The San Francisco Call. Newspaper, December 7, 1902, Page 31

£ Gisrsassd . [} » i . i ~ ST Paoes 31 1o 44 - SHFFFFI I I E e+ttt ) 4N\ . FFFFRS 2 : : PRESIDENT HARRIMAN PROMISES THAT HE WILL ENDEAVOR ! TO PROTECT MERCANTILE INTERESTS OF SAN FRANCISCO i R ELYING upon assurances received in dispatches addressed yesterday by President Harriman of the Southern Pacific Company to the heads of the variotis commercial bodies of San Francisco, the commercial men of this city infer that before next Wednesday Secretary Root will receive a strong bid to meet the one made by Jim Hill for moving troops and freights for the United States between San Francisco and the Philippines. Three. steamship companies act under a common understanding in the Oriental business from this port. If the inference entertained by the merchants is correct Hill will have a powerful combination to meet, which has nine steamers ready for any duty it may impose upon them and many millions of capital. e BUILTY OFFIGER FALLS INTO TRAP Policeman Alexander Is| Caught in Act of Extortion, Complete Change Is Mace by | Chief in Tenderloin Beat. of the most far-réaching upheavals Police Department of San Fran- which has occurred in recent years ugurated yesterday when Chief of lice Wittman, acting under the insti- f the Police Commission, re- ed from their beats In the tenderloin atrolmen Wilson, Coleman, Jewell, Snow- all and Sullivan and detailed them for uture duty at the Mission station. This action was precipitated by the dis- of abs proof by Chief Witt- Captain of Detectives Martin least one policeman detailed in 1 was in the habit of taking from fallen women. For months on man and at money past complaints have been coming in from urk Tay and Mason streets regard- | polieemen patrol: these beats effect that nearly one of m made a practice of extorting money the unfort te women who inhabit trict. Purticular) was mentioned name of Earnest Alexander, a patrol- who has done duty on Mason street years past. The superior offl- | were Joth to credit the statements the policeman, and the informant offered to produce positive proof | f Wittman would aid in the inves- TAXES A MARKED COIN. b r was accepted, and Thursday “hief and Captain Martin went Mason street in citizens’ watched Alexander's move- arranged a trap for giving a marked dollar n of the half world who claim- be a victim ¢ the policeman’s ex- 8. They saw Alexander. halt her.| the ay of a lodging-house on r Turk, and after a mo- | ation she passed something r, who left her and went: into 3 ng cigar stand. The Chief and ptain Martin crossed the street and ed Alexander to one side. Let me see what money you have, Al- said the Chief. poiiceman started to demur, but | 1is superiors were insistent, and he finally out a h dful of gold and. silver | from ket. The Chief hastily n them over and found the dollar he rked himself. He at once ordered | iceman to surrender his star and i him from duty. stmost secrecy regarding the mat- was maintained by the department. riday afternoon Chief Wittmam reported | the facts to the Police Commission, which met i secret session, and the action 4f the Chief was approved. At the same time the numerous reports regarding ex- i by othe policemen on duty in re district were taken up. It was ap- parent that it would be impossfble .to se- cure positive proof against them, as the exposure of Alexander would undoubted- ers on their guard, so it| make a clean sweep | of those who had been doing duty in this i district NOT ALONE PATROLMAN. As a result of the conference between Chief Wittmu ion a gen- order was issued yesterday afternoon ! remoVving Policeme Sullivan and Cole- | men from Taylor street, Wilson from Ma- | gon street and Jewell and Snowball from | Turk street, and deta m for duty | &t the Mission station | every evera era The order cre- | d consternation among the rank and | file of the Central station, as all of the | men affected had been on their beats for | & long time and were supposed to stand especially well with the department. Only | three of the vacancies have been filled so far—Charles Taylor, who made a record in the Robinson murder case, having been | detailed on Mason street; Otto Ruttiger, | formerly stationed on Sacramento street, | having been sent to Turk, and George O. | Brown to Taylor street. The other as- signments will probably be filled from the Mission district. There are rumors of more extensive changes in the tenderloin district and it would not cause much surprise in the department if nearly every man from Geary street to Turk were sent to other stations and their places filled by patrol men from other districts. It is even said that the changes may extend to superior officers, whose lax supervision has result- | ed in the corruption which is now gen- erally acknowledged. Earnest Alexander, who was caught red-handed in @ dishonest act, has been on the force for eleven years and bore an excellent record heretofore. It is re- ported that he has tendered his resigna- tion to the Police Commiseion rather than attempt a defense, but it is doubtful if it will be accepted. Woman Swallows Oarbolic Acid. Bertha King, wife of Willlam King, the well known pool player, made an at- tempt tp kil herself yesterday afternoon by swallowing carbolic acid, in her room in the Ashworth House, £20 Mason