The San Francisco Call. Newspaper, October 10, 1896, Page 1

L VOLUME LXXX.—NO. 9 132, SAN FRANCISCO, SATURDAY MORNING, OCTOBER 10, 1896. PRICE FIVE CENT RAIL DISASTER NEAR PALO ALTO Northbound Freight Train Crashes Into Runaway Boxcars. Engineer Haggerty Killed and Fireman Bowsher Badly Injured. BURIED UNDER THE WRECKAGE Twisted Iron and Splintered Wood Piled Forty Feet High Upon the Track. PALO ALTO, Carn., Oct. 9.—A north- bound freight train on the coast division of the Southern Pacific collided shortly after 2 o'clock this morning with three empty boxcars, which had escaped from the Palo Alto switch and were running down grade on the main line. Engineer Henry Hag- gerty was instantly killed. Fireman Jo- seph T. Bowsher suffered fractures of sev- eral bones and internal injuries of a serious nature. Trainman C. W. Benee was badly burt. Engine and train were piled in a heap forty feet high upon the track and reduced to a tafigied mass of twisted metal and splintered wood. The grade falls rapidly from Palo Alto s far down as Mountain View and the run- away cars hed gained a five or six mile momentum when the smashup occurred, half way between Palo Alto and Mayfield. How the empty cars got onto the main track is not definitely known. It is said that they were not ‘braked,” as they should have been, when sidetracked. Others say that miscreants must have started the cars, but there seems to be little proof to back this assertion. The train coming north was composed of eight heavily laden box and flat cars, and was traveling at the rate of thirty or forty miles an hour as it does not stop or- dinarily at Palo Alto or Mayfield. The cars were filled with sacked wheat, flour, wool and . asphaltum, and there was a quantity of butter, eggs and fowls in one | of the cars. The train and the moving | cars met directly over a‘‘trap” in the track, and to this was doubtless due a part | of the phénomenal telescoping that fol- | lowed. The empty freight cars were tossed twenty feet from the track, with | the exception of the first car, which slid under the fore part of the engine and was crushed to fragment®. The engine turned almost completely over; the cow-catcher being jsmmed into the ground and the | tender being thrown into the air, resting on the rear end of the locomotive fifteen feet above the ground. Theloaded cars in the rear were piled up one upon another to a height of thirty or forty feet on and about the engine. The force of the shock is evidenced by the rails, which were bent like fibers and ed in places like needles, while solid | Is and axles were broken into bits. The heavy wooden backing of the bump- ers on the cars is sheared into long, stringy splinters, each gramn separated | from the others. Over the whole pile was | 2 promiscuous mix-up of wheat, flour and potatoes. How any living thing could | have escaped isa mystery; nevertheless most of the chickens did escape death in the wreck, but only to fall into the hands of those standing about, who carted them f, with little regard for their ownership. | Another peculiar fact was that a number of crates ef eggs endured the shock and were uninjured so far as external appear- ance goes. Haggerty was probably killed instantly. His mangled body was recovered under the engine about an hour after the colli- sion occurred. It was at first believed that Fireman Bowsher was also killed, but the rescuers heard his groans and cries while at work and released him from his dangerous predicament. He was at once | placed in the hands of a physician, who | did everything in his power to relieve the | sufferings of the injured man. Whether | any tramps were on the brakebeams is un- | known ; the removal of the wreckage alone will show that. i two freigntcars at Palo Alto, had failed to | check. Haggarty was a popular engineer among | his brother-engineers, and a trusty, care- ful man. For seven years he was engineer | on the Santa Cruz division, and had a wide circle of friends in that section. Bowsher is not so well known among the train crews, but is a steady, cheerful fel- | low. | Said one of the grizzled old engineers who watched the operation of laying the | $witch about the wreck to allow passage | of trains: “Thatis one of the worst smash- | ups I ever saw, and I've seen some bad | ones. Just think what the loss of life would had been had it been a passenger | train instead of a freight.” | Itis quite probable that the engineer and fireman of the freight did not see the runaway cars until they were directly upon them, and Haggerty probably never knew wnat happened. The night was so | dark that