The San Francisco call. [volume], October 02, 1907, Page 7, Image 7

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

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BORAH ASKS THE COURT
TO ORDER HIS ACQUITTAL
Senator Declares He. Has
Not ' Been Connected
With Land Frauds
EVIDENCE IS ALL IN
" = •. - -
Ruling on Motion of De
fense Will Be Made
This. Morning
BOISE. Waho, Oct. I.— Federal Judge
Edward TVhltson. presiding at the trial
of United States Senator William E.
Borah, -will decide at 10 o'clock tomor
row morning \u25a0whether or not the. case
shall be taken from the Jury and a
verdict, of acquittal ordered by the
court. At the conclusion of the gov
ernment* ca.se today the defendant en
tered a motion for acquittal on the
ground that^no evidence tending to
connect Senator Borah with a land
f raud^ conspiracy had been adduced.
The motion ' was argued at length by
Special Prosecutors Rush and Burch
and by James H. Hawley for the de
fense. Senator Borah's counsel waived
the opening argument on the motion
and Hawley said he would not have
spoken at all had It not seemed to him
that the government's counsel had
cither intentionally or unwittingly
misinterpreted much of the testimony
before the court. The Jury, was - not
present during the argument.
Rush. In opening the argument for
the government, said that there had
certainly bee;»* tangible evidence of a
eoasplracy on the part of a few per
sons at least, and In J&ls view Judge
Whjteon -teal 4he coincided. The evi
dence asraisnt. Senator Borah was cir
cumstajatlaj.. Rush admitted, but tend
ed tp"-show;that the. defendant acted in
confc.ertywltb: \u25a0the other Alleged con
spiratow -to. the. extent at least of re
celving.ln his office the deeds resulting
, from fraud and having these deeds re
corded at hl» a request. This act of the
defendant. Rush asserted, placed him
•in the light of one who received stolen
property and required an explanation.
ABGUJIEXT OF BURCH
Burch also urged that there *were
enough suspicious circumstances to put
the defendant upon" his answer;, and
argued that an attorney had no 1 pfivi
l^g-e above the ordinary citizen of the
United States. The whole scheme of
acquiring the lands, Burch said, reeked
with fraud, which the, defendant, as an
attorney, must have had knowledge of.
Whether the government had persented
a strong' case, he concluded, \u25a0was not
th; question, but the court should in
• iuiix- .only If there were, facts tending
to establish a theory of possible guilt.
UiiivJoy, replying', charged opposing
<-nune ; el u'iOi an entire inisapprehen
s;o:i *>f the law. Me, said they were
;>.-.>•< iUing* on the theory that' a de
fi ndant '= lniist prove -himself innocent
tather!,^ tfijin* "that tlie grovernment
>;>uL!ld' pri>v*> him guilty. Every act of
s< .ujiior Borah's to which the evidence
. ;lJ ::!ljd»a was s':own to be open and
iiwiv'' 'bi'.ird and in pursuance of hon
esty of piirP«*e. Every -t^V taken by
U.i Jc*c.:»jli"t Ava-s the proper action of
.'.: i attor.' ; oy. prctecUrjg the interc.~t of
k.'m <.]i(.<:i \and vras susceptible of no
atiKrrtnterjjrctatlon. Hawiey claimed
Uiat tv«- <?vWcnce of the government's
«>\v:i : iV;im sscs \\&s to the effect 'that
'V.-.Aii-r a2v.-j.ys announced .tijat
i.- v, —z actlos as attorney and that hi*
»:v.-ir *\u25a0 \.-ii3_ to protect his ciients, the
llj.rbe*- company,,' f rora ' procur
ing cU^irns tainted with fraud.
TAKE.V I'.VDER ADVISE.MEXT
3 JM the conclusion of the argument
Judge Whitson announced that he
p.-ould take the matter .under advfse
ment and render his decision tomorrow.
= W'uen the testimony as to the re
cording of. SO < deeds at the request of
•Senator- Borah was in today. Judge
Whitson announced his decision as to
iht? witness. L. G. Chapman,
manager "of " the Barber. lumber com
pany, who refused yesterday, to produce
«erta4n record^ on the ground that
they might tend to incriminate him.
Judge Whitson said:
There i» » t*ndeocj nowaday* to wipe oat
<-<m«tltotkiß»l gxitTuateet. but It Is a movement
i hare no trmpathj with. It may be that tfie
'\u25a0onefltntlon 1« wronjr »nd that a criminal should
be to testify against himself, but so
locs as the conctttntioo i* what It is I Intend
to uphold It. The contention of the witness is
COURT ADMITS CONFESSIONS
. OF HOLLETT AND RODGERS
Saij Francisco Youths on Trial for
•Camp Meeker Robbery Lose
o - . First Skirmish
Special by -Leased Wire to The Call
' SANTA ROSA, Oct. I.— The trial of
Verno,n Hollett and Rotfwell P. Rodgers
?of San Francisco, charged" with hav
ing c «robbed the North "Shore depot
>at Camp Meeker July 14, was begun
»today before Judge Emmet Seawell.
It was *• largely attended by relatives
ahd friends of the youngsters trom
Pan Francisco and the scene resembled
a society function more than a crim
inal trial.
°"o" o D«tectlv« Powers of £he Northwest- !
era Pacifio swore that he had not
promised the boys Immunity" prior to
the confession which they signed and I
delivered to him. The boys in turn
f u-ore that he had agreed ] that If all
of the Jl«s stolen were returned they
would not be prosecuted. Hollett al-"
legred that Powers had written the
statement and he had signed It. without
'reading \u25a0 it. Rodgers said the state
ment was read to him before he
signed it-
After considerable argument the
eonrt admitted the statements and they
were read to the Jury. In these the
boys, admitted that . they, had robbed
{he depot, come to Santa . Rosa and i
gone from here to Petaluma.
