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The San Francisco call. [volume] (San Francisco [Calif.]) 1895-1913, April 25, 1911, Image 1

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Federal Court Declares That the
Vast Grant Has Become
2,400,000 ACRES OF LAND
Railroad's Failure to Sell to
Bonafide Settlers Basis
of Decision
PORTLAND, April 24.— Federal
District Judge Charles E. Wol
- verton : today decided that the
Southern Pacific and the Oregon
and California railway companies must
forfeit to the United States government
about 2,400,000 acres of land, which is
valued at from $40,000,000 to $75,000,000.
Taking the plain words of. the act of
.congress granting the land for railway
construction aid. the court holds that
congress intended this land should be
sold to bona fide settlers in tracts not
greater than 160 acres to one individual
and at a price not exceeding $2.50 an
acre.. ' .'.,..'. ..'..:■',.
I. Si Wins Every Point
Judge Wolverton decided in favor of
the government in every contention
made cy it in its answer to the demur
rer of the railroads! The effect of this de
cision will be that, if it is sustained by
the supreme court of the United States,
land in-this state valued at from $40,
--000.000 to $75,000,000 will revert to the
erovernment and probably be opened to
settlers. - « , .
While deciding in favor of the fed
.eral government. Judge Wolverton de-
I eided against the" several thousands of
interveners In the case. He held that
they have acquired no right whatever
hy either settling on the land or ten
dering the maximum sum per claim 1
specified by law*." The effect; of* this j
'.portion of .the decision is that the i
grant land affected can not be se
cured by am individual urilll .the,presi
dent or congress again opens it to entry
or flu The 67 entrymen who had gone
upon.the land as. settlers before the
suits of ' the government were, com-'
*m<*?need also lose their claim and are I
held:, to have . gained . no advantage
whatever by their period of settlement.!
Fomethingmore than 5.-WO Interveners!
have filed applications to get a portion j
of the: land., but. their supposed rights j
are brushed aside. i
Question of Precedent
The present suit was instituted In
190S* by Attorney General Bonaparte,
following a memorial by the Oregon
legislature to the federal congress that
the _outhern "' Pacific company, suc
cessor to the Oregon and California
railway company, had forfeited its
rights to a grant of land in Oregon.
The company was said to have vio
lated the provisions of the grant by
refusing to sell the land as provided
in the grant. The case'dragged along
through the last, th** years," though
the demurrer which was today decided
was Hied shortly after the suit by the
government was instituted.
History of Case
In 1868 congress granted to the Ore
gon Central railway, company a tract
through the heart of Oregon, compris
ing what is now some of the richest
agricultural and most valuable timber
land in the state.
In IMS, however, the company ap
peared before congress petitioning for
an extension of time* in which to con
struct the road and also asking that
It be granted -some 20,000 additional
acres of land.
* Congress extended the time as peti
tioned and granted the additional land,
but, apparently realizing its omission
as to the manner of sale, it attempted
to embody as a part of the entire grant
the condition that the land be sold in
160 acre tracts to bona fide settlers at
a consideration not to exceed $2.50 per
■ '•■■... ' ' . '■ '
Another extension of time was grant
ed the road two years later under what
is known as the grant of 1870. - Time
only was the essence of the'lß7o act.
During the seventies the Oregon Cen
tral was succeeded by the Oregon and
California railroad company and the
road was built. Until late in the
eighties, or until the Southern Pacific
absorbed the Oregon and California, the
terms of the 18-- grant- were ad
hered to,. ;■".-*".
After that date, however, the South
ern Pacific appears to have elected to
abandon the additional rights secured
title. to the act of 18*»6 In conjunction
title to the.act of 1865 in conjunction
with the extension secured under the
act of 1870. In other words." it declined
to sell the' granted lands in tracts of
160 acres and at the rate "of |2.50 per
acre.* ;;■
The land* at present held byr ; the
••npany amounts to more than 2,000,
--00 i acres, and the value is estimated at
somewhere bat ween 150.000.000 and
•175.000,0/"* . . . .
THE San Francisco CALL
Steamer Asia is Sunk Off Chinese Coast
Passengers and Mail Saved by Wireless
Eastern Reorganizes of Local
Trust Company Announce
Completion of Plans
[Special Dispatch to The Call]
•NEW:YORK, April Positive an
nouncement was made today .by finan
ciers and" attorneys interested, in the
reorganization of the : California safe
deposit and trust company of San Fran
cisco that plans for reopening the Insti
tution had been completed." Statements
to this effect were authorized by mem
bers of the law -firm of Joline, Larkln &
Rathborneof 54 Wall street, who have
been acting for H. P. Wilson and others
interested in the reorganization.
