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SKETCHES OF- Artistic Homes of San Francisco by leonore kothe will appear in color in The Sunday Call VOLUME CIX:— NO. 29. GHOSTS FLIT IN BURKE TRIAL Two More Family Skeletons Step Forth and Join in Mad Revel DILLARD'S EVIDENCE IS DAMAGING FOR DOCTOR Former Clerk Says He Saw Ac cused Lurking Near Lv Etta Smith's Tent AFRAID TO GO TO THE SCENE OF THE EXPLOSION By HARRY DAVIDS [Specicl Dispatch to The Call] SANTA ROSA. Dec. 2S. — Two more fa mil j- skeletons popped out from their cupboards today and joined in the mad revel of the dance of private skeletons which is accompany "ing the hearing of the trial of TVlllard P. Burke. They danced long enough to give the crowded courtroom a sMmpse of their peculiar characteris tics, and to make extremely uncom fortable D. W. Dillard. former clerk at the sanatorium, a witness through whose medium they were conjured up from closed gTaves. They dealt with Ihe legitimacy of Earl Edmunds, his nephew, and one of the probable wlt- J nesses for the state, and also with Dillard's relations with certain un named women, relations which the de fense holds led to his resignation from Doctor Burkes employ. -\-. No sooner did the skeletons escape tthan there followed a stern chase on the part of District Attorney Lea to recapture them and shove them back Into their dnsty resting places. In the scramble respective lawyers paid each other compliments emphatically not respecta-ble. The court rapped for order. The auditors waited and \u25a0watched with their excitement at fever pitch. And when the storm was over the skeletons had been laid down and Bumraarily kicked back to oblivion. Saw Burke Near Tent Dillard gave the most damaging tes timony the prosecution has Introduced against Burke. He said he saw Burke lurking near the tent of Lv Etta Smith on the night of the explosion, and proved himself to be the last and strongest link connecting the aged doctor with the crime. At the conclu sion of his testimony the state had shown that Dr. Burke obtained the dynamite from his mine at Oroville, took It down to Fulton, carried it to his resort, and, a short time before the explosion, was near the scene of the alleged crime. Apart from this there has been evidence to show that he mentioned repeatedly his fear of Lv Etta Smith blowing herself up . with dynamite and also that because of his § alleged paternity of her child, he had a motive m trying to rid himself of her end the babe. Dillard testified that he was super vising manager of the resort, and spoke of conversations with Burke in which the latter had expressed his f*»-ars of Lv Etta Smith committing suicide. "On the night of the explosion," he said. "I left the office at the sanatorium about 7:45 o'clock, and started to go to my cottage. On my way I stopped near another cottage for a short time, and heard some one approaching from the sanatorium. At first I thought it \u25a0was Earl Edmunds, my nephew, going on duty and I waited, but later as the figure passed a patch of light I recog nized Doctor Burke. He passed me and went in the direction of the tent of Lv Etta Smith. He walked rapidly and I lost sight of him, but I believe that later on he retraced his steps and came walking. back.** "Pettifogging, Sir" On cross examination he was taken to task immediately on his family af "You referred to Earl Edmunds as your nephew. Is he. not the'illegiti mate child of your wife's sister?" Dillard's eyes nearly popped out of hla head. Lea was on his feet In an instant "That is mere pettifogging, sir," he Miid warmly, "nothing 'but . pettifog ging." "What do you mean ' by that, sir?" said Attorney Leppo for the defense, and he thereupon proceeded to say things for five minutes. Judge 'Se'awell "calmed the attorneys, but aided the district attorney in ap prehending the escaped skeleton. Bones Again Rattle A moment later the second .skeleton escaped. Dillard had testified about his services with Doctor Burke, and on this the defense based its attack. "Is it not true that while you were . engaged in Doctor Burkes employ that N^'iu were forced to resign because of gross Immoralities there?'