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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, April 27, 1910, Image 2

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Insurgents Side With Demo«
crats in Bitter Attack on the
Administration Measure
Fight Over Commerce Court
Provision Waged Heatedly in
Both Senate and House
WASHINGTON*, April 26. — The rail
road bill was the one conspicuous fea
ture before both the senate and the
house today.
In the house the "insurgents," join
ing the democrats, practically took
charge of tlie measure. They succeeded
an having adupted numerous amend
ments, one of which would remove
from the president to the supreme court
of the United States the authority for
organization of the court of commerce.
The entire day was devoted to discuss
ing and voting 1 on the commerce court
provision. A motion by Hubbard of
lowa to strike out the entire commerce
court provision was defeated by a tie
In the senate Clapp of Minnesota
liurled defiance at the administration
nnd regular party leaders in congress
for the supposed effort to read "insur
genf senators out of the party. He
intimated thf people were not follow
ing the leaders, who. lie said, were
merely reading themselves out of the
party by the course they were adopt
ing. He took csprclal exception to the
i-ocent speech of Attorney General
\u25a0 Senator Hughes denounced the rail
road bill as a whole and Senator Hey
bizrn undertook to combat the conten-
Tion that the Crawford-Elkins provision
nullified the Sherman anti-trust law in
so tar as it affects the railroads.
Voting on the amendments to the
railroad bill began -in the housemate
1n the day. It became evident that
practically all the "insurgents" were
voting with the democrats?.
The house acting as in committee of
i lie whole, no record vote was taken,
the voting being viva voce, by division
and by tellers.
Upon the motion of Hubbard of lowa
to strike out the entire paragraph re
lating to a commerce court, Bennett of
New York, in the chair, announced the
vote was ISI to 130 and then announced
Ills own vote in the regatlve, which
defeated the motion.
A demand for a vote by tellers was
made. While this vote was being tak
fn Speaker Cannon came into the house
from his private room with the party
organization. The vote by tellers was
14" to 135. Bennett again voting in the
The defeat of the motion was accom
plished only after the greatest activity
on the part of the majority to summon
regular republicans. A rather spec
tacular feature of this vote was the
liurried entrance of the speaker without
a collar. He had been called unexpect
edly when there was not a moment to
The "insurgents" varied in their vot
ing. At times as many as 25 voted with
the democrats, while on other motions
their numbers were reduced to about
« dozen.
In the senate Hughes made a sweep*
ins; attack on the railroad bill.
"It is not statesmanship," he said,
"to urge through great measures like
this without argument or explanation.
The people have a right to ask greater
consideration when their Interests are
po materially affected."
Bureau of Merchants' Exchange
Wants Long and Short Haul
Clause Retained .
•The traffic bureau of the Merchants'
exchange will oppose the amendment
to the Interstate commerce law Intro
duced by Senator Dixon of Montana In
the United States senate, by which he
proposes to make the long and short
haul clause mandatory, inasmuch as it
provides that it shall be unlawful for
» railroad to charge more for a. shorter
than for a longer distance over the
came line or route in the same direc
At a meeting of the t governing com
mittee of the bureau, held yesterday
afternoon, the following resolution was
adopted and ordered to be sent to the
California delegation in congress:
Whereas, there is now under consideration
by the United States senate, an amendment
lo the act To regulate commerce, introduced
b.r Senator Dixon of Montana, by which tn«»
lon* and t-hort nanl clause (section 4) is made
. mandatory, inasmuch as It Kecks to make nn
! awful a fn-eater charge for a shorter than
for a longer distance over the sarae line or
route in the same direction, the shorter be
ine Included within the longer distance, and
Whereas, such amendment. If adopted,
wooid be destructive to the advantages v,.
h«rent to eltie* located upon iiSTijable waters,
«* Tieii«as tmla.tr to railways serving cities
to located.
Resolved, that this bureau, through its gov
erning committee, is opposed to said Dixon
amendment, and its manager Is hereby di
rected to convey such erpr?ssioa to the m«»m
r-rs of the California senatorial delegation,
with the request that they streanoaFlr op
pose the adoption of the Dixon amendment,
•nd be It further
IWolred, that oopie« of this resolution be
handed to the various commercial bodies of
Jbis city, with the recomrar^tdstion that they •
take like, notion, and that copies be also for
warded to otlK-r Pacific oast traffic bureaus.
Initial Performance of Famous
Play Assured of Success
The first performance of "Damon and
Pythia*," under the auspices of Phoenix
• lodge No. 53. Knights of Pythias, in aid
of their fund for entertainment of dele
gates to th« meeting of the supreme
council Jn this city in 1915, will take
place at the Valencia theater this even
Phillip Keene, a . young actor and
nephew of the late tragedian, Thomas
Kcene, has been engaged, with his com
pany, to produce , this famous play of
fraternal <Jevotlon,-*md the version that
he uses, -written and adapted by him
self . has been given -with success for
Pythian bodies all over the United
Keene will play Pythias, having made
that tho dominant role, and his sup
port, which includes Laura Keene, ,is
eald to be of a high order of excellence.
