The San Francisco Call. Newspaper, October 23, 1901, Page 1

.\'OL[’M E XC—NO. 145. SAN FRANCISCO, WEDNESDAY, OCTOBER 23, 1901. THEATLANTIC IN AN AIRSHIP Santos-Dumont Contem- plates Attempting a Daring Exploit. This to Depend Upon Success of Proposed Trip to Corsica. If All Goes Well the Brazilian Aero- naut Will Build a Big Balloon With Which to Cross the Ocean Next Year. Call. ro to-day states the Brazilian the proposed a and Alge- e Atlantic than the is entitled d by M. No decis- ember, as Octo- condi- POLICE ARE SEARCHING FOR BANK THIEVES Million Dellars in Money and Securi- ties Returned to the Lowell Institution. 22—The money Merchan and Lewis H s counsel touched ed that ow sur y com- at repeat- ts by Tel- ion of a and charged the record. g was Wrong, for the time larmed the following removed the th went wift took the neighboring acealed it. acut and c TWO MEN ARE KILLED IN WRECK OF A TRAIN Engine and Cars Fall Down an Em- bankment at a Curve in ~The Ore- t mail No. 1 st of McCam- nd Engineer n Paul Spirell, led. il of a filled- embankment baggage and jeved that d and were Two mail X nger were able to take ferring the ured. En- and three DEBTS OF MANCHESTER WILL BE LIQUIDATED her-in-Law Zimmerman Arranges for a Settlement of the Finan- cial Trouble. NDON, Oct According to the a family conference Portland square yesterday, nded by Eugene Zimmer- as arranged that he should pay suelo, te the Duke of t of Kimbe Castle, the principal of the Duke of Manchester, has con- n tenancy, in order schement might occur there. aveled to Kimbolton b GRANT A COMMUTATION TO JOHANNES BOTHA Authorities Decide That the Young Fighter Should Not Be cuted. CAPE 22 —The sentence of rece posed upon Johannes commuted to imprison- Commandant Scheeper has e list of those sentenced nt banishment from South Af- TOSHLOVER | as not de- | Duchess of Man- | 1 of the young Duchess | THE ANTI-DEBRIS LAW ' Stinging Arraignment of the Railroad Is Made in Connection With Report Upon Mineral Land Segregation Bill | | JOMMN. F DAVLS ST AMADOR Go. L5 = PRICE FIVE CENT DELEGATES BY VOTE PAY RESPECT TO MEMORY OF McKINLEY Representatives of Mineral Counties; Take Part in Impressive Scene That| Centered Under National Emblem ASSOCIATED MINERS OF CALIFORNIA PROPOSE ACTIVE CAMPAIGN TO AID A GREAT INDUSTRY !COMMITTEE RECOIT1ENDS BRINGING SUIT TO TEST A RISING C H DUTTON ¥ EL PORRDS ¢o. SOME OF THE MEN WHO WERE PROMIN THE CONVENTION OF THE CALIFORNIA MINERS IN GOLDEN GATE | HALL YESTERDAY. T IN THE PROCEEDINGS OF RIST orCALIFORN A EN representing all the mining counties in California, from Siskiyou to San Diego, rose to their feet in Golden Gate Hall vesterday at the convention of the Californ Miners’ Association and stood silently a moment in testimony of the spect to the memory of William McKinley, late President of the United States. A special committee had been | appointed to draft suitable resolutions. | President Voorhies, presiding over the | deliberations of the convention, an- nounced that the committee was ready to report. Proféssor Christy of the min- | ing department of the University'of Cali- | fornia, took the center of the stage and | read, solemnly and slowly, the resolu- tions in which the death of the nation’s chief was deplored. “All in favor of the adoption of these resolutions,” said President Voorhies, “will please rise.” The scene was impressive. The entire hall had been patriotically decorated | with the national colors. From galleries | depended gay festoons of bunting, and the shields of the several counties of the State gleamed at intervals along the dra- | peries, above which rose small American flags. Picks and shovels told of the na- ture of the convention. Gay banrerets of blue, with golden fringes, defined the location of the numerous delegations from the mining counties. Amid the ar- ray of bannerets and under the masses of bunting and the insignia of their craft the miners rose to their feet. Here and there the light colored gowns of indies made a patch of color in relfef. Only the day before the Nestor of the convention, J. H. Neff, had repeated to the convention the famous message that Abraham Lincoln told Schuyler Colfax to bring to the coast. “Tell the miners of Californ =0 ran the words—“that the country owes a debt of gratitude to | them.” With that message still fresh in | mind the California miners pald respect to the memory of McKinley. “The resolutions,” said President Voor- hies, not without a show of emotion, “are | unanimously adopted.” | Deplore President’s Death., The text of the committee report is as | follo Resolved, By the California State Miners' As- | gociation, that we mourn in Willlam McKinley L the type of American citizen that we all honor; the brave soldler, the tender and devoted hus- band, the generous and loyal friend, the public- spirited citizen, the wise statesman. His broad sympathies with every section of our great country, his long and useful public life, his traglc end, his generous kindness and sublime faith in the face of death have made us forget differences of parties and creeds, and we stand by his grave united in our commen loss; be 1t further Resolved, That we wish to express with the entire civilized world our abhorrence of