The San Francisco Call. Newspaper, April 10, 1904, Page 28

DAY, APRIL 10. 1904. WEL ELETON LEARS UP A MYSTERY Remains of a ;I:Tn_—and Large Sum of Money Found by Several Laborers on the Bank of Boulder Creek LOCATION OF GRAVE THIRTY YEARS HIDDEN Grewsome Discovery Recalls a Tragedy in the Seventies and Confirms the Story of Timber Owner’s Partners »f several coi: d the skeleton of a man has cleared up an old mystery at Boulder Creek. In the fall of 1874 : man named Sims and two others who are now residents of Boulder, took ap & timber m where the now stands. Sims, who was the oldest »f the trio, was eccentric and subject o fits of despondency. He was known o have considerable money, and car- ried over $600 in a leather beit One night when the men were seat- »d about the fireplace in their cabin Sims suddenly sprang to his feet, and, town with a wild cry, dashed from the build- ng and disappeared in the forest. It was two days before his body was found at the foot of a precipice at the junction of Boulder Creek and the San Lorenzo River. The two living partners buried Sims >n the bank of the creek, and, as they cut off from the outside world, t was three weeks before communica- on with the authorities was possible. Meanwhile ce of the grave had »een obliterated ther by a landslide r a rise of the river. The money was nissing, and t partners of the dead man incurred some suspicion, but al- vehemently protested that no d been committed. il yesterday was their story confirmed. Laborers for Rambo Company, who were the foundation for long the banks of ways rime ha Not ompletely H he 8 a the It is stated »d turned over g partners ——————— FRIEND FINDS BODY OF A DROWNED YOUTH that o the flemains of a Sixteen-Year-Old Boy Located in Stream at Ben Lomond. SANTA CRUZ, April 9.—The body »¢ Phil lcorn, who was drowned welve days ago at Ben Lomond, was ound erday by a young friend med Dollar. Alcorn was the 16- year-old son of Mrs. Joseph Alcorn. He was boating when the river was ery high and he was hurled into the urrent by striking the limb of a tree. rthed the human bones and | 'COURT RENDERS DECISION IN SUIT | OVER CONTROL ———— | The 1egal struggle for the control of | {the Orowille Gold Dredging and Ex- | | ploration Company, which was inaug- | urated some months ago by the filing | iof a suft for an injunction restraining | certain of the directors of the corpo- | ration from voting 40,000 shares of | stock alleged to have been illegally | i=sued, terminated vesterday in Judge Sloss’ court, when an order was made | refusing the injunction and dismissing | the order to show cause upon which the alleged conspirators were haled into court. In an opinion handed down by Judge Sloss in the matter he beld that the showing made by the plaintiffs in the action did not war- | rant the issuance of the injunction be- cause it was shown that the acts of | F. W. Bradley, the alleged arch con- | spirator, and his fellow alleged con- | spirators, J. W. Goodwin and L. J.| | Holton, were known to a majority of | the directors; that when the first| steps were taken which culminated in | the issue of the disputed shares the | | defendants had the apparent control; | | that the design of Goodwin to obtain | control had been, for some months. known to many if not all of the plain tiffs and had been approved by some | of them, and that no intimation had | ever been given to him or agy of the | | defendants that such design was dis- | tasteful to any of the stockholders. |The court said at the outset of its opinion tock was sold for its full value: the r which it was sold was a valid and St necessary. corporate purpose. As 1 do mot think the court \ inferences of an improper ealally wh n injunction would deprive the defendants, Goodwin and Holton, | Who have apparently in good faith parted with £20,000 in exchange for this stock, of one of the mc portant attributes of its ownership An injunction should not be granted where the complainant’s right is doubtful. So far as the motive is concerned, the plaintiff's in my judgment. sufficiently clear the granting of the rellef sought RIGHT TO STOCK. Judge Sloss also decided against the plaintiffs on their claim that stock- | holders in a corporation have a prior | right to stock in the concern which is | placed upon the market or is offered [for sale. He holds that the stock- holders have a prior right to stock | where it is issued as a result of an | | increase in the capital stock, but that this right of pre-emption does not ap- | ply to stock issued from the original | authorized capital. | On this important point, decided for the first time in this State, Judge Sloss | | says | pus proper, it B | “The rule is well established that | | ‘those who are shareholders when an increase of capital