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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, November 13, 1907, Image 2

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< oof tuned from Col. 1, Pitge 1
; the proposed extra cession. 'I •will
take the matter up at once and
"will decide in a few days. I have befen
informed that a great deal of cbrre
j Bpondence has reached my desk in
Sacramento bearing on the proposed
session, and I \u25a0will have to go through
that. There are letters and tele
grams Irom every section of the etate,
and after giving my attention to this
correspondence I will be in a position
to decide. I discussed the situation to
day with some of the representatives
of the savings banks and with Attor
ney General TVebb. We considered all \
phase* of the situation, but no definite
conclusions were reached."
The holidays will continue through
out the week, according to the present |
' plans. Ac business Is rapidly assuming !
its normal tone it is believed that an
other week will serve to improve the
situation greatly.
Payments of gold and silver coin by
the I'nlted States subtreasury to San
Francisco merchants and businessmen,
on New York transfers, amounted yes
; terday to $875,000. Two hundred thou
\u25a0 sand of this went over to Oakland,
while smaller sums were sent to Berke
ley, Reno and Stockton banks. This
makes about $8,000,000 which has been
paid out by the subtreasury since the
'money trouble began.
Custom house receipts for the last
two days have been respectively $&i,
\u25a0€7s and $26,331. The total gold receipts
for the month so far have amounted
to $366,600.
Bankers generally were able to re
port a still further improvement in the
(Situation yesterday. Business was
; brisk and a growing feeling of con
fidence was apparent.
• "One of the best Indications of re
turning: confidence," said a banker yes
terday, "is the fact that stocks are be
, Ing: bought again here and in New York
\u25a0In small lots. That means that the
, email investor is In the market again.
You see. ' the thing is righting itself
f automatically. First there is a little
i flurry; stocks go down; people become
jiiightened and put their money away in
f safe deposit boxes. Then when stocks
j continue to g-o down they reach a point
| trhere their purchase is obviously such
, a. fine investment that the money comes
I out of the cafe deposit boxes, goes into
and the market rights itself.
'This means a new upward movement"
The loan committee of the clearing
j house held a regular session yesterday.
I The situation was reviewed and a gen
eral Improvement noted.
Anonymous Letters Start
Run on a Portland Bank
Strong Institution Pays Out Two
Millions and Susperfds
PORTLAND. Ore.. Nov.' 12.— The Mer
; chants' national bank of this city Is for '
; the time being in the hands of the
1 comptroller of the currency. While
strictly solvent the bank has been
obliged to close its doors, awaiting the
; advice of the comptroller, to whom it
has wired details of the situation. Fol
' lowing is the statement of J. Frank
"Wilson, president O f the Merchants" na
tional bank:
"Since the failure of the Oregon
. trust and pavings bank last August
w« have paid put* cf our deposits
$2,300,000. and cf this sum we have
liquidated more than $1. 500.000 since
the holiday season commenced. "We
attribute this special run on our bank
to the fact that vicious rumors about
our bank were started at that time
and kept up continually ever since the
holiday Reason began. In fact, we have
\u25a0been informed by some of our.depos
: ilors that they have received anony
mous letters and messages by tele
phone from anonymous sources ad
vising them to withdraw their funds.
"The clearing house association
\u25a0 loaned us up to the limit permitted
• by the national banking act of $250,000.
; The amount of our capital and our New
: York correspondent, the Hanover na
f*lonal, the National Bank of Commerce
lm.ni. the Merchants' national united In
;p.n offer of all assistance needed to tide
tis over the emergency, but we were,
j«f course, prevented from availing our
selves of this tender of assistance also
-by the national banking act The Mer-
I chants* national bank Is absolutely
'eolvent and we are confident we shall
;be able to resume operations in a
e-hcrt time."
Bank of Oakland
Closes Doors Temporarily
Assures Depositors That Their In -
terests Are Not Imperiled
OAKLAND. Nov. 12.— The California
i frank, of which D. Edward Collins is
(president did not open its doors this
jinorning. notice being posted that it
jv.as closed on account of the legal holi
•<3ays. The bank's branch at East Four
teenth street and Twenty-third avenue
e.lso was closed. The directors Issued
the following statement:
Tb« board of directors bas decided to elos*
\u25a0 this ben* fir tbe present, This action has been
' taken In the best Interests of th« bank and it»
depositors. Tbe bank is solvent and the de-
I positors ar» fully protected.
The California bank's action followed"
.the closing of William Collins & Son's
Jbank of Ventura, of which D. Edward
[Collins is president also. The Cali
fornia bank's directorate Is as follows:
D. Edward Collins, president; J. .W.
Phillips, vice president; Frank H.
Brooks, cashier; George S. Lackie, as
sistant cashier: directors — J. W. Phil
lips, William Rutherford, J. S. Collins,
D. Edward Collins, Benjamin Smith,
James P. Taylor and John B. Richard
. son.