* * } Again started the chase for the skel- C«AtUiued on Pnce 2, Column 6 The San Francisco Call. REAL ESTATE TITLES NEED OF PROTECTION In view of tbc fnet" that the period under TvhJch title* to real ****te In San Kranclneo may be registered under the proi-tNlons of the McEarmpy act expire* at midnight . December 31, nnd nm ninny propfrty ownfrx have not retftatered their lioiaiuci* under the term* of that act pending: the- drvMan of the United State* i»npreine court, Home penoiu have propo«ed to.brta&bcfore the leKl"lnture the queft~ tlon of re-enactlncr the McESnemer. law. It hnw also bna MUKKeMed that the nintr mlsrht enact . leglnlatlon along the lines of tjie Torrenn land act to protect title*. 3>lany" lawyer* advocale n re-enactment of the 3lcEnerney act *o that properly oWneV* may avail themselres of It* proviatoua. • In connlderatlon of the' point* at l«*iie. Garret "W. McEnern'ey, author of the act known hy hi* name, ha* ivrltten hi* views* on <be question for The Call. They followt , By GARRET W. McENERNEY Personally I should be pleased to sec the operation of- the socalled McEnerney act continued for another limited period. Very many people have failed to have the titles to their 'property, estab lished under this act for various" causes, thechief- one being that the view was held by a number of "persons that theact would-be declared invalid by the United States supreme court. ' " M "•.,..- A test case inyoiving the validity of the' act was argued and submitted for* decision in the United States supreme : court in October last/and it is reasonable to expect that a decision in-; that case will- come down before the close of tho next session of the legislature. , If the. act is. 1 declared valid by the United ,x, x States supreme court the reason by w*hich many people were actuated. in" avoiding the expense. and trouble of establishing their titles under the act will be gone. : lam informed that a very large number of parcels of; the real property in San Francisco have not been subjected^ to proceedings under the act and there will be no record. title to -these * properties which : can be chained down . by public record. It isyfof \u25a0 course, > to the interest of the/people of the state and to the people of the "city, and county of San Francisco,, that the. records should show the owner of every piece of property in the state or city and county as the case may be. There are many,, public duties _ cast upon owners of real property and the public authorities should -be? able to very quickly know all persons who owe these duties. There-, fore, independent of the importance to the property owner;him self that his title should be deducible of record, it is important to the public authorities that they should be able to deduce his title of record. I am not in favor of making this* act permanent. It wa§ passed to meet a particular condition and was made as simple and drastic as the circumstances of the case and the condition of the people required. We have upon the statutes of this -state: what is known as? the Torrens land law. This provides-a cumbersome and expen sive proceeding to register titles. The socalled McEnerney act; is a mere adaptation of the Torrens land system, and if that system is to have practical vogue in this state and is 1 to be resorted to gen erally.by our people, legislation of a permanent nature should be adopted with provisions which, might be said to be a 'happy medium between the Torrens system and the socalled McEnerney act. In this way we would avoid at once what might be said to be the advanced radicalism of the one and the ultra conservatism, of the other. These are my views about the matter generally, and. l hope that the legislature and the governor will believe it to be to the public interest to re-enact the measure, but for a limited period only. December 28, 1910. NO WONDER STANFORD IS SICK! POISON SQUAD PARTIES ARE ALL THE RAGE [Special Dispatch to The Call] . STANFORD UNIVERSITY, Dec. 28.