The San Francisco Call. Newspaper, April 9, 1901, Page 2

THE SAN FRANCISCO CALL, TUESDAY, APRIL [ s 1901 'FROST'S BLIGHTING TOUCH | UPON BLOSSOMING FRUIT| Earl Fruit Company's Manager Says the | Damage Throughcut the State Has ; Been Greatly Overestimated. ‘ April 8—George D.|average crop of apricots in sight in tae | of the Earl Fruit | vicinity of Lodi and Woodbridge, wmchl 4 { | SACRAMENTO, . | 1= the main apricot center. Peaches have lll‘eaf:f“d._s TP | suficred a loss of 5 per cent in some scc- - , though in cthers the,damage has rnia stating the | To. vegetables y night and Thurs- | 1s damage, thouzh some damage. to | potatces have suffered some. The frost| 5 that while some | not damaged the almon but ther= t - t discouraging | not be more than half op, - ined 15 beMeve Giat | owing to other conditions. = . ¢ 8% vards have suffered in some localities. rowers were more alarmed than | Drying north winds are injuring the d there would be an abund-| gy ad reports coverin ineyards from as fa s far north as Scnoma Gets OFf Lightly. ANTA ROSA, April 8 —The frosts of | the upper | Jast week id considerable damage to According | fruit and vines on the uplands, but com- | the plums little in the wvalley of _this L | sults would have been even jured. Considerable damage was don¢ to 3 ous but for the rain of Friday | t bout Anderson and Cot-| 5 Saturday, which changed climatic | tenweod 5 conditions considerably. Around Geyser- | In this section, on the low lands, spes cherriés suffered. In the | opol section the damage reported is | > the peach crop. In tie So- v the vines are sald to show some effects of frost. It is too early yet to give an intelligent estimate as to the eftect upon thi son’s crop. Rumsey the sections heretofore from frosts, there of the mBnds will be is about N Repert of Damage Exaggerated. | REDDING, April 8.—According to some | of the principal fruit growers of the An- g reavy | gerson, Churn Creek bottom and Happy . yday morning have & Valley districts the report that fruit cro age to the fruit crop in-the most total failure was erroneous. e escaped, as far| T of fruit will not exceed 5 per| vhich will hardly be equal to the | ; thinning. The apricot crop was half destroved, that fruit is | s county. e apricots suffered about not extensively grown in t Peaches but Little Affected. ne ible to e for several MARYSVILLE, April 8$—The canning | peaches in this vicinity were but little | affected by the late frosts, with the ex- | ception of Muir peaches, which will not | make to exceed half a crop. Shipping | plums, apricots and seedless grapes wers | adly damaged. The grain acreage is the viest in years and is looking el Rain would be welcome, but is not neces- sary for ten day: LA Damage Not Severe. SUISUN, April .—The apricot and peach | ps in Suisun Valley have been dam.- | | aged by frost. The former crop suffered | | the most. ~ Grapevines have been badly damaged, entalling considerable ioss. Re- | ports received to-aay from fruit belts in | this vicinity are to the effect that the | damage will not be nearly as severe as at first expected. | —_— e early grap ho. reported [ = | two-thirds of the weathe s which reached 36, was orded here in the| lowlands were most- | i i ed. | | territory between here and | Mexican Grops Bui o : T rene "t 1| PHOENIX, Ariz., Avrii 8.—Reports from x e reported to have | various parts of Mexicc state that un- | tomatoe: nd late frosts have caus usually heavy great damage to grain crops all over the republic. W heat has suffered most. Fruit | e orchards on the west coast have been | notably th wood dis- | slightly damaged ana the orange crop wiil was frozen | be cut down considacably bureau pre- | — = ht. Outlook Around Gilroy. GILROY, April 8.—The heaviest frost cf | the season was experienced last night, the mercury registering 30 degrees. The apci- » north of here is ruined, but onl weather frost for to- heavy first hard one this | light damage is reported in_ the foothill ve been three or four | Sections. Prunes were not affected. With | ts, but the damage has not be>n | another good rain the grain erops will he eat either to vines or deciduous or cit- | the heaviest known here in seven years. rus fruits. Apricots &nd e sbtedly have been nipped in scatt Auburn Reports Big Yield. { exposed places, bu his wi e benec- TRIT J n In saving thinning. out heseatter. | AUBURN, April 8—The cold nights of | ¢ e tions are most satisfa the past week may have injured fruit on though rain is much needed for the low grounds, but not to any extent. | There acreage in #he coun The outlook for fruit in this section is at | present very flattering. { has been a large footing 4000 or ucial period for ming fruit trees son of frost v has not been 3 This'is the Tehama County Not Spared. RED BLUFF, April §.