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10 COMMISSIONERS HURL CHARGES AT DEMOCRATS Bourbons Sizzle on Railroad Body's Grill in Latier's Re= ply lo Accusations Bell and Colleagues Indirectly Termed Job Chasers; Mis* representation Alleged Charges of partisan politic?, personal job chasing, willful misrepresentation of fact and ignorance or deliberate misconstruction of the law have been hurlfd at the rfprosentalives of the democratic state conference by the rail road commissioners. These counter charges were incited by the democratic conference's demand upon the commissioners to show cause wby they should not be removed for inactivity and deliberate neglect of their sworn duty. They are directed particularly at the men who for pur poses of publication helped Theodore A. Bell prepare the attack on the railroad commission. The democratic attack on the commissioners which was given to the press was signed by Theodore A. Bell, Joseph A. Call. George W. Cart wright. A. E. Campbell and A. Cami retti. - The railroad commissioners answered i their democratic critics yesterday. Just ! to prove that the answer was conceived ', In the same spirit of brotherly love which prompted the democratic attack, ; the commifsioners, point out that every onp of the democratic signers is a can didate for some state office. ' ÜBFEND PRESENT KATES Presumably for no other purpose than to add to the gayety of the situation the commissioners declare that such eminent lawyers and railroad authori ties as Theodore A. Bell. Joseph A. Call, George W. Cartwright, Archie Campbell and A. Caminetti have demanded that the t ommisFionerp do things which, if Belli et al. know anything about law, th?y must know are not permitted by law. For the further solace of their demo < ratic correspondents the commiß^ion «=rs cite figures and statistics to show that California and the Pacific coast are \u25a0 .setting all the better of it in the mat- : t«=-r of rates for their commodities. I By way of leading up to a detailed consideration of the charges and the men who made them the railroad com missioners adite these few compli menl.: | Inasmuch as your "democratic ptate conference," held in San Francisco. January S. ISIO. in a manner which, we presume, you considered fair and unprejudiced, published to the people of Califor nin a *=et of resolutions condemn ing, without prior inquiry or hear* ing. all of the members of this commission, and failed to request of this oomtnision or any member thereof, before publishing such res olutions of condemnation, an expla nation of what you were pleased to term "the filence and inactivity of this board." you will pardon us If this board suggests that your de mand for an explanation comes a little late in the day, and bears the brand of Insincerity. OFFICE SEEKERS This impression is further con firmed by the names signed to your communication, for ii the public prints are truthful purveyors of facts in this respect, Theodore A. BHI is a democratic candidate for governor. Joseph A. Call is a demo- " cratic candidate for railroad com- . missioner, George W. Cartwright is a democratic candidate for lieuten ant governor. A. K. Campbell is a democratic candidate for attorney [ general and A. Caminetti is a dem ocratic candidate for railroad com misloner. The commissioners carry the war into the enemy's canrp by pointing out that none of their accusers has ever ap- IHjfcred at any of the meetings adver tisr-d and held by the commissioners at the 14 principal cities of the state for the purpose of hearing complaints. • j The commissioners insist that' the. democrats knew when their attack was framed that the commissioners had never been asked to bring any action with relation to the increased • rates and that, in fact, important . shipping Interests had earnestly advised against any such action. M.AM AT LEGAL. ABILITY With reference to an action for re funds, the commissioners get over the following deft backhand indorsement jtft the legal ability of the democratic lawyers who signed the attack: , Your intimation that action by this board before the federal com mission should comprehend a claim for reparation or refund of amounts collected in excess of rates in effect before the advance dis plays an oversight on the part of th^ grentl'Mnon who signed your communication or . a lack or* fa miliarity with the decisions of the Interstate commerce commission, as that body has frequently decided that only interested shippers can maintain an action for reparation or. refund. The commissioners expressly deny thnt they have favored one section of the state as against another in the matter of rates and take a long fall out of the charge that California's pro ducers are being discriminated against In the matter of rates. They insist that In no instance is the eastbound rate higher than the westbound rate. They declare that in some instances the \u2666astbqund rates are less than the west bound and point out