Wolfe and Kennedy Confer With the
State Executive
State Senators Eddie Wolfe and
Thomas J. Kennedy called upon Gov
ernor Gillett yesterday morning and
discussed with him matters pertaining
to the proposed extra session. The
question of bringing: up before the
legislature the charter amendments ln
creaeins'the salaries of the policemen
.end firemen was taken up, but the gov
ernor did riot say positively, whether
he would incorporate these measures In
the call.
\TASHINGTOX. Nov. 12.— Secretary
Oortelyou said today on leaving the
cabinet meeting that financial matters
had not been considered during the ses
plon; that the outlook was steadily lm
pVoving. principally in New York; that
relief was being extended qylte freely
to the middle west, principally to St.
J-rfjuiS.* This did not indicate that the
situation in 'that locality w^as serious,
lie riad. but simply showed a general,
easing up of the stringent conditions.
\K*n*' ?fi0.000.000 MARK
KEVT YORK, Nov. 12.-^^6 movement
of gold, from the vaults of European
banks to the y United States, which has
been in progress for several weeks. . in
T»'H»ch the unprecedented total of nearly
Paper Read at Fairmont Ban
quet Widely Discussed
by Businessmen
Claims Such an Institution
Would Have Prevented
Present Trouble
The paper read Monday night, by
Frank B. Anderson, manager of the
Bank of California, at the banquet
given at the Fairmont hotel to the
California delegation, has aroused deep
Interest In financial circles. The
speaker traced the causes of the pres
ent stringency and proposed a solu
tion. He advocates, the formation of
a central bank, which shall have as its
clients only the national government
and the regular banks of the country.
Anderson proposed a double board of
managers for such a centrar bank,' one
to be chosen by the bankers belonging
to the organization and the other by
the government. He proposed- that
these two directorates select the
officers. i
The plan suggested follows to some
extent that prevailing in Germany.
Anderson suggested that the govern
ment become a depositor In the central
bank and check against its balances
Just as an Individual would.
He suggested that the central bank
be given the privilege of issuing notes,
placing the limit high enough to an
swer the demands of busness. He sug
gested that the bank be allowed to lend
money to Its stock "holders (the banks
of the country) against good live trade
paper, and that by lending on bills re
ceivable on products on their way to
market the bank could facilitate
greatly the movement "of crops.
"Our national prosperity," said An
derson, "is based on our crops, and it
is senseless to stick to a system that
hampers their raarkering."
In discussing the possible objections
to the plan of a central bank Anderson
scouted the idea that it woiild neces
sarily come to be used for political pur
poses. He stated. that the danger was
far less than under the present system,
which allows one man (the secretary
of the treasury) to dispose of some
thing like $240,000,000 of government
money among the national banks of the
country as he •wills. . y ;* "
Anderson said that a central bank
in the present emergency, would have
been able, by regulation of its note is
sues, to prevent the great fluctuation
in the "fates of interest. He advanced
the theory«that it would have had the
power to curb speculation and expan
sion, "for its ability to fix the rate of
interest and to issue notes would have
controlled the money market and would
have swayed public opinion at the
proper time." Continuing Anderson
"It would have responded to the
needs of business; It would have kept
the rate of Interest steady, raising it or
lowering It gradually, according to the
pressure. The resources of the federal
treasury would have, been at its com
mand to use in .relieving the entire
country, instead of being poured Into
New York to be held there against all
The speaker argued that the men in
charge of the central bank would be
In a position t© protect It from, pro
longed drain upon its 'reserves by* rea
son of their Intimate association with
the business of the country.
He opposed the alternate schemes
proposed as further -patches on a
patchwork system. He expressed his
disapproval of the suggestion that na
tional banks be allowed to issue addi
tional notes under a graduated tax.
Anderson then reviewed the financial
difficulties of Jackson's administration
and. turning to the California senators
and congressmen, said:
"Let me appeal to you gentlemen
who represent California in Washing
ton •' to lend your aid to the establish
ment of a central bank, with branches
In the main cities. We, the bankers of
the country, will put up the capital,
$50,000,000 or $150.000,000 — whatever is
necessary. You can have all the su
pervision you \u25a0want — a board of . di
rectors to co-operate with our board of
management — but do not, I beg of you,
sit In your seats and vote to add one
more variegated patch to a poor old
pair of trousers that is now nothing
but a patch." . : >? : .
$60,000,000 has been engaged abroad,
still continues.
Tht-total, which passed the 855,000,000
mark yesterday, was Increased today
when the Illinois trust and savings
bank of Chicago completed negotiations
for the importation of $1,000,000 and
Heidelbacb, Ickelheixner & Co., engaged
another $1,500,000, bringing the total to
$57,780,000. The National Bank of Chi
cago also engaged $200,000.
.LONPON, Nov. 12.— The United States
today bought £393,000. in bar gold and
£56.000 in American eagles from the
Bank of England.
