r| Boat 1 leaves' Clay"
st; whajrf at 9:30, 11:30 a. 3 m: and Ip. m. •
Governor Gillett
Will Hasten
Intends to' Keep in
LOS -" A NGELES, May - -' 9.— Gov er nor
Gillett,' has -canceled -i all , engagements,
including his 1 visit to San \u25a0•• Diego, and
will return to". Sacramento tomorrow
evenin g in order ; to ; be .in close \u25a0\u25a0 touch
with, the strike; situation: in;^^San '-Fran-
The; Seventh^ regiment . is >_still» under
'.'assemble" -orders jahd -the "12 _>" compa
nies' are ready : to move on" San j Fran
cisco at an hour's notice.
?•• "I ? anu still;; optimistic? in « regard 'to
thefcaning -out of 'state'- troops so far
as « the * 6an v ; ; Francisco Ts trlke \is \u25a0 \u25a0\u25a0; con -
cerned," i the f govefriorJsald Itoday.^ ''My
advices" from .the" north- continue; tot in
dicate; aV peaceful ; end: to i the? cbntro-;
versy ; nowjj in * prolpress there ?. between
the- United^ Railroads . andj its , operating
employe's* ' ' Of .'course,'; no '^bne \ eatiS fore
see rthe / end/; but . I . have : notv lost £con
fldenceiln the ability [of ithe (union ; in
volved^ to^preyent 9 anything % more se
rloußHhan;has already/bccurred^c :".
"I have received , no word 1 from Mayor.
Schmitz, and expect, none -from. ?him\in
regard* to] the present; trouble/A Neither
is \u25a0 itV true * that I ' am- in communication
with" General :^Fredetick^Funstonvf of
the ; regu lar army," as : has been . pub -
lished. : My, advices; from' the scene are
from Adjutant General- J. j ß. Lauck * and
he will continu e ; to : keep : me \u25a0 posted. ; *
; "If am ; glad to see [that the";- police
.force \u25a0of San s FranciscoT has ; the ; situa- 1
tion in hand. This means that, so long
I as the i city's officers ~ keep their 'hands
I upon^the "throttle ; state :tro6ps 'wilUnot
b.el necessary. I hope - that this view
will be' borne: out."'
." PORTER VILLE, May- 9.— Company. E,
Sixth regimenti. isin; readiness to start
for San Francisco ;at short notice." All
officers and 'enlisted :'men ; ' have been
notified ,, to;. hold '; themselves ''{ in '. readi
ness, and 'the equipment, is being -.rap
idly; got into shape j at : the armory. -
. [ SAN j DI EGO, \ M ay ; 9.r-Fri ends of . Don
M.'i Stewart,';: lieutenant' cbmmandirig;the
third division of naval militia,; fear that
he has .got himself into trouble ,by
leaving the state Jin command,: of -the'
guards \u25a0on the > British steamship Maori
King. ( He asked . for"; leave* of absence,
but it is understood it .was not granted.;
Now the division is - ordered % under,
arms and "he is not here*, to' command
it. .A) number of men 'i of : the ; di
vision also ; went on the | steamship as
guards ;; over the • riotous •\u25a0 Russian I and
Chinese steerage passengers. % *
Urged by Labor. Council; Not
to Walk [ but Vat the '
> , Present Time . '
; % The linemen in the""employ of .thef-Pa
cific^ itelephone^company)i^votedvlast
eveningto defer [action ;on;the| question
of a sympathetic strike juntil next Sun
day. :. The • linemen" had 'expressed ; their
desire" to strike 'in f sympathy- with ithe
telephone girls, ; '.but - representatiyes
"from the , labor. 1 council purged ithe '\u0084 men
to - postpone ' such - action \ In \ the '• belief
that the . strike s.of 'the "operators 'could
be .wpn % without \such *\u25a0 extreme*meas
ures • at " this .;. timeJ ./Although \ the 1 line
men' did' not'vote* to strike*,;they.^never
theless, ', showed^thelr] sympathy -with
the operators by/yotlngM to set aside the
sum ,pf -;?l,000 to .aid" the; cause i of -the
' sirlsJ^-'fA'^ collection Tt made.-} during *}. the
meeting netted $150 ;more^ for the cause.
