The San Francisco Call. Newspaper, April 12, 1904, Page 1

San Franolsco Cloudy; cocler Tuesday; morth winds, chaaging to fresh THE WEATEER. Tovecast mefie at San Fren- cisoo for thirty howrs ending midnight April 18, 1904¢ and vicinity— lUgne | _leon.” a: | Pischer’ Columbis ~— “Mam s—“Kismet. Grand—"“A Doll's House.” Orpheum—Vandeville. Tivoli—“The Beggar "selle Napo- Student.” SAN FRANCISCO TUESDAY, APRIL 12, 1904. PRICE FIVE CENTS. RAILROAD KINGS BATTLE IN COURT AT ST. PAUL FOR AN ENORMOUS STAKE James J. Hill Describes for The Call the Scope of Harriman’s Secur- ities Division Scheme. Special Dispatch to The Call. ST. PATL, for The —In J. Hill said that be heard to- an interview to-night J. ying in States Circuit exactly where it was when the suit was first begun. This was the original suit against the merger, begun before the ederal Government began its action. rt was a sharply defined plan te bottle up” the Great Northern, force sale and divide the northern trans- nental lines between new interests. nion Pacific taking the Burling- the St. Paul taking the Northerh fic and Northwestern taking sreat Northern a statement ng from President Hill, has caused sensation and is of the greatest sig isn't the Northe: Pacific alone at is concerned 1 of that line Pau srthern Pacifi 3 n unning e named ng 3 juire the rthern rn trans-conti- within and the 8- 11d be rasp of these twc tems Pa gther on the south with the B ately its Something else to throw a little light the situation: When Northern Securities Company being formed Harriman came me and offered me power of torney for f on the was to at- ye 1 would the Hz lines. 1 told him I didn’t want them. He urged me to consider the prgposition, which would give us control of the railwasy situatién from the Mississippi the Gulf of Mexico the south, the Pa- cific on the west and the international boundary on the north. 1 told Harri- man 1 was working for the deveiop ment of the northwest and would not and could not work in the interests of both Every morning a week he ewed the proposition. We didn’t accept it This plan will accomplish what was gought ther throwing the big lines of the West under common control.” FLIHU ROOT IS COUNSEL. hu Root, former Secretary of War, ved here to-day to take up his work with case to be before the United States Court 18 10 whether the petition the part of the Harrim for 1 ntervene in the settlement Northern Securities Company’s aflairs shall be denied or granted The first question consideration will be whether Harriman and Pierce vill be permitted to file their petition If that is decided in the affirmative, further proceedings in- the order may be had. If it is denied, it probably will end the proceedings, and the suit of the United States vs. the Northern Securities Company will stand as it did before the motion for leave to intervene was filed, The Supreme Court decision in the case of Minnesota against the merger & considered by the State's legal offi- cers as a virtual victory for the State, mithough it puts the litigation back ake sactions for in nnection the morrow the for » interests | regular | ! MACY THE MIN For S| Minnesota’s Anti-Merger Suit Must Be Tried in State Courts. WASHINGTON, April 11.—The Unit- ed Supreme Courty to-ddy ic th case of the State of MMne- ve. the Northern Securities Com- | and the Northern Pacific and Great Northern companies, involving | the validity of the merger of the two iroad companies, holdirg that it was ut jurisdiction and reversing the pinion of the court below Justice Harlan, who delivered the opinion, said Hv;’ the Circuit Court should not 'r'a\'fl‘ entértained jurisdiction in the case, the effect being to remand the case to the State o In delivering the opinion of the court Justice Harlan cited the facts bearing upon the crigin and history of the case, saying that originally the suit was instituted by the State in its own | court, but that before an opinion could be reached there it was on petition of the Securities Company transferred to | the Circuit Court for the District Minnesota, by which court it was dis- missed. Much controversy arose over the right to remove to the Federal court, and after hearing the case ar- gued once the Supreme Court Drrlered’ a second hearing on that point. Justice Harlan called attention to the fact that the proceeding was for the purpose of enforcing both the State laws and the Federal anti-trust act, saying that the Circuit Court could not have taken jurisdiction if only the State statutes had been involved. Taking up the Federal law and analyzing its pro- he said it was clear that the case did not belong to any of the classes visions, provided for by it It is,” he said, “not a criminal pro- ceeding, nor a suit in equity, in the name of the United States. to restrain violations of the anti-trust act, nor a proceeding in the name of the United | States for the forfeiture of property, {por an action by any person or cor- | poration for the recovery of threefold damages for injury done 1o business or property- by some other person or | corporation.” The contention that the case involved | proprietary interests of the State was |not allowed to influence the opinion. 