street. It wes some time before the roomers in ihe house learned of Mrs. King's con- aition and had her removed to the Cen- tral Emergency Hospital. For a while there was but slight hope for her re- covery, but last night her condition showed a decided improvement. Her hus- band could give Do reason for her at- tempt on her life. Mr. and Mrs. King me here from Chicago & few months —— i — Lettered in Gold. Remember that we stamp your name in :n,xd letters free of charge on p::“cknet- pooks, t 1) bags, cameras and ine eat hi.r r:;:axn‘y at our store. Sanborn, Vail & Co., 741 Market street, * REAR ADMIRAL CASEY SAYS THAT PANAMA IS PLACE FOR CANAL BATTLESHIP | 2 wWiiscomNsIiri i a NAVAL COMMANDER TO WHOSE GOOD OFFICES IS ATTRIBUTED THE CONCLUSION OF NEGOTIATIONS RESULTING IN RESTORA- TION OF PEACE IN COLOMBIA AND HIS FLAGSHIP. g (¢ HE isthmus is unquestion- ably the desirable place for the canal,” safd Rear Ad- miral Silgs Casey yesterday morning on his ' flagship, the Wisconsin, aboard which on Friday night he arrived from Panama. The admiral is not talking for publication, except in courteous general- ities, but according to his officers, who can speak where modesty might restrain their chief, it was Silas Casey who brought about the peace in Colombia and cleared away the greatest obstacle in the way of & navigable waterway between Atlantic and Pacific. The Colombian revolution was a polit- fcal war and the insurgents were fighting for clean government, by the people and for the people. While the American nav- | al officers were strictly neutral in thelr relations with both sides their sympa- thies were with the objects for which the Liberals had been struggling for three years, and General Herrera, the insurgent chief, found in Admiral Casey a warm champlion in the conferences held on board the Wisconsin prior to the signing of the treaty of peace. When the Wisconsin arrived at Pana- ma on September 3) Admiral Casey found, affairs in a very unsettled condition. few days prior to his arrival a battalion of marines had been landed and detach- ments sent to Panama and Colon. The tailroad was in their charge and they were guarding all trains. Insurgents soon appeared at the stations all along’ the road, but except on one occasion of- fered no interference with the running of trains. On this particular occasion some 300 Liberals attempted to remove a Gov- ernment official from the train at Em- pire station. The determined opposition of the marines guarding the train frus-" trated the attempt. This is how matters stood when the Wisconsin arrived. In order to remove all pretext for in- terfering with the running of trains, Ad- miral Casey issued an order prohibiting the transportation of Government troops, munitions of war, clvil or military of- ficers on trains guarded by United States troops. This, together with the occupa- tion of the isthmus by American forces, caused immediate protest by Victor M. Salazar, Governor of Panama. Salazar boarded the Wisconsin and complained to Admiral Casey that his ac- —3 tion was- an invasion of the sovereignty of the state and a violation of the treaty between America and Colombia. He was informed by the commander in chief of the American forces that when he could carry out the terms of ghe treaty guar- anteeing uninterrupted . dnd free transit acress the isthmus from sea to sea, the guards would be taken from the trains and the United States troops withdrawn from the isthmus. In the meantime General Pedermo ar- rived, brought to Panama by a guard-fur- nished by Admiral Casey. He was cloth- 1 with ministerial powers and at once tock charge of affairs on the isthmus. At the earnest solicitation of Admiral Casey he at once ordered up reinforce- ments from Baraquilla and Carthagena. These troops he distributed as they ar- rived along the ‘rallroad. When a’suf- ficient force had been installed he noti- fled the admiral of his ability to protect the line and on November 17 Admiral Ca- sey carried out the pledge given to Sal- azar by withdrawing the United States forces and embarking them on the Pan- ther. The admiral was directed by Washing- ton to use his good offices to bring about a peaceful and amicable settlement of the war. He communicated with ~General Salazar and with General Herrera, the chief of the revolutionary forces. They expressed their willingness to meet and discuss the subject of peace. It required some time to communicate with and re- ceive replies from General Herrera, but finally, as the Wisconsin was about to leave Panama, a communication came from - the insurgent general asking Ad- wiral Casey to arrange for an interview with General Salazar. General Herrera was at the time at Aguadulce, some eighty miles from Pan- ama. A vessel was thartered by the Gov- ernor of Panama, and, in command of an officer of the Wisconsin, was dispatched to convey Herrera and his staff to Pan- ama. They arrived November 18 and were guests of the admiral on board the ‘Wisconsin during the three days prior to the conference, which ended In an nt on terms of peace and ended *be war in Colombia. PRISONS THROWN OPEN. The admiral was frequently called upon during the conference for advice and opin- fon upon points in dispute. His sugges- Continued on Page 84, Column 1, Gives Assurances to the Commercial : Bodies. Transport Service May Possibly Be Saved. HARRIMAN NOW PROMISES TO NMAKE EFFORT : 'EW YORK, Dco. 6, 1902.