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TAFT ASKED TO CANCEL CLAIMS OF CUNNINGHAM Gifford Pinchot and His Brother File Brief With President Against Rehearing Former Forester Declares That Guggenheim Syndicate Has Alaska Monopolized WASHINGTON. Jan. 1. — President Taft was appealed to today by former Forester Gifford Pinchot anil his brother, Amos Pinchot, to cancel im mediately, without further hearing, the fio called Cunningham Alaskan coal claims. In a voluminous brief filed with the president. In accordance with permis sion Riven in a letter written to them by Secretary Norton, November 9. Pinchot and his brother contend that the record in the case "abundantly proves that the claims are illegal and that from the beginning the claimants have conspired to defraud the govern ment." "The resort to a court for a rehear ing of the case is necessary to secure Justice and protect the people's prop erty.' snys the brief. "The case against 'aimants Is already conclusive. "We believe the duty of the executive In regard to the claims is obvious and Immediate. The claims should be can celed by the president forthwith." CASE NOT FILLY PRESENTED transfer of the Cunningham to a court for a decision upon the "present record would relieve the axecutlve department of responsibility for failure to have the case against the claimants fully presented by at torneys of experience and ability and for ofnittlng to produce all the evi dence of fraud available," declares the brief, after charging that "Ir spite of the clearness of the existing proof, we believe it to be our public duty to point out that the whole of th< against the claimants has not been presented. "The evidence in this case goes much farther than to establish the fraud of ■ Attempting by subterfuge .to acquire from the government more coal land than the law allows. It shows that from the beginning the claimants act ed with the definite and sustained in tention of defeating the primary pur-' pose and essential spirit of the law the spirit and purpose to prevent monopoly, and secure competitive de velopment of the nation's resources." EFFECT OF MONOPOLY Regarding: the effect of monopoly in Alaska, the brief says: "It .is evident that an enormous sav ing can be made to the people of Alaska, to the whole northwest and to the" United States navy if only these coal mines are opened, under condi tions-of competition." • The brief charges, that "the Indus tries, of* Alaska have been for years largely In the hands of a great and S oppressive monopoly, the Guggenheim • syndicate, which has kept out other capital, throttled competition and held Alaska at a standstill." '.' FIVK LINES OF EVIDENCE . -The-- brief recites that the case for tn? -government Is supported by five ' ° main lines of evidence, as follows: First—The history of the opera , tions -of the Cunningham entry . men in Alaska, as derived from their own records and statements, ° shows that from the beginning to tbe end. they were all members of , a single association engaged in ac • quiring a Joint property and that the claimants never owned these claims separately. Second —The book of accounts of the Cunningham group included in the reports made by its agents, are all evidently based -on the as , sumption that all the claims are one property, owned by one asso rlatlon. Third—From first to last, the subscribers took no Interest what ever in the situation or value of particular claims- entered in their respective names. "Fourth—Within the shortest practicable time after final certi ficates were issued, the Cunning- ■ ham associates took steps .to turn •over their claims to a corporation *' on a basis of equal shares. —More than half the claim