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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, December 29, 1910, Image 1

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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

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