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wind. midnight, December 5, 1903: San Prancisco and vicinity— Fair Saturday; lght easterly A. G. McADIE, District Forecaster. - S Alcazar—“A Poor Relation.” California—*“At the Old Cross Orpheum—Vaudeville. The Chutes—Vaudeville. NO. 5. SAN FRANCISCO, SATURDAY, DECEMBER 5, 1903. PRICE FIVE CENTS. TREATY FOR CANAL 15 DELIDERED WITH SOLEMN CEREMONY TN A P HIE UD JR, WHO HAS BEEN. APPOINTED CON- TY ) OPENED AX OFFICE HERE YESTERDAY. FOR THE NEW REPUBLIC OF Dignitaries at Panama Witness the — Transfer of the Deocument. i Panama, offic United REJOICT NG AT COLON. e prefecture, with pped in the |chosen by order of the President, and that the latter would see to it that the new Congress would be favorable to any canal treaty that he might submit for its ratification. PANAMA CONSULATE OPENS. Ramon Arias Feraud Jr. Becomes Consul General. Consul General Ramen Arias Feraud representing the new republic of Panama, opened the con- > of his country in this city and settled down to the rou- Jr. representative of the t of the family of Governments ed in quarters at 204 Front 1 the neighborhod where most 8 are located. 1 Feraud was engaged in the work of his office. He d v and is sure to be popular in the corps in this city. replied the Consul General, the nting to the junta | T am pretty busy and I look forward f Panama the patriotic felicitations | with pleasure to my duties. Secre- citizens of this city on the speedy | tary Shaw of the Treasury Depart- . of the canal treaty, “thereby | ment has notified the Collector of the insuring stab and future wel- | Port of San Francisco of my appoint- fare of the republic. ment and my recognition by the Amer- A large r ser of natives and for- |ican Government. This notification elgners were pr nt, and the greatest | was telegraphed here a few days ago. enthusia pr jled. A [crch]]gh(' “My appointment by the Panama procession marched to the residence of |junta was also telegraphed to me, but United States Consul Malmros, the |1 have not yet received my credentials, of the French Consul, Bon Henry. There | credentials are now on the way to the superintendent the railway was a fireworks display and | which will throughout | Panama arrive ' by mail. These Minister at Washington. the might. The United States gunboat | When he receives them he will notify Bancroft arrived here last night. WASBHINGTON, Dec. 4—At the Cab- the Secretary of State and then that official will issue the exequatur to our inet meeting to-day it was arranged | Minister. Our representative in Wash- that the formal President of General Reyes, as envoy extraordinary and minister plenipoten- | Co. | two weeks. tiary on & special mission from lombia to the United States, shall oc- cur to-morrow. COLOMBIANS HOPEFUL. Minister Beaupre at Bogota has ad- vised the State Department that the ed by the Colombian Senate on its mer- its; that is to say that the treaty itself in its text and spirit was regarded as objectionable. Mr. Beavi’e is confi- dent that nothing in the instructions he had received from Washington relative to the presentation of the treaty in Bo- gota in the slightest degree infiuenced the adverse action upon that conven- | tion of the Colombian Senate. The Minister's advices continue to set out the fact that the Colombians «till are hopeful of being able to nego- tiate & mew treaty with the United tates in place of the failed Hay-Her- ran treaty and, regretting the adverse ‘acl!an of their Senate, are willing to extend to the United States terms much_shore favorable than those con- “*zimed in that treaty. Promises have gone so far as to ndicate that the present Congress | | we added the white, presentation to the : ington will then forward-the creden- tials ‘and exequatur to me by mail. I expect to receive them within the next I shall then notify the va- rious consular offices in San Francisco and invite them to call upon me. “General Reyes, representing Colombian Government, is now the in | Washington, and I have every reason | to believe that everything will be set- Hay-Herran canal treaty was reject- | tled between him and the- American Government as to the recognition of the republic of Panama by the Colom- blan Government.” 3 The Consul General pointed with pride to the new flag of the republic, which was draped with.an- American flag, on the wall facing his desk. “We are all united in Panama,” he said, “and the new flag expresses our sentiment. The blue in the flag rep- resents the Conservative party and the red for the Liberals. To these colors which is emble- matical of peace. 