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SENATE ERRED II CONFIRMING WHITE'S NAME \u25a0 \u25a0\u25a0\u25a0 Nomination of Chief Justice In correctly Worded, Say Washington Lawyers Democrats Given Advantage in Appointments Made by President Taft [Specie/ Ditpclch to The Call] WASHINGTON. Dec. 12.— Edward D. "White, associate justice and a demo crat from Louisiana, -was today nomin ated for "chief justice of the supremo court of the Unltei States," by Presi dent Taft. The -wording of the nomin ation was an error, according to mem bers of the supreme court. They say that there is no such office as "chief Justice of the supreme court of the I'nited States." According to the constitution, the of fice to whiclj the president intended to •••Dpoint White is -chief justice of the 1 nited States. 1 AH the orders and de • ••«?es of the supreme court are signed "The Chief Justice of the United S'atcs." Attorney Gerera? wfekorsham. it \u25a0«"S3 stated, forv.-arjej t i,e nominations to the V.'hlte Jlor.sr In tlie proper form. He wrs awar« that the nomina tion shc-!.i have been for "the chief justice of tbs United States." and not for "chi*f iM S t« re of th(? s .jp reme court of the United Slates. The cli.-i-gre must have been made after the p .peres ]*ft the attorney gen eral. Vh::e some of the members of the ser. -;•<\u25a0- v.-ere inclind to minimize the *rror. !t ts Bald that the members of the sur)>.::n': court regard it seriously. However, the damage can be repaired by making the necessary change in the • '-•Timissio". Before the error was dis « -vered. the senate had confirmed Jus- White's appointment as chief jus- Eeldom in the past have judicial ap rointiQeata bc-*n awaited co eagerly as i T!;e present Instance, seldom has a ;>:~Eider.t been called on to make aj. • nttnents that will have more to di with the future of the country. In M.c Northern Securities case, regarded :»* a grood test by which to judge the Temperament of the present members the court with regard to the trust problems. Judges Harlan, Brown, Mc- K#«nna. Day and Brewer sustained the government in the demand for a dis solution of the combination. Chief .Justice Fuller and Justices White, x'eckham ar.d Holmes dissented. A s the court will stand, if the pres ent nominations go through, it will in '\u25a0'ide three members who sided with th« government at that time — Harlan. MeKenna and Pay. in the lower court. Vandevanter also upheld the govern ment contention, just as lie did later '.'.. the Standard oil case. That makes four for the government. In other words. th« government has lost two, Justices Brown and Brewer, who up held its contention with regard to Trusts, this loss being offset by the deaths of Chief Justice Fuller and Jus lice Peckham. who favored the other side. BAD FOR TRLSTS It would seem, therefore, that with Yandevanter added to the court, the .- government would be in a good posi tion to try its two big trust cases, the Standard oil and tobacco trust, ••• \u25a0'.:' n they are reargued on January ". It- is not at all certain, however, that nominations outside of Chief Jus tice White, will be immediately con tii tno<]. Ihturgents say the .-ippointments iv.-re a surprise to them. Senators Cummins of lowa and Borah of Idaho 5:i!.1 been asked b^the president to in wstigr.-tte certain names on the judicial list. They investigated and reported. *"one of the names on which they made a report was included in the nomina tions. Tlie insurgents, it is said, will carefully investigate all the men who Lave be*»n' named by the president, with the exepption. of course, of Chief Jus tice White. Judge Hunt for the commerce court. • classmate of President Taft, will gr> through without opposition. He v-:. 'rr.-rstigated previously, when appointed j to the customs court of appeals. There i may be some opposition to the selection i of Chairman Knapp of the interstate j commerce commission, since lie is re garded as a conservative", and his re cent speech relative to better treatment \u25a0f the railroads is not relished by the n c prcren t X **~ _ • "*\u25a0**• The appointment sto the interstate eommercei commission are considered progressive." Both McCJiord and Meyer *re considered excellent men. Merer I*3 a friend of Senator La Fol ii r tte. It wss probably to consult With r'%*?