The San Francisco Call. Newspaper, September 27, 1904, Page 1

Forecast made Yoo ga @ | A cisco for thirty | 9| midnight, September 27: | 4 San Prancisco Fair; northwest wind. NO FORGER 1N THE TOILS Alonzo J. White- man Arrested in St. Louis. Bankers Rejoice Over Cap- ture of Former Mayor of Doluth. THE WEATEIR. | warmer Tauesiay; G. H. WILLSON, Local Forecaster, | Temporarily in Charge. | at San Fram- | nours ending and vicinity— fresh SR 2 R 119 SAN CISCO, TUESDAY. S Grand—“York Tivoli—'“The Aloasar—Soldters of Fortua¥s’ Californias — “By .. Right of Central~The Panites.” / Chutes—Vaudeville. Columbia—“Wizard of 0z."” Pischer's— Miss Mazuma." Majestic—"“Captain Barrington.” Orpheum—Vaudeville. State Polks.” Serenade.” = EPTEMBER 27, 1904. PRICE FIVE CENTS. PARKER'S DECISIONS ON TRUSTS Rulings That Make Fasy the Way | {0 MOI]ODO]Y. DestructioMmpetition'l Not Regarded as Vio- lation of Law. f ESHEE TR Prisoner 3 Columbia Law School Gradusie and Once Rated 2sa Millionaire. e Cal Sept. 26.—Believing nzo J. White- leader of a used enor- the Amer- was to-day of its Hotel name the banks in g for lumbia Law from is well this city. he went to Du- began to practice elected Mayor of that to the Legislature. | ive politician and was rman of the Demo- 1 Committee. Sue~ = wventures, he some reputed to be worth but he lost his and became the professional was sent by the Pinkerton men assisted police of St. whose secured a new a techni- St. Louis where he tmprison- i to appear. —_——————— “SUICIDE WHILE SANE” IS VERDICT OF LONDON JURY | Inquest Is Held Over Remains of George Alexander Davis of Bos- imself. The inquest | | 1 | { s of George Alexznd‘r} Who Killed H , who was found September 23, 3 rdict of “sui- Tt transpired that ictim, that he | that he | sngland | | off the morphine habit | again be- | letters | ble to cure lnm-{ he had de- cide. This he | his arm with g razor d then enipping the artery h a r of scissors, after taking a hypo- | tion of morphine. Davis | rs old. ‘K s TP IL A | SURETY COMPANY SUPPLIES | BAIL FOR “ " PATTERSON | Actress Charged With the Murder of | “Caesar” Young Wil the Tombs. Leave | leased from the | orrow is certain, | tement made, to-day | t friends. of Washington, has been It was | wealthy AcCtress mer. hat i became con- | n was not | ed—the mur- | in a hansom i agreed to as- | pulating that | t be mentioned. 20,000, it is said, well-known city. > VESUVIUS IN STIL ACTIVE MOUNT ERUPTION x5 Funicular Railroad | it and on Pompeil Side | Sitnation Is Threatening. | CAPLF Ve 6.—The eruption continues and al- | hat decreased, it | 4 its vivid- 1 ed by the! ¥ ound the | vk re-ejected with | shakings and explosions, | making it if the whole| mountair from top to| bottom railroad res- | taurant has be 1maged by the flow | of lava. On the apeii side the| eruption is very eatening and a great —ouantity of ashes is bem‘j ejected Trend of Opinions Handed Down by | the New York Jurist and ! , His Associates. ——h Special Dispatch to The Call | NEW YORK, Sept. 26.—George B. Cortelyou and his associates on the Re- publican National Committee to-day attacked Judge * Parker's record on trust decisions. - In an interview given for publication William Dudley™ Foulke of Indiana, formerly Civil Service Com- b mer under President Roosevelt, in part: udge Parker declares the common principles can be applied by the s law United States courts to trusts in cas involving interstate commerce. It is, therefore, interesting to inquire what are these common law principles, as in- terpreted by Judge Parker himself and by his gssociates on the bench of the Court of Appeals. “The Court of Appeals has some- timés been extremely liberal in allow- ing individuals and corporations to combine in such a manner as to control trade In Wood vs. Whitehead Bros. Company the opinion of the court, in which Judge Parker concurred, says: ‘Contracts between parties which have for their object the removal of rivals and competitors in business are not to be regarded as contracts in restraint | of trade. They do not close the field | of competition, except to the particular | party to be affected. To say at the| present day that such contract as was { Made in this case-was afiected by pub- lic interest and was a matter of pub- lic concern would be unreasenable.’ “Under such a view of the law it| would not be a difficult matter for any | trust to eliminate competition, even | without buying the plants and property of its competing rivals. It could make | agreements with such competitors and | thus acquire an ultimate monopoly. “In another case, where the terms | of a contract were particularly fla- | grant, Judge Parker decided against an agreement creating a monopoly. Reconciling these authorities, it may be | said that, under the law as established by the Court of Appeals, trusts are re- quired to observe certain skill as to the forms of their consolidations; but, if they understand how to do it, combina- tions to control trade can be made with impunity. It is easy to see why the nomination of Judge Parker has been | satisfactory to many of the trusts.” . it BOYS TRY 10 WRECK A TRAIN Pile Wood and Rails on Tracks Near Crossing. —_— UKIAH, Sept. 26.—Several attempts have recently been made to wreck the Willits train, but no trace of the cul- prit could be found until last week | when Detective Powers was put to work on the case. He succeeded in | getting a confession from Henry Clay | and Willlam Van Bebber, two boys, aged about 16, that they had placed rails and wood on the track near Lahm's Crossing, a very dangerous place. < | The boys were taken before Judge | Kenworthy, who set their trial for Oc- tober 30, and released each of them on $500 bonds. | The last attempt to wreck the train was made Friday evening when the up train was leaving Willits. Fortunately | the engine knocked the debris from the | track. i ——,—— NEGRO TELLS STARTLING STORY TO THE OFFICIALS Celored Man Who Warned Family of 1 Poisoned Food Tries to Blame Master's Son. LEXINGTON, Ky., Sept. 26.—There were many sensational developments to-day in the case of the attemptea poisoning of the family of Judge H. Mulligan here last Satur- day. The negro, Louis Mitchell, who was arrested immediately after telling the | family not to partake of the baked salmon which he himself had served, made a confession Sunday afternoon to Judge James Mulligan, his son, Den- nis, and Chief of Detectives Marshall, in which it is said he accused the Judge’s son, James Mulligan, at pres- ent in Chicago, of employing him to put poison in the food. The latter denied the charge by telephone and is expected here to face the negro. | Depu | gram COURT SETS | ASIDE 1AW OF NATIONS Fines a Secretary of the British Embassy. —_— Contempt and Fast Auto- mobiling Agitate a Police Judge. MO LIRS State Department Hastens to Make Amends for Breach of Inter- ] national Ethics. Special Dispatch to The Call, WASHINGTON, Sept. 26.—The atten- tion of the State Department has been‘ called by the British charge here to the | action of a Special Justice at Lee, in fining Hugh Gurney, third | ary of the British embassy, for fast driving with an automobile and contempt of court. The details of the incident had been conveyed to the Brit- | ish charge by Mr. Raikes, first secre- tary of the embassy, who is at Lenox. | Third Secretary Gurney was to-day | fined in the Police Court at Lee on | two charges. For contempt of court he was fined $25. A similar fine was imposed in the case charging him with speeding his automobile in Stockbridge Sunday. Gurney, when arraigned, positively refused to plead, claiming that as he third secretary to his Britannic Majesty he could not under inter- national law be arrested or held for any crime.” Special Justice Phelps said he did not recognize international law in his court and informed the defendant that he must enter a plea. Gurney persisted in his refusal. Then a fine was imposed for contempt of court. Gurney did not have in his possession sufficient money to pay the fine and he was_committed to the charge of the officer who made the arrest. The offi- cer accompanied Gurney to Lenox, where the money was secured. STATE DEPARTMENT ACTS. The State Department immediately transmitted Raikes' telegram, in sub- stance, to the Governor of Massachu- setts with the request that he do what- ever might be necessary to secure the diplomatic immunity of Gurney. It is believed at the department that the matter may be far more serious | than the local officers at Lee seem to| regard it. In the first place, by consti- | tutional and statutory laws, the per- sons att ed to an embassy are ex- ieved from any legal re- ility, and the exemplification even extends to domestic servants. Sec- tion 4063, Revised Statutes, declares that any writ prosecuted in any court of the United Stat of a State or by any Judge or Justice intended to cause the arrest and imprisonment of any public Minister or his servant shall be void. The succeeding section, 4064, Revised Statutes, provides that every person by whom any such protest is ob- tained or prosecuted, whether as party or attorne and every officer concerped in its execution “shall be deemed a Vio- lator of the law of nations and a dis- turber of the public repose and shall be imprisoned for not more than three