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If You Missed Your Chance
To get into the, Booklovers' Contest while the pictures were appearing, don t miss your chance to get in now under very advantageous conditions! VOLUME CX.— 25. U.P.CONTROL OF S. P. IS UPHELD Government's Suit to Prevent Continuance of Relation Is Dismissed COURT HOLDS MERGER NOT j IN RESTRAINT OF TRADE! ■■ . i Suppression of Competition So Small as to Be Unimportant, : Says Decision j JUDGE HOOK DISSENTS; CALLS OPINION NARROW ST. LOUIS. June 24.— govern merit's petition to enjoin the Union Pacific railroad from con . tinuing to control the Southern Pacific railroad company was dismissed today by the United States circuit court of the eighth district. Judge Elmer B. Adams wrote the majority - opinion. which was concurred in by Judge San- | born and former Judge (now supreme court. Justice) Vandevanter. Judge William C. Hook wrote a dissenting opinion. The decree was entered at Salt Lake City, where the suit was filed in Febru ary, 1&08, and the opinions were handed down in St. Paul, Salt Lake City and here. Judge Adams foiuid that the railroad merger, engineered by the late Edward H. Harriman and his associates in 1901 and subsequently, did not amount to a direct and substantial restraint of trade, interstate or international. Rule of Reason Cited He found that the suppression .of competition between the Union Pacific and the Southern Pacific was so infini teslmally small that it was unimport ant. In connection- with this feature of the decision. Judge Adams cited the ■ recent Standard oil decision, In which the Tale of reason was first laid down , by the United States supreme court. Judge Hook, in his dissenting opinion, said that the majority opinion "so greatly narrows the act of congress that very little is left of it when ap plied to railroads," and that under the tests which the majority opinion was based on, "the Union Pacific could prob ably have lawfully purchased control of all the great railroad systems in the United States." Judge Adams prefaced his opinion with the statement that the government must prove the restraint in trade, al leged in the bill, to be substantial In character as the direct and immediate effect of the combination. The govern ment, he said later, failed to prove this. Question of Competing The majority decision was mailed to the clerk of the court here. "The only question." " read the opinion, "was whether the Union Pacific company, ex tending only from Omaha to Kansas City on the east, and to Ogden on the west, was a competing line prior to 1901. for transcontinental business with o the Southern Pacific company, which line extended from New York on the cast, over the sea" to New Orleans and thence by rail to San Francisco and Portland on the west. "While the Union Pacific was entirely dependent upon the Southern Pacific for its connection westward, the South ern Pacific was not at all dependent upon the Union Pacific for its connec tion eastward," read the majority opin ion. "Our conclusion." continued the opin ion. "Is that, all the facts of this.case considered in their natural, reasonable and practical aspect and given their , appropriate relative significance. do not make the Union Pacific a substan tial competitor for transcontinental business with the Southern Pacific in or prior to the year 1901, Motive Inquired Into "We therefore pass to a consideration of some less Important matters relied upon by the government to establish destruction of competition between these companies, '"Certainly the desire to appropriate the trifling business done by the South ern Pacific on minor lines, or to sup press a competition in traffic which was in the aggregate of such? small proportions, could not have been the inspiration of the vast outlay involved In the purchase of. the Huntington 'stock. It did not amount to a direct . and substantial restraint'of, either In terstate or international commerce. x This is not sufficient to bring it within ■ the condemnation of the anti-trust law. •'This concludes consideration of the effect of . the transaction chiefly relied upon by the government in this case. But it is contended that the purchase by the Union Pacific of a controlling i interest in the stock of the' Northern Pacific company was also violative of the anti-trust law. "Without dwelling on the reason for ' the purchase of this stock,' disclosed In the preceding statement 'of t facts, ft Is sufficient to say that if any controlling interest was ( thereby acquired, it was i lost some time ' before this suit was , in stituted, and that none of that stock is now held by or for the Union Pacific ; , company. \^^B/BOKfOStfKSSfiV^. ' '.'As 'there is.no showing of any like ambitious project in this respect for the Continued on Page 19, Column. 