Wilson, Who Is at the. head of the
syndicate .that < proposes J- to take ' over
the bank, confirmed .the .reports .of. the
success of the negotiations. He and his
attorneys have been In constant com
munication by telegraph with the San
Francisco parties to the transaction.
Walter J. Bartnett has been steadily
on the ground. "He has an office with
Wilson at 30 Broad street. *
May Reopen July 1
Intimations that the rflnancing of the
California safe deposit and trust com
pany. had: been practically accomplished
were conveyed to local interests yester
day from New York. * The depositors'
committee,: through J. W. Raphael, has
been " apprised of the favorable aspect
the negotiations have assumed.
* It is understood that it is the plan. if
the state banking department t inter
poses no objection, to reopen the bank
by July 1. The control, as projected, is
to be vested in local and., eastern cap
italists with the officials chosen; for the
most part. from San' Francisco. - * '■
The capital, as outlined "in the plan
of reorganization, Is to be $5,000,000, of
which $2,000,000 will be'paid-up. This
will be obtained ; from two - funds of
$1,000,000 each*, one raiser! by local
stockholders *- and - depositors, .... and the
other representing the investment of
the eastern interests.
Local Reorganizes
Among the local people who will par
ticipate in the reorganization are:
Richard M. Hotaling. B. 1 P. Oliver, Wil
liam C. Peyton,, James F. Barton. "Judah
Boas, J. S. Salee, le. F. Si^aroht,: and the
estate of David F. Walker. -* „ . ,
With the San Francisco contingent
will be associated Wilson and, it is
understood, the "New York banking
house of Hall garten "'and company of
" Nassau street. ; ;*
It was the original. Intention to pay
40 per cent of the*.depositors' claims in
cash, but the-receiver has already dis
tributed a 10 per cent."dividend. Under
the -plan of'organization as now pro
posed, an additional 30 per cent will be
paid* out in.cash in* installments. The
Industrial f enterprises in which the
bank'was. involved will then be placed
under*, a general holding- company arid
completely \ separated ; froth ; the bank.
Twenty-five per cent of the "depositors'
claims will be exchanged for 5 per cent
preferred stock In this holding com
pany. ,_, . ■".* .:. • : _. _
Through the complete* separation of
the bank from , the industrials,. it is
the belief of the promoters that a new
financial institution of strength may be
created. ,
PAL*, France, April ; Pierre Ve
drlne,* who left- Paris in his monoplane
Saturday, arrived here today, having
covered- the circuitous, course* of 500
miles in 6 hours and 55 minutes actual
flying time. *- He thus wins the prize of
14.000 offered by the Aero Club "of Beam
for the fastest flight between the two
cities. Vedrlne made several long stops
en route. Recently. Vedrlne flew from
Polters to . Lacy-les-MoullnVaux, a "dis
tance of 208 miles, in 182 minutes..
The wrecked steamer Asia and three of its officers.
Vessel .Is Complete Wreck, but
All on Board Are
TOKTO, April 24.—The Pacific Mail
steamship Asia, from Hongkong for San
Francisco, has sunk off Finger rock,
south China. The passengers are re
ported rescued and the mall saved. *
The Asia sailed from Hongkong Fri
day and was due.in .-'an. Francisco May
19. It operated regularly between these
ports and was commanded by .H.fGau
kroger. The vessel was built-jin* 1883
and registered a little less .than*, 5,000
tons gross. . -.--.-•.
' Finger rock is a remarkable: projec
tion from the Heau Chu islet,[the south
ernmost of the Taichau group, of: isl
ands, which lie about 200 miles south
of Shanghai, which was its regular port
of call. , „' ' ','""' '"■" ' ;
Struck in the Fog ♦. (A
The Asia .struck. Sunday, morning
while feeling its way cautiously through
a thick fog in the direction: of IShanghai.
• Its wireless signals of distress were
picked up by the steamer America Main
of the - Toyo Kisen Kaisha company,'
which -was en route from Shanghai for
Hongkong. = The latter vessel imme
diately replied: "i.-i^'i.
"We are . coming to your assistance."
No further message was received by
the America Maru. which ; pushed hard
in the direction of the Asia. The Amer
ica* Maru arrived: off Finger rock at 3
o'clock yesterday, but'©wing to the fog,
which continued heavy, .was' unable to
discover the whereabouts of the dis
tressed steamer.
Chinese Vessel First
The America Maru' laid»to until the
weather cleared, when it found that the
Chinese vessel Chang Sin of the Taku
steamship company had gone to the aid
of the Asia and rescued its passengers.