TWO MURDER TRIALS
/'AUBURN, Oct. 1. — Two criminal cases
will be tried oef ore Judge Prewett next
week.j The first on Tuesday will be
thai of Harry, Harrington, a negro,
charged with the murder of his els ter,
whom he Is said 10 have ehot» for. re
fusing him money. He then turned
the* gun on Blanche Woods, , a white
\u25a0woman, butidid not klllher. She will
be the prosecution's principal witness.
The other case will be also for.mur
der, and Gus Morris will be tried for
killing a fellow-Greek at Rcseville for
callirig' him names., '-'i
FI.VD ?20 GOLD ORB
PETALUMA'. Oct. L— W. W. and C. J.
Williams.", who. with three others .have
been prospecting on thelr.father's ranch
in the Pine mountain district, have.'dis
covered ore which essays $20 in sold to
the ton at the surface. A lease" has
been taken .on . the . property , for 2B
years and this! winter, a tunnel; will be
- r»j» Into thejedge and all development
work necessary f. to determine \u25a0 the 4 full
extent of the discovery will be made.
RAI.\STORJi'AT,AUBURX
AUBURX. Oct. I.— Auburn was«visit
ed by a heavy "downpour of * rain to
night, the flrst of ' the season. It", is
Quite cold, however/ and It is'predicted
that the storm will '.amount -to' little.
The country Is badly in need of A. good
wettinsr. , ,J/^' .•.*-.\u25a0'\u25a0'
THOUSANDS TO JOIN IN
SEARCH FOR STUDENT
Jordan Will Organize Men
• of Stanford and Scour. ; ,
' Hills for Silent ;
FATHER IN DESPAIR
San Francisco Police Will
Be Asked to Take Up
the Hunt Here
STAFFORD UNTVERSITY, Oct. 1.-r
"Weary and disheartened, the throngs of
detectives, students,* fraternity men and
citizens who set out this morning to
renew the search for Chester D. Silent
returned this evening to report to
Judge Silent/, the 'boy's- father, who; is
here directing the hunt,* that they, could
not find the law student, who has been
missirg from the campus ' for ' nearly
two weeks. Every clew was run down.
The entire countryside was thoroughly
beaten, without • result, and "tomorrow
the numbers of the searchers ; will be
augmented to fully 1,000 by Sllent's fel
low classmen and volunteers from the
student body, who will be organized by
President Jordan at - the . next * chapel
exercises. The police of San Francisco'
probably -will be asked to take up the
search in the city at the same time. .:.-..
W. T. Reid, head. master. of Belmont
preparatory school, gave his students &
half-holiday this v af ternoon \ so : they
might join in the'effort to find young
Silent, who was one of the most promi
nent members, of the colony of recent
alumni, who .. are here taking .post
graduate courses. These boys aided
the Pinkerton men in .their hunt over
the hills and through the valleys. , At
the end of every clew, however, .there
was disappointment, and the missing
youth's aged parent, who has. borne up
wonderfully well until now, is on the
verge of despair. : The 'disappointment
which rewarded the day,'s- vigorous
search was made all the more severe
because at the outset this morning
there was every hope that the missing,
law student would be located before
nightfall.
• Judge Silent set the force at his com
mand at work upon two clews which
promised . results. One of these de
veloped the theory that the young man,
afflicted by a temporary aberration
from overstudy. had wandered into the
hills. and was being sheltered at some
ranch house until he could recover, suf
ficiently to disclose, his Identity, x'he
other gave ground for the belief that
Silent- had gone to San Francisco and
was in the hands of friends.
E. T. Upham, a merchant of Palo Alto,
gave Judge Silent the clew which led
the searchers into the hills.- He said
that while on a drive through the coun- I
i try with, his wife Sunday he met a
I young- man; on the road who was suf
; fering from an injured foot and who
also seenfed to jbe mentally afflicted.
: Upham Identified' a photograph of Ches- I
I ter Silent as that of the' youth he and j
| his wife s&vf on the road in the h. s. |
' Added strength was gfve,n the clew byi
1 the fact that just prior to his disap- \u25a0
I pearance from ».je, Delta Tau Delta ;
j chapter house the, missing student fiad i
\u25a0 complained that a foot had been in
j jured. But the boys from Belmont and
; the detectives scoured every portion of
I the nearby hill region '. without even
! finding: 'a' trace. ; -•• \u25a0 •.
- Friends of young. Silent claim to have
seen 'him on a Southern- Pacific" train.
Every one in San Francisco who knew
the young student was communicated
with today. Nothing resulted from. this.
Nevertheless the "search probably will
j be transferred to the city, as it is be-
I lieved that the youth avoided friends
lifter his arrival and- remains secluded
j among persons who do not know him.
! The%theory that harm has befallen |
him or' that he was the victim 1 of some
accident or sudden illness still is scout
ed by Judge Silent and fraternity
friends of the missing: student.