— If Doctor Wiley is right in his theories on the injurious effects of . sulphured fruits, Stanford will soon be a much sicker university, for Prof. R. E. Swain's "poison squad" has become a social factor on the campus and Is sharing its "poison" -with specially in vited dinner guests. A number of young w6"men students, Including the daughter of Prof. C. D. Marx of Stan ford university, were guests last even ing a dinner given by the "doomed dieters." Professor Swain of Stanford univer sity has been conducting experiments to determine whether dried sulphured ONTARIO MAN IS MARBLE, BUT HE WILL HAVE TO LOOK UP TO HIS WIFE [Special Dispatch to The Call] LOS ANGELES, Dec. 28. — Lewis A. Marble of Ontario will have to look up to his wife in more than one sense of the word. Marble obtained a license to marry today and his bride elect accompanied him to the county clerk's office. Marble Is, Just five feet tall and his wife confesses to six feet four inches. Delilah Norman is the name MASONS REGISTER VOW AT MIDNIGHT NEVER TO U SE PROFANE LANGUAGE [Special Dispatch to The Call] CEDAR RAPIDS, la.; Dec. 28.— Three hundred Masons, as the clock struck the midnight hour last night, -registered a vow In honor of St." John's day . never again .to use ; profane \u25a0 language. The vow -was taken at the banquet table in the new consistory temple "in MRS. JULIA WARD HOWE'S PORTRAIT DENIED A PLAGE IN FANEUIL HALL BOSTON. Dec. 28.— The municipal arts commission has refused to-per mit a portrait of/ the late Mrs. Julia Ward Howe to be placed' in Faneuil r hall. Shortly after the death of the author of "The Battle Hymn of the Re public" a memorial committee made • propositions to have ' a' portrait of her- : painted and placed In Faneuil halL PROFESSOR BOLTON WILL TRAVEL IN THE "FOOTSTEPS OF THE PADRES" [Special Dispatch to The Call] STANFORD UNIVERSITY,. Dec. 28.— ; Prof. Henry E. Bolton of the history i department of Stanford university Twill • travel in the "footsteps of thepadres." ' Professor Boltpn will spend his Christ- J mas vacation in following through 'Ari- zona. Lower California" and Mexico;.the j route of Father Eustro Francisco Kino, San prancibco; ripy^i^ fruits are injurious as a diet, and he has assembled a number of students who practically; live on fruits treated by the sulphur process. : Last evening these young students, who are known as the "poison squad," entertained at a dinner in which their special articles of diet figured fre quently on the bill of fare, the-follow young women students of the univer sity, under the chaperonage of Prof, and Mrs, R. E. Swain and Mr. and Mrs. Stewart of Palo Alto: Mi«t Dorothy Marx Miss Elizabeth McKeo MU» E. Will ' Miss Childs Miss Barbara Stevens Miss Steel Miss Florence Ober Miss Mills Miss Lenora Lee Miss Keller Miss Mabel Grove of the bride, and neither she nor her intended husband could understand why they were stared ;at by all the clerks In -the courthouse. After ob taining the address of a minister the couple, left the county clerk'B office, walking side by side. Marble's , head barely being on a level with his wife's shoulder. . n this, city at the suggestion of Grand Master Frederick Craig of Dcs Moines. who was the guest of honor and prin cipal speaker of the evening. The banquet last night - was the first meeting, held by •members of the order in the new consistory temple, just com pleted at a cost of-$50,000: .-. \u25a0 - \u25a0 \u25a0 . r - . - ,--\u25a0- - - ... Secretary . J. Templeton -,Colidge Jr.