\u0084; ,The . efforts . made^ by J the fconcillatioi
committee 'to: bring 'the^tele
phone girls \u25a0 and* the Vcompany itogethei
were r 'l not % successful. \u25a0" The .- girls ; ar<
stri king;; primarily*; for/ the 'recognitloi
of i their (union' and f this ; recognition \u25a0 thi
telephone i company.* ' refuses * .to v grant.: ; -
;';."At ;, b. 1 meeting ,^ of ';. the \ executive 'com
mittee lof ; the ; telephone 'company -yes
terday ;:-' the •" .following '\u25a0', resolution "(Wai
adopted:';." /, ; :-.">'L"--/- 1 ?--""'\u25a0' ' : y'-f?,}'i' : .'- \u25a0\u25a0'^:^-
\u25a0..-•' Resolved, that ; this company, declines : to rec>>g
n!«e ;or "in'.any-ttnanncr /.dear with v the." unl m
formed ; among s the j telephone \u25a0 operators ' formerly
\u25a0in , its employ, < and' the officials of I this company
are '\u25a0 hereby : instructed r to f (jorern -; tbemselTes ac
cordingly, • andf the t president .' is ,i hereby* author
lzed I to ; address g the • following ; communication Cto
hi* honor the 1 \u25a0 mayor: i \u25a0\u25a0'•\u25a0.;• .; ••.%'\u25a0'- '.,-: •;.. ..; \u2666 'cS<' ; Z-:_:?
i "Yoxxr -letter to me ' of ' the 6th inst.' was 'con
sidered by ; ,the \u25a0 executive committee of this.com
pany >at - a meeting ;. held - r today." , It : wes \u25a0 unani
mously * decided "- not < to . hare '• any " dealings \u25a0\u25a0 with
the ; union iof "< the - : telephone " operators,- and « th«
company^ must « therefore ; decline":; to < meet \u25a0 any
committee; representing? that 'union.. - : y.. , .
'V- .'.'The • company ; has been ? and - always will >• b«
glad -to .Hsten^tO: and *• consider .• any : complaint
made ' by : its I employes.^, t At" the Mine meeting ; it
was . decided," through • you, $to i advise '\u25a0\u25a0 the • opera
tors, who .have left our employ^that the. fact that
they.? have ? seen \u25a0> fit •' to i Join ? in i a ; strike will , not
be > rised ": against \ themi. in \u25a0• case \they,; desire i. to
again, seek employment * with 1 us.' \u25a0 We .willtglve
any] operators , employment as ( quickly ias Tac«a
cies' occur. ".;..";;.;'; ,?.".-' ' : • ; ' : ' ',' ''>\u25a0»•\u25a0 \u25a0'
X v^The telephone \u25a0 ; strike . situation
showed ; little change ; today," r said O.*. P.
Robinson^ general I ; superintendent of ; the
Pacific telephone * andi§ telegrraph J com
pany, last i ni ght^ "The^ompany^ had
more people'] at^work ; than: on any} day
since V. the ,t. Walkout/. and^,the : situation
was:- satisfactory. ';\u25a0?•• Six i girls .who .had
been arnongithe; strikers went to iwork
on 'v the; boards." : '\u25a0'{'\u25a0 £J:~':* y^Z: :'\u25a0?"'[}, '_\u25a0>
VvThe: girls r claimed; that^ the 'galns.ilf
any,; were' on ' their^ slde^durlng : the : day.
