2
LAST RITES FOR
MUTSUHITO TO
BEGIN SEPT. 13
Complete Plans for the Royal
Funeral Services Are out=
lined in Tokyo
Imposing Ritual to Be Preceded
by Visit to Bier of Lead*
ing Personages
TOKYO. Aug. 1% —The official pro
gram for the funeral of Emperor Mut
suhito. who died on .July 30. was issued
today. The services are to begin at
fi O'clock a. m. September 13. when Em
peror Yoshihito and the empress dow
ager will be present. At 7 o'clock p. m.
the elder statesmen, the peers, all the
high officials and the foreign repre
sentatives are to assemble at the palace,
from which the procession .will start
at 8 p. m. Emperor Yoshihito will not
joint the procession, but will meet it
on the Aoyama parade ground.
The line of the procession, which will
\,° long, is to be interspersed with
mush,-ian's, torch bearers and officials
rarryirrg emblems, while many priests
will participate,
.•offin containing the body is to
wri by a pair of oxen. The entire
route is to be lined by soldiers of the
-rgular army.
TRIBUTE FHOM RILERS
Immediately after the arrival of the
procession at Aoyama the funeral serv
ice Will begin and will comprise the
full and imposing Shinto ritual. After
the services the emperor will person
ally read a tribute to the dead monarch,
and This will be followed by another by
the empres-.dowager, who will be suc
ceeded by the ministers of state and
others, the musicians meanwhile con
tinuing to piay funeral airs.
At the conclusion of this service the
Imperial train is to leave for Kioto, hut
Emperor Yoshihito and the empress
dowager will not travel by it. The
train is scheduled to arrive at r>:10
p. m. September 14, and a simiiar pro
to that arranged from the
palace to the Aoyama parade grounds
will follow. Various tributes to the
iate emperor's memory will be read
beside the tomb. Further services are
to he held on September 15 and these
will conclude the ceremonies.
PREPARATION* S COMPLETER
The preparations made in Tokyo are
complete. The coffin is to be removed
tomorrow from the chamber in which :
it is now lying to that prepared -for the
final lying in state.
Throughout tonight the empress dow
ind the court ladies and officials
will remain beside the coffin. From
tomorrow until September 12 the high
est officials and leading personages will
be permitted t>> visit the chamber.
Knox to Start Friday
Washington, a.;*?. 12. —secretary
Knox will leave Washington Friday for
Japan to attend the funeral of the late
emperor as the special representative
of the United States.
Secretary Knox expects to sail from
Seattle or. the cruiser Maryland August
22 and arrive in Yokohama September
in. three days before the funeral.
Rear Admiral Oscar F. Stanton,
T". S. X., retired, hasr been selected by
President Taft as naval attache to the
special embassy to the Japanese em
peror's funeral. A telegram was-ad
dressed to the admiral at New London,
Conn., inviting him to accept the detail.
Prince Henry to Attend
BERLIN. Aug. I%. —Prince Henry of
-■■*. the- brother of the German
emperor, hug been selected to proceed
to Tokyo to represent Emperor Wii
°m at the funeral of the late emperor
of .lapan on September 12.
TYPOGRAPHICAL UNION
IN ANNUAL SESSION
International Body Begins Its
Fifty-eighth Session
CLEVELAND, 0.. Aug. 12.—With del
egates present from all over the United
States and Canada, and even Hawaii
and- the Philippines, the fifty-eighth an
nual "convention of the International
Typographical, union was opened here
President James "M. Lynch pre
gl'de<f, The woman's auxiliary also Is in
session.
'Before th¥ credentials committee of
t*i> *?oma'n'p anxiliary convened it was
r*:. ecu need that tl-.pre would be a con
•v» r fKW Renting of Mrs. Frank
Kennedy of Omaha, Neb., who is de
i larßd to have been irregularly elected.
There will be no election at this meet
ing. New York. Nashville, Term.; San
4ntonio, Tex., and Montreal seek the
next convention.
ALLEGED "BLIND PIG"
NEAR MENLO RAIDED
James Maloney Is Accused of
Violating State Liquor Law
WENLO PARK. Aug 1 ?.— Maloney's
roadhouse. an alleged blind pig within
th*> state mile and a half limit of Stan
mlversity, was raided at 10:30
•Vclock this *vA/iing. James Maloney,
proprietor ot the resort, and Walter
"Walker, the bartender, were arrested
and tak»n to Redwood City, where they
were arraigned on a charge of telling
liquor within a mile and a half of a
state university.
tJustiee of the Peace Lampking fixed'
their bail at $150 each. The two men
ftirnished bail an hour later and were
released.
T c raid was conducted by Sheriff J.
H. Mansfield. Undersheriff Shields and
Deputy Sheriff Michael Moran. A quan
tity of liquor was taken as evidence.
TVip resort claimed to sell only soft
drink.-.