that. whil*> there are 94 Pacific coast points which taks terminal rates on westbound freight*, there are 1.528 Pacific coast points which take terminal rates on east bound freights. ATTACHES OF ST. FRANCIS OBSERVE ANNIVERSARIES Maitre d'Hotel Lieb Celebrates His Fiftieth Birthday It was a day of anniversaries at the Ft. Francis; Thursday, and the heads of departments were in a congratula tory mood. James Lieb. the maitre d'hotel, who has served kings and presidents a-plenty, celebrated his fif tieth . birthday. Ho received many tokens of esteem and future good luck. J. E. • Alexander- was also given many a -Jiearty' handshake. Alexander Is the superintendent of the house. He has charg« of the carnival spirit of the St. Francis, -and on Portola. occasions and New Year's - eve \u25a0 celebrations is muck, Jn evidence. •;; Alexander 'wajs married eight years ago Thursday. \u25a0 • FAKE NAVAL OFFICER IS CONVICTED BY JURY Howard K-. Clover was found guilty by a Jury in the United States district court yesterday afternoon of imper sonating a naval' officer and obtaining money thereby. The defendant then asked for_- a new. , trial.' His petition will be heard by Judge de Haven next Thursday morning. PRICK DROP AS RESULT OP President of Hotelmen's; Pro tective Association Proposes to Reduce Consumption Movement Assumes National Character and Many Thou= sands Join Crusade Continued from I'ago.'P movement in Rhode Island looking toward,a boycott of meat, dealers say the demand has fallen off considerably. New York Joins Fight NEW YORK, Jan. 21.— New York to day joined in fighting the high prices of meats. Scores of laboring men and others are making pledges to abstain from using meat for 30 days, while many others are only eating meat once a day. Mrs. Anita Comfort-Brooks, prominent in club circles, has come for ward with a suggestion that 1,000,000 housewives unite to force down prices. Pittsburg Begins Strike ! PITTSBURGH Jan. 21. — A meat strike has been organized in "Greater Pitts burg. Hundreds of streetcar employes signed pledges today to abstain from meat for 30 days, beginning next Tues day. The Iron City trades council, which has 92.00 a members, is waiting for the word from leaders before putting into effect resolutions adopted last night bidding members to Join the meat boy cott. :'-: '- : -:v ;: V- : - Retail butchers, who held a meet ing today, were of one opinion in wel coming a strict boycott in the hope that it would force downward the prices of meat on the hoof. Thomas Toomey, out of work, who was arrested for stealing $12 worth of meat from a butcher's wagon, probably will be released through the crusade of boycott leaders. The effect of the boycott in this city, union men believe, would mean a loss to dealers in 30 days of $2,025,000. Youngstown. O.; Wheeling. W. Va.; Sharon, Pa., and other nearby cities have joined in the crusade against high priced meat. Baltimore Workers Pledged BALTIMORE, Md.. Jan. 21. — Buttons bearing the, inscription. "I don't buy meat, do you?" appeared on the streets here in large numbers today, follow ing the action of the local federation of labor, which adopted a resolution calling on all labor unionists and their sympathizers to abstain from eating meat v f or one month as a protest against l\igh prices. ; Indiana Cities' Join INDIANAPOLIS, Ind., Jan. 21. — While there has been no attempt to lower the price of meat in Indianapolis by ab staining from that food, the crusade against high prices has been taken up in some cities of Indiana. Two hundred and fifty employes of a foundry at. Vlncennes today voted to buy no meat for 60 days. . • Labor leaders in Lafayette and Fort Wayne have expressed themselves as opposed to the boycott. Labor Considers Boycott NASHVILLE. Term., Jan. 21. — It is understood the question of a boycott on all meats will come before a meeting of the Nashville council of labor next Sunday. Union Men Sign Pledge MEMPHIS. Term., Jan. 21.— The Workmen's Civic league of this, city will on Sunday take action -in. regard to pledging its members against meat eating. More than 200 Memphis union men and citizens voluntarily signed the pledge today. Cleveland Prices Drop CLEVELAND, 0., Jan. 21. — From an Idle-Jest in the lunchroom of a factory here last. week.t he Cleveland strike againift the eating of meat has grown to huge proportions. It is said that 100,000 persons " in. Cleveland have pledged themselves to abstain from meat for 30 days. The Ohio legislature has taken up the question. • A .committee to inves tigate the cost of meats will open its session next week. •\u25a0 ' Since the inception of the strike beef, lamb and. pork have dropped In price. Beef declined 15 cents a hundred whole sale and lamb 10 cents today. . Ten thousand . householders are re ported to have signed petitions against eating eggs until the price has. dropped from 48 cents a dozen retail to 25 cents. Retail butchers have been compelled to cut down their working force from a third