1On that peint the court said in part: “The Injury on account of which the ent suit was brought is at most remote and indirect; such an in- s would come alike, although in flerent degrees, to every individual | owner of property in a State by reason { of the supprecation, in violation of the | &ct of Congress, of free competition be- tween interstate carriers engaged in business in such State. If Minnesota may by an original suit in its name invoke the jurisdictiop of the Circunit Court because alone of the alleged re- mote and indirect injury to its pro- prietary interests arising from the mere absence of free competition in trade and of | | commerce as carried on by interstate carriers within its limits, then every | State upon like grounds may maintain ame in a Circuit Court of the tates a suit against interstat: carrie: engaged in biusiness within their respective limits.” The court also refused to hold that | Minnesota’s dignity or rights as a State would be affected under article IV of the Federal constitution by permitting the stock of corporations of that State the gecurities company. Justice Harlan said the court did not think that the article had any bearing what ever on the question. He said in conclusion: “For the reasons stated we are the opinion that use the words of the act of 1875—really and substantially involve a dispute or controversy within the jurisdiction of the Circuft Court for the purpose of a final decree., That being the case the Circuit Court, following the mandate of the statute, should not have proceeded | therein, but should have remanded the case to the State court. “The'd€cree of the Circuit, Court Is reversed and the case is sent back with | directions that it be remanded to the | Btate court.” The opinion of the court was unani- | mous. of - ACT | Senator Patterson Would Eliminate Conditional Clause From the Bill. WASHINGTON, April 11.—Senator Patterson to-day proposed an amflend- ment to the sundry civil bill for the purpose of making an amendment to the Chinese exclusion act. He pro- posed striking out of the first section] of the act the words "so far as the same are not inconsistent with treaty obligations R A N Colonel Hancock Is Very Il WASHINGTON, April 11.—Colonel John Hancock, brother of the late General Winfield Scott Hancock, suf- fered a stroke of paralysis to-day at his country home at Collingswood, near Hyattsville, Md. Some months ago Colonel Hancock was similarly stricken, but the attack this time is regarded as much more serious than was the former one. ————— Congress May Attend Fair Opening. WASHINGTON, April 11.—Con- gress has been invited to atterid the opening of the Louisiana Purchase Exposition on Saturday, April 30. The invitation signed by President Francis was laid before the Senate and House to-day. ¢ Dbe held by an outside corporation, the suit does not —to | HARRIVANS ELECTION I [NEXPECTED May Go to Conven- . tion as Foe of President, Republicans Wonder Why * He Was Chosen by Governor. Odell. Railroad Man Is Regarded as Irrecon- cilable in His Opposition to Mr. Roosevelt. s Special Dispatch to The Call. é CALL BUREAU, HOTEL BARTON, | WASHINGTON, April 11.—Republicans in and out of Congress are astonished at Governor Odell's latest demonstra- tion of feeiing toward the President in having E. H. Harriman elected a dele- gate to the Chicago Republican Con- vention from New York. Harriman has beén the most active opponent of the President in the anti- Roosevelt propaganda, and his election as delegate over Representative Brad- {ley, who is a friend and supporter of | the President, goes far to revive (he suspicion here that the State of New York is doubtful. Harriman's grievance against the President similarly grounded to that of J. Pierpont Morgan and James J. Hill. They ali felt hurt at the action of the President in ‘directing the At- torney General to proceed against thc Northern Securities Company. Morgan has become reconciled to the election of Roosevelt and Hill is supporting Cleveland, but Harriman has been re- garded as one of the irreconcilables. He has said he would regar® the de- feat of the Republican party with equanimity. - e When the novement to defext My. [Reosevelt for, the momination started Iast fall Harriman was one of the lead- ers. With his great influemee in four transcontinental railroads he believed he could swerve many of the Far Western States. Harriman's opera- tions were promptiy known in Wash- ington and details were given to the President. The wave of popular en- | thusiasm for the President proved tou strong even in the districts controlled s agents and the Harri- dwindlea to insigmifi- by Harrima man opposition cance. ———— ODELL TO PRESIDE. Will Be Chairman of the New York Republican Convention, NEW YORK, April 11.