STOCKTON IN GALA
GARB FOR RED MEN
[Special Dispatch to The Call]
STOCKTON, Aug. 12.—Hundreds of
Red Men will flock to this city tomor
row from i-ities of California to attend
the opening of the great sun sessions
of the Independent Order of Red Men.
Delegates from all over the state be
gan arriving here today, and hundreds
are expected tomorrow by noon. A
special train will leave San Francisco
tomorrow morning for this city with
delegates and visitors. The main
streets in the business district of Stock
ton are decorated with flags and Red
Men banners.
LINER COLLIDES WITH
ICEBERG IN AFTERNOON
MONTREAL, Aug. 12.—The Allen
line steamer Corslcan, bound far Liver
pool with 200 passengers from this
port, was reported tonight to have
struck an iceberg east of Belle' isle at
4 o'clock this afternoon. The damage
ia said not to be serious, but the
era Lake Champlain and Scandi
navian are reported to have proceeded
to the Coi r-istam c.
RETREATING FORCE GAINS TIME
<s> <$> <s> <e> <s> <*> <s> <& ♦ ♦ ♦ ♦ ♦ #~? + 4> ♦! •
Blues Arc Impatient for Action
Troops at Presidio Pre
paring for Active
Campaign
ROYDEN WILLIAMSON
Wild clamors of war till the air at
the Presidio. Like bulldogs.tugging at
their leashes are the forces of the Blue
army in camp eri the reservation. The
greatest activity prevails though all
the ranks in anticipation of ihe call,
"boots and saddles," expected to ring
out iv the early morning hours of
Wednesday for the march down the
peninsula to meet the enemy.
Like the prudent commander that
he is, however. Colonel Cornelius
Gardener will not take the field until
all is in readiness. All lines of com
munication having been cut by the in
vaders, nothing definite as to the plan
of operations is yet known. Mean
while the respective regiments are busy
perfecting themselves for the rigors
of the campaign to come.
At an early hour yesterday there
was a sound to arms that brought the
men from their tents in a hurry, grasp
ing their Springfields and falling into
line as if the Reds were upon them.
It proved to be a ruse from headquar
ters to test their metal, which evi
dently answered all expectations, if
the smile of the "old man,"' as the
rugged commander is dubbed, is any
criterion.
REGIMENTS ARE INSPECTED
A general inspection of the regiments
was mad* during the morning by Lieu
tenant dblonel George Bell Jr.. in
spector general of the western division.
Accompanied by the regimental and
squadron commanders in each instance,
the inspector paced up and down every
line, looking into pockets, scrutinizing |
equipment and peering into the pots of |
savory viands cooking at the company
kitchens, which remind one of odors on
l'ai ific avenue in the latter days of
April, 19*6. Colonel Charles Morton
accompanied Lieutenant Colonel Bell in
his inspection of the Sixteenth infantry.
Colonel Lea Febiger escorted him
through his command, the Sixth in
fantry, and the other unit commanders
did the honors for their respective or
ganisations.
An interesting feature of the inspec
tion to military men is the new dog
tent being used for the first time in the
United States army by the third bat
talion of the Sixteent+i infantry. It
consists of a « simple tarpaulin, sup
ported at one end only, and that by
the soldier's rifle instead of the cus
tomary tent pole. In the stiff wind of
last night the light material gave some
trouble, but the small roll the new
tents make when in marching order
render them popular with the men.
During the afternoon practice
marches and skit skirmish drills' about
the Presidio occupied the troops. Com
pany B, signal corps. California national
guard, combined with Company E. sig
nal corps of the regular army under
Lieutenant S. C. Megill. and gained
much valuable instruction. They
worked in two (-'quads; one was the
field telegraph whieb spent Its time
laying several miles of wire; the other,
was the wireless detachment, busy
erecting aerials and establishing sparks
of communication in- preparation for
the presence of the enemy.
FIELD BAKERY IS BLSY
Over in front of the guard house 06
the main post is the field bakery, com-'
marided by Captain William M. Con
nell, commissary. Here soldiers from
the school for cooks and bakers, be
ginning work at 8 o'clock In the morn
ing, are busily engaged in turning out
tnousands of loaves of bread. Baked to
a turn, the delicious trays of steaming
loaves are drawn from the portable i
Holbrook-Dunn field ovens and turned I
over to the commissary sergeant. Thon
they are packed in paper cartons spe
cially designed for the purpose, each
carton holding 48 pounds, and are ready
tor issuance to company commissaries
and for the great automobile truck
that stands in readiness to transport
them to the army when it takes the
field. About 2.000 pounds of bread is
being baked daily by Captain Connell's
men.