—Heavy frosts have damaged apricots and almonds. A light north wind is drying vegetation rapidly. All grain prospects are good. Butte County’s Fruit Yield. i OROVILLE, April &.—There will be from one-palf to two-thirds of a crop of fruit —_——— In Vacaville Orchards. VACAVILL! 3 ects” were scat- output | in all parts of Eastern Butte—that is, east 1l crop. | of Feather River. S Yolo Crops Escape Injury. | WOODLAND, April 8—A light frost | ted this section this morning, and a | heavy north wind prevailed. No gamage | is reported. 5 me rapes pparent individuals hawe output t No hill hards San Joaguin County Conditions. Losses in San Benito. HOLLISTER, April 8—The frost last night destroyed 80 per cent of the almond and apricot crop. Prunes were not so badly damaged. : B o e i ! ] HOTEL AND THEATER N\t BURNED AT OTTAWA | Guests Escape ilflfightclofl:ing, and | Theatrical Company Loses Property. STOCKTON pril 8.—Jack Frost has ots, peaches and in San Joaqu:~ is not more than half an @ -ttt e MRS. McKINLEY’S NIECE TO BREAK THE BOTTLE Honor of Christening the Battleship | Ohio Will Probably Fall to Miss Mary Barber. | WASHINGTON, April 8.—It is nearly | OTTAWA, Ont., April 9.—A fire which settled t S Barber, niece of | started in the Russell House block at 1:45 | Mrs 3 1 break the christen- | this morning destroyed the Russell The- | ing bottle of wine the prow of the bai- | ater, one of the finest playhouses in Can- | g, tleship Ohio. Governor Nash's daughter, | ada, and damaged the Russell House, one | who had been selected originally for this | of the principal hoicls in this city, before | homor. consented to retire because Mrs. | the firemen succeede> n gaining 'control over the flames. Thcse buildings, with two others, occupy the block bounded by Queen, Elgin, Canal and Sparks streets. The total loss is estimated at $100,000. The fire spread from the theater to the hotel with great rapidity and forced some of the 200 guests to make their escape n theif night clothing. To add to the con- fusion the electric light wires were cut, leaving the hotel i total darkness. Al the guests escaped, however, without in- jury. . “The Belle of New York” Opera Company played in the theater last night asked that her niece be | ator Hanna has declined to h: McKinley chosen the Hanna fam ether too conspicuously in pub- with the McKmnle family. raker has thoughtfully with- daughters in favor of Miss nd now that young lady has no rs. She will travel to California in company with the President and his | and what scenery and costumes had been wife. | left in the building were lost. The com- General Grosvenor of Ohio, Who is §1ak- | pany leaves the city this morning, and ing the arrangements for the trip of the | some of their effects had been sent to the Ohlo Congressional delegation to attend | depot. the launching of the battleship Ohio, was | esides the hotel and theater, the block it the White House to-day in consulta- | contained the office of the Free Press, and fion with Secretary Cortelyou. The del- | another portion of it was occupied with egation will travel in a private car and | offices. The 1088 on these is small, will go over a route different from either | TONDON, April 9.—Fire destroyed twen- that of the President or the Ohio guber- | ty-five houses in Andover Hamps orial party. Thev will go to New Or- | o = psbire this morning, rendering 150 ons homeless. jeans from Cincinnati and expect to join e g eless. the Presidential party at Los Angeles. | e The route of the return trip has not been | CZAR OF THE RUSSIAS SesSem—. MAY LEAVE THE THRONE SPEED OF THE PERRY | Emperor Nicholas Much Troubled by IS REPORTED TO LONG | Recent Disturbances and Weary ! everywhere. Irving Scott Says the Trials So Fnri Made Have Not Been Official | Ones. | WASHINGTON, April S—Secretary | Long was informed to-day that the tor-| pedo boat Perry, built by the Union Iron | Works of Sen Francisco, failed to meet contract speed requirements on her recent officie] trial. Under the contract the ves- sel was required to develop a speed of 29 | knots an hour, but the best she could do | on her trial run was 282 per hour. The failure to make the full speed required, | 2 knots, will not resuit in the rejection of the ship, as the contract provides a ,eralty for deficiency in speed between and 28 knots. The boat will therefore e accepted, the price being $259,000 in- | stead of the full contract price of $263,000. Scott of the Union Iron = shown the foregoing dispatch | and said: truth in the statement that has failed to meet with the She had a the Perry - coniyact speed requirements. irial on Saturday and made the speed in- | dicated, 28.2 knots, but the trial was only | one of many to which she wil be sub-| Sected. The Board of Acceptance was | present at the trial and will, be 5o again | T.en the Perry is run over the course. t trials are only builder’s trials ¢ has not vet had her official | We are confident that the boat will | p to our anticipations and make | speed.” | e e A Month’s Test Free. 1f you have Dyspepsie, write Dr.Shoop, Racine, Wis.,box 187, for six bottles Dr.Shoop's Restora- wve. Exp.paic. Send nomoney. Pa)$.50 if cure* of His Work. LONDON, April 8.