1 THE San Francisco CALL FIFTY-SIX PAGES-SAN- FRANCISCO, SUNDAY, JUNE 25, 1911.—PAGES 17 TO-S3TI-U Peter F, Dunne, Who Conducted Defense For the Railroads DIVORCEE AND HER LAWYER INDICTED Reno Grand Jury Accuses Mrs. Bell-Derby and Attorney of Perjured Testimony [Special Dispatch to The Call] RENO, June 24. The grand jury of Washoe county this afternoon re turned indictments against William H. Schnitzer, a divorce lawyer who was formerly a partner of Abe Hummel In New York, on a charge of subornation of perjury in that he Induced Mrs. Corihne Bell, a divorcee from San Francisco, to testify falsely as to her residence in this city. , Mrs. Bell, now the , wife of Frank M. Derby of Sacramento, was also in dicted for perjury. ' She was a 'witness before the grand Jury last Thursday. These indictments make the first in what will probably.be a thorough in vestigation into fraudulent practices in the divorce courts. The grand Jury considered testimony this morning In the case against Rob ert Scoular, formerly a San Francisco lawyer, who is alleged •to have ob tained a decreed or a woman who lived In , Reno, only two days. * Disbarment proceedings are now pending before the supreme court. Scoular has, not been found, and' it is believed that' he Is out .of .the state. Schnitzer is in New. York. Mrs. Bell- Derby is in .Sacramento. .< . PASSENGERS LAND FROM LEAKING SHIP IN BOAT Schooner Mandalay * Breaks Shaft and Settles to Deckload CRESCENT CITY, f, June 24.—The steam schooner Mandalay, which left here yesterday with a cargo of lumber and a few passengers for San - Fran cisco, broke its propeller shaft and sprang a leak an l hour -after leaving port. It was able to put back to the outside anchorage and land the passen gers in a lifeboat. Water put out the boiler fires just as the roads outside the harbor were reached. i- , . > ' The hull settled j considerably over night arid showed very' little under the deckload I this morning. ,It is aj large load of lumber. • ,»- The vessel will :be towed by , the steamer Del Norte to San Francisco to morrow. '■"..'., , Captain Lofstrom and his crew have remained on board. The Mandalay has a capacity-of 450 tons and belongs to Hobbs, Wall & Co. > "A" AUTO COMPANY IS CHARGED WITH FRAUD Promoters of Factory Scheme Are Sued by Stock Holders [Special Dispatch to The Call] SACRAMENTO. June 24.—Alleging that the "A" auto company, a firm or ganized to establish an automobile fac tory near Sacramento, is making mis representations in order to sell its stock to the public, and is a fraud, William A. Engel and his wife have brought suit in the superior court ask ing ifor the return of $75 invested; In stock, which they claim was never de livered. Engel avers that It was ' rep resented to him that the company, had $230,000 in the First national bank of | San Francisco and that a I site of 10 acres had been purchased -for . $4,000. These statements were made with fraudulent * Intent, alleged Engel, by Cooke & ; Rerrimers, fiscal agents. )'"''' MRS. BRUGUIERE IS BRIDE OF ARMY OFFICER Young Major Who Was Recent ly Courtmartialed Leads Her to the Altar > Utmost Secrecy Surrounds the ' Ceremony, performed in Wilmington, Del. ! [Special Dispatch to The Call] PHILADELPHIA, June 24. — Major Henry C. Davis, the young army officer who was recently brought all the way from his j station in Guam to this city to undergo ! court martial at the Philadelphia navy yard, and Mrs. Vesta Shortridge-Bru gulere of San' Francisco were married at Wilmington today. They came here : immediately and registered at the j Bellevue-Stratford. There a supper ! was served to Major Davis and his I bride and a few close friends in what j is known as the Imperial suite. , The utmost secrecy was thrown ! about the marriage. To . mislead- the curious a marriage license was pro cured in this city early today by As sistant District Attorney Joseph Rod ! gers, a friend of Major Davis. At that time It was permitted to become known that the couple would be married at the Bellevue-Stratford in the evening. Couple Steals Away Early In the afternoon Major Davis, with