>of the .municipal arts 'committee said that the - committee had decided \u25a0to^ref%je" to ; sanction; this- and .that; a, more vap^ propriate memorial to Mrs. Howe would be a bust in \ the ' BostonVpublic' library: Portraits of : Washington, \ Lincoln": and other, famous -Americans -\u25a0 hang ,in Faneuif hall, the \u25a0cradle of liberty;- - one of the' pioneer missionary ..vpriests* who ;\u25a0; \u25a0' labored V : ln California: In : 'the eighteenth -century.' : Professor tßolton will travel over i^the .route ; on horseback.-; He; Is, preparing a^history* of yearly."Califor nia, .-'life and--has taken this i means' of familiarizing. > himself wi til the.back ground of thejearly history, oX the state?! BANDITS BIND BUTLER AND ROB SOCIETY WOMAN Two Desperadoes \u25a0; Threaten to Shooi Mrs; Seorgej Qale, but : * Are- FrigritejiedjA:way r i Fashionable : District Is Terror» ized by thieves, Who Run \u25a0 ~ Gauntlet ;of,;Detectives .\u25a0;. One of the boldest^daylightVrobber les'.'of ; the* : \ year^. topic '\:. place .at 1-1:20 o'clock ;; * yes terdayJlaf tm-nobn^wh'en two armed desl>eradoes|entVred(the' home of j Mrs. l^ehry < LV;Dodge'£atj Jackson and Franklin streets.;.! .The{ bandits, after binding; "and- robbing c'the \u25a0held tip; Mrs; George r Gale>v.who: makes r her home with .Mrs. ; Dodge, -but* the -wom an's screams ; frlgh^ned^tne'Uhugr's\ ; and' they ; fled \u25a0."through ;the \- front ':. door. ['' . Mrs.\Dodge and' her. -sister^Mrs.^ Gale, were a trl iincheon /inJth c ; nearby : break fast ( room and JohniHang," the Chinese butler who i has been Iwith the • family for 20 . years,) Annie s Carroll, the s cook ; Continued on'Pap:e 2, Column 2 "KINGS' CHILDREN" SUCCEED TO STAGE German Composer's New Opera Gives i Promise of Long American Reigri NEW YORK,' iDec N 2 no thereof the world's ' greatest \u25a0 opera ; composers — this time a German, Professor*Hum' perdinck-^-follbwing . -the westward trail of the • Italian composer.^Giacomo Puccini,, has come with ;. his :>\u25a0. latest creation in operatic art, ; "Koenigs Kinder," or the "Children -of Kings," seeking American approval.. » Humperdinck's three act opera, taken from a German folk tale, was given its premier performance - at : the Metro politan opera • House, and a large ; au dience applauded composer , and artists.- Emperor William wanted '"Koenigs Kinder" -for Berlin, but New; York had spoked first, and as; Humperdinck" to night remarked, s"yous "you were the first to aßk for the ' 'Children of ' Kings' and that is all there:; is 'to it." The tender story; of the' "Koenigs Kinder," with its shades ; of * happiness and pathos, , found. a' strong, response in the musical ? creatlveness of ' Humper dinck, who,- throughout the opera, 1 has laid ; aYa V strong i ground : work '\u25a0'-\u25a0 of con vincing harmonies that follow in their pulsations : every sentiment of the story.'. ' . : '':\u25a0/.\u25a0\u25a0 \_ -"\u25a0 . .;\u25a0 ; ; The American singers. . Miss ' Ger aldlne:' Farrar, - soprano, : and . • Mme. Louise Homer. ; contralto, fshared ; the honors Iwlth* Herman Jadlowker, the Russian" tenor, ,and Otto; Geritz, 1 bary tone. In the'.fqur leading; roles ?of jthe opera, - which* was ; conducted \by ?Alf red Hertz.'; ;-\u25a0 ;'. :'-'\u25a0 ,-; .; : - :'\u25a0:\u25a0•\u25a0\u25a0-:\u25a0\u25a0\u25a0\u25a0 \u0084-\u25a0 - .- - TWO. KILLED,^NUMBER r BURIED^BY' EXPLOSION Imprisoned Men Beg r ßescuers to ' Save -Them: * EL PASO,^ Dec. - 28.— Two \u25a0 men are known ltd ?,be ' daed.T four ' others are be- HevedtOj haye 1 perished,' at • least' 6o ' men ; womeniand^childrentwer^lnjured^aqd^a numberrof .'. small} houses-; were" wrecked \u25a0by,; ah; explosion; of J nearly? 4,000 'pounds of; powder^ lnla = huge* : Blag:pileV-at?,the El Paso plantMjfithelAmerican^smeltirig and"; refining;? company 'today.:. -.Three men 7 : are' stliriimprisohed. , ~ . \ ?r .'Threes tunnels rhad 'been bored ; in the slagrplleiby;the^El;Paso and: Southeas tern ; railroad. .