The San Francisco Call. Newspaper, November 18, 1902, Page 4

THE SAN FRANCISCO CALL, TUESDAY, NOVEMBER '1.8, 1902. EXTRA SESSION OF THE SENWTE Governor Dole Calls Ha; waiian Lawmakers Together. They Will Pass Amendments tc Cover the Cases of Delinquent Officials, HONOLULU, Dole Nov. 1L-Governor all for an extra sessi on the 20t be of t gly Rep lican. Th legislators s of public offi- | cials who d of embez- ziements and other misconduct and the eppointment of successors. It is held that the Governor has not the power wnder the law remove & pu official or sus- pend d to nt be made in ons made in Dole's ry of the Interior. The officlals whose removals for cause ‘will be sent to the Senate are James H Boyd, Superintendent of Public Worl end Herbert C. Austin, Auditor General, mccused of neglect and misconduct in of- fice. Treasur am H. Wright, hav. ing absco sidered already out office. Appoint ts of successors will made in all re- of ses w York, with Admiral on board, arrived here month, and the battle- arrivéd yesterday. The New York came from Yokohama and made the trip in 10 days 2 hou The Oregon slo steamed ten day from San Both vessels will remain here ebout two wee Owing to the failure to dredge Honolulu harber, the Oregon was not able to enter, but anchored off the channel, where coal is being sent to Francisco in her. omplete returns from the nd of Ha- wali change the election ult there by substitutinig the name of Senator J. D. Paris, a mber of the last Legislature, L. Desba, who was reported elected. Paris wins over single vote. As both are Re- the general result is mot g of three or four thousand 12 on Hawaii has been offered under have been re- milies in Da- ration to Ha- six families are said w Boyd will re tracts for Hawali, where in of engage m Governor m the office o Public Works, and who for embezzlement, to- t Heary E. Cooper, ced in charge, to secure f the office. He claims that Gov r i d no legal power to re- move him. The special session. of- the Senate will dispose of the matter before the courts decide it, but there are three months’ sal involved. message received here ‘this rning from the island of Hawaii states zat the voleano Kilauea has broken -out the most violent eruption for the past Particulars have been sent ve not been received yet. The ccurred last night. s shown mild intermittent ac- since the outbreak of St ever Railroad Official Is Promoted. . Nov. 17.—The vacancy nation of General on of the Union c Railroad has been practically filled the announcement to-day that David Lincoln has been appointed to the posi- tion of car service agent. E. Bucking- ham, whe bas ment. in connection with his position as superintendent of transportation, has tak- en charge of the office and most of the routine of the position formerly held by Dickinson and in the future will discharge most of the duties of that office, although he will not at present assume the title of general manager of the system. et ¢ Trial Is Adjourned Sine Die. NEW YORK, Nov. 17.—The hearing in the case of Morse and others against the Montana Ore Purchasing Company, which was set for to-day, has been ad- journed sine die. At every date set for & hearing the referee met with an agree- ment between the lawyers for a further adjournment. Klein, the referee, said to- y the proceedings had not been aban- d. to come before the| ted em- | power is one of | dairy had charge of the depart- | GERMANY WINS A BI6 VICTORY King Oscar Adopts Her Views in Samoan Arbitration. Decides Against Contentions of Great Britain and : America. { i ASHINGTON, Nov. 17.—By previous ment between the principals there -as to-day published simultaneously in ashington, London and Berlin the full | ext of the deeision given by his Majesty trles named of certain claims ing to military operations conducted in | Samoa In the vear 18%9. ‘The decision fs long and abounds in whereases and con- clusions and {n substance it has been an- ounced heretofore in the cable dispatches from Stockholm. The preceding publica- tion, however, did not convey to the offi- cials here a full realization of the com- | plete vietory won by Germany in th | arbitration, for It appears that on every single point the arbitrator adopted the| most extreme German view in opposition to Great Britain and the United States. The arbitration grew out of clatms by Germans or British subjects or American citizens for compensation on account of losses they alleged they had suffered in consequence of unwarranted military ac- tion on the part of German, British or American officers in Samoa between the 1st of January, 1899, and