The San Francisco call. [volume], May 26, 1911, Image 1

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VOLUME erx.-NO. 177.
POLICE BOARD SUSPENDS CHIEF SEYMOUR==COURT SAYS NO!
Reign of Diaz Is Ended and Rebels Achieve Ambition
RESIGNATION OF
PRESIDENT GIVEN
QUICK ACCEPTANCE
Iron Man Declares That He Does
Not Understand Enmity
Of Mexican People
DE LA BARRA PROVISIONAL
HEAD OF THE GOVERNMENT
Dominguez, Madero's Personal Representative,
Assumes Military Control of the
Capital and Urges Peace
MEXICO CITY. May 25.— President Porfirio Diaz is dead. Long live
Citizen Porfirio!
President Diaz, in a letter read by the president of the chamber
# J of deputies this afternoon, resigned the presidency of the republic
of Mexico, and at 4:54 o'clock the acceptance of the resignation by the
deputies was announced. •
Every one had expected an uproar and demonstration when 'the announce
ment should be made, but within the chamber the words announcing the
event were followed by silence. The deputies seemed awed by wiiat had
taken place. < • .
In the streets, however, black with people, every road leading to the. hall
being, blocked, news' that Diaz was at last.no more the president was the
signal*for wild shoutings and manifestations. ! : •
NO VIOLENCE IN CITY OF MEXICO
There was no violence or destruction of property.
On the motion to accept the president's resignation, 167 deputies' voted
aye. while two of them did not express themselves. They were Benito
Juarez, a descendant of President Juarez, and Concepcion del Valle. As their
names werr called other legislators arose and bowed their affirmation.
In similar fashion the resignation of Vice President Corral, now in |
France, was unanimously accepted, and similarly Francisco Leon de la t
Barra, late ambassador to Washington, was chosen provisional president,
The latter will take the oath of office at noon tomorrow in the yellow parlor
of the national palace. ■ / *
Of scarcely less interest in the popular mind was the practical assump
tion of military control of the federal district by Alfredo Robles Dominguez,
Madero's personal representative.
Personally Dominguez commands only a small body of local rebels, but
the federal"garrison is under orders to,make no move whatsoever without
securing his approval. Senor Domin-I* '• —-—' — I — -
guez stated he can bring 5,000 organ
ized rebel troops into the city within
three hours. Their baggage and
horses are aboard trains furnished by
the government at Cuernavaca, Pachu
ras and Tlanxpantala. He stated that
they will remain at their present sta
tions, unless they should be needed in
this city to control the situation.
Vice President Corral's letter of res
ignation follows:
Paris. May 4, IBM.
On- the two occasions that the national
contention* advanced m candidacy as tlc«
president of thf republic, to figure -In the
election* with General Diaz at president,
1 stated that I was prepared to occupy any
office in which compatriot* considered that
I could he of use, and that If the public
Tote conferred npon me a position so:far.
abni. my merits, then my Intention would
r* to wond in all respects General IHait'a j
policy. in order to co-operate with him, as -
far a* It lay In my power, toward Mi»
aggrandizement of the nation, which .had
rt/-vrloi>cd so notably. under his administra
tion.
Thone i* !io enneern themselves with pub
lic affairs and hare observed their prog
ress during the* U*t few years will he
able to say whether I hare" complied with
my intention. ■
For my part. I can nay that I have never
endeavored to bring about th« least obstacle,
either In the president* policy or hla man
ner of carrying it out eren at the cost '
of aacrlflcing my conTlctiona, both became
this waa the ha»ia -of my program and
because, thin corresponded to my poaltlon and
' my loyalty, as well aa that I did not seek '
»ny prestige In the office of Tice presi
dent, on useful In the Ualted States and
so discredited in Latin countries.
In the erents ' which hare 'shaken the
country during these , latter -month*, the
• president has: been brought to j consider j that
it la patriotic to resign from the high office
tint the almost unanimous Tote of Mexicans
had conferred upon him; In the last election,
and that it 1* advisable at the same time.,
In the Interests, of the 'country, that th
rice president do likewise, so that new me
and new energies should continue . forward-
Ing the prosperity of the nation,' and , fol
. lowing :my program of seconding General g
IMaz's policy,; I Join 'my , resignation, with,'
his and in, tht present \ note ' I retire from'
the office of Tien president of the republic, ■'
begging ! the chamber to accept the si me
at, the same time as that of the president..
