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2 Efforts of Union Committee to Bring About Settlement of the Car Strike Fail committee that th« strike had been,de clared wrongfully and that the officials of the local' had b<"en reprimanded by the campaign committee, which repre sents all the unions of San Francisco. An Interesting feature of the strug gle to pain concessions from Calhoun by the alliM unions If the reconcilia tion brought about between the officers of the labor council and the building trades council. \u25a0-'"There will be no settlement of the strike." Bald Tveitmoe after the meet \u25a0ijizim** over. '"At least, there will be tipne for months." " : .fn^Tiew of the seriousness of the sit afctlpnboth sides to the struggle care fully .'prepared their respective state inerjti 'yesterday. The fight. It was figr-efcd,' had re-ached a critical stage, iinid.-the labor leaders, no les* than th>' : officials of the United Railroads. Wanted: their attitude placed fairly be \u25a0^ore the' public. . VCalhoun's statement places emphasis oh the fact that the labor delegates ad mitted that the carmen were wrong in declaring the strike. The union lead f:r»'.empjiasired the fact that Calhoun [•dfeniiSded the sacrifice of the carmen's iiinio.n/As the price. of the union's mis tiikekv- - '•:;-;-v : v.;<-»i,Houar»s statemext • iFplJowing 4s the statement given out bjv Preeiaent Calhoun: :.!iast ftiday at 2 o'clock Mpwrt. P. 11. Me ' Cftrthy-i \u25a00. A. Treltxnoe. Andrew ruruseth. Michael C«»c.t, William B«>11 and W. P. McCabe r<t>d on me ac representative of the labor -organizctions Interested In the socallpd c*rm«>n > t eyiire. • I urcwded tbem the lnterriew they soujrht. and invited Mr. MnlUlly, actinK general manatrr." and E. •D. Hibbs. gcD^ral super- Jr.teodeof. to meet tbem. At thin interview they expressed .a dfeire to be folly Informed in n'trard to tbe fact» and eircumstanscs leading Op, to. the strike of the cartum last May. I fuily rxf>l«la*^l to them the efforts the failed Bail !v»<lr had made in ordor to avoid industrial •trlfetnd to. prevent its employes from striking. • :I recounted to them how. upon my return to \u25a0Atterica in- March, I had received information tbafa strike of the carmen would be inaugurated ahout the Jst of May; bow I had jjon? to I>e trolt •• to . confer with-W. D. Mabon. president «f the ..amalgamated association of street railway erhfcloyea. in an effort to avoid a strike: how the tnited Railroads bad offered to contract with the f.irmen'a tinlon for another year at the high rate 'of wajres fixed by the arbitration board of Vhich Mr. Chief Justice Beatty wan chairman; tubw'er the. meeting which took place at the jcaypr'a office between the carmen'B committee oa'ilje one «lde and Charles 11. Hclbrook and ci.fi*!? on the, other. I had oCered. if the car nsen were dissatisfied, to rearbltrate with them - t'ltjc -question of wares and hours, and how. fin «.ii;y;'.'.lh>' ciiriaen'B union had ordered a strike in violation \u25a0 - 6f it« own general lawn, without *>ff«\rtnir';*TbltratJon to the -United Kailroads. and fcadr'ri'fitsed. arbitration when offcre«l by me. Tlie wprpjseijtatlveß of labor requested a copy cf the «!>n.ogTap6'4c report of the meeting at the zn&T «r"»r:>ffire the day preceding the strike. I fur \u25a0 nisb'cd- it-.io thfitn. -V : T»*.-. : -repr*iientatlve« of labor above named lirafat: rreqtjrfted an interview today and at 2 \u25a0 *>V"lbck> "in accordance with their requotit. they atain«iet Mr. Mullally. Mr. Hibbs and me. Th»»: / frankly stated that, after full and tJiofocyi investigation they had rcaciiod the OEaSirapiai-' conckieion that the carmen"* union jisd -t^iT wroiXK inorderlne tiie strike, and :jb«t -before strlkinK It should have offered arbi :tritfjtft£. '-\u25a0 -They fiad no excuse to offer for the iaiwtjba -Of the carmen's union in wrongfully de riartnj • the strike, in wanton violation of its tiyrxt' '\u25a0 pen'eral laws and at a time when the f'ouird'.' -Railroads and this community desired in *su6tr>i»l ..peace. They proposed, however, at this late-.da.^.-'afi. a method of settlement of the strike 'Of- '-the 'Bocalled carmen's union, that the I'nitefl -Railroads should recede from Its position, s jraiu .- recognise . the socalled carmen's union, permit ii« members to return to work and'.rear liitrale: • iri'tli that union the question of wages mod hours, declaring that if the United Itailroads vtmJd .Vicbusent to this proposition organized labor Ms -Sab -Francisco would see that the car mea'i :unlot» hereafter lived up to its obligations. V: V •; RECOGXITIOX DEVIED : To-Uti* proposition we promptly replied that ftie fnited Railroads would never again recog nise ot : deal with the soeailed carmen's union, sard :t*at any of its members who desired to be le'eaipibyed by the United Railroads must apply, individually for employment. We offered, bow <<v«»r.: -;-i<>'give sbcJi of oor old employee as prompt sy; ; applied for service and were accepted the benefit of, the years they bad boon in the service <it the company and not to penalize them because they had struck: The action which tins repre «-'<!htatfvca-of. labor requested was exactly what Sfcfi fctiiwd Railroads had done last August, and ti>at.-=- eeririthf'tandlns its. former employes had V/o^jf-yUy struck last May, as admitted by tho rVpre*entrtivfs. of labor, without offering the • jjapany. arbitration, as the union laws required, *B* 'Vttheut accepting the offer of 'arbitration V.li.^n:-made by. the company. \u25a0'. .-\IV xirjjed- cpon thes? leaders of organized iibeir'-tcat -a» they admitted the former employes i'orthe" .--United Uai!roads bad been wrong in t-lrik . r iii : W]ien and as they did, it was essential to the 'industrial. : •peace of this community and to the «,'iorev«.bt unionism Itself that organised labor siotihl- . condemn and not support a strike which bad t**a wrongfully and improperly called. r .:"\y<: were courteously Informed that unless the I'flftei.'