stock is effected | 1joy the right to subscribe to the new stock in proportion to their original | holdings and before subscriptiops may be received from outsiders.” (26 £m. and | Eng. Ency Law, 2d Ed., 947). The con- rention of the defendants is that this right of pre-emption, so cailed, applies | only where there has been an increase | of stock beyond the amount original- ly authorized by the charter articles of incorporation; that of the plaintiffs! | that it applies to all issues of stock | | ot theretofore issued, whether a part | of the originally authorized capital (as | | here) or not “On this point the authorities are not in harmony. The true rule, I think, is to be ascertained by a consideration | | of the reason upon which the doctrine | is based. It is argued by the learned | counsel for plaintifis—and no doubt | correctly—that the right of pre-emp- | tion, to whatever extent it may exist, rests upon the ground that the owner- ship of shares of stock carrfes with it fifths. Dispated Stock of Oro- ville Ceorporation Held Valid. o +* not only the right to receive such divi- dends as may be declared, but also voice in the election of directors, and, consequently, in the control and man- agement of the corporation; that the cxtent of the influence of the stockhold- er depends upen the proportion which his stock bears to the total stock is- cued; and that he has a right to pre- serve that proporionate voice and in- fluence if he sees fit; or, in other words, that the directors should not, by an 1 sue of new stock, be permitted to dis- turb the relative standing of the stock- holders without their consent. “That this reasoning is applicable to the case of an increase of the cap- ital stock of a corporation beyond the amount originally authorized is ob- vious. Where a corporation is formed with a capital of 100,000 shares and A subscribes for and obtains 40,000 hares, his part in the control is two- He can, under the system of cumulative voting, elect two of five di- rectors. In any event, he can, by combining with a trifle more than one- tenth of the remaining stock, name a majority of the board. If then steps are taken to increase the capital stock from 100,000 to 200,000 shares and the directors issue the additional 100,- 000 to persons other than A, without giving him an opportunity to subscribe for any part of the increased issue, it is plain that his influence in the man- agement of the corporation is greatly reduced. Instead of holding two- fitths of the stock outstanding, his proportionate holding becomes only one-fifth. THE GENERAL RULE. “Does the same line of reasoning apply to a portion of the originally authorized capital, which may remain unissued? I think it does not. If a corporation is organized with a nom- inal capital of 100,000 shares, and A subscribes for 10,000 shares he does o knowing that others may subscribe for some part or all of the 980,000 shares remaining. Indeed, he has a right to insist that all of the remain- ing authorized capital shall be sub- scribed before he can be called on to pay for his stock. This is the general rule, except in so far as it may have been modified by statute (26 Am. and Eng. Ency. Law, second edition, 934; Civil Code of Cal, sec. 331, San Ber- nardino Ins. Co. vs. Merrill, 108 Cal., 490), and no statute of Arizona mak- ing any modification of it has been called to my attention. “The taking of the remaining stock by others is an implied condition up- on which the subscription shall be- come binding. The subscriber may waive the condition, and take his stock before the balance has been sub- scribed. But how can it be said that by walving this condition he acquires a new right entirely inconsistent with it, namely, the right to have a defi- nite proportion of the remaining stock issued to him? The contention of the plaintiffs would lead to the re- sult that the first subscriber or sub- scribers to the stock of a corporation could prevent the issue of any further stock except to himself or themselves. To recur to the illustration given above, where A subscribes for 10,000 shares in a corporation having a nom- | the county of Butte; its office, office furniture, OF MINING COMPANY e & — inal capital of 100,000 shares, he is contracting for a one-tenth interest, and so long as his share in the man- | agement and control !s not reduced below that proportion, his rights have not been impaired, so far as the ques- tion now under consideration is con- cerned.” On the question of jurisdiction rais- ed by the defendants Judge Sloss de- ided against them. They held that as the Oroville Gold Dredging and | Exploration Company was incorporats ed under the laws of Arizona, Califor- nia courts had no jurisdiction over the | matter. In connection with this point | Judge