<\ to the appointment that the Tir^f-i-ient sent for the Wisconsin sena tor. La Follette evaded an interview by writing a letter expressing his The insurgents naturally will not ob ject to Meyer. Mack, a democrat, was opposed for appointment to the com ineroe court by Senator Cullom of 1111- Tioi«c. Cullom wrote the president stat ing frankly that an appointment of a '•democrat, with so many republicans to choose from, would hurt the republican party in Illinois. Altogether, the democrats seem to 3iave the best end of the bargain. They FTOt the chief justiceship, an associate justiceship, two places on the new court of commerce, which will hear ap peals from the interstate commerce commission; one place on the !nter- Ftate '-ommerce commission, and the solicitor generalship. As one senator put it. "This certainly looks like a dem •ocratic year." * „*\u2666"• WHITE COXFinMED Th* 5 j=ena.te confirmed today the nom ination of Edward Douglas White of lyouisiana to be chief justice of the ITnlted States. Accompanying Justice White's name in the list of nominations were those of Justice Willis Vandeventer of Wfi oniing, now a judge of the eighth ju dicial circuit, and Joseph R. Lamar of Georgia, formerly of the supreme court of his state, to be associate justices of the supreme court of " the United States. No action was taken in their cases, nlthough there is no apparent opposi tion, nor was any attempt made to con firm the judges named for the new • ourt of commerce. AH were referred to the senate Judiciary committee. The nominations for the commerce tourt were: Martin A. Knapp, chairman of the interstate commerce commission, for a term of five years; Robert W. Arch ibald, United States district dudge f Or •the middle, district of Pennsylvania, term of. four years; William H. Hunt, judge of the court of customs appeals, formerly United States district judge jot the district of Montana, term of years. ' \ ohn Emmett Carland of South Da ko*:a, to be judge of the new court of commerce for a term of two yeats. Thl s Is a change from the original elate. Arthur C. Denlson, United States district judge for the western division MME. LUISA TETRAZZINI of Michigan. liavjng first been selected for this place. Julian "\V. Mack, judge in the appel late circuit court of the first Illinois district, term of one year. Tlie senate committee on interstate commerce will meet tomorrow to con sider tlie nominations of C. C. McChord of Kentucky, and B. H. Meyer of Wis consin for membership on the inter state commerce commission.' Immediately after the disposal of the routine business of the morning, hour Seantor Hale moved that the senate go Into executive session. So anxious were several of the senators who had other business they considered pressing that they rushed to the side of the Maine member to protest. ""I am going to have White con firmed." he said. "Nonsense," several of them respond ed in unison. HEVBIRX OBJECTS When at last the doors were closed the nomination of Mr. White was laid before the senate. Mr. Hale did not wait for the reading of other nomina tions. b\it immediately moved confirma tion of the chief justice. A few voices were raised in protest, but Hale spoke for abo^ut 15 minutes, dealing with Mr. White's demonstrated fitness for the place and dwelling on the fact that he had been a member of the senate. The only voice raised in opposition to immediate confirmation was that of Senator Heyburn. He declared himself opposed to the selection of any one of the associate justices as contrary to both precedent and policy. The Idaho senator eventually sur rendered gracefully and when the vote was taken joined his voice with" all others in the affirmative. Frederick W. Lehmann of Missouri was confirmed to be solicitor general of the T T nited States. The following appointments were ap proved by the senate committee on ju diciary: J. R. Clark Jr. of Utah, solicitor for the state department. W. T. Thompson of Nebraska, solici tor for the treasury. Among the nominations sent to the senate by the president were: To be consuls. William W. Handley of New York, at Naples, Italy. Carl Bailey Kurst of the district of Columbia, at Lyons, France. • Lee J. Kenna of Michigan, at Flor ence, Italy. Marion Letcher of Georgia, at Chi huahua, Mexico. Hunter Sharp of North Carolina, at Belfast. Ireland. Edwin D. Winslow of Illinois, at Plauen, Germany. To be receiver of public moneys, Vivian l 2 Jones of California, at In dependence, Cal. WEALTHY CLUBMAN SHOT BY HIS WIFE Grandson of Shoeblack King Is Seriously Wounded in a Mysterious Manner PHILADELPHIA. Dec. 12.