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The demand for The New Call's 6 A. M. edition is increasing. It has been a winner from the start
Htirlie«t Tfnp»ra»uff YeMerday. OK; l,owe»t hstiirday Msrhf, 44. For details of the Weather nee pace 13. ——■ ———.«—^—— i i i San Francisco Has an area of 46! 2 square miles and a population estimated at this due of TZZ— 480,000 VOLUME CXIIL—NO. 58. CONGRESS DEFIED BY NEW YORK'S STOCK EXCHANGE Brief Filed With Money Trust Committee Denies That Federal Government Has Power to Compel Its Incorporation or to Regu late Affairs of Concern POWER OF EMPIRE STATE CONCEDED Business Transacted Is De clared Neither of Inter state Nor Foreign Charac ter ; Rules, Asserts Board, Forbid Gambling, Short Selling and Manipulation WASHINGTON. Jan. 2B.—Members of the house mnnev trust committee •who are to draft a report on results of their inquiry into the financial af fairs thus far conducted have before them for consideration a brief just filed in behalf of the New York stock exchange by its attorneys denying that the federal government has power to compel its incorporation or to regu late its affairs. The stat<* of New York, it is ad mitted in the brief, has power to en act laws for the guidance of the ex change, though the belief is expressed In the argument, that no law, either by state or nation, will stop certain transactions. It Is further asserted at the members of the stock ex change are better able to control its affairs than any legislative authority. BEYOND CONGRESSIONAL REACH "We assert," says the brief, "that no regulation whatever is within the rower of congress. But we are far from asserting that the state is with out any power of regulation. "That the state may legislate with neet to transactions, such as mi -- per manipulation is unquestionable. How effectively it can legislate as to alter* is another question, i. is a regulation interfering with and diminishing the responsible self gov ernment of such an exchange that argue against as detrimental in incalculable degree as well to the interests of the public as to those of the. exchange." ABl SES ARE EXAGGERATED Defending the rules of the stock exchange, the brief declares that its siness is neither of interstate nor foreign character, "nor do its opera ':<-.ns in any respect come within the sphere of the federal jurisdiction." Pules of the exchange, the brief declares, prohibit manipulation, short selling and general gambling, reports < f which are said to be exaggerated by the general public. The answer to all charges against the exchange :s said to lie In the statement that all transactions are matters between ■ fomer and broker with which the exchange has nothing to do so long as highest standards of business hon esty are maintained. The brief also contains many legal decisions submitted to prove that the k e::"hange can not be subject to the interstate commerce act. GENERAL SICKLES STILL REMAINS AT HIS HOME Micrlff Will Serve \\ arrant for Arrest Today If Money Is Not Paid NEW YORK. Jan. 26.—General Dan iel E. Firkles remained undisturbed in his home today, an order for his ar rest issued yesterday in Albany re maining in the hands of Sheriff Ilar- I r, who decided last night, upon receiving it, not to serve it until Mon day. Tfa« sheriff said tonight that he would execute tomorrow the order for the general's arrest unless the sura of 5_j.476 for which he has failed to ac count, it is charged, is paid. A movement to raise by subscrip tion the amount of the general's ;il indebtedness and relieve the aged civil war veteran from all possi bility of going to jail was started to day by William Sohraer, state con troller. INQUIRY NEARING FINISH Social Evil Investigation to Include Many American Cities NEW YORK, Jan. 26.— The elaborate investigation of the social evil In New York—undertaken two years ago by the bureau of social hygiene—ls nearly completed, and its results will be an nounce'! nest December, according to a Matemcnt issued tonight by John D. Rockefeller Jr. Mr. Rockefeller also .says that an exhaustive inquiry of con ditions in European cities has been made and that the bureau plans to ex tend its work to other American cities ARCHDUKE RAINER DYING Nobleman In 87th Year—Related to Emperor Francis Joseph HfENNA, Jan. 26.—Archduke Rainer of» ■> house of Hapsburg and, there fore, related to Emperor Francis Jo seph Is dying. The last sacrament was administered today. Archduke llaincr Sim in his eighty-seventh year. "The People's Newspaper" MRS. MARTIN OUT CHAUFFEUR'S FARE Mrs. Peter D. Martin Paris Court Orders Her to Re fund Ticket of Driver Dis missed in San Francisco (Special Cable to The Call) PARIS, Jan. 26.