—To Georze A. Newha!l, President of Chzmber of Comm:roz; A. Shar- boro, Presiden’ of Manufactur.rs’ and Producers’ Association;” Andrew M. Davis, Vioe President Merohants’ Aes>- | | oiation, San Eranciszo, Cal : Msssage | | 6th inst. recsivel. Will make every effort to protaot our mu'ual intorests in oanneobion with business referred to. E. H. HARRIMAN, | e | | F the present expectations of the | merchants of San Francisco are ful- | filled, prior to next Wednesday the | 2 Pacific Mail Steamship Company will | have a bid before the Secretary of | War for moving troops and freights for | the Unfted States between San Francisco and the Philippines. This news was con- tained, at least inferentlally, in dispatches | that were received in this city yesterday | by George A. Newhall, Andrea Sbarboro | and Andrew M. Davis, the first two, re-| spectively, the presidents of the San | Francisco Chamber of Commerce dnd the California Manufacturers' and Producers’ Association, and the third vice president of the Merchants' Association of San Francisco. President Harriman's dis- patches did not mention the Pacific Mall | Steamship Company specifically, but his meaning is interpreted. gentlemen mentioned, in_their represent- ative official capacity, President Harri- man wired: “Will make every effort to protect ‘our mutual interests.’" s ecessarily-means, %0 say the mer- chants, that Jim-#il, ‘Ulsg: ofre present bid- der for the army trapéportation business, will be met on the terms prescribed by ‘the War Department. More\is contained in the assurance of President Harriman than_appears on the face of it. Three steamship lines running out of San Fran- clsco and doing business in the Orient are operated under a common understanding, | which renders them fast and sure allies. These lines are the Paclfic Mail “Steam- ship Company, the Occidental and Orlen- tal Steamship Company and the Toyo Kisen Kaisha or Oriental Steamship Company.” They are backed by large transcontinental railway interests and have many -millions of dollars back of | them. They operate in the Oriental trade the followlng nine large steamships: The Peru, Korea and China on the Pacific Mali line; the Doric, Coptic and Gaelic on the Occidental line, and the Nippon Maru, America Maru and the Hongkong Maru on the Kisen Kaisha lines. None of these lines make any trafic agreements without the consent of the others. From this it appears that. they offer mutual support. Jointly they form a vastly strong com- bination of ocean carriers. NEWHALL IS HOPEFUL. President George A. Newhall of the Chamber of Commerce of San Francisco undoubtedly voices the opinion of many when he says that San Francisco ‘will be represented by a bid for the transport service between San Francisco and the Philippines. “In my opinion,” says Presi- dent Newhall, *‘the bid will be accepted.” Newhall has been particularly active in trying to save the transport business for this city. When the first note of alarm was sounded he called a meeting of the board of directors of the organization of which he is the head and the situation was gone over thoroughiy in secret con- ference.. It was decided unanimously that San Francisco could not afford to lose the business nor take a back seat in favor of Seattle on any proposition. The steamship lines were called upon for aid, but no bids were presented. The commercial men of the city were then aroused and an active campaign was commenced. President Newhall sent tele- gram after telegram to the California del- egation at Washington, D. C., and to the Chamber of Commerce representative, who is also in the East. The War Department was besleged by the Californians, and at last the exact state of affairs was made known. Then it was realized that the only way to save the transport service for this city was to have some sort of a reasonable bid pre- sented. The directors of the Chamber of Com- merce were again convened and President Newhall was empowered to attempt to enlist the afd of Harriman. The commercial bodies of the city all co- operated and lent their influence to save that which is of great consequence to San Francisco. Neither President Sbarboro of the Manufacturers’ and Producers’ Asso- ciation nor President Frank J. Symmes of the Merchants’ Association was in the city last evening. Newhall spoke for all the presidents when he said: HARRIMAN INTERESTED. We have been eending telegrams to Mr. Harriman for several days and he has kept in communicaticn with us. — Our interests are his interests for the time being. He does not want to see the -transport service leave this port, and we all know that he has the power to prevent such a misfortune. 