Members of \u25a0 the uniform rank - of
Phoenix lodge will constitute the army
and mob incident : to;tho play, and the
scenic and costume effects will be his
torically, correct *
.t Tho second* and -_ last performance; of
"Damon and; Pythias", will be given to
morrow {Thursday) nl^ht.
Principal I.lck High
School. . yt
Uric track team. Only
vi Inner In Saturday*
m«rt from San Fran
. cisco.
Principal I,onHI Hl^h
President of the Board
of Education.
Of the Playjrround
Confusion of Party With Japa«
nese Consul General and
Entourage Causes Worry
CHICAGO, April 26. — Prince Tsai Tao
Poy Lak f Chinese minister of war and
uncle of the boy emperor, with a party
of 17, arrived here today and departed
for the east to«ight.
K. Midzuuo,/ consul general from
Japan to New York, with iiis personal
staff of 12, also arrived.
The Chinese and Japanese delega
tions arrived over different railroads,
and thereby hangs a tale. In this con-
nection General Frederick \u25a0 D. ' Grant
added to his soldiery name a reputation
for being a diplomat and a seer.
The Chinese and Japanese parties
traveled from San Francisco to Omaha
on the same train. The train was split
at the Missouri river. One section,
carrying Prince T^ai Tao, came into
Chicago over the Chicago and North
western railroad. The second section,
containing the Japanese, came in over
tho Chicago, Milwaukee and St. Paul
Mistaking the Japanese for the Chi
nese delegation, a Milwaukee conductor
telegraphed Chicago headquarters say
ing that he had Prince Tsai Tao aboard
his train. Railroad officials attempted
to have General Grant remove his re
ception committee, secret service men
and detachment of police from the
Wells street station to the union depot
to meet the Milwaukee train.
Although unable to secure definite
information General Grant refused to
be swayed from the original plan. As
the trains were more than an hour late
the situation grew extremely tense.
Gloom and uncertainty, however, were
finally dispelled as the famous uncle of
"the brother of the sun" stepped from
his belated train into General^Grant's
arms at Wells street.
An automobile drive about the city,
a banquet and a visit to a grand opera
performance followed. The prince's
party, which includes Lord Li Chang,
son of the great LI Hung Chang, left
for Washington shortly after midnight.
Fragrant Beverage Is Popular
Throughout United Kingdom
The people of Great Britain are
large consumers of tea. In London in
each city equare one will find one or
more retail tea houses, where this.bev
erage is dispensed with other light re
freshments. !In .the less pretentious
sections of the city a cup of tea with
a roll of bread and fresh butter are
served at 8 to 10 cents, and in the
more pretentious neighborhoods this
charge is doubled and -quadrupled.
The total .imports of tea into the
United Kingdom increased considerably
in 1909, amounting in value to $56,726,
873. a« compared with $52,223,030 in
J9OB. The re-exports to other countries
amounted to $11,315,517 in value in
1909, as 'compared with $9,116,950 in
1908. The value of the tea exports to
the United States in 1909 was
$2,108,123. . The official returns of the
United States- show that the value of
the tea imported from the United
Kingdom was $2,786,932, while the total'
imports from all countries was. $16,553,
032 in 1909, as compared with $16,660,
322 in 1907. The London exporters as
sert that they see a fine future In tea
exports to the United States; and expect
an annual Increase in the consumption
of tea In that country.
More than 300" wholesale tea mer
chants are doing business In the city of
London alone. This does; not. Include
the dealers that are listed aa tea brok
ers, but does include the packers of tea
from bulk into small quantities.
To ascertain the retail prices 10 of
the largest retail tea firms were , vis-"
Ited. Those io the west end obtained
apparently far better prices, for their
goods than those *in the less aristo
cratic sections of the city. All the
prices given are per pound for one
pound \u25a0or more, fractions of a pound
costing relatively more money. The
following named blends ": were offered
at the different places: ' " ;.