all beyond the range of the en- gine’s headlight was absolutely invisible. | If the engineer did survive for a fraction | of a minute his agonies must have been appalling, for escaping steam penetrated every cranny of that portion of the wreck. People who live near the scene of the collision say that they were awakened in- | stantly by the shock and the subsequent | noise. From the moment the dreadful | accident occurred until long after dark to- | night the wreck has been surrounded by | hundreds of onlookers. . | The work of removing the wreckage | from the main line will occupy two days— | 80 the foreman of the wrecking crew states | —and in the meantime trains are running about the hesp on a hastily constructed switch, Last fall a very similar wreck was nar- rowly averted in the same spot, when a number of cars laden with coal escaped | from the side track running up to the Stanford University campus and missed hitting a passenger train by but a few feet. SAN JOSE, CaL., Oct. 9.—Coroner Secord began an inquest this afternoon at Palo Alto over the body of Engineer Henry | Haggerty, who was killed in the wreck this morning. A jury of eight men was impaneled and three witnesses were exam- ined to identify the deceased. et el oo | EKNOW NOT WHOM TO BLAME, Southern Pacific Officials Cannot Account for the Disaster, The Southern Pacific officials in San Francisco declared they could not ac- | count for the cause of the Palo Aito wreck—that is, how the two freight- cars happened to be on the main track. All the information regarding the wreck received at Mr. Fillmore’s office came in a telegram early in the morning. This con- tamed the merest outline of the accident and some additional matter in the form of a report which told the track had not been cleared and a temporary track was laid around the wreck so that trains could run through on time. The accident occurred at 2:10 A. M., which is known trom a remarkable inci- dent of the smash-up. The conductor was in the caboose when the crash came. He was thrown up against the cupola with great force and,K received a very bad shaking, but the only real damage done was the shattering of his watch. Asthe hands pointed'to 2:10 it is known that is the time the accident happened. Assistant Manager N. H. Foster stated that all energy was at first expended on restoring communication along the line. Then an effort was made to discover the cause of the wreck. According to official reports two freight cars were on the siding at Palo Alto, but somehow had become free and ‘moved on to the main line. There is a slight grade downward toward | | the south from the switch, and this ac- counts for the movement o! the cars. It proves to be a wholly different ques- tion as to how the cars ever got away at first. The railroad managers said they believed it was the work of some miscre- ant who, under cover of darkness, delibe- | rately turned off the pbrakes and let the cars move {rom the switch by gravity and their own momentum. However, there was a possibility that the trainmen, after switching the secure them by tightening the brakes, with the result that the cars moved down the gentle grade. Which theory is right occupied the Southern Pacific detectives and operating department all day, but the result of their inquiries was not satis- factory. It would not be admitted that the brakes and their attachments were at fault, hav- ing been in a worn-out condition and ut- terly incapable of holding the cars in As the brakes were broken in the crash all evidence of possible neglect was one. - Bowsher is stated to have been the only striking fireman to be taken back by the railroad. He used to fire for Littlejohn, one of the oldest engineers running on the western division to Sacramento. He is well known 1n West Oakland. > BLUE AND GRAY MEET AT CANTON Grand Army Posts Wel- come the Ex-Confeder- ate Veterans. Truly the Past Is Forgotten in the Present Battle for Prosperity. MAJOR M'KINLEY’S VISITORS. From East Tennessee and Virginia They Journey to Cheer the Next President. CANTON, Os1o, Oct. 9,—In addition to the activity here to-day Major McKinley was enabled to hear the shoutsand sounds from the great demonstration in Chicaso and the tramp of a hundred thousand marchers by long-distance telephone in Major McKinley’s study and Mrs. Mec- . 