The legal holidays being called by
the governor are making: business
exceedingly light at the' tax col
lector's office, as the payments are slow
In coming in, even in cases where only
a few dollars are concerned. It is
estimated that\ about 3,000 bills less'
are being paid each day than during
the same period in 1906. As clearing
house certificates are not being" ac
cepted in payment^for taxes, '. but few
of -the smaller property owners are in
a position to pay their bills. , Others,
It Is believed, are holding off their pay
ments in the expectation that- the time
for collection .of: the first ins.— ment
will be extended until next' year and
the money they have on hand- they pre
fer keeping to meet other, expenses. "
CHICAGO. Nov. 12.— The - Clearing
House association announced " today,
after a of its members, that
no clearing house checks will be issued
in this city immediately. It is ' % the
opinion of the local bankers that. the
situation will right itself without
competing the banks to resort to clear
ing house scrip, and a plan has been
proposed by which 'the bank embargo
against the payment of currency can
be lifted gradually.
- HAVANA, Nov. 12— Owing to a mis^
understanding of a paragraph in tne
governmental decree, offering $5,000,
000 to the banks of Cuba to meet crop
demands, it was presumed that ; this
money was to pay 6; per ; cent: inter
est. The facts are. 1 however, that the
loan does not carry interest. until July
15, 1908.
WASHINGTON. ' Nov: 12.— James A.
Cobb, a negro, has been appointed
special assistant United States attor
ney for the district of Columbia.
Headaches and .Vcurnlgln From Colds
La Mtlre Bromo . Quinine, . ' the ' world . wide
Cold andiGrip remedy, removes cause. Call for
full name. Look for signature E. W. Gro\e.'2sc •
Mass of Evidence Against
California Title Insurance
Methods of Concern to Be
Assailed and "Policies"
At a^^meetlng. of ..the .supervisors*
committee on outside lands today Sam
uel Adelsteln and others will register
a vigorous protest against any indorse
ment by the supervisors of the records
of the California title Insurance and
trust company as secondary evidence of
title to outside lands. - . / . / •
Attorney R,.H. Countryman' will rep
resent Adelstein and on his behalf will
present to the committee a mass of evi
dence, documentary and oral, tending
to show that the co called "policies" of
this concern are so framed as : to be of
little if any. value; that Its methods
are so loose and its mistakes so numer
ous as' to jeopardize the Interests of
property owners 'relying upon its rec
ords, and that it Is. trying for its own
advantage to discredit the procedure
provided for in the McEnerney act.
Since his own unpleasant experience
with this company .Adelstein has found
numerous others with" similar ', griev
ances and .he is prepared, he declares,'
to prove beyond question that it is
entirely unreliable. . .
The . proceedings today come up
through the Napplicatlon of the Cali
i fornia title insurance and trust com
pany, other title "insurance companies
and private citizens tor* deeds to out
side lands under the provisions of. the
act of March, 1870. The special session
of the legislature in June, 1906, passed
an act providing for the admission of
secondary evidence of titles ln-cburts
when primary evidence was not avail
able, and provided that certain records
of abstract and title companies might
be considered as secondary evidence.
The title companies want . the super
visors* committee to establish a prece
dent of accepting their .records, jas
evidence, but Samuel Adelstein,
J. H. Boyer and others, who have
found errors and misleading clauses In
policies furnished by the California title
insurance and trust company," object
to the supervisors recognizing its rec
ords, declaring that they are imperfect;
There has been no opposition? to i. the
records of other concerns of this kind.
The California title Insurance and
trust company contends and will prob
ably Insist before the supervisors' com
mittee this afternoon" that It/ has the
only sure method of securing titles to
San Francisco property. It would have
th-e supervisors decide that its abstracts
shall be accepted as secondary evi
dence in all outside land proceedings.
Adelstein and his colleagues in the
fight against the company will present
evidence tending to ; ' show that those
abstracts, which would cost about $7-5
each, are unreliable and do not Insure
as they should as they are ad
vertised to.
As an alternative of -securing' ab
stracts from the .title company any
property owner has, it is claimed, the
simple expedient of ; perfecting. title un
der the McEnerney • act at ; a -nominal
cost of from $35 to $50. -.-.\u25a0_. i \u0084
. The 'supreme court has fully yali-,
dated- the . McEnerney. act vh Before the
courts of California it. Is; the last word
In perfecting titles affected by. the fire
of 1906. But for its own ends the Cali
fornia . title Insu ranee and % trust com
pany is attacking the McEnerney act.
In a circular which Adelstein declares
is grossly misleading the company
fays :
"There is no reason why you should
take any step to quiet title under the
McEnerney act. This company by its
own records can prove your title to be
good and can disprove any false title
set up against you. The clamor for th«
so called 'quieting of titles' under the
McEnerney act is unreasonable. Titles
cannot be quieted under that act. We
are' advised that tho federal courts will
declare the McEnfcrney r act void."
As for tho insinuation against the
validity of the McEnerney act,- it is
puerile 'and lacks originality. During
the last five months San Francisco has
had- the questionable privilege of listen-
Ing: to Eug<»ne Schmitz, Calhoun, Glass
and a few others tell how the, supreme
court would invalidate the! grand jury/
But the supreme court held, the grand
Jury good and Its Indictments to be
better. The speculations of vthe preju
diced title Insurance company on what
the federal courts may,%o don't count
for much. .