Good India tea, 1* Od ("6 cents) : Indo-Ceylon,
is 8d <40 cents): Excellent Congo, 2s (48 cents);
Fine Congo, rich fall flavor. 2s 4d (56 cPnts);
Souchong and Parje«llnz. 2s 6d (60 cents; Choice
Soucbon;,' highly > connoisseur's tea, 3k 0d .. (85
cents) ; Pore Ceylon teas, - under the names
strong, fine, saperior. or choice. Is Od to 3s 6d
(42 to S5 cents); Pure India teas, 2s to 4s (4S
to 06 cents) ; Finest Parjeclinc Orange Pekoe,' 4s
to t>s (96 cents to $1.22) ; Pure China teas. 2s
2d to 3s 6d (52 to R5 cental ; Finest Lapsing Sou
chong, Ss to 48 (73 to 96 V-ntp) ; black teas,
green teas and fancy teas were quoted |at from
2s to 3s 6d (48 to 85 cents): Finest Formosa
oolonp. 4s (90 cents) ; Finest Scented Cai»r, Ss
(73 cents); Finest ' Moyune hyson. 4s (M cents);
Finest Moyune •\u25a0 gunpowder. 4* : (96 "centj. \u0084 None
of those firms %(Tere4 anything other than" the
finest and highest grade ; of teas. .
ISxcnrslon to TJklah
\u25a0 By taking the excursion on Sunday,
May 1, you have; four hours' at Ukiah,
durinpr which time visits ' can | be . made
to Vichy springs,- flsh hatchery, asylum,
Indian" rancheri a and' other polnts^of
Interest. The trip" can be"; taken in"
absolute comfort, as \u25a0 each '--. ticket ? sold
insures a seat The leaving time from
San. Francisco Is 5:45 a. m. r~ Tickets on
sale at 574 Markef"street'and. ferry. \u25a0•
; Russian ;. hides;and \u25a0 skins ; to : the .value
of; J8.031.71 5 were shipped from Riga to
;the -United/: States :" In *;1 909, > against
$3,474,972. worth In- lm.vwrites' Consul
HernandO'd«;Soto. ": / . :-.
If progress is made along the lines sug
gested we can look for victorious teams in
stead of vanquished ones. It is lime the high
school principals got together* and devised ~a
uniform system of physical training. The
right chord has been struck-
The { teams of the city high' schools are
almost hopelessly lost in the present disor
ganized conditions which surround them.
Instead of having them invade the pool
rooms and nickelodeons we must offer them
inducements at school to ijeep them from
unhealthy associations. •
\u25a0 "\u25a0-\u25a0..- • ..-.:..\u25a0
LeCs strike the iron while it's hot. Now is
the time to do something to lift the boys back
on their feet. Let us listen to their cause.
Everything should be done to bring about
results. The cost in dollars is as nothing com
pared to the threatened cost in vitality.
Water at Swope Home Was Bit
ter, According to Admis*
sion of Witness
KANSAS CITY; April 26. — There was
plenty of testimony in the Hyde mur
der trial today. Two of Mrs. Hyde's
sisters, Lucy Leo and Sarah Swop©, were
witnesses. Neither recognized Mrs.
Hyde. She made no attempt to speak to
Lucy Lee Swope said that Doctor
Hyde gave her a drink of water
coming home on a train from New York
with him December 14. She admitted
that she took some of Jordan the "yarb"
man's remedies on the train and was ill
before she reached home. Typhoid
fever developed in four days after her
arrival in Independence.
Dr. F. M. Perkins was called by Doc
tor Hyde to the Swope house ort De
cember 18, testified Miss Swope, to in
vestigate the typhoid epidemic. Doctor
Hyde expressed the "opinion that the
fever was brought to the~house In food,
said Miss Swope.
"Doctor \u25a0 Perkins said the fever had
walked in and walked out again," she
added. ~ -
Sarah Swope, who is only 14 years
old, was on the stand a few minutes,
md was asked only one question by
the defense.
"I would as soon drink poison as the
cistern water on this place," Miss Nora
Bell Dickson, a second cousin of Mrs.
Logan O. Swope, testified that Mrs.
Hyde told her last fall, in speaking of
the water in tho Swope premises. Miss
Swope also said she noticed the 1 drink
ing water at the Swope house was bit
ter last November. Chrisman Swope
and Stewart Fleming noted' the same
thing, she said. All were attacked by
typhoid in a few days.
After hearing Miss Dickson's testi
mony, Judge Latshaw -ordered it
stricken out as. not relevant to the case.
Mrs. Swope cried today, when ' Mrs.
May Pierce, a nurse, testified that in
his last hours, probably during,, a de
lirium, the nurse thought Chrisman
Swope beseeched his care v takers to
bring his mother to him as he knew
he was going to die, and wanted; to
make his will. \u25a0;"
. Miss Rose Churchill, a nurse, testi
fied that on the morning of December
IS Doctor Hyde visited, Margaret
Swope's room and asked her if she
wanted to take an empty capsule.
"Did he say it Jokingly? 'Was he
laughing?" asked Walsh, Doctor Hyde's
counsel, in explanation. -v- . • .. .
"He was always . smiling," answered
the witness. .