'You see, our flag is draped with the American colors, and I hope that the two flags will al- ways be together.” The first vessel to clear from San Francisco through the consulate of the republic of Panama was the City of Sydney of the Pacific Mail Company, which salled for Panama and way, might be dissolved and a new, Congress ! ports last' Saturday. The brokerage all comers with marked cor- | HIGH JURIST | PRESIDENT MUST SUFFER | AND HANNA LINDNESS Important Confer- Daring Boatswain Associate Justice Brown to Lose Sight. Oculist Says Darkness Will Come in a Week. Member of the Supreme Bench Declares That He Will Not Resign. Special Dispatch to The Call. WASHINGTON, Dec. 4.—Justice Henry Billings Brown, Associate Jus- tice of the United States Supreme Court, will become totally biind prob- ably within the next seven days. That is the time his oculist to-day set that he might continue to look out upon the worid. Two years ago the sight of one eye became affected axd last Surday the malady—paralysis of the optic nerve— attacked the jurist's other eye. Justice Brown received thz terrible shock contained in the physician’s an- nouncement without any outward sign. He does not intend to retire from the bench and he will be the first blind Justice to sit on the supreme bench. He is 67 years old and will be eligible for retirement on full salary at 70. He said this evening: “Even though I lose my eyesight I shall remain on the bench. You can state that I will not resign.” ——a—— INQUEST IN SUICIDE CASE REVEALS STRANGE LETTER Italian Who Killed Himself Thought to Be Victim of Brooklyn Mafia. SACRAMENTO, Dec. 4.—The inquest on the body of Amodeo Nicola, the Italian who shot himself at Mikon sta- tion, just west of this city, last Sunday, developed the fact that he probably was a victim of the Brooklyn Mafia. | Just before he fired the fatal shot Nic- ola handed a letter to Dr. Lewis, an- other passenger, and the letter was turned over to Conductor Frank Rick- ert, who incorporated it in his report to the division superintendent at Oak- land. A literal translation of the let- ter, which was written in Italian, fol- | lows: ““All this that you do to me is unjust. I do not remember to have done wrong,| to anybody. You will give me the death penalty, but without me having com- mitted any fault. I salute all of you of Brooklvn, and I declare yourselves of being men of great power, and that vou are men of protecting women of ill fame and vegabonds. All that you have done to me I never dgserved, but my blood will call vendetta upon you all AMODEO NICOLA. The verdict of the jury was that Nie- ola came to his death by suicide. McGREGOR'S COUNSEL OFFERS NO EVIDENCE Attorneys for Postal Clerks Make Demonstration of Their Faith in Clients’ Cause. BALTIMORE,\Dec. 4.—Pinning con- fidence in their belief that the prose- cution has failed to make a prima facie case against former Postal Clerks Thomas W. McGregor and Columbus Upton, counsel for the defense in the trial for alleged conspiracy to defraud the Government by selling leather pouches at exorbitant prices, decided to-day to close the case without put- ting a single witness on the stand to testify for their clients. Papers will’ be prepared to-morrow and exchanged by the counsel. _Argu- ment on the prayers will be offered Monday. The court will not =it on the case to-morrow. L o o o e e firm of Mattoon & Co. had the distinc- tion of being the first to transact of- ficial business with the new Consul of Panama. Consul General Feraud is popular in business circles in San Francisco. His father is a prominent merchant and the Consul has lived in this city for many years. He came to San Fran- cisco when a boy and was educated here, in Rhode Island and‘in Europe. “We expect to do a big business through the consulate,” said Consul Feraud, “as soon as the work on the Panama Canal is started. The recog- nition given to the new republic by the United States, Germany and France will surely be followe 1 by rec- ognition by other great powers and countries. ““There never will be any more revo- lutions in Panama. The people are now united for peace, progress and prosperity. The building of the canal across the isthmus will be of immense value to the country. “I am delighted to represent my country in this city, where I have so many friends, and I am deeply grate- ful to them for the kindly expression of good will toward our republic.” PLAN POLICY ence at White House. Reports All Fail of Con- firmation. Isthmian Waterway the|Pursuers of Runaw’a.:y Sub- Theme of a Portion