—The health of Em- peror Nicholas has been shaken Ly the recent commotions,” suys the St. Peters- | burg correspondent of the Daily Express, “and he will probablv 2bd’cate if the next fhllg of the Empress shovld be a daugh- er. According to a spezial to ihe Da''y News from Odessa, there have hegn 1560 3 there during the last few days. A dispatch from £l Fi Reuter Telegram Compaiy says the police a: Kharkoff have arrested twenty-one students for rioting at the railroad sta- ticn en the occasion of the departure of other students, who were expelled for be- ing_connected with pravious disturbances at Kharkoff. A number of students were also arrested in St. Petersburg on leaving a theater where they had manifested ticular ap- proval of certain passiges of a Play which seemed to refer to existing political con- ditions in Russia. EX-GOVERNOR POWERS TO SUCCEED BOUTELLE Republican Candidate in Maine Wins the Place by Majority of Two Thousand. BANGOR, Me., April 8.—The special elec- tion in the Fourth Maine Congressional District to-day, to choose a successor to Charies A, Boutelle, resigned, resulted in a victory for ex-Governor Llewellyn Pow- ers of Houlton, the Republi candidate, by a majority estimated af slightly more than 2000 over Thomas White, Democrat. In September Mr. Boutelle’s majority in the gistrict was more than 1’,’0& PRESIDENT’S VISIT TO NICE A PRELUDE TO TOULON FETES Loubet Receives a Great Ovation and Laughs at the 3 A il A' = ~ | === \ Um ] (™ { DX DING THE RAILWAY CApAs SSTATIONS A o = PRESIDENT EMILE LOUBET OF FRANCE, WHO WAS GIVEN A GREAT OVATION UPON ARRIVAL YESTER- DAY AT NICE ON THE WAY TO TOULON. HE DOES NOT CREDIT THE STORIES OF A PLOT TO ASSAS- SINATE HIM DURING HIS TOUR. Stories of Plots to Take His Life. ance toward the episcopate, as he be- lieved they ought to be a stanch aux- iliary to the government in effecting the union of all French and for the welfare of the country. Safety of the Frontier. To an address delivered by General Ma- zinger on behalf of the garrison, President Lcubet assured the delegation that the government was proud of the army and knew the giant efforts it had made to be ready for eventualities. The Fifteenth Army corps were especially worthy of the confidence shown in them, in charging them with the safety of the post of honor, a few stens from the frontler. After receiving the foreign _consuls President Loubet was entertained by the various officials at luncheon. The Presi- dent’s visit to Nice is merely a prelude to the more important fetes at Toulon, where President Loubet will arrive Wed- nesday afternoon on board a warship, be- ing escorted from. Villefranche by the French squadron. His time here will be taken up with banquets, visits to sym- nastic competitions and flower shows and other such functions. Ten such functions were gone through to-day, concluding with fireworks display and a gala per- formance at the opera. Speaking at the municipal banquet this evening, M. Loubet alluded to thé situ- ation of Nice on the frontier, remarking that “her children recognize the duties g‘hlch this post of honor imposes upon otat The reference to Italy is the subject of scme comment in view of the participa- tion of the Itallan navy in the celebra~ tions at Toulon. . e LOUBET LAUGHS AT STORIES. French President Does Not Believe His Life Is in Danger. LONDON, April 8.—A dispatch to the Evening News from Paris says that the French detectives were privately informed 1- S ICE, APRIL 8.—President Lou- bet's visit to the Mediterranean coast opened under _excellent auspices. The weather during the past few days has been unusual- 1y chilly, but brightened to-day and sun- shine welcomed the President’s arrival in the morning. President Loubet has chosen the most charming season for a tour of the Rivera. The whole country- side is a mass of bloom of varied hues, and Nice itself, as the presidential train steamed in, displayed floral decorations The windows and balconies were profusely adorned with garlands of reses, carnations, wall flowers and ame- mones, which flowers also hung from bas- kets suspended in the Venetian masts and triumphal arches over the main street. The President was accompanied by his wife, the Minister of Foreign Affairs, M. Delcasse, and the Minister of War, | General Andre. The only stoppages