^Aypremature \u25a0 explosion of powder inf ; one -of v the* tunnels- burled four \u25a0> men. \u25a0;", . , ', ',- \u25a0;..\u25a0.> : : :: -,' y^-^'^"/ : : r--:- The shock of ! the* explosion' caused the slag to slipAlblocking the Z entrance" to the 7other^tw-pj tunnels. ;:' Just ? ho w [many men"; were iworking:? in ; these ItunneUMs noKknqwn,%b'utlijx\were_YreßCUßdtaJive and Stwq'i (lead t bqdies\were"( r recovered;' Three§meri| are| Imprisoned, I butV- alive} and are jpleadlng.wlth rescuers to' save them.; . ; ' '. ;: '-;:'\u25a0\u25a0: ~.r : - \u25a0\u25a0- INTERNATIONAL; RAILWAY COMMISSION ( PLANNED '\u25a0M WASHINGTON,^ Dec,^ 28^AiB^resuit of '; conferences iibetweeh;"' Judged Martin A. Knapp, v chfelrmanVof/thertlriterstate commerce s commisslbn,sandvj,Hp;tMable chief ' : of t* t tie!; rai 1 way^f oomniissiolf ?J of Canada,v:::an;:.;agreement"Jghyß^been rea^hedito"jrecommehdfto|th"eTfespedtivß 'governTnentsTi the '\u25a0 cr^atioinof |an* i.nte"r national railroad >| commission^ which" ehall|have¥BijpeK-lsory*auth*oritir2fover rates ; between * the! two '% countries, Bold Daylight Holdup Armed Men Enter Home | ; Dodge\ home} and • sketch- showing $ hori : robbery? ' took * place. POLICEMEN'S MURDERERS PLOTTED KING' DEATH Documents Foundrinj-Bomt > Factory Prove That jßurglars , / Belong 1:o-Big^ai^.of>AharcKists^ v . ; T^"" 1^ Dispatch to The Call] \};l/)NpON,\Dec. 29 -(Thursday;' s &.\m\. Oneaoltthe theories thatTlstbeihg^ con sidered; by the police' regarding^ the dis coveryi<of a bomb -factory- inUhe^East • end^ on t Tuesday is .that 1 1 \u25a0is connected with -ajplot' intended ? to^ develop at ;fhe time^of|Kihg George's" coronation. . : - The, '.police' attach the -greatest im portance^ to', their . latest discoveries in 'connectlpn'-^with ;; the..'.. Houn*dsditch criine,*^iri'£w l iiich three ''policemen ;.were killedv by/|>urglars found > trying, rto breakii'nto^afjewelry store. .'ln^ addition to^ arfuliy |equipped -bomb factory*' and all •> the ' ;:'. hi* expert cracksm : en,t<th'eyv' also claim' *to "have founds documents; proving.~that the* as NAT GOODWIN'S MOTHER DENIOES SON'S WIFE IS SUING FOR DIVORCE : J.i;-VJ .i;-V L , [Special* Dispatch to The Call] BOSTON,-* bec.]V2Bi— Mrs. Nathaniel • B. Goodwin,^ mother *bf > Nat*. Goodwin, : the' actor, itoday-' that: her; son* was being' suediby jhis^wife; Edna- Goodrich, for, divorce. - t She "showed- a -telegram from himfwhiclu'read: \ \u25a0 ;.,." "Do -not 'reports .of divorce' from Edna, J- Absolutely false." .She also showed > 'a -telegram from EdnaGoo'dfich-which'reads:- '. >'!We have-no, intention of -separating. : Reports of; divorce untrue.". "Both Nat and myself received a'let-' ter{ from "his wife Monday,"- said Mrs. Goodwin.- .''That ; surely does, not . indi cate, that, they/are not., perfectly hap"pyJ together.; C Edna never a meal for my son .'or; ; any ; other man. The' Toronto story, of her, surprising him with- a Thanksgiving/dinner Aobked by herself is untrue. - She can not cook, . I JEFFERSON DAVIS' GRANDSON TAKES BRIDE AND STARTS FOR CALIFORNIA [Special 'Dispatch { to i The Call] !:\u25a0 COLbRADO^S^RIXGS,^pec., r- 2sU Miss .Doree j bewi tt,., daughter;Vof Col.. and"Mrs) Theodore^pewltt^latVbfiNe^ , <*ix,'V - " \u25a0-..- :..\u25a0.-'.' . ; son'Hayes^Davis^a-sonlof* President | J«sl>; A"ddiso^:M??'> S ; of - the T*^ 4-V"^ tional bank.; y Davis',.mother -was the ; late"'Margaret Howelh Jeffefson; t Davis:f Hayes;tdaushter,Tofrthe"iatesJeffers6n-' sassins belong to r a desperate, highly organized • gang^of ' ramifica tions. - Among; those 'documents are said to be^letters revealing; a senationai plot and ' containing • a ; great : mass \ of other information" concerning the plas of the anarchists in^London~ and; in the conti n^n ta.l capitals, r -The gan gits lknbwn^ to have *\u25a0 had -. a meeting '• place \u25a0< ' in $ Paris) from ."which --.its "operations ,; probably were' directed. : ' ' \u25a0 ; \u25a0'. \ " -'- i'/i"-" •• • "Peter the Fainter," one of^the^crim inals, visited i"; New .YorJcr some ago. " It";isVbelieyed : thaVi he\i b'fo'ught from .New -York; the/cfacksmeri;s' V lmptet ments • found in .the . raided 'house/ **> * ' - ''.