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ROBERT BARR Will Give His View of His Friend, MARK TWAIN. In The Sunday Call Next Sunday VOLUME CVIIL— NO. 35. FOURTH "SAFE AND SANE" BUT STILL GLORIOUS Eagle Screams Throughout City as Joyously as Ever, Thotfgh on the "Soft Pedal" in Address at Park, Re plies to W. F. Herrin's Corvallis Speech Declares Apathy of Ultra Con* . servatives Has Forced Rad- ical Political Action WITH music, eloquence and fire T works, but with little arnica and surgical bandages. San Francisco yesterday celebrated with its "cafe and sane" fourth of July the one hundred and thirty-fourth anniversary of the birth of the American republic. In every part of the city there was patriotic jollification, and the quietest places were the emergency hospitals. TTh»* chief noise was contributed by the blare of the brass band, but the small boy with his torpedoes on the car track helped forae in adding to the glory of the day. -Every flag in the city was hung on its pole and the thermometer balanced ideally in the tube in honor cf the great outing day. : . Celebrate at Park The principal celebration planned by the fourth of July committee was held in Golden Gate park, where Judge John 1". Davis delivered the chief address. The day's program of exercises start ed at 9:30 in the morning at the Xorth beach playground. During the after noon exercises were held at the Mission park playground, Nineteenth and Do lores streets; south side playground. Seventh and Harrison streets, and at Glen park. There were athletic games \ and harness races at the etcdiuin in Golden Gate park and aquatic sports et tiie foot of Van Xess avenue. During .the evening there •were displays of fire works at Union square, Portsmouth square. Mission park. Columbia square, -2Corth beach playground and <Jlen park. Mayor's Ankle Too Weak Mayor P. 11. McCarthy was to have ireen one of the speakers at the Golden tiate park exercises, which were held e.t the Fpreckels music stand. But the mayor has not yet recovered the full *^se of his ankle, and while he viewed Ahe exercises from his carriage did not Jeel able to mount the stand and ad dress his fellow citizens. He spoke at picn park, however. The program opened with a flag rais ing by B battery. Fifth field artillery, . Captain George M. Apples commanding. •rThls wa? followed by patriotic music, fflev. Father Philip O'Ryan delivered .-the invocation, and Superior Judge jjJames M. Troutt read the declaration 'of independence. After more patriotic music Judge Davis delivered his ad dress. J^e spoke eloquently of the spirit of •^TT-erics n liberty and the genius of the American nation, and then turned to the pertinent topics of modern affairs, eTiPWPrini; the speech recently deliv ered by William I*. Herrin, chief coun cil for the Southern Pacific company, at the Oregon agricultural college at Cor \allis. Judge Davis did not refer to llerrin by name, but quoted several paragraphs from the text of Herrin's Judge Davis* Address In part Judge Davis said: The insistence of public and po litical affairs as a portion of our experience Is already making Itself •acutely felt Jn the national con sciousness. We afe realizing with a vengeance that In our neglect "of all the great aspects of public life — legislative, judicial, execu tive — many of the expedients that sufficed in a former time are now lv need of radical amendment to fneet the changed conditions. 5n the history of our coun "* try," It is said, "has there been • greater need for intelligent public leadership than now." It has become the fashion of ' late, a* the commencement sea son, to address the graduating classes of our colleges and uni . x-ersities and to maintain that "upon the educated men and women of our country there de volve public duties and civic, re " ' pponslbilities which they may not, without proving recreant to thoir trust, either ignore or evade." Appeals are made to them to do their utmost to secure the best government possible, and especially .to oppose any innovations and ten dencies which may be inconsistent with the principles of representa tive government, and upon which its «tabllity and permanency must - ultimately depend. It Is pointed I out that, in the last analysis, our government is based upon public opinion, and