Field hospital company and ambu
lance company No. 2, commanded by
Major E. E. Persons, which occupies
quarters behind the Letterman gen
era! hospital, is a new organization in
the army, going into camp for the first
time. It is interesting to reflect that
this organization is making its initial
bow as a part of the United States
army in the shadow of the hospital
named after the man who revolution
ized this corps. Dr. Jonathan Letter
man, who later wa. c coroner of the city
and county of San Francisco, was from
1862 to 1864 the medical director of
the army of the Potomac, and as such
instituted the first athbulanee corps
erer used in the military organiza
tions of the world. His work deduced
mortality in the field by more than 60
per cpnt and his system is today the
basis of ambulance service, for the
armies of the world. Major Persons'
command includes every Innovation of
medical supply pertaining to army or
ganization. Field operating tents,
wards, dispensary and store tents all
will go along as an integral part of
the Blue briga/le, and while no casual
ties are anticipated, the experience of,
its Berrlee will afford much interesting
data for medical officers.
$20,000 PAID TO STATE
BY DEFUNCT BANK HEADS
Redding Men Compromise in
Shasta Failure of Year Ago
[Special Dispatch to The Call]
REDDING, Aug. 12. —Twenty thou
sand dollars was paid through a local
bank today to State Bank Superin
tendent Wftllams in the compromise
settlement with Fred Hurst, A. W.
Etter, Luke McDonald and Mrs. Emelie
Hurst. Judge Head ratified the com
promise, gave judgment and the money
was paid, thus relieving the four from
all responsibility because of the failure
of the Bank of Shasta County in March
a year ago. Williams now can pay de
positors a dividend of 8 per cent, mak
ing S3 per cent in all.
UNCLE SAM TO MERGE
TWO STATE LAND OFFICES
Decline in Business Makes Red-
ding Branch Unnecessary
REDDING. Aug. 12.— Notification from
Washington that the United States land
office here will be consolidated October
1 with the Sacramento office, was re
ceived today. A decline in business
is given as the cause. The office was
created in 1871 and has in charge
all Shasta and Siskiyou counties, the
eastern half of Trinity and a strip in
the northern part of Tehama counties.
The county is now well settled and all
timber land taken not in the govern
ment reserves.
tontinuoiw Eye Comfort
Mayerle's Eyewater, the Great Eye
Tonic, at Druggists' 50c, by mail 65c.
George Mayerlf. Graduate German Ex
pert Optometrist, 960 Market St., S. F.
IS years Exclusive Eye Practice. •
THE SAN FRANCISCO CALL. TUESDAY, AUOUBT 13, 1912.
Flying Detachment Approaches the Enemy's
Camp Unseen by Any of Watchers on
Hills and Blows Up Bridge
Continued from Page 1
were: Major W. W. Midgley of Po
mona, Captain Allen of San Bernardino,
Captain Duffy of Pomona, Captain Ulm
of Santa Ana, Lieutenant Bernett of
San Bernardino and Corporal Thomas
Cornell of the Utah signal corps.
Brigadier General Walter S. Schuyler,
commanding both forces, arrived here
tonight to look over the situation.
Lieutenant Charles Barth says that the
Red artillery is delayed at Monterey
owing to their inability to bring their
horses ashore.
The progress of the invading Red
army was checked for the time being
this afternoon when a detachment of
the Blue retreating force blew up the
Salinas bridge. It was a clever trick
and scored the first setback for the
Red force since the war began.
Believing the retreating Blue Infantry,
whicn was driven from Monterey sev
eral days ago, was far to the north,
seeking refuge in the hills of the Santa
Clara valley, the commander of the Re\J
army had withdrawn his distant out
posts and prepared to perfect his troops
for their strenuous campaign.
DETACHME.M SK.VT BACK
With clever planning Colonel Bowen
of the Blue force early yesterday morn
ing dispatched a platoon of machine
guns and 20 cavalry men back to Sa
linas. They were given orders to
creep up as closely as possible to the
invaders' camp and do what destruction
to hinder the enemy's advance they
could.
By taking a route through the hills
to the east the detachment, commanded
by Lieutenant W. Cf Gillen of the
Twelfth regulars, arrived in the vicin
ity of the bridge shortly after noon.
Here they remained hidden in the thick
brush for a full hour for fear that they
might be trapped.
Lieutenant Gillen deployed his men
ahd then made a quick dash for the
structure. Five Red infantrymen, who
were guarding the bridge, were cap
tured without firing a shot. The ex
plosive was then placed in the center
of the bridge. A quick fuse was lighted
and theoretically the entire structure,
several hundred feet in length, was
blown to atoms.
The trick was turned while the mili
tiamen drilled' in blissful ignorance
several miles toward the west In their
camp. Even the pickets and outposts
of the invaders on the nearby hilltops
failed to discover the raiding party.
TIME GAINED FOR RETREAT
According to the umpires the de
struction of the bridge will allow the
retreating defending force time to get
many miles to the north and will delay
the expected battle between the two
armies for several hours. It will allow
the defenders of San Francisco to get
several miles nearer than they expected
before they clash with the hostile force,
an<3 will give Colonel Cornelius Gar
dener more time to choose strategical
positions.