.EaJlroads recognlxed the carmen's union hfid : :coi:sen:rd to again arbitrate with it the «,i;r-!,i::rni, of wages and hours, we should have to fight irot-fhe carmen's union, but the organized laftiir: V*f .San. Francisco. ! 5 Il*"this;.weI I *" this;. we replied that the United Railroads was- not -engaged in a fight with any one; that it •> hs . -irriii? peaceably to perform its public and lirlrxte' duties and to furnish this city with utreiet rtilway transportation; that the only car njCß.it.recognlw»d were its employes now running its'~£a.n, -and that if organized labor undertook v. cjrht the United Bailroad* the responsibility for 'tbe-coiiSict must rest upon those trho inau pi-:r*tr-ri.it and not upon the United Railroads. •w> fui'.r ezplauied that. In our judgment, the position'. of ;h» United Railmada wan essential to toe ' jwa.ee jand prosperity of tWs city, 'and that the \u25a0.leaders-. of organised labor should unite with •\u25a0vety.fltdicn of This- community la the effort to demoostrat*' to the world that any man could wivjr la San .Francisco without fear and without eorectanr that without the recognition of the fundamental 'principles of industrial freedom no comsnrmity could permanently prosper; • that the preservation of law and order, the recognition of industrial. liberty, the freedom of employer and 1 ••mploye. -were essential to the prosperity, of the !aborlnjr. Clauses themselves, as well as- to the prosperity of the merchants, the bankers and all other clajfses of citizens. \u25a0 These two interviews with leaders of organixed labor ...have helped to clarify the situation: In Kplit'of the admission that the carmen's union was'wttmt is striking, the United Railroad* Is threatened with the opposition of organized labor nr.iess -ft bows to its dictation and again recog r.:z»h the carmen's union. To force this recogni tion.organized labor threatens, through its leail »Ts..-.,ttt combine its capital, through assessments upon tb? Individual members of the unions, the i-kiil of iti leaden and the acts of Its members. In «'o effort to restrain the travel upon th« cars of. this company and the trade and commerce of this -''coßmunlty. / STA.TEMEXT OP COMMITTEE ; Following is the statement issued late last night by the ways and means <omnlittee of the strike campaign or ganization, representing, organized - la ht>t of Sari Francisco: ' At the close of the meetlsr with the officers of- the United Railroads on Friday -last it was agreed that no statement as to what' had taken place In: that meeting was to be published or reported beyond that statement (riven out by the. way* and means committee and the railroad officials there present. The parties to the raeetln* had listened to i atatement from Mr. Calhoun, in which be main tained: .'\u25a0 ;«".;\u25a0 First, that the strike of the carmen's 'onion <tra« part of a conspiracy to destroy his personal honor and. to deprive him of bis property. Second, that the strike had been called la vio lation of. the laws of the onion, which provided that before any strike could be voted an offer to trb! lrate should be made. Third, Mr. Mabon, cxand president of the car men's union, was in San Francisco immediately after the strike was declared, but failed to call upon Mr. Calhoun, *&d Instead Issued a state ment to ; tbe press on general lines upholding tw action of tbt local. fourth, that prior to Use strike, in a meetla; ar'th* mayor's office.- be, Mr.-- Calfaonn, bad offered arbitration and that the carmen's com mittee had refused. IMl"*flVsWa9Ql Baciaa; bis argument opon the foregoing . »lir satlon. • Mr. Calhotxn requested tbe committee ro tCTeetijrate and if they foond tbe same to Ibe true to eonderan * tbe • carmen's \u25a0 onion ; to - with draw from them tbe support of organized* labor and toe. public, thereby in* his opinion: ending the -struggle. He farther stated that be never would deal rrith local 205 of the rarmr&'B union; that he ••crald admit \u25a0 into bis service members of the union as individuals as he . might require ' them and agaiast wbom be had no complaints. Such mea would retain their ratings, be said. Tbe committee stated that to do this no con ference would be needed; no arrangements would be- p(rr> stiry. An unconditional surrender needs no \u25a0 treaty of" peace.- Further, ' the. proposition was out of the question unless the committee *bo,ald find that tbe charges made. by Mr. Cal houn were true • and tbe . strike . corrnptly en tered, into.' '*s&&&Bl3&& . - • \u25a0 \u25a0\u25a0;.'••\u25a0- Cpos the closest possible scrutiny " the . com mittee found that Mabon had Endeavored to get into communication with Mr. Calhoun: that the arbitration ore-red bad not been declined, ' but rbat tbe conditions attached .= thereto had > been rejected and that-, tbe charges that the .unions had ' conspired against Mr. Calhoun ( to ' deprive toe company ;of - its properties - were - absolutely, without any foundation In fact. SHOULD HAVE ARBITRATED \u25a0 It; remained therefor* • a somewhat technical violation' of toe organization's': laws,' and 'tbe r-om mi ttee ' freely admitted that when arbitra tion had "been offered it - should have been ae ettiled and conditions attached thereto should hare b^ea discussed later, tberpby avoiding . a rupture c* the relations then existing ' between the company and the union.- ..