to half, and several have retired from* business. Milwaukee Gets Benefit MILWAUKEE. Jan. 21. — Porterhouse Eteak, 10 cents a pound; sirloin steak, 10 cents a pound; pork steak, 14 cents a pound; veal steak, .7 cents a pound these are some of the prices quoted in advertisements in a Milwaukee news paper this afternoon by two retail butchers who responded to the agita tion of a meat strike in Milwaukee. One advertisement is headed "Meat Is Coming Down," and the prices are far below those quoted for months. A resolution will be introduced in the common council to investigate meat prices and -a mass' meeting has been called by the associated trades council for. February .ls to < take; 'action against high prices of food product?. . Crusade Gains Strength KANSAS CITY. Mo., Jan. 21.— That 80,000 people in Kansas -City will Join the anti-meat eating crusade during the next 10 days was freely predicted by labor leaders here today. The building trades council, with a membership of" 5.000. representing 18 crafts and 30 local lodges, will meet to night, when it;is practically assured a resolution will be passed pledging the members to* refrain from eating meat for 30 days. . . , C , The industrial trades council, which has 13.000 members, and represents S9 craftc, will meet Sunday to take similar action. 'T'i'iiMUßll .;..'\u25a0' - The building trades council and the industrial trades councll^hold the bal ance of power in the labor organiza tions of the city. \u25a0 The carmen's unions, are enthusias tic, suporters of the crusade," local No. 2,' representing 300, members, having voted today to refrain from meat beat ing. T. | : - 1 ' ':'\u25a0- •: ' .The allied printing, trades council, which ha5! 5,500 members,, has called a meetfng to take action on the matter. Women ' Oppose High Prices \u25a0 ST. LOUIS. Jan. 21.— The high costiof \u25a0living will.be discussed tonight. at the meeting of the women's trade ; union league - and It is expected a ' resolution, will v be -ipa^sedK asking ; members- to 1 abstain. from eating- meat. lfl£sJ The/ central"; trades^ and labor ! unloil will act on such a resolution Sunday. -.^ THE SAN FRANCISCO CALL, SATURDAY, JANUARY 22, 1910. FEDERAL-GOVERNMENT TOiiRIiiLBEEfeTRUST WASHINGTON:, Jan. 21. — The '•beef truat," : so called, 1m to be prosecuted by the national ' gov ernment. The department of Ju« llee evidently '..'believes' its exist ence in' a lending fnctor In main taining -the. -present 'high prices of fresh meats. , The contemplated action of .the department follows an Investiga tion that has been conducted by special agents for some inontbs. Initial proceedings will begin be fore the grand jury at Chicago, and may Include both' civil and criminal actions. The firms mentioned in con nection with the matter Includes Sivlft «& Co., Morris & Co. and Armour d: Co., all of whom. It Is said, are interested in the Na tional packing company. The three firM named concerns are commonly reported to control the National corporation. One possible method ,of action may be a suit to dissolve the. com pany under the Sherman anti trust law, operating In restraint of interstate trade. The Investigations conducted by the department had their in ception In an inquiry into ' the practices of a 'western railroad in making shipments for Morris & Co. These practices, It was charged, amounted to rebating and were discontinued. Members of several unions have signed agreements not to eat meat for at least 30 days. Petitions advocating the abolishment of meat from tables are in circulation in many manufactur ing plants and many signatures have been obtained. Anti« Meat Union Formed ST. JOSEPH, Mo., Jan. 21.— An anti meat union, with more than 100 mem bers, was formed today. Members will abstain from meat for 30 days. At the meeting of the ' central labor union council tonight the affiliated unions ex pect to announce that all will join the boycott. The conference of Seventh Day Adventists of the western states, now in biennial session here, has es tablished-for members a restaurant at which only vegetables, grains and fruits are served. * Workmen Sign Pledge OMAHA, Jan. 21. — The question of joining the anti-meat eating • crusade will come before tonight's meeting of the central labor union, "composed of representatives of most of the labor unions of the city. Already several pledges are being circulated, and it is estimated that fully 500 workingmen have signed it. Men and Women Sign DES MOINES, la., Jan. 21. — Petitions -which were circulated in Dcs Moines today were signed by scores of men and women who agree 'to eat no meat for 30 days. The unions have not as yet taken any official notice of the crusade. Stockmen Oppose Boycott N DENVER, Jan. 21. — Th^b growing movement to boycott meat has aroused the stockmen of the west to a protest that ,the effect of the boycott, will be against the ' stockmen ' rather than the packers. Directors of the Western Stock Show association, composed of 500 