\; Miss Gordon, the nurse, who was on
the stand about an hour at the. close of
court yesterday, testified today that she
saw Doctor^Hyde use dirty water In
giving Chrisman Swope a hypodermic
injection. The statement came as a
surprise to both-the state and the de
fense, as the nurse had never spoken ;
of the alleged occurrence before.
Asked why she Uld not speak to
Doctor Hyde when she saw him using
dirty water in making a hypodermic,
Miss' Gordon said: :
"There is anlronbound rule that we
i shall never criticise the attending phy
sician. I merely looked at Doctor
The state attempted to get into evi
dence the orders that were given by
Doctor Twyman regarding -the admin
istering; of medicine at the house dur
ing the typhoid epidemic. -, Strenuous
objection by ' the, defense caused the
court to send the jury to its room
while the ; point was argued. \u25a0..
The court held that the .testimony
might be jj introduced and Gordon said
that Doctor Twyman i ordered that no"
more of the medicine then in the house
be given* to the patients. All of the
medicine. In; the house., was; destroyed
December 18, -and new remedies . pur
chased, said the witness.
| Telegraphic Brevities |*
APPOINTED Washington, . D.
C., April 26. — Charles 'A., Salmina^ was today
appointed • postmaster ~'.: at \u25a0 ' Marshall, Marin
i county, Tice TC. % G. i Maggcttl, ; resigned: f ;
CONVICTED \u25a0\u25a0 OF SLAYING * HUSBAND— Jcffer-
BonTJlle/ Ind.,- April « 2ts.— Mrs.-l' Pearl ;V Arm
'ftrons,'. charged ; with J the murder o( her^hus
_ band, George Armstrong, by poison, was found
guilty, of i manslaughter today. ' -
.April 28. — W.- R. Fltts. : justice of Jtbe peace
HOf i LoTelock,"-. Ne?.,'- committed [ suicide | In Ite.no
. this afternoon v > byi; . taking :•?: strychnine. >~De
.. sipoDdency, is suppoeedto haTe.been'thccause.
> 2Q.—At the. Savoy, chapel today Charlefc Cadell,
* son of. Lieutenant General Cadell of ; ttießrlt
. lsh » army. - was ; married \u25a0 to : the : widow of
C-olonel Charles; Bantroni,'- U.i 5.. A.,- of .Los
."". Angeles.- ;•- _,% •-)•-:'*' V--. \u25a0'.....?.'-.: \u25a0''•':\u25a0:\u25a0'\u25a0''.\u25a0\u25a0-;, ';. \u25a0"'•" .;,
. Ariz., : ' April ' 2'J.^ — Harry Ollrer j was \u25a0' released
..from a charge of burglaryj today -and "was im
mediately rearrested tb'await Instruction ; from
-the authorities of Los Angelesi. . whero^het-Is
\u25a0;:•"\u25a0 Mid to be wanted on RPTen charges of forgery;
preferred -by.i the {.California . .and 'American
bankers' .- association.'. . '\u25a0.:">.-.^- i . :;\u25a0•••• :•. -.=\u25a0. \u25a0\u25a0?.->«\u25a0
; . .jDuringA the :. last"; three -years ;,', there \u25a0
has been .a" fairly. .steady.; increase--. In"
. the'J quantity": of .nalural-; gas .used") in
this- country ( for j purposes; -a
decrease rln^tlic quantity, "used; foriman^
ufacturing: purposes "and; an increase in :
the average 'price. \ > ".
WANT $30,000
President Bannerman Plans to
Call Mass Meeting to Dis=
cuss Gymnasiums
Children Must Have Proper
Physical Training, Declares
Mrs. Lovell White
in almost a total neglect of the physical
development : of the girls of the public
schools. Mrs.;Li..A: Hayward.,and Mrs.,
Lovell "White both express themselves
deeply concerned iii. this phase of their
worlc as members of the playground
commission, and both will be in at
tendance at the meeting to be called by'
President Bannerman. ;
Need More Athletics
Principal George A. Merrill of the
Lick high school declares that the
present decline of the school athlete is
due to the lack of systematic training
afforded in the public institutions of
learning. In theu ltiniates ocializatlon
of the high school, in which the pres
ent movement is, he insists, a step, he
sees the rescue of the boys from 7 the
present slough of neglect. Enthusiastic
ally indorsing the! . ndividual- athletic
trainer and thee redit system, he ex
presses it as his opinion that much
more time should be given ' the stu
dents out of doors,- in large stadiums
erected near the high schools.
"The right chord; has been struck,"
said he yesterday. "The entire system
of high school training needs revolu
tionizing. Under present conditions
there are too many distractions to call
the boy's attention away from tho
healthy atmosphere of the school life.
In a great city like ours there are too
many temptations to draw him away.
If. we do not make up for this we must
expect to lose that vitality .which loss
was evidenced at the track meet last
Saturday. Too much attention can not
bo given tho physical welfare of the
students, and at the present time too
little is being accorded it.