— Herbert Mason Clapp, a wealthy clubman of this city, is in a hospital with a bullet in his head and likely to dfre and his wife is locked up charged with having shot him. According to the police the couple quarreled in their, room at 3:3oo*clock this morning and -Mrs. Clapp seized a heavy revolver and shot twice. Clapp has . had a career which has frequently brought him before the pub lic. He is a grandson of. Mason, "the shoeblack king," and inherited much money from that source. Four, years ago his wife divorced him in New York. Shortly after the divorce Clapp mar ried Marie Leakell, of this city. . After being cross-examined Mrs. Clapp said the shooting was done while she was trying to wrest the revolver from her husband's hands. She - said he drew a revolver from a holster which he kept under his pillow and threatened to kill her. . Mrs. Clapp was released' tonight -on $2,500 bail. Her husband is still- In;a critical condition. A- woman doesn't mind .being, fooled when she does: it' herself.' It takes an' optimist *to sidetrack trouble when he meets ; it." . ' ; •t — ' ,\u25a0 It isn't half as hard'to buy a man as It Is to keep him bought. Fortune may not knock at your door, but you can always depend- upon un desirable callers. It's a great plt>'4 the wisdom of ex perlence- can't be applied » to ? the , thing that taug-lu it to u».- THE KAtt raANOJSCO CALL, TUESDAY; DECEMBER 13; 1910; RATES ARE CUT BY SHIPPING COMPANY American»Hawaiian Line • Re* duces Schedules to Those of Competitors Word was spread in shipping circles yesterday that the American-Hawaiian steamship company had cut its rates to meet those of the California-Atlantic line, known as the Bates & Chcsebrough company. While, _ there,, were general denials of an impending rate war, it was clear that a great struggle for business had been begun. The American-Hawaiian company operates by way of the Isthmus of Te huantepec, while the California-Atlantic line uses the Panama railroad. The situation did not become acute until the early part of November, when. the Cali fronla-Atlantic inaugurated a dispatch service to New York with a flat 40 cent rate. The next move came from the Pacific Mail, which came back with the same rate and a similar dispatch serv ice. All this time the American-Hawaiian was carrying full loads at rates vary ing from 45 to 65 cents a hundred. Within .the last few days, however, have come rumors that the Pacific Mail boats might be withdrawn, leaving the field to the California-Atlantic and the American-Hawaiian. As though to an ticipate a keen rivalry with the Bates & Chesebrough line, the American- Hawaiian has made rate reductions and has shortened its time between San Francisco and New York. While' the American-Hawaiian is not quoting a. .flat 40 cent' rate, it is ac cepting occasional cargoes at this fig ure. Recent shipments of barley and beans have gone forward on this sched ule. In order to bid the more strongly for business against its . rivals, the American-Hawaiian has broken its rec ords for quick service. Its shipment from here November 7 was landed in Ready to serve from the pack- age, witn creain. • m ju^2^^^^.T"7' mm ' m ' i^vr When hungry children call for l^ff^^^jjS^^l^fi [^ something, this delicious food is l|Bj|Ty?^p|j fv}gßJ|f|| /& Post Toasties are dainty and 'a "The Memory Lingers" k^SB^^PI rfi Postum. Cereal Co.,- Ltd., Battle Creek; Midi.