The * latest report received by the
agent of the Pacific Mail steamship
company "line at -Yokohama says that
the Asia -was * sunk,; but that * the pas
sengers, with the mails, were saved.
Vessel Total Wreck
SHANGHAI, April 24.—The American
gunboat Helena and another vessel left
here today to assist the Asia, wrecked
on a rock about 200 miles south of
Shanghai. The latest-report-said* no
Uvea were lost, but that the vessel la a
total wreck.
Asia Well Known Liner
The Asia was one of the best- known
liners on the Pacific and its commander,
Captain Harry Gaukroger^ an able and
well liked sailorman,* whose friends
here -are. taking comfort in the belief
that the Asia, at the time of the dis
aster, was' in charge of a pilot. :
The Asia, originally belonged to the
"White Star line of Liverpool. The
liner was built by Harland & Wolfe at
Belfast in-1883. and was at once char
tered by the.. Occidental and Oriental
steamship company*, for service -between
this* port and the coast of Asia. ! In
Continued oa Page 4,' Column 1
Captain and Lieutenants Disagree on Site for Armory
and There's Where the Rub Is
[Special Dhpaich lo The Call]
SAN" MATEO. April Mutiny has
broken out in Company 11, coast artil
lery corps, national guard, California,
and if Fieldon W. Waggoner and Norris
K. Davis stick by their threat the; San
Mateo company will soon be without
lieutenants. At 5 "'clock this afternoon
Waggoner, who has been first lieuten
ant, and Davis, lieutenant of the
company, presented their, ultimatum to
Captain Herbert N. Royden - that unless >
he resigned his * commands by. 9 o'clock
this evening the two -ieutenant*
resign from the company. At 9 o'clock
tonight r.i'>dcn met a committee -of
the company in his office in San Mateo
and.declared that he would not resign.
So Company Eleven Is in a fair way
to lose two lieutenants. Waggoner is
city engineer of Burllngame and Davis
is one of the town trustees of Hills
borough and a society leader.
The trouble originated over the loca
tion of quarters for the company.. The
command has been meeting in Masonic
hall,' but the two lieutenants and about
15 members of;the company wanted to:
move to Athletic hall. Captain Royden
did* not- want :to move. Lieutenant
Colonel ■H. G. Mathewson of the coast'
artillery corps came- to, San Mateo: to;
OAKLAND, April 24.His ardor not"
dampened by his 92 years, Rev. John
Thompson, pioneer 'clergyman,* and at
one time a director of the ' American -
Bible society, will take '• as' his bride '
Tuesday morning Miss,.Harriette •M.
Sherwood, who is 45.*": :,'-*.'■
The wedding will be solemnized at
the home of Miss Sherwood, 937 Adeline *
street, and will have only ..the neces
sary witnesses.. >'-'"_. .-.■' - »;■"'.'
"."_ The couple will spend a honeymoon*
of two months in. Los "Angeles.-." Upon .
their ; return they are to live at the ,
NEW TORE, April 24.— first
book ever • printed from movable type
tonight brougtU the. highest-price" ever
paid for any book. The prize was the
Guttenberg bible, the purchaser Henry
E..Huntington of Los Angeles and the
price $50,000. : . ; . * . __■
The purchase was made at the open
ing season at the sale of the library of
the ■ late Robert Hoe, the largest public
auction sale of books ever attempted.
Experts have - estimated the" collection
to be worth more than $1,000,000.
The highest price previously paid for
ELK -GARDEN,'■'. .V.'.Va.;***. April '24.—
Twenty-three miners are entombed in
Ott mine . No. .-. 2 ■of ;the Davis .- coal and
coke company here, the result of an ex
plosion early today. Little"; hope is en
tertained for the rescue of any.-: alive,
because tons of debris ..impede, the
progress of rescuers. "'
Rescue parties,had*. not advanced far
in ,the workings before they, discovered
it * would 5 take several "days 'to* dig
through the heaps of coal and v slate
loosened jby the explosion.;- tl then was.
decided to effect an entrance nearer the
probable point of the explosion by rut
ting through * the wall ;of >an adjoining
Struggle With Regulars Over
Committees Has Future
Rule or Ruin Policy Designed to
Show That G. O. P. Must
Name a Radical
[Special Dispatch to The Call] , , . . .
» WASHINGTON, April 24.—Back of
the fight -that has been going on be
tween the regular and Insurgent repub
licans of the senate over committee ap
pointments is a story of maneuvering
that is of nation wide Importance and
"may have a.* tremendous effect on the
future of the, United States.