/James H. Boyer, an attorney of.Oak
land with, offices In" the Bacon . block,
has written to the supervisors of his
experience with the company. He sent
a copy 'of his letter to Adelstein, with
the remark: "Any "service that I can
render, you - and the general' public In
this matter I shalT be pleased to do."
Tne letter to the supervisors followo:
dakland. Not. H, 1907.
\u25a0 Geatleiaen — Ha ring read In this . morning*
and yesterdaj-'s Call of the efforts being made
by the California title . insurance and , trust com
pany to Induce tbe outside lands committee of
your ; honorable body to accept and pay for 'its
records, and tbe opposition thereto. 111 1 < take thin
opportunity, as a land owner in San Francisco ; of
calling your attention to - tbe wortblessness of
tbe. records of said company. .. ' . . -
On October B, 1906, at tbe , request of John
McCartbr, *\u25a0 the - California \u0084 title Insurance ; and
trust company . Issued " a " report ; upon . tbe ~ title
to Tot 757 In gift map 2, San Francisco, and
enumerated a«ven objections to the . title of th<t
then" owner,' Louise Mattner, . briefly as follows,
Tit: •.- \u25a0 .'-, < \u25a0\u25a0\u25a0\u25a0' --- . .i ..^'. ..
. j"1. . Extinction of title of Sarerlo ' Martlno
rJcb, ' deceased.'..' ? A decree of final distribution
had . been filed > and recorded In this estate in
IROB. See Martlnorlcb ts. Marslcano," 137 Cal.,
355, but said company . bad -no record thereof.
' "2. . The foUo-irinx suits" to be J dismissed.
"What ,became-;of,, became -; of, them?",. Then followed a
reference ' to three . superior . court . suits, til •of
which had been fpi tied \u25a0 and ;. dismissed years
ago.'- Why should' said^ title company, ask what
became of tbe suits ? If they ~ had any record
of title at all they ° would . show what becam*
of the sufts. H < a ßiWSß '\u25a0'-\u25a0; •
"3. . Attachment dated, ".' etc.. This attach
ment was released of - record \u25a0 six , years ago. .
. "4. \u25a0 Premises should be ' redeemed -from the
following ; tax sales." .\u25a0\u25a0-\u25a0'•., \ : \u25a0 \u25a0-
This i property as sold for 'delinquent taxes In
18S7 ' and \u25a0 1888 : to - private ; purchasers under -the
old law, and said purchasers ; were made-de
fendants In a suit \u25a0to quiet title, and ' suffered
default and a final judgment was rendered against
them In \u25a0 .1901 . - If \u25a0 the \u25a0 California : title Insurance
and : trust company's- records : are. worthy ; of. any
thing, ; why do • they <not show these facts? \
- In order to . satisfy . the 5 officers ;of the . title
company \u25a0•" of - thA fact - that said :. property ' was
free of liens and lncumbrances It was necessary
for "me to furnish them < certificates .; from ? the
attorneys who . represented the " parties plaintiff
In the aforesaid ; actions and \u25a0 show them - the
records in . the • case ; of ; MartlnoTleh ts. - Maral
cano. ~jg6aßtwßsw^BjSWß3! i i^SWßj|qaßWßßMWt
\u25a0 I • should be pleased ito furnlnh ' your I body : the
original -. report of said ; company on said v title
whenerer,-. you ~, desire "• It. "* 1 1 -.. is • conclusive - that
their \u25a0 records ' are - Incomplete : . and -. wholly . unre
; Uable > and j that - their . policies •of \u25a0< Insurance \u25a0 are
not 'worthy the 1 paper /upon * which'- they \u25a0*. are
written. , Very truly yours, >•" \u25a0'. J. H." BOYER. '
That the" California , title insurance
company belittles the McEnerney. act in
•every way is shown by-' the' followiug
letter: ..
1017 Forty-fifth st.. City, July 3. 190 T.
J. W. Wright & Co.; city.'
Dear' Sir— The , California - title Insurance'; and
trust company said , ; that' your i, title; eompanj-—
the title insurance -^ and i guarantee i company
would' have : to c come i down t and fix , these : objec
tions to the deed, right away. '^ Please , make it a
point 'to see that- they do. Ha also 6aid tkai,
Strong Club Declares Its
! Independence of Ma
Men of Prominence Address
• the Members on the Ist
' sues of the Day .'
Special by Leased Wire to The Call 1
PALO. ALTO, Nov. 12.— The Republi
can club of Paid Alto issued its declara
tion of independence tonight at a ban
quet which was* attended by 150 promi
nent members of the party in the Santa
Clara valley. Great enthusiasm pre
vailed and .every: reference to the re—
cent victory, -of 'clean government- in
California { was greeted with applause.'
The direct primary was hailed, as the
path to' freedom, the way to cast off
theehackles of the machine.