*"/ l^^*^ig*>^'«4jffi^ L f m He<l K£; - "CARO NOME" RECALLS THE OLD TIVOLI DAYS ANNA PRATT SIMPSON With the first phrases of "Caro Nome" last evening Mrhe.,Tetrazaini sang me back; five years and more to the old-new,/ Tivoll, -the „ one ,Jn which every loyal 1 San Franciscan had a • proprietary * intoreat. They brought back every thrill of that memorable night, save perhaps' that of discovery, but in ita stead came that intimate, tangible re&liitation of the singer gloriously vindicated and a critic more than Justified, It was^as fitting as it was gra cious of Mme. Tetrazzini to open her program with this aria. I \Ta,a par ticularly grateful for this bit of sen timent on her part, Rnd* I'm sure that every one in the vast audience who heard Tetrazzini the first time she sang in San Francioco was equally so. It gave the right atmos phere for her "home coming." Sure ly this city welcomed her back as .Its very own and no one will grain say that Tetrazzini will not always say in her sweetest Italian and her very best English that this city is nothing short of "the dearest spot on earth" to her. Of one thing at least there is no doubt — no music loving San Franciscan will ever re linquish ownership in Tetrazzini. My share in." this .ownership is jealously cherished, for it came through considerable good natured and persistent contention. For. some time I stood alone among the. local critics in my joy. of discovery and I had to stand my aground against some of the men who came out of the cast. With: those at home the days of contest ended, but I never have, had the childish satisfaction of talking it out with a few of the .wise men of the east. "Tetrazzini will never get to New York," said Charles Henry :Metzler, representative of Conried, on the opening night of the Metropolitan season here in 1905. "Even if she did," he continued, "her voice would be lost in the Metropolitan opera house. She could not fill it." ~ Well, the world knows what hap pened in New York. What happened in San Francisco apropos of Tetraz zini's first appearance I have been asked to tell. It has seemed worth while in the light of what has fol lowed and because of the contro versy that crept into print as to who in San Francisco first said that Tetrazzini was all that the world has since credited her with being. My pleasant friend, Gertrude Ather ton, gave an inetrview in New. York in which she said that her brother in law, Ashton Stevens, was me dis coverer of Tetrazzini. She was mis taken, and her more than* talented brother in law was not at hand when she gave that interview, else he would have told her how it all occurred. Some weeks before the season when Tetrazzini made musical his tory, Manag-er Leahy of the Tivoli opera house made the usual advance notices of his annual Italian opera season. He sent special notices and protographs of Tetrazzini to the press, but they meant no more than the notices throughout the years that had preceded the long and in teresting procession of excellent singers that Manager Leahy had brought to this country. Unknown to this country, Tetrazzini's name was passed over with the rest. We knew that the season wolild be good; it always had been. , . ' * Busywith other things, no special preparation had been made^to fea ture this particular" opening night of the Tivoli season. As musical critic. I went to the Tivoli that even ing, as I had done other years, with no other feeling than I had had many times before when I was to hear new voices — that of wishing that I might find the exceptional one. That was the night my dream came true. Hearing xhany, many voices, acknowledged great ones and those seeking recognition, made this desire to discover one all for myself the dominant thought when I was busy with things musical. At the close of the first scene of "Rigoletto" there was the comfort able feeling that a good performance was under way, but at the beginning of the second scene, when Tetrazzini sang "O.Mio Padre," 5 ! sat upright and looked at my companion. \u25a0 I. had never heard five more perfectly placed, more charmful tones. Every New York November 2s, making the trip in 19 days. The cargo was taken from San Francisco on the Nebraskan and up the Atlantic coast' on. the'Cali fornia^ • 'The trip is the fastest on rec ord by sea from here to New York, ut is. regarded as "rail time." The new schedule of the Bates & Chesebrough line will average about equal with that