The troops had just finished break
fast this morning when ueneral Wan
kowski received, .orders from the im
aginary general at 5 Slonterey to drill
his force Immediately in packing and
i unpacking the wagon trains and pitch
ing- and striking tents. This order was
carried out to the letter and now the
militiamen are thoroughly familiar with
this trick.
DRILL IN TACTICS
After devoting the entire morning to
this kind of drill the soldiers were put
through tactical formations and move
ments pertaining to an advancing
column in a hostile country. Hereto
fore tne militia when attending maneu
vers were drilled in battle formations,
such as rear and advance guard work,
skirmishing and outpost duty. Now,
having learned all this preliminary
schooling they are to receive a thorough
training in fighting and marching in an
unknown country upon which they will
hare to depend for their supplies and
the topography of which they know
nothing.
Everything is being done at the Red
COW ON RAMPAGE
SHOCKS RIVERSIDE
Bovine Visitor of Brindle Hue
Butts Merrily Through
Bank and Store
[Special Dispatch to The Call]
RIVERSIDE, Aug. 12.—A brindle cow
belonging to a West Riverside rancher
wandered into town late this afternoon
and created almost as much excitement
a.« the elephant which went on a ram
page here three years ago.
The cow suddenly appeared in
Eighth street and made for the en
trance of the First National bank. She
pushed open the swinging doors with
her horns and walked sedately through
the crowded banking room without
looking to right or left. Customers and
clerks fled to safe corners as she ap
proached. She went out the Main
street entrance, again pushing the
doors open with her horns. Crossing
the street, she stopped to gaze into the
display window of a kodak store.
The cow then paced down the side
walk for a short distance, reconsidered.
and came back to the kpdak store. She
butted her head through a brand new
French, plate glass window, found the
space too small to go through'and, once
more using her horns, pushed the door
open and sedately trotted through the
store, leaving by the rear entrance.
Girl clerks in the store were horrified
by tffe sudden apparition.
When last seen the «ow was
headed for home, two miles away, At a
lively lope. She evidenced no other
emotion than curiosity during her visit
to town.
LABORER GOES INSANE
FOLLOWING VACCINATION
Many Workmen in Northern
Camp 111 From Qperation
[Special Dispatch io The Call]
PORTLAND. Ore.. Aug. 12.—As the
result of enforced vaccination of-a con.*
struction camp at Husum, Wash., Fred
Groshong, a man of powerful physique,
went violently insane yesterday and
fellow workmen were compelled to
convey him to his home- at White
Salmon. More than 300 men in thS
Stone &. Webster construction camp
were compelled to undergo vaccination
last week,- following the appearance of
two mild cases of smallpox. A number
of the workmen were msde temporary
invalids as a result of the vaccination.
camp tq care for the health of the sol
diers. This system will be followed
out on the campaign of invasion. Major
"VV. F. Lewis, U. S. A., chief surgeon
of the Red army, has personal super
vision of this work.
OBSERVERS 03V GROI\D
Adjutant General E. A. Forbes, ac
companied by Colonel Charles Barth,
IT.l T . S. A„ chief umpire, and Lieutenant
Commander J. c. Thompson, U. S. N.,
who will be an observer at the man
euvers, came by automobile from San
Francisco and inspected the Blue re
treating force under Colonel Bowen In
the San Juan pass*' and the militia
artillery at Coyote.
When General Forbes stepped from
the machine at El Toro, the base of the
Red army, he was greeted by a large
number of militia officers. He imme
diately asked "How Is the strength of
my forces." "Fifty-four men," , the
general shouted to a captain from the
Rivet side company of the Seventh Cal
ifornia.
"Sixty," came the answer and Col
onel David A. Smith of the Fifth in
fantry from the vicinity of San Fran
cisco reported "ray regiment at full
strength, sir."
WATER SUPPLY BAD
The water supply' at El Toro has
been very bad, and the animals have to
be taken to Salinas river, several miles
distant. Water for the soldiers is
scarce, and thode wishing to drink
have to wait in line. Arrangements
are being made by the officers to rem
edy this condition.
A large number- of the officers and
men of the Red army were disappoint
ed again today when General Wan
kowski decided he would not ride his
mount until tomorrow.
The headquarters for the staff
officers of the Red army has been
considerably tangled up. While the
regular soldiers and the militia have
been feasting, the staff officers have
been compelled either to go .hungry or
to eat at one of the company mess
tables. This was brought about by the
refusal of a Chinese cook to go out to
the camp after he had been brought
from San Francisco.
At this evening's meal \he affair was
straightened out somewhat through
the employment of a Japanese. At
first most of the officers disliked to
employ the little browri cdok on ac
count of the possibility of his being a
spy.
tfAT STANDING IP
When the bugler sounded mess call
this evening a number of newspaper
correspondents and staff officers who
were physically unable' to sit at the
mess tables ate their supper from the
top of fehce posts.