Sloss satd: In t of Arizona, its entire property is in California; its real broperty consists of mining lands in its books and papers are in the city of San Francisco; ts five directors are all citizens of California and restdents of San Francisco; its meetings of stockholders and directors take Place in San Francisco; all of fts business is {ransacted in this State; it has no office, prop- ness, erty, officer or agent in Arizona, gent designated to receive ser- as required by the lawa of \ : and, finally, as pointed out by plain- {iffs, the alleged wrong here compiained of, . . the issuance of the 40,600 shares of stock, was commltted in the city and county of San T'rancisco, and the act svught to be en- Joined, the voting of said stock. Is threatened to be done here. All of the defendants, the corporation inciuded, have appeared and answered. Under these circumstances I think it wauld be a mockery for this court to say to the plaintiffs that it will not take jurisdiction of their complaint, but that they must seek their redress, it they are entitled to any, in the courts of Arizona, where urisdiction could not be obtained of any of the defendants (except the cornoration) unless they chose to make a voluntary appearance. ASK INJUNCTION. The suit for the injunction was com- menced February 10 last, the plaintiffs being John Hays Hammond, C. H. Mc- Cormick, A. L. Ryerson, J. L. Hough- teling, E. A. Wiltsee, A. Cass Canfield, A. Chester Beatty, J. E. Doolittle and F. B. Peabody. The defendants are F. W. Bradley, president of the corpora- tion, and Directors W. R. Berry, Ed- win Schwab, W. C. Webb, A. Granger and W. H. Crocker and Luther J. Hol- ton and J. W. Goodwin. The com- plaint contains the charge that Brad- ley mismanaged the affairs of the com- pany and that he and Crocker almost continuously for several months orally denounced the company’s property as worthless, and then, in order to secure control of the property, caused to be held what purported to be a directors’ meeting, at which authority was given the directors to sell 40,000 shares of stock standing in the name of the cor- poration. Of this stock 20,000 shares were purchased by Bradley and 10,000 shares each by Goodwin and Holton at $1 per share, a price, the plaintiffs al- leged, far below the value of the stock. But it gave them the control of the affairs of the concern, and, according to the plaintiffs, worked a hardship on the stockholders. They claimed that before Goodwin and Holton were al- lowed to purchase the stock, the stock- holders, particularly the plaintiffs, should have been allowed to purchase it. It was only, however, ac- cording to the evidence taken at the hearing of the case showed, when Bradley and the other defendants made improvements upon the property that did not meet with the approval of Hammond and the oth- er plaintiffs, but particularly Ham- mond, that any objection Was made to the sale. —_———— Death of Noted Jesuit Priest. BOSTON, April 9.—Rev. John Mec+ SARGENT TALKS O INMIGRATION United States Commissioner Speaks on the Subject of Government Regulation GIVES SOME FIGURES h‘n;\'s an Undesirable Class| of Aliens Is Now Pouring| in From Southern Europe —_— PHILADELPHIA, April 9.—The im- migration problem was discussed at to-day’s session of the American Acad- cmy of Political and Social Sclence. | The subject was presented in a com- | prehensive address by Frank P. Sar gent, United States Commissioner of Immigration, who spoke on Govern ment regulation. Franklin H. Gid-| dipgs, LL.D., professor of soclology at Columbia University, spoke on “The Problem of Assimilation.” Commls. sloner Sargent said, in part: “No question of public policy is of greater importance or affects so close- ly the Interests of the people of this | country for the time present and to come as that of immigration. It pre- gents both a prectical and a senti mental side. It ca t be dealt with as other public issues. It has become an established principle of this Gov ernment to frown upon the efforts of foreign countries .o bring to the Unit. ed States to becorie burdens thereupon the indigent, the morally depraved, the physically and mentally diseased, the shiftless and all those who are induced to leave their own country not by their own independent volition and | their own natural ambition to seek a| larger and more promising field of in dividual enterprise, but to carry out some selfish scheme, devised to take undue advantage of some classes of our own people, or for other improper pur- poses. Such a policy is a wise one, as well as obligatory upon the Govern- | ment of this great country. “The total estimated alien immigra- tion to the United States from 1776 to 1820 was 250,000. The total number of | est number that ever applied