The banquet was., held in Jordan's
hall and proved- to be the most success
ful political gathering that has been
held here \ in < several years. , ;
S. "W. Charles, president of the Re-,
publican club of Palo Alto,, opened the
speech making and introduced State
Senator Marshall Black, who. acted, as
toastmaster. Congressman E. r A. Hayes
spoke on the subject "Experiences; In
Congress.".. He referred to the methods
of legislation and j told of some of his
personal experiences at the national
Code Commissioner J. W. Willey dis
cussed "The Good Citizen as a Politi-
! cian." Professor J.O. Griffln took as
: his, topic "Governor Hughes." The chief
executive of New York was at one time
a professor at Cornell universityand is
a personal, friend of Dr. Griffin.. "Local
Independence" was the theme of "W. A.
Beasley of San Jose. R. G. Guyett
spoke on "Sari Francisco Politics"/ and
George A. Van Smyth on "The Direct
Primary." \ ." \u25a0'::\u25a0\u25a0 i
In the informal discussion that fol
lowed genei'al approval was given to
the direct primary and plans . '• were
made to secure its adoption in Cali
An orchestra provided music during
the'banquet and solos were sung by H.
Roland Roberts, Dr. George B. Little,
F. F. Jeffers and H.' Detrick. ,';
GOLDFIEL.b,-\rev., Nov. 12.— Charles
Rlley, superintendent of the Silver
Pick and Lone Star mining properties,
committed suicide this morning by
shooting himself In the head with a
shotgun. According to his wife, Rlley
had . been drinking heavily recently
and was despondent because of _,- the
closing down of the mine.
Mrs. Riley left the house to visit a
neighbor this morning and when she
returned found her husband, dead on
the bed with the gun beside' him." He
had pressed the trigger with his right
foot. - Rlley : came from Victor, Colo.,
three years ago. He leaves a wife
and two small children.
the McEnerneyJact only. clouded the title. 1 -. Whst
do you think -of n man pay in« $5 to cloud his
title?. Trnating that' you will attend .to the
matter at once, 1 remain yours truly,. -
Concerning the tactics of the com
pany In attacking the McEnerney act
Samuel Adelstein says:, . 'V
. "For selfish, and ulterior motives the
California 5 title insurance and trust
company ': has the effrontery to declare
in its. printed advertisement that' titles
to property in tills city, cannot' be quiet
ed-under the McEnerney act— this in
the face of the fact that. the validity of
the McEnerney act has been fully sus
tained by the supreme court. The fact
that you have your deeds and mort-.
gages rer-recorded , does not . make your
title good; the fact that one has an ab
stract or an insurance policy, of a title
insurance, company is no batter. • \u25a0
"The McEnerney act enables the prop
erty owner to obtain an absolutely per
fect title to "his. land at a minimum of
expense and delay, whereas the Cali
fornia title insurance ; and trust com
pany falsely claims to have att abso
lutely correct and complete plan t\ and
seeks. to compel the public to have re
course to It 3 faulty plant- and insist
upon title Insurance by it in place of
title restoration by. law. . •-,
, "If any or.c will carefully read the
policies of the California title . insur
ance and trust Company he will learn
that: this company agrees only to in
demnify the policy holder and will as-
Bume no liability ."until: the. policy hold
er'is actually evicted under -.an/ adverse
title or after a decision vfromy a court
of last resort. Whatever improvements
a man may have, made on his property,
however-, comfortably., he may have es
tablished his home, all this \he loses,
minus ; .hJs title.; insurance,^ if \through
some " flaw : in the ': report of the title
company the owner has riot : been made
aware/of a fault in the title. -He i»
subjected to. the loss: of all enhance
ment; of value which he. has, given to
the land ; under the > feeling ': of . security
based, as It were, on a bubble.:/, As the
records of the company, now stand they
are incorrect, imporfect, incomplete and
defective, in that', the concern hasr no,
complete irecord '. of Judgments of ; the
probate, department of ; the . superior
court nor of the release of mortgages."