Judge Silent says he will" continue,
the search for years if that be neces
sary to find his son or learn something
definite concerning him. It was the ;
intention to place the hundreds of stu
dent volunteers at the disposal of the
stricken father today, but he was so
confident of finding hi^ boy; that he^de
clined. Tonight- he accepted the offer 1
of Dr. Jordan and tomorrow morning ati
chapel the searchers . drawn from the
campus will be organized and sent Into
the field. They will continue the search
until it is fully ascertained that he is
not In this vicinity. 1 «"; t
BRANCH ROAD TO : BE BUILT
FROM BENICI A TO VALLEJO
Will Skirt North Shore of Carquinez
Straits and Aid in Devel
oping Large District :
Special by Leased Wire to Thie Call
VALLEJO, Oct. 1-— lt Is announced
in Suisun that the recent purchases of
land In this section by the Southern
Pacific company has .been- for. the pur
pose"; of building a seven mile ibranchi
line from the Harrlman ! track at | Beni
da to Vallejo. This road will skirt the
north shore of Carquinez straits and
will place a great body of land in easy
communication . with deep : water arfd
rail facilities and will have much to do
with the -improvement of a stretch that
is at present virtually idle because of
lack of rail facilities. > 1 -
The present line between' Suisun and
Vallejo passes- over a steep grade be
tween ' Napa Junction and • Cordelia. " It
Is claimed that a tide water level route
Is desired for the Humboldt section
lumber' shipments that will be routed
east by this way. •: ,:
TENTH BOMB f EXPLOSION
WRECKS WITNESS* SALOON
Mysterious Detonations Follow In-
vestigation of Grand j Jury
Into Pool Selling i
CHICAGO. Oct. I.— ln the: midst of
the srand jury's : searching investi
gation of pool selling/ In; Chicago; and
the bomb mystery attached*; thereto
last night ; another nitroglycrine ex
plosion - occurred. ; The", targets for" this
latest. No. ,10 of the I bomb series, \was
the saloon .of .ex- Alderman "John, / A;*
Rogers/West Madison and May streets?
Rogers was'; one ". of I the witnesses " ap
pearing "earlier, • In ; the ? day"^ before : the
grand \u25a0 jury. ; which is expected Xo return
wholesale \u25a0 gambling lndictmentip; The
explosive:. was; placed; on the roof of
the .building". ;•\u25a0•»' ..'.-
TRAIXMEV ON STRIKE
BEATTY. Nev.. ; Oct. , I.— Dissatisfled
with ' their salaries.' the* trainmen em
ployed on', the 'Las Vegas ; and ; Toniopalj
railroad have : struck ! for .1 more: pay and
tied Jup 'everything; on that i line with
the ; exception < of .the mall ;, tfains/V.The
railroadm en idemarid^thatithe^company
payJthefSameiScalelaaHhatipaidJonfthe
Bullfrog|and£Goldneld»rallfoad;; known
as :. the t Tonopah \ scaled as f follows: I Con-*
ductors 5170 ; a month., brakemen^l3o! a
month.'? firemen 2 $ 4.60 : a day; and $ engi-'
neers $6 a\looj miles. >' The .men striking
for higher^ wages have^been receiving:
thel^following:;^ConductorsC $115' i-a
month,' brakemenl |Bs fa; month.*; firemen
$2.85: for ,12; hours and engineers! s3.9o
for 12 hours. \\ /:,*'. "7
the: s^ frSncisgo y{biii&r^
VICTIM OF DYNAMITER
DIES OF HIS INJURIES
Former Sheriff n] Brown of
Baker jCity Succumbs
".y. to; His Wounds
REVENGE MOTIVE
Bomb Is Exploded WitK
. Wire- in; Hands of
' Stranger
BAKER CITY. Or.. Oct I.— Harvey K.
Brown,. ex-sheriff of Baker county;; died
this .afternoon' atj the ; hospital ati3:lo
o'clock as the :result ; of- the ;i horrible'
wounds he received i from the ' explosion
of a' bomb at ' his front gate ; as -, he , en
tered his home at 10:45 o'clock Monday
night- ;'. \u25a0 : \u25a0\u25a0..'.\u25a0-. "\u25a0:-"/ '\u25a0.. .;' .'?/,
< Brown was the ; man « who arrested,
Steve Adams for alleged : crimes fejin
Idaho and \ for the past < six ; months; has
been engaged In detective work for, the
state of Idaho, v He ;i was a witness
against Steve, Adams and expressed his
fear : of taking the.Vstand, \u25a0. for, ?: it r is
all eged, ,he said \u25a0 he \'' knew. : he 'would
never escape •alive^ if ; he; did. \u25a0; \ J
. Browne made* a ± statement in; which
he said' that on his way home" last night
he met aMmah in, front of -a residence a
block I from, his •' own home and •= spoke,
but ; the ' man ' made no response.'^. He'de
scrlbed / the ''nian *as -being s 5v f e?t .' 10
inches tall, weight 165 pounds,': wearing
brown suit and* celluloid -collar and
smooth _ shaven.' He said, that' he was
conscious he had been ' 6hadowed " for
three 'weeks.; ;
}v : Brown had been . gloomy and -down
cast for I several /days /and'" when ; asked
concerning his troubles by a friend re
plied: -> \u25a0 : \u25a0 y ; v :v' :- ,-'•\u25a0;\u25a0. :-. : -'v
"\u25a0"l.am a doomed man. \u25a0_ Thosejpeople
In Idaho will get* me yet." ,-'\u25a0 r
'He went on td say that ; he had no
ticed: on several " occasions, that > he \ was
being watched and followed every place
he. went. 'No matter: what out of : the
way; place he "went to:, there was r,al
ways some one around ; keeping him
under surveillance ; r and i watching. ; 'hiS
actions very closely;: that -,;he "has '- an
idea' of the l identity "of the"; people 'who
tried to murder him is 'shown •by;. the
only words he ' uttered before, he , be-"
came unconscious ; last- night: I "They
have laid for me and got me at last!" \u25a0
It is also said, that* Brown received
an anonymous letter through the mail
warning him :to leave the country, or
his life would be taken., .\u25a0'. - ''_-" ''
One of the neighbors of Brown said
that last night, a short time before the
explosion occurred, lie.; hoticed->a tall
woman walking back and forth in.front
of the Brown, residence."-. Although
dressed in ' woman's; clothes ' the person
j looked much like a man*.' .