. ■ I-beg of you, gentlemen, to. Inform your-
seires of the<abore,lwhich I submit wit
"the protests of my highest consideration. >■
'- Liberty and. constitution.
11AM0N CORRAL.
Paris. May 4, 1911.
Aspe's Speech Dramatic
The one dramatic speech of the daj
was made by Deputy Jose Aspe.
, In introducing the president's let
of resignation, Deputy Aape 'delivered
one of the most brilliant oratorical
efforts with which the chamber hat
ever rung. His ; voice was repeatedly
drowned by applause, and the flooi
fairly shook with the ,demonstration
which followed his peroration.' ■
"President ; Porfirio " Diaz Is ; dead
Long live Citizen Porfirio Diaz."
The speaker admitted ; ; that 'General
•■■l hi >mi i i ''"'.'
Ceßtlnurd on Page 5, t'oloma 1
THE San Francisco CALL
INDIANS ARE ON WARPATH;
COURIERS SEND OUT ALARM
Shoshones Heavily Armed and With Extra Horses Leave
Reservation to Avenge Death of Tribesmen
[Specai Dispctch to The Call]
RENO. New. May 25.—Fired with re
venge, a large band of Shoshone In
dian bucks, heavily armed and with an
extra supply of horses, has gone on the
warpath near Little Rock canyon, 150
miles from Reno, and word is mo
mentarily expected to reach her* that
they have taken their first toll in blood
for the cxterm'nation, last February,
of Red" Mike anrf his eight marauders
by the state police.
The mutilated bodies of four Reno
stockmen—Cambron, Erramouspe. Lax
ajrue and Indiano-Mogether with the
carcasses of their horses, were found
by a herder near Kelly's creek in Jan
uary. The state police took np the trail
and after a f>(H) mile Journey through
deep snow came upon the murderous
band. In the fight that followed eight
METEORS FRIGHTEN CITIZENS
AND CRASH INTO MOUNTAIN
[Special Dispatch to The Call]
DOYX.E, M*y 25.—Citiiens here were
routed from bed at midnight last night
and terrorised by a sizsllng noise, an
incandescent flare and thunderous
crash accompanying the passage of
five meteors westward, which struck
Tule mountain, 30 miles distant, with
terrific Impact.
The sound of the blow was heard
for miles, echoes reverberating five
CUTTER CREWS OF CRUISERS
MATCHED FOR 3 MILE RACE
[Special Dispatch to The Call]
SAN DIEGO, May IB.—About $20,000
has been wagered by the crews of the
California and the South Dakota on
the outcome of the cutter race be
tween teams from the two cruisers in
San Diego bay June 18. The race was
decided upon this morning when the
cutter crew of tho flagship California
•crossed the bow of the cutter from the
South Dakota, thereby formally chal
TWENTY PAGES— SAN FRANCISCO, FRIDAY, MAY 26, 1011.—PAGES 1 TO 10.
Social Phenomenon
Says Diaz in Note
Resigning Office
President Diaz's letter of resig
nation follows:
—The Mexican people, who
generously have covered me with
honors, who proclaimed me as ;
their leader during a war, who
patriotically assisted me In work
undertaken to develop industry'
and the commerce of the repub
lic, establish its credit, gain for
it the respect of the world and
obtain for. it an honorable posi
tion in the concert of nations;
" that same peopl#, sirs, have re
volted In armed military bands,
stating: that my presence in the
exercise of supreme executive
power is. the cause of this in
surrection, j
"I do not know of any fact im
mediately credited to me, that
could have caused this social
phenomenon; but, permitting,
though not admitting, that I- may
be unwittingly culpable, such a
possibility makes me -the* least
able to reason out and decide my
own culpability. Therefore, re-
I specting, as I have always re
spected, the will of the'people,;
and in accordance with article 82:
of the federal constitution, I
come before the supreme,, repre
sentatives of the nation in order "
" to resign, unreservedly, the office
of constitutional president of the
republic with which the national ,
vote honored me, which I do with
all the more reason since, in or
der to continue in office it would;
'be necessary to shed Mexican ■
blood, endangering the credit of ~
the country, dissipating its
wealth, exhausting its resources
and exposing its policy to Inter
national complication*. ■ •
.'* "I hope, gentlemen, that when
the passions, which are inherent
tc* «H ■ .revolution*,~hAV«*../ <j£tß*T'a"~.
calmed, a more conscientious arid
Just study will bring out in the
national mind a correct Judgment
which,", when 7 die. I may carry .