western" stockmen and businessmen interested in livestock production, adopted the following resolutions tonight as . fol lows: \u25a0 -\u25a0 (\u25a0( \u25a0 k Whereas, there has recently been . started in various, parts of the country a movement to boycott the use of meats for food with the idea -, -that such- -^action- will result' in lower prices: Whereas, this movement Is based on ignorance as to "the_actual con ditions governing the meat supply of this country;. therefore. Resolved, by the Western Stock Show association," that we condemn this movement as calculated to dis- \u25a0 courage- an increased production of • meat animals. -We believe that stockmen and farmers of the Unlt \u25a0 ed States should be given every in centive for , increased production rather- than discouragement. The present prices of meat are caused by the increased demand due to the growing population of the country, and the low prices that have heretofore prevailed are re sponsible for the failure of the pro ducer to keep pace with the in crease in population. . We call the attention of the pub lic to* the fact that upon the pro duction of livestock in a large - measure depends the fertility -of our soil and consequently the pro duction of agricultural crops.. With the increase of our. popu lation it is the duty, of every patri otic citizen to encourage agricul ture in every possible .way. We assert that present prices for meats are not unduly, high as - compared with the advance in price on all food products.. The present move ment to boycott the use of meat food is popularly supposed to be aimed at the packers, but in reality, it is a blow at the stockman and farmer and' is, calculated to de crease production rather than raa- V terially reduce prices. ';. It is asserted that a, number of live stock organizations are preparing to protest and call attention to the dan ger of depleted production which will' follow the presenfmovement. Middlemen Are Blamed SALT; LAKE CITY, Utah, Jan. 21.— Blame. for. the increased cost of living is placed-on the- middlemen by an in vestigating, committee, appointed . by \u25a0'. a citizens' mass- meeting- January.; 15. It was asserted that farmers receive/ 35 cents a bushel for. 1 potatoes, which are retailed, at. 10 . cents', - and 13 cents ~ a pound \u25a0"'•: for ./chickens,'-' when the retail price is 4254 25; cents. .".TJie remedy advised will 'be .the 1 direct'; sale' of produce to householders* by -farmers and possibly aco-operatlvelstore. .-.:' Ministers Join 'Movement \ TACOMA, "Wash.JJan.; 21. — Ministers of the city are planning, to take up in a united meeting next week the pro posed 60 day, boycott* on meat supplies. The first petition in.Tacoma calling for signatures ot persons wb^o ,wilh pledge themselvjes not to eat meat* for 60, days will be presented to the 'Pioneer; im provement "r club • tonight. I The , central labor council.. will' take the matter up next "Wednesday. ' .7.', i, ': x . Campaign Reaches: Fresno :• : FRESNO.S Jan." 21,.— At; a .meeting . of the Fresno • federated trades and Jabor council .tonight the/que'stlon of •Chght lng the. Bocalled me^tjtruPtiwasUaken up -and - discussed. ,i At the ..conclusion of the 'discussion;; while/the; members of the council Vfayored faction, «lt was decided \to leave - ; the matter/- in". the hands of the affiliated unions oi . the city. '\u25a0 ; : ; -~ : -\ -I \u25a0.:\u25a0;,- : '. \u25a0 THIEF TRAPPED BYOWN STORY;GETS I FIVE)YEARS . . SANTA ROSA. -Jan." 2 1.— James AveryV who "was^ arrested} by; Deputy^ -Sheriff Henry'.Lenclont.at Healdsbtirg- ywhen Avery tried to" sell", him' the* loot*;se cured^by" the; robbery /of A;- P.fJohnson's genera X; merchandised store <at Fulton, entered 3 a ; pleaVof ; gufltyiioday [and .was sentenced - to > five t years; mi San' s Quentln by Judge "j Seawell.7? Before . ' he : i was aware t oft thel officer's];identlty:he told how he. perpetrated "the -robbery."; : ' Only One "Rromo Qainine'* That is 1 Laxatlve-Broino* Quinine. ; Look for signature of E. WV Grove. JUsed world over to Cure a Cold in One Day. -25c. • ff^ilfflTOPMflffirahmtom'" " v • ' '\u25a0 - "... - PERfECIING PLANS of Aviation meet "... x- - \u0084 \u25a0 75,000 Persons Will Probably Make the Journey Tomor= row to Tanforan Park Program Outlined for the Three 'Days' Exhibition by the Fa mous French Aviators Continued from Page 9 following days. ; The machines are two Farmah biplanes and two Bleriot mono planes of the "cross channel'- type, which Bleriot made famous by using in : his marvolous epochal flight from Calais, France, to Dover, Eng. VAST CROWbS KXPECTED: San Francisco. is ready for the flight. There is little else talked of , about the streets in the bay cities but the con quests in the air which Paulhan is to make, it is estimated that 75,000 will journey to Tanforan, 12 miles south of San Francisco, just across the San Mateo county line, Sunday, and that probably as many will make the trip Monday and Tuesday. -Workmen' were