1 \ I U \\\\\\\\\\ ) b Wy Kinley's living-roém, Thi telephone com- pany put a direct Chicago wire into the McKin!ey housefor use to-day and there were twelve receivers attached to this end of it. The first delegation to arrive was that from East Tennessee, about 500 strong, and they were all enthusiastic and demon- strative. The spokesman was Editor Wil- liam Rule of Knoxville. Among those in the delezation were the donors of the large hickory stump which Major McKin- ley received some time ago from King County, Tennessee. The candidate to-day made use of the stump for the first time. In addressing the Tennesseeans Major McKinley spoke as follows: The honor of this call is mine, not yours. I appreciate that you have come a great dis- tance, almost the greatest distance of any delegation which has yet visited me, to pay your respects to me, not personally, but rather to testify your devotion to the principles of the Republican party and your determination that those principles shall triumph at the election on the 3d day of November. Your presence here recalls pleasant and inspiring memories connected with the early history of your State. A delegation of 500 miners from Mo~ nongahela County, Pa., then marched up to the house. Thomas Pollock made a short speech of introduction, to which Major McKinley responded. The next delegation, also a Pennsylvania one, was made up of citizens from Warren ana Forest counties and numbered 600, Mr. McKinley addressed them as follows: If I ever had any doubt as to the extent of the population of the State of Pennsylvania that doubt nas been removed since the St. Lonis convention. [Laughter and applause.] I think that I have had the honor of a call from nearly all Western Pennsylvania, and as far east as Harrisburg, all coming upon the same mission, all determined upor the same AM I A EING? —that of contributing their to the g&mfi'fi' grandest prin emnm ever advocated by any political party snd of the greatest party in the world. [Applause.] . We have had in this country since the be- ginning of the Government a trial of two reve- nue systems. One has been known as the tariff for revenue only, the other has been the pro- tective system. We had had no experience under the former for so many long years that people had totally forgotten the distress which ‘was the result of the inanguration of that sys- tem. We have had some experience with it during the last three vears and a half [A volce—“We don’t want any more of i, thongh”], and, as my friend says, we don't want any more of it. [Applause.] This is one of the things you have a chance to vote on on the third day of November. Clinton County, Ohio, farmers to the number of 800 followed the last delega- tion. Clinton County is in the rich agri- cultural section of Ohio, and its citizens are among the most prosperous farmers in the world. It is a strong Republican county. These points were brought out by the spokesman, Judge Adon. Major McKinley had not been notified of the coming of this delegation and his remarks ‘were wholly impromptu. The speech which Major McKinley ex- pected to make first was made last. The ex-Confederate veterans who were ex- pected to arrive at 8:30 in the morning did not all reach Canton until 4. M. They came on three special Burlington and Ohio trains from the Valley of the Shenandoah, and the 'party numbered in the aggregate nearly ' 2000. One-half of them were men who had worn the Con- federate gray and fought under Stone- wall Jackson. . The veterans were met at the train by the Grand Army posts of Canton and Stark County and by the Continued on Second Page. W \ \ \ MARTIN KELLY'S WATERLOD, Auditorium Ticket De- clared Regular by Su- ‘preme Court. BUCKLEY ALSO MEETS WITH DEFEAT. There Can Be Only One Legal Convention for Each Party in the Field. REGISTRAR ENTITLED TO DECIDE WHICH IS THAT ONE. Supreme Court Decision Be Boss Kelly and Which Laid Low Would- Boss Buckley at the Same Time-at One Stroke—Ruef Is Cre stfallen. The Kelly-Mahoney faction were given a stinging blow by the Supreme Court yesterday. D, L. Farnsworth, the candidate of that faction for Superin- tendent of Streets of this City, and James B. Brown, candidate for Sena- torial honors from the Seventeenth Senatorial District, were denied the writ ot mandate by which they sought to compel William M. Hinton, Kegis- trar, to file their certificates of nomina- tion, At the same time the court dented the petition for & similar writ to D, A. Mac- donald, the Buckley candidate for the position of Superintendent of Strests. The Farnsworth and Brown cases were set up as tests by the Kelly-Mahoney- ites, one concerning the strictly muni- cipal and the other the legislative ticket. The Buckley Democrats rested their case on the issue of the petition of Macdonald alone. The opinion of the court was written by Justice McFarland, and Justices Henshaw, Van Vleet