The San Francisco Call. Newspaper, November 12, 1901, Page 6

THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER 12, 1901. NOVEMBER 12, 1901 JOHN D. SPRECKELS, Proprietor. e e s Agdress All Commeunieations to W. 5. LEAKE, Maaager. MANAGER’S OFFICE. . Telephone Press 204 arket and Third, S. F, 20 PUBLICATION OFFICE. . Telephone . EDITORIAL ROO . 17 to 221 Stevenson St. Telephone Press 202. Delivered by Carriers, 15 Cents Per Week. Single Copies, 5 Cents. Terms by Mail, Including Postage: DAILY, CALL (including Sunday). DAILY CALL ncluding Sunday), DAILY CALL (including Sunday), 3 months. . 3.0 . 150 DAILY CALL~By gle Month. 65c SUNDAY CALL, One Year. WEEKLY CALL, One Year. All postmasters are authorized to receive subscriptions. Sample cophes will be forwarded when requested. Mail subscribers in orde change of address should be particuler to give both NEW AND OLD ADDRESS in order to insure a prompt and correct compliance with thelr request. OAKLAND OFFICE. C. GEORGE KROGNESS. Manager Foreign Advertising, Marguette Building, Chisage. (Long Distance Telephone *‘Central 2619.”) ++2+.1118 Broadway NEW YORK CORRESPONDENT: C.C.CARLTON......cvvvvverees..Herald Squane NEW YORK REPRESENTATIVE: STEPHEN B. SMITH........30 Tribune Bullding NEW YORK NEWS STANDS: dort-Astoria Hotel; A. Brentano, 31 Union Square; Hill Hotel CHICAGO NEWS STANDS: ; P. O. News Co.; Great Northern Hotel; Auditorium Hotel. Sherman Hous Fremont House; WASHINGTON (D. C.) OFFICE....J7408 G St., N. W. MORTON E. CRANE, Correspondent. BRANCH OFFICES—: Montgomery, corner of Clay, open until 9:30 o'clock. 300 Hayes, open until 9:30 o'clock. 633 McAllister, open until 9:30 o'clock. 615 Larkin, open until 9:30 o'clock. 1941 Mission, open until 10 o'clock. 2261 Market, corner Sixteenth, open until § o’'clock. 109 Valencia, open until § o'clock. 106 Eleventh, open until 9 o'clock. NW. corner Twenty-second and Kentucky, open until 9 o'clock. 2200 Fillmore, open until § p. m. -_— AMUSEMENTS. California—*"Shore Acres.” Tivoli e Belle of New York.” al—"‘Lights o' London.” Grand Opera-house—*“The Huguenots.” Alcazar—"For Fair Virginia.” Columbla—""The First Duchess of Marlborough." Orpheum—Vaudeville. Chutes, Zoo and Theater—Vaudeville every afternoon and evening Fischer's—Vaudeville. Oakland Racetrack—Races to-day. AUCTION SALES. , at 745 p. m., Thorcughbred Horses, Wagons, etc., at 1140 Fol- Doyle—We: and h s y, at 11 o'clock, Horses eet. hursday, at 11 o'clock, Horses, at 1106 INDIAN FARMERS. OVERNOR MURPHY of Arizona has ended that the reservation Indians of Territory be taught farming and to contribute to their own support by that ad of subsisting in idleness on Govern- ons. This is a very practical and proper uggestion. The policy pursued toward the reserva- b ns by the Government has been very un- ted to have their dogs that connect them with e they have not*been taught any occu- ich they could go forward toward civiliza- d been tau how to keep sheep and roduction to agriculture and the arts recom in- y have been p lin thei bave been natural have their ponies, when the Gov- h enough for their blood ng. It is natural as long as If shown how to supply feeding stock and shearing for supposing that they will ponies should be replaced by plow low mules and big-footed horses, the farm but useless on the warpath. Noth- 1 o more to e and make them self-sup- ng as th ernment ration is mot ri they mount and go they know no other w food by sheep, there is no not adopt it. The teams composed useful on raising crops, reaso ing w orting. e graduates of the variou: Indian schools who have learned the arts will have use for their knowledge when they At present there is nothing for these graduates to do except get into a blanket and gee string, walk pigeon toed, look through their eyebrows and feed at the Government table. The money spent in training them is thrown ay. But re 1 to their people. if their wild brothers are taught to use ing hook and plow they will return to the reservations to apply th knowledge, use their edu- ng their red brethren. The Indian problem is to be with us for many a year to come, and it is time that we studied its solu- tion in the light of humanity and progress. In his natural state the Indian lived by the chase, with a littie gambling and robbery on the side. We cut off his hunting, give him but little to bet on games, and the p cation and assist in Civi leave him to raiding and robbery as the sole sur- | vivors of his natural condition, and kill him when he does either. The Na Moquis and some other old tribes in New Mexico and Arizona understand some of the arts. They keep flocks and herds, weave fabr make pottery and work in metals. They are usually peaceable Indians and a very interesting peo- ple. Their further advancement is easy if their an- cient mysteries and rituals are left undisturbed. They have