warning is issued that the "deliberate and reasoned judg ment of the community," which constitutes legitimate public opin ion must not be confounded with pubiic clamor. Instances in our country's history are cited where public clamor. If it could have . accomplished Its object, would have proved disastrous, and emphasis is laid upon the wise planning of our . governmental machinery, not' only to grive expression to mature pub lic opinion, but especially •to 're-., , Continued on Page 2, Column* 2 and 3 The San Francisco Call. Judge J. F. Davis, Orator of Day at Golden Gate Park SANE OBSERVANCES REDUCE CASUALTIES Only Twenty-four Deaths Re= ported Compared With Forty =f our Last Year [Special Dispatch to The Call] , CHICAGO, July 4. — The value of a restrained observance of the fourth has again been demonstrated by the cas ualty list of this year's celebration. In almost every city and town where the sale and explosion' of fireworks were prohibited or restricted there has been a decided falling off in the number of dead and injured, compared with previous years. This year's list of dead throughout the country so far as reported totals 24. Last year the total was 44.. whole number of injured last year was 2,361. This year there were only \u25a0 1.M.4. These figures show enormous con servation not only of humah life, but of leg?, arms, ears and eyes, which were so frequently the battered tar gets of destructible explosives. Casualties in Chicago and its sub urbs showed a remarkable diminution from the number of a year ago. One death, due to the accidental discharge of a pistol, was reported, although the day's celebration must be debited with a second death that resulted June 21 from a wound self-inflicted while a boy was cleaning a small rifle. One death was also Chicago's record for the fourth In 1909. It was in accidents that Chicago made its greatest gain by a sane holi day. The injuries in total up to mid night were -only 19. whereas a year ago the record was 47 in all classifica tions. Giant firecrackers caused most of the hurts and there were but few wounds from firearms owing to their banish ment by order of the chief of police. TAFT IXDORSKS 3IOVE3IEXT President Taft added his indorsement to the movement for an orderly and undestructive Independence day. in a statement which he gave out today in Boston. Some of the large cities besides Chi cago which spent a. "sane fourth were Boston. Washington, Cleveland, Cincin nati, Pit tsburg, Louisville, Baltimore. Dcs Moines, Indianapolis, St. Paul, Buf falo. Omaha, Kansas City, Milwaukee, San Francisco, St. Louis, Denver and Detroit. New York might be classed as a par tially sane fourth city because the sale of fireworks by dealers was prohibited. Of these cities some were sane, last year, . this year's converts being Bos ton, Detroit, Kansas City, Cincinnati, Pittsburg, Louisville, Dcs Moines, In dianapolis, Buffalo, Omaha, St. Louis and Denver. The mere intent shown by these cities was a great gain for the move ment and the actual results more than justify their action. For instance, St. Louis, which last' year had one dead and 134 injured, this year had no deaths and only 19 injured. New York Unusually Quiet NEW, YORK, July 4. — New York to day went back to the usages of other times and enthusiastically but -sanely celebrated Independence day. That, at least, is what the city start ed out to do, and bade fair to accom plish. The early hours, at least, . for years over to explosives and noise, passed \u25a0 with .a quiet as notice able as it was unusual. / The forenoon celebration . started early "with the military and civic- pa rade from Twenty-sixth street down Fifth avenue and Broadway to the city hall, with a review by Mayor Gaynor and patriotic exercises, including' the reading of thedeclaration of independ ence on the city hall steps. 'Historical ceremonies in the aldermanic chamber of the municipal, building were carried on while tho parade was passing down the flag decked thoroughfares. Law Proves Effective ST. JOSEPH, Mo., July;4.—St. Joseph's first "sane" fourth of July has been ,v great success. Several months ago the city council passed an ordinance pro hibiting the use of dangerous fireworks or explosivesof any kind and there has been no noise except such as small crackers make. No accidents have hap r pened. I •' Memorial to Washington PHILADELPHIA. , July 4.