--f ~. « The cocimittee informed the gentlemen repre senting tho railroad that \u25a0 the, 'tvronjf committed by the organisation of rarmon whs not Mich as to require the annihilation* of the union Itself. We informed Calhonn- that we could- not find -on the part of the ;<>ld carmen/ or the ' of fielalß' Of the union any action that had a corrupt 'motive, and that we did' not expect that he would hold tbe union In-main part -- responsible for the possibility of : corruption .in the younger mem bership, considerlnc that t he .union ; bad jw > con trot orer who should be taken Into the company' a serrlce and. must accept ouch .'men as . were selected and tent by tbe company. - The entire committee urped -that the whole subject; metier be referred to a board of . arbi tration and xre pnsranteed on the part -of organ ized idbor in . v un Francisco „ that "any award renflered would, be faithfully, and loyally. liTed up to, the organized labor •of tb£ city under taking to stand sponsor f or : the carmen's con duct in these matters. We; urged us strongly as we knew how that the'- enormous damajre which wonld: be done . to the 'city, esperlnUy to the ; retail merchant class, would be prerented if our \u25a0 proposition to arbl- : trate were accepted. We urged; that "in the interests of the whole people this struggle ought to be ended .by an arraocement ; which .would be fair to all. Mr. Caltoutt on behalf of the United ' Rail roads met this proposition, with a. firm refusal. He claimed that the* only ' thine to be done wai to destroy the carmen'B .union and ..to ; publish to the- whole world that this ;. had been don? because. tbe carmen were in the, wrong and corr rupt. He wanted to publish' to tho world that henceforth . in . San Francisco •; he : might work whom be pleased at euch hours ' and -.wages a* he pleased without . In " any way being - molested by other men. '. , °. - " » ; • . ••"\u25a0.' We met this by stating 'that no one- denied or could deny the peacefulness :o: of -the city,', but tbe statement was Bltojwthw, too much . Ukf the general attack upon organized la»»or by the <^tirens* alliance. We. had hoped, that Mr. Calhonn would not ' embrace ' the opportunity to become the leader of the antlunlon forces . of this community, but that if he desired to take, that position -or act in such a way as to make himself and the company subject to . each charge." .we should be rery much pained. ' ; The responsibility would be upon him. To this Mr. Calhoun stated that, of course, he was prepared to assume- the full responsi bility of any thought or any action that l>e might take, or any word that he might speak. He then reiterated his former statement that he would nerer deal with the carmen's union; that the best he would do.ai? far as these men were ' concerned was to accept such men. as he had places for c* Individual*. X- member of the committee strongly urged that Mr. Calhoun take a little time to consider the . proposition. He Bald that there was no further consideration needed, that bis mind was fully made up and that ho would not be per suaded or driven from the position which he had assumed. . ; . This committee, finding its proposal to arbi trate absolutely refused by Sir. Calnoun, could see no reason for any further conference. When about to depart tbe question was raised -as to. what to give the newspapers and we stated that the trades unions and the public generally of this city had a right to know the -truth, and we deemed It our duty to state the truth with out fear or favor and that we should do so: whereupon Mr. Calhoun . said that 6uch would probably be tbe best course to pursue. Your.s rcsi^ctfully, .P. H. MCCARTHY. 1 A. PUUUSETH, , M. CASEY. - <5. . W. BELU W. P. McGABE. (). A. TVEITMOE. Committee on Ways and Means. CONDUCTOR CONVICTED Samuel Glover to Be Severely Pun ished for Using Vile Language Samuel Glover, a strike breaking conductor, was convicted by Police Judge Conlan yesterday on a charge of disturbing the peace and was ordered into custody without bail to appear for sentence tomorrow. Glover's switch iron fell out of his car at Bryant and Sixteenth streets and the wheels of -a wagon In which three girls were rid ing passed . over it. The conductor used vile language toward the driver and Bhocked his passengers. The judge' Intimated that he would give Glover the limit. • George W. Clark, a teamster, failed to" appear before Police Judge Cabanlss on a charge of disturbing the peace and bis bail of ?10 was forfeited. - WILL. RIDE OX- THE CARS SOUTH SAX FRANCISCO, July 3.-^- Practically the eritlre number of union mechanics anji sympathizers as repre- Eented by the fraternal organizations and citizens' committee, together with tbe leading capitalists of the board of trade, by unanimous vote at a mass meeting last night decided to throw oft the yoke imposed by the carmen's union of San Francisco and ride, upon the cars tomorrow. By resolutions cham pioned by the leading labor union men of this town the intention to disregard the refusal of the carmen's president to declare '< a streetcar truce "for the fourth of July was voiced. Tomorrow will see the cars of the United Rail roads plying between here and Sai Francisco well patronized. Frank G. Drum Must Find New Bandsman Death of N. O. Rideout Makes Surety /Insufficient : The death of N. O. Rideout, who was one of the .bondsmen for Frank G. Drum, indicted in connection with the gas rate bribery, will necessitate the appearance of Drum in court- within a few days, to arrange for a. continuance of his surety. Rideout's .death leaves Drum with but one bondsman,'" and while the prosecution will not demand a change in his bonds within an un reasonable time, it .will insist; that steps be taken within a' few days, to make the. bonds conform with the legal requirements. ' Under- the statutes the executors, of a • bondsman can be., held for. any acts occurring prior to the bondman's death, but not for developments * afterward unless the bond is made to specifically name the bondsman and his heirs. .No attention has yet been given the , mat ter by the'prosecution, but unless Drum arranges his surety of Tiis own 1 accord within a few days steps -will be taken by the prosecution to bring him Into court for the purpose.;*,:' V PASTOR FACES SERIOUS CHARGE OF MISCONDUCT Former Redlands Man in Trouble With Nebraska. . .House of Worship UNIVERSIT*fv PLACE, Kebr., July, 3. — -Rev.VW. P.: Ferguson; who accepted' a call to^ the .First Methodist; church here last, year,^ coming from Badlands,'-' Cal.. Is, accused"; of -gross "rriisconduct': with a married »woman« member -'of; his^ congregation, and; has "unexpectedly taken a , vacation and gonejeast. 