' NEW. i . YORK, i- Nov. . . 1 2.— Brokerage
houses ' here : which make a . specialty of
dealing in : small -lots of standard In
dustrial and railroad /shares ".continue
to be ewamped /with work, and houses
with r foreign, f conectlons report: a wave
of , buying: orders from Europe! which
is; unprecedented., The transfer office
of/the > United \u25a0 States / Steel corporation
is? a ..week behind. :."' The . Union Pacific
and Southern -VJ^aciflo' railroads report
an ' Increase in the V number- of stock
holders lat the rate of . 300 , a day." The
Rock : ; Island road has 1 opened between
500 and 600 •* new accounts ; in the . last
six /weeks. 1 Chicago, Milwaukee and
St."; Paul " stock •\u25a0 holders have ' increased
by. 600 in -two .weeks.' The "activity
in: \u25a0 Pennsylvania : railroad ;\u25a0* stock .has
been- so- great -.that /figures are unob
tainable.: '• ':" . • / \u25a0"
WILL COIN fs2^M)o^>oo
.:,', PHILADELPHIA, ;\u25a0'_ Nov. . 12.— The
United' iStates : mint today delivered
$ 1,000,000 - in' gold double ; eagles , to , the
subtreasury ' ; In 'this ; city./ .It ,1s :. stated
that': within- the ; next three months the
mint here will coin $52,000,000: inj double
eagles. This [enormous : amount of gold
will beV distributed" among the. 6ubr
treasuries lin various ' parts \ of 'the coun
try and :will ;:be ; employed, to relieve,
the money stringency.^
SANTA : RpSA; Nov.U2.^rJames':GoQd
mari,v a; pioneer .of county, was
seriously, injured? - un-"
loading ; hayi the j f ork Ton _ which he was
..supporting.^ himself (gave.-way, and; he
fell % across^; a' ; <. wagon ; .wheel,^; breaking
three ribs/ / f \ _ '^(
Brief Is Filed in Circuit
: Court by Magnate's
Lawyers Say Interstate Com
merce Commission Has
No Jurisdiction
£ NEW YORK. Nov. 13. I—The1 — The reasons
given by E. H. Harriman why he should
not answer certain questions put to him
during. an investigation by. the. Inter
state commerce commission are put
forth in a brief, which has been filed
hy former Judge R. S.. Lovett, counsel
for Harrlman., - - ' '
The. proceedings brought by the com
mission ;to compel Harrlman to 'answer
the questions will go before Judge
Hough of the . United. States circuit
court tomorrow. ;, The principal point In
the brief is the contention that the acts
concerning which Harriman was ques
tioned did not relate \to interstate
commerce nor v to a violation of the-in
terstate commerce act, but were de
signed to 'compel- disclosures by him
of transactions for which "had they
taken place' neither the commission
nor the congress of the United States
could afford a constitutional remedy."
\u0084The brief also sets forth that Harrl
man does not admit that the interstate
commerce commission. has' any powers
other - than ' those conferred by act of
congress February 8, 1887, and the
amendments thereto. The questions to
v/hich Harrlman objected related to the
purchase of stock: of other railroads In
the interests of the Union Pacific and
tc the Union Pajzlflc dividend.
In ; regard to the $28,000,000 of ll
linoiß Central purchased at $175 a.
share, the questions which Harriman
declined to answer were as follows:.
Were 4h« 0,000 shares sold by yourself, Mr.
Kogers and Mr. Stllltnan pooled? Was it acquired
for > the purpose .of selling it to - tne Union
Was tbe stock purchased fey you at a much
lower price than $175 with , the Intention of
turning It over to the Union Pacific?
Did you have any Interest in 15,000 share*
sold at the time by uuhn, Loeb &. Co. to the
Union Pacific?
' On the subject of the Union Pacific
dividend, which was advanced from a
rate of 6 per cent to 10 per cent per
annum on "August 15, 1906, with a con
sequent rise in the price of the stock,
.Harriman declined to answer the fol
Were yon directly or indirectly interested in
any stocks that were bought between the 18th
of July and the 17tn of August that appre
ciated _ln value? - . "
Did you or any director buy any . Union and
Southern Pacific stock in anticipation of that
In the brief -the following reasons
are. given why Harriman should not
givfi the information sought by the
commission: . .
First — Said questions did not relate to com
merce with foreign nations or among the sev
eral states or with the Indian tribes or to any
transactions In such commerce, nor, however
answered; would they tend to show any viola
tion of the . provisions of the said act to regu
late: commerce .or any other law of the United
States, or any law which congress could con
stitutionally enact and make operative upon any
corporation created by and deriving its fran
chises and powers from a state; but said
questions, did relate to the business and affairs
of those respondent having no relation to. such
commerce and' were designed to compel a dis
closure by this . respondent to a purely admin
istrative *\u25a0 body . of transactions, for which, had
they taken place, neither the . said commission
nor \u25a0- the : congress of the' United States could
afford a constitutional • remedy. : :.
-.-Second — If the act approved In r 1887 be con
strued to give the Interstate commerce com
mission power to Inquire - into the business of
Harriman having do relation to interstate com
merce, such construction it in violation of the
constitution of the United States and void.
Third — To compel response to the questions
asked, . save in a court of competent jurisdic
tion, would deprive the respondent (Harrlman)
of liberty, without due process of law, contrary
to article 5 of the amendments of the con
stitution of the United States.-. ;
Fourth — The questions \ did not relate to the
business of the Union Pacific railway . company,
the Southern Pacific company, the Oregon Short
Line railway company and the Oregon BaUroad
and Navigation company as common carriers, nor
to the Interstate transportation of goods 05 per
sons by such companien. - \u25a0 . , . -
Fifth — The commission's Inquiry at which
the questions were asked was not based on any
complaint of anything done or omitted to be
done by : the < companies named above, in con
traTuntion of tho laterstatft commerce law. .
Sixth — If the interstate commerce act be
construed as . authorizing and - empowering * the
commission in the conduct of an Inquiry or in
vestlgatlon without any complaint having been
made to it, or any statement of charges contained
in any such complaint having been presented to
any such common carrier or : the ' respondent
(Harriman), to put -the said questions .to this
. respondent - and require him to answer 'the
same, such.- Is in violation of the provision of
article 5 of the amendments of the constitu
tion of -the United . States, which provides that
do person shall.be deprived of liberty or property
without process of law.