— ln the beautiful park In the. rear; of Independ ence hall here today an : oration, by John Barrett of the bureau jof 'Ameri can republics .was a: feature of today's celebration. > Following the 1 exercises a -bronze fig ure of George, Washington was unveiled on the .Chestnut street side of Inde pendence hall. •Descendants of; the 56. signers of, the delcaration'of. independence, held their annual congress in Independence hall. / SAN FRANCISCO-TUESDAY; JULY 5, 1910,-rTWENTY-FGUR ; PAGES. BONES OF MAN ARE FOUND ON MT. TAMALPAIS Attorney and Companies See Skeleton Near Spot Where Woman Was Killed Discovery May Throw Light on Mystery of Tragedy Re« vealed in February [Special Dispatch to The Call] SAN RAFAEL, July 4,— The bleached bones of a man were found on < Mount Tamalpais today on the spur of the mountain on which the skeleton of a woman was found early; in; February. The head was severed from the body. . Tj. C. Lennon, a San Francisco-attor ney, was walking down .the mountain from the tavern with two companions. They passed the spot on which the body of the unidentified woman died, ci-ossed the railroad and continued along the trail toward Mill Valley. From a pile of rock they saw the body of a_ man in the bushes. It was badly decom posed and the bones glistened in the light. . . Man's Clothing Observed The men did not approach ' nearer, but were able to see that shreds of a man's clothing draped the bones. Lennon and his companions proceeded to Mill Valley, where they ' informed Captain Melvin Staples, town marshal, of their discovery. It was then too dark for a search to be :made. but Captain Staples notified the coroner at San Rafael, and early in the morning the officials will go for the remains. May Clear \u25a0 Mystery of Woman The authorities of .alarm county are doubly Interested in the finding of this body, as It may throw some light on the mystery that still shrouds the death and identity of the woman. The fact that they were found comparatively close together on the- trail between Mill Valley and the"tavern is considered significant. The woman's remains were badly de composed and the clothing was also much weather worn. For weeks the police of Marin county- and San Fran cisco followed up clews, which might serve to KJentify the victim" or- threrw light on the mode of death, but all ef forts failed. It was thought that the body had been on the mountain side nearly a year before, it was discovered. NEW CHAMPION IS SON OF A SLAVE Negro Fights Like Black Pan ther, Beautiful in Alertness ' and Defense RENO, Nev., July 4.— John Arthur Johnson, a Texas negro,, the son of an American slave, tonight is the first and undisputed champion of the world. • Jame3 J.' Jeffries of California, win ner of 22 championship fights, the man who never was brought to his knees before- by a blow, tonight passed into history as a broken idol. He met death at the hands of the black champion. While Jeff was not actually counted out, he was saved only from this crown ing shame by his friends pleading with Johnson "not to hit the fallen man again, and the towel was brought Into the ring from his, oorner. At the end of the fifteenth round Referee Tex Rickard raised the black arm and the great crowd filed out ' glum * and silent. Jeff was dragged to hiscorner bleed ing- from noseband a dozen cuts on the face. He had a black, " closed -eye and swollen features and he held his head in his hands, , dazed ' and inco herent.^ . . , - ; . Johnson walked out of tho ring with out a mark on hisbody except a slight cuton his Up, which was the opening of a wound received in training 1 . Ring experts agree that it was not even- a championship '; fight. 'Jeffries had a, chance in the second Ground, per haps,.Tmt after this; it was plain that the undefeated one was .weakening and outclassed in every point, and after the eleventh round it was hopeless." • It was the greatest demonstration the ring has ever seen of = the failure of a fighter to"come back"? after: years of retirement. The youth- and science of the black man made Jeffries ; look like a green man. The; great' Jeffries was like a log. The reviled Johnson was like a black panther, beautiful In his alertness and defensive tactics. BRIDGE GOES DOWN > i . $?: - WITH 200 PERSONS Merry Makers Thrown Into Water and Girl Killed [Special Dispatch to The Call] . LASALLE. 