•engraved on- my soul as a Just
estimate of the life which I have
devoted and will devote to my
countrymen. With all respect.
' "PORFTRIO DIAZ."
Indians and one policeman were killed.
A young 1 squaw and two children were
captured and are now held in the In
dian school, Carson City.
The news of another uprising
against the stockmen in the northern
part of this (Washoe) county and on
the border of California was brought
to Reno this afternoon by ,T. Ci. Turner,
a mining man. The Indians went from
the Puck valley Indian reservation In
northern Elk county and couriers have
been sent out in all directions to warn
the white settlers and deputy con
stables of the incursion of the savages.
The Indians are camped in teepees in
Soldiers' meadows, near the scene of
the battle last February, and have
donned war paint »and begun war
dances.
minutes,- while the shock made the
ground tremble, as if from an earth
quake.
Residents of Loyal ton, miles away,
saw the flame and heard the noise, at
tributing them to fire.
The; first meteor looked the size of
a largehay barn and the others ap
peared as big as boxcars. They missed
the top of Fort Sage mountain by
about 300 yards.
lenging that crew to a contest. With
in half an hour thereafter the details
of the match had been arranged. The
race is to be over a three mile course.
It was stipulated that if the fleet were
ordered to move that the contest might
be held elsewhere. While the South
Dakota is looked upon as the cham
pion of the fleet,, the California crew
has defeated all opponentß this year.
TRADE TURMOIL
OVER OIL EDICT
DUE---HARLAN
Supreme Court Justice Predicts
i Business Confusion Through*
out the Country
His Oral Dissent From Col*
leagues' Verdict Only Frame*
work of Statement
He Declares Decree Is "Mis*
chievous" and Will Harm
Country in Various Ways
WASHINGTON. May 2".—Associate
Justice Harlan today filer! in the e,ii
preme court his formal dissenting
opinion in the Standard oil case. Not
satisfied -with his oral dissent from
the court's decision as handed" down
by Chief Justice "White, Justice Harlan
entirely rewrote the stenographic re
port of his remarks from the bench..
The oral dissent formed merely a
framework for the final document
containing 8,000 words put on' record
today. ,
Justice Harlan brands as mischiev
ous the modification made by the court
in the decree of the lower court per
mitting subsidiary corporations of the
Standard after dissolution; of the
combination, to make normal and law
ful agreement, among themselves.
Chief Justice White had characterized
this modification as a minor matter.
Sees Long Litigation
Justice Harlan declares he is 1 con
vinced th<* court's opinion "will throw
tij.e.'.bufsit.'rWij of .-*?>«- e«n-.
fusion- and invite, widely extended and
harassing litigation, the Injurious ef
fects of which will be felt for many
years to come."
-; He quotes ( from the decision of Judge
("now president) Taft. in the Addiston
pipe case, in which Taft said that ac
cording to the decision of the.supreme
court of the United States, all re
straints, whether reasonable or unrea
sonable, under the common law, were
forbidden by the statute.
"The supreme law of the land," says
Justice Harlan. "which is binding alike
on —on presidents, congresses, the
courts and the people—gives to con
gress, and to congress alone, authority
to regulate Interstate commerce arid
when congress forbids any restraint of
such commerce, in any form, all must
obey its mandate.
Raps Modification
iV ~"To overreach the action of congress
merely by judicial construction—that
is,"by indirection—is a blow at the in
tegrity of our governmental system
and, In the end, will prove most dan
gerous to all."