Seventh — The order made by th» Interstate
commerce commission on November 15, 1906, on
the subject Is so general, \u25a0: vague and Indefinite
In its terms as to fair to define any matter las
being under Investigation,, either with respect to
the - Union Pacific railway company or any
other person or corporation, and the said ques
tions were not \u25a0 pertinent or relevant . to any
inquiry alleged or claimed to have been author
ized hereby.
TRINIDAD, Colo., Nov. 12. — Checks
and currency.: amounting to $22,000,
Intended to pay the .wages of the Car
bon-coal and coke company's miners
at . Cokedale, - were lost or ; stolen yes
terday afternoon while in: transit in a
stage from ithe " railroad : . station '\u25a0 to the
camp, : a distance of only - two miles.
Charles McComber, driver of the stage,
was "arrested on L suspicion, but he de
clares he knows f nothing about the al
leged .theft." .The money package had
been carelessly, thrown with other ex
press matter. 1 into the stage.
, DANVILLE, 111., Nov. 12. — In an In
terview;; today Senator " Tlllman of
South Carolina ' declared •'. that President
Roosevelt - will not accept . a third term
and "that: Speaker « Cannon will be the
republican nominee. . :•
\u25a0 Equal m appearance, in fit. and
%in wearing qualities, the piro^
> '/duciioD''6fi'tlw_.'weful;aiBt(m''';
shop. They arc exceptionaDy
- good value at $ 1 .5 0 and more. }
V,:eLurrT, peabody a co.
\u25a0-\u25a0 -; >-;;. U AKCWB \u25a0or AMWOw COLLAHS yj{,'
Movement Will Be Given
•;• Formal Sendoff Early
in December
No' Attempt IWill Be Made
to Deprive Nebraskan
' of Nomination
Special by Leased Wire to The Call
CHICAGO, Nov. 12.— William Jen
nings Bryan will take up his presi
dential boom with local democratic
leaders at a conference to be held
here December 6. This is one definite
result of his - two hours* visit in Chi
cago yesterday, during which the
Nebraskan met a few of the politi
cians and expressed a desire to re
turn at a later date to "talk politics,"
: Before the time for the conference
will have arrived, It is understood,
democratic national lines of campaign
will be pretty well drawn. It was
learned today that big party chiefs
are to meet the latter part of this
month at French Lick Springs to
formulate' plans for the democratic na
tional convention.
The big fellows In democratlo
councils Insist that at this time there
is no systematic effort afoot to stem
the tide of. Bryan sentiment. Men
who do not believe in the principles
enunciated by the Nebraskan declare
they are satisfied to give him the dem
ocratic nomination for president again
If he wants it, and think he can win
against Roosevelt or some of her re
publican standing for the Roosevelt
Agreement Reached by Attorneys
Representing Insurance Company
and Local Policy Holders
ATLANTA, Ga., Nov. 12. — An agree
ment was reached yesterday between
attorneys representing the Atlanta-
Birmingham fire Insurance compnay of
Atlanta and claimants against the com
pany by which all losses sustained In
the fire following the San Francisco
earthquake would be settled for 30
cents on the dollar.
The company, whose liabilities are
now placed, at about ? 1.000,000 and its
assets at 1600.000, was placed In. the
hands of a receiver shortly after the
San Francisco disaster. The agreement
reached was presented to United States
Judge Newman and was referred by
him to Special Master Slaton, who set
December 10 for a hearing in the mat
ter. . '.. -
ROSEBURG, Ore., Nov. 12.— Hiram
Shook and Manse Klncald are dead and
Lewis Pinchette has a bullet in his
shoulder as the result of a gun fight
with two brothers named Carlisle in
a little mountain valley along Yellow
Creek, 15 miles west of Oakland. Ore.
The trouble resulted from a dispute
over a hdinestead. The Carlisle broth
ers are under arrest. T|iey assert the
shooting was in self-defense.
ready 'for thanksgiving?
T&e Early Shopper Catches the Best Values
\u25a0^dßKaiir > T* HERE'S not much time left for ThinksyiTinic Par
, * preparation*, and we would adTise you to set th*
reSyTv.- * J^ljF "i I thins* neetled for that occasion now Instead <>f
vlfflfot»"*''-''-**-W waiting till the last moment. For tl^s coming holt-
VfttWi- da^ s we haTe gathered abundantly of th» bpst kinds of
\u25a0 PARTMENTS. and our economically low prices win
fjr3nHX"* place, these goods within th« reach of all. Toa will
s'S&xz. \u2666'"• w -^^. ' eel mityed after visiting enr store and bnrln? jour
y^S^^&C^ P° ts and MB 3 , dishes and glassware. •Urerwar* and
• / >\\/rr"i'r?«- — V Z \ \ cutlery, so as to have everything on hand and ready
r\ i Sl\\ \ V \ to ** rr * *"* ffreat annual dinner.