. -It developed today that the battle of
the insurgents 'and* the regulars is not
merely for advantage *in i the -.senate,
but for advantage 'in' the republican
national -convention In""1912. The in
surgents ! want to control -. the commit-
Continued on •' Page ■% Co lam-a * 3
investigate and* he reported to Colonel
G. A. Schastey that either place was
suitable for the armory.
The mutineers were dissatisfied with
the diplomatic report of the lieutenant
colonel, and decided "to ; have the ques
tion out with.' Captain 'Royden. A meet
ing of Captain Royden; Lieutenants
Waggoner and Davis and representa
tives of 15 out. of the -SI .members-of
• the company was" held this afternoon at
•4 l o'clock* in : Hoyden's office. There** the
case was 'put up strong to Royden s to
have him permit a * removal of the
company quarters. p Royden, who is an
'old West Pointer and is now military
instructor of the = St., Matthew school,
refused to "he swayed by his subalterns'.
Then Lieutenant Davis, with military
ardor, declared: "Captain . Royden, .if
you do not resign I will." .*• - -
Waggoner Inserted- ditto; marks ' Into
the conversation. „_.,.
Royden was given until 9 o'clock to
consider the threat of his junior of
ficers. Waggoner came to San Fran
cisco to get in touch with the com
mander 'of the coast artillery militia,
and Norris stayed- on the .battlefield to
watch* for .the» bombardment of resig
• nations. Royden refused to' flre a vol
:■ ley. Now It Is up to the lieutenants.
home of the groom at 1350 Franklin
street, where his sister, who is 70. has
kept house for him up to the climax of
his midwinter romance. * **•<_.
'/Doctor Thompson has been a widower
for several years and is the grandfather
of W. T. Kellogg, manager of the Oak;
land gas appliance company. Ever
since the aged man has expressed his
preference for Miss Sherwood consid
erably pressure has been brought to
bear*.-" prevent) the" nuptials, but he
was adamant and would not give up his
plans.. , - *
the*; Guttenburg bible was $20,000, at
which 5 Bernard Quaritch purchased It
In England 14 years ago. At a private
sale he« disposed of It "..' shortly after
ward* to.Hoe at a profit of $2,500, and
it has .remained**" In the Hoe collection
ever since.* The copy was printed some
time between 1450 and 1455. „'
Next to the Guttenburg bible, the
book 'of* St.. Albans, compiled by Ju
liana Berners and'•; published .by •*,-ax
ton In 1486,? brought the,highest price
—$12,000. It also was bought by Hun
tington.. It is f .be" third book ever set
up in type by English printers.
In contrast to the usual mine explo
sions, the victims In this case, with one
exception, are Americans.
After : penetrating about a mile down
the L™.?-!.! entry, the rescuers 1 found. the
body of a,man, not yet .Identified.' It
had been crushed beneath a .fall of
slate as he .was... running , out - of ;(the
mine. The discovery?of his body :dis
heartened _ the * rescuers,;' who ,' are "posi
tive" that none jof the others. are'- alive.
Havoc wrought in ... the', mine . would
indicate* that the explosion was ter
rific. "■; For a square mile *or more the
slate and .coal was".*split,* and props
were splintered, letting f the L roof *fall
in large sections.
YESTERDAY—Highest temperature, 52;
' lowest Sunday night, 48. , .:
y I light showers; light (south .wind, changing to
f west. -. *';';. . }\'i y". ■".." I ' -.'-.*•*,■'
Lawyers Are Jailed
Kidnaping is Charged
Profile photograph of John J. Mc-
INDIANAPOLIS, April Walter Drew, counsel for the Erectors*.asso
ciation; SW. J. Ford, assistant district attorney, of Los Angeles, and Frank
'"Fox,"chauffeur, were arrested tonight;on affidavits charging them with
having kidnaped J. J. McXamara,' secretary-treasurer of the international
association of bridge and stuctural; iron workers.
They were arrested on warrants issued in the court of Justice of. the Peace
Manning after affidavits against them had been made by an attorney for Mc-
Xamara. Drew and r Ford were released under bond, of $5,000 each and Fox
under bond of "$3,000. ", ' .. , .'. .
All the bonds were givw by 'r William A. Ketcham, president, of an iron
foundry company and an officer of : the Indianapolis: employers' association.