4 Formal charges-have* been. filed with the church board by theVinJured;hus band. Unless the* pastor "•{ sends; lnj his* resignation and :. notice r of yretiferiient from the; ministry.^whlcht members ,of the board say they, expect him to 'do, charges will ; be , preferred' at the -an nual conference. in' September and there will bea church Hriai;>,--^,;-'"- • -;t >\u25a0} -• Rev. Mr. -- Ferguson ; is a'wldower. with four children.^ University Place- is' the seat of the Wesleyari university of; N ebraska. FifllflfiiWfß "~\ .•".".' "WATTEa ARRESTED— John: A., Cavanangh. a waiter. • was .. arrested early • yesterday "• mornlnc by . Policeman Kearney; in ' McAllister : street ' near Fr» aklln on a;\u25a0 charge ' of . robbery. \u25a0 ' He : was \u25a0; ac cused \u25a0' of ,' taking ;a ; watch ~. and \u25a0 f ob • from -E ' \u25a0: J•" Lyons, a soldier. \u25a0.'\u25a0 Lyons I admitted : to- Police Jndfre Shortp.H th«t be was too;dronV; to. know anything " and as no , force •' was \ nse* i the ; robbery charge .was s dismissed and \u25a0 a^charge : of,' grand larceny eubetituted. . '\u25a0 lTie ' case was continued until Tuesday. . >\u25a0•\u25a0-• . \u25a0-\u25a0<: THE SAN VFEANGISGO CALL, THURSDAY, -JXTLY 4,- .19QT. Schmitz Has a Happy Hour Before Dunne EsGap^r:©rd^l..vOf Pleading aM;^ torriey Flatters" \u25a0 Bribery v Gases i:P^Ov^^Tu^day -With an" ai r\ of- ; breeziness 7 which might ihaye;. graced' a far. more sports manlike* rogue,' ,' Ew. E.'* Schmitz ' entered Judge '"'•Dunne** .' CQurtroom ; yesterday moroins. readyuto. pJead^"not ' giillty" to the charges -of ; havings accepted bribes from |.thQ J United vißailroads' and g the Sari Francisco ,' gasf aqd . electric -' com^ pany.,. Owing. ,to"xther. holiday heg.ira; which "Interfered' ."with i'.;,th'e? ;.dellvery'f of certain "transcripts, to '_; Sehniitz,^ the 'time for entering ,the .-pleas" was ; continued •until nextrTuesday. \u0084.,Sc:hmit2': easiness of manner,was : in accord with? his exhibition of colossal impudence ' in; asserting himself ; as ; the candidate for." mayor.. on i the unlon'labor ticket at the coming election. ; \He pre tended t0 ... believe yesterday ' that ho was taken seriously.- .His counsel, John J. Barrett, aided, the- illusion when he Joined;Schmitz in'the courtroom. \u25a0/'Hail - to . the :' past, \ present * and | f u-f ture mayor," the lawyer saluted, almost making a salaam. „, c ...'- -\u25a0 - v •Schmitz, tingled under the flattery, or mockery, or whatever, trick . Barrett in tended, -and beamed even on the \u25a0 re porters. ; , .' • "A. lot of people are' out of towa; I see," said the convicted omcial,' with patronizing air, .as If rejoicing In, rJie holiday , pleasures of his > vassals. "I see that Golden Gate; avenue Is Vic serted," ,he added, .\u25a0"without'^. thinking, probably, that the desertion^ might be traceable to Police- Captain Mooney's victory over Schmitz' colleague. in in dictment, Jerry Dinan." CONTINUANCE GRANTED Schmitz did not stop his observations until Judge Dunne 1 entered "the court room. Hiram "VV." Johnson stated 'that he understood' that Schmltz had been promised : a"V transcript of testimony taken before the grand Jury in the mat ters of the gas and. trolley Investiga tions, and that- as both-Assistant'Dis trict Attorney Heney and Charles VWV Cobb weresout of town It -was not pos sible to secure the documents then. .- He asked for a continuance until Saturday that the papers might be - delivered. Judge Dunne suggested Tuesday morn Ing, and that date was agreed, upon. So Schmltz did not plead to the two charges yesterday. • X Charles H. Fairall, for Schmitz, stated that it was the intention of the defense to file -a- bill of exceptions'<on Monday for the appeal from conviction- in .the extortion charge. He informally noti fied Johnson, who suggested' .to .>, the Stockton attorney that, he;' lnform Lth«' district attorney's office direct. •-•-; Then; Schmltz rode away,-in hls'red automobile, with Barrett ; and : Frank Drew-and Deputy. Sheriff Beban. \u25a0 At-11 .o'clock: the .titular mayor was back at the Temple' Israel \u25a0in Judge Lawlor's court.iat which' time '-stlpula-'. tions were to have been made by>.th«j district attorney's ornce and the attor neys for all the defendants in the 1 graft cases regarding the-niotlons for setting aside ,the Indictments pending before Lawlor. Schmitz was the only defend ant present. Had the roll beeri called Patrick; Calhoun. Thorn well Mullallr, Tlrey X Ford, William F.' Abbott, Frank G. Drum, Eugene de Sabla,'John" Martin; Louis Glass, Abe -Ruef and a' few/other* would have been found -absent. PROPOSED STIPULATIONS But the;holldays interfered with the turning of the wheels of. justice again. Barrett, representing a- handful of, de fendants, including Garret McEnerney's clients, stated that he . had stipulations to enter, but Assistant District Attor ney John O'Gara replied that, owing -.o the absence from the city of Cobb,",who had the matter in hand, his office was not prepared to agree rto the sugges tions submitted. by Barrett^ ; ... : "There is no difficulty about tho stipulations; -we agree to, give ; .' iriore than we were asked f or.'f.said Barrett. Judge . Lawlor commented • that there were Involved; several points, notably in the Glass case.arid that It were bet ter. that'Fteps be taken 'taref ully.' :!/\u25a0 \u25a0': ; "I ampreparlng to.give'a decision on these motions," continued Lawlor, "and was to j have had it ready Ton Friday ; 1 1 ; had, intended to;devpte all of /tomorrow to. the investigation of authorities,- but I ! will now "continue theVdecislon until Monday. I .wouldsuggest that counsal agree in the meantime on the stipula tion, and that they- submit It Monday morning." . s -/,'»: v ' The stipulation which Barrett, for the several- defendants, . has ; prepared *is as -follows:-. '-, Memoranda 'or pi jof a ' in - support ' of " motion to stay -proceedings :.