\u25a0•' — - — ; — \u25a0 . _ -. • . .: \ . . \u25a0• \u25a0, f know,- because she .tried- it. once "and- her "was' hardly a hit." f Difficulties Settfed- '-J-\ - . ;"i',NE\vr YORkr^ Dec; :2S^Dijm<rultles;: 2S^Dijm<rultles; -between ;Xa^;C-\Go \u25a0 ; wjio \' } was ' Miss VEdnaXGooVlric'V,* ; are '"un-"| \ derstood to .haye \-. been" settled v today, i : Goodwin called at Jthe office 'of 'his ; lawyer, "who 'also' acts" for; Mrs. i Good- i " win; and entered- into a agreement". re ;gafding. the disposition of property;: •said; to: be - valued" at $15,000.» VV i The lawyer. : denied »that ; *-the . agree- { \u25a0."'merit -had any thins-. to, do with .divorce j proceedings' or that' a .legal'separatibn .is' pending. ' .-' ;," "So^far as ' I know,", he said, "today's . agreement 'everything -between them. I would know if ,*there was anv \thJng7 elsei ;as ' ! .am; attorney, for . both. * Xo. papers' have. 1 been served on Mr. ' Goodwin and . no .'action has been filed." " ', •" . \u25a0- ' ; N >. Good win 'has I signed a 1a 1 contract for 10 ; weeks: of vaudeville In the' middle" west. |Dayi^^the l^k'roonVs "name; having been j9l!anß?d J b_y .an' act? of theViegislature. A! r?- Lucy-Hayes: Youn«r." slster^of ith'e Davis>Hayes^the: 'gfbbnVsvbfother best Trlmble'of Chicago w'a* an usher. \u25a0 Mr. ,and "Mrs. \u0084DavlsVl.eft • for 9aiif9rnia\;VonigVt.--";CTney Vwiil''-'"fesid« at'Gajheld 'Utah. ' V - - rtESTEfUti^mghest^ 56; .; lowest Monday nighC 44. FOR -TODAY— Fair; light' -;f.| jrosVin mornint i;-. light, cast civind. ,< PRICE yFIVE CENTS. PROTECTION OF STATE'S WATER POWER SOUGHT Reversion of Sacramento Valley Sites Is Proposed by Legislation Special Conservation Committee Would Prevent Monopoly by Syndicates , Reversion to the state of Sacramento valley^ water power sites with a poten tial development of upward of 2,000*000 horsepower, filed on by the Martin-Da, Sabla syndicate, would be one of th©-< Immediate results of the enactment ot' the measure to be proposed by th«l special fcommittee on conservation ap^ pointed by the republican state centrat} committee. • ; The commit t \u2666 which Is headed by% former. Governor George C. Pardee^' will return a "partial report to the leg islative conference today. If it do?» ' not take the form of the submission of a completed bill or bills" the report will be an outline of the general provisions of the legislation to" be requested and recommended by the^special committees WOULD RESTORE SITES * Chester " H. Kbwell. a member of th© committee and president of the Lin coln-Roosevelt 'league, said 1 yesterday that the. adoption of the. recommenda-^ tions made by the committee would re» suit in returning to' the state -water power sites representing: millions of horsepower held in the name of a sin gle syndicate, the Martln-De Sabla con-j cern. The bill or bills to be recommended^ by "the special committee will provide • that no' water filed' upon for power purpoaes,shail be granted for a period of more rthan- 25- years. Another awk ward feature will be the provision that no water filed upon for purposes other than power shall.be utilized for power except by special and additional grant." ... The bright particular feature of the legislation Uo be • proposed by the spe xlalj committee,; and; wHich is expected to -result in. great' reversions to the state j(i» that covering- development of sites already, appropriat»d. In • sub- ' stance -tboaei ; provisions will -be that all. water. heretofore- appropriated un der; existing laws