govern- ment by assassination as forelgn to the spirit of our civilization, and as the mortal foe of all that makes for patriotism or progress; be it further : Resolved, That, recognizing in loyal cltizen- ship the strongest safeguard against anarchy, we call upon every American to do his whole duty as a citizen, to create and maintain a quickened public sentiment which shall not only ald in the enactment of wise and just laws, but shall compel them to be respected and en- forced. Wa most espectally urge our courts to aid In such swift and certain adminstration of justice as shall command the respect and confidence of the people; be it further Resolved, That we urge upon Congress to pass such immigration laws as while enabling all honorable and worthy forelgners to become citizens shall vigorously exclude from our coun- try all who are unwilling to abide by fts laws. O’Brien Still Missing. The entire second day of the miners’ convention was crowded with matters of concern to the mining industry. There were addresses and reports, the latter be- ing filled with facts. The Interests of the petroleum miners received attention. Once more the matter of O’Brien’s option on lands for the restraining basin of the Yuba River Works came up. When the convention adjourned for the day O'Brien had not been found. The special committee appointed to locate him and make proffer of the $2500 in cash that was raised on the preceding day re- ported through the chairman, W. C. Ral- ston, that although efforts had been made to place O'Brien failure had so far been the result. As the option was dated on October 22, 1900, and yesterday was the 224, marking the full expiration of the time for the payment of the money, Ral- ston reported also that the committee were of the opinion that they would not be able to make the tender personally to O'Brien. One of the celegates facetiously sug- gested that O'Brien had gone for a trip 3 to the Farallones, whereat the members of the convention laughed. Ralston added that it had been ascer- tained that the failure to make the tender to O'Brien personally would not do any harm. The committee had visited the office of the Urited States Attorney and had there been advised that O'Brien’s own act in notifying;the Debris Commis- slon that he withdrew his option had ob- viated any difficulty occasioned by the failure to find him. When O'Brien so no- tified the commission he practically said that he would decline to accept the money In pursuancg of the carrying out of the option. The money had been ralsed and was ready for O’'Brien before the ex- piration of the option. The United States had already taken cognizance of O'Brien’s attitude by bringing suit in the United States Circuit Court to compel him to make the option good. This information pleased the convention. With the state- ment the consideration of the O’Brien matter before the convention was closed for the day. Vain Search for O’Brien. There are some facts that have not been mentioned previously that illustrate the peculiarities of an episode that probably has never been paralleled in mining his- tory. It has been published in The Call that after the convention of the miners was adjourned Monday the spegial com- mittee went to the office of the Debris Commission and there held a protracted conference. At the end of the talk W. C. Ralston emerged from the Flood build- ing, tightly gripping in his stout right hand a sack which contained $2500 in shin- ing gold pleces. He turned down Market street and went to the hotel where O’'Brien was supposed to be. O'Brien, by the way; after his appearance at the min- ers’ convention that day, the first day of the proceedings, went directly away, but having had time to hear that the conven- tion proposed to collect the money and to offer it to him and so force an issue. Ralston did not find O'Brien at the ho- tel. The committee did not mean to.be balked by trifies and at once began to use the wires to Smartsville, where O’Brien lives, to find out where he was stopping and they learned at a late hour Monday night that he was supposed to be at the home of a daughter who lives on Myrtle street in Oakland. Notwithstanding the MEMBERS DEVOTE MUCH TIME TO TOPICS OF IMPORTANCE HE"® California Miners’ lively sessions, at which reports were received from two i memory of i a rising vote. of the leading committees, who submitted matters for consideration that are of the first importance to the mining in- dustry of California. They refer particularly to the muneral lands bill and to the test case which it is proposed to bring to try the constitutionality of the anti-debris law. Resolutions in | William McKinley were unanimously adopted by Association yesterday held two lateness of the hour, there was a member of the Debris Commission at a hotel on Montgomery street who then had the coin for O'Brien in charge. As soon as the news came from Smartsville there was a stir in the Palace Hotel, where the min- ers were holding committee meetings. There was then a wild rush to' catch a boat for Oakland, but this mission failed of results, as- O'Brien was not found. Yesterday there was more searching, but the advice of the United States Attorney made it appear that it was of less