made on the way were at Cannes and Antibes, where there were brief receptions upon the part of the local authorities. But all the stations were gaily decorated with age. There has been a great influx of visitors here. Numbers of Italians who, with the AlYlne | drawn up, the President distribute regiments of infantry and members of the gymnastic societiés, were in uniform, en- henced the color and animation of the streets. Troops lined the route from the station to the prefecture, where the Pres- dent will stav while in Nice. Greeted by Vast Crowds. A vast concourse gathered early in the | morning to await President Loubet's ar- rival. He' was welcomed by the military l.and municipal functionaries at the station, where the Marsellaise was played by a: to the s were anum- ber of decorations to the officers and men. He then entered a gala landau and was driven slowly to the prefecture, amid the fanfare of bugles and rolling drums. The President’s reception by the spectators was most warm. The cheering was un- ceasing for the President and for the band. ~ Proceeding troo; regimental courtyard, where the | republic. he usual receptions were held at the | prefecture, where the consular, military, | municipal ‘and religious bodies, through their representatives, delivered short ad- dresses, which the President replied to. | The utterances. on both sides were with- ofit special significance. Replying to an address from a delega- tion of the clergy, President Loubet point- | ed out that he had always favored toler- & of a projected attempt to assassinate President Loubet during his coming trip. Extraordinary precautions have been taken everywhere and the usual police rotection has been doubled. Outsiders ave been excluded from the railroad sta- tions. Ten thousand soldiers have been detailed _to maintain order_ during the French President’s stay at Nice, where stringent orders have been issued to rig- orously suppress the slightest holtile dem- onstration. President Loubet is inclined to laugh at the detectives’ fears that an attempt will be made upon his life ITALIAN SQUADRON ARRIVES. Duke of Genoa G'rge':;d by the French . Vice Admiral. TOULON, France, April 8.—The Ttalian squadron has arrived here, the battleship Lepanto, with the Duke of Genoa on board, heading the line. Salutes were ex- changed and an official visit was pald to Vice Admiral de Beaumont, who sald he was proud to welcome the fleet of a | friendly nation. The Duke of Genoa ex- pressed the happiness he felt at being charged with so agreeable a mission: .WWWW*+WW+WHWW. FAMED PAINTING SAFE I LONOON Portrait of the Duchess of Devonshire Deposited . in a Vault. —_— LIVERPOOL, April 8.—C. Moreland Ag- new, on his arrival here {this morning, admitted that he had the Gainsborouga portrait of the Duchess of Devonshirs. Mr. Agnew himself carried the picture ashore, but beyond admitting that it was the famous missing Gainsborpugh, he de- clined to furnish any dotails regarding Its recovery and proceed:d to London. LONDON, April 8-—On his arrival at Liverpool C. Moreland Agnew wired to his son here asking the latter to meet him at Buston railroad station with two clerks from the office and a detective. On his ar- rival in London Mr. Agnew handed over the picture to the clerks and detective, who placed it in a sefe in the office. Mr. Agnew say$ that ths statements to the effect that Pat ‘Sheedy nad anything to do with the recovery of Athe picture are true, anhd that he (Agnew) did not g:;' any money in America. The bill for the detective work :n the United States will be paid through Scotland Yard. “The papers are filled with many mis- leading statements concerning the Gains- borough,” added Mr. Agnew. “I went to Amerfca th many mi: ings, after sc many yedrs of search. When I reached New York, I found it necessary to pro- ceed to Chicago, where T met the Pinker- tons. By the most natural process in the world the portrait was turned over to me by them. The simple statement that it ad been recovered in one of the Western States was _in accordance with instruc- tions from Scotland Yard. 8o far &s I am concerned, the history of the picture during its detention for a quarter of a cemtury is as much a mys- tery as it is to the rest of the world. The portrait is in u&f!flect state of pre- servation as any Gainsborough I ever saw. All stories implicating a former American millionaire, who is now. desti- tute, are new to me. All I know is that the picture was given me in Chicago and that it is the original portrait.” T To Cure a Cold in One Day. Take Laxative Bromo-Quinine Tablets. 2c. * .surance to his wife, Jane BISHOP MUST - BETURN MONEY Omaha Court Files a Deci- sion Against an Inde- pendent Clergyman. —_— OMAHA, Neb., April 8.