111., July 'A.— One person, is ' known to have /been"' killed and 30 se-' riously injured, two, of them probably, fatally, when'a bridge collapsed' during' a fourth of July celebration at Utica, 111., today. There were 200 persons on the bridge, and practically all of them were thrown Into the .water. Rescuers are ; working on the wreck- of the bridge, and it is feared that other victims will be dis-i covered In the water. , The person killed: was Rose. Farmer, aged 16/; of .Utica. Sher was i v internally injured and: died. while on" the way to a hospital. " * - - . •_\u25a0.*\u25a0"\u25a0\u25a0 „ .William Kelly of Utica, was; lnternally injured and brought 1 to a" hospital in La Salle. There is little; hope for ! his re covery.; One other victim) ls; 'ail 2? year, old* boy;\ whose* identity L is not: known. ? ? WHITE MAN'S DEFEAT BRINGS WOE TO BLACKS Riots in Eastern and Southern Cities Follow the News of Johnson's Victory From New York to Texas the V Savage Spy-it : of Racial Hatred Is ßampant [Special Dispatch to The Call] WASHINGTON, July 4.— The hundred thousand j negroes of Washington are in a frenzy of delight over Johnson's vic tory. Several race riots 'occurred in front of the P<jst T build!?ig , wh.en the monster crowd received *he news "of the knockout.-'. -,:. The potice were -prepared for -th» trouble and stopped the flights before they could become serious. \ The negro saloons were crowded with coons filled with gin. - The authorities of Washington are always apprehensive of race troubles, 1 as .the city contains the : largest negro population In ;the United States. Bloodfield. and Swampoodle, two ne gro settlements, \ were so upro'arlous that the police patrolled, in trios. One. or two shooting affairs occurred during the "evening and more trouble", is feared.* Fierce Riots, in New York -;•'••' NEW ..YORK, July 4.— Rioting be tween blacks and-wti'ites broke out in the seven different points in the city tonight following the announcement of the result of the Jeffries-Johnson fight. One negro was dragged^ from a/street car and badly beaten before rescued. • A gang of white men in the Black and. Tan belt-set .fire late tonight to a negro tenement in the middle of the west side. The police and fire departments were ordered- out. V \u25a0• Trouble in Piittsburg j PITTSBURGH July 4.-^-L>s's-than , half an hour a/te^hl.'sidecjslon-of the-flght was announced here : three riot calls were sent into two police precincts in the negro hill district. ' Streetcars 'were held up and; insult ing epithets were hurled at the passen gers. The police beat the crowds back with their clubs to permit the passage of the cars. \ .". - ' . ' . . Negroes Turbulent in St. Louis ST. LOUIS. : July 4.— Rioting 'in - a negro flection of St. Louis, Market street and Jefferson avenue, followed quickly upon the announcement that Jack John son was the victor in the Reno prize fight. • The eighth district police responded to a riot call, but .were powerless' to cope with thevnegroes, 'who were block ing traffic! and making threats. A second call to the central district brought out a score of policemen. The I negroes were clubbed into submission ! and dispersed. : j Attack on White Woman FORT 'WORTH, r Tex., July 4. — Minor disturbances between whites and blacks broke out here following the '"announce ment of Johnson's \victory over/Jeffries this afternoon. The most serious attack was made by,two negresses with' beer bottles on a white woman. V Negroes Beaten * HOUSTON. Tex., July 4.—Disturb ances broke out tonight on. the an nouncement of . Johrison's ,'. victory at Reno. - , " : : . :,V: ,V •- t . ;:.': 1 Three negroes were badly- hurt, by white men inside ofan hour. - : f; \u0084\ Police were called to quell , several mlnbr; disturbances. Conductor Is Shot ; ;;•• LITTLE ;-\u25a0; ROCK,- Ark., July 4.— Lee Roberts, an Iron Mountain passenger conductor, was shot "and wounded dur ing: a^fight on his train between three white men and. negroes today, immedi ately following, the result of ; the Reno fight. . \u25a0 ;. '• 'Two negroes are reported^killed by white men, one by a Rock Island con ductor 'coming . into this city, tonight and the other in town. Race War in, Georgia Town : AUGUSTA, ;Ga.,y July 4.