done for themselves what the Government ought to help the wilder tribes to do. If white men skilled in knowledge of the Indian character were enlisted in the work and apt Indians.were encouraged by preferment, within two generations the tribes now wild, caged, sullen and helpless might be transformed into self-supporting and measurably civilized people. B S, It comes too late to do any good on this side of the continent, but nevertheless it is worth noting that Colonel Bryan in the issue of the Commoner just before the election advised his readers not to bet on the result. It will be seen that the prophet has quit predicting. According to reports from London, Lord Roberts, not content with retiring from command in South Africa, would like to retire from the army altogether and take a rest; and it may be safely said there are a good many other British officers who have the same tired fegling. : Chauncey Depew is reported to have said that New York is the city by which foreigners judge America, and if it be so we can understand why our foreign critics never show avy evidence of knowing any- thing about America. If Governor Murphy's policy is carried out | [l | | labor | necessitics. Whatever evil is abroad in this issue THE PRESIDENT ON TRUSTS. HILE much of the detail given may be W erroneous, there is no reason for believing that President Roosevelt has changed his position on the trust issue. As Governor of New York he did all that a Governor may do to enforce that publicity in trust affairs which should be re- quired of all corporations that have stocks listed for investment by the public. During his candidacy for the Vice Presidency last year he called attention. to this record and reaffirmed his position. The anti-trust press and politicians, and by anti- trust we mean those that have used the issue solely for party advantage, have so widely advertised an overdrawn estimate of the power and profits of trusts as to make it easy for reckless promoters to victimize the investing public. The enormous aggregate of capitalizations last year, stupendous as it was, hardly satisfied the craving for trust stocks, and, as we then said, was likely to lay the foundation for a stock panic. President Roosevelt is no amateur in business laws and logic. He is not a rich man, nor a speculator, and has been content to live largely upon the gener- ous income furnished by his pen. But he knows thoroughly the ins andgputs of stock speculation and the difference between the intrinsic and speculative values of stocks. The law protects the people against wildcat insurance, and should equally guard them against commercial paper that is’ without value to justify its price. : As long as promoters can sell stocks that represent value only to a small percentage of their par, so long the inflation of paper property will continue. Upon this inflation is built a structure of credit ready to tumble at the first sign of a panic. The limitation of this possibility by the President’s plan for a law that will guarantee the public against fraud and inform investors who buy industrial stocks will be a curb bit in the mouth of speculation. Con- currently with this policy, it is understood that the President favors any legislation that will protect also the industrial organization of labor. This is of as much importance as the trust legislation. When cor- porations, responsible under their charfer, and indi- vidual employers responsible in their property, be- come parties to an industrial contenfion with labor’ organized under no special statute, State or Federal, labor is ut a disadvantage by reason of the uncertainty as to its legal responsibility. Let it have the same position and advantage as a corporation, and a great change will come over the situation. Then instead of violence there will be negotiation, and instead of restraint of trade by destructive strikes there will be orderly settlement on the lines of law and mutual responsibility. As far as it is disclosed in his record and expres- sions the policy of President Roosevelt in these two particulars is just now of major importance to the country. A rightepus law rigidly enforced that will | leave the energy of combined capital unimpaired, and | at the same time improve the morals of that artificial person, the corporation, which represents the com- ‘bination, will mean the acceleration rather than the check of industrial development and progress, and the putting of labor organizations on a legal equality with organizations of capital will combine the in- terests of the two so that their differences will be | adjustable by agreement or by judicial intervention, and our industrial progress will be free of hindrance by strikes. It is to be expected that the ‘minority in Congress will oppose these Presidential recommendations. The leaders of that minority do