i-,'.i -,'. The bomb was made of dynamite and
was placed just inside.the' gate on the
south side, of the walk. .From T the r bomb
a wire was run across the walk, ihen
I up to the top^uf the picket. fence about
| 23 feet, alonjr.;the . fence>to the corner
[and .then about SO'oriOjfeet' west :to
1 ward the middle of the' road. :;
CURDLED SOUR MILK
AN ELIXIR OF LIFE
'Special by Cable, and Leased , Wire
to The Call
. BERLIN, „ Oct. 1 1— German medical
circles .are' -'discussing:. Hh'e "investiga
tions made by C Dr: Ludwig Reinhardt,
the -noted ..Austrian of; the
theory, that curdled sour. milk, prepared
under 'certain conditions!' is .not 'only a
sovereign cure -for digestive maladies.
but a;veritablei elixir, of life; - ..
Professor Hermann, Struss' of the
University, of' Berlin 4 - and Professor
Metchnikoff, the noted* French bacteri
ologist, who attended \ the ; recent *"hy
gienip congress here, are among those
who. deem .the -subject 'of . '
Dr. Reinhardt: declares that the : use
of milk which,, after jhaving: been
ly heated to*a-certain_;temperature. . is
allowed. to become thick : and, sour.iwill
prolong life materially if ; taken regu
larly. He the> fact that many
Bulgarians who use 'this a food,- though
dwelling - under the most - unsanitary
conditions, live beyond 100 years." -"
ODD FELLOWS OPEN STATE
GRAND LODGE t ENCAMPMENT
F. E. Pierce of Los Angeles Has* No
Competitor for Office of
Grand Patriarch
rSANTA'l BARBARA, Oct..-1 . — The Odd
Fellows' ..-...'encampment*'. was opened \u25a0 t6
day,with a; session; at' Potter^halir The
gathering .was the .largest "ever' held
in 'this .state.' The, meeting* was i pre
sided ; over .by C. ; H. : Burden,^ grand
patriarch. -Grand ; encampment ;' degrees
were "conferred "onV .100 •"members at
the meeting./ ; ; , . ;. '
1 Nominations were madefor the elec r
tlon of •' -pfflcers.;' Lack ' of :"c ompetitors
shows that F.- B. Pierce, of ' Los 'An geles
will," be grand * J.SF. T »Chap-'
pell of : Vallejo, grand l high: priest; l f H.
F. G. Wulff .'of , Sacramento.l grand L sen
ior warden;. Barnes,' * grand
scribe; C' E. Benedlct.zsecretaryilF.-E.'
Week, M. P. Forbes",':- Eugene " Flanders,
San Francisco.. to serve again as grand
trustees. , ; ,. . . \u0084.-/•". :\u25a0\u25a0 A \u25a0.\u25a0\u25a0-.\u25a0?•\u25a0 \u25a0?% *>>:.\u25a0'
-:M: M A" lively fight over; the office of junior
warden is ; ;promised. :\u25a0,'; The nominees
for; the . position -, are :.F. <:K. " C011y, % San
Jose ; •F. LTTurpln," San '\u25a0 Francisco ; R. i S.
Adam. ; Petaluma: : Dr. "i George f E^Dayi*,'
San •; Franci sco ; • S.*; B. ii Force,'* Sari i Lean -
dro,\ and M. i E.'-i Bo gar t i.of 5
The election of /officers takes; place
tomorrow^ t^-- ' ;.:'\u25a0 ;;;•<;•', >. i '".:.^- \u25a0:\u25a0:;\u25a0- \u25a0 ; \u25a0 ::
COMES FROM : NEW JERSEY
TO WED AN^ OAKLAND'm AN
Eastern Miss . Becomes the Bride of
an Electrician; Employed at '\u25a0
;>. Mare -Island
Special by Leased °Wire to The Call
STOCKTdN.rJOct: fi:^-Judge: 'A. , C:
Parker , solemnized itodayj'the marriage"
of ? Floyd ?^ Eugene^ Dunk)ee,»a President
of >Oakland,'£andl ;. Miss Marion? Schlick'
of I New.; r Jersey.' : ' Dunklcejcame ; to ,"Cali-'
fornia* r'rqm) New. Jersey) several ; months'
ago"? to en ter^the X*iP*Pj.9y^?ii"t,h ej; navy,
department v as ; an .ielectri can ;|atl Mare'
Island.:^ After-; establishirigTa^resldence
lni Oakland j Ke[sent> f orchis 1 fiahooeTic - :
The; f ew^who ;wlthessed|the"_wedding
were"' quite 'if startled p. when y . the? 7 bride
"publicly 'kissed .^ the r/tworofflcials': who
had*formally/slgried the /marriage cer
tificate* as 'witnesses.;' ;?r". '--• ;\u25a0\u25a0;. \u25a0•'-;.- \u25a0
WILLY t SUCCEEDS "DAVIS
i SA(m/^EN^r|^t]pi!^.>W. Willy
of * Bakersfleld-; was \ appointed , *fcommis
sioner "\u25a0\u25a0 for 3 the)- rev lsi on and I reform H of
the ; law] byj Governor! Gillett i'thi s \ rnorn^
ing. \ to * succeed . \u25a0 John ; P." Davis.] who ; has
resigned.. '/\u25a0 *\u25a0']'-' \ \ :\u25a0';;}\u25a0 ;'/.\u25a0 'J.;"'-. '^•v'^.':'-""
FALL ; HEIRITO if FORTUNE
! PETALUMA;- Oct-il^Members 'of ' the
fam 11 y fo f , Mrs.**3V * J. * Gray] h'avejreceiy ed
.word Sof I theTrecelp ttof (ai large^ fortune
through the, «i Sath; nt a' relative ! in ; En'g-'
CHARGES FRAUD AGAINST
STREET RAILROAD MEN
State of New York, Sues to
'Dissoiye Company in
Metropolis
ACCOUNTS /ARE AWRY
Alleged Overcharjge for Im
::.provements Upon the ; ' '\
- :-~-) System: \-.;"-\'
\u25a0• NEW YORK, Oct.:l.—The'Metropoli