his bride to be, left the Clinton at Tenth and Clinton streets, where he has been stopping with his mother for several months. With, the Philadelphia license safely tucked away in one of the ' major's pockets ' merely as "an emergency weapon they started for Wilmington, accompanied by Walter S. Wheeler, who acted as best man, and his brother, Andrew Wheeler Jr. '"Walter S. Wheeler said tonight that Rev. Charles Canbee of Wilmington had tied the. knot about 6:30 o'clock, but was- loth to disclose details. *: While the wedding supper was being served in the. bridal suite, the hotel attaches denied positively that the major and his bride were in the house. The Issuance of the marriage license here today was a surprise to many of Major j Davis' friends. When he was undergoing court martial here he lived at the Bellevue Stratford and at. one time had as his guests Mrs. L. E. Wells fit -Spring Lake, N". J., and her daugh ter. Miss T. Wells. At the time' Miss Wells was credited with an Interview strongly supporting the major, and there was a persistent rumor, not de-. nied at the,time, that Miss Wells was Major j Davis' fiancee. Reduced Ten Marks The court martial here, which re sulted in Major Davis losing 10 marks, was the sequel to the Major's sympathy for a recruit who made a mistake in sounding a bugle call. The man was ordered rebuked by the. genera! in charge and Major Davis rescinded the order. Complaint was made to Wash ington and he was immediately ordered home for military trial. "~'-V-? Mrs. Elvira Davis, the majors mother, who was present at the wedding and supper, traveled 33 Jays in order to be present at the trial and testify for her son. Friday Major Davis was ordered transferred to New York. Major Davis is' 34 years old and his bride 25. She has been a widow since January 18, 1910. ' " '* ; MARE ISLAND WILL HAVE MARINE RECRUIT DEPOT New System Also Is Planned for Bremerton [Special Dispatch to The Call] ■ WASHINGTON, June 24.—1t has been decided to. accept for the marine corps' the recruit depot system which has been so satisfactorily operated at the navy yard at Philadelphia and the naval station at Port Royal, S. C. for •the east coast and at the. navy. yards at Mare, island, Cal., and Bremerton,- Wash., for the west coast. ]'■'■ „ One of the depots on the west coast will be abandoned after experience has shown whether island or "Bremer ton, is better for recruit training. '-'■"= At the army recruit depots recruits are trained for 35 days before being sent to, regiments and companies. At the marine depots the training will cover a period of. three months. OCTOGENERIAN DIES IN BERKELEY HOME Mrs. Julia S. Payton; Passes Away After Brief Illness BERKELEY. June 24.— Mrs. \ Julia S. Payton, 88. years of age, died at the home of her, daughter, Mrs. HattieH. Brainard," 2023 Lincoln street,, last night after a brief Illness. " Mrs. Pay ton . had Jived in this city for'about eight'years. She is the widow of Daniel ? Payton, who died in Michigan several years ago. 'She, was a member of the : Order •of - Eastern * Star. Be sides a daughter she 'eaves two grand daughters, Mrs. Bertha Golden: and Mrs. Carrie E. Bowers of Berkeley* The funeral will be held . at:the' un dertaking parlors of , Albert; Brown, 2108 Addison street, at .2:30 o'clock Monday afternoon * » >_ Mrs, Henry C Davis, Who Was Married In East Yesterday MARE ISLAND FIND IS WORTH $75,000 Copper Ingots Weighing 53 Tons Buried Years Ago to Get Around "Red Tape" [Special Dispatch to The Call] WASHINGTON, June 24.p^pme^jng of a sensation has been caused by the unexpected discovery at the navy yard at Mare Island, Cal., recently, of some $75,000 worth* of ingot copper. * '. This copper, weighing about 107,000 pounds, was found under the floor of foundry No. 1. After an investigation it was learned that about five years ago these ingots were cast from scrap copper, which had accumulated in the steam engineering department. For a while it was stored in a pile on the foundry floor, but that it might not be lost or stolen it was buried in a pit in the foundry by order of Rear Admiral Bowman H.McCalla, then commandant at Mare island. • No other reason is given for its burial than that "under the law they did not know to what appropriation to give credit, or what to do with it." Officers of, the navy department are ■wondering *if , there has been similar disposition of ••' valuable property at other navy yards in order to escape the Intricacies arid perplexities of "red tape." "MINERS' LUCK" SHOWN AT ABANDONED MINE Rich Strike Made After Syndi cate (jives Up Bond [Special Dispatch to The Call] GRASS VALLEY,,June 24.