—The Re-| publican State Committee met to- im;:hl for the purpose of arranging | preliminaries for the State convention | to-morrow. Senator Depew was se- lected to be temporary chairman of |the convention to-morrow and the | temporary roll of delegates as present- |ed by the State committeemen was adopted. This action seats the Fas- sett delegation from Seneca Count |and it is understood that an agree- | ment has been made whereby Con- | gressman Gillett wili take the place on tha State Committee now occupied by | Fassett. In view of this arrangement Gillett is to retire from the Congres- ional fleld. leaving it open to Fas- ett as the sole Republican candidate. wvernor Odell will be elected chairman of the State convention when it assembles to-morrow night. Governor Odell, Senators Platt and Depew and several other prominent party leaders held a conference this afternoon, at which the platform was discussed. The platform to be presented, while strongly indorsing the administrations of President Roosevelt and Governor Odell, will, withont going into details, point out the great benefits to the State and nation of Republican ad- ministration. The delegates at large to the Na- tional Convention will be Senator Platt, Governor Odell, Senator Depew permanent chairman of the commit- tee will be Sereno E. Payne, and the electors at large former Mayor Schi- ren of Brooklyn and George Urbar Jr. of Buffalo. —_—— MINISTER KIDNAPS HIS BABY AND IS ARRESTED Texas Clergyman Takes Child and. At~ tempts to Escape From His Estranged Wife, CLAY CENTER, Kan., April 11.— { Excitement was caused here to-day iwhen the Rev. John Jackson, a min- ister of Denton, Tex. kidnaped his own baby and made an attempt to es- cape with it in a buggy. He was cap- tured by the Sheriff after an exciting three-mile race, and the baby restored to its mother. No warrant was sworn out for Rev. Mr. Jackson, and no ac- tion probably will be taken against him. Mr. and Mrs. Jackson had sepa- rated and she recently ret - here to the home of her parents. Rev. Mr. Jackson arrived in the city to-day un- announced. Before going to Rev. Mr. Jackson was pastor of Euclid Avenue Methodist Church at Topeka. ‘While in that city he was en- gaged in the fight against =ained some notoriety, ) and ex-Governor Frank S. Black. The | PORT ARTHUR'S CAPTURE NOW THE MAIN FEATURE OF JAPAN'S LAND PLANS ‘LBrown> Men Must Seize Base in Manchuria. LONDON, April 12.—A correspondent of the Times with the Japanese head- quarters, sends the following, dated April 11, by wireless telegraphy ‘Weihaiwei: “At present information from the land front must be belated, owing to the distance of the existing sea base from the advance guard, but this will soon be remedied. “It is doubtful whether the long ex- pected engagement for the possession of the Yalu River will ever take place —certainly not unless the Russians | have been reinforced more heavily than information leads me to believe. was foreseen by the Japanese, my This be abfie to reduce the length of their. land communications b¥ the establish- ment of a more convenient sea base. It must be remembered that uniess the Japanese secure the north side of the Yalu with a new base by July, the land movements from Kbdrea will become practically impossible. "“The rainfall of summer is so heavy that ail the flimsy bamboo bridges will be destroved. This would indicate that it is not to the advantage of either belligerent to engage in a struggle in the vicinity of the Yalu. “The Russians desire to get the Jap- anese forces inland, with the hope of enveloping them, while the Japanese want to get inland becauseithe country affords a more suitable theater of op- erations. “As the time is short, an effort of the Japanese must be developed al- most. immediately.” According to a correspondent of the Times at Newchwang, who cables from there under date of April 8, the heavy rains have flooded the railways and blocked the roads throughout Southern Manchuria. The fleld telegraphs have been interrupted and the cou impassable. ' “ A corresnondent of the Times ‘at Se- oul, cabling under date of April 7, and hence their strenuous efforts to ! block Port Arthur o that