tan] street* railway : company.was | placed
In g the ; hands fof .;. receivers i today, upon
motion ' of ' Its ; : own ';. attorneys '; that • ?it
be" made a - party defendant >. to the ', re
ceivership ordered ! recently,, against the
New York. City railway J company.'; . The
latter ; is lessee of the .lines of i the Met;
ropolitan /company ..under^ a guarantee
of the : lessee : to .-'\u25a0 pay l"i per - ceritf divif
dehds :\u25a0 on \u25a0. the ' Metropolitan stocks." : \The
Metropolitan did not ' earn - this * dividend
and I the-'New »York City "railway I com
pany;.; lost in .excess \u25a0 : ; of : J6.500.000
through , the * lease.' ' ;
;•. State Attorney. General \u25a0 Jackson^ be
gan'actlon today calling^for the disso
lution; of i the. New. .York City railway
company/ and : for.; the appointment of, a
receiver '/\u25a0 for , the S Metropolitan .'street
railway, company. ;, The 'application was
made \ before' the state '} supreme £ court;
while - previous - actions
had • been- taken\ before a : federal court;
"', "Justice ? Ford ; granted ~-\ an ; order - for
the" companies torshow^ cause : why ' the
special actions • should '- not ; be granted,
and \u25a0 also j granted anforder/ f or ; : officers
of '; the "' company ' to show ' cause '"why
they, should not render an accounting.'
v' The^ attorney general alleges ', that the
management" of Hhe \u25a0 ,twbv . companies
have'either -wasted- about! $3,500,000; or
have not accounted ifor" s4,39s,6Bl.*'. Thl«
charge * was made ;i by. the ; attorney ; ; gen
eral in* connection wi th ; an r entry on ' the
i company's? books • fcV.'the^ , year v. ISO 2
; amounting to $f,3.95,657 for. laying new
j rails.,'' The .general charges
! that' this .; sum, ;'amountlng\ to •-! about
$103,000 per mile,, is more "than $SO,OOO
per # mile in ;excess,'of what would -be s a
reasonable -and fair cost for such
/ Fu rther Z charges are 5, made by ;• the
attorney, general. ;ampnglhera one that
the" company "claimed^ that J $509,900 per
mile* was exacted forf changing;. tracks
on the Thirty-fourth street line.
WESTERN APPEALS •'
FROM SAN JO AQUIN; DECISION
Backs Up Suijervisors Who Had
Attempted to" ' Strike Out
• Its Assessment •
Special'b'}} Leased [ Wire to ': The Call
r .; ; _STOCK,TOX,r. Oct. U.— The supreme
court jiyili: be called upon to determine
whether^or dot the embankments .and
grades;-, of the Westernr.Pacific\in San
Joaquiri i county ar^ assessable. 1 •.\u25a0''".-. Only
recently- Coifnty. Assessor Moring- took
exception- to -the action off: the Sah
Joaq;:in / county "." board of super
visors striking- - the Western Pacific
assessment , from - . the rolls, "depriving
the county; of "the" jtaxfon $33,000 j .worth
of actual \u25a0improvements. l^* Mo ring 'corri
pelled the' supervisors to^ appear in the
superior -court and/show cause - why
.the •assessment should ,not" stand. The
court'held that the boardTof supervisors
had exceeded "Its 'authority. "The' West?
em \u25a0 Pad fie filed' notice~ J of, appeal * from
that->decisiQh'J" todays '\u25a0; • ...
; It ;is \u25a0undefstoQd""liere that the as
sessors of the 1 , several counties through"
which the ; road runs 1 have "signified
their ."'willingness to aid' in. prosecuting,
the suit. . . ; . \u0084 ; ; . . y.
M AIL ; CLERKS ITO * WORK ' C ?
AT SCALES FOR MONTH
Will Weigh v Air Clashes: of Matter
During Thirty Day Test Re
quired ; by / Congress " : \u25a0;•,' \u25a0{.
NEW. 'YORK,, Oct. 1 A-At • one minute
past midnight: this morning railroad
mail, clerks; throughout the country 'be
gan the weighing: of mails in; obedience
to a ; general -order; of the postmaster
geiierair;. Congress is ".responsible; for
this. 'In the regular Vappropriatibnf bill
for/the postal : service , approved I March
1 "the clause requiring -the weighing
for 30 days ' was Inserted.'^ In; former
years, in :order to arrive at an average,"
special .jve're' set aside; to der
termine^the amount of; certain classes of
mair. carried, over, certain- -roads,-. or,; ln
certain postal sections of the'iUnited
States.'- Theobject "of the SOdays' trial
is .to give the department ; and -congress
reliable statistics; to determine | the icost
of :haridling?and 1 transporting- different,
classesof; mall' matter. --; \u25a0. \u25a0
ATTEMPT TO WRECK CAR
ON NAPA VALLEY RAILROAD
Tie . Placed .' Across . Track : With
Intention of Hurling.'*. Coach ,V
/*\u25a0 From, Trestle, v' 1 - t
Special by Leased Wire to Tfie Call
;4VALLEJO. ; Oct// V— -Manager :1 L.; J.
