The San Francisco Call. Newspaper, October 14, 1902, Page 1

all, AT + VOLUME XCII-NO. 136 FRANCISCO, TUESDAY, OCTOBER 14, 1902. PRICE FIVE CENTS. UREAT COAL STRIKE IS SETTLED; OPERATORS AGREE TO . . AR Sooatiin Lis )BITRATION ASHINGTON, Oct. 13.—The anthracite coal operators ‘have agreed to the appointment of a commission, to be appointed by the President of the United States, to whom shall be referred all questions at issue between the companies and their own employes, whether they belong to a union or not, and the dectsion of the commission shall be accepted by t}e offerators. The commission is to consist of.an army or navy engineers’ officer, an expert mining engineer not connected 1 with the coal mining properties, one of the Judges of ihe United States courts of the Eastern districts of Pennsyl | with the physical and commercial features of the business. The operators also make a part of the proposition -that the m | commission us to name a date when its findings shall be effective and to govern conditions of employment betwecw the com i DITATOR CASTRD IN LIST DITCH Venezuelan Forces Sustain Heavy Losses. Repulsed While Try- ing to Reoccupy Coro. Schooner With Sixty Men on Board Is Also Sunk by the Rebels. TAD, Island of Curacda, Oct. Gov- at- he Venezuelan ised while Coro (capital ained occupy Ie and er with si n), men s fought at Goyabo, from Caracas, Saturday. The force was rists have almost rcled Caracas. tish —cruiserindefatigable ar- Guaira Sunday. Other Brit- £ ow. The United s a has returned to cao. predicted for this nt engagement began i near La Victoria bLe- commanded of Venezuela, num- with fifteen guns, and forces, commanded by Mendoza, with twenty-tw> two hours’ march sound of fierce can- Gomez left pecial train with amount of ammuni- t Castro. Pre STRIFE IN TWO REPUBLICS. Rebels Make Headway in Hayti and | Santo Domingo. HAYTIEN 13.—General Governor of 1 Govern- . Dajabon, Sa- army urday at Mount ncial Governmernt's was sunk men t the gunboat's crew ouvelie v the t ports. maintain- | tage which they recently ating General Nord, th= ent commander, 1 have taken place es cruiser Cin y morning for St. M AN DOMINGO, Oct. 13.—A former Goy- med Navarro has revolted and rssession of Monte Christi, on the f Santo Doming near the The Government is tak- t measures to restore order. in skirmishes then. The atl left here nce FRANCE COMMUNICATES HER DESIRE TO sruu,. onstruction of Two Railroads Through the Pyrenees Is Now Likely to Be Completed. MADRID, Oct. 14.—It is said here that ¥ e has communicated her desire to Srain to carry out the convention of 1852 for the comstruction of two rallroads rough the Pyrenees, one to run from »esa, Spain, to Ororon, France, and ¢ other from Lerida, Spain, 'to St rons, France. These roads have not been completed the present time because of the ob- ctions of the Spanish and French r Offices. s understood that the railroad com- panies on both sides of the frontier are to continue the lines up to the tun- the French and Spanish govern- s are willing. There is every pros- that the lines will now be com- This news is regarded as of great fxr tance from the political standpoint of the approachment of the two coun- tics. efeated, losing 112 | com- | this | by | Peraloza and | has taken | a risings have | Vouidrege | GENERAL “JIM” SMITH WILL SUCCEED MOSES |Former Leader of Cal ifornia’s Fighting First Is Placed on Philippine Commission: e |1 | ASHINGTON, Oct. 3-Gex- | eral James F. Smith of Call- fornia has been appointed a member of the . Philippine commission to succeed Ber- | nard Moses, who is to rellrei 1 | January 1. | General Smith filled the important of- fice of collector of customs for the Philip- pine Islands, where he showed marked | administrative ability. He resigned to| | accept his present position as Associate | | Justice of the Supreme Court of the Phil- | ippine Islands. | Judge Smith is a prominent Catholic. | It ‘will be recalled that he accompanied | | Governor Taft on his recent visit to the | —— | Vatican, in Rome, returning with Gov-| , -4 i . > ernor Taft to resume his duties on the || 5 Supreme Bench. He was a lawver of, | RETIRING PHILIPPINE COM- prominence in San Francisco. He is much | MISSIONER AND' HIS SUC- respected by the Filipinos and a great | CESSOR | believer in their future under proper ed- | ucational and industrial opportunities | F—% T ol which will be under charge of the com- | mission of which he will be a member. Professor Moses will return to the Uni- versity of California at Berkeley to re-| sume the position he gave up to go to the Philippines. CATHOLIC ON COMMISSION. | Reason Why Smith’s Appointment ‘Will Be Popular. CALL BUREAU, W06 G STREET, W., WASHINGTON, D. C., Oct. 13.