not desire the correction of any evils that may appear in the trust organiza- tions, nor do they desire anything that will give to legal responsibility commensurate with its serves as capital for the minority, and therefore it op- poses any wise legislation that will abridge its politi- cal capital. If the trusts are curbed properly and their industrial energy left unimpaired, our conquest of the world’s commerce will be unchecked and our domestic prosperity will continue. None of these | results are agreeable to the partisanship and the political ambition of the minority leaders, so we may expect that the President’s position will be attacked and his policy denounced for its insufficiency by the minority which was confessed by its recent candi- date for Governor of Massachusetts to be without hope while the country is prosperous. e e . Once more the British are to make a long pull, a strong pull and a pull all together in South Africa. Their object now is to close up the struggle promptly so that the royal heralds may proclaim peace through- ; out the empire at the time of the coronation of King A PROBLEM IN CRIME. Edward. RIME is incessantly presenting new problems ‘ to the student of human naturel About as soon. as moralists agree upon 2 theory to ac- count for the criminal impulse, there breaks forth upon the world a new series of crimes which cannot be accounted for by that theory. Recently the teach- ings of Lombroso and Nordau have about persuaded the world that crime is the result of degeneration and | that the criminal type is marked by certain physical characteristics which distinguish it from the normal type. The theory is plausible, but it does not fit the facts. At the present time the police authorities in Massa- chusetts and in Illinois are engaged in dealing with kindred crimes which cannot be explained on the ground of degeneration, and yet are in their nature seemingly so willful and unprovoked as to be ap- palling. The Massachusetts case is that of a professional nurse, a young woman of good breeding and training and of excellent habits so far as is known, but who is suspected of having poisoned no less than eleven patients whom she was called in to nurse. In the Tllinois case two professional nurses at'a State asylum for the insane are charged with the murder of two women patients in the asylum whom they were em- ployed to look after. In the Illinois case it is stated the nurses did not mean to kill the patients, but merely wished to make them so weak that they would be removed from that ward to another, and thus the nurses would be relieved of thescare of them. In the Massachusetts case no reasonable theory has been advanced to account for the killing of any one of the eleven persons whom the nurse is suspected of killing, and not until further evidence is forth- coming can it be safe to make even a guess. Here, then, are three young women sufficiently nor- mal in body and mind to become accredited profes- sional nurses and to find employment in State institu- tions and in families of well-to-do patients attended by reputable physicians. Yet these women, for what seems to be no more than a mere caprice, put the pa- tient to death. It seems that when they get tired of nursing a particular patient they do not put them- selves to the trouble of resigning the work or sub- ject themselves to the discredit of aba_ndoning the case, but they quietly kill the patient and then get a new one. - 3 It will be remembered that many persons stp- posed that Czolgosz was a degenerate, that he was physically and’ mentally abnormal; but the theory was refuted by the investigations of the three special- ists who made a careful study of him. In their re- port they say: “He is not a case of paranoia, because he has no systematized delusions reverting to self, and because he is in exceptionally good condition and has an unbroken record of good health. His capacity for labor has always been good and equal to that of his fellows. These facts all tend to prove that the man has an unimpaired mind. * * * He is not to be classed as a degenerate, because we do not find the stigmata of degeneration; his skull is symmetrical; his ears do not protrude, nor are they of abnormal size, and his palate is not highly arched. Psychically he has not a history of cruelty or of perverted tastes and habits. He is thg product of anarchy, sane and responsible.” The crime of Czolgosz, then, is to be attributed directly and exclusively to anarchy, but what of the crimes of the three professional nurses? It is a new conundrum for the criminologist. While some of our cities are troubled by a pést of sparrows, it is reported that Vienna is so overrun by pigeons the municipal government has offered re- wards for their capture and the destruction of their eggs. The captured birds are to be killed and dis- tributed