the 13th of May following. The question really at issue as whether or not the British and the | United States governments should be con- | sidered responsible for the losses. | The arbitrator recited that the United States ship Philadelphia and the British steamers Porpoise and Royalist, on March 15, 1899, opened fire across the town of Apia, Samoa, directing the /same against the forces of High Chief Mataafa; he same vessels brought the newiy ted King of Samoa, Malietca, and his forces to Mulinuu Point and supplied | them with arms and ammunition for the | ensuing struggle against Mataafa. In | to the . British and American that under the treaty of Berlin of the signatory powers was authorized to enforce the decision of the Chief Justice of Samoa, declaring | Malietoa King, the arbitrator says: | NOT AUTHORIZED TO ACT. We have found nothing in the said eral act or any subsequent agreement wuthorizes one of the signatory powers or a majority of them to take tion to enforce the conditions of the act or to make the decisions of the Chief 1 binding on the powers.” that the British-American action *“had the character of a control over the Samoan Islands e government thereof,” which was T bited by article 1 of the general act. | e arbitrator insists that the Berlin| onference aimed to establish a princi- e that in their dealings with Samoa the powers could proceed only by common accord, and that, as the consular rep- resentatives of the three powers by proc- lamation had recognized the. provisional | rument of Mataafa, the powers | Ives were bound on.principles of tional good faith to maintain the tuation until by ecommon accord they de- ed to change it. The action of the ritish-American authorities “tending to overthrow the provisional government, thereby established,” it is held, ‘‘was | | contrary to the aforesaid obligation and | cannot be justified.” Touching the British-American com- | plaint against the German Consul for his refusal to sustain the decision of the Chief Justice, the arbitrator holds that | “it cannot be considered to have been | the duty of the German Consul to take part in the issuance of said proclamation, and it has rot been proved that with re- gard to said decision any steps were taken by him contrary to the general act and therefore no responsibility attaches for the attitude taken by him in this re- | sp | RESPONSIBLE FOR LOSSES. | The arbitrator meets the British-Amer- ican contention that their military attion was warranted because necessary for the | protection of lives and property which | it was their duty to safeguard, by the | flat statement that e have found noth- ing in the evidence before us to show | that the general condition of affairs was | such as to render the military action necessary for the protection of lives and property,” and then goes on to show that Mataafa never intended to cross the bay at that time and make an.attack on the consulates, and on account of the state of the tide could not possibly have done s0sat that time. Continuing, the decision recites that Malietoa had been completely defeated before the arrival of the Philadelphia, but that the United States admiral and the British authorities brought back his warriors and armed and provisioned them, giving them ammunition, which under the treaty should have been issued only at the unanimous request of the three Consuls. The decision concludes as follows: That the military action in question, namely, the bringing back of the Malietoans and the g#stribution to them of arms and ammunition, the bombardment, the miltary operations on sbore and the stoppage of the ‘street traffic cannot be considered as hav n - war- | that, therefore, his Britannic | Majesty’s Government and the United States Government are responsible under the conven- tion of the 7th of November, 1899, for loss caused by sald military action, while re. serving for a future decision the question as to the extent to which the two governments, or | each of them, may be considered responsible for such losses. | answer aims any one ¥ SUPREME COURT SUSTAINS VERDICT OF CONVICTION | Decides That the Trial of Homer Bird for Murder Was Legally Conducted. WASHINGTON, Nov: 17.