of the Discussion. ) ——— WASHINGTON, Deef 4—An import- ant_conference was held at the White | tug Peoria, towing the subm: House to-night between the President | pedo-boat Adder, has arrived at the and Senator Hanna. It oceurred on the | navy yard here. initiative of Senator Hanna and to both | by the heroism of Boatswain Deery, participants the conference was per- fectly satisfactory. Senator Hanna arrived at 9:30 and | Adder from the tug and pulled a haw- remained with the President until 11| ser after him. The Adder is leaking o'clock. The conclusion was marked by evidence of sincere frinedship on both sides. Neither the President nor Senator Hanna cared to discuss for publication | ®0 in floating the Moccasin, which is It was stated that the | now high and dry tpon the beach. the details. meeting had no difference in any per- sonal respect from others that they have had in the past and which they will have in the future. It was announced that reports re- cently circulated that there had been or was likely to be unpleasant relations between the President and the Senator amounted to an absurdity. The Presi- dent himself wants it to be understood that he will not take occasion to dig- nify any of them with attention. It may be said that the relations between the two are cordial and appreciative friendship. . ) The conference tuo¥ @ wide range. It dealt principally Wit pending and prospective legislation befove Congress, particularly with that relating to the isthmian canal and with the general present conditions. Before and since he became chairman of the Inter- oceanic Committee of the Senate, Mr. Hanna has manifested deep interest | in all questions relating to that water- | way. He took occasion to-night to discuss the present situation, cially its diplomatic phases, very fully with the President. The agreement on the subject was absolute. Both, it can be said, are confident the position taken by the administration will be approved by the American péople. The contested confirmation of Gen- eral Wood not considered, though an incidental reference to it was made. It is known that the Presi- dent and Senator Hanna differ on that subject, but each fully recognizes that | the difference is honest and sincere, and it is believed by friends of both that it cannot possibly interrupt their relations. Likewise it can be said no discussion took place concerning the changes of the Republican National Committee. President Roosevelt has expressed to Mr, Hanna his desire that he shall re- tain the chairmanship. The Senator has not announced his feelings regard- ing the matter. It may be said that the state of Mr. Hanna’s health is involved in the decision, and, indeed, will be the controlling factor in it. After Senator Hanna left the Whit House he was besieged by newspaper men who desired to learn the resuit of the conference. He declined to make any statement, insisting that it was merely a friendly talk over matters of mutual interest and was of no public significance or importance. “I spent a “very pleasant evening,” he admitted finally. “That is about all there is to it. You can say, however, that all stories about | & wide differences between the President and myself are absurd. 1 have no statement to make.” J ——e————— BOTH SIDES APPEAL IN THE BENNETT CASE Bryan’s COI!EI.ICI Wants the Letter Bequeathing $50,000 Admitted to Probate. NEW HAVEN, Conn., Dec. —Coun- sel for William J. Bryan, executor of the will of the late Philo S. Bennett, filed an appeal in the Superior Court to-day from the decision of Probate Judge Cleaveland by which the sealed letter giving $50,000 to Mr. Bryan and his family was excluded from probate. It will come up for a hearing at the January term of the Superior Court, together with the appeal already filed by counsel for Mrs. Bennett, the widow. The latter appeal is from the decision of Judge Cleaveland admitting to pro- bate the sections of the will naming Mr. Bryan as executor, and giving him funds in trust for college scHolarships. —_—— FIND DYNAMITE HIDDEN IN LARGE QUANTITIES CHICAGO, Dec. 4.