ants have admitted in affidavits that they had always acted with a mutual understanding that they would combine their claims after the titles were secured and one so confessed at the hearings. '. SI'PFRESSION OP EVIDENCE Discussing the charge that impor tant evidence against the claimants was suppressed by land office agents, i .the brief says: "John W. Dudley, register. of the land office at Juneau, Alaska, one of these agents, went so far as to advise Cunningham specifically how one of the claimants, who had told the truth In his affidavit, should change his state ment so as to strike out evidence of fraud and avoid investigation 'which would at least Involve an Interminable delay." BU,I,IV(.RR SUGGESTS TRIAL Secretary of the Interior Balllnger has forwarded to the senate and house committees on public lands a draft of the proposed legislation transferring to the district of Columbia court of appeals the Cunningham coal cases. , Ballinger proposed that the court i should try the cases de novo; that Is to say it could disregard the case made by the general land office and take new evidence if it deemed such a 'course necessary. The attorney gen * eral Ib designated to represent the gov ernment at such rehearing. The Judgment of the court In the case would be final. KERN WILL SECURE SENATORIAL TOGA Indiana Legislature Will Cast Vote January 17 INDIANAPOLIS, Jan. L—lf the dem ocratic member! Of 'lie Indiana gen '•ral assembly carry out the wishes of the party expressed at the state con vention last spring, John Worth Kern ■ ■ clio Hen United States senator ■ legislature which meets here 1 lnirs(!MV. Kern received the indorsement of the democratic state convention over many aspirants, and In the campaign ■which followed the senatorship over shadowed all - other; issues. The vote for senator will likely he cast January IT. The democrats will hav«s a ma jority of 30 on joint ballot. MVPf .Kern was the leading- -candidate 5 be fore the legislature two years ago, but was defeated by Benjamin F. Shively by a few vot*s. > After the caucus In a public statement. Kern asserted 'that fight members of the legislature were bribed by the: brewery, combination' to vote against him. *Me has ; twice been the democratic: candidate*for governor nt th.c state and was; the running mate >♦■',illlam .1. Bryan, in 1908. ■l'hpr^ Is no present. opposition -to Kern's election,-and it is believed there I mill bcngat^gggm 1 Evidence Shows Intent To Defeat Law's Purpose \o transfer of the < nnninir hom on«« to a court for a dc clMlon upon the present . record would • relieve the executive de partment of reNrmnMbfllty tor failure to have the case siiriiln*! the clalmantn> fully preaented by iittorneys of experience and abil ity and for omitting to 'produce nil the evidence of fraud nviiil able. /.sgflßaE The evidence In thin came ko*«i much farther than to c«tnl>ll*li the fraud or attempting by »uh terfuKe to acquire from the kov ernment more coal land than the inw alionn. ' -It «how« that from the be- KliialnK the claimants acted frith the definite and mmtalnrd .Inten tion of defeating the primary purpose and eMHeiitial' spirit of the —the nplrlt and • purpiNie to prevent monopoly, and p»ccnr< competitive development of the natiou'M ; rrnourcea. — brief Of . Cifford Pinchot and his brother. ;s BATTLE AGAINST TRUSTS RENEWED Supreme Court to Decide Stand- ard Oil, Tobacco and Cor= poration Tax Cases WASHINGTON. .lan. 1-.