busy at the Tanforan track yesterday putting it in shape -for the aeroplanes and the- throngs that will gather to see the machines cut into the air. Extensive improvements were made in the grandstand to fit it for the unusual function of an aviation stand. A large park for automobiles was set apart. All autpmobilists are warned to go to Tanforan by the Mission road and enter the grounds from there. The South City road will not be open to machines, owing to the congested streetcar service which will be neces sary to carry the thousands of specta tors to the grounds. Furthermore, if the automobiles go by any other line than the Mission road they will have to cross the railroad tracks, which also will be dangerously crowded with mov-' ing trains. By using the Mission road the aviation field can be reached with little difficulty. SPKCIAI, TRAIN' SERVICE The Southern Pacific company has planned- a 10 minute train service to the aviation field after 11 o'clock in the morning. The trains will run by the Bay Shore cutoff and will land their passengers directly at the en trances to the grounds, so as -to afford them the greatest convenience in reaching the field. The round trip rate will be 50 cents. A train was run over the line yesterday and it was de termined that the time will be 2:2.min utes from Third and Townsend streets to Tanforan. The United Railroads will run cars out Mission and Market and Valencia streets direct to the - aviation field, charging the regular 15 cent fare each way. It will maintain a one minute service. A caterer is planning to conduct an eating place in the grounds. . ,'_... PAIJIiHAN buTMNES PROGRAM Paulhan has outlined a program for the three days* meet, starting^ about 2 o'clock each day. Sunday he will fly particularly for height. . Monday he will fly cross country, prob ably making at that time his effort to Win the 81,000 prize offered by Presi dent,^. T. Runyon of the Mill Valley and Mount Tamalpais railway, as ex clusively announced in The Call last Monday, for the first aviator who flies from San Francisco to the top of Mount Tamalpais. ':' Tuesday Paulhan. will devote himself to endurance flights. While this program is subject „ to re vision it will be followed if practicable. . With Paulhan at Tanforan and in the air above will be Eduard Miscarol and Didier Masson, both famous • French aviators. WILL SEEK ]*ri\V RECORDS San Francisco is particularly for tunate in having Paulhan for its first aeroplane visitor. He was the boast of the Los Angeles meet. While Glenn Curtiss, the American inventor and aviator, flying his own machine with distinction, captured the speed prizes, it was Paulhan, the Frenchman, in his Farman biplane, a heavier type than the Curtiss biplane, who won the en durance, the cross country and the altitude prizes. He intended at San Francisco to break his own Los An geles records. At Los Angeles Paulhan went 75.77 miles on his endurance test alone, and he went three laps on the course, or more than four miles/carrying a passenger. He made an altitude of 4.165 feet, or nearly a mile, and he is determined at Tanforan to soar a mile in the air. SAX JOSE IS EXCITED San Jose is eager to be connected by airship with the San Francisco- Tanforan meet and has sent a pressing Invitation to Paulhan to take : a, little flyer over San Mateo and SaiUa Clara counties to the garden city. The hos pitality of the rich Santa Clara city will be spread before the French aviator should he take the airline to San Jose. The chamber of commerce of San Jose has invited Paulhan to take the flyer. The Peerless automobile -. company has placed a car at tlie disposal of Paulhan and it will ,take\ him from his hotel to the aviation field and follow him' during his flights. HONORS BY FRENCH COLONY '.The French colony is ready to do honor to Paulhan and the other two Frenchmen while they are in this city. A meeting of the. Fourteenth of July committee, was held last evening at the rooms ' of the Associated" Charities, 1500 Jackson street, aitd plans were perfected. A large delegation will be at c the station tonight when the bird men arrive and will escort Paulhan and his associates through the streets be hind a brass band to the St. Francis hotel, where the aviators will stay. .iThe French, tricolor will fly : from" the hotel during the visit of , Paulhan. Plans are now' being made" for a ban quet -to be given in honor of Paulhan, : Miscarol and Masson by the 'French residents of San Francisco, which will be v attended { by. city, officials and men ; interested in: laeronautics. — HOTELS STRUGGLE TO FURNISH /THE NEST FOR FAMOUS BIRDM AN fcquis .~Paulhan will have whereof *to i rest- his head .when lie reaches;; San Francisco. ; He cansleep in the Palace In* Market street or In the St^ Francis in , Powell' street, ; and .there will .'