—Bishop David N. McInturff, who came here from Spo- kane, Wash, a year ago, identified him- self with the People’s Church, and sub- sequently established a church of his own, has come in contact with the court: and has been worsted. On February 26, 190, shortly after the arrival of Melnturff, he met Mrs. Jane Michie, a member of the People’s Church, and told her his woes. A year or so be- fore the arrival of MclInturff Andrew Michie had died, leaving $1000 of life in- chie. Of this morey she took 5700 and lent it to Bish Mcinturff, accepting his note, payable five years after date. Afier corresponding with pegfle 1 Spokane, Mrs. Michie became alarm over the loan and lnvesfl{lflofl resulted in the bringing of a suit in which she charged fraud upon the part of MeInturft, alleéfls that he used religl oak to secure the loan. before Judge Fawcett, and a for §749 was recovered. In his filed this morning, Jngfil Fawcett says: “The court being fully advised in the premises finds that the allegations of the plaintiff are true, that on February 1900, defendant, by fraud and false pre- tenses, and decenaon practiced upon the plaintiff, did fraudulently and corruptly obtain from said plaintiff $700 in manner and form as alleg OPPONENTS OF REVISION WIN A NEW VICTORY Conservatives of the New York Pres- bytery in Majority at & Church Election. NEW YORK, April 8.—The ministers of the New York Presbytery who are op- posed to revision of the church creed g:lned another victory to-day when the llots for commissioner to the Gen The!-tot*lol“ num- and it are con- Ascembly were counted. ber from presbyte: seven pastors and seven is said that nine of the fourteen servatives. A0AD NS N THE COUATS Supreme Tribunal Renders a Decision in an Impor- tant Case. ——— ‘WASHINGTON, April 8.—In the United iHAIL States Supreme Court to:day an opinion was handed down by Justice White in various cases in- volving the long and short haul clauses of the interstate commerce law. The principal opinion was rendered in the case of the East Tennessee and Georgia Ralflroad Company, and the charge was to the effect that a lower rate was charged on freight carried to Nashville than was gl:\;ied gn ttl:aix!::t to Chattanooga, the ce to the first point bein; ater than to the latter. 2 e The decisions of the Interstate Com- es merce Commission, the Circuit Court and the Circuit Court bf Appeals were all an- tagonistic to the railroad company, though on different grounds. The opinion handed down reversed all these decisions and was in favor of the railroa though without e 0 _of the untll about the 550th year ufl; to era. Pm"mb'dfl. take . it health Ty afier tho first outbreak of Avkpepais. aiarie, rheumatism, const GREAT SMELTING TRUST IN ROCKEFELLER'S HANDS Standard Oil Company Allies Itself With Immense Corporation That Has Capital- ization of One Hundred Millions. NEW YORK, April $.—Attorney Samuel Untermeyer to-night gave out a statement in which he says a protracted meeting was held to-day and continued to-night which had reference to the litigation Se- tween the American Smelting Company and the Standard Ofl interests, represent- ed by H. H. Rogers and Leonard Lew- isohn, over the merging of the Gugsgen- | heim company’s plant. Mr. Untermeyer's statement goes on to say: “The differences were finally settled, and the interests of the Standard Oil Company are now closely allie¢ with those of the -American Smeiting Company, while the United Metal Seliing Company becomes the selling agent of the consolidated com- pany. The certificate increasing the capi- tal stock of the company to $100,000,000 was filed with the Secretary of State at Tren- ton to-night. In order to avoid any fur- ther complications the new stock was im- mediately issued and delivered to the Guggenheims, and they have thelr properties to the company, so that the amalgamation is now complete.” There was $22,000 in revenue stamps re- quired for the stock certificates and ai- most half that amount to stamp the deeds. Justicegbixon at Trenton, N. J., to-day filed an dpinion of the Court of Errors and Appeals stockholders of and Refining Company to_enjoin the pur- chase of the property of M. Guggenheim & Sons. This opinion has béen awaited with great interest by corporation law- yers, as it is considered most important as affecting corporations in New Jersey. Bhe importance of the opinion lies in the construction placed by the court on se tions 48 and 49 of the general corporations act. Vice Chancellor Stevens held that the court could not go beyond the decision of the board of directors as to the value of the property to be purchased by the issu- | ing of stock. The Court of Errors, on the contrary, holds that it must be clearly shown that the value of such property is at least reasonably near the price to be paid, and