of the American-Ha waiian. In addition, it will continue to quote the flat 40 cent rate. Among ymany of the shippers the belief, exists that the American-Ha waiian wiU endeavor by cutting rates to drive the new line from the seas, and then, following the tactics of the Pacific: Mail, raise its rates again. In substantiation of this opinion, it is argued that, while there may be no phrase added to my Joy \u25a0 and • excite ment, and by .the time "the curtain fell ; on : the . flrgt act " I knew that I had just heard' a God-griven voice- 1 -! knew that I had heard \u25a0 the • voice that I had : always hoped • to have the exquisite pleasure of finding. Coming:' back to ;a; a realization of the work I had in hand, I knew that I : must communicate with the office, for I yra.9 well awar,e that there was no preparation beflt.tlngr the occasion. , Rushing ~to the nearest available telephone, and J getting the editor, I exclaimed, joyously excited: "Tetrazzlni is the greatest sensa tion we have had in years. There i9 a picture of her ' in' the office. Please, get it out. , Believe me, she Is great." This and all else I had to say convinced the editor, .whose word is always final. The cut was rushed through the various pro cesses, and "was ready for. the" story which I was almost too excited to write. That night I was not in the prescribed judicial' state of mind. I was simply convinced that I had found a great voice.. My greatest wonder was that she had been un heralded. But I found that" back of It were jealousies in her' own coun try and that, she had been traveling and singing in the'far away places of earth. v. - .. ... It was a surprise to me later when I found that I was standing quite alone among the locaK critics in my estimate of the new colorature • singer.- ."Very, good," .they . said, "but there is no comparison between her and Sembrlch and Melba." And so the partisan, good natured con troversy commenced. Peter Rob ertson, with whom it had been my pleasure and profit to work for sev eral years, went to hear^etrazzinl, but could not get my point of view. His loyalty to the world's , idealized singers, from Adalina Patti down through the famous colorature ar tists, qualified the things he had to say of the newcomer. Ashton Ste vens held out for some time. Finally one evening he reached across the seat between his and mine and said: "I give in." Then he wrote his prettiest about her'and his prettiest was singularly interesting. One night.. after hearing one act of "Lucia" .by Terrazzlni, I hastened to the old Alhambra to hear Melba in concert. Her great. • beautiful crystal voice left me still true to Tetrazzini. Then came the Conried season right on the heels of Tetraz zini's first engagement a"t the Tivoll. Beloved Sembrich opened it in "Lu cia." Tetrazzini was in the audi ence. At .the close of the first, act ' I came down by appointment- into the foyer to meet Peter Robertson, with whom I was sharing the | responsi bilities of the evening. . At the foot of the stairsstood Mr. Meltzer, Ash ton Stevens, Peter Robertson' and others, alert and excited over the inevitable comparison. I was . ac costed with an air of pleasant de fiance. "And what have you to say now?" "Nothing, except my" heart is still true to Tetrazzini." There was some patronizing for my wrong headedness, my lack of discernment, all good natured, but positive. And -it was that night that Charles Henry Meltzer, he whose word was something of a law, made that prophecy that did not come .true. \ \u25a0' My appreciation for other Lucias was reverential. - They, too. had God given voices, but none of them, .'at least at that time in their ca reers, had the . charm of Tetraz zini's interpretation. Her voice and her ability to handle it placed her quite by herself. Last night I came under her spell as completely as I did when all the thrill of dis covery was mine. , But speaking of discovery! The . first and all the. credit really be longs to Manager William H. Leahy. He found -Tetrazzini in the City of Mexico, and without an un usual word of any kind presented her to San- Francisco. He knew what was. going *to happen.