- • :-\u25a0' - • -. '. •-•. AH »proof with, reapect, to . creation'of crand Juries of 1906-1907 to be covered by written stlnnlation. . . - -. r • \u0084-.,.., Memoranda of ,, proof \u25a0la support of motion : to set aside Indictment: - * .- - : \u25a0 \u25a0-\u0084----,''\u25a0/;- , Hare; lt stipulated that the" defendants ihare not been held to answer, prior . to * the flndiDK of the Indictment.-. :••"\u25a0* \u25a0 \u25a0; \u25a0- . \u25a0 . - : i The eridence of ; Mr. Burnett, secretary of the grand •\u25a0 Jury, giren on . motion .to : compel complete : transcript, "-\u25a0 should be • offered ;on •' this motion. . \u25a0 . ;.'•• : \u25a0-.:..;";\u25a0\u25a0..•.\u25a0' .::.•. ;, : r\\'---^-i' The ertdence of .Miss . Condon."- stenographer ' of : the grand. : Jury, . glren « ln • motion s to : compel \u25a0 com- I plete transcript, should- be -offered In evidence. '- : \u25a0 Hare It stipulated that -the, name; of George ! F. j Duffey.. . whose.i name , appearg at 'the . foot ; of the • incllctment. as one of i the \u25a0: witnesses,-.- was placed there , by ' mistake and \u25a0 tbat ; he was not a witness.- \u25a0 -. ,"-V..'.-,'."i';r.,. ';,\u25a0..'.-.\u25a0>--, ,s ; Hare It admitted ' that ! Mr. . Langdon and Mr. Heney . were ; both : present " throughout- the ". pro ceedings in ., the grand -Jury room - at the same time. \u25a0 '\u25a0:-. —.'v:^-- '.'•>. : "- Offer in !\u25a0 evidence < the: proof -«with, respect-to~ the grand ' JJuris'e s' of • 100C-1007, -to ,be 'covered .' by. written j stipulation. >-'.-:.•\u25a0•\u25a0,••...-\u25a0 , Show i that, the ' defendants \ were '.requested : to appear," before the ' grand \u25a0! Jury,; in \u25a0 response Tto subpeaas • and as stated • in • paragraph >. 13 ' of - the motion to set \u25a0 aside indictment. / ' MARRIED. IS I GARDEN CITY ; SAN JOSE.; July. 3.-— William .Worrell Eccles," a San* Fran clsco /contractor,' and Mies Elizabeth ",. Horigari/ia'iteacher.. of San Francisco,' A'were'l married i'-at}: noon today jby.r Rev.t FatheriCuririlrighairi.V. a friend iof ithe '; groom." SMiss { Ethel ; Horl-; gari," a "sister, of the bride,; acted as maid , and --William "Alexander ..YourigJ served as ; best man.; zl'\u25a0•-.'•.'•'.\u25a0'z I ' \u25a0•-.'•.'•'.\u25a0'- ''.\u25a0>:.:£'\u25a0*:"., '['\u25a0'\u25a0'\u25a0[ \ INDIANS ON .WARPATH SALT LAKE !i- CITY.- v Utah, 'July 3.— A", letter). from} Bluff,*; Utahrito the une?says" it \lsv reported \ : there % that /the Mogul : Indian! are on"; the" j warpath. 1 ; Bluft is .j ln-UheJ extreme i;southeasternFcorrier" : of > Utah \u25a0 and - the" Mqqul j reservation | Is a short: distance jaway A in /Arizona; : " r i YOSEMITE Is. now: reached by^ the^Tosemlte«. Valley rallroad^Noiwearlsomefand-dusty^stag lng. C?' Spend * your^.vacatlon among- ; ; the cliff s,l crags)and\lovely,Cwaterfalls,i now atsthelr^best^-onlytajfewjhoursifrom Sani Francisco.^ Sixty imlless'of ?. the^wild Merced river .; cany on ?en -\u25a0 route. -s;sl 8. 50 forithc^roundHripfromiMerced.'lW O. W. Lehmer,* trafflo manager, iMer- Lawyer Owens May Sue the Supervisors Fees ior Qbtairiirig Immunity Are ; , ; Unpaid Boxton the Only One* ; to Keep His Word '.* Although the . supervisors . may : . be immune f,rorn ; 'prosecution ; , for their bribery" transactions; jthey, will .never theless "be jnade "defendants ;in - suits at la^y\u25a0,\u25a0 according ;-. to \ H.;^ M." '_ Owens,':: the iriimunityVattorney,, unless they com pensate -.him as . agreed for insuring their liberty. \u25a0''';*• v Whehl. the "16; supervisors arid \u25a0; Railroad Comrnlssiorier/ Andrew' M. {Wilson^perceived : that \u25a0. the .game was up^they, s ; called; , in Owens to devise s"oirie ;l.way ; of ' sayings them ". from .;_-. the penitentiary. ;•;; Owens ! opened, negotia tions ..with* the* prosecution , and .secured i riimunity : for ; the entire crowd.' ' Fbr. hls services he presented a bill of |100 to ; each ; of .the 17.' Boxton .alone , has seenfltitOipay^'and unless the other 1G soon'/declde to Vcomei through" Owens threatens to' bring Tsui t. Should the fcases; come into, court there '"-• will be v the' strangest "' .'actions at law" ;;: known - to, the ; ; Cal if ornia courts and may" necessitate the repetition by the supervisors of their. shameless con fessions. The , ; supervisors . have pleaded various - reasons \u25a0. for '\u25a0'- their 'failure :,to pay. their / attorney, r Furey',, and Lbnerganvhave insisted ithat they have no ; money "left,? that ; it was all in the ; form of currency, ; crisp ; as it came from the corporations, and that ; it was destroyed inj the big ? flre. . .. y Owens 'waß called' In* by the super visors after, the complete story of their crimes had passed' into ' the" possession of the^graf t prosecutors.' William £ J: Burns had- trappjed; orie ; of jtheVsuper visors in ; a." bribery, deal .some 1 time .be fore "it - was announced that, he and Heney, had begun to" lnvestigate local conditions. | Some ; time ;: later " Super visors Walsh/ Boxton and Lonergan were caught* red handed and* forced, to confess. Then- it was that; the ;super visors" admitted that they: were- bound by - solemn' oath to 'keep ; forever ', secret their: criminal deeds.t.^They; pleaded for a chance to fall together arid | the graft prosecutors 'gave them a .few days of grace; : . '\u25a0 * : "./ : -\" \u25a0'' -.'- ' •* ' ;*•.'-\u25a0"•;\u25a0-\u25a0' ; \' '. 'On'; Sunday, March 17. the. Bupervlsr ors ! went 'into secret , caucus to discuss Iheir dilemma/ Owens . was called :In and x was' delegated .with authority ;to negotiate for immunity. Thia' he did successfully-: and In V their, 'excess .Jolt joy 'the supervisors offered to . turn over to Owens whatever! he might' ask. : "Make it ' $iOO J apiece," said Owens, "and- we'll call it,' square." - s Owens is still waiting. Boxton alone has ; met ,. the obligation. Supervisor Gallagher- has; promhsedd repeatedly : to separate himself 'from $100 of his '$35, 000.in boodle, but he bas.not.yet -been able to? bring himself tA< the. point, of doing . so.