The commissary department is work
ing night and day supplying food to
the invading army. At previous ma
neuvers it was. a more I ' simple problem
to feed the troops, as thoy camped for
the entire time atone Jplace. But this
year the army la\6n |}ie march, and
when the invading' fopces move north
ward to attack San,.,- Francisco they
will be camped ea**h evening at a dif
ferent place. Part of the journey will
be through the hills and mountains,
where there are no railroad facilities.
A private in the retreating Blue
force, which Is camped tonight north of
Salinas, let a bayonet fall on his foot
and the weapon cut a deep gash across
the instep. He was taken to the post
hospital at Monterey.
Major G. L Holtum, commanding the
Third battalion of the Fifth regiment,
California militia, from San Jose, sent
the following message by cowboy
courier to Mayor Thomas Monahan of
San Jose thfs afternoon.
Mayor Monahan: Sorry to in
form you, but the victorious Red
army, to which San Jose's bat
talion of militia Is attached, will
occupy your municipality within
a few days. This will come a little
hard, but our duty Is now with
the invaders. I'm notifying you
to give you time to vacate.
MOTHER GIVES LIFE
TO SAVE DAUGHTER
Humboldt Woman Crawls Into
well to Rescue Child and
Is Asphyxiated
[Special Dispatch to The Calt]
EUREKA,- Aug. 12.—Overcome by
noxious gases while attempting to
rescue her daughter, 15 years of age,
from a well into which she had de
scendod to recover tools dropped by
her father and brother, who were dig
ging the well, Mrs. Charles Herriford
was'asphyxiated this morning at her
home near Fortuna, south of this city.
Although the woman's body was recov
ered a short time after she had entered
the well, efforts to revive her were
without avail.
The girl had descended Into the well
with the aid of a ladder after she had
volunteered to secure the tools. Her
mother watehsd her descend, and when
she observed her daughter collapse
under the influence of the gases she
also descended into the well. Mrs.
Herriford succeeded in plajcing a rope
about the girl's body an«ff Jvas prepar
ing to asceml to the surfaie when she
became unconscious. After consider
able effort her body was brought to
the surface, but life was extinct.
The Herrifords came to this county
several months ago r from Oregon,
where they had conducted a hotel.
NEW Y. M. C. A. OFFICIAL
TAKES JOB AT STANFORD
J. P. Hagerman, Noted Athlete,
Begins Labors at University
[Special Dispatch to The Call]
STANFORD UNIVBRSITY, Aug. 12.—
J. P. Hagerman, the new Young Men's
Christian association secretary, who
succeeds D. W. Weist. arrived today and
has taken up his duties. Hagerman iS
a graduate of Occidental college and
was an athlete of renown. HeTwas one
of the representatives of the Pacific
coast at the Olympic games at the
Louisana Purchase exposition at St.
Louis in 1904, where he contested in the
high hurdles. Haggerman has for
some time past been the Pacific coast
secretary for the Young Men's Chris
tian association. _ ...
CONTINENTAL JUGGLERY TRACED
CortoAccusedof'ffi^
Fields Finishes Report; Evidence Ready for Grand Jury Tonight;
McNab Volunteers Pledge Ail Depositors Will Be
Paid; "Sharks" Spread Net for Victims
If "William Corbin, secretary of the
Insolvent Continental Building and
Loan association, did not know his last
annual report, as submitted to the state
authorities, was a false and fraudulent
misrepresentation of the true condition
of the business, he was not competent
to fill the position of clei»k, let alone
that of secretary and manager of the
institution.
This was fhe view expressed yester
day by J. L. Fields, secretary of the
state building and loan commission, at
the close of his independent examina
tion of the Continental's books. Not
only was Corbin's book keeping badly
involved, but Fields discovered an
actual deficit in the assets side of *#ie
ledger amounting to 1130,000. He said
that figure was the minimum, and it
probably would be much larger.
The net deficit in the assets as re
ported by Special Auditor Hassett was
$185,000, and Fields admitted that
figure may be more nearly correct than
his own.
Tn the' afternoon Fields held a
lengthy conference with Assistant Dis
trict Attorney Aylett Cotton, who spent
yesterday gathering evidence to pre
sent to he grand Jury. Corbin's sworn
statement of the association's affairs,
which was filed less than two weeks
ago, and Fields' detailed report will
form the basis for the first Investiga
tion by that body into the Continental
crash.
Fields declined to make his report
public, but in answer to a question as
to Corbin's responsibility he replied
it would have been impossible for Cor
bln to make such errors and not be
aware of them. He tacitly accused the
discredited secretary and manager of
writing the report with the deliberate
intention of hiding the discrepancies in
the assets column.
If this statement is borne out by
other testimony before the grand jury
It is probable Corbin will be indicted
for the felony offense of swearing to
an untruthful report of a financial in
stitution. Officials of the defunct Mar
ket street bank were prosecuted on
this charge a few years ago. Convic
tion means a term in the penitentiary.