—'^Miner's luck" lias had another illustration here. .The operator of the Red Ledge mine in the Alleghany district have just taken out 50 pounds of ore worth more than $2,000. Only three days ago a syndicate of : Denver capitalists, headed by L. P. Woodbury, gave: up its bond on the property, convinced after three years of effort and the ex penditure of ,SIOO,OOO that, it could not be made to pay. The * owner, \H. L. Johnson: of ' thel famous Tlghtner mine put a force of men at work, with the result; that $ a sensational' strike was made. ,; "; -; ' MORSE STILL SEEKS RELEASE FROM JAIL ! "Malefactor of Great Wealth" 7 Relies on Technicality . ATLANTA; Ga.,' June 24.—Application | for a writ of hcabeas corpus was made today by. attorneys for v Charles W. Morse- before United States District Judge Norman on- the grounds that Morse was convicted on a misdemeanor charge and can not 'be incarcerated lawfully in a prison erected solely for felons, j and that the.ls ryear sentence Is excessive. The" matter' was • taken ! under advisement by the court. JAMES J. GORDON LEFT ALL TO HIS DAUGHTER Washington Debutante Inherits Fortune of $2,000,000 WASHINGTON. June 24.— the will of James *J. Gordon, filed for probata here yesterday,* Miss Alice Gertrude, his daughter and -an intimate friend of Miss Helen ) Taf V" is made the " sole heir to her father's estate/valued at $2,000, --000. *, Miss Gordon is '19! years Jof age and - was ; one of < last season's *. debu tantes. Her father at one time was as sociated, with the late W. S. Hunting ton in railroad building. ->-«..■-" Vj| MINING ’CHANGE RISES AGAINST FREEBOOTERS Brokers Wait on President and Demand Suppression of Bucket Shoppers Fictitious Sales Continue to Play Havoc With Prices of Stocks A DISTINCT revolt developed on the mining exchange yester day against the f-eebooting brokers who have sought to transform the board from a dignified trading center into an arena of pro tected Jugglery. The great majority of the board membership is eager that the 'operations be conducted in an open and legitimate manner, with the fullest .guarantee of fair dealing to.the public. | A small clique of bucket shoppers has J been permitted, however, to usurp control of the trading and to substi tute wash and fictitious sales for honest | transactions. The movement to put an j end to the bronco tactics of the wreck ers assumed definite; form yesterday, and reform may result. Some of the brokers waited upon A. B. Ruggles, president of * the ex change, and urged that action be taken at once to end the procedure which is tending to drive the public from the market and, to make the board appear ridiculous. Ruggles expressed his dis approval of the piratical proceedings, but was not prepared yesterday to en force rigorous measures. '' The brokers who have declared for a policy of a clean exchange will seek another inter view tomorrow with President Ruggles and the members of the governing committee. Governors to Meet It was not possible yesterday to call the governing, committee together be cause of the short Saturday, session. It is highly probable, j however, that this committee will meet during the week to consider the problem now before It. On this committee are A. F. Coffin, Wil liam Bannon, B. F. Shaw, G. S. Clark, Nat Boas, C. D. Laing and E. P. Barrett. The brokers who took a stand for the immediate elimination of the objection able bucketing impressed upon Presi dent Ruggles that it rested with him and the governing committee to pre- ; serve the dignity of the exchange. They proposed that an example be: made of those who flouted the rules of the board. • *■ ■ • • » Herman Zadig,; the pioneer broker, was one of those who took a stand for the restoration of the exchange to the high plane it has always occupied.,. _'; j "There was a time," said Zadig,' "when the exchange held a very enviable posi tion and was highly regarded through out the entire country. We ought to preserve that standing. All 'illegitimate transactions ought to be stopped with dispatch. This is a lime when interest is being renewed in some of the famous old properties. The movement to revive these mines should not be hindered, much less by the members of the ex change.'' • ' r.'vj Wash Sales Opposed The protests