^-'Owen's 'gavefa ' forcible jre minder to. Gallagher, yearly rin the and f lf a;general Vsettjenient; Is not , soon arranged ' Owens says ',he ; will appeal ,' to the .courts,^beginning; withf Gallagher and; working down the line./ ; ; . '; \u25a0;,> Packiet of-Currericy Burns Flea's Pocket Penitent Su per visor ; Eager to Find Original: Owner Supervisor Kea has an envelope con taining: $750 : : in. currency, which .he .is keeping :. subject " *to v the ? call of ! the owner, '< whom, \u25a0he j believes, ' h is ,the , San Frahciscb: gas I and electric company, .; 1 1 Is7 the same" envelope;: that " Stipervlsor Gallagher \ slipped I" Into -: Rea's pocket after .the-; gas irate, had, been i set vat 85 cents as opposed .t0 ;75 cents. .• Rea . wen t to the^mayor .about, it, .'arid Schmitz, with finger to lip. said:. You just keep quiet."' ;\u25a0'".;'\u25a0\u25a0 l -?, ;; r! " *'\u25a0\u25a0\u25a0"";' \u25a0"•;'•\u25a0•\u25a0\u25a0'\u25a0'•",'.". ";I" ;I \u25a0: . :; Supervisor.- Rea.. It * will .be;- recalled, told •; the* "grand C-Jury^that >he !. received $500 : at; one ' time! from • Gallagher^ and $750 'at; another.' time. ,. Gallagher/told Rea the! $500* was 'for campaign ' ex penseß arid Rea'eaye. itidld- not .occur to^ hlmjuntil, 80mei. time later," that^it could n be' connected"; with "the ' blanket permit glven.the' fight trust. V . '•Some | time : later Gallagher ? gave Rea an; /envelope; containing: ";, |750;<in* cur rency; r and ~ i % A, i_s!T this ;. envelope :>whlch \u25a0 Rea ;; Bayg >he t is; .still c holding - for • the owner.' ": He learnedtsubßequentlyithat it came from the San Francisco gas and electric' Compaq jr.; and . Rea '[ says' that ; if the : man iwhoj paid ; it twill :- call • for it ' he can have * it. X: According jto' Abe \ Ruef 's confession , the money] came -from Prank G. ; Drum, Vbuti Drum 'has • not called "for it and Rea still holds ; It" r i Bill of Excejpftions Schniitz* Attorneys 'Serye Notice of. Intention " ; , Attorney tLangdon, was noti fied l/yesterday "iby^ the f_: attorneys ; ; for Schmitz [that ;at J the! time X6t% the » entry, of judgment against the latter by Judge Dunne.. -:a - formal cbill *of IS exce'pttonV taken^ during, the Schmlts trial,; will; ba filed :*. with ra^.reQuest'i for i settlement. The proposed jbill; of: exceptions ; wtll ; not only,? relate !to ; the', trial' proper.t but , ; to the I ovirruliiig jof ' demurrer, U. to } tho iridictnient,Sto 7 th«*:motlonttO; strike's the indictment', from,:, the' : flies'; and^ set 1 the Bame \u25a0"aside,"; and .to"; the *order toTcallin'ariotherjJudgetto try, the case.- The documents will be drawn separate ly for each particular to which; It is proposed ; ; : to ": take i exception,^ and "C will undoubtedly tbe /almost : ;? as voluminous as Ruer b not ed : affidavit ''of j prejudice. ; ->\u25a0 CHINESE IMINISI'ER DEPARTS : v^VASHINGTON, -July, Z.^-fl rhave \u25a0 be«n through y a a great 1 manyi trying texperlf ences . ln ; my, - 1 If e.ibut ithej saddest^ of ['all;' I Jjleavlngi' the /United V States and' the -many true : friends. I jhaye i made here." i: /;;/:', -ViV.'j-' '. •' '.-\u25a0[\u25a0-' ;-. V : ''~^C':~''-?/?- j .These :,were -the .words,. of iSlr^Chen Tuhg^Llahg^Cheng/jtheiChlnese'mlnlß^ i ter^i a a i ' hV sat j ln\theU lbrary, of , the flega-, tionf today, ? Just j priori to ? hts rdeparture fori San^Francisco;? at,: which; place.ho .willVsaUVbnUhe' steamship Korea, >July : 9,"i f or; homeY >' : ;;.->«-. : \u25a0; „; .. : ;V.'T-V; V .'T-V \u25a0\u25a0' Santa '•\u25a0 Crni . Special Holiday Service --. To; : accommodate- 'holiday '.travel Southern' Pacific * wllliiplace % Infjaervlce on . Jul y 4 i,- and k 7.? a? special I excursion train % to 'leave •; Santa^ Cruz J at %7£ p.'! m". making '•tops " en"- route js to % San % Fran cißco:'_Thlrdiiand 1 :' streets;^ to letJoffspassenß:ers.K-*-:-;'.T, s .- ; ;v?; .\u25a0\u25a0>'\u25a0-\u25a0.\u25a0<+;%._ New Mayor to Be Named at an Early Date MuniGipal Cleanup .May ,Be Started;. Choice for Leader 'No. steps .toward the execution ''of the^ plan ; to .» place .a new ; mayor .In office and; start; the general, clean up of theTcttyj government, willibe'' taken by District f Attorney ; Langdori before next Monday,'; if :the present- intentions of the prosecution, are .carried- out. A final v decision^ has' not .'.been- reached* as toi who (shall be' intrusted' with 'taking up" the reins of government and assum ing the^offlce'of. mayor, but a tentative selection :of .two or three names, on one of -which the choice will finally fall, has ; :been"'made. ' • «| • !- District "Attorney^ Langdon refused yesterday.'. to; discuss "- : .the'; intended/ ac tion?or. tOihlnt on whose'shoulders the mayoralty, : mantle may_ be -" draped, *\u25a0 but it is known that , among those ; to • whoni serious consideration has been % given are ex-Mayor f James D.Phelan ;and F. W. : Dohrmann. / The prosecution real-: izes \u25a0: that \u25a0 the scope of the" qiTallncav tions of. the. man who shall take up the task . of ; reclaiming . municipal decency must be broad and -that he must be en dowed ".with -strong [personal character istics and honesty. * . \u25a0; . ' \u25a0 T : -Despite the: fact of Phelan's declara tion Several "days ; ago that he I would not consider ; the question; of accepting the position .'as acting mayoror of be coming 'a candidate ! for election to \he office f t this '; fall, he refused to discuss the 'question yesterday, ; stating that he .would say, nothing regarding the situa tion or h!