1 was assured that he would take action if matters should become very threatening and that he is now prepared to do. Everything rests with him, of course. He will_see that a bid is presented by. the Pacific Mall Steamship Company. I do not know what the figure will be. We were told to present a bid and we have been able o do so. I think that we, should accordingly be able to retain the transbort service at San Fran. cisco. - All conditions favor this port and I do not_think that our bid will necessarily have to be lower than that of the Seattle people to be accepted, At any rate, we shall kngw all about it in . few dayi The vast schemes of improvement upon which the transcontinental roads having thelr termint in’ this cITys have entered in: the past two years afford ample proof To each of the| ATTORNEY McENERNEY RETURNS - FROM THE HAGUE AND REVIEWS DECISION IN PIOUS FUND CASE ARRET McENERNEY, who acted as the attorney of Arch- bishop Riordan in the famous pious fund claim case, which was recently adjudicated by the International Peace Con- at The Hague, returned to this city yesterday on the Overland lmited. McEnerney is highly gratified with the decision of the tribunal, and while he would have been better pleased had the high council of arbitrators set the original principal of the plous fund at a larger amount, he is nevertheless pleased with the results, The United States and the republic of Mexico were the first to appeal to the In- ternational Peace Congress to arbitrate the differences arising between the two countries. By the satisfactory 'adjust- ment of .these differences by the Peace Congress these two countries have shown to the peoples of the world and their rul- ers how international differences can be disposed of without coercion or even dip- lomatic pressure. In speaking of the plous fund claim and the decision of the tribunal, McEnerney gave some interest- ing facts to a Call reporter yesterday. “We are all more or less familiar with the pious fund case,” said he, “but a lit- tle history in this connection will not be amiss. So let us begin at the beginning. The fund originated in 1637, when money was collected in Mexico to enable the Jesuits to carry on their missionary work in what was then. the two Californias, Up to 1768 the fund was administered by that order. The Jesuits were then ex- pelled from the Spanish dominions by royal decree. The property of the fund “was taken over by the crown, but it was ex- pressly provided that it should remain subject to all such changes as were im- posed on it by the endowers. “The Spanish Government faithfully ob- served this promise and its examnle was followed by the Mexican authorities after gress Shortly after the expulsion of the Jesuits the territory was divided for missionary purposes between ‘the Dominicans and Franciscans. Lower California, which is still Mexican territory, was assigned to the former and Upper California, now American territory, to the latter. Before the declaration’ of Mexican independence the Franciscans had established twenty- one missions in Upper California, which subsequently develoved into the chief cities of the present State. The two Cali- fornias having been erected info a bishopric, the Mexican Government sur- rendered the property to the first mission. In 1842, however, a decree was issued in- corporating it in the national treasury, it being at the same time provided that in- terest at the rate of 6 per cent per an- num should be paid upon the total value. INTEREST REMAINS UNPAID. ‘‘Some twenty years after the cession of Upper California to the United States a treaty was concluded between the two countries for the settlement of claims by Mexican citizens against the United States and of American citizens against Mexico. The treaty provided for an American and a Mexican arbitrator and an 'umpire to be chosen by the two. Sir Edward Thornton, British Embassador at ‘Washington, was appointed to the lat- ter position. The Archbishop and Bishops of Upper California presented a claim for such proportion of the income of the pious fund as was equitably due to that part of the original sphere of the endowment. On the disagreement of the arbitrators, Sir. Edward Thornton decided that the total value of the fund was $1,435,033 and that the share of Upper California was half. He consequently condemned Mex- ico to the payment of interest at 6 per cent ‘on the moiety belonging to the American Bishop for a period of twenty- one years—that is, from the cession of Upper California to February 2, 1869, the date to which the umpire’s jurisdiction extended. This interest, amounting to $904,070, was paid by Mexico in install- ments extending from 1877 to 1890. “Since 18%,” continued McEnerney, “the Archbishop and the. Bishops of Cal- ifornia have made repeated efforts through the State Department at Wash- ington to obtain the payment of the in- terest which has accrued since 1869. In May last a treaty was concluded between the two countries whereby the matter ‘was submitted to the decision of the per- ATTORNEY WHO REPRESENTED ARCHBISHOP RIORDAN IN THE PIOUS FUND CASE. - Hague. " The question lald before the court was whether the Archbishop and the Bishops of California were entitled to recelve from Mexico .thirty-three in- stallments of interest covering the period from 1569 to. the present year. The treaty provided that each Government should nominate two arbitrators, who should not be citizens of the contracting states. These four arbitrators were to appoint an umpire. America chose Sir Edward Fry and M.