among the poor, so for a while, at least, pigeon pie in Vienna will be cheaper than beans. I—I in his report for the fiscal year ending June ® 30, 1901, makes an exhaustive statement of the defects of the pension laws and of the oppor- tunities they offer for the commission of fraud by unscrupulous persons. In the report many specific instances of fraud are cited as typical of the various methods used by sharpers in taking advantage of the liberality of the Government in providing for the soldiers of the republic and their families. The number of pensioners on the rolls at the close of the fiscal year under review was 997,735, being over 4000 in excess of any previous year. This includes for the war of the revolution 9 pensioners; for the war of 1812, 1528; Indian wars, 4565; Mexican war, 15,677; civil war invalids, 735,789; civil war widows, 234,563; Spanish war invalids, 3555; Spanish war widows, 2049. The total appropriations for the Pen- sion Bureau for the year were $144,000,000. Of that sum there was paid out in pensions $138,531,483, the remainder being employed in the maintenance and operation of the Bureau. As an illustration of the activity of some pension attorneys in hunting up pension cases and urging any one who has a shadow of a claim to apply for a pension, the Commissioner points out that notwith- standing the brevity of our war with Spain, “the num- ber of claims filed for pensions as a result of disa- bilities incurred in the service in line of duty from April 21, 1808, to June 30, 1901, was 45,710, and since that date many claims have been filed as the result of the muster out of troops at San Francisco during the month of ]une, 1901.” The Commissioner adds: “Only a little over three years have passed since hos- tilities began, and yet claims amounting in number to about 20 per cent of the number of men enlisted for the Spanish war have already been filed.” Commenting upon these claims the Commissioner says: “I am not prepared to believe titat those en- yaged in the war with Spain, many of them sons of veterans of the civil war, were less patriotic than their ancestors, or that they are more covetous; but in my opinion it is the fault of the system of pensioning, with its active army of attorneys, solicitors and drum- mers, practically employed and licensed by the Gov- ernment to solicit and secure applications for pen- sions, with the promise of $25 for each claim that is secured and allowed. No blame or criticism should be attached to the soldiers, as they are importuned and persuaded that it is their duty to file claims whether disabled or not.” There are now 19,092 attorneys entitled to prac- tice before the Pension Bureau, an increase of 776 since last year. The feces paid to attorneys during the year out of first payfhents to pensioners amounted to $520,245, being an increase of $73,868 over the pre- vious year. There are now pending 403,569 claims for pensions. % After citing numerous cases of downright fraud practiced to obtain pensions and frequently to rob the pensioner, the Commissioner says: “No argu- ment is needed to show that the expenditure of such vast sums of the people’s money should rest upon a system’ containing more of the’ elements of protec- tion to the Government than can be found in the methods now in force in settling pension claims. The fault is not with the soldier claimant or his widow, but the system devised for ascertaining their rights is so faulty that it offers a most inviting field for the enterprising and adventurous claim agent or attorney. It holds out an inducement to those that may be persuaded to file false claims or fraudulent evidence in support of valid ones. In fact, the system aids aud encourages fraudulent practices of various sorts. It is not to be wondered at that the Government is con- stantly being imposed upon. When attention is called to the defects which are responsible for these con- ditions, a mighty howl goes up in certain quarters. These conditions are not new. They have existed ever since the war, and able and conscientious Com- missioners, members of both of the great political parties, have in their annual reports strongly pro- tested against them.” j PENSIONS AND FRAUDS. CLAY EVANS, Commissioner of Pensions, There is a movement in Chicago to organize an art association of 500,000 persons, each of whom is to contribute $2 a year, making annually a fund of $1,000,000 to be employed in erecting statues, monu- ments and memorials and in purchasing pictures for the public art galleries. The idea is a big one, but it remains to be seen whether the movement can be made strong enough to carry it. It is announced that all the European nations are highly gratified by the results of the French method- of dealing with the Stltan and forcing him to come to time, so that when the French warships leave the