—Prosecutions by the government designed to accom plish the dissolution of Standard oil and of the American tobacco organiza tions, embodying the greatest anti-trust fight of the generation, will be taken up for the second time by the supreme court at the beginning of its work, for the new year. Continuing its consid eration of affairs of government, the court will immediately afterward give Its attention to the constitutionality of the corporation tnx provisions of the Payne-Aldrich tariff act. All three cases attracted world wide I attention when first presented to the I court about a year ago. With the ob- ■ ject of procuring consideration by a full bench, they were set for reargu ment January 3. Intervening cases « I cause a delay for two days. The Standard oil and the tobacco I cases put the Sherman anti-trust law j to the most crucial test to which It has ! been subjected during the 20 years of : its existence. The corporation tax cases place on i trial the power of the federal govern ment over corporations. The conten tion has been made that if the Standard oil and the tobacco organizations are dissolved the government will be forced to license corporations in order to al low legitimate business to be carried on. The corporation tax decision may de fine the power of the federal govern ment over corporations, so as to guide this proposed subsequent legislation. Incidentally, about $115,000,000 annually In taxes depend upon the decision. The Standard oil suit was begun in 1906 in Missouri. The federal govern ment claimed that the Standard oil com pany of New Jersey, as a holding com pany, acquired since 1899 and held by direct stock ownership 65 companies. The tobacco case was Instituted in 1907 in New York. Allies In the-various branches of the tobacco business, with combined assets of more than $400,00n. --000, constituted the organization which the government sought to have the court dissolve. The Latest Shoe Fashions At Moderate Prices ■■- - ■ Getting the newest at Sommer . m m m & Kaufmann does not mean VT rfi\ j paying a big price. Every one ft R knows that our stores are the V i • 11 fashion centers in footwear, and I* \ every one should know, too, that i e9 ■ \ the price at which the latest t I \ models and creations are sold / _ JSk. ' here is no more than the price / **f mSk paid elsewhere for shoes of / *•/ JNm ':.'.-1 mediocre style and perhaps in- . / t/ ,afflffj ■ ferior quality. &'. Q&f : lfßs%M - Our unusual facilities in the B JaSzjmß eastern market enable us to # **&/amF^\ ■ learn far in advance of others t *%/A^ Vfß the newest fashion demands, and /^^^^af we are always anxious to put IJmSSfSBu this knowledge to use for our jJjSsSPzen^ customers. jSj &^ No store in "the United States wS^^ shows a more complete or S*^ varied display of ladies' foot wear at $3.50 and $4.00. The top Illustration Is a true atßttßfcani representation of a I,a«lle»* Patent K^^^lSSSB Colt Button Shoe, with dull kid lHsnM toil, very short vamp, high Cuban ifllE^illfi heels, slightly extended soles: a l^ft&jl i real swell and stylish shoo at a iMStJK -Sa small cost; all sizes and width" ißtil from AAA <C Ef\ HHI I*l We also quote this same ntyle fI»2HI H^ of a shoe with black velvet top«. ynPrfff^ otherwise made exactly <fc yf JEPP'f'EttSSffiaA like top Illustration... *P'^ ISJrI The second Illustration in a ifflHjjfcwHKSßKßy I.ndlra' Black or Brown Velvet ■ tmK^WM 9r Button Shoe, with short vamp. / I^RJmA Wg high heels and slightly extended IW&igff&Sffikvßa Kolcs. This shoe Is made of a llmLtJjjSw 11 fine grnde of silk velvet and Is imMfflSßu lEP a splendid <£ /■ B» "^^ fitter 9^* JM Full lines of Gun Metal Calf or jdßaßSMfifflEy Patent Leather Button Shoes,' jffiWHwimßP^ made on correct lasts and guar- wßSSlr^^^ flnteed to be best possible values. iWP : $3.50 upward. Ladies' Slippers ,"ifcw There has never been such V^>»BSffl^si^3 an elegant array of Slippers i/iwl shown in this city nor, as we fcoKTi^^Sf& *"'" Wrim believe, in any city, as we 'i^sristrtSJ' >'lla£ I have on display. We Imported —I——PHIIWJI" ■''fflf a number of headed patterns KSo^mP^QKTHSIBf from Paris and had them made {TSlSsMiri\Kffil Into Slippers by one of the flmBtSH Mr 1 ■ ;! foremost manufacturers in IS&K^FaSsB- ■ iHP • ■ the country. They are exclu- •' TTMCT "■■.M^F.