.; l lt is charged that although'McXarnara was not turned oyer to a detective
sergeant from Los Angeles: until Governor Marshall had honored requisition
papers from the governor of. California, he had not been permitted to consult
with counsel or to make a plea of resistance of extradition before Police Judge
Collins, when-he was identified as the man named in the warrants for his
Fox drove the automobile in which McXamara was,taken to Chicago Sat
urday night to be -placed aboard a train for Los Angeles. •
It was said that warrants had also been issued. for the same charge against
William** J. Burns. It; was;expected that this warrant • would be served on
Burns' arrival herefrom Toledo late.tonight. " "
' By an order of Judge Joseph T. Markey of the Marion county criminal
court today, only the county prosecutor, members of the grand jury and
officials of the international association of bridge and structural iron workers
will be permitted to examine books and papers" taken from the offices of the
association..: ;■, •■■ - -* _-. '- • - :■. •- •"
, This action, taken on applications of the attorneys of the association and
with the approval of the county prosecutor,.bars private detectives and:unof
ficial investigators from inspecting the books, correspondence and.documents.
The material was locked up in the grand jury room and" will be submitted
to the grind jury tomorrow in the course of the investigation into the identity
of the. persons who deposited dynamite in the iron workers' association's stor
age compartment in the basement of -the building in which are" its offices.
A part; of the books and papers were!seized ' by the police Saturday in a
raid on the offices led by William J. Burns, a private detective in the employ
of "the National 4 erectors' association,* investigating dynamite explosions that
have damaged bridges and*buildings in course of construction in many.parts
of the country and destroyed the Los .Angeles Times building with greatlosi
of life. :•»' * ** '*" ' -";i%:.* ' * .-* - *"
The raid followed x the arrest of J. J. McNamara, secretary-treasurer; of
the i ron worker-,' ; indicted -in .Los Angeles - for alleged complicity in an explo
sion at the Llewellyn}iron", works. ._-."'-
Superintendent !ofPolice''Hyland_ was summoned before the grand jury
and afterward a"summons was;issued *.for Frank M. Ryan, president 'of the
iron workers'. association, ordering him to produce additional records. Ryan
was *to have "appeared. this "afternoon,' but he did not do. so : and .by; order of.
the grand jury deputy _sheriffs,. went to the office building, with a wagon,' piled*.,
the desired documents in it and took them" to the courthouse. It was said the
grand jury at this time did not care-to examine Ryan. •• - .:
_y The books'* and papers! demanded by the grand, jury were stacked about
the four packages of dynamite fuses; explosive caps and alarm clocks discov
er^edxby * the _ police in * Saturday night's * raid. The explosives * were removed
to a secret place by the authorities,and the other material was guarded by the
police .until it was. taken out. *; ' . _-' - -~.
• Attorneys - for ' the iron workers', association, ..who -. strongly protested *
against i, the removal of the records, frankly said, their 'purpose in -asking the >.
". court for the order granted ■ by Judge Markey was .'to-prevent examination of I
the books .by Detective • Burns and his assistants and by Walter 'Drew> chief'
counsel for the,-National. erectors' association. " .' * * ■ "
Drew said he waited with interest the return of Detective Burns from
Toledo, 0., where > dispatches had .related he obtained ' from the checkroom of '■ ■*.
the union station a suit case, which Burns said belonged either to J. W. Mc- *
Namara or* Ortie McManigal. and contained 'evidence' tending to' show com
plicity in dynamite explosions.** •"•' •
, Frank P. Baker, county prosecutor, announced that the grand jury inves
tigation will go into intimations that there was a conspiracy against the iron
workers' association and its officials resulting in the "planting" of the dynamite
to create evidence against them, in their offices. These allegations were con
tained in statements attributed to the union officials. „-'-'!..;.-'. ' _ .
Baker. also-said the .grand'jury would investigate the charges that, the ;
dynamite was collected here with the intention of using it to destroy buildings 1
I being erected by contractors employing nonunion iron workers. The depos-•
iting of the dynamite in the basement o( the office building was in itself, he ■
said, an offense against.- the* laws of Indiana. He declined to say what wit
: nesses will be called. Superintendent of ; Police Hyland spent (two", hours in i
j the grand -jury: room.*. - ' .*■■ ** * "; , • ■•
The ; trend of his testimony was.not discussed. '
i .; Contest over the possession of.'the, books of the iron workers' association i
'.. . . ' .' .'" ' " ' . . ' 1 ' .'" ■'.""•" : _ ---
-- , ■ . " :-. ;'■;..." :." . *.* "-■■.-' -.'■
Walter Drew and W. J. Ford,
Attorneys, and Chauffeur
Furnish Bonds *
Court * Issues Order Barring the
Sleuths From Searching
Prisoner's Books

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