Levant we may expect the Sultan to wake up some morning and perceive that there are others. If Miss Stone should escape from the Bulgarian bandits she could easily recoup the $100,000 paid for her ransom by taking to the lecture stage with an account of missionary life in the East or how it feels to an old maid to be run away with. It is said this is going to be one of the greatest seasons on record for book publishing, but it is a safe bet the greatness will lie in the quantity and not the quality. JUDGE NOYES VEHEMENTLY DENIES A : ALL CHARGES MADE AGAINST HIM McLaughlin Pilots Witness From Time McKer)zie Was Ap pointed Receiver Until His Arrest, but Questions Develop Little but Opinion of ‘Witness That He Is Not LD Guilty — JUDGE ARTHUR H. NOYES, SKETCHED FROM LIFE BY A CALL ARTIST AS HE WAS GIVING TESTIMONY | — IN HIS OWN BEHALF YESTERDAY MORNING AND AFTERNOON DURING THE CONTEMPT PROCEED- | INGS NOW IN PROGRESS BEFORE COMMISSIONER HEACOCK. e UDGE NOYES grew hoarse yester- day from saying “That’s not true” or “It’s false.” He was on the Wit- ness stand morning and afternoon #&nd a half hours of testifying he uttered enough general and specific denials to fill two records. Judge McLaughlin turned the wheel of questions. Judge Noyes stood the strain in good fashion. His answers were ready, brusque and positive. To save time the amlcus curiae interposed no objections, and all day long the steady current of question and answer went on. McLaugh- lin followed out the chronological se- for direct examination, and In five | quence of events at first and then took| up the individual evidence which goes to show the contempt. He has not yet fin- ished. . Here is a bit of Judge Noyes' testi- mony: Nome was a mining camp shut In {rom the world from the first of November to the last day of February. Marshal Vawter once said: “Winter once in Alaska and everybody will hate you."” So it was I know there was a great deal of talk, but I chose to ignore it. There was the kindliest feeling of every citizen in Nome toward me until news came in from the outside. I was asked to joln the Arctic Brothernood. 1 was entertained by the Knights Templar. Soon after the arrival of the opin- ion in_the McKenzie case and papers contain- ing adverse comments on my conduct public disfavor Zrew. The reported conversations between Judge Noyes and Judge Johnson and Judge Noyes and Marshal Vawter gave the witness opportunities for strong de- nial. He said: Some parts of the conversation with Judge Johnson are true. When the opinion in the McKenzle cage arrived I was sore. 1 called his attention to certain features of that opin- fon. I always regarded Johnson as my friend. That statement which goes to the dictatorship of the Circult Court of Appeals was uttered, but it was in the tone of one wotnded and hurt rather than in anger. I do remember say- ing that I was condemned without being heard. 1 talked considerably. As to Vawter, Judge Noyes character- ized him as a ‘‘parrot, who should be taught reasonable stories.” It was Vaw- ter who told about Noyes’ and the “‘sand- lotter” charges against the Circuit Court. McKenzie as Receiver. The examination of Judge Noyes by Attorney McLaughlin was continued at 9:30 o'clock. After a statement concern- ing the hcguamuneuhlp with R. N. Ste- vens and J. K. Woods the recelverships issued on July 23 came into play. The witness sald: 3 Mr. Hume came to the hotel on that day with a bundle of papers. ‘He sald the matter was_very urgent. 1 told him that I was going to St. Michael. He said it was an important matter, g0 I went to my chambers, where he read the complaint and ‘aflidavits in the cases and told me that tHey had been put off for a year, that the defendants were working night and ‘day to exhaust the claims and he asked me to appoint a receiver. ander McKenzie and w He_thought $6000 in until 1 suggested Alex- then talked of bonds the ‘five cases would be return from St.' Michael. Matthews and McKenzie, in regard to the re- ceiverships and sald he would be glad to ac- cept. :Hume came in_course of half an hour with the papers and I called the atten- tion of to two were marked to I never had any talk with Hume about the orders and I did not go into Woods' room. Changing of Orders. In regard to the changing of orders Judge Noyes said that he wanted matters to proceed peacefully, and that is why he agreed to Metson's suggestion. He said: The second order was made under a mistake. I am not seeking to Justify it. Mr. Metson came to the office under éxcitement. I do not think he imentioned that the personal property was worth $160,000, or that he pleaded that I should not use drastic methods. Mr. Metson s a quick tempered man as well as a brave one. I don’t think I told him to go to McKenzle. The witness then testified that he or- dered a re-argsument on the matters sub- mitted on July 24. This lasted several days and took place after Judge Noyes' return from St.