for' ad- | mission in a single year. i in 1889, when 789,000 were admitted. WESTERN PATHFINDERS. l “The character of these arriving allens, however, during the past year | differs greatly from that of 1882 and the years previous. Since the founda- | tion of our Government until within| the past fifteen years practically all | of the immigrants came from Great| Britain and Ireland, Germany and the | Scandinavian countries, and were very largely of Teutonic stock, with a large percentage of Celtic. Fifteen millions | of them have made their homes with| us. In fact, they have been the path- finders in the West and Northwest. They are intelligent, industrious and | sturdy people. They have contributed | largely to the -development of our| country and its resources, and to !hem; is due, in a great measure, the high standard of American citizenship. Quaid, one of the oldest and best known Jesuits in America, is dead here, aged 76 years. We Paid for a Million 50c Bottles of Liquozone and Gave Them to a Million Sick Ones. Is There Anyone Else Who Needs It? When we purchased the rights to Liquozone we promised to buy a million bottles and give them to a million of the sick. Now we have done it—at a cost of been omitted. $500000. We have published this offer in nearly every home in America: One result is this: There is no neighborhood—no hamlet so remote—but some one there can tell what Ligquozone will do. some friend whom Liquozone has cured. Another result is this: for Liguozone is now greater than for any other remedy in existence. More peo- And we cannot doubt that more sickness is being e use it than use medicine. ured by Liquozone than by all What. Liquozone Is Liquozone is the result of a process which, for more than 20 years, has been the constant subject of scientific and chemical research. Its virtues are derived solely from gas—largely oxygen gas—by a process requiring mmense apparatus and 14 days’ time. Each cubic inch of Liquozone the gas. It densation that gives Liguozone its power—the power to do what oxy- gen does Ligquozone i not made by com- pounding drugs, nor is there any al- cohol in it. Nothing whatever goes nto it save the gas and the liquid used to absorb it Kills Inside Germs The greatest walue of Liquozone es in the fact that it kills germs in the body without killing the tissues, There is nothing else known which will do that. Any drug that kills germs is a poison, and 4t cannot be taken internall For this reason medicine is of little effect in a germ trouble, as every physician knows. Th problem of killing inside germs is the greatest problem that | medical men ever met. These germs are e of most of the serious | dise -« such disease An inter the only way to cure to kill those germs. germicide, effective, yet harmless, has been sought after more | than anything clse in the history of medical practice Liquozone has solved this problem. The chemist who discovered Liquo- zone first proved that germs are veg- ctables. Then he found that an ex- cess of oxygen—the very life of an animal—is deadly to vegetable mat- ter. Then he sougit a way to get the virtues of oxygen in stable form into the blood. The result, after 20 yea-s, is a product which kills inside germs—which does what nothing else can do. We Offer $1000 For a discase germ that Liguozone re- | quires the use of 1250 cubic inches of | is this remarkable con-| drugs combined. can't kill, and this offer is published | on the label of every bottle. Note what this fact means. All that is necessary to cure any germ trouble is to kill the germs. Nature will do the balance. A germ disease must end when the germs are destroyed; | nothing is more certain than that. | And all the skill in the world cannot cure such a trouble while those germs exist. Liquozone goes ifto ach, into the bowels and into the blood, to go wherever the blood goes. No germ can escape it and none can resist it. The results are the stom- | inevitable. Diseases which have re- | sisted medicine for years yield at jonce to it; and it cures diseases which medicine never cures. Acts Like Oxygen But Liquozone is more than a ger- micide. It is also a tonic, with which | { no other product can compare. It is just such a tonic as an excess of oxy- gen gas would be if it could be held in the blood. Oxygen is the vital part of air; the very source of vitality, the most essential element of life. It is oxy- gen that turns the blue blood to red i the lungs. It is oxygen that elim- inates the waste tissue and builds up the new. Oxygen is the nerve food, | the blood food, the scavenger of the | blood. It is so essential to every function of life that we could not | live three minutes without it. There | would be no weak nerves, no lack of | vitality. no impure blood, if we could feed to the blood