— Agitation of the friar land question and claims of certain Catholics in this coun- try that members of their faith were vic- tims of discrimination in the Philippines | bave largely influenced the appointment ol James F. Smith to the Philippine Com- mission. Judge Smith was colonel of the First California Volunteers in the Spanish War. Later he became brigadier general and Military Governor of Negros, Collector of | Customs of the Philippines, and will re- ‘inquish the post of Assistant Justice of the Supreme Court of the Philippines to CARRIES A WASHBOARD MADE OF PURE GOLD Rich Klondiker's Wife Has a Sou- venir That Reminds Her of For- mer Struggles. i SEATTLE, Oct. 13.—Eight years ago | Mrs. L. J. Horn of Los Angeles was tak- | ing in washing to help her husband along |in nis search for Kiondike gold. Now | she is in Seattle with a washboard and bar of soap made of pure gold as a sou- | vemir of her contribution to the labor {which finally made her a very wealthy | woman. Mr. and Mrs. Horn have pur- {chased an orange ranch near Los An- | geles and are now on their way thither. | In 1896 Mrs. Horn and her husband went to Skagway, where she took in washing !to help pay for Horn's “grubstake.” Ha !got a claim in the Kiondike which has | turned out to be a bonanza. The last few lyesrs Mrs. Horn has spent with ber’ hus- band at the mines, - take his position as a member of the American mission which conducted nego- tiations for the sale of the Philippine friar lands at the Vatican. He will be the only Catholic on the commission, to | which he is considered a valuable addi- tion, and will have charge of the depart- ment of education and industry. To the problem of education and future indus- trial conditions in the_ archipelago he has given great study. His appointment is an evidence of the administration’s desire to avoid even the appearance of discrim- ination against any religious faith. The important question of religious in- structions in the schools will come more cirectly under Judge Smith than any cther member of the commission. This was one of the stumbling blocks in the way of success of the friar land negotia- tions. The American mission held firm- 'y that there should be no sectarian re- ligious instruction in any public educa- tlonal institutions. Judge Smith’s suc- cessor as an assistant member of the Su- preme Court of the Philippines has not yet been announced. JUDGE IN KENTUCKY IS SHOT FROM AMBUSH Attempted Assassination Is Believed to Have Been the Qutcome of a Political Fight. BEATTYVILLE, Ky., Oct. 13.~Judge Allen Hyden, County Judge of Owsley County, was shot from ambush about daylight this morning. Judge Hyden first made the race for the nomination on the regular Republican ticket and was de- feated. He then ran in the regular elec- tion on the fusion ticket, and the election resulted in a contest, which was recently decidgd by the Court of Appeals in fayor of Hyden and the fusion ticket. During the conténtion there was much bitter feeling, and fears were entertalned of trouble, Deputy Sheriff Wilson of Owe- ley County reached here to-day and tele- graphed for bloodhounds. The Judge was skot once in: the back and his broken by & ‘second bullet, " - hip was Presiderit to Select the Board. Morgan Car- . ries Terms toCapital. Miners Will Return to Work. Special Dispatch to The Call. CALL BUREAU, 1406 G STREET. N. W., WASHINGTON, Oct. 13—From the little room now used as the executive of- fice in the temporary White House there has come word of th‘c end of the great anthracite coal strike. After a two hours’ conference ending at midnight to-night between President Roosevelt, Secretary of War Root, J. Plerpont Morgan and Robert 8. Bacon, | one of his partners, that which will bring about such a result was agreed upon. Morgan came to Washington at the in- stance of the operators. “He told the President the operators would submit to arbitration by a commissioh appointed by | the President. Morgan told the President that he had come to see him at the sug- gestion of the coal operators and that they were willing to submit the contro- versy to a commission to b! appointed by the President. i 2 This virtually brings the.guestion-| to the first. White House conference. The operators recede from their position and accept arbitration by a Presidential com- mission. As this was the original proposition of Mitchell in behalf of the strikers they will accept, and the strike is at an end. So far as known, only the four gentle- men named—the President, Secretary Root, and Morgan and Bacon—were pres- ent. WHISKED TO THE CAPITAL. After the discussion had lasted some time, Secretary Cortelyou was summoned, presumably to take some directions or to reduce some matter to writing. While newspaper bulletins announcing that Morgan had left New York for a confer- ence in Philadelphia were still wet, Mor- gan and Bacon arrived in Washington. The financier had gone to Philadelphia, but there the private car of George F. Baer of the Reading road was awaiting him and the two were