and Temple con- curred. Justices Harrison, Beatty and Garroutte dissented. The point of the decision is that ‘“‘a po- litical party which at the last election polled at least 3 per cent of the entire vote can be represented only by ome conven- tion,” and that *‘where two or more bod- ies claim to be the convention contém- plated by the code the Registrar must de- termine which one of the bodies was an organized assemblage of delegates revre- senting the particular political party named.” For days the Kelly-Mahoney faction has been anxiously watching for this de- cision as a drowning man might grasp at astraw. Fifteen minutes after the deci- sions of the courts were hauded into the office of the clerk a woe-begone delegation from the Xelly-Mahoney headquarters filed in and read with growing solemnity the decision which ended their attempt to force the Registrar to give them official recognition. “You may be happy yet,” a bystander jocularly suggested to A. Ruef. *I shall not get happy on such decisions as this,” said Ruef, with deep melancholy, Ruef was paler than usual, and it was apparent to the most casual observer that he flelt the blow keenly. The delegation with him were equally depressed. They sat in silence for awhile and then put out the gas and went home utterly broken in spirit. The court took up first the case of Macs donald against Hinton and rendered the foliowing decision: The writ should be denled, Wkether a Reg. istrar, in filing or refusing to file s proXered certificate of nomination by a convention, acts ministerially or judicially, it is clear that he cannot be commanded by mandamus to do an act which the law does not require him to do. Now, sections 1186-87 of the Political Code clearly contemplate that & political party which at the last élection polled at least 3 per cent of the entire vote can be represented by only one convention. A contrary view would certainly defeat the purpose of the law. Theres fore when each of the two or more bodies claim to be the convention contemplated by the code the Registrar must determine in the nstance, at least, which one of the bodies 'an organized assemblage of delegates representing” the particular political party named. To say that the presentation of a certificate in due form is conclusiveof the essential fact upon which the alleged right rests is to ane nounce the principle that each party to a con- troversy is the exclusive judge of his own case. If the issue were preseiited here whether or not the convention which the petitioners represent was the convention which in fact represented the Democratic party, then this court would have to consider whether or not it would, upon mandamus, hear evidence and, after atrial here, itself determine the essens tial fact in dispute. But this proceeding was submitted upon the admission that the convention represented by petitioners only “claimed 1o be,” but was not a convention representing said potitical party, and upon the theory that a Registrar was bound to file their certificate because it was in due and regular form. Therefore th question whether or not this court should, upon mandamus, inquire into the factand determine whether such conven- tion did or did not represent said political party is not before us. It tnerefore does not appear that the Registrar has refused to do any act which the law enjoins upon him as & duty. The pes tition for the writ of mandamus is denied and the proceeding dismissed. The decisions in the cases of Farnse worth against Hinton and Brown against Hinton were in few words as follows: Upon the authority of Macdonald vs. Hinton, 8. F. No. 684, this day decided the applications for writs of mandamus in above cases are denied and the proceedings dismissed, the cases being substantially alike and having all been considered together. A special dissenting opinion was filed by Justice Garroutte in the case of Mace donald, which is as follows: I dissent. There are three constructions to be placed upon the s te: 1. That the action of the Registrar is final and conclusive. 2, That it is the duty of the Registrar to decide asa fact whether or mot the certificate pre- sented to him comes from the regular and genuine Democratic or Republican party which it purports to represent, and that such decision by him is reviewabie by this court. 3. That it is 1he duty of the Registrar to fill all certificates which upon their face comply with the statute, and that upon rejection by him of any such the remedy is by mandate of this court. To hold that the action of the Registrar is final I cannot indorse for a moment. Every e e—