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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, December 13, 1910, Image 3

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\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
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
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"•
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
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
' \ 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
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.
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
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.
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».-
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
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£; -
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
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
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
"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."
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
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
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
\u25a0 - \u25a0' \u25a0 , " '-" "y^' ''-\u25a0•\u25a0-""\u25a0"
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
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. ,
from • lliSO a. as. to 2 ». m.— SO , cents
y Manager. i- c And. Manager.
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.
::-:: WEEKLY CALL^ $1 PEE YEAE :-:
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.
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
7. L. and A. VT. TV3J?TS, Props, aad Kin.
Former owners Boyal and Hamilton HoteU.
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. '
- 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

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