—The United States Supreme Court to-day in an opin- ion by Justice McKenna affirmed the de- cision of the lower court in the case of Homer Bird against the United States, { coming to the court on a writ of error from the District Court of Alaska, by which court Bird was convicted of mur- der. The murder occurred during the Rlondike excitement in 1898. Bird, a con- tractor of New Orleans, was on his way tc that section with a party, when he quarreled with some members of- his party and killed two of them. The case has had two hearings in the Supreme Court. The first hearing resulted in the ordering of a new trial. That trial re- sulted in a conviction and the case was against brought to the Supreme Court, with the resuit that this time the deci- sion was against the accused. The case involved the question whether the trial of the case under the act of 1884 was reg- ujar and the court held that it was so. TR e, . Increase in Confederate Pensions. CHARLESTON, 8. C,, Nov. 17.-The re- port of Controller General Durham, just published, gives the total paid out this vear in Confederate pensions as $200,227. The total number of pensions is 7750. Eighty-seven veterans collectively. - re- ceived $1899 in lieu of artificial limbs. The increase in 4he number of pension Brows yearly and if this condition contifiues. the appropriation will furnish a pittance much smaller than that now received. | CALIFORNIA MINERS CONVENE TO PROI’IOTE GR'EAT INDUSTRY Programme of Exercises | s Includes Addresses on Various Topics That Have Live Interest for Dglegates, and an Invitation Is Accepted to See Hearst Mining Building Cornerstone Placed \ CWIL SERVICE | Work in Alaska Are Abandoned. TCOL GEORGE" A" WALLIS \LOOKED UP STATISTICK HARRY SYOWR : R ERisen arm E3 PRE SIDED N / JUOGE NILES SEAR €J INSISTED TMAT THE MINERS ATTEAND THE VNIVERSITY N a guntn RESIDENT VOORHEIS called the eleventh annual convention of the California Miners’ As- sociation to order yesterday forenoon in Golden Gate Hall. { Throughout the day the miners counseled together. Last evening the committee on resolutfons appointed by the convention met and prepared a statement of matters which need consideration. That report probably will be presented when the con- vention assembles at 10 o'clock this fore- noon. Yesterday there were notable addresses upon topics of general interest and also of technical value, the latter being princi- pally interesting to the miners. Presi- dent Voorhels submitted his annual re- port. President Benjamin Ide Wheeler of the University of California delivered an address which took so well that he was rewarded during its delivery with cries of “good!” and “bully!” from the stalwart miners. 5 Congressman Gillette was called upon to speak and thanked the miners of the First Congressional District for their sup- port at the recent election and promised to look after their interests in Congress to the best of his ability. At the forenoon session Judge Niles Searls, who will probably be the next president of the California Miners’ Asso- clation, moved, and the convention so voted, to take @ recess at noon to-day to permit the delegates and officers of the convention to attend the laying of the cornerstone of the Hearst memorial min- ing building at the University of Califor- nia this afternoon, in accordance with an invitation extended by President Wheeler. Committees on resolutions and creden- tials were appointed. The latter approved of the actlon of the executive committee in giving to all members of the California Assoclation in good standing the full priv- ileges of the floor of the convention. The committee also reported in favor of simi- lar recognition of all delegates appointed by boards of trade and kindred bodies. The convention adopted the report. President Voorheis introduced Acting Mayor Brandenstein at the morning ses- sion to extend welcome to the visiting delegates. The acting Mayor gave the glad hand in behalf of San Francisco and in the absence of the Governor, for the State of California, in good style. Mr. Brandenstein said: ‘MINERS ARE WELCOMED. I am not here to make a formal address but to welcome the miners of California to San Francisco. fortuitous clrcumstances hay- ing temporarily placed me in the position of representing the Mayor. I am sorry that the overnor is not here. ‘In his absence I also welcome you for the State of California. We 8reet you not as visitors but as the members of our family. San Francisco owes to the miners of California much and gladly ac- krowledges the debt. - As a citizen of San Francisco and a native son I congratulate you upon your organization; I congratulate you upon the wisdom of your institution. In or- ganization 1s power to affect beneficlal leglsla- tion. There was much more of the address, but the foregoing gives the spirit of the welcome extended. The acting Mayor spoke strongly about the advantages which scientific training by universities confers upon those who are engaged in developing the mining industry. Letters of regret at inability to be pres- ent from Governor-elect Pardee and Sen- ators Perkins and Bard were read by Secretary Benjamin. 