They' i now. < have \u25a0'; available J; a', t undrv of
$J, 5 00: ';...;. Money? has % been ] sent ; to'l them
by , various .unions ; and \ by : sympathlzinar
individuals." 'At a meeting ' yesterday
morning Ithe- girls i'decided> not! to ?draw (
on the) fund fat \u25a0 the : present; time. \u25a0' :They
stated Uhat'they/^weref in a: position to
hold (out^ for ; three; or"; four, lmonthsf ; lf
necessary.".--./ "~ : :~- '\u25a0':*';' '-.-. ; \u25a0\u25a0'y".''-. ]-'.'\u25a0:.} '"r-'.' : "'.:<
'„•*.'\u25a0 Secretary ; McCabe ; of; the \ labor \ coun
cil," in' discussing. the'strike*,- said: - •
! , vinVthejendtMr.^Scott^wlll have^to
recognize* the ;, operators' 4 union! ; just^as
he • has recognized \ the ; unions ; of,: his
other, employes." ' t ' ' : . ; ; ;
* E.f; Nestor, manager of the
sion and Hermann streets/ was Jtried? be*
f ore- Police jJudgetWeller] yesterday on"
aVchafge *of Ibatterylpfef erred against
him^by £ s MissSMayj; Parker, < one ; of * the"
strikingitelephbne; girls," 1 ; who was doing,
picket'dutyiinlf rontjof ? the; branch of
flc~ehWednesday^iriornlng.i,i ,J, J . \u25a0; ; : : ;
SMlss -Parker;? testified^] that . she was
staridlnkso"nsthe^sjdewalkf.when' v itwo
nonunion ", girls; .were _ broughtrto^the
offlcein' an automobile.*?- She approached
the : girls' In* anjeff6rt*to *fd_lßauade| them 1
her^oriitlie clicst' and galled* her^ a I vile
name; .ller.testimonylwaslcorrqborated 1
MayJßoberteJ^,*::' :>•;'.' l : .-' ; J'-'.C' \u25a0 ; -'- : : '\u25a0\u25a0•..'-,-' \u25a0.'' --v-^
?£ Nestor 'denied « that ; he , had struck Miss
Parkeri?|He!said i that ) hel merelyj placed
terfering4WithUheinewjgirls4The'judge ;
reserved ; his decisiori';tlll; May 1 1." i -
'vA letter of Thomas. Jeffereon brought
$160 at auction recently.
S As pure as the mountain air |j H » ill H :
\u25a0is the; tobacco from which H ||| lif p* |
;^!j;' Gonscientiously. selected— carefully: blend- . \u25a0 | | ||'
«' ed, rolled in thin mais paper, crimped, not \u25a0\u25a0 1 § SI |j If
5 pasted—this tobacco affords -a steady, aro- £J | f , &% m
m matic, satisfying smoke from tip to mouth- S\ i ill
\u25a0 \u25a0 piece. ' : v- • S & 111
S The hundredth Imperiales leaves no more g \ » S§ f
S ? "after effect" that th% first— and the- first § 1 » 1 I
. \u25a0 b : ' \u25a0'\u25a0""\u25a0\u25a0' \u25a0 -\u25a0- : :; \u25a0 \u25a0\u25a0\u25a0 •*wfior iv cents . 2 '• \u25a0* \u25a0 \u25a0 \*s* §
\u25a0 "•': The men of the AVest smoked 100,000,000 Imperiales in 1906. • S %in <& /
v£' \' Manufacturer* San Francisco \u25a0 Jr^
Committee of Conciliation Is
Making Good Progress
Believes It Can Succeed in
Adjusting Laundry and -
v Iron Strikes
,: As i the result of a series ; of confer
ences held yesterday! by members of the
conciliation j committee 'with the war
ring I {.actions ' In '\u25a0'\u25a0_ the "various ; local in
dustrial " \u25a0 controversies, "it l > is
that r a .solution Vis \ near in' the : case of
the laundry workers and the iron wort
ers.^vThe conciliation - committee has
found -a- middle "ground 'upon . which it
believes- these strikes' can 'be speedily
settled. ,-' The ?] subcommittees "reported
yesterday, ;to!"; to ! " the ;. central conciliation
: committee :at • a meeting.'? held . at 1 the
'Labor r' temple. '\u25a0 After '\u25a0 the meeting i the
! followlngiresolution ;was given out: {
"Resolved, that it is the sense. of this
joint* cbhclliatic*i" committee .- that \u25a0> the
reports received {from the '.various- sub
committeea indicate that material prog
ress has been made In specific instances;
that; of now:; pending at
least; two, cases are thought to be . pos
sible (of : an ' early \u25a0 solution ; '. that 'of i the
otherJtwo- reports made '„ by .the : - various
subcommittees, ;; while ; not? indicating
material .progress, are ' not ; yet thought
to :be f impossible of solution." "".-." :;'-. \u25a0'\u25a0'•."