they may | i RUSSIA'S R TIVE 'HE TROUBL ERAL MA. A AT FRENCH WHO HAS INTUSED LIFE INTO PORT ARTHUR'S DEFENDERS, AND GEN- | IME CHINESE COMMANDER. CAPITAL; ADMIRAL MAKAROFF. | DOLICE SAY 0E KILLED MISS PAGE Charles Tucker Is Charged With the BOSTON, April 1L — Charles L. Tucker was locked up in the East Cam- bridge jail this afternoon, after having been formally arraigned in the Waltham District Court to await his preliminary hearing on the charge of having murdered Miss Mabel Page of Weston. The hearing will be set for April 7 to which time the case was continued. Tucker pleaded not guilty to the charge and his manner supported his plea. His father, mother and brother were spectators in the courtroom, and sympathy for them was general. They try is | lovally support their eon’s plea of inno- | cence and say that they can prove an alibi for him. - The authorities apparently have not says: "It is believed that the Russians | been disturbed by this declaration of a north of the Yalu are not sufficiently numerous to withstand the Japanese advance for any considerable distance beyond the river.” e Koreitz Survivors Welcomed. SEBASTOPOL. April 11.—The ob- servance of Easter here was marked by a patriotic demonstration in honor of the arrival of the captain and other surviving members of the crew of the Russian gunboat Koreitz. Vice j Admiral Skrydloff, the commander of the Russian Black Sea fleet, in hand- ing them the cross of St. George, compared their exploits to the heroic defense of the Russians at Sebastopol. e Tl 2 Sl Praying for Victory. VLADIVOSTOK, , April 11.—The churches to-day were crowded in ob- servance of the Easter holiday with people praying for victory. Many of the ifihabitants who fled from Viadi- vostok to Khabarovsk, Eastern Sibe- ria, at the outbreak of the war are now returning. » % e ! War Néws Continued on Page 3, i possible alibl, and say that the case against Tucker satisfied them that they have made no mistake Professor Wood of Harvard has not yet made a report concerning the blood stains found on the clothing or regard- ing the internal organs that have been submitted to him for examination. Tucker's lawyers visited him at the jail to-night and had a long conference with their client: the young man is innocent of the chargy, and this feeling is shared by the neighbors of the Tuckers in Au- burndale. The latter admit they do not believe that his naturep was so perverted as to render him eapable of the crime. The police obtained much evidence which has not been made public and which probably will remain a seeret until it 18 produced in court. They do not expect to be called upon to make a complete presentation of their case at the hearing before Judge Luce, as they believe they will have little diffi- culty in putting in enough evidence to Justify the court in holding Tucker for the Grand Jury without revealing all of the evidence against him. They maintain that | MYST - e Colonel Greene’s Foe Finds Many f Frisnds. | Special Dispatch to The Cell { NEW YORK, April IL—James W. Goodman, the Arizona miner charged | with having threatened to shoot Colo- ' nel William C. Greene, president of | the Greene Consolidated Copper Com- | pany, was arraigned in the Tombs Po- i‘l!ce Court this afternoon an@ at the | request of his counsel the hearing was continued until Wednesday. Colonel | Greene had with him Former Assistant E District Attorney Schuman as his per- | sonal counsel, but Assistant District Attorney Garvan teok charge of the | case before the magistrate. [ From the gossip and the greeting of | friends of both men in the courtroom new aspects of the case were revealed. | 8. H. Rhodes, a copper operator of | S8an Franelsco, was in court and grest- ed Goodman warmly. By Goodman and his coursel and friénds it was de- | fied that Goodman had threatened Greene’s life. They sald that the story | had been circulated by Colonel Greene | and his friends for a purpose which | would be understood when the ecase came to tri They sald Colonel Greene knew that Goodman, like most’ miners, carried a pistol, and by having him arrested made it abpear that Goodman had threatened his life. “I cannot at this time reveal the facts ! in the defense,” said P. D. Luce, one of Goodman’'s lawyers, “but Goodman did not Press his revolver against Greene’s body as the colonel stated in his interviews, and in due time it wilk be understood why Colonel Greene was - S0 eager to get his statement printed i in the newspapers. There is a strange story back of all this.® | ‘Wall street gossips and cynics were laughing about the whole affair. They called attention to the fact that within the last two weeks Greene Consolidated Copper has advanced about 49 per cent. [