—Mrs. Peter Martin must pay her chauffeur's railroad fare from Pan Francisco to Paris. Mrs. Martin is the wife of Peter Martin, son of Mrs. JJleanor Martin, San Francisco society leader. She is a daughter of C. M. Oeirlchs of New York. She was sued by Charles Demont, whom she engaged in Paris and dismissed in San Francisco. Demont paid his way back to France, brought suit against Mrs. Martin and won the case. The Peter Martins announced in 1909 that they would leave the United States and live in Paris. The French capital has since been their home, but they make frequent trips to America. SEEKS CAR'S AID FOR HARAKIRI Japanese Lies on Rails With Upraised Blade Against Pit of His Stomach NEW YORK, Jan. 26.—A stylishly dressed Japanese of fine physique startled the Sunday crowds in Madison avenue today by attempting to commit harakirl with the assistance of a speeding streetcar. The Japanese lay prone over the rails, an ugly looking knife with up raised blade poised against the pit of his stomach. The motorraan applied The brakes. The Japanese, seeing the car suddenly stopped a few feet from him, waved the motorman to pro ceed. After an exhibition of jiu jltsu with a burly patrolman the crazed oriental was removed to Bellevue hospital. AGED MARINE REPORTER DIES OF HEART TROUBLE "Mike" Fitzgerald, Known by Most Sea Captains In the World, Breathes Last 'Mike" Fitzgerald, who for nearly half a century was marine reporter for the Merchants' exchange, died from heart trouble at his home, 1016 Green wich street, at 10 o'clock last night after an Illness of three months. The name of Fitzgerald Is known to practically every sea captain in the world. For over 40 years he had been' stationed at Meigg's wharf, and most of that time, when not dodging spray in a Whitehall boat, divided his time between duty and making friends, of whom he has legion. Fitzgerald was 54 years old. Born in Ireland, he came to San Francisco when a boy and the first job he se cured was driving the cart that car ried shipping news from Meigg's wharf to the Merchants' exchange. Later he acted as runner for local tradesmen, going out 20 and 30 miles below the Farallones in a Whitehall boat to take orders for butchers, bakers and gro cers. Besides Mrs. Fitzgerald, six children —five boys and one girl—survive the deceased. DUKES LIFE ATTEMPTED Workman's Bullet Graces Spanish Noble and Wound* Governess PARIS, Jan. 26.—A Barcelona dis patch to the Petit Parisien reports an attempt to assassinate Archduke Louis Salvator of Tuscany. While the arch duke was walking in the grounds of his estate in Miramix in the Balearic islands a workman employed on the estate fired at him several times with a revolver. One of the bullets grazed the archduke and severely wounded * governess. SEATTLE MAN MISSING BERKELEY, Jan. 26.—The police are searching for Fred Looney, a young stranger, who came here from Seattle a week ago and who has been missing since last Wednesday. Looney, who is about 28 years of age, secured a room in a private family at 1913 Cen ter street. On Wednesday he left with about ?150, saying he was going for a "joy ride", and has not turned up jet THE SAN FRANCISCO CALL FERRY STEAMERS CRASH IN DENSE TREE FOG ON BAY Bay City and Melrose Col lide Off Yerba Buena Isl and and Come Near Sinking BOTH BIG BOATS CRIPPLED BADLY Passengers Thrown Into a Panic and Transbay Serv ice Is Demoralized . With a deafening crash that shook both steamers from bow to stern, the ferry boats Bay City and Melrose col lided during an inky black tule fog on the bay midway between Oakland and this city at an early hour yesterday morning. A panic among the passengers im mediately ensued. The screams of the women could be heard above the creaking of the interlocked boats and men ran wildly about both vessels, pulling the life preservers from the racks. All was confusion, and through the dense blanket of fog those aboard one vessel could see faintly the other craft. The collision took place at 9:30 o'clock and both boats were well crowded with passengers. BOATS WERE MOVING SLOWLY The Bay City was on the east bound trip from the Oakland narrow gauge slip, while the Melrose was west bound on the creek route trip. The vessels came together a half mile cast of Terba Buena island. Both boats were traveling under slow steam and each was progressing under the siren