whisked to the cap- ital. George W. Perkins ‘of Morgan's firm had returned to Philadelphia from Washington. It is reported here that Baer's special with steam up in its loco- motive is standing at Phiadelphia station ready to bring him here if his presence is desired. The first knowledge of their arrival came when they appeared at the Arling- ton Hotel. Morgan was vehement in his refusals to discuss the object of his visit and was shown at once to a room. No cne, so far as could be learned, visited him there and it was less than half an hour later when he and Bacon came down gtairs and jumping into a cab were driven quickly to the temporary home of the President. They were expected. Secre- tary Root had arrived half an hour be- fcre them, and there was no delay in their being shown to the Presidential apart- ument. Morgan and Bacon arrived by a -special train on the Baltimore and Ohio ghortly before 10 o'clock, and were driven at once to the Arlington Hotel. They were shown to their rooms at once. Mor- gan was asked if he had been summoned to see the President. He replied: 6 “I have nothing to say.” AT THE CONFERENCE. After going upstairs they were at once Jjoined by Secretary Root, then all three walked over to the temporary White House. Secretary Root hastened up the steps. Just before entering Morgan hesitated a2 moment, then took his hat and fol- lowed Secretary Root into the outer hall. Bacon was the last to enter. All three were shown at once to the President's room on the second floor and cordial greetings were exchanged. The conference broke up at ten thin- utes before midnight. Secretary Root and Morgan and Bacon left the White House and went to the Metropolitan Club, a few blocks away. None of them would say anything, ex- cept to refer all inquiries to Cortelyou, by whom they said a statement would be given out later. — Secretary Root was asked the direct quéstion if a settlement of the strike had been ' reached, but declined to answer. Morgan likewise was appealed to with the direct question, but responded pleas- antly that anything that was to be said would have to come from the gentlemen in the White House. Tke conference lasted just one hour and a half. Not one word came from the conference room while it was in session, -_— Continued on Page 2, Column 3, COMMISSION REPORTS MEASURE . ;'d man of prominence as a sociologist, and a man who by active participation in mining and selling coal is familiar “shall return to work as soon as the commission is constituted and cease all interference with non-union men. The — +OF GREAT IMPORT TO THE STATE Chief Justice, Government Expert and the Heads of Universities Submit Their Conclusions Concerning lIrrigation. LIwoen Nraw - IRRIGATION - F. ARIGAIOF - ZXPERT WIELIER, SRESIDENT UNIVERSITY 0F CALIFORNIA ) ! CHIEF JUSTIC W I BEATTY. + | o+ SOME DISTINGUISHED MEN WHO HAVE LABORED TO CODIFY THE STATE IRRIGATION LAWS. BENJAMIN KO | s REPORT and bill of great pub- Hc interest have just been prepared by a commission appointed by the California Water and Forest Assocla- tlon for the purpose. Origin- ally the commission was headed by Chief Justice Beatty. Some questions having arisen concerning the constitutionality of certain provisions finally included in the bill proposed for the consideration of the Legislature, the Chief Justice, as he may have te sit judiclally to consider them, refrains from making any recommenda- tions. He has worked, however, with the commission in studying the Iimportant questions of how best to utilize the waters of California so that the greatest degree of benefit to the public may’ be Insured. Included in the commission are ex-Jus- tice John D. Works, President Benjamin Idc Wheeler of the University of Califor- nia, President David Starr Jordan of Stanford University, Frank H. Short of Fresno, Professor C. D. Marx of the en- gineering department of Stanford Univer- sity, Professor Frank Soule of the en- gineering department of the University of California, Elwood Mead, irrigation ex- pert of the United States Department.of Agriculture, and H. Newell, hydrographer ot the United States Geological Survey. The general scope of the measure pro- posed may be deduced from the state- ments of the commission. The bill is in- tended to serve the following leading purposes: LEADING FURPOSES. A declaration of ownership In the State of the flowing waters in Its streams subject to vested rishts. The definition of riparian rights and the Iim- itation of such right to beneficlal and needed uses of water. - The means by which water may be appropri- ated. 3 The fixing of rates and compensation for wa- ter supplied to the public. 