Fields' contention is Corbin, after 20
years in the same position aa virtual
head of the Continental, could not help
but know his report was false. Fields
himself has been secretary of the state
building and loan commission for 15
years, and says he is confident his own
figures are correct.
REAL ESTATE JUGGLERY
Instead of reducing the book value
of the real estate owned from $215,000
to $100,000, as Hassett did. Fields
lopped off only $65,000, leaving the
book value at $150,000. A large part of
the remainder of the $130,000 deficit he
found by a week's close study of the
definite contract loans. The accounting
principle used, he said, has been ac
cepted by Herrick & Herrick. the ac
counting firm which annually audited
the books of the Continental prior to
1912.
Yesterday brought no change in the
status of the ruined association, al
though two court actions looking to a
final settlement of the controversy
Were commenced. Custodian Franc J.
Brandon, the receiver appointed by
Commissioner George S. Walker, did
not attempt to gain physical possession
of the offices and property, in spite of
his declaration that he would take full
charge at 9:30 o'clock.
Instead, he arrived at the Conti
nental building at Market and Taylor
streets and Golden Gat* avenue at that
hour, and, finding tne doors locked,
waited patiently until advised by the
attorney general that, after all, phys
ical possession and occupation would
not be required of him until after the
case had been heard by the courts.
This notification came at 3 o'clock, aft
er Brandon had waited more than five
hours on the outside of the building
with no one to talk to but disgruntled
depositors.
The two court actions filed suggest
widely different means of winding up
the business of the Continental and re
turning the money to the investors.
One is in furtherance of Commissioner
Walker's plan to take over the associa
tion permanently and proceed with
liquidating its affairs, while the other
is a suit in the federal court to have
the concern declared an involuntary
bankrupt and a receiver appointed.
Although quick action was urged in
both cases, no arguments were held
and the legal status of the commis
sioner remains unchanged.
The first of the two suits was the
petition filed by Attorney General
Webb in Superior Judge Seawell's
court for an order citing the directors
of the Continental to appear and show
cause why Commissioner Walker's
action should not be approved and
made permanent. Under ' the statute
the directors are given 10 days in
which to reply, but Attorney Gavin Mc-
Nab, for the association, agreed to
waive the right and said he would like
to file a demurrer and make his argu
ments without delay.
Accordingly both counsel for the cor
poration and Assistant Attorney Gen
eral Robert W. Harrison appeared in
court at I o'clock, but word was re
ceived that Judge Seawell preferred to
hear the arguments this morning at 10
o'clock, and the lawyers Vithdrew.
McNab had his demurrer prepared, but
did not file it. ' *
McNAB PLANS CONTEST
Later he explained that he would
contest Attorney General Webb's posi
tion on the ground that the state court
has no jurisdiction In this matter. In
spite of the state building and loan
act, which specifically outlines the pro
cedure. MeNab's contention is that a
federal statute enacted in 1898 takes
the whole matter out of tfce state
courts and away frorii the fetate com
missioner and puts it in the hands of
Nature's Way Is The Best.
Buried deep in our American forest we find bloodroot, queen's root, man*
drake and stone root, golden seal, Oregon grape root and cherrybark. Of these Dr.
R. V. Pieroe made a pure glyceric extract which has been favorably known for
over forty years. He called it " Golden Medical Discovery."
This " Discovery" purifies the blood aad tones up the stomach and the entire
system in Nature' own way. It's just the tissue builder and tonic you require
when recovering from a hard cold, grip, or pneumonia. No matter how strong the
constitution the stomach is apt to be " out of kilter" at times; in consequence
the blood is disordered, for the stomach is tbe laboratory for the constant manu
facture of Mood. Dr. Pierces Golden Medical Discovery strengthens the stomach—
fputs it in shape to make pure, rich blood—helps the liver aad
kidneys to expel the poisons from the body. The weak, nerv
ous, run-down, debilitated condition which so many people
experience at this time of the year is usually the effect of -
poisons in the bipod; it ia often indicated by pimples or boils
appearing on the skin, the face becomes thin—you feel *' blue.''
"More than a weetf ago I was suffering with an awfnl
cold ia my head, throat, breast, and body," writes Mr.
Jamks G. K«ffT, of 710 L. Street, S. E., Washington, D. C.
"Some called it La Grippe, some pneumonia. I was advised
by a friend to try a bottle of your ' Golden Medical Discov
ery.' X tried a bottle and it did me so much good th** I feel
safe in saying it Is the greatest and best medicine that I
ever took. My health is much better than it was before
using your medicine. It does all you claim for it and is
j.g.Kemt.Kwj. satisfactory."
*
the United States courts, along with
other bankruptcy proceedings.
The attorney for the association said
he had looked far and wide for an
opinion or a decision opposite to this
view hut had found none. All insol
vent institutions of whatever kind, he
said, other than banks and public ser
vice corporations, are liquidated
through the federal courts.