a little more oxygen. Bat oxygen is a gas and unstable. The blood cannot hold an excess. | Liquozone is a liquid, concentrated {and stable—mot even volatile. In | the process of manufacture it takes | from the gas its virtues, and it car- | ries those virtues to every cell of {every tissue. It gives to every nerve center just the food that it needs. It gives new power to every j function of nature. The results are remarkable and quicks i And nearly every one you meet knows The demand We Paid $100,000 For the American rights to Liquo- zone—the highest price ever paid fpr similar rights on any scientific dis- covery. We first tested the product for two years, through physicians and hospitals in this country and others. We proved it in thousands f the most difficult cases obtainable. We cured with it every disease which was considered incurable. Then we spent $500,000 to give a million bottles away to let a million sick ones try it. We thus staked a total of $600,000 right at the start on our absolute faith in this product. Can any one supposec that we made such an investment without knowing that Liquozone would do what we claimed for it? We publish no testimonials, no evi- dence of cures; no letters from phy- sicians or patients, though we ‘*have more of such letters than any other concern in the world. We simply buy a bottle of Liquozone for each sick one we learn of, and ask him to see for himself \/hat it does. Don’t you know that a product must have remarkable merit—a virtue which brings instant benefit to all—to stand such a test as that? What Medicine Does The utmost that medicine can do is to act as a spur to Nature. This is true in any disease, as your physician will tell you. Drugs never give to the body any element it needs. Anl drugs never kill inside germs. Medicine sometimes spurs nature to overcome the germs; but those results are indirect and uncertain. Théy depend on the patient’s condi- tion. A curc by drugs is always doubtful, and in some diseases im- possible. Some of you have con- tinued medicine for years without getting more than temporary rglief. Liquozone is direct and certain, be- cause it destroys the cause of a germ trouble. Then it acts as a tonic, not as a stimulant. It gives food to the we ask that you write us to-day. don’t wait till our offer ends. other sick ones have done. for a soc bottle, and will pay your druggist ourselves for it. this offer places you under no obligations whatever. vince you; to let the product itself show what it can do. “The character of our immigration has now changed. During the past fif-| teen years we have been receiving a We are willing to buy a few thousand bottles more for the sick who have Then our offer must end; and quozone tell the others about it. If you need Liquozone, and have not yet tried it, Don’t neglect such a chance totry Liquozone; Simply send us the coupon below, as a million We will then mail nerve centers—the food which na- ture intended. The results are in- evitable and permanent. There is no reaction. Liquozone is used both to get well and to keep well. Those who know it best use it daily, as we do. It is a saver of sickness by warding off germ attacks. And it keeps every function of nature up to the highest mark. Nothing else in the world is so good for you. Germ Diseases The diseases in this list are known to be caused by germs or their tox- ins. Medicine has been used in these diseases for centuries, but the germ cause was unknown until late years. The cause of Rheumatism, for in- stance, was not traced to germs un- til 1902. 3 This new cause of disease calls for | new treatment. Medicine does not apply because medicine cannot kill inside germs. Those who now use medicine for germ troubles either do not know the cause of the trouble or don’t know Liquozone. These diseases all’ yield to Li- qhozone and most of them at once. The cause of all is germs, and Li-! quozone always kills germs. In any! stage of any disease in this list the results are so certain that we will| gladly send to any patient who asks | it an absolute guaranty. Asthm: Hay Fever—Influcnza Al Anemia Kidney Diseases Bronchitis La Grippe Blood Poison Leus en Bright's Discase Liver Troubles Bowel Troubts Malarja—Neuralzia Coughs—Colds Many Heart Troubles Consumption Piles—Preumonia. Colic—Croun Pleurisy—Quinsy Constipation R tism al h—OlB’ur s la—Syphilis Dysentery—Diarrhea iseases Dandruff—Dropsy Stomach_Troubles Dyspepsia ‘Throat Troubles Eczema—BErvsipelas Tubercuioats Fevers—Gali Stones Tumors—Ulcers Goitre—Gout Varicocele Gonorthea—Gleet . Women's Diseases All diseases that begin with fever—all in- flammation—all catarrh—all contaglous dis- we will let those who know Li-| you an order on your druggist The acceptance of | We simply wish to con- eases—all the