"The Call is launching a. movement
which should work a great benefit to
the youth of our city, and If progress
is madelalong the lines suggested we
can look for victorious track teams in
stead of vanquished ones. However,
the fault of present conditions does not
rest with the boys. They have no facili
ties'. They are constantly working un
der great handicaps against their coun
try contestants, tl is certainly high
time the principals of the schools got
together and devised a uniform Tsystem
of physical training. The movement is
vitally important; too important to be
neglected for. a moment, and I heartily
indorse the suggestions so far made."
Tho tlrst word of complaint to be ut
tered-by the plucky youngsters who
went out In the field Saturday* against
such terrific odds was uttered yester
day by R. K. Rogers, the star
former of the Lick team. .
"The teams, of the city schools are
almost hopelessly lost in the present
disorganized conditions which surround
them," said he. "With the park stadium
miles from the high schools and no im
mediate facilities with which to de
velop, the prospect is certainly . dis
couraging. "We have no time to make
a long trip to the park, and no Instruc
tion when we get there' if we did go.
The other teams have their regular
physical directors,' while we are forced
to depend on volunteer^oaching from
one of the .universities. ; "With ; small
schoolyard space,' no. gymnasium and no
systematic training,' we must expect a
decline." .. , ,'. \u0084: , ..,
Rogers lowered the Interschblastlc
record Saturday In the, 22o yard dash,
establishing the time of :22 2-5 for the
event. He also has the : bay counties
league record in' that event, and has
tied the Amateur athletic league and
San Francisco league time in the 220
and 100 yard dash. He was the only
entrant among all the San Francisco
teams to win a first place. .
» "Lam convinced of the truth in the
arguments advanced and feel, with the
others in the department, that more at
tention should bo given the physical
training of the high school students,"
said Principal Morton : of Lowell yes
terday. "In the city there are too many
attractions to draw the boys away from
school life. Some effort must be made
to hold them. Instead of having them
invade the pool rooms and nickelodeons
we must offer them inducements at
school to keep them from unhealthy as
sociations. I believe The Call has ad
vanced a splendid idea . which should
be acted upon at once. /The suggestion
of individual athletic instructors, more
play grounds and high school credits
for track work should immeasurably
contribute to the rejuvenation of our
school athletic enthusiasm. A mass
meeting is a good idea" and will have
the effect of getting the department
and the students in touch with" each
other " ' '
TIME TO ACT r .-,'".
,"Now is the time to get together, I .'
said' President Bannerman yesterday.
"Let's hit the iron while it's hat and do
something for the boys.' V Let us listen
to their cause. "We have witnessed
their efforts and how; must remedy the
conditions their failure reflect. A mass
meeting will put us in touch' with the
evils of .the present system, and. then
we can intelligently remedy . them.*' " '\u25a0>
.."In sending out the" call for the meet-;
ing President Bannerman will direct
Invitations: to > President ; "William. Y.
Humphrey of the -Olympic club, Sidney
S. Peixotto/; president of the Pacific
Athletic association, the members of
the; playgrounds "\u25a0 commission .and the
members, of the .track teams of the
different high schools. An attempt will
be made to have Frank Boke of Oak
land attend* and £lye ,an exposition of
the system now being used in. that
place. Plans will then: be formulated
by which some credit, system: can be
uniformly :,adopted- in the city: high
schools and the matter of instructors
presen ted : to the proper, municipal , au
thorities. In the budget of expenses
to be ;allowed r for the coming fiscal
year the" board of \u25a0\u25a0 education | has asked
for, but ,$3,000. .f0r "athletics.", ,y An . at
tempt 'will be* made , to have" the^board
of rsupervisors raise.this amount to
$30,000,. so ; that gymnasium equipment
can be purchased for the ffour schools
now dependent on i their bounty. '
Want More ; Playground s; - ;
_ J'More, playgroand'room for the school
children," was : : the slogan \u25a0of -„„ a V mass
meeting of parents tof '..the Hayes?val
ley, district/; held last night at tho head
quarters of the ' Hayes -Valley improve
ment club, '560 tHayes' street. ' ;.; : ' ;
-\ The :y: y meeting,:: which~was " composed
largely ~- of \ women, l adopted i, at rcsolu-"
tion 'demanding* that: the "board of i su
pervisors ,* appropriate -sufficient^ money
to:enlarge thelJohn' Swett. school 'from
-12 Ito 14 \u25a0: rooms, -taking t action Von, J the
statements vof ; Mrs. v M.-> M. Fitzgerald,
principal •of * the \u25a0\u25a0 school, to the - effect