— Resulting in the killing of : three, negroes, Uvaldis.'a small; town of sduth ' Georgia, was the scenes late • yesterday/ afternoon; of, -a race 'riot s which may rresul t in further fatalities. So far no whites have been injured. i'-\ \u0084.'\u25a0 :'- : j/'Sj'. \u25a0\u25a0'.-\u25a0'-\u25a0\u25a0'\u25a0 -\u25a0\u25a0\u25a0-*/ Fights in Los Angeles ' ; j LOS/ANGELES, July 4.— Riot calls were numerous , in, this, James J. Jef fries' home ( town, .between 4:30 o'clock this afternoon- and? midnight ? ; toniglit all of \u25a0\u25a0[ them due to what; occurred at Reiio, today. ,;/ .;\u25a0\u25a0.; '/'\u25a0'\u25a0 \u25a0 -. ",-\u25a0-\u25a0- -*VS~- Flushed witliW small/ cash several' - negroes ; sallied forth; filled themselves) with liquor \u25a0, and looked^ f or trouble. ,_ \u0084;-^, -\u0084.,'i .-,. -. ••, '\u0084 .. „ ', Eight men; three white; and five col ored, had" minor in juries attended V to^ at the receiving hospital this \u25a0'afternoon and ton lghtr. '»>-'".. Negro CoiistableVShot . rjMOUNpS^lll^July^4.^One;man/was kllfe'd :?arid [Vbne'V mortally"', wound cdi* to- , y : 'Continued Von • Page .;», - Column \i 3 '\u25a0\u25a0 „. \u25a0,- ~~\u0094- -T .\u25a0\u25a0;..-.- \u25a0' ' •• ~ •'' r ~-r""\,f -'"'.- -"•\u25a0*<-*\u25a0. .\u25a0r^.'-,. \u25a0-„,... HUGHES FOR CHIEF JUSTICE FULLER CALLED BY DEATH Charles' E. Hughes VAN LIEW TO QUIT OR UNDERGO TRIRL Gillett Secures Report of De« tective Whor Investigated . Charges Against Teacher [Special Dispatch to The Call] ; SACRAMENTO, July 4.— That the resignation of Dr. C. C. Van Llew, prin cipal of the Chieo normal school, will have to be forthcoming in a few days or he will be called on the carpet before a public meeting of the board of trus tees "of the school ta answer to the charge that he hugged Miss Ada CJark, a former pupil of the normal -school, is the information secured from a relia.ble authority today. Governor Gillett has become con vinced, it is said, that there are suffi cient 'gTOU nds^in "the complaint of mis conduct on the part of Van Liew to warrant Gillett in asking Van Liew to step down and sav?e the humiliation of a public -hearing-. Should he' refuse to accept the suggestion the. hearing will be called land- the . Clark charges, ;to-' gether, with other reports, will be'in vestigated in. public. That former Governor George C. Par dee knew of the alleged familiarities of Van Liew with pupils at' the Chico normal and failed to act or prefer charges is the statement of Gillett him self. He said that Trustee J. F. Camp bell of ,' the normal board has declared that former Governor- Pardee came to him. (Campbell) one day concerning the reports of alleged misbehavior on Van. Liew's partand said: . "Well, we wiir appoint him; he is a good educator," • or words to that | et' iect. \u25a0 \u25a0;'-•: - ; -' \u25a0^.\u25a0'-- - : " \u25a0'-.' ' The conductof Doctor Van. Liew was carried to Pardee . in 1903 by a detec tive ; who 'was hired to .investigate the case,, says Gillett. This detective's re port is' in the hands of Gillett and bears out the reports circulated at that time concerning Doctor. Van Liew's al leged love affairs , with young women pupils. ~ The contents' of this report, said the governor, were known to As sistant. Secretary Clyde L. . Seavey of the state board- of examiners, who was a state. officer Uinder Pardee. ~ 200 Mile Race Is Won By Three Seconds INDIANAPOLIS, Ind., July 4.—Daw son, driving a Marmon 'car, snatched the. victory from' Burman, with- a Mar quette-Buick, .in' the ;-last five jmiles of the annual 200 'mile race" for the Cobe trophy at; the motor ; speedway, todya. Burman, who had ;led nearly all 'the long way, flashed over the; wire.: of ;the electrical • tilning I machine : only f three second behind the winner. A pause for a' new tire at the one hundred and ninety-fifth mile cost him the race. . Ilarroun (Marmon) was a close third. liOuis ,, Chevrolet (Marciuette-Buick), who w0n ....-the.; Cobe event over ; the Crown Point,: Ind., course last year, finished fifth, behind Grant , (Alco), fourth. \u25a0 - jT.he American .speedway record I for the distance and for cars of the 'class, 600' cubic inches pistom displacement, wascut fr0m, 2 :63:48.31.t0 2:43:20.14. 