results of impure or poisoned lood. n nervous debility Liquozone acts as a vital- izer, accomplishing what no drugs can do. First. Bottle Free Our method of convinecing you that Liquozone wiil cure is to buy the first bottle for you. We ask you to try it at our expense. The prod- uct itself is the best evidence we have. If you nced Liquozone, and have never used it, please send us the cou- pon below. We will then mail you | an order on your druggist for a s0c | bottle, and will pay your druggist ourselves for it. This applies only to the first bottle, of course; to those | who have never tried it. This offer itself should convince you that Liquozone does as we claim. We \vou[d certainly not buy a bot- tle and give it away if there was any doubt of results. If you want those results—if you want to be well—ac- cept the chance which we offer to | test Liquozone free. Don’t use medi- cine for what medicine cannot do. We shall not ask you to buy Li-! quozone—nor urge you to continue it. Do as you think best for yourself when you learn what the product does. But be fair enough with your- self to try it when we pay the cost of your test. Before our offer ends see what this new product means to you. 8 s Liquozone costs 50c and $1. CUT OUT THIS COUPON for this offer may not appear again. Fill out the blanks and mall it to the Liquid Ozone Co., 458-460 Wabash Ave., Chicago. T have never tried Liq: will take ozone, but if you n-upply me a 50c bottle free I wili Any physician or hospital not yet using Liquozone will be gladly supplied for a test. L] 2 ] |. | gration, should, in my judgement, fur- | was instituted in 1898 and judgment | | continue ! returned in that trial was | 18 years. NECKWEAR. A beautifyl line of new Neckwear worth 35¢ to 75¢ each. We will sell these stocks Monday and Tuesday, specia', each & Sc Every lady purchasing to amount of $1.00 or more will be presented with one of these beautiful stocks. SHIRT WAISTS. Just arrived a full line of beautiful Summer Shirt Waists, white and color lawn, grass linen and percale, at [=3 regulac price. VELVET RIBBON. No. 9, 14 inches wide, black; regular 20c per yard, special g ¥%c SOME SNAPPY BARGAINS. NEW BCOKS AT CUT PRICES. “Letters of a Son t> His Seif-Made Father” ... ...98c “Rebecca,” Wiggin ... .. 98¢ “My Friend Prospero,” by Harland “Biarlish of ibe Guard,” by Morriones, $1.08 rtunes of Fifi,” by Seawell .. “Little Shepherd of Kingdmz dogg “Gordon Keith,” by Page. $1.08 “The Gray Cloak,” Macgrath . o8 Many other copyrights published at $1.50 on sale at. . .. 50c None shopworn or second hand. VISIT OUR BOOK DEPFPT. It will pay you: no book of the same quality binding sold elsewhere at lower price, and often our prices are less. We will gladly quote you prices on any book. A complete line of Bi- bles, Prayer Books and Hymnals al- ways in stock at lowest possible prices. 818-820 MARKET ST. SAN FRANCISCO. st e et B i oo i AR 2 2D Knives, Razors and Shears ground and repaired. Picture Frames of all descriptions made to order. Fancy Ribbons in latest pi Nfl.;:l;: check and polka dot effects — All silk fancy, 4in- Wide, p:r yd. loyf All silk polka dot, 4 in. Wi=& P;Oc Al silk fancy Dresden, per yd.. 25¢€ Eows tied fre of charge. VEILINGS at 15 yard. Theusandsof yards of desirable Tuxedo Veilings in stylish ratterns, white, black and fancy mesh, special Mon- day and Tuesday i5¢c BLACKMA N’S Famous Polish for 9~'d and rilver, sold every- where for 252 bottle, our price special R P i4c BLACK DI 7 BOND Keea Edge Knife Sharpener, 14 in. wide, % in. thick, 10 in. lon 7, sold for 10c, rpecial Sc STOVE o« LID LIFTER - A good, sirong oae, regular pricz 5c; special, exch i 2c OPERA CLMASSES— Mother of pear!, regu'ar $3.00, special S $2 .30 STFRLING SI/L.VER 'enho'ders, regu'a- value 75c¢, soecial 59¢ THE NEW GAMES. Bours* or Flinch on sale at 39c¢ For Tuesday and Wednesday _only. New ctock of PIT fret roceived: TURN- OVER, the new folding-hoard game of !k;” To troduce it for this week, IMPORTANT TO TRAVELERS. A new line of up-to-dste Trugks just re- ceived. now on sale at ‘cut prices. Closing out old I'nes. regardless of cost: perhaps you may old cnes b. are all goc cheap. GO-CARTS AND CARFIAGES. Too many like some of the er than the new ones; they what's better still, styles to enumerate: some- thing new arriving every week. AN we ask Is f pmpare our styles and prices and judge for yourselves. arrivals for the fiscal year ending June | Very undesirable class from Southern | port 30, 1903, was 857,046. This is the great- and Eastern Europe, which has taken|the village the place of Teutons and Celts. During the past fiscal year nearly 600,000 of | “The nearest approach to this was, these have been landed on our shores, | killing oore. | constituting nearly 70 per cent of