that the, attendance had doubled .within
therlastvitwo jy^ars:/:'.' *\u25a0 ••\u25a0 /':.;" v '.>^'----v -
;* A: resolution J was -v: also adopted 7;re
questing i. the -' supervisors,'} in ' tho \ next
budget; to appropriate; a: sufficient \ sum
to cut" down ; the 'Hayes .-street "hill,;, in
order. : to ?give I the ; district t better trans
portation ;3 facilities.'^. \u25a0:\u25a0.<-, A:; letter- fronV
Mayor.?, McCarthy ,*i stated £ that *;he': ; was
heartily/in favor?of^rembving; the: hill:
;',\u25a0 Among the "speakers -of * the \ evening
iwere:'j ; ,; \u25a0 :'/-. •;,\u25a0;.;- - •,; ; ?..'\u25a0;\u25a0 \u25a0•. \ -I.i >> \u25a0
MiM*Jetnnctte. Carroll Andrew ? Gallaghers \u25a0 -.'\u25a0-
Mr?:'T,r E)cnor\ •- -:• -T.". K.~ Sparrow •. .:
H. Z.: Marshall : : - J.; J. 'McManus "\u25a0\u25a0\u25a0 ' •
Board of Works Must Decide
Whether Structure Is Aviary
or "Spite Fence",
After Bitter, Fight Members of
Family Suddenly ' Experience
1 Finer Feeling
Continued Front Page 1
knowing "that the work' must be pre
vented to maintain the family's strate-;
qic position in the negotiations for a
sale. \u25a0
Defiantly Sat Her Ground
The girl's mother was absent from
home, and as soon as: Wagner led his
workmen to the west side of the apart-,
ments which .was "flush with tho Muel
ler domain she seated Verself with her
back against the new structure and de
fied the workman to lay a hand on her
or sheet "lath the wall. "Wagner in
structed his men not to touch the girl,
but to proceed and. place the board,
leaving open the area which the girl's,
back covered.
When the workmen were required to
lath the wall . higher up they swung a
painter's scaffold from the roof of the
apartment and hung out over the Muel
ler property. Miss Mueller at once se
cured the garden hose, turned on the
water full force and with a winsome
laugh proceeded to give the workmen a
drenching. \ While she directed the
stream of water neighbors, under the
direction of the plucky girl, picked up
saws, hammers, squares, rules, planes
and other paraphernalia of the-work
men and threw them into the street. In
spite of all opposition, however, Wag
ner won out and the' west side of the
Terrace apartments was lathed in rec-.
ord time.
Sudden Love for Birds
There was a council of war in thd
Mueller household that night, at which
were present Mr. and Mrs. Charles F.
Mueller. Misses Erma and Lucille Muel
ler, L. C. Mueller, the son, and Mr. and
Mrs.'C. W. Cochran, owners of adjoin
ing property and friends. An attorney
was consulted * the \u25a0 following day con
cerning legal amenities, and at the n^xt
meeting of the board of public works
Mrs. C. I<\ Mueller's Innocent looking
petition for a permit to build an aviary
was granted without any opposition,
very few peoplebeing aware that such
a petition was in existence. '
The following Saturday at noon, coin
cident with the quitting of the work
men on tho unfinished Terrace apart
ments for their half holiday, building
activity began in the Mueller back
yard. Mueller senior and Mueller
junior, reinforced by Neighbor Cochran,
all professional men in ordinary life,
became, carpenters. Posts were driven
into the ground along the entire east
side of the Mueller property and within
a very short time boards were slapped
into position and securely nailed.
- Superintendent Wagner had estab
lished a record in lathing, but during
that Saturday afternoon and night his
achievement was eclipsed by mere ama
teurs. Sunday morning saw a board
wall about 15 feet high running the
entire length of the Mueller property
parallel with and two and'a half inches
away from the west side of the Terrace
" Representatives of McDonald and Ap
plegarth were notified and they hurried
to the scene. '
"It's monstrous!" "Why, they will
ruin the view." ~ "It's illegal." These
were some of the expressions which
broke forth, and Commissioner Day of
the former board of public works was
hurriedly summoned. . \u25a0
Asked what the structure meant,
Mueller innocently replied that the
"aviary." was in course of erection and
calmly showed Day his own signature
at the" bottom of the permit to con
struct the same. .___
Indignant as were the expressions
hurled at the fence when -it was 15
feet high, they were mere pleasantries
compared with. the, orations which were
erated when the fence was a few days
older and 30 feet high, completely
shutting off the west side of the apart
ments. - . ,
Mrs. Mueller, who planned the fence,
watched, its rgowth with an t "it will
be a -big help, to- the author when It
grows up" expression, while, Kenneth
McDonald and his partner, Applegarth,
viewed it with increasing despair. -
The owners of the apartments sued
for terms only to be informed that the
Mueller property with. it 3 appurtenance
of an "unfinished aviary" was for sale
at $9,000, an increase to offse\ the
price. of the lumber and labor in the
•'aviary ." No agreement could be
reached. .