* His modesty about the prize he had se cured left^the way open for me and for every one else, for that matter, to have the- real joy of discovery, that unusual experience which is a delightful heritageifor all the years. open contract between the American- Hawaiian and the .transcontinental railroads, there is every evidence of a "gentlemen's agreement." COMMISSION GOVERNMENT ADOPTED BY MONTEREY Charter Includes Referendum and the' Recall MONTEREY, Dec. 12.— The commis sion form of government was adopted j by_ Monterey today.^wlth the majority vote for the new city charter, which 'contains this provision. - There ; were 406 votes, castv for the charter and 67 -against. The referendum and the re call are included. "i'-'j'i'i'?i^'.K- Buying Goes Twice As Far, During— In Our FUR DEPARTMENT Gross' Fur Department is really a com- plete fur store in itself. As great re- ductions are offered now in furs as in all other departments throughout this store. This, sale will appeal alike to those who intend buying furs for their own use, and those who want to make a really hand- some present. You can make a gift twice as good by this sale. rur Sets, Fur Coats ' Fur Trimmed Coats OF ALL DESCRIPTIONS • French Seal Coats The nearest thing to genuine sealskin, full length, lined throughout with old £ose satin; high storm or small collar; a magnificent .coat; it was a special value at $n?.50. Cross' Great December Sale t77 TA rnce .. - . *r * * \u2666 >^ yj • \u25a0 Russian Pony v Coats Full length, large braided buttons, fancy collar, bro- caded satin lining, an exceedingly striking model, originally sold at $9r.50. Gross' Great CZO Cf| December J*ale Price ; JOL* J\J Other greatly reduced Russian Pony Coats at $35, $4^.50, $66.50. Black Fox Sets Large rug muff and large collar, superb qualify, was $65. * Gross' Great December Sale t/sCHH Price »HJ*UU Baum Marten Sets Large rug muff and large collar with heads, an ex- cellent $22.50x value. Gross'. Great De- frf r AA cember J"ale Price Isabella Fox- /toles Selected grade, a genuine $25 grade. <T j O nr Gross' Great December /ale Price *P * 0 \u2666 / J : r^l White Hare Sets Lare rug muff with 2 large heads, also 2 large heads on scarf, making a very effective set, that was originally priced at $20. Gross' Great December Cf C AA Sale Price $ * 3*VU STOCKTON and OTARRELL STS., Near ORPHEUM \u25a0 - \u25a0' \u25a0 , " '-" "y^' ''-\u25a0•\u25a0-""\u25a0" Palace Ho t e I . Kntlrely rebnllt slnee the flr« on the orixinal Market St. site The Epitome of Hotel Excellence Under \u25a0 ' name old moaagemeat PALACE HOTEL COMPANY HOTEL ARGONAUT Society of California Ploneem' BnUdins Fourth Street Near Market California'* Mwt Popular Hotel 400 Booms. . • .. 200 Baths. European plan— sl.oo per day and up. Wnlat room seating. 500. Table d'Hote or * . la Cart* serrlce.rM desired. , SPECIAL ' LUWCHEON r EVERT DAT i from • lliSO a. as. to 2 ». m.— SO , cents EDWARD BOLKIN. GEO. A. DIXON*. y Manager. i- c And. Manager. HOTEL STANFORD Headquarters for former patrons of the liek Grand and Bass Hotels. -ISO rooms with bath.' Bates 91 day ap. 250 Ke*rny street between Sutter and Bush. PER YEAR ::-:: WEEKLY CALL^ $1 PEE YEAE :-: HOTEL COLONIAL Stockton Street, Above Sutter Saa Franciaeo American plan, $3.00 day European plan, 81.50 day A hotel with eTcrj modern eoaTealenee. CTery room conoeetlaz with bath. HOTEL TURPIN Newest and Most Pcjralar Commtrdml Bot*L : 17-10 ForreU Street at Market Six Btorlea of solid comfort; 10 first dan mat- ing houses wltbln one block. Bate* $1. iI.W to %i per da/. 225 rooms; not * dark room la tha bouse. 7. L. and A. VT. TV3J?TS, Props, aad Kin. Former owners Boyal and Hamilton HoteU. BELLEVUE HOTEL Geary and Taylor Streets European plan, from $3 a day; American plaa. from $4 * day. Every room with bath. Poelttaly fireproof. Family and tourist hotel. Half block from Columbia Theater. Well lighted Jimpla room for commercial trarelen. W. E. ZAyDER. Manager. ' NBYRON HOT SPRINOS - Beneficial baths. Charming renderrons of Cali- fornia's best people. Splendid auto roads to ta« springs from all directions. Garag*. Addrs— Manager Bjroa Hot Springs, any S. P. sgant «r Peck-Jndah Co.. Ban JTsaeiaco. Los * Trrnt— _ Portlasd or Seattle 3