the action of the directors is subject to review at the Instance of any stockholder who considers rieved. The syllabus of Justice Dixon ollows: Text of the Decision. Under section 4Q of our corporation act when an original jssue “of corporate stock for pro erty to be purchased {s contemplated it is the duty of the directors to see that the real value cf the property is at least equal to the face calue of the stock. Beforé an original 'ssue of corporate stock for property to be purchased takes place the bona fide judgment of the di 1éctors as to the value of the property, while it is entitled to considerable weight, is not conclustve, but may be reviewed at the in- stance existing stockholders, and if on such Tcview by a court of equity the value of the property appears to be less than the face value of the stock the issue should be restrained. After stock has been fssued as fully paid stock for property purchased the judgment of the dirsctors as to the value of ihe property becomes conclusive in the absence of actual fraud in the transaction, and such stock is not liable to any further call. An increase corporate stock, voted for by the board of d rectors and by the requisite majority of stoci erty worth stcek, should be restrained at the Instance of dissenting stockholders. In gonsidering the right of the court to review the action of the directors, Justice Dixon says the language of section 48 of the corporation act is not questionable | as to the fact that thc money paid in must equal the face value of the stock issued. explicit, providing that the corporation may issue stock to the amount of the value of the stock. The distinction between the contemplat- conveyed | n the case brought by minority | the American Smelting | himself ag- | ¢ | not be legallv accepted, beca The language of section 49 is even more]| yed issue of corporate stock for prngorty and the issue for money, Justice Dizon finds, lles not in the rule for valuation, but in the fact that different estimat be formed of the of the prop- | erty. When such diff s are brought before a judiclal tribunal Justice Dixon says the judgment of those upon whom | the_determining of the value is placed, must be accorded considerable weight, but it is not final. Qusstion of Overvaluation. | “Nor is it necessary,” the opinion says, | “that conscious o luation or any on the may | one form of fraudulent conduct part of titese primary values shouid be shown to justify judicial interposition. | Their honest judgment, if reached with- out examination Into the elements of value or if used In part upon an estimate of matters which really are not proper or. if plainly warped by self-interest, may lead to violaticn of the statutory rule as surely as would corrupt motive. The or- iginal issue of corporate stock Is a spe- cial function, In the exercise of which the Legislature has fixed the standard ta be observed, and it if the duty of the courts, -so far as their jurisdiction ex- tends, to see that this standard is not violated either intentionally or uninten- tionally.” | “Justice Dixon points out that under section 40, when corporate stock has once been issued for property purchased, the | Legisiature has directed the application of another rule. Under such conditions noth- ing but actual fraud in the transaction can impair the right of the stockholder to hold his stock as full paid stock, free from further call. Applying the rule as above laid down, Justice Dixon discusses the actual value of the property, the purchase of whic was contemplated by the issue of $45,00 000 of stock. He finds it admitted that the | value of the Guggenheim plant as physi- cal possessions did not exceed $10,000.000, and with the cash to have been turned over, leaving about $23.000,000 to be made up in the good will of the business and the leases and contracts, the nature of which was not disclosed at any time in the proceedings. While the defendants | claimed the complainants had not borne | the burden of proof cast upon them, Jus- | tice Dixon holds that under these cir- cumstances this rule should not be vigor- ously enforced at this stage. Conclusions of the Justice. The proofs. Justice Dixon says, point | strongly to the conclusion that in the ne- t gotiations between the parties the real value_of the property to be acquired had | not béen the basis upon which they have | determined the amount of stock to be ued therefor. The fact that the expeeted | consummation of the deal ca | market value of the stock to rise, and | which was used as an argument that the proposed purchase would not be ad ageous to the stockholders, Justice D! finds to be without weight. | if the intrinsic value of the si | only 60 per cent of its fdce, and an out- sider offéred 80 per cent in money for