This\one wall was- the only part of
the proposed "aviary" erected, and
when the scaffolding was removed.yes
terday ;McDonald and Applegarth came
.to the conclusion that no more of the
.avlary would • ever be built.
."That isa-splte fence and. not an
aviary," said Kenneth McDonald yes
terday,", and It* was built because we
would not pay the exorbitant and ab<
surd price, of $8,500 for the Mueljer
property." It Is apparent that the struc
ture is nothing - more than a subter
fuge to hurt our property, and we have
hope i that - the board of public works
will take action to condemn it."
X- Mrs. -Mueller, : discussing the matter
yesterday/ admitted that the aviary was
in rather an unfinished condition and
could give no definite date at which
operations would be resumed. She also
commented on the difficulty, of securing
birds which /she fancied and which
would be desirable Inhabitants of the
aviary. "\ ::\u25a0\u25a0\u25a0-.." _ .
: ."That aviary wall will . stand," said
Mrs. - Mueller, "despite any thireats to
tear it down: In regard to when I win
finish : it, .that is a matter in . which
no ono but .myself can have any pos
sible interest." \. .'
../In; the meantime the neighbors: think
that ; the ; "spite fence" is a "bird," and
that -war. is all that Sherman .said
about it. ,' v V - \u25a0 '-'\u25a0 i'ii"t : .y
Spring Medicine
There is no other season when medi-
cine is so'much needed as In the spring:/
The i ' blood 'is Impure and impoverished
— a.- ; condition. . Indicated \u25a0 by/ pimples,
boils and other eruptions on the -face
aridlb'ody,. by deficient 'vitality, loss of
appetite, lack of" strength.
.The best spring medicine, according
to the ; experience and .testimony of
thousands, /annually, is Hood's Sarsa-
parilla:.. It -purifies" and enriches the
blood, ; cures" eruptions, builds up the
Any, preparation said- to be "Just as
good", is rlijf erior, -costs less ito . make,
and i yields ~ f the dealer a larger > profit.'
Insist on haying:
Hood's Sarsaparilla
; : \, Get * it^ today.' i: In liquid form or \u25a0 chocolated
tablets" called -Sarsntabe. \u25a0 ,"100Vda»cs'$ir;;. r
Great Norwegian Poet, Novelist
and Dramatist Dies in Paris
After Long Illness
Unable to Submit to Necessary
Treatment, He Succumbs, .
Surrounded by Family
PARIS, April 27. — Bjornstjerne Bjorn
son, the Norwegian' poet, novelist and
dramatist, .reformer . and advocate of
universal peace, died here tonight, sur
rounded by his family. His:, end was
peaceful. . v •
The last serious illness of the novel
ist extended over nearly-a. year. He
was brought to Paris for special treat
ment in the early part of last Novem
ber., accompanied- \u25a0by \u25a0 hl3 \u25a0 wife and
daughter, a physician and nurse, and
during part of the journey traveled
with the king of Denmark in the king's
private carl
In Paris, however, he was unable to
receive the treatment for arterlo sclero
sis, from which he was suffering, but._
notwithstanding, he showed marked
improvement for a time, due entirely to
his wonderful vitality.
Again in February his death was ex
pected momentarily, but the crisis
passed, though leaving him less able to
withstand tho next attack. During the
last week it was apparent that he could
not hold out much longer. Prior to his
death he was unconscious for some
j Bjornstjorne Bjornson was barn at
Kvikne, Osterdalen, Norway. December
8, 1832. His father, was a clergyman.
He completed his education at the Uni
versity of Chrlstiania and Copenhagen
and first became known in consequence
of \u25a0 some articles and stories he con
tributed to newspapers.
In 1557 he returned from abroad and
was first director of the theater in
Bergen and afterward for a short time
editor of the Aftenbladt Journal in
As a journalist Bjornston expressed
strong •_ republican opinions, j which
aroused considerable public excitement.
Finally he was condemned to a year's
imprisonment for treason, but escaped
to Germany and , afterward to America
and did not return to Christiania until
1852. Once more he began the work of
agitation against the government and
the union of . the two Scandinavian
It was Ole Bull who appointed him to
the directorship of the Bergen theater
and in ISSB he put on the stage "Hilte
Hulda" and "Mellem Slagene." Other
notable plays written by him are "Kong
Swerrere," the triology of "Sigurd
Slembe," and the tragedy of "Mary
Stuart." - His comedy "Hanske" was
translated for the English stage in
1594. •
Bjornson's first novel, "Sinno Eve Sol
bakken," appeared in 1557, and on the
celebration of its fiftieth anniversary,
at Christiania, the novelist received an
enormous number of greetings from all
countries. It was followed by "Arne."
a sketch of Norwegian country life;
"A Happy Boy" and "The Fisher Maid
en," both stories of the peasantry.