1In his letter Gov- ernor-elect Pardee wrote that indisposi- tion and threatening weather alone pre- vented him from being In attendance. “‘Miners,” he wrote, ‘‘gave to California its first fame.- The mining industry is of the greatest value to the State.” The committees appointed by the chalr are as follows§ On- credentiale—J, C. Denny, B. Treg- 3. loan, Thomas Clark, W. H, McClintock, Major J. 8. McBride, . On resolutions—C. M, Belshaw, J, H,_ Neff, W. C. Relston, H. Picket, 'Niles Searls, Willlam Nichols Jr., George Standart, Dana Harmon, A, D. Foote, W. T. Engeibrecht, Edward Coleman, J. N. C. Maxwell, Norris English, George Wallls,) W. H, Hammon end H, Z. Osl President Voorheis delivered his annual address at\the opening of the afternoon session. He congratulated the miners and made a word picture of the future of the State which was established by mining, saying that California will be- come the greatest manufacturing ang commercial State in the Union. He sald in part: Look at our vast stores of cil, ‘mountains of timber, building stone, iron, copper, gold and silver—in fact, nearly all of the minerals that nd plo- neers and carry on the work laid out for us by the hardy forty-niners who only came here to dig a fortune out of the earth and then return to their hames to enjoy the rematnder of their days. If they could return in fifty vears from now and see California, the greatest State In the Union, with thousands of ships coming and going ‘through the Golden Gate, railroacs run- ning from one end of the State to the other, ifactorfes of -all kinds located over the State, ! storage reservairs bullt all through the hills and mountalns to take care of the flood waters in the winter and to be used for irrigation in the summer, the mountain streams gall har- nessed to electric generators, thus easily dis- tributing cheap power ‘to the factories and farms, then, indeed, they could well be proud that the¢ laid the foundations for this vast empire. SOLID WORK DONE. President Voorheis spoke of the agency of the California Miners' Association in securing the passage by Congress of the Caminetti act authorizing hydraulic min- ing under certain restrictions. Since that act was passed, he sald, more than 461 permits have been issued to mine and employment to several thousand persons Las resulted, while muclr gold has been added to the circulating medium of the world. Many would have remained idle but for the passage of the act. The as- soclation was to be congratulated upon the good work it did through delegations sent to Washington to aid the California Congressfonal delegation in getting favor- able action. President Voorheis also referred to the work of the association to secure re- stralning barriers in the principal streams of California and to the actual beginning of work on the barriers in the Yuba Riv- er, which will cost $800,000. Once more he advocated the creation of a national Department of Mines and Min- ing; pledged the association to the sup- port of the storage and conservatton of the flood waters of the State with the aid of the National Government; compli- mented State Mineralogist Aubury for his work in the State Mining Bureau, and also commended the officers of the Cali- fornia Miners' Association, and especially the secretary, for the performance of thelr duties. Some of the paragraphs from the re- port are as follows: The good work being done each year by the State Mining Bureau deserves much com- mendation from this association, and I trust the association will pass some resolution recom- mending that some law be passed for its per- manent support, go that friends of the bureau will not have to go every two years to the Legislature and beg for money for its main- tenance and support. Lewis E. Aubury, the State Mineralogist, is doing good work for the burcau and the miners of the State. The mineral production of the United States is reaching such vast proportions that it is only a matter of a short time when the Gov- ernment of the United States will be bound to recognize our claims and give us a specfal department of miners and mining, with a Cab- inet officer at its head. If we could induce the Representatives from other States where min- ing is carried on extensively, whether it be gold, silver, copper, coal, iron, petroleum or any other mineral substance taken {rom the earth, to join with us and ask this recognition, T think Wwe would be successful in having a depart- ment of mines and