*. -«lve designs such as only / JSwSS Paris ran produce and which ufwmSfWKn can not be had here at any JS&B. 1& cost. They come In all colors '/%BP*ssß^' of satin. We quote out of our regu- I^^^^ lar "Slipper stock: . ,Tv.:' A PATENT LEATHER STRAP SMITEn, with jet beading on strap and vamp, a splendid style, with HÄ» ~x en French heels .......',;'., ■'.;:.-.;'.,;..-,, ;... ;;*PO«SU . The same with 3 cross straps over' instep and no bead - Ing, patent leather bow and French as -> esrV heels ;■.".■ ...... .".-. «J)«3»OU Our Slippers range in price from $2 to $25 .,''; Mall ; Ordrra Carefully Filled Send Your .\ame for Cmtalos §omn2er&l£oufmaii!i 836 to 840 , t?~F> to 125 Market St i stores i Grant Aye. near Stockton .^Y*" 1 near Geary THE SAN FRANCISCO CALL, MONDAY, JAXUARY 2. 1911. NOTED NAVAL MAN CRITICALLY ILL Captain Alexander McCrackin Stricken With Nervous Breakdown Was Commended for Service on Scoutship During Spanish- American War Captain Alexander McCrackin, U. S. N. (retired), formerly commandant of Mare island and commander of the cruiser West Virginia of the Pacific fleet. Is critically ill at his home, 2203 Scott street. He Is suffering from nervous breakdown, accompanied by partial paralysis. His condition has been serious, but yesterday Improve ment was noted. Since he was 12 years of age Mc- Orackin has been connected with the T'nited States navy, a record which few service men may show. He retired from active service July 1 last, on ac count of disability resulting from ill health. captain McCrackin's most distin guished service was during the Span ish-American war. He was executive officer of the gunboat Marietta, which acted as the scoiushlp for the battle ship Oregon when it made Its famous run around the Horn to Join the At lantic fleet before Santiago. For his services on that cruise he was espe cially commended by Secretary of the Navy Long. McCrackin was captain commanding the West Virginia when the Atlantic fleet came to San Francisco. In 1895 he married Miss Pelle Pher son, a Baltimore girl, daughter of a prominent physician, who at that time was practicing in San Francisco. The couple have one child. Miss Isabelle McCrackin. McCrackin held the rank of captain when he retired, and was promoted to the rank of commodore. HIGHWAYMEN ROB A CHlNESE—Oakland. Jan. 1. —You:ijt Kin. a Chinese rook, employed at MM Madison street, was held up late last rrenlng in front of the bouse by the hlgh wnynif-n who took Kin's gold watch and |IS. fih**. lIITDTTV (FRENCH REPUBLIC PROPERTY^ *£* f^l ir^ » I J^| ™ Alkaline is if Water f? **■* I Ask your Physician HSS, * iar — 7t- « fpysj Not Genuine jjjj JRSJ without the word I/J MINERS INJURED BY PREMATURE EXPLOSION GLEXWOOD SPRINGS, Polo.. Jan. 1. Bert Ahrams and AVilllam Richards, =ROOS BROS.== i ■,^jjjp;:-. IN THE LADIES' AND MISSES' DEPARTMENTS yjM 'git Quan- Description of - Former Sale ! Quart- Description of Former Sale j /V^**^^! ' / A^Mi3l&lpi "'Jfl ■''^ Goods price price til}} Goods price price ffi^JJt^WSrtßmi //IHH'I 88 Man-Made Suitstos3o.oos 14.75 49 Girls* Reefer Coats $ 7.00$ 3.95 jj! HI g^j nIW ll ' 52 Man-Made Suits to 35.00 19.75 1 35 Girls' Reefer Coats 12.50 7.50 WiQt \\j| 142 Man-Made Suits to 40.00 24.75 45 Girls' Reefer Coats 18.00 7.50 Jj Ri\f VJPili ' 28 Man-Made Suits to 65.00 29-50 10 Girls' Reefer Coats 20.00 7.50 /IM ||6 ' IF Ft I 4 Fur-Lined Coats 65.00 30.00 3 Girls' Reefer Coats 35.00 7.50 ' flfk BM ILJLJ 2 Fur-Lined Coats 70.00 54.50 17 "Coronadc" Hats . 