• be gnashing/ of 'teeth In the hotel which does not get'him. • .There was never such competition^ between ?. hotels for a famous ; person-^" age as there I is* now. waging? between the," hotels which 'i; would ; be ' the nest of the- birdman. ? President Taft? came and :^ went i and several "Chinese <; princes and-idignitarie's; have /passed and: re-; passed through the Golden Gate; with^; out "creating, the . stir^ in hotel /circles that. has been? occasioned by. the f coming of Louis Paulhan. whois' to fly at LTan foran Sunday, Monday and Tuesday n"-rt '-\u25a0'\u25a0' -;'•;"\u25a0"" " "r ; \u25a0".-•.;'-• './".'""•'.•l'jJaHflWWMl ; H. 11. Gunning, advance a gent f of -the covey: of \ French , iflyers,; = went>'to' the Pala.ce • when^ he : arrived : in ; San Frari^' Cisco.' ' James King Steel, publicity PROGRAM. FOR THE BIG AVIATION MEET Daily flight*, beginning' at 2 o'clock by Paulhan, Miwcarol and : Mlsmod. In Farman v biplane* I and Bleriot monoplane*. Sunday, January ' 23— Flight for height record. ' X- Monday. , January .24 -— Cross country flights. . ..-7 Tuesday, : January 25—Endur ance flights. - agent I for the , Palace' hotel company, immediately got busy. He loaded the wires with; greetings ; Co Paulhan,- in viting him to stay at the Palace while in San .-Francisco. The -best would be improved for his delectation. . -~E.:O. Child, publicity man for the. St. Francis, set about; to :have the aviator come to the St. Francis in a more subtle manner. ... ; He opened negotiations- with this graceful telegram: "Have . reserved box for M. and Mme. Paulhan at the opening night of , Marie Cahill at* the Columbia." \u25a0 He also .got in touch with Edwin Cleary, Paulhan's manager; and used soft eloquence on him. -Then Frank Cummings, Los Angeles representative of the St: Francis and .publicity man for, the Hotel Alexandria, Los Angeles, is coming up on the train with Paulhan and will seek to guide his footsteps from Third and Townsend streets to Powell and Geary. But the solution of the problem seems to rest on the shoulders of a drum major. The French residents of the city have planned to meet Paulhan with a brass band. The band will lead the Paulhan procession from the depot to its destination. So the hotel people are now busy in their endeavor to find out the identity of the drum major, and likewise his pet weakness. "J. " PROFESSOR M ONTGOM ER V MAY BRING A SUIT AGAINST WRIGHTS [Special- Diipalch io The Call] : SANTA CLARA, Jan. 21.— The world of aeronautics may receive somewhat ; of a jar resulting from the visit of Raymond I. Blakeslee, attorney for Glenn Curtiss, to Professor John J. Montgomery at Santa Clara college^ today. Blakeslee arrived from Los An geles .this morning, going immediate ly into conference with Montgomery. 1 Curtiss is expected to 'leave Los An geles today to be present at another meeting with Montgomery in Oakland. DISCUSSION ABOUT PATENT What took place between Curtiss' attorney and Professor Montgomery be hind closed doors this afternoon was not made public. . It is understood from good authority, however, that Blakes lee was made acquafnted with Mont gomery's airship patent and that tes timony in regard to it was taken which may necessitate the local inventor go ing to New .York. It has been knov.-n here for some time that Montgomery contemplates taking legal action against certain peo ple for infringement of patent on his aeroplane. WRIGHT BROTHERS INVOLVED .' ; It has also been known that the Wright brothers are the ones directly charged with the Infringement. Mont gomery's patent comprehended an aeroplane constructed with surfaces parabolical'ly curved, the same machine being used By the Wright brothers. | The -Wrights have never successfully flown in any_but curved surface ma chines, a patent covering which they : have failed to take out. As the Wrights have secured an in junction restraining Curtiss from using what Montgomery , claims none but he has a right to use the situation is read ily seen to be complicated. Blakeslee when seen today after the meeting refused to discuss the Mont gomery affair further than stating he was here among other things to look into the Montgomery machine. Re garding the 1 proposed litigation, which if taken up may upset the airship world, he would say nothing. The injunction issued by Judge Ha zel of the United States circuit court of the western New York district re straining Glenn Curtiss from using what the Wrights claim as their patent was talked of by Blakeslee, he stating, as is already known, that an appeal had been taken and arguments would bo started early in February. DISCUSSES CURTISS MACHINE One of the contentions of the Wright brothers relating to the use of the vertical • rudder on aeroplanes charged against Curtiss was declared by Blakes lee to be utterly false. He cited the example of Charles K. Hamilton, who flew successfully in a Curtiss machine in- Los Angeles the other day with the vertical rudder tied, demonstrating that the use of such a thing in the Curtiss machine was not necessary to its flight in order to produce an equal balance. It was pointed