"Did you not deny in open court that
the' Continental Building and Loan as
sociation was insolvent?" was asked.
♦'Did 1?" McNab asked in reply.
Saturday." he wap reminded.
"Perhaps I did," answered, the at
torney, "but that is no matter. The
condition may change from day to day."
He continued by asserting positively
that whatever the condition of the Con
tinental, he was willing to pledge his
reputation that every depositor and in
vestor would be paid back dollar for
dollar.
"With accrued interest to date of
payment?'' he was as>'<ed.
"With interest to the date of clos
ing," said McNab.
He would not divulge the plans of
the directors in the event they are
successful in contesting the jurisdic
tion of the state court, but he did not
deny that a voluntary petition in bank
ruptcy might be filed in the federal
court. He said his sole desire was to
pay back the depositors as quickly as
possible to save them from the loan
and mortgage "sharks" that are out
after their holdings with cash offers at
a big discount.
Assistant Attorney General Harrison
said that he and Attorney General
Webb would be ready this morning to
present their arguments on McNab's
demurrer. He termed it a "general
demurrex," and intimated he believed
it would not be sustained by the court.
His office was provided with a copy of
the document, in which objection is
made to the petition of the attorney
general on the following grounds:
"1. That the court has no jurisdic
tion of the subject matter of the ac
tion.
"2. That the court has no jurisdic
tion of the person of the defendant.
"3. That the complaint does not
state facts sufficient to constitute a
cause of action against the defendant."
The demurrer was signed by Gavin
McNab, B. M. Aikin, R. P. Hanshall and
A. H. Jarman. attorneys for the de
funct association.
CREDITORS TAKE ACTION
Entirely independent of the attor
ney general's petition was the action
begun in the United States district
court at the. instance of three depos
itors in the Continental, who. styling
themselves creditors, asked that the
corporation be declared an involuntary
bankrupt. The petitioners were Martin
L. Haines of the law firm of Wilson -&
Haines; Allie Haines, his wife, and Ar
thur L. Myers, an electrician, who
conducts a business in the rear of 763
Market street. They were represented
by Attorneys Charles C. Boynton, .Wal
ter Shelton, Frank M- Hultman. and the.
firm of Wilson & Haines.
In the petition it is charged "that'
the Continental Building and Loan as
sociation had, through payments made
to the Canadian Bank of commerce
of more than $5,000; the Bank of Dan
iel Meyer, $10,000, and other creditors,
like sums, committed bankruptcy, in
asmuch as these payments had been
made while the corporation was insolv
ent."
It goes on to state that these pay
ments had been made to preferred
creditors, "with intent to injure other
creditors, including the petitiofiers, and
to their detriment." It Is asked that
the association be declared an invol
untary bankrupt and that a receiver
be appointed.
The case was set for hearing in
Judge John J. de Haven's court the
morning of August 20. when the de
fendant company will be called upon to
show cause why such a decree should
not be entered.
Included in the petition were the
sworn statements of the three plain
tiffs in the action. Martin Haines said
he made a first payment of $5 a month,
beginning February 5, 1903, to con
tinue for 115 consecutive months. He
was to receive $575, no part of which
was ever paid.
Arthur Myers said he paid $5 a- month
beginning December, 1909, and was to
continue at the same rate for 31 months,
when he was to receive $155, all of
which is due excepting a third.
Mrs. Allie Haines said she paid $5 a
week for 115 weeks, all of which is
now due.
Attorney Boynton issued a statement
after filing the petition setting forth
his reasons for seeking liquidation
through the federal court. He said the
preseQt struggle for supremacy be
tween the state commissioner and the [
directors might tie up the depositors'
money for years. In conclusion he said:
"As I construe the law as it now
stands, the only lawful manner in which
the liquidation of this institution can
be accomplished is through the bank
ruptcy court. This is the , ultimate
place where the liquidation must settle
under the law.
"This being so. the quicker the
liquidation settles into the proper legal
channels the better. In the bankruptcy
court the creditors of the Institution
select the liquidator, who Is their di
rect representative. The prime neces
sity of the situation lies in the select
ing of a competent administrative
liquidator, imbued with a high sense
of the great responsibility to the 5,000
or more creditors of the institution."
McNab ridiculed the petition. Ha
said the case could not stand, because
the three stock holders who are suing
as creditors are in reality liable for
any debts or losses incurred by the
association, because of their joint own
ership in the institution, which is, or
was. a co-operative concern.
The parties nanffed in the complaint
as preferred creditors. Including the
Canadian Bank of Commerce, the bank
of Daniel Meyer and a few others, he
said, are the only creditors, and al
though there are still debts outstand
ing in their favor, they have brought
no such action. Stock holders, he said,
can not be creditors. He said he
thought nothing would come of the
suit.
In answer to this statement, the peti
tioners cite The fact they had finished
their payments and that the money was
due.