the| people m entire immigration of the year. 1 “Instead of going to those sections | where there is sore need for farm labor | they congregate in the larger cities, | mostly along the Atlantic seaboard, where they constitute a dangerous and | unwholesome element of our popula-| tion. MENACE TO GOOD ORDER. “The question that individually and vitally affects the interests of our peo- ple is: What shall we do with the thousands that are admitted? Shall| they be allowed to form alien colonies in our great cities, there to maintain the false ideas and to propagate the lawless views born thereof as the re- sult of their experiences, foreign, not alone geographically, but foreign as well to this country in their ideas of human liberty and individual rights? Immigration left thus is a menace to the peace, good order and stability of American institutions, which will grow and increase with the genera- tions and finally burst forth in anar- chy and disorder. It is thus necessa- ry, as a measure of public security, to advise and put into force same means by which the alien arrivals may be distributed throughout this country and thus afford the opportu- nities by honest industry of securing homes for themselves and their chil- dren. “The Department of Commerce and Labor, through the Bureau of Immi- nish information to all desirable aliens as to the best locations for prof- itable means of earning a livelihood, either as settlers, tradesmen or labor- ers. The States and Territories which need immigration should file with the | department such®evidence of the ad- vantages offered to aliens to settle in localities where conditions are favor- able, so that the tide of immigration will be directed to the open and sparsely settled country. “That the Bureau of Immigration should be the medium of distributing the aliens is to my mind as much of a duty as it is to decide to whom the right to enter should be given.” DECISION IS REVERSED IN FAMOUS MINING CASE Towa Supreme Court Holds That Evi- dence in Boyle Suit Does Not Warrant the Verdict. DES MOINES, April 9.—The decision of the District Court at Council Bluffs in the case of James Boyle against James F. Burns, president of the Port- land Mining Company of Colorado, was to-day reversed by the Iowa Supreme Court. The decree of the lower court gave Boyle $449,922, together with $8000 | interest and $8000 costs. The case be- came famous by a suit filed in which Boyle claimed nearly a million dollars | in payment for his interest in the Bob- tail, Tidal Wave and Devil's Own claims, which form part of the Port-| land company's properties. The suit was rendered for $717,000, Burns per- | mitting the suit to go by default. This | Jjudgment was later set aside, on show-‘ ing made by Burns, after Boyle, who | was Mayor of Victor, Colo., had spent | six months in jail for contemnt of! court, which had ordered him to dis- vroceedings in Jowa, but which Boyle refused to do. The trial| at Council Bluffs was made famous be- | cause of each side using a corps of detectives to watch Witnesses sum- | moned to testify in the case. A verdict the one which was to-day reversed by the Su- preme Court of Iowa. FIRES INTO A CROWD AND KILLS YOUNG BOY Porter, Who Was Taunted on Account of His Occupation, Uses Revolver ‘With Fatal Result. SMITHTON, Pa., April 9.—David Kelly, aged 23 years, is in jail, charg- ed with killing Shepherd Moore, aged Kelly was employed as a taunted by a crowd of y who called him ccount of his oc- shot into the crowd. A crowd of excited ade an effort to force the doors of the jail, but without success. Kelly has been removed to Greensburg for better protection. white nigge cupation. eils ADVERTISEMENTS. G. H. UMBSEN & CO., 20 Montgomery St. Annovncement! Announcement! "Annouvncement! Grand Auction Sale San Mateo Heights San Mateo Heights < San Mateo Heights On Saturday, April 30, 1904, at 1:30 p- m., we will sell on the premises 150 beautiful large lots. This will be the red letter sale of San Mateo property; the lots are all large, most of them being soxiso. City water, sewer connec- tions, electric cars run through the center of San Mateo Heights. Small bills will be ready for distri« bution in a few days. G. H. UMBSEN & CO., 20 Montgomery St. WEEK ONLY $10.00 $15.00 $20.00 SEWING MACHINES SLIEHTLY USED. LIGHT RUNNING YOU XNOW—WHERE THE DOLLS ARE IN THE WINDOW 1051 MARKET STREET Perfect Fitting Eyeglasses At MoZerate Gost adway’s R=“Bay Purely vegetable, mild and reliable. Causes perfect digestion, complete absorption and healthtul regularity. For cure of all disorders of Stomach, Liver. Bowels, Kidneys, Bladder, Female Irregularities. SickH:adache, Biliousness, Constipation,Plles and all derangements of Internal Viscera. 25¢ box. At druggists' or by mail. Radway & Oa. N Y. ]