out by Blakeslee that even though there may be some simi larity in the vertical rudders of. Cur tiss and the Wrightr,, Curtiss can suc cessfully maintain perfect equilibrium, even though the vertical rudder be eliminated. Blakeslee says that the Wrights have no proper basis whatever on which to ground their charges. CAPITAL BACK OF WRIGHTS The point whether to. commence in fringement proceedings against the Wrights at once or not seems to be puzzling Montgomery. Back of the Wrights stands unlimited capital, which could carry the proceedings on and on for perhaps, years to come. Montgom ery seems to realize this fact and is undecided. Elaborate experiments and successful glides were made by Montgomery in his ship constructed on tho "seagull" wing, plan 10 years before the "Wrights were heard of <as flyers. MANY YEARS OF STUDY ';, Many years spent in solving prin ciples in the problem of aerial naviga tion have ' given .wide recognition to Montgomery. The Vienna aeronautical club recently, paid , the i inventor '. honor when it termed him "the father of suc cessful ; modern : aviation." His most successful exhibitions ..took place at Santa Clara college in 1905 with a ma chine ; maintaining perfect equilibrium and under, absolute 'control of its avi ator,% going; with; or, against the wind and describing; circles in the air. • ' Meet for Santa Barbara [Special D'upalch to The Call] .:, SANTA BARBARA, Jan. 21. — Santa Barbara: is to have an aviation meeting February -3,: 4Vand 5 on Hope, ranch. Hamilton;. Lewis (and, Knabenshue, now in -Los; Angeles; have agreed to come here f or l flights f or J $7,500. As ;• the re suit of at meeting; tonight $5,000;. was raised, and the, rest, will be forthcom ing:."'tomorrow.' The contracts^ were forwarded to the 'aviators* manager late i tonight. . ', '\u25a0 - BUEGLAE : SCARES AWAY— Wilmington. Cal.. - , Jan. i 21.— A " robber .» who . entered \u25a0 the Southern A, Pacific * depot here :: last : night evidentl y \u25a0vu .-scared away before he had completed the:loot ,-"lns-: of -the i place.'; He secured nothing; but a \u25a0 tew express • packages . of : rallroatl tickets. •-•": Rent > rooms by adver tising them in The Call.^Phone Kearny 86 ior drop ' a': line -to ', Want >A& } Depart ment ,\The ; Call, and : an 'adman will be out r to?see : you. • • % DEAD ' ROBBER* IDENTrFIED— PortIand. -Ore.; •;\u25a0 Jan.^ 21 . — The * police * liavo/ Identified s. the ', ml*. !, "' ber \u25a0•:". killed ~j' here p. last .-.. nfght ;: by .";. PoHepman \u0084R:-I {;; S t«hl.aa Eugene Rooney, a joutbful'pa- INVADES STREETS WITHOUT FRANCHISE Calhoun Corporation Erects Poles Contrary to Law, De clares Attorney Long City Cheated of Percentages and Charter Overridden, Is Opin* ion Sent Commission Without a franchise and without ap plying for one, the Sierra and San Francisco power company, a Calhoun corporation, bringing electric power into the city for the United Railroads from Its Stanisla-us plant, has erected poles and strung wires throughout parts: of the city contrary to law. Such was the opinion sent by City Attorney Long to the city's department of electricity yesterday upon 1 the state ment that the company. had proceedt-d under a so called permit granted by the board of works Jsovember 17. PROVISIONS OF CHARTER < ;, . Long called attention to the fact that the charter gives the supervisors sole power to authorize' the use of the streets .for the purpose of transferring electric power, and then only by the sale of a franchise after competitive bidding. Further, that the city shall be paid a percentage, whose minimum is defined by the Charter, of all receipts from the sale of such power." Long instructed the department of electricity that its sole function in the matter was "to enforce the rules * • • made by ordinance (franchise) of the supervisors." The power of the board of works, he stated, was limited to its duty of in spection and superintendence of poles and wires installed. He added: Such superintendence and con trol is always subject to the ordi nances adopted by the board . of supervisors, but no ordinance can extend the power of the board of works to grant power for the erec tion or maintenance of poles for •* the transmission of electric power. The only duty of the department of electricity in this respect i 3 to enforce the rules, regulations, or ders and requirements made by or dinance of the supervisors. No where is this department given the power to grant permits for the erection of poles' or wires. You are accordingly advised that unless the procedure .hereinbefore outlined has 1 been followed there is . no authority given the Sierra and San Francisco power company to erect poles mentioned or to string wires for the purpose of conduct ing electricity for power. PERMIT DECLARED INVALID The company has proceeded ' under cover of the following permit, passed by the board of public works last No vember and held by Long to be an in vasion of the