impor- tance than it had at first appeared wheth- er O'Brien was located or not. Report on Legislation. A very interesting report was sub- mitted to the convention by the commit- tee on legislation through the chairman of the committee, John F. Davis of Ama- dor County. The committee maintained the doctrine champloned by it at two pre- ceding conventions of the miners that fu- ture legislation with reference to the law of mining in almost all its branches should *be amendatory of existing Federal law rather than independent statutory amendment at the hands of the Legisia- ture. Generally speaking, so the com- mittee reported, there was nothing in the geology of California which required min- ing legislation of such a peculiar nature that it could be obtained only from the State Legislature. The following resolu- tion was recommended for passage by the convention: Resolved, That we heartily favor the amend- ments to sections 2819, 2320, 2324, of the Revised Statutes of the United States, concerning the location of mining claims, so that the locator shall be accorded a reasonable time withif which to finally mark his surface boundaries on the ground; so that all local rules, regula- tions and customs of miners and all State and territorial law on the location of mining claims shall be abolished; and so that, whilo Iiberal provision ehall be made for the protec- tion of the locator who holds and works his claim in good faith, the law concerning annual assessment work shall most effectually check the present injurious practice of holding claims year after year without practical development. The committee also reported concerning the work of securing additional legisla- tion and appropriations for the aid of the Yuba River restraining barriers. The Legislature had appropriated $150,000, one-half of the remaining $300,000 that was asked for. It remained for Congress to appropriate $150,000, the State having com- pleted its share of the work as suggested in the recommendation of the California Debris Commission. The committee re- ported: One of the most Important pleces of work for this convention will be to take all due care that in the remaining legislation to be passed by Congress upofi this subject there shall be no deviation by a halr's breadth from the original purpose of this scheme of legislation, or from the understanding under which this scheme of legislation has had the approval of the Cali- fornla State Miners' Association. For what- ever purpose, or upon whatever foundation fn- timations have been fluttering in the alr of late that there might be an attempt made in tho coming session of Congress, in the bill appro- priating the remaining $150,000 to incorporate some proviso or clause which would nullity the - g0od faith upon which all previous appropria- tlons have received our support, and it will be therefore, for this association by the means of a committee, or in some other practical way, to see to it that in the bill passed by the coming Congress there shall be no rider and no varlation of the phraseology, or’of the terms In which the appropriation is made, necessary, Debris Act Discussed. The committee also paid attention to the lJaw on the statute book for the pro- tection of minority stockholders in min- | ing corporations. This law was discussed | at length. The committee found it to be | cumbersome and of no further use; there- fore its repeal was urged. Oil corpora- tions complained that the law hampered their free action. The instructions of the preceding convention to the committee were to have the constitutionality of the California Debris Commission act tested. | The committee reviewed that act at | length, going back to the North Bloom- | field decision. The committee reported that the min- ers who have availed themselves of the terms of the act have complied with the onerous terms imposed and have in every such instance gone before .the commis- sion. The Anti-Debris Assoclation, on the other hand, when they have com- plained of mines working injuriously un- | der permit, do not go before the same tri- | bunal to ask for a revocation or modifi- | cation of the permit, as they can do at | any time, but have of late been going into the Superior courts of California, asking for injunctions. The Red Dog hydraulic mine has already been closed down by injunction from the Su- perior Court ot Sutter County; the Polar Star mine is closed down under a temporary re- strainins order from the same court, and sults have been begun or are threatened agalnst many other mines operating under the juris- diction of the commission. Such action, continued the committee, on the part of the Anti-Debris Assoctation, challenges the constitutionality of the act and discloses their purpose of getting the miner to submit to that jurisdiction without submitting to it themselves. The question of the constitutional- ity of the act, as a protection to the mines, has never been passed upon. The committee recommended as follows | concerning the case to be brought to test | the act: For the purpose of any miner who desires to take his chances under the act the test of the constitutional question should be made in some case brought against a company or person oper- ating under a duly obtained permit from the commission, and mot In any case against a company or person not operating under such a permit. Not only is that true, but the test +* MVE ToILKA HS PERISHED I CAPTIVITY Reported Death of the Companion of Ab- ducted Missionary. o Miss Stone Said to Have Been Captured at Instigation of the Sultan. Searchers for the Missing Women Now Propose to Penetrate to the Retreat of the Band of Brigands. Special Dispatch to The Cali. SOFIA, Bulgaria, Oct. 22.