and not already- put - to- beneficial use. or fn process of de velopnient* in 'proportion to the magni tude" of the enterprise for which it was . appropriated, shall be deemed unap propriated. That is to say, if a com pany files on sites capable of develop ing 500.000 horsepower, its develop ment of 100,000 horsepower, the em ployment of a half dozen men and-as many wheel barrows on the remainder of the sites will not suffice as evidence of its Intention to put the remainder to immediate beneficial use. SHOULDN'T WITHHOLD POWER "The • Martin-dc Sabla syndicate," • said Rowel 1, "has filed on and is hold ing sites representing several millions of horsepower. It has developed some thing, like 200,000 horsepower and Is developing • another 200.000. Beyond that it Is not prepared to use the sites it has filed on and it should not be per mitted towlthhold from the public and from beneflclaj use power that it can not employ." Under the laws to be proposed by the special committee "all rights acquired will be subject to the state's right to fix and regulate rates and to change the charges to the public from time to time. Renewal of rights for periods not to exceed 25 years are to be subject * to the consent of a special commission charged with the control of the whole question of water grants. That com—"' mission i sto include the governor, state engineer and three commissioners to be appointed by, the governor and to serve \without compensation. railroad" legislation ':'; Legislative "affirmation of Uie railroad commission's right to initiate rates is \u25a0 the keynote of • the legislation " sought by. the special commission on ratlroad legislation, which includes the members elect of the railroad 'commission and the attorney general. . i >' /'The constitution gives the commis sion the right to initiate rates, 1 * .said *. .Commissioner elect John M. Eshelman .yesterday. "We jvant the legislature : to recognize that right and to get us \a.-way i . from .the * maximum rate pro visions of the law. enacted by the last legislature. The railroad commission iis going. to represent all the people for j. the next, four : years. \^ U : Attorney General U. S. Webb said last ; night ;that the' special committee. : was. working along the. lines followed i by the administration rate bill which ! was, defeated in the last legislature. ! The radical, difference between the ad ministration bill and the Wright bill. • which became law, was in the maxi- ._ mum and minimum rate provisions. The Wright law* provides 1 for the estab- ' lishment .of maximum rates above which the carriers may not charge, an^ leaves them free to cut those rates. AFTER STAFFORD'S JOB The smaii'armyof applicants for W. V. \u25a0 Stafford's berth; as ipresldent of the harbor commission hits received two no table recruits »ln' the persons of J. H. McCallum and George Renner. Ren tier has-been a"? prominent figure In the Draymen's association and was. one. .of the generals in Cthe opposition to the teamsters' union' • fn" , the memorable strike that- made itself .felt through out-the? United States.' < McCallum was chalrmari:of;the. convention held, by the municipal league Of independent re publican ;'cluj>a 'in IDOJ. v it Is^ under stood; that :he has the backing of the lumber intemats, with which he 1 is aa- Bqclated, i>and:prominent:LJncoln-Roose velt leaguers, headed by. Rolla V. Watt. MAJOR DU.VA LL GRANTED LEAVE OF ABSENCE Philippine, Commander .-Will Re ;.V tire January 13 * : Dec. 2*. — Upon his own -request. Major "William P. Duvall commanding 'the military forces in- the" Philippine islands, today was granted leave .of. absence -by.. Secretary of War Dickln'sdn.-: General Duvall ;,wlll retire from !'actlve; service ", January. 13, and his leave will , extend "until that time. Major General 'J.,F.?8e1l is on his way to the Philippines -to relieve him. *-\u25a0-\u25a0-'.-\u25a0