system. Captain Peter i Wall commanded the Bay City, while Captain John Hickey was master of the Melrose. Lookouts were on station at th« for ward bow of both steamers, but so dense was the tule fog that tb* other boat was not discovered until txlthfff a few feet apart. There was a cry of "Ship ahead!" but the warning came too late. The look outs' words hardly were spoken before the vessels crashed. There immediately was a ringing of gongs in the engine rooms for back water. The vessels were locked to gether for some time, it being feared that one or both might sink should they be separated in midstream. DECKWORK IS SHATTERED The high deckwork of the Melrose ploughed through the lower deck of the Bay City, tearing away all the pine work and splitting the apron in a large gash. Had the boats met in glancing collision the Impact would have been enough to send the Bay City to the bottom. With her forward rudder disabled the Melrose had to swing around and j head back to the creek. The Bay City i was reported to be taking water. A large amount of wreckage was strewn on the bay attracting the at tention of the ferry captains passing later who stopped to hunt for a dis abled vessel. More than three-quarters of an hour was taken up by the usual 10 minutes run up the estuary to the shipyards. Both steamers will be re paired In time to resume service this morning. UNWRITTEN LAW WILL BE PLEA OF MOTHER Oklahoma Woman Who Killed Married Man Who Eloped With Daugh. ter Justifies Deed (Special Dispatch to The Call) TULSA, Okla., Jan. 26.—Mrs. Olla Biz zell, wife of Lee Bizzell, a farmer living near Tulsa, will plead the unwritten law for shooting and killing John Good speed last night. Goodspeed, although having a wife and several children, eloped with Esther Bizzell, the 20 year old daughter of Mrs. Bizzell. They were caught in Montana and brought back to Oklahoma. Goodspeed visited the Biz zell home again. While insisting on seeing the girl, Mrs. Bizzell killed him. Both Bizzell and his wife ran for the shotgun, but she reached it first. MRS. HERMAN OELRICHS LEAVES FOR EAST TODAY Society Leader's Visit Was for Purpose of Supervising Removal of Par ents' Tomb to Holy Cross Mrs. Herman Oelrichs will leave to morrow for her home in New York after a week's stay at the Palace. Mrs. Oelrich's visit was for the pur pose of supervising the removal of her parents' tomb from Mount Calvary to Holy Cross cemetery. Mrs. Oelrichs will join her son at her New York residence at Fifth avenue and Fifty-seventh street to spend the remainder of the season. SUCCESSOR TO TISDALE Governor Appoints Charles B. Plnkbam to State Health Board Governor Johnson appointed Charles B. Pinkham of San Francisco yester day to be a member of the state board of health, vice Charles S. Tisda.e, re signed. SAN FRANCISCO, MONDAY, JANUARY 27, 1913. AVIATOR PLUNGES WITH HYDROPLANE INTO LIMPID LAKE Hundreds of Spectators See San Francisco Inventor Dive 75 Feet Through Air Lanes WATER CLOSES OVER BIRDMAIj AND CRAFT J Lt - Pilot Escapes Death, But His Novel Machine Is Complete Wreck (Spee'al Dispatch to The Call) | OAKLAND, Jan. 28.—C. IT. Paterson j of San Francisco, at the wheel of a ! novel mono-hydroplane which 'he ' was demonstrating, fell 75 feet this after noon v and landed *In Lake Merritt 20 feet from land. , '. The hundreds of spectators who wit nessed J the spectacular plunge down t the 1 air • lanes believed that faterson had i been killed, but ho disentangled him self from the wrecked machine and in I Continued on Page 2, Column 2 ONE DIES, THREE HURT, WHEN AUTO PLUNGES TO BOTTOM OF GULLY Mrs. W. D. Smith Loses Her Life in Accident to Husband's Car OAKLAND, Jan. 26.—An automobile pleasure trip terminated fatally this afternoon when a party of motorists plunged over a steep bank at the Bulmer hill, eight miles east of Hay ward. Mrs. TV. D. Smith of 1734 Grove street, Berkeley, was instantly killed, and her husband W. D. Smith, who was driving, Byron Smith, his brother, and a friend, Mrs. A. Gall, 1284 One Hun dred and Thirty-seventh avenue, Elm hurst, were injured. Mrs. Smith was pinned beneath the heavy machine and her neck was broken. She died instantly. Young Byron Smith was taken to the Hay ward hospital, where he was treated for minor bruises. Smith and Mrs. Gall, suffering from cuts and severe bruises, were taken In a machine to Oakland. The body of Mrs. Smith was removed to Pleasanton by Deputy Coro ner Charles Graham. The party reached the Bulmer hill at 1:45 o'clock. The road at the hill is very narrow and the embankment step. It Is not known what caused the accident, but the wheels of the car slipped over the edge of the bank and it plunged to the bottom of the gully. DUKE TO MARRY ACTRESS Elopement Threatens New Mesalliance in Russian Imperial House (Special Dispatch to The Call) BERLIN, Jan. 26. —A new mesalliance is threatened in the imperial house of Russia. The Grand Duke Andreas Viadimlrovich. youngest son of the Grand Duke Vladimir, has left Russia, accompanied by the Ballerina Marie Ke rischa Inskaya of the Imperial theater, a celebrated beauty, in order to marry her abroad. FRANCE WARNED OF SPIES PARIS, Jan. 26.