4v No announcement was made as .to the
proposed^terms" ? ;of'. settlement .in the
laundry. l workers'.- and': the, iron -workers'
strikes,'? it ' ; being , the desire]of .the"com- ;
mittee Tto: make • no -definite fannounce
ment; until positive results ; should be
achieved^ ' ; - ; ' \u25a0, : '"'; I V.: r -T*.~T.--T ...-."*! ',
"'The I ; committee had hoped during'the
day Ithat^ the ; telephone strike would be
settled;^ butiat?ithe r last "momenta its
hopes were dashed by a' statement from
the^company.S thatjjt v would launder" no
circumstances the union,' and
anS announcement' from; the :.• operators
that I'tbelr £ fight : primarily^ . was -J for
recognition 'of the union! .The commit
tee .'; offered :" several f- suggestions !in w the
nature of ; as compromise :, to " the 'United
Railroads 'i and 1, the '*. carmen, but ' ; both
sides z held ' firm i to i their \u25a0 orginal Vposl
tlons:, •. A .-,-;..- ; " '.. : . " ; - :•\u25a0-.. \u25a0'.'..''. ,- .. ::•'./.,
',' The, conciliation committee Js
posed ( of j representatives lot local' labor
organizations \ and "''clvicj.bo*dles."v"*-:-
:*|.The i suggestion " w«s \u25a0 made cby Presi
dent;.BenJamin ildei lde .Wheeler, of the .Uni
versity (of T California: that the
tion^ commltte ! Itself f into ?> a
civic '{ federation^ and affiliate with": the
national! civic ; federation. {;• Dr.- Wheeler
also ': that ; a permanent arbi
tration t committee } be formed; from ; the
federations to^ seek;' to v adjust 'such < in
dustrial as may.rarlse^ in
San ;, Francisco Lin'j the -future. "\u25a0-; ' .
-/; Thei conciliation Icommittee ? will meet
again -"; today; "after ". Its :,' subcommittees
have I made } another effort to bring fall
the'. warring^ factions together. 1 ;
".'Among i those . at yesterday's ;> meet
ihgi-.were:'':'\u25a0\u25a0; Bishop ' Nichols, i • Father
Crowley,' AViW.'iScdtt; Jr.; G. A. Tracy,
Isidor f Jacobs,%4> Andrew *\u25a0 : Gallagher,
Michael * Casey, ? ; WiUJani: McCabe; Wil-
li The imi>ortance of soda crackers |
ww as an article of daily consumption m
fflV can hardlyvlie ovSl^iffiate^ No w
jm other wheat food contains such (&
It nutritive values in correct pro- 1
W portions. This is only true of (1
1 Uneeda Biscuit |
W ideal soda cracker. As fresh w
M on your table as from the oven. m
JG l(il
'|^Bl*r:-" '-'*'\u25a0-; V" : ' r \u25a0" \u25a0• '\u25a0 '\u25a0\u25a0\u25a0\u25a0\u25a0' \u25a0\u25a0\u25a0\u25a0 '\u25a0\u25a0'-.-'• ' \u25a0 - . ••'.*-,\u25a0'- \u25a0'\u25a0 \u25a0\u25a0\u25a0 v l^SSf
UW' In moisture proof packages. w)
Police Protection Wholly
Inadequate, Says the-.
Continued from Pose 1. Column 1
1 iafled that the execution of civil or
process has been. forcibly
'resisted in' any county or city and
\u25a0I; county," by* bodies of men, or that .
combination to resist the execution
;of process - by, force in any county *
: or. city and county, or. that the civil
% officers. of /any .county or city and
'\u25a0".: county,: are unable or have 'failed
..ifor'any.. reason, to enforce' the laws, •-
\u25a0;"he may ; by proclamation declare the
"county : or city' and county, or any
portion thereof, to be in a state of
insurrection and niay order into the
service"V6f -ther'state such number
v. anil 'description : of the organized
national : guard or enrolled militia .
, : as he I deems necessary.' to serve for ,
, v .such' term :and : under the command
'of such''!officer. as_ he 'may direct.
The,;governor may, when he thinks
'\ proper,^revoke the. proclamation of
\u25a0•-•' insurrection hereby authorized, or
; I declare", that it shall cease iat the
"time-or In'the manner directed by
'/ him. "^* En. March 12, 1872. Amend
ed"lß77-8,r(31: 1880, 55; 18S5. 103;
i ;i891,'M22;a901, 581; Rep. 1905, 258.