Perry; of /-.the : Napa" Valley "f electric road
is : preparing '' to * offer I a reward ) for [ the
capture of 'the .fiendsTwlioJattempted Jto
wreck) aj, heavily s laden ;south^- ; bound
car.-. on .; that- line ;: last* evening. v A* big
tiej.was ''placed^, across -the -track*' near
the;_One \ Mile) house, 5 j us t * no rth*- of ! this
city,* and " the \u25a0 watchfulness : of : Motorman
Cornelius |.was| all % that i saved 'i the 1 car
from»leaylhg ; Uhe^trackYandyplunging
off Ia }. high !;_tre"stle*.to I. the : tules I below.
( The; car :,was r : stopped/; with/a' sudden
ness that'; threw^the^passengefstlnto'a
panic./- So? far" no""clew v has 'beent found:
The fear held ; more' than^ 1 00 ;. passengers
bound r. for/ San ; Franci sco from Napa
yalley.-points.' •-\u25a0 '••'•\u25a0. 7.7^'. V :\u25a0'
STRIKEIof' FIFTY LOGGERS
' TIES' UP/; A; LUMBER PLANT
Brookings in . San Bernar-
dino} County Refuses ". to ' ; Grant
/ \u25a0 : Hour Day," >X>,
Special 'tiyi Leased Wire to The Call i\
x;SACRAI^NTO,COct.^Ii— The? : strike
of^BO^lo'ggersTJand^ "millmen,7J\three
fou"rth\pf jthel ; force,'- almost* completely
tied ; up;! the jibiggest s lumbering s Industry!
of /^ the L'county Ctoday/f;*iThe ;\u25a0 strikers
walked rdowrilthejmoiintainltOithis^lty,'
a'distanceiof' 3o i miles;* tonights ;?jt ft. :>'>
v^Some^tlnTe,/ ago v the j^men ; asked, for
10 "i hours" a Vday il instead r of J ll;' r
Brookings! companyrderiiedith*e;demand
todayjandlthe'upper^jbggingicampand
.the^milljbecamegidle. ' '" ' ,
:of^umbefJaTday.^tThe^managersfct.im
\u25a0 theyJwilllb'e^able^toirunrit'Vto fuilpca-"
\u25a0pacityj.luntil sithe F.vvinterJ^snowjJ l - shut
'down^the>;plant,l;;as : ;the; J lakevis' J^ill
of logs!- ready i for.Hthe ": mill.- "- ' '- v ;" :
BOOK BINDERS RESTRAINED
jrViLOS? ANGELES,. Oct. I.— Local union
bo6k^binders;(dldiinotjg6|out|:onfstrlke
today^atff^pectedgand>E.^.T.-.!,Whlte7
business representativef' of^the^ allied
printing^trades^ Is : authority.; forlthe
statement|that|they ' Avill notf dofsofat
present3'deßpttejthe|dictum?"of|thelln^'
terhatlonalSuriion; . ~yv£ ; ;;iq^?
: ..- begins vith January and ends i^ fc^! r %
a , are inseason every day in every: U
>\u25a0 a taste that improves the flavor - Jf
ALLEGED FORGER CAUGHT
AFTER LONG PURSUIT
Attempts to Hide Himself
in Mojave • jDesert
Near Needles
Special hy Leased Wire to The Call
BAN> BERNARDINO. Oct. l.—M. H:
Payne, a former prominent railroad
construction contractor of Alva. Okla
homa,-was~ brought : to ithe county jail
today ,from ;an isolated mining : camp
far -down the Colorado r river on the
desert. *; The .have been on. i his
trail for six*;months; as< the result"of
an: indictment ' retuined by," the grand
Jury .?. ln : Oklahoma > last spring ;on the
charge. of , forgery.- ... \u0084
'£~L After .the -^alleged . crime Payne* start
ed? for, "the], coast 'and sought - to\bury
himself, on the; Mojave" desert.' J.He "first
secured 'V'w'ork' with '; the» Santa * Fe' com
pany:as ; boss of v construction : 'work,
and;; finding the trail too -hot/ resigned
and' went. to;an isolated 'district. \u25a0 :,
f A' warrant ( was, placed in the hands
of officials. -Payne went to
the river town after supplies" and an
officer 'captured " him ' at ; the point of : a
gun. «lj§§jiS§ijll»S&g|
STANDARD :; OIL OFFICIAL
'EXPLAINS TO GRAND JURY
Chief Rate ; Clerk of Alton ' Railroad
- j Summofted as ; Result of In- 1
;N; N \quiry^ at Chicago
CHICAGO. Oct. I.— James A. Moffatt.
president , ; of \u25a0'. the Standard ", oil *: corhV
panyj of twent before • the fed
eral fgrand -jury today to .explain his
public^, statement ithat f other :\u25a0 concerns
besides Uhe" Standards oil company had
beeni guilty ;of "rebating with^ the ' rrfil
r6ads;:-^::' f.. J -:^v; ; \u25a0 : . .
, A^subpena was < issued for ,F. S. Hol
land,'. 1 chief >ate \u25a0""\u25a0 clerk f< of "the, .'Alton
railroad. r It -is -declared : that* if'Hol
land,,as agent; forlthe Alton;? gtvesTevi
dence^inyolving^theralJroadierAlnally
in tother s'cases Ithe| Standard '"oil
ca.se) he'l will? obtain jimhiunity^far'h'im^
self, ..but not for "the; railroad, vr th"e! Alton
having been ;grahteti: immunity, only^ln
the case Jof the" Standard oil company. *.\u25a0"
It iwasj rumored s that :. the ; summoning
of Holland < was 'based i on) a statement
by ? Moffatt "that agents and "officials of
the V^Alton'" were : responsible', for. the
rates' granted.