—Guards haVe been doubled all along the eastern frontier of France and they patrol with rifles loaded and bayonets fixed. Secret in formation has been received that a body of German spies has been organized to steal certain papers relating to France's preparations for possible war with Ger man^, "An Independent Newspaper" Mackinaw Strikes Breakwater! Ship Has Miraculous Escape Captain Robert Dollar, head of the Dollar Steamship company, and his daughter, Mrs. Grace Dollar Dickson, who were aboard Mackinaw when she narrowly missed destruction. EVERY GULL ON BAY HAS NAME OF ITS OWN SAYS CAPTAIN JOHNSON Fifty of These Birds Have Been Known Personally by Tugboat Skipper Which city, San Francisco or Oak land, should claim the flying popu lation which travels across the bay between the cities? According to accurate figures which have been compiled by Captain Harry Johnson, well known tow boat and launch owner, there are 20,000 sea gulls making their homes and living about the ships of the bay. Mr. John son, who has made a study for years ! of these birds, says that the birds are divided into three classes—the ferry boat followers, the deep water travel ers and the dock dwellers. "Every bird has a name, Is my be lief," said Captain Johnson. "I know 50 birds by name myself. Two of these I know have resided on the Folsom street dock for 20 years." CHURCHES GO VISITING Two-tblrds of Willmette Asks Other Third to Affiliate CHICAGO, Jan. 26.—Delegates repre senting two-thirds of the population of Willmette, a suburb of Chicago, visited today the remaining third of the inhabitants who have no church affiliations, in an effort to induce each family to ally itself with some church organization. It is estimated that 1,500 families were visited. The canvaas was conducted by a central bo<|y consisting of the Episco pal, Congregational, Roman Catholic, Methodist and Presbyterian churches of the village. MALADY STRIKES EXPERT Sacramento Appendicitis Specialist Near Death With That Disease (Special Dispatch to The Cain SACRAMENTO, Jan. 20.—Dr. John L« White, surgeon, proprietor of the White sanatorium here, is in precarious condition at the hospital tonight, fol lowing an operation yesterday for ap pendicitis. Doctor White, himself a specialist in appendicitis, fell a victim j to the disease. Gangrene was found in the wound and his life is des paired of. ' MACKINAW HITS BREAKWATER AND DRIFTS SEAWARD I Steamship's Passengers and Crew Take to Lifeboats; Tugs Tow Ship Into Harbor (Special Dispatch to The Cain LOS ANGELES, Jan. 26.—The steamer Mackinaw, which left San Pedro harbor at 7 o'clock tonight, is now tied to a wharf in the inner harbor with a hole in her starboard bow. That the vessel was saved is little short of miraculous. The steamer, commanded by Captain Johnson, left the harbor in charge of Port Pilot Krog. After the pilot left her the navigators evidently lost their bearings In the heavy fog which prevailed and ran into the breakwater, 6toving a hole into the bow. Engines were stopped and the helpless vessel drifted out to sea. Lifeboats were sent to take off the crew and passengers, and when the last were rescued the vessel was three miles out and in great danger of sinking. Thirty-one persons were taken from the distressed vessel, including Robert Dollar and his daughter, Mrs. Grace Dollar Dickson. The tugs Listo and Scandal were sent out to aid the vessel, and after con siderable effort the steamer was towed into the still waters of the inner har bor, where repairs will be made before the journey can be completed. WOMEN URGE ORIGINAL MOTHERS' PENSION BILL San Jose Petitions to Follow Miss Todd's Warning Committee Is Chopping Measure (Special Dispatch to The Call) SAN JOSE, Jan. 26.