1 The abolishment of the office of Commis- sioner of Public Works and the Auditing Board to the Commissioner of Public Works and the substitution thereof af a Board of Engineers, of which the Governor is made a member ex- fAicio. O Vesting 1n said Board of Engineers ail of the powers of the offices abolished and all powers necessary to carry out the provisions and ob- Jects of this act. Providine a svstem of administration ana — control of the distribution and use of water in order to insure its proper and fullest beneficial use and prevent its fllegal use and waste. Authorizing the State, at any time, to ac- quire, by agreement or condemnation, any and all water and water rights. 3 Protecting tbe Federal Government in the proposed storave and distribution of flood wa- ters. In this very comprehensive programme the commission admits that there are dif- ficulties. The fixed purpose of the com- mission, so reads .the report, “has been from the beginning of its labors to pro- pose such legislation as will make it pos- sible to develop and apply to beneficial uses all. the flowing waters of the State, and at the same time to protect all pre- viously acquired and existing rights, ‘whether such rights are the result of the ownership of riparian lands or of appro- priation, either by the actual diversion and beneficlal use of the water only or by complying with the present laws pro- viding for such appropriation, but in each and every case to limit such use to the needed and beneficial use of the water.” Concerning the accomplishment of- the nine purposes enumerated in the. forego- ing, the commission says that every item of the proposed bill has been weighed and discussed, and the results of its labors are submitted for the purpose of alding the Legislature, which will deal with the ‘whole subject as it may deem proper and for the best interests of the State. STATE OWNERSHIP. In epitomizing the proposed law the commission says that as to the declara- tion ‘of ownership in the State it has heretofore been assumed or taken for granted that the flowing waters of the State are owned by the State, and legls- lation authorizing the appropriation of water and regulating its diversion and use has proceeded evidently upon that theory. In some of the States such own- ership has been declared by the constitu- tion. It was thought best not to leave this to mere assumption in the future, but to so declare in terms. In respect to riparian rights, so called, the commission proposes certain sections limiting the right of a riparian owner to the water needed and necessary for use on his land and preventing him from re- sorting to a writ of injunction to prevent some one else.from putting.the water to a beneficial use when he is not using it and does not need it. The commission was confronted by a question whether the Legislature cam, legally, without viclating the constitution of the State, or of the United States, thus limit the right of a ripartan owner to the necessary beneficial use of the water and prevent him from standing in the way of the beneficial use of it by cthers, merely that it may flow past his land unused. That it is of supreme im- portance to the State that this should be donme, if it can be done legally, the com= nuission was unanimously agreed. On the question whether the Legislature has the power to do it or not, the commission was divided. One member of the commission held that no defirition of riparian righ should be attempted and that the shculd neither undertake to define what are riparian rights or riparian uses, for the reason that these matters are now settled, and legislation is pre- cluded by reason of the S Court of the State having passed upon the ques~ tions_involved and the same being ad- judications of rights and property are not svbject to legislative modification; ond that such legislation, if In accord with the decisions, is not needed; and, if centrary thereto, it would be unconstitue tional and volid. “While these provisions might be held to be unconstitutional and eliminated from the act,” said ome Commissioner, “without destroying the other portion thereof, such provision would put In Jjeopardy the constitutionality of the em~ tire act.” The same Commissioner also doubted the expediency of other details of the act, but, with this exception, as to the main provisions the commission was unanimous in favorably reporting the bill. RIPARIAN RIGHTS. Concerning the riparian owner’s rights the commission argues at some length. The majority maintained that no sube stantial or beneficial right would be In- vaded by the proposed legislation; that, on the contrary, the full right to the beneficial use of the water is preserved to the riparian owner, and that no con- stitutional right existed to prevent the beneficial use of others merely that tie water might flow past oreover his land, ete. The very interesting nature of the dis- cussion on this point makes it advisable to publish herewith the sections which allude to riparian rights. They are, in 1ull, as follows: The waters of all streams in this State, _— Continued on Page 2, Column & .