« parf.in it: at the'present time;-; i In> connection :,wlth • this 'Is tlie current rumor-that".. approaches have been .made to Phelan by members "of the prosecution. " ' :\u25a0' . . f-District Attorney, Langdon will ,4, 4 be out of the city .today. and possibly-to morrow,; and Assistant - District Attor ney \u25a0 Heney's trip to : Los 'Angeles will not come to an end before ; the early part of next week.' .; AIK the . members of the prosecution are; taking advan tage 7of • the : lull ; In ':. court * proceedings to 'make -the best " of ? short ' vacations, and s there /is little '. likelihood that any developments : will ; occur : to ; hasten the beginning of the administration over throw.. : r : ; ' \u25a0.'.\u25a0 ". '•;.* .; Langdon said yesterday that he had notK studied -- 4 the r- plan proposed by United < States Senator \u25a0 Newlands at . a dinner;: a' few 'evenings ago to the ,' present • form • of ; government here for the next four years with a board of five ' ;meh' *;withs ' nearly , dictatorial powers, and refused to give an opinion as i to!; tho i plan" or; to make any state ment las | to,_ whether/ the ; : prosecution would coi'dperate* .in\xarrying,.'£>ut- such a measure. * ;»i»;?'^ -% ?" r'-;r '- ; \u25a0'\u25a0-"'' ':""' *' „ "I am *a' firm* believer 'In strictly democratic .government, ' in ; which, .the power sla In* the 'hands, of *ail thet peo ple,"'he f said;/ ''and : favor' thatf form ;of grbverhmeht "which makes' this ipbVsible. It- is. after ; all, the ; majority of .the people ;whOj select the officials, and>;i( they ; elect; corrupt nienVto. lead: them j they must /admit , that these men are I their own , ; choice, v It is; not right that ; the power; should." be .-placed in the ! hands of .one or' two /men, as it- is now, but the present conditions have manded , that ; ; the t district attorney's office; assume /this power for: the time being, or else allow the, city to be, gov erned '- by the men now ' In office with out any restraint "over them. I do riot think this, should continue," however, | and hope, that it will soonbe over ;and ! out of ,• our hands." ' ' [ Gal lagher Off ers His Expense Bill; Mayoralty Issue Squarely Before Auditor Horton; \u25a0 A -test r case.' to determine' who .Is really mayor of San came .up yesterday, somewhat unexpectedly when a;- demand v f or, '•' 5300; : ass v contingent ex penses \of Uhe': mayor's v :offlce was pre sented'l; to /'Auditor; 'Horton: ; : The war rant Is i made payable .to ; James •!». \u25a0 Gal lagher as. acting 'mayor .and .bears the signature > of Gallagher and ; not < that of Schmltz. ' • :':\u25a0-': ':\u25a0-' " • )'\u25a0 >'\~ '\u25a0'- - after « the -: demand reached Horton's - office j hh r was } sum moned v toy a} conference ; with Schmita and; the latter's attorneys. At this r cohV ferehce ; ScMtnltz J: argued" with' Horton ; f or i, some .time :.to '^-persuade him • -to ignore -all i warrant* ; by-* Gal lagher i. as - acting \u25a0; mayor."; The ' auditor has ! taken 'i the 7 stand i that ? all i warrants should °.; bear ?;the •; signatures '. of 'both Gallagher and ".Schmltz..: ;i. Horton thought .that the demand was the one selected fby .District "Attorney Lahgdon: on! which- to ; base > mandamus proceedings i to i compel \ the (auditor > to audit; and Bantel, to, pay the.demarid.llt originated in the finance committee : of Uhe aboard 'of ; supervisors and « ; was * marked, ; '.'allowed \ by,' the - flh-" ance ;-*committee-7-JamesliL»i', v Gallagher* and Sam Davis." "f Iti was also signed by ' Xv Gallagher, • acting ' mayor, and presidentiof \ the s > board \ of pro' tempore,'^ and \ again j'marked " "cor- 1 rect" by, acting Mayor, Gallagher. ; " ;V , Horton"." had ? expressed i his j Intention not : to ! sign \u25a0 demands i that 'did : not "bear the : signatures ' of • both \u25a0 : Schmltz ' and Gallagher, "-but'4f ithe'graftlprosecution intend ; to t base 'an f action against '-. Ban - telHonfthlsTdemand i.to: compel* him\ to recognize .j the \ ; signature!; of a Gallagher lt^lsjlikely^thatlHortbn^wllUaudlt^the warrant arid ; pass* \u25a0 the r, matter "up \u25a0to Bantel, :who will irefuse'-to^cashjit. ; - ; '- -,?Acting^Mayor: Gallagher,: affixed- his signature"! to \ a-* demand Tof $6(56.66 for contlnßreht . expenses f of 'Chief jof Pollc« Dinan s f or^ J July.*, ," Gallagher I said hlsrelations^wlth^DlnanjwereTfriehdly; despite * the] action {of I the | latter ) in ire fusing iJ.to y recognize^ Gallagher's ; right s to^approve i prjzeflght fpermlts Jand » in sistlngHhat? SchmitzV- signature • should appear thereon: "' INS AKE ? SUSPECT 5 DIES ;•" SAN '\u25a0! JOSE," /July \u25a0';. 3-^-C. V H.^ Henry, ; a local theatrical . man, . whqiwas -arrested Monday | on| al charge I of % Insamiy.'J died suddenly ',!lri'<th"e(oounty;Jail : j this imorn^ ing | at? 5 1(. b'clockfvsupposedly ? f roni J ex haußtiorii:?: Physicians | were yesterday j toj examine ' as | to j hts sanlty.Yti.'Whenf they|arriyed , he ' was >in a ; comatose f condition :\u25a0 and the exam* inationiwas: postponed. ff ; :' ROBERTS iTO f BE .: PRESIDENT •^ |j NEW«TORK,'I July : 3.~Geofge '-Efci-Rob-: •"rtß.TdirectorJofHhejrnlritJat^W'ashlnK'C Jton,"^wllllbejthej[newrpfe'sident' of |the jCommerclal|national§btinlcfof SjChlcago^ Bucceedingrj the" s late '( Janies ? ll." Kckers. n pil GREAT REDUCTIONS %f GARPETS-RUGS •Vvj ; \u25a0:.- , .WALL PAPERS; i Draperies— Lace Curtains t?f^ OFFICE— DESK T7^ ELLIS STREET, Bet. Polk and Van Ness UNITp RAILROADS MEN HAVE ft* PR PLEA Continued from Page 1. Column 4 for -cars ..to" be run by cable or horsj power,, and these franchises later were j transferred with the- lines, to the .Unite.l Itailroads. Last year the traction com pany was of the opinion that a special permit from the supervisors was neces sary to allow it to install the trolley! system,, but apparently the bundle of I indictments recently filed against, the j officials of .the " company -has . altered I their. process of reasoning. I The question was a disputed one for some time- in -San- Francisco -and was j referred to the city attorney by sue- j ceeding, boards of supervisors. The flr^st ; exhaustive" opinion on the subject was j written by Franklin K. Lane, in which j the nature of the old franchises was 1 discussed and the ruling made that aj special ; permit / was necessary for the j installation . of the trolley system. This ruling was subsequently concurred In by r City. Attorney Long and more re cently^ by City Attorney Burke.!