supervisors' prerogative and an evasion of the city's right to re ceive revenue from its percentage: Permission Is tereby granted the Sierra and San Francisco power company to erect the follow ing poles for the purposes of conducting elec tricity for light, heat and power purposes: San Bruno avenue-from South City line tn Bay Shore avenue. Bay Shore a*enne from San Bruno avenue to Railroad avenue. Railroad avenue from Bay Shore avenue to San Bruno avenue, San Bruno avenue from Railroad avenue to I'nlon avenue. Union avenue from San Bruno avenue to Putnam street. Putnam street from Union avenue ; to Cortland avenue. Nebraska avenue from Cort land 'avenue to Powhattan street. Carver street from Powhattan street to EsuieraWa avenue, Alabama street from E&meralda avenue to Army street. Army street from Alabama street to Bry ant avenue. Bryant avenue from Army street to Twentieth street, Bryant street from Twentieth to Sixteenth streets, Schwerln street from South Cfty line to Leland avenue. Lelnnd avenue from Schwerin street to Elliott street. Elliott street from Leland avenue to Campbell avenue. Camp bell avenue from Elliott street to Wyant street. Wyant street from Campbell avenue to Oueota street. University • street from Oneota street to Silver avenue. Mission street fronv Crescent ave nue to alleyway opposite block between Cortland avenue and Santa Marina street, said alleyway from Mission street to San Joee avenue, San Jose avenue from said alleyway to Thirtieth street. Accept Printing Rate By approving Phillips & Van Orden's first bill for $400 on the $10,800 job of printing the transcript of the last Ruef trial for the appellate court, the'super visors' finance committee accepted yes terday the 90 cent per page rate quoted by the firm and held up by Supervisor Murdock of the printing committee the day before.. President Casey of the works board secured $9,000 for special repairs to the Clement school, and $50-,000 was recom mended for the sewer in Mission street between Silver avenue and Bosworth street. Works Board Swings Ax c The board of works* ax swung lus tily yesterday and nine men parted from their jobs. Thomas Fitzsimons. for years foreman stone cutter, was laid off. as were the following men in the ranks: Brick layers Charles Noon an, George Philbin and J. Anthony; hod carrier Con Mahoney; single teamsters T. C. Plank and W. E. Harm. and double teamsters Joseph Engleberg and J. L. Sullivan. J. McMurray was the sole man ap pointed to place,' becoming foreman of sewer cleaning at $5 per day.. President Casey had the support of both Commissioners Broderick and Mc- Gilvray In the above changes. NEW POSTMASTER— Washington. Jan. 21 Franklin L. Crowell waa today appointed post master at 'LtTlnjrston, Merced connQr, Tlce It. W. Hammitl. deceased. Talking Machine Records Will Last Forever If Protected '<} Particles of dust adhering to the needle point will cut and de- stroy the sound cells on the disk. Records are best protected in CABINETS Oak and Mahogany Cabinets From $10 Up "Hour of Music"— Player-Piano' and Victrola Recital This" Afternoon at 3 o'clock in our Recital Hall. The public .cordially invited. Take Elevator to Bth Floor. Sherman May & Ga 6TEINWAX AND OTHER PIANOS 's^g>* PLAYER PIANOS Off AU^ GBAOBS VICTOR TALKING MACHINES Kearny and Sutter Streets, San Francisco i Fourteenth and; Clay Streets, Oakland Free Trousers I Today { The offer is this : With each suit of clothes, no matter what the price, a free extra pair of trousers is given- — no charge of any. kind. This offer is made to all. either new or old customers, and the usual high-class work- manship is given to each gar- ment. Our stock is all fashionable cloths in staple weaves, and prices are as follows: Suits to Order From $22.50 up Overcoats to Order From $22.50 up Trousers to Order From $6.00 up Charles Lyons ~* THE LONDON TAILOR. 719 MARKET STREET 1432 FILLMORE STREET . 958 Broadway, Oakland Not any Milk Trust The Original and Gsnulna MALTED MILK Tht Food Drink for All Agss. For Infants, Invalids,and Growing children. PureNutrition,upbxiilding the whole body. Invigorates thenuisingmother and the aged. Rich milk, malted grain, in powder form. A quick lanch prepared in a minnte. Take no substitute/Ask for HORUCK'S Others are imitations. On Rainy Days A Fish Brand Slicker will keep you dry And give you^all vtlas xa comfort and long wear 53.00 BOARAHTEED WATERPROOF Sold Ij firat-elau Betailers ti» coiatry over. Scad for oar Prae Catalogs A. J. TOWER CO. BOSTON. U. S. A. „ , TOWEK CASXDUSI CO.. Ltd. • Toronto. Canada fISH R2j&^ Rupture Cured Without the knife or loss of time. No pay until cured. Call or write for testimonials. FIDELITY RUPTURE CURE, 1122 Market St., opp. 7th, Rooms 7 and 8, San Fran- cisco. Hours 10 to 5. W.. NEWBRO'S I I LtfU I O DANDRUFF j 1 Ir\ I L-tmm^> GERMS .. . Ij npQTRnY THECAUSE i U LU JMI you REM o v e % VkVlllUl THE EFFECT 1 CURES DANDRUFF OR MONEY BACK. | DELIGHTFUL MAI* DKBSSIHQ. § ALL DRUGGISTS SELL IT. I