mining established. The Petroleum Miners' Association have par- ticipated in our deliberations during the past two years, and at the last annual convention Dr. T. C.'Deane tead a very interesting paper on petroleum and its production in this State. His predictions are fast coming true, and pe- troleum is now being used for fuel purposes a: fast as the facilities of the railroad companfes can deliver it. Through the mining section, where the cost of transportation will admit of it, ofl for fuel bas supplanted wood and coal néarly altogether, and we predict a great fu- ture for the oil industry of California. ‘Fhe officers of this association have been untiring in their efforts to secure the pas- sage through Congress of what is known as the mineral lands bill. Al of our Representatives in Congress have worked faithfully and hard for this bill, but so far we have faled to secure its passage! We will keep up the good work and try, if possible, to overcome the objections to the bill. If we fail to do that, then we must try to pass it in spite of the opposition. There Is much work for the association to do in the way of legislation and to_complete the work already under way, and I hope every member in attendance will use his best efforts to ald the officers of this assoclation In car- rying on the ood work. . This report went to the committee on resolutions. A paper on machine drilling by com- pressed air was read by Harry Stowe. Dr. C. T. Deane, of the California Miners' Association, read a paper on the oil flelds of California, in which were several very interesting statements. Dr. ‘Deane found that there are 2500 produc- ing oil wells in California, which are in fourteen districts. The production of pe- troleum in California was 4,000,000 barrels in 1900; 8,000,000 barrels in 1901; would be 12,000,000 barrels in 1902 and probably 20,- 000,000 barrels in 1903. ‘By 1905 the total petroleum output of the State would amount annually to 50,000,000 barrels. Superintendent Van der Ropp of Selby’s PRE3 € ('VOORMELS s building the Philippine Departmients. WASHINGTON, Nov. 17.—The annual report of A. N. Serven, chiet examiner of ‘f the .Civil Service Commission, shows that during the last flscal year there were 60,638 people examined In and for the clas- sified service, of whom 40,609 passed and 12,298 were appointed, promoted or trans- | ferred. In adition, 1174 persons were ex- | {amined tor the Philipping service, of | | whom 480 passed and 634 fafled. The lo-| cal boards of examiners especially desig- pated for the custodian service were dis- | continued. On June 30 last the total num- ber of local boards of examiners was 1128, with a total membership of 3723. Final| steps are now being taken to consummate the complete organization of a civil ser- vice district similar to the Boston district, | with headquarters at San Francisco, In { immediate charge of a consolidated board of commissioners. The written examinations required the | preparation of 433 sets of examination| { questions on different subjects, which necessitated the preparation of 1851 sep- | arate sheets of tests: A commission has leld competitive examinations in every | State and Territory except Alaska. Sev- eral attempts at examination work in Alaska have been made, but abandoned. Another effort, however, may be made soon. Facilitles have been furnished to residents of Hawail to compete in the general and local Civil Service examina- tions ip Honolulu and Hilo and residents of Porto Rico hereafter may take the general and local examinations at Ponce and San Juan. Much attention has been given during the year to the upbuilding of the service in the Philippine Islands. R VAN Df ROPP .. YORD MOW IT'S DONE (AT SELBYJ. WOOD PULP CONTROVERSY NOT A GOVERNMENT AFFAIR Uncle Sam Does Not Propose to Enter | Into a Tariff War With Canada. i WASHINGTON, Nov. 17.—The rumor referred to in the Toronto dispatches 0(1 | yesterday to the effect that a proposition | {1s afoot to levy a duty of $4 per thou- | sana_upon Canadian-sawed timber must { have found its origin from the threats of American paper mill owners, because it | is stated positively here that the Wash- | ington Government has given the subject | no consideration so far. This Government | does /ot propose to enter into a war of wWAY N wHI(r THEY | tariff retaliation with Canada without a @OT ouT AN\;‘”DU(,' i better understanding than it now has of FOR £ | the issues involved in this'wood pulp con- M., | troversy. If the Canadlan action in respect to wood pulp had taken the form of a pro- | hibition of the importation into Canada |of