ad- ditional stock to be issued, such an offer would clearly be advantageous to the | company and its stockholder: i | lature has required that 100 per cent, ther in cash or property, shall be re- ved for corporate stock. |, The court finds that the mere fact that | two-thirds of the directors and stock- | holders voted for the purchase can nc | prevent its review, pointing odt that this | would not justify'an issue of stock for | an {llegitimate enterprise. In accordance with these views the court | orders that the stay be continued enjoin- | ing the purchase and that proceedings to Inoreas'n{(he stock should ltkewise remain | in stats quo pending further argume |-and a @ecision by the Court of Chan as to the real value of the Guzgenheim Iproperty. a2 22 S e e e ol sion. The decision of the Supreme Court was. that “the decree of the Cireuit Court of Appeals should be reversed, with costs and the case remanded to the Circuit Court with instructions -to set aside its decree adjudging that the order of the commission be enforced and to dismiss the application made for that purpose, with costs, the whole to be without preju- dice to the right of the commission to proceed upon the evidence already intro- | duced before it upon such further plead ings and evidence as it may allow to be made or introduced, to hear and determine the matter In controversy according to aw.” In the cases of the Cly(}? Steamship Company the decrees of the Circuit Court of Appeals and of the Circuit Court were modified by providing that ‘“‘the dismissal of the bills shall be without prejudice to the right of the Interstate Commerce Commission, if it so elects to make an original investigation of the questions con- | tained in the records pertinent to yhe complaints presented to that body.” 'As so modified the decrees were affirmed. New Official for the Santa Fe. SPRINGFIELD, Ill, April 8. —E. H. Compton, trainmaster of the Springfield division of the Illinois Central Rallroad, with headquarters at Clinton, tendered his resignation to-day, to take effect to-mor- row, resigning in order to accept a posi- tion as superintendent of terminals at Needles, Cal., with the Atchison, Topeka and Santa Fe Railroad. Will Salute. PARIS, April 9.—“According to informa- tion recelved from an authoritative source,” says a dispatch to the Matin from Nice, “the Russian squadron will re- réturn to Villefranche to-morrow to saiute M. Loubet, in order to show that its re- cent departure was without significance from the point of view of the friendly re- lations existing between the two coun- tries. £, GLACIER IN THE '‘SOUTH DREAM OF A SCIENTIST { Ohio Man Suggests That Abundant. Ice Be Created on the San Ber- nardino Peaks. SPRINGFIELD, Ohio, April 8.—Dr. C. W. Wooldridge, a well-known Ohio scien- tist, came out to-day in advocacy of a unique project. He would create a glacier at the top of the San Bernardino Mount- | ains, in California, that would change the | arid lands of Arizona and Southern Cali- | fornia into a fertile garden. He would | have the standing army now used to de- stroy employed to improve, and suggests as one of its tasks that it erect an im- mense chimney on the Pacific Coast, of an enormous height, so that the ocean air could be carried to the tov-of the San Bernardino Mountains, where by at- mospheric action it would be reduced to an extremely low temperature, thus form- ing, according to Wooldridge, an immense glacier. The presence of this glacier, he says, would cause a sufficiency of rainfall, wiuca in that country is now lacking be- cause the upper stratum of atmosphere is too warm. He also suggested electric dy- namos which would furnish power to till the field, plows being used that might turn up an acre of land at every trip. The land wculd be Irrigated by underground water courves, and all over the farms he wouid have. trolley tracks so that the farm wagons could be run easily. Attorney Held for Crime. BRIDGEPORT, Conn., April 8.—Perry L. Johns, the attorney, who returned Satur- day from Mexico to give himseif up to the authorities, was arraigned in the City Court to-day on charges of embezzlement from_the Pendleton estate and the Sta- ples Free Academy fund. He waived ex- amination. Probable cause was found and he was bound over to the May term of the Superior Court in $12,000. e — Because it’s §1.30. Because it’s a good hat, because it wears, because it can be had in any color, a union label, because it’s soft or stiff, because it bears worth $2.00 and because it sells for $1.30, our hat at that price is the most popu- far hat in this department of our store. It sells by the dozens and dozens—wear one and you will know the reason. See them in our windows. Cut-of-town orders filled— write us. SNWooD! 718 Market Street.