-.- / '\u25a0_ \u0084 Notwithstanding,., these adverse rul ings precedents are cited by those who are prepared to support the contentions of the;- United, Bailroada.iThey - say that the problem *r£sol>-.e> lq**l* :. into - . . the question.' "If ; a r franchisees -granted n street railway company tQ ope rate, cars propelled "by. horse or "cabled ; does it also| grant? the right* tp^use any;-;other power ;. which; may -liters be discovered during the life, of .the. franchise?" For the United Railroads it i 3 contended that the must' be^ answered- in" theTafflrth'ative. It is' coriteridod that when the qity granted the. franchises in the seventies It granted, the right, to use all undis covered motive power, which would have been named in ; the franchise had it; been discovered at the time of the original grant. , . , . . >. ..... ..., '"If such la^the-law," said one of the attorneys who' is opposing the graft prosecutors, "there could 'have been no crime; committed .when ,a^ fee> was paid to .Abe Ruef In order to ; be allowed to* do .that , '.which the company -had a lawful right to do! without: any addi tional act by the municipal legislature." .Among the precedents cited was the case " of . the Bell/ telephone company against. the Montreal street railway company,^ decided in Quebec. The \u25a0 de [cisionin this case is reported as fol- I lows in an authoritative volume: "Where the. legislative act authorizes a railway .to run Its cars . with motive | power produced by steam, caloric, com pressed air^or by any means :or, ma chinery whatever, , the court held that such act authorized' it to operate > its cars by electricity, although at the time of .the passage ' of the act "'electricity wasfhot known as a" motive* power for street" railways." :.:'. It' will" be held that, the words "by cable -or horsepower" in;. the" original franchises -in San" Francisco were lllus trative'and not limiting In their nature. 1 . , In.; support of ! this. claim the case of | the street "railway "of ' Paterson, : X. J., against Grundy is cited. In this case the court said: :\ C"lt%will hot be* presumed that the : legislature intended . to ' limit the - com panies to systems in use at the time when the" act was passed, it" being for the ; public advantage to :: allow street railway: companiesto perfect their sys tems "In accordance ; with." advances in scientific discovery." " In the of . Bunker; agulnst Hart. 52'Federal;Reports.,837, the court held that' the; words "horse ajid steam]rail roads" were' illustrative and not words Of, limitation.. .; ;,.V \u25a0 Although the attorneys for. the United Railroads -are .prepared 'to press," the point with"; great force ', If he"cessary,Uhe graft prosecutors pointed out last night that the cases quoted had been adroitly selected," but : wou,ld ( not- bear • minute [ examination. ______!__ I^STOMACH^OJ^ BITTERS . If any man or, woman suffering from a weak .; stomach',"- inactive liver pr constipated bowels will fake .? a (Jose \u25a0 of " the Bitters bejfofejmeals and^at v bed-Hnie a wonderful iraproyement will soon be noticed. It cures Indiges- tion, Dyspepsia, CostivenessJ Diarrhoeiiv Female Ills and Biliousness >^- v - --\u00841 .••;--' ' ; \u25a0 r j f\ • • In England 5Q,000,000 •A\JJ^ barreb of beer were used *™*$~P!vtf l as * year— and every \^^^ one Knows the Englisn 0. j^_J?X* are a temperate, home* ••jg^ ** loving people. Pabst I Blueßißbon Ttc Beer of Quality i\u25a0\u25a0 \u25a0 - . ; contains less alcohol than £L I either English or other ft "4jf ! American beers and is rich- ; er in the good, wholesome food-values that come from EO \ ; Pabat Eight-Day Malt. - J ]2^) — n , Thos. W. Colilas & Co.. ;. 334 Larkin St., San Pranciscu. ; Phone Market 2543. ITT DLII* I I the rhillips I 9 899 Mission Street I pi Southeast Corner Fifth f I NOW OPEN I || Mercantile Lunch served daily, I 1 1 a.-m. to 2 p. m. If 1 WM. W. PHILLIPS, Proprietor I S . Formerly of "Fisbeck's** S Is there a better way to . • keep the family longer at table, to keep it together? Tonr rrocsr r jturat year moot; if y«« dea't * Hit 3chflllaf 'l Beit ; wt pa j bio. Morrison, .Cope & Brobeck have remoTed their larr offices to the CROCKER BUILDING Corner Market and Montgomery S tree t3 AAnrrtD'cl Genainß Musi Bear \u25a0HfTTLE Fao-Sirnile Signature SU3STITUT£B> THE CAIiFORNiA. PBOMOTIQN .COMMITTEE (Organised 1902 > r. PROMOTION: The act of promoting: «ii- . Tancement; EXCOUKAGEMENT.— Century Dic- tionary. i Tbe California Promotion committee has te* Its object the PROMOTING of California as ft whole. . ; Ie has nothlns to sell. Ita energies are devoted to fostering all thins* that ha»e the ADVANCEMENT of CaUfurnia ai their object «' It gives reliable Information on every nabjeet connected with the industries of ; California. ;<i Iti give* ENCOURAGEMENT to the establish- ment of - new Industries ' and Invites desirable immigrations fjSBCVfItMSffB'MMMpBbMSBMmd It is not aa employment asency. althow^h it gives Information - regarding labor conditions. It presents the ' opportunities and needs in all fields of .Iraslnesa and 'professional activity. - ' ; The > committee, : Is anpported by popular su n- acrlptlon and makes , no charge for any service rendered.^nHEMWNs*||BßMM>Magßp|pAaCan| Afflliated with tbe commltte« are 160 com. mercial organUatlons of th« state, with a membership of -over 20.000. , \u25a0 \u25a0 .' • Meetings are held semlannuaUy In dlJerent parts of California, where matters of aute in- terests are discussed. \u25a0 .. Headquarters c£ the committee are- Kalstitln<»l Jn - San • Francisco la Calif ornia building. Union SquarevuSßflSflßßSflSßaflHEßßS * COEEESPONDENCE IN VITBD. I', " CALL Bring Results