'i VTh'e V race^ .was \ delayed 'because'..} the track/ was greasy .:\u25a0; with. -oil and water and Ueam ': managers would : not risk" the lives : bf£ their oh (the; treacher-. ous ; turns '.of ; the; back ccfurse until*'it hadVbeen' swept:} ; ,!;,:• ; Arthurs: Chevrolet took^tHe' lead'; at, the, crack of ; the start er's "pistol "with/ Burman -second and the field^strung;6;ut." \ At- ; 20 miles 'Chev rolet ?: began T to s -have tire troubles: and lost'' first;- place f. to r^ Burman. V'H?;'re gaihed":thei:iead-"2o;niiles farther; on, but!couldrnotfhold'it. . . . 1 From -then on, through; many milesthe Vac'eT was %a? merry 7 go-round;? for \u25a0Bur man. : He ; did Jhot ? stopVohce^until \u25a0 the one \u25a0 hundred and eightieth \u25a0:-. mile, when" his front i: tire -.blew j-up.t;'/ He -imade i a qulck'change" withoutMoslng- first place, T but^ls?mlles;farther,JtheVnewT tire? gave .wa y•; u in d er.lt he's tra ih* a n d jf. hadi* t o •'{ be /replaced, : and »Daws6nJ : s ! who^ had been steadily^ pressing- in; I darted to.' the lead and'tb;thelflhalitriuihph7* \u25a0'\u25a0\u25a0. ':\u25a0>\u25a0?\u25a0+ .; Melville W. Fuller CALHOUN'S SWIFT AUTO IS HALTED Railway President Protests in Vain Against Paying $1 0 to Policemen [Special Dispatch to The Call] SANTA ROSA, July 4.— Patrick Cal houn, president of the United Railroads of San Francisco, was nabbed today for speeding his automobile through Santa Rosa faster than the law allows. It cost Calhoun $10 to get away, and then he objected most vociferously to the penalty and vowed all sorts of venge ance on the policeman who arrested him. v; 3 '.-"\u25a0. Calhoun had been north spending his holiday with friends in his touring car. He struck Santa Rosa homeward bound about 5 o'clock -tonight. The road 'was good and the streetcar magnate was in a hurry. ' He Vlid not see Policemen I. N. Lind ley and N. G. Yeager standing by with stop watches, in their hands. The Calhoun machine cut up a quan tity of dust. Out of the dust came the call of authority, Lindley stepped out to stop Calhoun's car with as much poise as if he were stopping one of Calhoun's trolley cars. There was this difference about it: when you stop one of the Calhoun cars it costs 5 cents; Policemen Teager and Lindley got $10 for stopping the motor car. Calhoun objected most strenuously . when he was halted. He assured the .policemen that he was Patrick Calhoun .and was not speeding. \u25a0 The policemen did not question the first assertion, but were positive that he, had broken all knownspeeding laws into little pieces. "Ten dollars for bail or into jail you go," said the relentless policemen. Reluctantly Calhoun turned over $10^ "Let me have your numbers and I'll see to your cases later," he de claimed." The policemen gave him their numbers and a # receipt for the 'slo. Then Patrick Calhoun went on .his way. . Calhoun was not. the only speeder' taken into the police net today. Ed ward B. Bull, manager of the real es tate 'agency which .Mayor Frank K. Mott conducts in Oakland, who was riding :in Mott's machine, was nabbed and had to put up $10. With Bull was the manager of Idora park, Oak land. .. - \u0084 - •* ' Hungry Hundreds Eat Reno Foodless RENO, J July 4.— By 7 , o'clock , 'this morning the- breakfast: problem here assumed; a phase that' boded ill for lunch - and dinner. Throughout 'the night and the forenoon the special and regular trains had added : their cargoes to .'the thousands already on .the ground and most of "them had gone foodless for hours. : = . .. , As .each train arrived its passengers made a dash for restaurant, lunch stand of sandwich hawker and Reno's food suppiy began to melt. When; the lucky thousands who had places to sleep-began to turn out by sunrise they/found the homeless throng had ben before them. ; .At every res taurant and eating place' the ; doors were .locked "and guards ;kept 'the wait ing- ones in line, letting them in only as a customer departed. 'At 7 the bacon and ham supply was exhausted. hour-later it was merely a*ques tion*of taking -what the red. eyes and worn waiters placed before one. 1 Table linen .had disappeared f and ,dish wash ing/was a, pretense. • Reno /has . done-;its best; but with its 'population of ' 12.000 more than doubled ?;ln : l 24 :hours. -.with traffic con ditional ••; abnormal 5 and ; a \u25a0\u25a0\u25a0 ready { spend ing^crowdrUhe.; housing .'and "feeding questlon-Awas » beyond; it. . ; '.'