wood pulp from (the United States, | i then the President might, without refer- ences to charges and under authority of | the discrimination act of August 30, 189, ! have proceeded to retaliate on Canada by | prenibiting or limiting fmports from that | country. But in this case Canada, or | rather two of the Caznadlan provinces, | | SUNERSFQR THE adopted the novel expedient ‘of protecting their. own paper mills by laying an em- bargo on the export from Canada of | Canadian wood pulp to be made into pa- in American mills. This aetion, it is | , does not appear to warrant the in- vocation of the powers conferred in the discrimination act, and if anything is to be done in the direction of retaliation, re- ccurse must be had to Congress. pe PROMINENT MINERS AS THEY | | APPEARED TO A CALL CAR- | | TOONIST. | | 3 Z <o read a paper on the use of crude oil in smelting. WHEELER LAUDS MINERS. The applause of the aftérnoon session went Jargely to President Benjamin Ide Wheeler of the University of -California | for his address. He ranged from the ben- P £, s 2 | efits of the College of Mines at Berkeley | WASHINGTON, Nov. 17.—Postoffice %0 the glories of football. The recent |name changed: Washington—Dragoon, victory of Berkeley at football over Stan- | Spokane County, to Colbert. Postmasters ford® was still ‘fresh ‘In his -mind. He | commissioned: ~California—Cuthbert W. saiar | West, Placentia. Washington—William H Football makes men. It is based on co- | vicot+ Plac > operation and that is the business of life. The | Colbert, Colbert. Fourth-class postmas-l idea is to get strong, husky men for the world's | ters appointed: California—Emanuel E. | Touthall sluyers from the ranks of ihe mines. [¥ice: Dav ._Ronk, resigned: John E. and ‘the Tootball men ‘make some of the best | Joes, Round Valley. Inyo County, vice miners. Football is worth while, even at the | Mary B. Horton, resigned. "’; °fk;"‘ “CC‘“‘S““"“: 5“’:‘";" 3‘"‘“”- & Free delivery serviceD will be established | resident Wheeler ha, e sympathy | at San Rafael, Cal., December 1. of the conventlon when he spoke.of the | Thesc pensions were granted to-day: | work of the mining def:jflrtme“f at Be{ke- | Californta—Original—Abram N. Garrison, | ley. He sald that graduates of the Uni-| Camarillo, $6; Thomas McMannis, Chico, | versity of California were operating the $6. Ircrease, reissue, etc.—Curtis S. Gar- mine§ in South Africa and they were | ricon, Sawteile, $10; Lorenzo Gorman, Los | prominent in all parts of the world as| inceles, $10. 'Widows, minors and de- | | OF INTEREST TO PEOPLE OF THE PACIFIC COAST Several Changes Are Made in the Postal Service and More Pensions Granted. miners: There was a demand for the | jengent’ relatives—Lydania S. Howard, services of all mining graduates. The|(Qgkianq; $i2; Christena Smith, Los An- | existence of the Statc University was | pojee 'Ofekun—Original-Beajamin ¥ largely due to the California miners who built the State. Incidentally President ‘Wheeler said that there'is a good oppor- tunity for men of money to benefit the State by alding the State University. There was no way’ to compute the vast good that might be accomplished. The good work that Mrs. Phoebe Hearst has performed for the State Universidy was acknowledged. The mining building that is to be erected in memory of Sen- ator Hearst, said President Wheeler, will be the finest in the world. A warm tribute of appreciation was paid to Pro- fessor Christy and a description of the mining course at -Berkeley was given and also a description of the mining building of which the cornerstone will be laid to-day. While the convention was having its recess yesterday, the trustees of ‘the State Mining Bureau met. State‘Mineral- :ogist Aubury was present to meet charges that Mr. Hyde, who was formerlys the secretary of the bureau, might make. Some days ago Mr. Hyde published a statement in a morning paper making some allegations. State Mineralogist Au- bury requested the trustees to meet and | Daverport, Willard, $6. Army order: The leave of absence granted to Major Thomas Cruse, quar- termaster, Department of California, is extended one month. MOTHER DROWNS HERSELF AND BABY IN THE MISSOURI Leavea Her Hat and an Explanatory Note on the River Bank. LEAVENWORTH, Kans., Nov. 17.