—It is reported that Madame Tsilka, the companion of Miss Ellen M. Stone, the American mis- sionary captured by brigands, died re- cently in captivity. VIENNA, Oct. was captured,” says the correspondent of the 2.—“Miss Stone Neueste Wiener Journal, “not by briz- ands, but by a detachment of Turkish cavalry, at the instigation of the Sul- tan.” CONSTANTINOPLE, Oct’ 22.—Should no news be received during the next for- ty-eight hours from the missionaries who are seeking the captors of Miss Ellen Stone and her companion, Madame Tsilka, more missionaries will be sent to assist in locating the brigand band. It is un- derstood that the missionaries have been waiting at places in the vicinity of where the brigands are supposed to be, expect- Ing to receive a communication from them. It is proposed now that a search party shall be organized to penetrate to the brizands’ retreat. LONDON, Oct. 23.—*It is reported from Sofla,” says the Vienna correspondent of the Daily Mail, “that United States Con- sul General Dickinson received intelli- gence from shepherds that Miss Stone was seen at Jakoouda, on Turkish terr- tory, about two hours’ journey from the Bulgzarian frontier.” SUSPECTS DIE UNDER TORTURE. | Turkish and Bulgarian Troops Are Active on the Frontier. LONDON, Oct. 23.—The Morning Leader publishes the following communication, dated Saturday, October 19, from Sofla: “On the frontier, near Grossbelovo yes- terday five fugitives from Banista, Mace- donia—among them a brother of Mme. Tsilka, Miss Stone’s companion—were shot dead by Turkish frontier guards while endeavoring to cross into Bulgarian territory. “United States Consul General Dickin- son, believing that they were members of the American mission church, has de- manded an officlal inquiry. Great brutal- | ity exists in the district between Bapista and the frontier. Turkish officials have arrested over 100 persons of Bulgarian nationality and subjected them to torture in order to wring from them information as to Miss Stone’s whereabou Several of them dfed under the torture. “The Bulgarian authorities, likewise worried over the affair, are continually arresting fugitives from Macedonia, and this causes bad blood."”” | BULLER HAS LEFT THE ARMY OF BRITAIN Indiscreet Speechio; the General tae Immediate Cause of His Dismissal. LONDON, Oct. 22.—The War Office an- nounces that after a consideration of all the circumstances of General Buller's speech of October 10 and the explanations thereof furnished by General Buller, he has been relleved of his command and placed on half pay. The King has op- proved the appointment of General French to succeed Buller as commander of the First Army Corps, the appointment to become effective when French's ser- vices are no longer required in South Af- rica. Pending his return, General Hild- yard will assume command. General Buller's supercession was not unexpected, but the manner of it has caused a sensation. It is understood that the Government endeavored to break the fall by giving him the option of resigning, ‘but that Buller declined to give way. The morning papers all express sympathy for the unfortunate ending of a brilliant career, but they are unanimous that no other course was open after his indiscreet speech, and they express the greatest ap- proval of the selection of General French to succeed him. The Dally Chronicle and the Daily News attack the Government for weakness and lack of courage in ever appointing Gen- eral Buller to the command of an army corps. The Times, confirming the report that General Buller preferred dismissal to resignation, expresses astonishment at would have to be made In a case where a | farmer attacks the constitutionality of the act | on the ground that some constitutional right of | his is being abridged by the miner, working | under the permit of the commission, or by the | State of California contending that some of | its constitutional rights are being abridged hy! the act of a miner operating under 'a duly ob- | tained permit from the commission. No other | test will be of any avall; no obiter dictum of | any court in considering the act from any other | point of view or in any other controversy, other than either of the two above set forth, will at Continued on Page Three, his “amazing defects of judgment and sense of military discipline,” and says it hopes the change is the beginning of an era of real army reform. Wild Excitement in Gold Fields. PUEBLO, Colo., Oct. 22—A special courler to the Star Journal brings news of wild excitement over a gold ery at Beulah, thirty-eight miles west of this city. Five hundred claims have been located in the past twenty-four hours. A ledge of free milling gold returns nearly $2000 a ton. Pueblo people are rushing to the place. discov-