have been directed chiefly against the system of wash sales which has been permitted to grow without restraint from the gov erning committee. There has been no word of objection against, a stock movement, either upward or down ward, when the Impulse comes from legitimate transactions. r There is a decided opposition, however, to the practice of rushing a stock downward or upward under a series of fake sales. .The fake sale is the hall mark of the bucket shop. The San Francisco min ing exchange known throughout the world as a big trading- center, where for a period of ,40 years the largest mining deals have been made legiti mately and above reproach. It Is to drive out the bucket shopping that the present movement 'was inaugurated. ,; It was only recently that a city,or dinance was ; passed ',■ abolishing the bucket shops. John Walls/formerly one of the leading bucket shop op erators tof ■; the . state, has I transferred his activities to .the mining exchange. WVeckers Attack Comstocks Many of the best known mining men of the state have expressed the opinion that indications are more favorable on the Comstock lode than at any time since bonanza days. They resent ■ the intrusion at this time of a band -of wreckers, whose sole purpose is to de stroy, "j *••; " The crowd of raiders is small. It is confined to five or six* brokers, who, through collusion, are enabled to wash prices one way -or the other. '-' The remedy for this ; condition is provided for in the rules -of the exchange. To date the governing committee has taken no action to punish the offenders. The process will continue as long as the governing "committee permits it. '': One of the objects of investigation, if the brokers seeking , reform • are able to carry their point, will be a pool of 9,000 shares of stock, said- to.be held locally for an, eastern speculator. .This pool, it is charged, has been used ias a sort" of treasury \to " finance attacks upon the market. It Is said that mem bers of the clique who drive down prices through bogus sales are enabled, when pressed, to \ draw upon : this pool. Continued on; Page 18, Column 3 THE WEATHER YESTERDAY — Highest temperature, 62; lowest \ Friday night, 50. FORECAST FOR TODAY—Fair, warm er; light northwest wind. ■ Two Members of Governing Board In Bush Street KISSES PRIZES FOR TURN VEREIN MEN Girls Will Not Know Upon Whom They Are Bestowing . Oscillatory Rewards [Special Dispatch to The Call] LOS ANGELES, June 24.—T0 be crowned witrj"*''a" w!aurel" wreath and kissed by a pretty German maiden Is a reward any man would find well worth herculean effort. ■■■■'... So more than 200 members of the turn verein of the Pacific district who are to take part in the athletic contests find it. A the turn verein gymnasium in South Figueroa street and at Fiesta park to day they practiced assiduously in hopes that the reward may be theirs. The con tests will take place tomorrow morning and afternoon at the gymnasium and in the park. Garbed in dainty white frocks and wearing the'cardinal and. white of the turn verein. 11 fair Los 'Angeles girls will dispense the laurel wreaths and osculatory rewards on the platform of the turn hall tomorrow night before the ball opens.'. . ....,, The girls will not know whom they will kiss until the names of the win ning contestants are read tomorrow night. But .that doesn't .; appear to '. be worrying them, judging by their merri ment in anticipation this' morning. Dances are other favors,to.be dispensed to their favorites of the winners.* ,•"'•* ■■ The field events of the program were run off this morning at the gymnasium field. The teams contested in the pole vault, shotput, broad jump, high jump and the fencing and wrestling "events. The winners will not be known until tomorrow night. ' Judging is by points. A procession of 50' automobiles car ried the visiting women q£ the Turn Verein on a tour.; of Los, Angeles and the Crescent bay beaches ; this after noon. The " machines', were ' draped .in crimson and- white bunting and out pointed by small German and American flags and pennants of the * same va rious turner societies in the cars. The turners will go to Mount Lowe by special car Monday.* A luncheon will be served at Echo tavern and the return to Los Angeles will be made In time for the .vaudeville' entertainment at the pavilion in • South t Figueroa' street. Delegations arrived from Sacramento and San Diego today* OVERLAND DERAILED BY A BROKEN RAIL No One Injured; San Francis cans on Board [Special ■ Dispatch ' to, The Call] RENO, New, June 24.