10.00 7.35 *■ ■ \ 111 I 8 Fur-Lined Coats 98.50 69.50 26 "Coronado" Hats . 5.00 3.95 ft ; IH I 5 Fur-Lined Coats 105,00 72.00 1 | 23 Tailored Hats.... to 20.00 1.95 ! . B\j s 111 13 Fur-Lined Coats 135.00 92.00 1 16 Fur-Trimm'dHoods to 7.00 3.50 H\\ 111 4 Fur-Lined Coats 190.00 130.00 1 11 Fur-Trimm'd Hoods to 9.00 4.50 I^W^ ill Hi I 1 Fur-Lined Coats 285.00 150.00! 5 Fur-Trimm'd Hoods| to 15.00 5.50 ' ?!f|i§fB -jl ij I 7 Ladies' Coats.. 25.00 15.00 ! j 7 Fur-Trimm'd Hoods to 20.00 8.50 NS|tl| ff|l|l 17 Ladies' Coats to 65.00 25.00 25 Odd Sailors., *... 7.50 65c[ IMF I ■ warn I ' —!— ... ;;j V^r / v All Sizes in Suits W^sk W% New and Fash- From Miss of 14 Bf^ C? Bi&'tPir^kQ ionable Goods. to Lady's Size M \ %J\J& JLJ f I/O • The Above Are 47* jlt £„ 4. r* l.* FINAL Prices. Market ana Stockton .■-■■ ■ --• ■ ■ ••■■ _ .' " '' ' ■■---■-, .- ■ - ji ROOS BROS. 11 j A MERCHANDISING FEAT I IN THE MEN'S FURNISHING DEPARTMENT I ONE THOUSAND DOZEN Earl * Wilson SHIRTS—not - old patterns-not \ ! old stock—not from an unknown factory—but NEW shirts to NEW patterns, spick-an'-span from the world-renowned <gtfjf factory. It was clever merchandising that secured this huge consignment of new shirts—merchandising in the interest of our customers, and the selling prices prove it. It was something more—it vy?s the fact I that Roos Bros, is the ONLY firm outside New York City that can give immediate I distribution through their men's furnishing department to such an enormous quantity I of high-grade shirts. SEIZE THE OPPORTUNITY— buy a year's supply—see what I you save, and the shirt comfort and shirt quality you secure in addition. sp'C'L n k GmJimWf sp*cl $i oe PRICE -* I -ID £ WJIi) I'IW PRICE 3>1.0J SP'C'L $1 1C I |fe\\f SP'C'L . ttitC PRICE ■■'V »:'JJ ■mU'^M-.ujl PRICE f«*QJ I ALL new goods—ALL new patterns —ALL styles, including plain, pleated, and soft double cuff—EXTRA salesmen—NO waiting j important S£nn* Ptrns mailorders This important shirt sale will be Jm^ty'%FQaP JEL^S • \fi&% will te lle(^ as received— give continued throughout this week. €HPr size -and pattern *■ desired—stripe, ; j But be on time—first come, first : _. . *_- r , .^ spot or self color; plain, pleated served and first choice. Market (MCI JtOCiCtOn or soft double cuff. . _S~- — — =~~=^== — = San Francisco ■ " L z^—.— ~ _^=^l SAVINGS Og BANK OF SAN FRANCISCO FORMERLY SAN FRANCISCO SAVINGS UNION (Located at California and Montgomery Streets) WITH WHICH WAS CONSOLIDATED THE SAVINGS AND LOAN SOCIETY (Located at Sutter and Montgomery Streets) HAS MOVED INTO ITS NEW BUILDING OX Market Street at Grant Aye. and O'Farrell St. and Savings Union Place prospectors, were seriously injured by ! a premature explosion of giant powder ■ at their claim in the Defiance minim? j fllstrict today. The claim is located 15 ! milf>a from Glenwo'od Spring*, and is i reached by an almost impassable trail. SOUTH DAKOTA HAS FIGHT OVER SPEAKER PIERRE. B. P.. Jan. I.—About half ' the legislative members of South Da 8 JHl^Acknowledged to be Years tliBL the BEST v I J-. 1 .. I Insist upon Ban mk f&£&£4jk* H Cedar Brook WaSß^^^k B*~"* joB •""*"I^V and you will get th« ' WJ rSCT K^ best whiskey in the B^, «■*• *&Z+2£3z2 Bottled in Bond "■" W.%H.,McBRAYER'S 117) Cedar Brook Distillery LA\VRB>CGBIRG, XV, V ' Everything Cornea" to Him \VhoU»e»M^LL Want Ad>- f<* X Everything Comes to Him Who Uses CALL Want Ad*———4 3 kota are on hand for th« opening of the assembly Tuesday. The chief fight in the house will come on th« selection of a speaker. C. J. Morris of Pionx Falls lpads in the race, with E. C. Issenhuth a close second.