“Michael. On August 17 an order was filed overruling the motion. Then came the motions in all the cases | for an appeal and an application for a supersedeas bond. This motion was de- nied in all the cases. Subsequently a bill nflgxcepllons was prepared. The witness sald: I requested Reed to see that the records should be complete, and they were got out with all directness, and if there was a delay it was without my knowledge or suspicion. This testimony is in contradiction to Borchsenius’ statement. The affidavit of Hume, which was sworn to before John T. Reid, was the subject of the next line of questions. Noyes said that he never advised or directed Hume to make any affidavit. “Was it ever your understanding that defendants had the right, in the event of McKenzie's refusal to turn over the g;)l:i dust, to use force to take possession of it?” “I never aid.” . ‘Writs and Arrests. “Did you think that if McKenzie shoulq take the gold away the-Marshal should intercede?” “I certainly did.” “Or that if the defendants attempted to break the bank?” “Yes, sir.” “Did you instruct Captain to issue any executive order?” 4ol don't rememher any such instric- on." The witness then told of Knight's visit. He said: He called upon me on the evening of Septém- ber 14 and requested me to sign an order Qi recting McKenzie to turn over the gold dust in accordance with the writs. I am sure it is & mistake on Knight's part in regard to my have ng seen McKenzie on September M. I told him I could issue no order further than what was required by the Circuit Court of Appeals: that I was now without authority, as the court saw fit to act directly and not through me, ““Was your attention directed to thée amendment allowing appeal in receivere ship or in -xixumenn;:” trey **No, si never ew time afte 1t N, e The examination took a jump a stage to the date of the arrest o? uéx’é‘: zie, on October 15. “Word was sent me,"” sald Judge Noyes, “that I should stop at Ty's office on my way to the court- house. I stepped in. and a writ of habeas ml‘t!u submitted, but I refused to “Did you see McKenzi that day?” continued the mmlneer. . f &3 i the writ,” re- re refusing N “Have you any recollection of being in French not es,- befo: sponded the witness. y — the office more than once on that day?” “I may have stopped there also on my way to or from lunch. I know that the papers were presented and that I refusel to sign the writ.” g “If you had ‘carned that McKenzle was arrested, and although you had net been requested to call upon him, would youa have done so?” “I most csrtainlg ‘would.” On October 10 Judge Noyes issued an order restraining McKenzle from deposit- ing the gold, but allowed the operation of the mine. “Did you at any time advise McKenzie or his attorneys'mot to turn over the gold dust?” asked McLaughlin. “I did not. I told McKenzie "that I should comply with the orders of the court above. He asked me what he should do | about it, and I told him I had no advice to | give him; that he should see his attor- neys.” General and Specific Denials. Judge McLaughlin finished the chrono- Jogical interrogation at this point. He then went back to fill in with contradic- tions of Hume's testimony. Noyes denied all knowledge of McKenzie's connection with Hume in regard to the partnership interest in the firm of Hubbard, Beeman & Hume. The reprimand of Hume in court by the Judge was gone over, and the lat- ter denied that McKenzie had ever spoken to him about it. or that he had met Hume after its occurrence and _apologized. Hume's testimony as to the change of at- torneys proving a change of opinion from the Judge was taken up piecemeal and re- verse statements made in every particu- ar. ate your relations with Mr. Wheel- e requested McLaughlin. And then the irrepressible Archie Wheeler entered the case again. Hand in hand Archie Wheeler, stenographer, typewriter and Judge Noyes Wwent from Minneapolis to Nome. WH Frost came upon the scene he rec mended the Department of Justice to low Judge Noyes a private secretary with a salary. This allowance was made, and Wheeler continued as Noyes’ private Secretary until he left on the Roanoke in October. ““Mr. Metson says one reason of his ani- mosity against me Is that Wheeler went out to make affidavits against him,” de- fé"-"d the witness. “I know no reason for At 1] o'clock the attorneys of the case went before the Circuit Court of Appeals. On ‘Wednesday a repert must be made as to the time when the examination will be concluded. ————— ‘Walnut ane Pecan Panoebe. Townsend. * Cholce candies. Tonwsend's, Palace Hotel* Cal. Glace Frutt 50c per Ib at Townsend's * business h and pubiic RS (e ouses by tha Press Clipping Bureau un..-.m ne- gomery street. 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