—Dynamite in large quantities has been found by Assistant Chief of Police Schuettler, hidden in the northwest part of the city. The discovery was followed by the immediate institution of a search | have interests in the fleld and a legal | of well-to-do farmers from the Middle for the persons who secreted the ex- | probing has been vigorously instituted. | West, who have sold out their Eastern of Quarrel|Perilous Swim With a espe- | HERD SAVES GOVERNMENT WAR VESSE Prevents Loss of Adder. Hawser in a - Tempest. marine Craft Have a Thrilling Expedition. PRl s NORFOLK, Va., Dec. 4—Thg naval ine tor- The Adder was saved who responded to a call for volunteers and swam 400 yards with a line to the badly. The Peoria left to-night for Curritheut to aid the Yankton and Vix- ‘When the boatswain, Deery, respond- ed to the call for a volunteer to swim to the Adder, a thirty-mile gale with mountainous secas was sweeping over the Peoria and breaking the drifting submarine boat beneath tons of water. Deery with a slender line fastened around his waist battled with wind and tide for 400 yards, finally reaching the Adder and gaining her deck. There he hauled a thick hawser aboard by means of the life line and made it fast. At the time the Adder was being; stossed about like a cork one minute and driven far beneath the surface the next, reeling and wallowing in such a manner as to make it almost impossible to retain a footing wupon her scanty decking, but Deery held on until he | bad finished his work. Then he went | back to the tug hand-over-hand on the hawser. It was said at the navy yard to-day that Boatswain Deery would be com- mended at once to the President for | bravery. | Great confusion was caused by the | conflicting reports regarding the where- abouts of the Peoria, Adder and Yank- ton. The navy yard was without in- | formation whatever and the Weather | Bureau reported the tug and the Adder | going direct to Annapolis. In navel circles th circumstances, together with the inability of life savers to enter | the stranded vessel, caused some un- easiness, especially over the condition of the Moccasin. The Currituteut” life-saving station reports the Moccasin in good condi- tion without any wat¢r in her. From reports received, however, it is not | thought any headway may be made | towa rd a floating of the vessel without | | the aid of wreckers, as she is high and | dry upon the beach atylow water and | directly in a nasty surf at high tide, i The Adder is leaking and her ma- | chinery is badly damaged. Lieutenant | English, commanding the Peoria, says | the little boats towed very well, indead, | until they were just off the Virginia apes. There the heaty seas running | at that time proved too much for the ropes of the Adder, which was fowing first, following the tug. They snapped | short and two submarine vessels weat | adrift. The Peoria sought to cat<h | them, but they drifted southward be- fore the wind rapidly. There were only the broken bits on which to get a hold, so the tug could only run in petween them and keep them from bumping to- ether. The seas were running entirely®too high, the lieutenant said, for the tug to run alongside the boats, and it would have been suicidal to have low- ered a boat. All the Peoria could do, | therefore, was to keep the boats apart. All Wednesday this continued and then the line between the boats snapped. It was then that Boatswain Deery, who comes from the Brooklyn, per- formed his heroic act in a last at- tempt to save the boats. ——— FRAUDULENT WORK IN OIL LAND TRANI Sensational Forgeries Are Discovered in Connection With Sale of Property in Texas. HOUSTON, Tex., Dec. 4.—Startling forgeries were to-day discovered in | connection with the receat transfers of 600 acres of the heart of the Batscn prairie oil field, recently opened and which is valued at millions. Shortly following the exposures James Hos- kins was arrested and is held charged with forgery. The forgeries were made by interlining and erasures on deeds reciting original transfers. One of the deeds was dated in 1837 and transferring the Fitzh Green sur- vey. Many recent sales have been made in the Batson prairie and it now develops that titles are likely based on fraudulent transfers. COLORADO GOUERNOR DECLARES MARTIAL LAW AT THE MINES L STATE EXECUTIVE WHO HAS DIRECTED THAT SOLDIERY $HALL | ADMINISTER: AFFAIRS IN THE CRIPPLE CREEK DISTRICT BE- | CAUSE OF A CONDITION OF REBELLION AND LAWLESSNESS. Insurrection Prevails at Cripple Creek and Soldiers Rule. DENVER, _Colo., , Dee. 4.