In connection with what h«. terms a
"mischievous modification," Justice
Harlan'quotes the chief justice as Pay
ing that "It does not necessarily fol
low .that because an Illegal restraint
of trade or an attempt to monopolize
or a monopolization resulted from the
combination and the transfer of the
stocks of r the subsidiary corporations
to the New Jersey corporation, that a
like restraint or attempt to monopolize
or monopolization i would necessarily
arise from agreements between one or
more of ;the subsidiary corporations
after the transfer of the stock by the
New Jersey 'corporation. -
"Unwise Information"
"Taking this language In connec
tion with other parts of the opinion,"
says Jutice Harlan, "the ■subsidiary;
companies are thus, in effect, Informed
—unwisely. -I think— that, "although
the New Jersey corporation, being an
Illegal combination, must' go out of ex
istence, th«y may join In an agree
ment to restrain commerce against the
states, If such restraint be not 'un
due.";, /;' [•.; ■ . ■ ■ •.. , _■ ;. ■
"On reading the opinion Just de
livered," Justice Harlan adds, "the first
Inquiry would be that as the" court is
unanimous in holding that the parti
cular things done the Standard oil
company and its subsidiary companies
in" this case £ were Illegal' urrdcr the
anti-trust act whether ; those. things
were in reasonable or unreasonable re
straint of Interstate ' commerce, why
was It necessary to make an elaborate
argument, as ; Is done in the opinion,
to show that according to the 'rule of
reason' the ; act. passed by congress
should be Interpreted as If it * con
stained the word 'unreasonable' or the
word 'undue'?:
"The only answer which in frankness
can be given to this question is that
the court Intends to decide Its delib
erate «, judgement 15 years ago, to the
effect \ that the act permitted no re
straint whatever ;of Interstate - com-
Continued on Page 4, Column I
Capt. Wall Named for Job
Change Forbidden by Judge
Captain Eugene R. Wall, who was appointed acting chief of police by the
commissioners.
• : 'i '■ ' i
Synopsis of Evehts in
Effort to Depose Chief
Chief of ■ Police John Seymour la
' ' suspended •» by •' police commis- '
Mod ' pending I InveMtlgatlon of
• charge* preferred In ■ nnmc of
1 Secretary Skelly. '£•; t., ■?,; •.■:•■:■
Seymour secured* alternative writ .
■ of prohibition signed* by. Su
perior Judge. Seatrell and re
• turn* to duty. •-.'■■» • * * • ;
Charges prepared In mayor* of
. ' flee are contained In live counts "
and allege that 'Seymour per
,- > mitted gambling clubs >to op
erate; prevented effective block -
" adea; " attempted"l '< to shift re- •
aponaiblUty to Captain*. O'Day, j
and that Ihe destroyed diarlp- '
i line by . han}i and $ iinjnat
chances of dishonesty and cor
* ruption on the part of . snb- '
ordlnates. „" : ' .:-.'! ,',.-■■ ■ : > ■■
... HearlnK of the.' eharsrea is -. net
by commission for 'Wednesday,
■ • May 31. - -'.:/ >.U» •':.■• - : '»
Allematur writ of prohibition is
sued by .lud^e Sen well in made
returnable June 0. * , < ,'^ • '
Seymour declares <he ■ will-..not ■
submit to removal and prepares ,■
■, to appeal to courts. • ..* J ;:..9. ■ '_♦*
Presentation 'of \ chare** Is pre- j
ceded jby i reading- -of > long let
*' ter - from the | mayor |In ' which a
he . demands : reinstatement t'*of '-,
Mission cafe :, licenses and al
-1 lifting of, lid consonant with
his promises to run a liberal
town. '- -: l--'-'- ».*<:
Gossip Is divided between Presi- ..
| dent Sullivan of the police com- '
, mission and Richard I. Whclan .
\ as McCarthy's choice j for Sey
mour's successor.',
60 DIE AS LINER
GOES UPON ROCKS
Taboga Sinks Off Punta Mala,
Only 40 Out of 100 Passen
gers Surviving
PANAMA, May 25.— The National
steamship line steamer Taboga struck
a rock off Punta Mala Tuesday and
sank a short time afterward. Of the
100 passengers on board only 40 are
known to have been saved.
GUNBOAT GOES TO SCENE
PANAMA, May 25—The Taboga had
a cargo of cattle and was on her regu
lar coastwise trip.