—In the Missouri River near here a woman's | straw hat with the following note has | been found: %o Whoever Finds This: Pleass take the clothes to Journal office and they will send it to 445 North Twenty-sixth street, Lincoln, Nebr. This is to mark the place where I, Mrs. Al Sechrist, and baby have gone to rest in the | deep Missourl. The woman's family lises in Lincoln. The hat was identified by a restaurant keeper in this city, who says its owner | ate several meals at his place last week. master General. | HEALING SGa00L BOARD REPORTS -3GORES A POINT AttemptsatExamination |Supreme Court| Decides Adversely to tostal Authorities. Much Attention Given to Up-|Holds That Mail Alldressed to the Institution Must Be Delivered. WASHINGTON, Nov. 17.—Justice Peck- ham of the United States Suprepe Court to-day delivered an opinion In the case of the American School of Magnetic Heal- ing vs. J. M. McAnuity, the lattér being Postmaster at Nevada, Mo., where the sehool is located. The proceedings grew out of the fraud order isued by the Post- office Department prohibiting the| Post- master from delivering mail addressed to the school. The original bill asked for an injunction to prohibit the Postmaster from obeying this order. On trial fa the United States Circuit Court for the West- ern District of Missouri, the department’s order was sustained on a demurrer. To- day’s opinion reverses that judgment, but in delivering it Justice Peckham said there was no Intention of passing upon the various constitutional objections set out in the bill, the intention of the court being to “simply hold that the admitted facts show no violation of the statutes cited, but an erroneous order given by the Postmaster General to the defendant, which the courts have the power to grant relief against.” The action of the court was accompa- nied by instructions to the lower court to “overrule the defendant’s demurrer to the amended bill, with leave to answer and to grant a temporary injunction as ap- plied for by complainants.” The opinion added: “In overruling the demurrer we do not mean to preclude the defendant from showing on the trial, if he can, that the business of the com- plainants as in fact conducted amounts te a violation of the statutes.” Justices White and McKenna did not concur in the opinion. In reviewing the case, Justice Peckham quoted the plea of the magnetic school that one human mind may control anoth- er in treating disease, and sald: One person may believe it of greater efficacy (han ahether, but surely it cannot be sald it s !a fraud for one person to contend that the mind has an effect upon the body and its phy- sical condition, greater than even a vast ma- jority of intelligent people might be willing to admit or believe. Even intelligent people may and do differ among themselves as to ti extent of this mental effect. Because the col plainants might or did claim to be able to ef | fect cures by reason of werking upon and af- | fecting the mental powers of the individual and directing them toward the accomplishment of a cure of the disease under which he might be suffering, who can say that it is a fraud or false pretense or promise within the meaning of the statutes? How can any one lay down the limit and say beyond that are frauds and false pretenses? ‘The claims of ability to cure may be wvast- Iy greater than most men would -be ready to admit, and yet those who might deny the exist- ence of virtue of the remedy would only differ in opinion from those who assert it. There is no exact standard or absoluts truth by which %0 prove the assertion faise and a fraud. Suppose a person should assert that by the use of electrici alone he could treat diseases as efficaciously as the same heretofore have been treated by “‘regular” physicians. Would these stautes ustify the Postmaster General, upon evidence satisfactory, to adjudge such claim to be without foundation and to pro- nounce the on so claiming to be gullty of procuring by false or fraudulent pretenses the moneys of people sending him money through the mails and then to prohibit the de- livery of any letters to him? The opinion says that many people do not believe in vaccination and in homeo- pathy, and asks whether on this account vaccination is to be prohibited, and whether homeopathic physicians are sub- Ject to be proceeded against by the Post- Justice Peckham con- cludes that the statutes under which the Postmaster Gerneral proceeded in this case “‘were not intended to cover any case of what the Postmaster General might think to be false opinions, but only cases of actual fraud in fact, in regard to which opinions form no basis.” KANSAS CITY, Nov. 17.