—Three -Pull mans and diner of the Southern Pacific- Overland Limited,; east bound, left the track between Reno and Sparks through a broken rail at 9:30 o'clock. ;No one was Injured. • • .."-*.. Among those on" the derailed train were" the following San Franciscans: ' William Abbott; ; William F. Humph reys, president Olympic club; S.TN. Rucker. Charles Page, Leon Morris, arid Thornwell Mullally, who is on his way east to. attend the marriage of Miss Margaret Calhoun, daughter of Patrick i Calhoun, president of, the United' Rail [ roads, - - «-- —,-_ \ PRICE FIVE CENTS. BATTLESHIPS GIVE KING A ROYAL SALUTE Imperial Yacht Steams for Miles Between Two Rows of Floating Fortresses in Gay Attire MONSTER DELAWARE TOPS GREATEST OF OTHER NAVIES American Officers and Crew Give George V Good Old Fashioned Yankee -■ ■ . - - ■ Cheer * FIGHTING MACHINES FILL / AIR WITH SOUND OF SHOTS PORTSMOUTH, June 24.—The warships of the world boomed a royal salute today in honor of England's sailor king. Bright sunshine came at last to lend its bril liancy to one of the most impressive scenes* of all the gorgeous pageantry attending coronation of George V. In a double line six miles in length floated the mightiest of Britain's war ships.' These lines were joined at either end by a two mile stretch ■of smaller craft, while off the Isle of Wight 18 foreign vessels lay dressed in glittering colors. : ' The narrow waters of the Solent never held so large a fleet. It was the most effective ever brought to gether. Every class was represented and every one of the -185 ships an chored there was ready for immediate active service. Fleet Is Inspiring All the British ships in the long lines were on the active list, and; of the visitors four were of the most modern type, the American battle ship Delaware; the "Yon der Tann, representing Germany, the Danton, France and the Radetzky ] Austria. This mighty fleet presented an'ap pearance at once magnificent and awe inspiring. Flags of all nations were whipped by the breeze aloft, while myriads of tiny, streamers stretched across every ship from stem to stern. The mosquito fleet had a position along the shore, and behind the little craft in the mouth of the bay innu merable yachts were drawn up. Sur rounding the fleet were scores of big liners, including the Atlantic liners La Savoie and George Washington, on which were hundreds of American vis itors. Guns Thunder Salute As the royal yacht Victoria and Al bert entered the line the men manned the ships, the guns thundered and the bands played the national anthem. On the bridge the king stood in an ad miral's uniform, acknowledging the cheers of the sailors and visitors*. Cap tain Gove and the men of the Delaware and the guests aboard gave the king a cheer which was truly American, to which his majesty replied with a sa- ' lute. •*'- - " The Delaware from the tops of her fighting masts flew immense American and British flags, which topped all the rest.*.' „ . ;*~ Bunting and fleet flags were entwined between the masts and along the rig ging, while . astern another monster American flag floated. Chats With! Officers When the royal yacht dropped anchor the senior officers of all the ships went aboard. As Captain Gove stepped aboard he was warmly welcomed. For several minutes the king chatted with the offi cers', and thanked them warmly for their presence. As the royal yacht turned her head toward Portsmouth the salutes were repeated and the * sailors cheered again and again. The king spent the night at Ports mouth and witnessed the illumination of the ships efrom the signal tower. Many special trains were run from London carrying Indian princes, peers and peeresses, members of parliament, lords of the admiralty and. diplomats. The regular and the excursion trains arriving during the morning added great numbers to the thousands already gathered here from all parts of. the world. Seventeen nations were represented in the vessels moored in Spithead road stead, in the English channel, between' the mainland and the Isle of Wight. Of the number 10 were battleships of the dreadnought .class from the British navy, and one visiting dread nought, the German Yon der Tann. First, however, in size and armament, was the American battleship Delaware." The ' British dreadnoughts were , th« LColoratusa, \ Neptune, Hercules, Colling, ••' ' '••' ''"■''. ••" '■* . *>'