, En.': Stats.; 1905, 289.
/^Calhoun , might have ; resorted at
once to the federal army ; If the means
: of doing, this .were : more i simple." If the
mails had been carried by the cars this
! would have " given the ground . for a di
rect. 1 call to .the \u25a0\u25a0 federal authorities .for
! military (protection.' . But since the .fire
the mail sacks have ;been carried on the ;
streetcars lonly_» at r rare and
the • contract' between the government,
and the JUnited Railroads had virtually
expired." Consequently no federal ques
tion^ is \u25a0 Involved. 1 and : the" only • way of
summoning : federal , aid .would • be
through: the .process of federal injunc
tlon{or federal .receivership.
: : : Thornwell . ; Mullally, . assistant - to
President ;Calhoun.- made tne statement
yesterday, j that;, by ;; Monday , the com
pany -would have » men " enough here >to
operate " all .-', the, cars, and ". It has been
announced : that jthe^fight.' to ; bpefate the
i system .will.be a. fight to the finish.
.-"•vThe -»new • .-steamship rPresident .-will
leave ' Brpadway.. wharf, San Francisco,
for * Seattle: direct,' Tuesday,- May, 14th,
at.ll a. m. Ticket offices, 3. Market st.
and fj Broadway. v wharf.* Freight ' office.
Broadway wharf. :: •* ;
Ham. J., French, J. K. Jones, Norton C.
Wells? •R~ * A: \ Roos, .Benjamin Ide
-Wheeler, Rev. /GeorgeyW.V White and
Andrew/Furuseth.' X
t| I had . Htc teeth extracted by M i
B yon without a -particle of pain, jjj
H and reeomxneml mj frlemli to 3
jl j-oa. — T. GallaKher. ||
H Perfect Work an Guaranteed H
§ Van Vroom I
H 1501 FHluiore, earner O'Farrell j
Contains no Opium or
.- -other harmful drug.
Cure* Colds* Croup and Whooping Coufiff '
Sayings Bank
Now Occupies its
permanent building
, 108- 110 Sutter Streets
; Above Montgomery Sl
costs five or ten times tea,
: good coffee is well worth
the. money: how about .
\u0084. Yonr erccer returns roar money if you don't
like Schilling's Best: we par him.' • •
/^^^^hk of San Joaquln C(p..
w '-'"^SS Stockton. CaU Jt'ay
\.-'fo®ssßm 2S, T 1907.-^To yCbom
**3^Sk Jt may conce.rn: I
-'jtf?fe^|M* -have been ip poor '
* health for tlhe last
fj , W&>gti&^ - - five years, arid have
: iiSJ^I been treated by
seven differeYst doc-
tors, but rt'oelv^d
! no benettt frJbm any
ot'them.TA.3 a last- resort I wenti to l>r.
Cho-w Juyan and alter treating: w4th him
I three months I feel .that.lanAperma-
: nently icured. I think' it ls?tfaonflerful
what he has : don» for inc.— JOE MUK-
RA Y,- 231' East- Sdnoma St.. Stockton.
_ SDRiCHOW JUYAX.Chinwe'tTet and
Herb Sanitarium. 7«O Clay St., S(.F.?l>r.
: ChowfJuyan ; is. -the only legrltimate '
graduate ? of : a* Chinese Medical <?ollejre
i in San Francisco. cHis credentials are
attested by Chinese EmbasaadtVr at
Washington.';: Dr. * Chow Juyan >wilu be \u25a0
: in Stockton Friday and Saturday* of,
- each week at 122 North Hunter stre»et.
Ijohnj.deane 1 ;
Special Car»_ Taken TVltl* Jcpo*ltlon«
; and « All Lejal . Docomenti.
* ' >" ort tatvea t corner, of - S utter and «
St «ln<r Streets.
Call Toifay With Your Ads for Sunday's Call
more^-H.t B. & CO., Ken'l
v agta..' Mutual Say. Bk. bldg. Te. p. 23 J 4 ,
? O^FAwiLIJBYfACO^-Carriasea. Vuai- '
&««s wagona, «ts, 19 at, - . . '

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