SIXTEEN DIE IX LANDSLIDE
; ELf PASO. 5 Tex.,;Oct. , l.~Xewi reached
here HonUrht^of^ another^ «Hde~- in ;' the
Mexican Central ;,ballast*; quarries f near
Victoria 'ln; which, man 2£ laborers ".'were
burled Sixteen 'dead .'and '"\u25a0. eleven"
fatally J have , . been ; . taken out.
Its is I knowri' ; that' many} others are bur
ied - under/ the' tons ? of," earth jan d rock
with no hope 'of being'rescuedallve."^.^
OIL RIG DESTROYED
tvBAKERSFIELD; Oct. 1 1-7-rTools. which
did * not I fit -well - in* the : casing 1 sparked
and, i Igniting 1 intone i iof^the
wells on jthe^Black JackloiK company's
lease,? started ?_a\ fierce? Bre ; In ~,the Kern"
riyer/oilSfields vtbday.-i \$A~u derrick i rig
aridJcbnsiderable'.oil 'were.; destroyed. -? !
:.iSi B yepartment >m
" -//S^^ (^^.^C^^i</ : J^i/, " y '^ s ' rapidly making rafnaniejor Jtself.. - « I
y^y-t \u25a0 ' Oiif --general -line/ of M Silver-plated /| : J
\u25a0 "".I jv \u25a0ifii-'i Ware has always been • the' largest /<$ i
'I ii 1 l*i^^^f^i)^ivfi//ll^ v ''''-''^-- t '' : shown \u25a0' la* Sari^Francisco./ At* the" pres- : ••';.;
Ul in^^l^Jv^^^'^^^^?^ ts °^ to ' l^ e fact that we have the Fsi j
lurk rok*^^'^^^^^^ ' '-finest and ''.largest 'line of genuine
i^^^M- ppirNG SILVER t
:;. TABLENOVELTIES }
- Mp^ l^*^^^ '•\u25a0 in thiscity; The assortment is care- ?1 i
tSS'^S^^'"***- \u25a0"\u25a0\u25a0\u25a0\u25a0\u25a0? -\u25a0\u25a0'.' ful1 " selected: and^ offers many": suit-' W-
Vw*j3«? able sugge'stions*fof gifts; as. weir as 'for; personal' use.' >j£ •-\u25a0"
f Wrti&^ >"- > y v : Extend ; a ; Special InTitation .to Visit" This' Department, w
-..'^ .^'\u25a0C^--;\-"^» ?'•'\u25a0> ";^' *'-'-":--~y£ : ?:'l'/'~^ ' \-'«j \u25a0"-: ' '' " '\u25a0\u25a0' " '~& '
I Nat Kah l)oKrniai\h (o I
m\ /520/JSO VAIfNESS AVSiXJ,^
GRANGERS GATHER IN
ANNUAL CONVENTION
Delegates to State Body
" 'Will Discuss Pure
Food Laws
SAN JOSE, Oct. I. — The California
state^ grange met in -annual convention
this morning in Eagle hall. .Many dele
gates and -members of the local grange
attended. / rSSSiiSIK?!
W. V. Griffiths, of Geyersville, state
president. , was in the; chair, and the
following i other officers ; were present:
Overseer, J?.. AY.i Filcher,"-Folsom; lec
turer. F. W. Babb, Sam Jose; steward, E.
C Shoemaker, Vlsalia: assistant stew
ard.. N. >H. ' Root. ; Stockton; chaplain,
Mrs. : "C. *'F. : Emery. Oakland;" treasurer.
: Daniel Flint. '. Sacramento: secretary,
I Emily L.-, Burn ham;; Healds-burg; gate
; keeper? :S.';S.:Gladncy., Rosoville; . Flora.
Laura i>. Root. Stockton:" Pomona. Mrs.
! Lottie' V; .Mitchell.- Campbell: Ceres,
Mrsf Eliza .J. \u25a0 Farrell. Mountain View;
lady assistant;steward. Carrie- D. Han-'
sen.. Mills: "^organist. Mrs. Bessie Me
. Knight.' ; NTapa;^ '
\u25a0 ./The delegates present were the mas
ters r of the' various lodges and their
'wives-* They.- were as follows: Araer
ican.r River, No. ?172. F. W. Bush; Ben
nett Valley." No. 16, Thomas Collins;
Castoda, : No. - 522,- : »TV. 8.. Mathews;
DavisVlllc. S.W. E."f Stewart; Dinuba. No.
342,, F.S.- Clifton: Elk Grove, No. 86,
George ScTilymeyer; Eden.- No. 106, H.
V.-Monsoh;, Enterprise. No. 129. A..F.
Gunter;" Florin. No. 130, L. C. Stewart;
Goyserville.VW; .V. \u25a0 Griffiths; Glen
Ellen, -No.'- 299. N.S. Trowbrldge; Gold
Hill. No. 326. H. C. Hansen; Lincoln.
No. 318,' Mrs. -Rose L. Stevens; Magnolia,
No. 216. ;• E. E. Higgins; '\u25a0 Manteca. • No.'
340, i Louis E.v Walter: 'Napa, No. 307. F.
\ Pi? Robinson;^ Oakland, Mrs. C. . F. -Em
j ery;' Orchard iCity,": No.- 333, A. C. Kees-
Iling; Oresi, William Sieban; Petaluma.
I No. 23.- A: S. ' Hall: ; Potter! Valley.. No.
i 115,1 William -Eddie; No.* 308. G. H.