"SHARKS" HOI'XD VICTIMS
During the long vigil of Custodian
Brandon outside the locked doors of
the Continental offices he was accosted
frequently by depositors drawn thither
by a vain hope of getting their money.
He found that many of them had been
approached by loan "sharks," who of
j fered to buy up their claims at dis
counts ranging from 50 cents on the I
dollar upwards. One partnership con
cern distributed cards to the depositors
urging them to call at its offices in a
downtown building and sell out on an
even dollar for dollar basis.
A visit to the headquarters of this
philanthropic firm revealed nothing.
When asked where they expected to
profit by the arrangement, the partners
replied that it was not a money mak-»
ing scheme, and besides, that it wasr*
none of anybody's business what they
did.
Lynton Mcintosh, known as an "out
side agent" of the Continental, was
busy on the ground trying to induce
the depositors to sign over to him their
power of attorney for the collection
of their claims. He would not dis
cuss his purpose, nor would he say
whether he was acting for himself or
for the association. President Sweeny
of the Continental said he did not know
Mcintosh.
One of the men that talked to Cus
todian Brandon was Rev. F. W. Emer
son, 20 Steiner street, pastor of the
First Christian church. Rev. Dr. Emer
son said he deposited $60 in the asso
ciation in the spring and made a trip
east, where he issued checks against
his balance. Returning home, he de
posited $240 on August 5, knowing
nothing of the trouble.
Brandon assured him his last deposit
would be paid back in full, no matter
what happens. The same is true of all
moneys put in the association after
Friday, August 2, on which date Com
missioner Walker ordered the directors
to segregate the new business and. keep
it in a separate account. These de
posits, aggregating $2,100, will be re
turned as soon as the controversy is
settled in court.
8. I* Leavick, proprietor of the Sun
set Photo Supply company, and his
wife, Mrs. Mabel Leavick. called in
another vain quest for their money.
They had put every cent they owned
into the Continental, intending to draw
it out last Thursday and make a trip
to Denver, for which they had been
savin g.
WHAT IS FAT FOE?
A New Treatment for Est People
Which la Creating a Furor
Readers of this paper deserve to
know something about the various *
treatments offered them by advertise-J
e-rs. It is their right to be protected
from fakes and misrepresentations
and to know just what they are buy
ing when they buy goods which they
have seen exploited in the advertising
columns. Here is a report on Fat Foe.
the new Obesity treatment, the sales
of which are declared by druggists to
exceed those of any other fat reducer.
It has been known for some time
that Europe has had a recognized
method of fat reduction that we have
not known of in the past, a method
that accomplished this much desired
result without subjecting the victims
of fat to the unpleasant and, danger
ous features of the ordinary fat cures.
Society women and actresses who
make frequent trips abroad have spo
ken of the carefully guarded secret
that has enabled them to reduce their
weight ■
Fat Foe, in whole or in part, is be
lieved to be this or a similar treat
ment. It does away with all exer
cising. di«t, sweatings and unpleas
ant features and is absolutely harm
less. Its phenomenal success is testi
fied to by the thousands who have
tried It with delightful results. Fat
people who have endured the priva
tions of the old methods of fat reduc- ;
tlon hail Fat Foe with joy as the easy
road to slenderness. All druggists
claim this remarkable treatment is en- j
joying a greater sale and giving more
satisfaction than any other reducing
treatment ever Introduced in America.
Out of town etistomers can aeeure FAT FOB
from 8«n Francisco and Oakland druggista by
mail at $1.00. Sold in San Francisco by Wake
lee's 4 store*. Red Raven Dm* Co.. World Drug
Co.. Young-Caaselman's 2 store*. No PsrcentSfre
Drnjr Co.'s 2 stores. Public Drug Co.. Lengfelda
2 stores: also In Oakland by Collins Bros.. Ar
cade Pharmacy, Meader A Walker, Osgood's
store*.
—— ■
Jarbers,Cigar Stands, Hotels
AND TELEPHONE CALLS— ARE
DELIGHTED WITH THE QUAL
ITT AND SPEED TO THE NEW
D. C. SHEERiN'S
2-DAY STEAM LAUNDRY
2-DAY FRENCH LAUNDRY
1-DAY SPECIAL LAUNDRY A
Tel. PARK 171-ag {S^aff™*
Crab Fishermen Protective Union
Flahenaen'M Wharf, Foot of Taylor St.
CRABS THIS WEEK, 02.00 PER DOZ
PRANK S. PISCO. Phone Prank. 408 ft.
I LADIES' DAY AT
1 LURLINE PATHS
I TUESDAY AND
FRIDAY MORNINGS
From 9 o'clock Until Noon
The Lurline
SALT WATER BATHS
Are Resorted Exclnsirely
For Women and Girls
hot mm haik dryers
FOR WOmtm BATHUtS
J L>
BUSH AND
LARKIN STS.