—Gov- ernor Peabody at noon to-day issued | a proclamation declaring Cripple Creek under martial law and suspend- ing the writ of habeas corpus. He de- clares that the gold camp is in a state of insurrection and rebellion, and that the civil authorities are powerless. In support of his action the Gov- | ernor cites the blowing up of a por- tion of the Vindicator mine and other acts of lawlessness, and he declares that it is impessible to control the tur- bulence of the camp by ordinary peaceable methods. The proclamation does not state in | so many words that martial law has been declared and that the writ of habeas corpus has been suspended, but | officials at the State House say that| both these things are intended. The | military will now deal with all al- leged offenders and try to punish them. STATE OF REBELLION. —After mentioning acts of lawle:llnes!l said to have been committed in Cripple Creek, the proclamation concludes as| follows: “Whereas, I have reason to believe that similar outrages may occur at any time, and believing the civil authorities of said county of Teller are utterly un- able, unwilling and are making no practical attempt .to preserve order and to protect life and property, “Now, therefore, -I, James H. Pea- body, Governor of the State of Colo- rado, by virtue of the authority in me vested, do hereby proclaim and declare the said county of Teller, in the State of Colorado, to be in a state of insur- rection and rebellion. “JAMES H. PEABODY, “Govetnor."” ARRESTS TO BE MADE. Governor Peabody bases his decision to declare limited martial law on the decision of the Idaho Supreme Court, which declared that the act of the Governor of Idaho in putting into force to a limited extent martial law in the Coeur & Alene district was in thorough harmeny with the constitution of that State. The constitutional provision re- | 1ating to suspension of the writ of ha- beas corpus in this State i$ similar to that of the-Tdaho constitution. Colonel Edward Verdeckberg, com- mander of the military force in Cripple Creek, was with the Governor when he dictated the proclamation. He left for Cripple Creek this afternoon with a copy of the proclamation. Wholesale arrests of strikers sus- pected of implication in the Vindicator explosion and other cases of violencs will be made to-morrow. The “buli- pen” will be enlarged so as to accomi- | modate several hundred prisoners. As a result of Governor Peabody's proclamation, a state of rebellion ex- ists in this (Teller) county. Military details were to-day put in charge of each town in the district. The Sher- iff and the Mayors “of the various towns promptly notified the military authorities that they would work in harmony with them in maintaining order. @ttt O BANDIT OFFERS BIG ] MONEY FOR LIBERTY Young Neidermeier Promises a Guard $25,000 if He Be Allowed to Escape. CHICAGO, Dec. 4—One of the car barn bandits, Peter Neidermeier, to- day attempted to bribe Patrick Don- nelly, one of the guards at the County Jail, to allow him to escape, promising him $25,000. Donnelly asked him where he would get the money, and received the answer,” “I'll get it all right.” Chief of Police O'Neill to-day re- ceived a contribution of $5000 from the Chicago City Railway Company to aid the widows of the policemen who lost their lives in the pursuit of the bandits. ———————— Eastern Farmers Settle in Oregon. PORTLAND; Or., Dec. 4.—According to the figures presented by the South- ern Pacific, that company has located | between 5000 and 10,000 persons in this State since last spring. The influx 1s occasioned by the homeseekers’ rates offered by the transcontinental rail- ways. The immigrants consist chiefly ‘Excitement prevails among those who plosive and 0 are said to be con- | The field was opened six months ago’| homes, believing that the present prices nected with 'thie carbarn bandits, cap- and contains a number of gushers and the highest they will reach, and MITCHELL IS GREETED WITH ENTHUSIASM President of United Mine Workers ‘Will Be Guest of Denver Chamber of Commerce. WALSENBURG, Colo., Dec. 4.—John Mitchell, president of the United Mine Workers of America, arrived in Wal- segburg this afternoon and was greeted by about 1500 miners and citizens, who had stood out in the snow for over two hours awaiting the coming of the labo; chief. Mitchell was escorted by the lo- cal union officials to a stand, where he addressed the miners. Mitchell depart- ed for Denver at 2 o'clock this afters noon. DENVER, Colo., Dec. 4—John Mitch- ell will be the guest of the Denver Chamber of Commerce to-morrow at noon. He will deliver a short address, toucking not only on the coal strike situation in Colorado but on the rela- tions of the men and employers in gen- eral. ——————— FOUR CHINESE ARE DROWNED IN CANAL BUFFALO, N. Y., Dec. 4.—A wagon- load of Chinese, who were being smuggled into this country, was over- turned to-day ®nd fell into the Erie tured in the Swamps across the In- |is regarded as the richest of Texas oil | have come West in search of cheaper|canal. Four of the Chinamen were lands. 3 lands. drowned. diana State Hne. - ~ b