—The business doneeby Professor Weltmer at Nevada, Mo., before the Government Interfered amounted to $500,000 a year, and causel | the Nevada postoffice to be raised from the fourth to the first class. All of the | letters received contained money. Judge Philipps in the District Court in Kansas City made the point that so much mail required all the attention of the healers and left no time for suggestion and con- centration of thought on the sufferings i their correspondents. In April, 1901, Weltmer and his partner, Joseph H. Kelly, were fined $1500 for using the mails fraudulently. | Bolivian Army Prepares to Advance. LA PAZ,"Bolivia, Nov. 17.—Preparations are being made for the advance of the army of about 3000 men to be commanded by President Pando, which is to operate against the Brazilian revolutionists in the Acre Territory. Auxiliary forces will be gathered in the Beni and Madre de Dios districts along the route. It is now ex- pected that the expedition will be able to start before the end of the present year. ADVERTISEMENTS. Heart Beat So Violently, , Its Movement Could Be Seen Through Clothing. Dr. Miles’ Heart Cure Cured Me. to make an investigation concerning the charges, The trustees declined yesterday to take any cognizance of statements Hyde has published. The convention will resume its deliber- ations at 10 o’clock to-day. COLLECTING PRODUCTS FOR THE CITRUS FAIR Sacramento Valley Development As- sociation’s Display in San sco. COLUSA, Nov. 17.—F. E. Wright, secre- tary of the Sacramento Valley Develop- ment Assoclation, will commence to-mor- row to. gather products for a display at the citrus fair to be held In San Fran- cisco commencing on November 24, ‘Wright will comence shipping on Satur- day. The Ladies’ Improvement Club will send flowers and plants from here every other day during the fair. The following counties belonging to the assoclation will have exhibits: Shasta, Tehama, Glenn, Yuba, Butte, Placer, Sacramento and Co- lusa. BAKERSFIELD, Nov. 17.—The Kern County Board of Trade to-night decided to make an exhibit at the citrus fruit fair in San Francisco at a cost of $300. B. L. Brundage, secretary of the board, will be in charge. The display will occu- Py a space 10x40 and the chief featyre will be an incline built of oranges with the word “Kern” across the face, with letters made of mountain apples. _ - It is belleved that Mrs. Sechrist is the wife of Frank Sechrist, who was killed by Dr. Zorn at Kansas City three months No matter what's the matter with your heart, it will pay you to try Dr. Miles’ Heart ago in a dispute over a board bill. The ure. It is a at heart and blood tonic river is being drapped. that cures by reSving the cause. Try it for Mrs. Sechrist was supposed to have| ashorttime and ill find that you are u will ?; 1‘nngcr sho:lte:l’;nnh after at you can D in an i foflu:ndl without fifg xm -olhmd ing t remoyes t cures tlx; disease. It smfiem ’ hgart's action, enriches the blood and improves the T Tt ' s e i ail t it relief when death seemed nigh. o “Since hkin(! a number of bottles of Dr. Miles' Heart Cure during the past year my health is better than formuz years. Ino lonfir experience any trouble lying on my leit side, which di symptoms used to botherme greatly. The fre it spells of palpitation and fluttering that I was at that time subject to weumnstd_amu:f. At times my heart would beat so violen K that the movement was noticeable throug! my clothing. Doctors said my heart was enlarged and I had frequent severe shooting fmn;thmughmd‘mzhgx ion of my heart. g3 started for Kansas City to testify in the Zorn case, which was set for to-day. The killing of Sechrist by Zorn. was a sensa- tional affair and Mrs. Sechrist was the State’s principal witness. MINISTERS OF ILLINOIS TO ‘DISCUSS LOCAL OPTION Pastors Throughout the State Are Asked to Aid the Anti-Saloon League. SPRINGFIELD, Jll,, Nov. 17.—The Min- isterial Association of this cify has sent a letter to similar organizations and pas- tors, throughout the State calling upon them to set aside some Sunday soon after the convening of the Legislature for the discussion of local option as a prineiple of self-government, and the proposed lo- cal option bill as a rallying point and the brief exertion; with com- Miles' Heart Cure a great medi- first Step in a sustained movement .g':jigl;'m'i':‘“m x"."..‘. ‘31 good against the saloon. The Illinois Anti- now, considering that 1 am 6o years saloon League is to be the agency of the old. I wish you success."—ANDREW I’\.CK- :‘hurche‘: in the t:flor(s to secure lgcal op- | soN, Cen a, Wash. on and an anti-saloon Sunday through- i arantee out the State. It is suggested In the let. | g \h, STRFEIStS sell and o ter that January 23, orsa‘- near that u‘::to gy o o gndlabu L b on Ne: and Heart Diseases. Address Songany be convenlent, be devoted to the | . Miles Medical Con Elkhart, Tadk 4