—Appealing to women to stand together in protest against the emasculation of the mothers' pension bill in the legisla ture's committee. Miss Helen Todd, set tlement worker of San Francisco, ad dressed a large gathering of women at the Unitarian church today. The meas ure originally provided for state aid to mothers of 5.500 half orphans now being cared for in state institutions Ir respective of whether the mothers were vridows, abandoned wives or unmar ried. Miss Todd said the legislature is dubious about the wisdom of such revo lutionary legislation and is consider ing the advisability of cutting off state help for unmarried mothers and abandoned wives. Local club women are planning to deluge legislators with petitions favoring the original plan embodied in the measure. MISS MARLOWE POISONED Actress Stricken in St. Louis; Under- ! study WUI Play Part ST. LOUIS, Jan. 26.—Miss Julia Mar- i lowe, who is playing with L. 11. i Sothern in Shakespearean repertory, ; was stricken with ptomaine poisoning' Friday night, but, although ill, full- 1 filled her engagements in this city, i Physicians Insisted today that s!<e be j confined until fully recovered. An un derstudy will play her part I MKATHEB FORECAST: Fair: Hsht aortbeawt wind. A 1 cattle buyer want- position; wMI buy on cotn mlKplna or'salary: reaiiy to *o utir p!«cc. WM. WANTED Something in tbe line of furniture or bedding In oxchanp'-- far a blgh rlas? Rurycle SEE CLASSIFIED PAGES FOR CONTINUATION OF THESE ADVERTISEMENT' PRICE FIVE CENTST BALKAN ALLIES TEMPORIZE IN SERVING TURKS FINAL DEMAND Policy of Envoys to Gain Time Patent, for Delegates Realize That Even Partial Reverse on Field of Battle Would Have Grave Moral and Material Results, Be sides the Loss of Thou sands of Fighting Men of the Armies of the Allies PEACE CONFERENCE IS CONSIDERED OFF General Lines Laid Down on Which Note Is to Be Drafted, Comprising Ar guments Why League De mands Surrender of Adri anople and Aegean Isles as Indispensable Condi tion to Ending of War; Roumania Is Considered LONDON, Jan. 26.—The Balkan plen ipotentiaries, who have received full powers from their respective govern ments, appointed a committee today to draft a note to the Turkish pleni potentiaries explaining why the peace conference must now be considered broken off. It is hoped that the draft will be ready for approval by th« full delegation Monday night. This action of the allies is part of j a series of well considered forms o f j pressure with which the Balkan dele- Sfttffs hope to obtain their object-with out resuming the war. TEMPORIZING POLICY WINS The meeting today lasted for an hour and a half, and the course to be followed was given earnest considera tion. Two distinct views were mani fested—one for the immediate rupture of the negotiations, leading to a re sumption of the war, and the other favoring a temporizing policy, in order to avoid irrevocable steps. The latter course triumphed, and a committee was appointed, consisting of one member from each delegation, as follows: Michael Madjaroff, Bul garian minister at London; Professor Georgles Strelt, Greek minister to Aus tria-Hungary; Count Voynovitch, chief of King Nicholas' cabinet, represent ing Montenegro, and Doctor M. R. Vesnitch, Servian minister to France, with the addition of M. Politis of the Greek delegation, owing to his knowl edge of French and his thorough ac quaintance with international law. General lines were laid down on which the note is to bo drafted, com prising the arguments set forth many times as to why the league demands the surrender of Adrianople and the Aegean islands as an indispensable condition to the conclusion of peace. SEIJK TO GAIN TIME That the policy of the allies Is to gain time is patent, and does not de ceive anybody. The delegates de cided thattthe advantages to be de rived from the resumption of hostili ties would be In proportion to the risks they ran, and that they would not take the step unless absolutely forced to do so. It is realized that even a partial reverse would have 3frave moral and material conse quences, apart from the loss of thou sands of men. In addition, the fact is not over looked that there is danger of Rou mania advancing from the rear and of Austria imposing on Servla and Mon tenegro her conditions for remaining neutral. The only disadvantage In de laying decisive action is in keeping large armies inactive and on a war footing for so long a time, thus heavily taxing both the financial and agricul tural resources of tho country. Foreign Minister Found CONSTANTINOPLE. Jan. 26.—Hakk; I ROYAL I NESTOR Original London & Cairo Cigarettes-] JEow,Wai.r Co. v <&rjsr/r/&u rests, 161 167 CALIFORNIA ST.