\Martens, a member of the Rus- sian Imperial Council, while Mexico ap- pointed two distinguished Duteh jurists, M. Asser and the Jonkheer De Savornin Lohman. All these gentlemen are mem- bers of the permanent court of arbitra- tion, The arbitrators selected Dr. Mat- zen, professor of jurisprudence at the University of Copenhagen, as umpire. QUESTIONS SUBMITTED. “In the treaty three questions were submitted to the tribunal. First, whether the claim, as a consequence of the de- cision of Sir Edward Thornton, was with- in the governing principle of res judicata; secondly, if not. whether the claim was just, and thirdly, if the decision were against Mexico, in what currency the amount was payable. The tribunal de- cided that the prineiple of res judicata applied to the awards of the international tribunalsand hence that the claim, as a re- sult of the decision of Sir Edward Thorn- ton, was controlled by that principle. It may be well to explain that the res judi- cata, which also obtains in Continental systems, signifies that a question or con- troversy once litigated and decided is forever conclusive between the same par- in all subsequent litigations. ‘Mexico admitted that this prineiple was_universally recognized, but contend- ed that it did not apply in the present in- stance for two reasons. The first was that Sir Edward Thornton had no juris- diction to make the award, and the sec- ond that the principle of res judicata was limited in application to what Mex- ico called the condemnatory portiom of a former judgment, and did not extend to the premises upon which It was based. The tribunal decided, however, that Sir Edward Thornton had jurisdiction to make his award and that res judicata not only extends to the simple direction by him to pay twenty-one Installments of interest, but also to every principle of law and question of fact which it was necessary for him to decide in order-to make the award. The tribunal further decided that America was entitled to re- cover for the benefit of Archbishop Rior- dan and the Bishops suffragan the whole amount asked—namely, $1,420,689—which might be paid py Mexico in any money current in that country. ’ “Apart from its interest to California,” MeEnerney said in conclusion, “this case has an important International signifi- cunce. It will be observed that the pro- ceedings were of an exclusively judicial character, a feature which it will be nec- essary to maintain if a permanent court ot arbitration is to have a long career of the acquisition of indepentlence in 1821. manent board of arbitration at The oxtensive usefulness.” o 22 2 o o O e e e Y ) have been saved by an outlay of millions of dollars for the shortening of routes, one of the most stupendous of modern engineering feats is' now in progress where the Central Pacific line is to be made to cross Salt Lake, the greatest of all inland saline seas, on a costly bridge. Tariffs have been made to meet the competition to the Orient via the Suez canal from the Atlantic seaboard. At this stage of the proceedings, with the Philippines just falrry. pacified and the prospects of business all over the Orient daily brightening, the Union and Central Pacific and Sunset route, under the Southern Pacific Company rule, could have a great stake in building up the business out of the 'port of San Fran- cisco. -This consideration has inspired hope in the minds of the merchants of of Intention and desire to get all the business to and from the Orient that is possible. Mountain ranges have n tunneled, hundreds of miles in distance San Francisco. BID IS ANALYZED. From the news bureau of-The Call in ‘Washington came the following special dispatch last evening. to the effect that the members of the California Congres- sional delegation were more hopeful yes- terday that Secretary Root will continue the army transport business from San Francisco: Mr. Root during his absence from Washing- ton is carefully considering the whole question and Is looking into the matter in all its bear- ings, especially with reference to the recent bid. for the’business submitted by a Seattle toncern. This bid, on analysts, in the opinion of many War Department officials, may not appear to be 50 advantageous to the Government as was at 'first supposed, in view of the establishment of the present piant at San isco and the immense outlay that would be necessary on the part of the Government if the transportation business were to be another port. The Government also s said to be sav- ing enormous sums annually by free carriage of mflhmmtnmsaro.thcwflolwhmh by private lines would be very great. War Department ho are best informed regarding the present conditions, express the bellet that while Secretary Root has fore favored the sbandonment of the trans- port service, he may now, in the light of the Tew facts recently brought to his attention, declde to continue that service until other bids may be prepared and submitted or until it demonstrated beyond a doubt that the perma- nent retention of the service Is ad- . At any rate, these officials are in- clined to think that the service will remain as it is for some time to come. The . following was also received last evening from The Call's news bureau at ‘Washington: Pending the return of Secretary Root it i not known whether he will, at this time, re- Seive and consider other Bids than the one the of the next flscal year. All the efforts of those who oppose the trane- fer of the business from San_Francisco_are now having Secretary Root decide to continue the the present, leaving the final disposition the whole matter for future comsideration. Paul Morton, of the Atchison system, repres " Gontinued on Pags 34, Column &