As a lyric poet Bjornson took high
rank; he even attempted the composi
tion of epic verse. He was a volum- '
inous writer and dramatist, and in all
his work strove to become a vehicle
of national feeling, seeking to give ex
pression to the Norwegian spirit. He
was looked 'upon as one of the most
stimulating influences for the revival
of Scandinavian literature.
LOSS ABOUT $2,000,000
Nine Men Arrested in South for
NEW YORK, April 26. — Details of
what is described as one of the most
gigantic Jewelry frauds of recent years
with merchants of many of the larger
cities as the victims were given out in
New York tonight in a formal state
ment Issued by M. D. Rothschild, presi
dent of the jewelers* board of trade.
The losses are estimated to date at
5500,000 and a full investigation, it is
said, will greatly increase these figures.
Some estimates of the loss range as
high as 52,000,000.
\u25a0 '- While jewelers 1 are said to be the
principal losers, dealers in general mer
chandise are also said io have suffered
and insurance frauds and arson figure
in the charges.
The nine men said to be involved
were arrested simultaneously in three
different southern cities Friday. The
technical charge against them is said
to be conspiracy to defraud the gov
ernment and withholding assets from
a trustee In bankruptcy.
Prosecution of the charges has been
referred to the United States district
attorney at Mobile.
\u25a0 m '
:. Man., April 26. — One woman is known to
have been burned to death at Reston in a
prairie -fire that caused great loss of property
In western Canada today.
Two Splendid Vidor Records
"Has Anybody Here Seen Kelly ?" -
Sung by Nora Bayes in the "Jolly Bachelors"
"By the Light of the Silvery Moon"
Sang by Billy Murray and the Haydn Quartette.
q We carry a stock of 1 00,000 Victor Records; hundreds added
every month. Victor Records fit any make of Disk Talking Machine.
VICTORS $10 to $60— Easy Terms
Saturday Afternoon 'at 3 . o'clock m our Recital Hall.
Public cordially invited. Take elevator to eighth floor.
Sherman IMay & Go
Kearny and Slitter Street^ San Francisco
Fourteenth and .Clay Streets, Oakland
Gen. Nelson Henry to Become
Surveyor of Customs on
Governor's Suggestion
Interesting Coincidence Marks
the Appointments of Two
New Yorkers
WASHINGTON. April 26. — Senate
committees now have in custody The
nominations of two Important office;.,
of New York, drafted by Presidert Taft
for the service of the United bta'es.
The nomination of Governor Charlei
E. Hughes to be associate justice of
the supreme court in place of t:> c la re
David J. Brewer awaits the report of
the committee on Judiciary.
The nomination of Adjutant General
Nelson Henry to be surveyor of cus
toms in place of General Clarkson of
the port of New Tork la in the hands
of the committee on commerce.
It was an Interesting coincidence that
brought the appointment of thes<> two
New Yorkers to the senate on tha tans
day. Governor Hughes and General
Henry are close personal friends anl It
Is known that the indorsement of •;o\
ernor Hughes was virtually tho decid
ing factor in the appointment of Gen
eral Henry.
There seems no doubt of the prornpr.
confirmation of the appointments.
CLy A Good Store for Mc»
733 to 737 MARKET ST.
Bet. 3d and 4th
Lots of clothes appear good at
the try-on. But a- week's wear
demonstrates that they are so
much doth, so many stitches —
and that's about all.
They haven't that essential of
all good clothes — tvear.
Carroll & Tilton clothes are
carefully tailored on a needle-
moulded basis of shrunken can-
vas and haircloth.
They have "style at the try-on
and that style they'll hold to the
They're easily worth from $5
to $10 a suit more than the i
mere clothes kind. Prices^ —
$15 to $35. .
Branch Store — 1440 Fillmore Street
No Cure— No Pay
We will not give you a lecture on the
wonderful curative powers of elec-
tricity, but if you have Rheumatism,
nervous headaches or other nervous
ailments or anything wrong with stom-
ach, liver or kidneys, go at once to
your druggist and get a pair of
We don't simply guarantee they will
cure you. we still do better than that.
To insure you against any uncertainty,
we have arranged with your druggist
to sign a legal, binding contract with
you, agreeing to return the money if
they fail to cure. You know your
druggist, you know his name on. a con-
tract makes you sa'e, then WHY don't
you try a pair of ELECTROPODES?
If they cure, they cost one dollar; if.
they fail to cure, not one cent.
If your druggist can not supply you.
send $1.00 direct to the WESTERN
Angeles Street, Los Angeles. Califor-
nia, and they will see that you are sup-
Mention your Druggist's name.

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