The scene of the accident is about
100 miles from the nearest telegraph
station, which makes it difficult to ob
tain df-tails of the accident.
The United States gunboat Yorktown
left here today for the scene of the
disaster.
o THE WEATHER |)
% YESTERDAY — Highest temperature, 60; ; j
?VW»esf Wednesday) night, 46.
Y^hECAST FOR TODAY—air, some-: {
Tplfot warmer; light north roirtd, changing to
brisk n>cst. I
lV> j
FOR "four hours yesterday afternoon Chief of Police Seymour
was .suspended from that office and Captain Eugene Wall was
technically in command of the department. At the end of that
period an alternative writ of prohibition put Wall out and Seymour
back—for the time being.
I he attempted suspension of Seymour was based upon charges
of conduct unbecoming an officer and subversive of discipline in the
department. The charges are contained in five counts. They allege
that prior to January 27, 1911, Seymour was cognizant of and per
mitted gambling in specified gambling clubs; that he endeavored to
shift responsibility to the shoulders of Captain Henry J. O'Day. and
that he had destroyed the discipline of the department by harsh and
false accusations of dishonesty and dislayolty on the part of mem
bers of the department. The hearing of the charges was set for next
Wednesday afternoon.
The order of suspension was adopted by the police commission
by a vote of 2to 1. President Sullivan and Commissioner Goldberg,
who offered the resolution, voted affirmatively. Commissioner Spiro,
who was denied the privilege of discussing the board's power to
suspend, voted no.
The alternative writ of prohibition, which stayed the mayor's
ax..was made returnable June 9. The write was signed by Superior
Judge Seawell.
The resolution of suspension was adopted shortly after 4 o'clock.
; At 8:30 o'clock Chief Seymour was again at his desk at headquarters.
He declared that he would fight to the bitter end and expressed
entire confidence in his ability to defeat the attempt to oust him.
The order of suspension carried wih it the assignment of Captain
Eugene Wall to the post of acting chief. Captain Wall did not
assume the duties of his brief office. He did say, however, that
while he was at the head of the department there would be no
changes and that the lid would not come off.
CHARGES PREPARED IN MAYOR'S OFFICE
The charges against Seyomur were prepared in Mayor
McCarthy's office. The meeting of the commission was delayed
an hour and a half pending the arrival of President Sullivan. Com
missioner Spiro, who was not sumconed to the conference in the
mayor's office on .Wednesday, knew nothing of the charges until
Sullivan arrived with them.
The charges were handed to Secretary of the Commission Charles
F. Skelly, who was instructed to present them in his name. The
presentation of the charges was preceded by the reading of a long letter
from the mayor addressed to the commission.
In that letter the mayor took the commission to task for the work of th«
department under Seymour, who was not named in the letter. In his letter
the mayor said that the commission had permitted the fair name of the Mission
district to be besmirched in furtherance of a newspaper conspiracy to aid
McCarthy's enemies in siezing the city government and discrediting the union
labor administration.
He ordered that the licenses of the Mission cafe men. revoked on their
pleas of guilty to charges of violating the cafe law, be reinstated instantly.
He demanded such an administration of the police department as would
induce 15,000 Chinese, representing $100,000,000 worth of property, and who
had been driven from San Francisco, to return.
He demanded the cancellation of any order that would prevent the serving
of drinks by cafe proprietors to persons in conveyances in front of cafes and
restaurants.
He demanded that in the matter of issuing liquor licenses the interest!
of local brewers should be considered first.
He demanded to know by what right the commission had assumed or p«r
mitted its subordinates to assume to regulate or censor dancing in reputable
PRICE FIVE CENTS.
GAMBLING IN
CLUBS IS
MAYOR'S
CHARGE
Neglect of Duty and Attempt to
Throw Blame on Subor
dinates Alleged in
\ Complaint
SPIRO REFUSES TO VOTE
WITH OTHER MEMBERS
Commission Decides to Revoke
Recent Action Against Mis
sion Saloons at Re
quest of McCarthy
WRIT OF PROHIBITION IS
ISSUED AGAINST ACTION
Hot Fight Is Expected as Soon
as the Case Reaches
the Courts
WHOLE DEPARTMENT
AWAITS NEW WORD