\u25a0'} r^One'.thing >thati even: the sorest and the -?- hungriest \ will - remember ;to the credit v of .; the i' little r.city.r however,, is that ? with ..it :\u25a0 all -^ food v prices have v not been f appreciably "raised."- -^\u25a0^ THE WEATHER YESTEFiD AY— CIear; vest. "nind; maxi lnumykwpera lure 60, minimum 52. FO£&rST FOR TODAY—Fairrsome )Z^eMen^ivarmer; light north i»ind t changing \u25a0\u25a0\u25a0 to west. PRICE FIVE CENTS. TAFT TELLS PLAN FOR New York Governor Slated for Place ; Before Vacancy in Supreme Court INTENTION MADE KNOWN TO CALL'S CORRESPONDENT Appointment May P(ecessitate Special Session of Senate •for Confirmation HARLAN WILL PRESIDE S UNTIL CHANGE IS MADE BAR HARBOR, Maine, /u/p 4. Chief Justice Melville W. Fuller of the United Stales supreme court died of heart failure at his summer home in Sorrento at 6 o'clock this morning. [Special Dispatch to The Call} WASHINGTON, July 4.— Charles E. Hughes, governor of New York, will succeed Melville W.- Fuller as chief justice of the United States supreme court. This statement is -ma.de in such an unqualified way because it is based upon information given by the presi dent himself. Within the last 10 days Taft, discussing the report, which came from Oyster Bay that Colonel Roosevelt intended to ask Governor Hughes to withdraw his acceptance of an associate justiceship of the t supreme court in order to run for gov ernor again, expressed the positive conviction that Hughes would not yield to the former president's appeal if it were made. Choice Made Months Ago The president doubted the authen ticity of the report, however, and his own judgment in this respect has since been vindicated, inasmuch as Roosevelt himself declared there was no foundation for it, and that he never intended to urge the^ governor to be a candidate for re-election.- Taft based his, confident assertion as to Hughes' attltudflrfit this matter upon knowledge he had gained In a conver sation with the governor at Albany a few months ago. It was on that oc casion that the president gave the gov ernor to 'understand that" it was his purpose to make him chief justice if the opportunity to do so presented it self during his administration. Chance Earlier Than Expected The cliance has come much sooner than the president or anybody else had reason to expect, and therefore even before Hughes is sworn in as an asso ciate justice he is destined to become the presiding officer of the highest fed eral tribunal. Even If the governor had already taken his seat on the bench as an as sociate justice, the president would not have hesitated to elevate him to ths position of chief. Justice* afterward* al though it has not been customary for a justice thus to be* promoted over his associates. At the time the president had his talk with the governor at Al bany, Hughes had not yet been offered a place on the supreme court. Appointment No Surprise A vacancy did not exist, although soon afterward Associate Justice David J.* Brewer suddenly expired, and when the tender of the vacancy thus created was made to Hughes it did not come as a surprise -to him. But, besides informing the 'governor that it was his purpose to offer him a seat on ih« bench whenever a vacancy (Occurred.^ the president frankly told him that if the opportunity came he would ele vate him to the chief justiceship. It was a personal conversation. In which, the president told the writer of his plans with respect to Governor Hughes. That Is to say, the Informa tion was not for publication at the time, but with the death of Chief Jus tice Fuller the restriction Is removed. Senate's Approval iNeeded The president will make a formal announcement in due time. Unless the president should call an extra session of the senate in order to have ihls ex pected nomination of Hughes as chief justice and also the nomination of -an associate Justice ' confirmed before th» supreme court meets in, October Hughes will serve* as associate justice until congress meets. ln regular session next December. .:• US -- During the interval Associate Justice Jonn-'jl. Harlan will be acting \ cbial V V