\\ >\L^V : > Y3 fl I \ -f^\ Jv* » Few ot Owr Offerings
VC^^-P >J F^^'S^^'*' Complete 60 piece Semi-Porcelain
NiLv^nl t\ V Pvi<i^C V ? Dinner Set, set $3.73
J^A^J ( \ rJM^L^ m i\ c J? t ? lass P attern Cranberry
- ' /T* aJO^4\ v « i?£§&iT Set « 7 Pieces, s*t 45 C
s>-T-f X^ TvS If&SSiy Semi-Porcelain Turkey Platter. 15
fLiSii. V^J^O/i/e^7/ lnch size 33c
. Plum Pudding Molds (with tube)
/V^^^ I^ fETTZKVvV each 4f> c
L^^^yjlrltS^\^'\ Cranberry or Jelly Molds 40^
fj^ .'v///\A\'C\ S«lf- Basting Turkey Roaster. lOx
* ',<ss? Jft bS t\ \\sJl ' l*n ......." v..-;.40c
'V!ss»_ *y rl'tSi f \ • Self- Basting Turkey Roaster, llx
I \<S^- / t \"s\ l\ 18 50c
Vlt 55 " / Li MV. VI "Savory" Roasters, family Blz9.9lSiS
#1 —^ /*« I >*}^J/ "Savory" Roasters, large size. .93.00
Cv^S^, AY ' \ >w^ . High grade Steel Carving Sets (with
Sr^^s- yCli X. b T> 7Swi-i steel), set fI.TS
JF* «V * P 1?V \u2666,"^**' High grade Steel Carving Sets
p'V^^J/ 1 v Jn\ I wljc^'" • (without Steel), set Sljso
:: w rT 77jitMii \ OlnwJ. \u25a0 Game Carvers, set ............ £1.25
•Njßw^MniUl V )IjLAiV\S. Game Shears »X.73
)^ilP\ni «l\l\Vv Nut Cracks io« to t1.25
M I \\ \l // fl,\i\ Vv\ t - Sot3^; w *** to * 1M
s/M IV II \\l // \l\\ vv Chafing Dishes, handsomely nickel
M\ M\\ AW // V\ plated, from *3.75 up.
/yf f 111 »\ vl VI // 111 \\\ **\\ '*'* P"»«tlcal Economy to Buy at
"S^^S 33 ™ I^^ [ it .**** CompUU Oatflttex* of Kite ha a «ad JWaia*
1.1 *^ • mM&*^\
I Gome and go,
1 but the machine that always 9
X-; stays, always leads, always im- 1
H proves, always outwears, and 1
B always outsells all others is the I
IH v Remington Typewriter Company m^i
F~ y< j * Ri-^Tc^icd Everywhere I^l
JIB 1015 Golden Gate Avenue, I
rj» San Francisco, CaL H
Starvation Sits
at Loaded Tables
You Can Lead a Dyspeptic to
the Table, but You Cannot
Make Him Eat.
There comes a time In the lives of »
great many men and women when even
a sirloin steak ceases to be poetry. It
becomes a protest. --The appetite be-
comes fitful and fretful. Nothing on
the bill of fare can coax It.
The appetite Is there and yet It Isn't.
This makes eating a mere matter ot
machinery— the mouth doesn't water.
The stomach has been worked over-
time, and the body and the brain are
paying the penalty.
There are thousands of people In
every stajtlon of life who -are walking
the earth today with dyspeptic
What If a Man Gala the "Whol*
World— and Los* his Appetite!
stomachs. They wear a dejected, for-
lorn appearance, their energy 13 at
zero, nothing interests them, and they
interest no one, their faces are shrunk.
their nerves are wilted and their
shoolders sag.
Everything on the table may look
delicious, but nothing will' be tempting.
That's one sure sign of dyspepsia.
If you have ever fait bloated after
eating and Imagined it was your food
that filled you; if you have felt your
food He "like a lump of lead" on your
stomach; If you have had a bad. sour
breath, difficulty In breathing after &
meal, suffered from eructations, burn-
ing sensations, heartburn, brash, or
gas on the stomach, make up your
mind you have dyspepsia. And the
chances are you have had it a long
Tour stomach Is overworked, abused,
fagged out. The gastric and digestive
juices are weak, the muscles of tho
stomach are jaded, and the whole busi-
ness needs new life. It. needs some-
thing which will take hold of the food/
as it comes in and do the digesting,
and let your stomach take a rest.
Stuart's - Dyspepsia Tablets do that
very thing. They contain a most
powerful ingredient which helps the
stomach in the process of digestion,
cures dyspepsia, sour stomach. In-
digestion, heartburn, eructations, acid— -
ity or fermentation. They invigorate
the stomach, increase the flow of gas-
tric Juice, and do two- thirds of what
the stomach would have to do without
them. That gives the stomach soms
rest, and a chance to get right again.
You will feel the change first in your
mind and heart and then over your .
whole body. You'll feel rosy and sweet.
That's the object. You can get these
effective little tablets almost anywhere
on earth for 50c a package.
Send us your name and address to-
day and we will at once send you "by
mail a sample package free. Address
F. A. Stuart Co., 150 Stuart Bldg.. Mar-
shall. Mich. " \u25a0

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