\u25a0Brigham: Roseville, "No. 161. A. van
Moran; Sacramento. No " 12, M. Hunt;
San; Jose, No.; 10. E. ,T. Pettit; ; Santa
Rosa. No."; 17,- Mrs. Martha Gamble;
Sebastopbl, -No. 306, Horace : Weeks;
Sunnyvale, -No. -331 iJ.; F. , Spaulding;
Tulare.'No. 198, F. H. Stiles; Two Rocks,
I No. 162. Mrs. : T. ; J. •"; King; Windsor. . No.
338, H. N/. N. \u25a0. Latimer ; Pomona Grange
No.:r 2: delegates. .'Sacramento county. H.
:C,-Maddox:, : Santa' Clara; county. No. 5.
: E.\C. Abbott; Sonoma county. M. B.
iMac.^-Vi.S'fV';':^ '.'.-^ \u0084-i v
: !?i ßoutine. business was transacted dur
ing r the r day. addresses '. being made by
prominent- ranchers : from . various por
tions' h of^ the^state.";- .This evening the
local,' grange will tender, a reception to
the'jstate: grand, officers/ A discussion
of /pure^food law, as "applied toUhe sul
phuring of fruit :1s 'scheduled for to
morrow." .=' l . - \,:, \u25a0
SOPHOMOHES DEFEAT SENIORS
,: STANFORD; UNIVERSITY. OcL I.—
The ; sophomore , Rugby v ' ; 15 : del eated * the
seniors In 7 the; final '< intercla'ss game of
thelseries * this, afternoon." 13 to ; s. The
game f was': played 'on,; the turf v before
a ; large i crowd .of ; enthusiastic "rooters
of lairf'classes.". . The ' sophomores .'out
played Itheirj opponents . ln* ; every phase
of; tile -game,/ ". .'•: ; -
-New. York "city is ; now; growing at
the rate of about 415 persons'each day.
HARRISBURG CAPITOL
CONSPIRACY' PROBED
, -. - • \u25a0'
. HARRISBURG. Pa.. Oct. 1. — Ten; of
the 14 -men involved in the capttol
prosecutions have been indicted by;the
Dauphin county grand jury on charges
of ,' conspiracy.
These men are mentioned In six true
bills found out of the 32 cases laid be
fore the grand jury yesterday.
Three of these indictments were re
turned last evening and three more
today.- ±-our cases may be considered
separately.
Spasms
St. Vitus r Dancer
Many persons who suf-
f erbd untold agonies from
epilepsy, fits, spasms, and
St. Vitus* Dance are to*
day well. The strengths
ening influence of Dr.
i Miles' Nervine upon the
\ shattered nerves having
t restored them to perfect
health.
"I endured agony that wonls caa» -
not express from St. Vitus* *daae4. -
which followed a very severe spell of
rheumatism. I doctored with a phy- *
slcian: but the more I took of his med-
icine the worse I pot. My mother's d*-
; votion saved me. After sne had becozna
almost heart-broke a . as well as phys-
ically exhausted, from constant- car%* -
\u25a0 by the advice of a" neighbor she proaur-
ed a bottle of Dr. Miles* Nervine. Froas
the : first dos* to the \u25a0 last a continual
change for ..the - better was <\u25a0 noticable.
and when I had taken eleven bottles
I was well, and In robust health." . •
ET>WARX> D. REAM.
North Manchester. Indiana.
"Our little boy Harry, had •pasta*
.for three years, and although we doe-
. tored with many i physicians,- he " con-
tinued to srow worse until he had taa
spasms In one week. --About that tlma
our attention was caKed to Dr. Mils**
Nervine.. We- began •grtvins it- to biia-
His Improvement -.seemed slow, but
when he had flalahed the fourth bot-
tle the spasms had disappeared, and
have not been seen now for years. W»
shall always recommend Dr. Miles'
Nervine." '
MRS. BELLE M. i TINDAIX.
Hastings. Neb.
Or. Milss' Nervine ts sold by you?
druggist, who \u25a0 will guarantee that tIM •
first bo* tfe will benefit. If It falla, no
will refund- your money. •
Miles Medical Co., Elkhart, lad
: •\u25a0-\u25a0-- ..,.,.. .
.• . \u0084 '
* _^
|
. '.TEA/:
Do you i know the dif- : ;
f erence % tea and t ea *? tan-
-nin and tea? herb-tea and;
Your, grocer returns ymir "money if j-oo
don*t like S>chillis?*s Best;- we pay htm.
ALL SIZSS^ALi; STYLES
Ovtr 1 00 , kinds from '\u25a0 which', to ' select.
W.T. HESS, Notary Pnblic
\u25a0 - noOJIS > 407 \u25a0SiCO CALL BLDG.
At Residence. 1480 Page Streev-B«-
xween T p. m. and 8 p. m.;
•:<- \u25a0:\u25a0\u25a0\u25a0\u25a0 .'-,:\u25a0 .-.-.- \u0084 .. -.•;-."
J. B. .McI.YTYUi; , BI>'DERY . • CO, 1
B v iik b Inil e > * ."';.""
11GI-11K5 Howard Street. \u25a0•
4 -BETWEEX: SEVENTH ASD-KIGHTH.;
Tel. N"o.vWest lS2s.^S»n .Fwuefcicw.'.v^
-PROPOSALS
SEALED PROPOSALS ' will rbe "ret-elT*'d .'it'lttia?
• of ac; up to 'J p. \u25a0 m. : oo Thnrsday. October 17.
• 1907. 1 \u25a0 aad * then op^ae*! \u25a0" for electric wiring^tn
the » Coitwl^ Sutes . Ini9i!?mil,>a Station. . A3;»I
i.-lsad. California. P*rtU"/its «s to limlta.
. tioos governing bidder* xxnr be obtataMd^opoa
. application' to . WALTER J. • MATHEWSt 9SB
Broadway, OailawLi CaOlTorala. , \u25a0 -
7