years and fined at the discretion of the court.” PROMPT REDRESS REQUIRED. It will remain for the Governor of Massachusetts to take initial action in this case, which will require prompt redress. The last important precedent occurred in 1892 at the picnic resort of Bay Ridge, near Baltimore, when Dr. George, an attache of the Bwiss lega- tion in Washington, was arrested by a v Sheriff on the charge of being a pickpocket and was searched and otherwise treated in a humiliating manner by the local authorities. The State Department secured his release at an early moment through the Gov- ernor of Maryland, who also caused the dismissal of the offending deputy and extended an apology for the incident. Though the Swiss Minister might have pressed further punishment, he ac- cepted what had been done as suf- ficient, but the matter was deemed of such importance that he could not give this notice to éur Government until the Swiss Federgtion Council had for- mally considered the case and ex- pressed itself satisfied. » IRISH REFORM SCHEME IS STRONGLY OPPOSED Unionist Alliance Condemns the Dub- lin Proposition as Being. Dangerons. LONDON, Sept. 26.—The executive committee of the Irish Unionist Alli- ance to-night issued a statement re- garding the plan formulated by the committee on organization of the Irish Reform Association, which was adopted at a meeting of the associa- tion at Dublin on Friday. The state- ment says: “The Irish Reform Association is in no sease representative and the pro- e adopted by it is altogether contrary to the principles which have always animated the great body of Irish Unionists.” The committee condemns all the propositions of the Irish Reform As- sociation as dangerous and holds that “safety for the Unionists lies only in equal treatment for every part of the United Kingdom.” The programme of the Irish Reform Association contemplates the _consti- tution of an Irish Financial Council to administer the $30,000,000 expended annually on Irish service. ———————— Lady Curzon Improving. WALMAR CASTLE, Sept. 27.—The oxygen treatment of Lady Curzon is being continued, but the oxygen is ad- ministered in less quantities and the patient is taking nourishment better. REPUB LICAN LOCAL CONVENTION - NAMES ITS CANDIDATES FOR THE Choice of Districts Is Unanimously In- dorsed. The Republican Local Nominating Convention, consisting of 242 delegates, met at Pioneer Hall last night and — BENCH, SENATE AND + CHAIRMAN OF THE LOCAL REPUBLICAN CONVENTION AND THE FOUR MEN IT NAMED !35 ASSEMBLY Call for a Vote on Judges Creates Excitement. — . » fore the convention be taken up as fcllows: Report of the convention on platform * JUDGE! FRANK W ERRISAN) JUDGES OF THE SUPERIOR COURT. | — K nominated judicial and legislative tick- ets. The n'nly jar of the session grew out of the failure or refusal of the chair- man, George A. McGowan, to recog- nize the leaders of the Thirty-fifth As- sembly District, who desired to_enter a protest against the nominatioggof D. W. Burchard for Superior Judge.” John D. Daly and John S. Partridge of the Thirty-fifth demanded a call of the roll by districts, but no attention was paid to” the demand by the chairman, who promptly : entertained a motion that the ballot of the convention be cast for Troutt, Kerrigan, Gallagher and Bur- chard. Just before the work of the conven- tion was finished John D. Daly from a position on the floor but a few feet dis- tant from the platform addressed a few words of a personal nature to the chairman, adviging the later to reflect on the incident that he had by his rul- ing deprived one delogation of Repub- licans of ‘the right to be heard. The paragraph in the nlatform in- dorsing the constitutional amendment creating am intermediate court was added in pencil to the original draft of the platform. - Nominations for the Su- perior bench and the Legislature, as | forecasted in The Call, were made. There was some agitation in the Forty- fourth Assembly District in favor of naming Jacob Steppacher for the As- sembly, but Jacob Shaen could not muster force enough to smash the slate on which the name of Mel Vogel was inscribed. In the Thirty-second As- sembly District there was some hesi- tancy in the nomination of Patrick J. Boyle of the Potrero, but at the finish he was acclaimed the nominee, Union Labor party nominees of the Seventeenth Senatorial and Twenty- eighth and Twenty-ninth Assembly dis- tricts were indorsed. Richard J. Welch, Nineteenth Senatorial District; George B. Keane, Twentv-third, and John H. Nelson, Twenty-fifth Senatorial Dis- trict, have the regular Republican nomination as well as the Union Labor indorsement. — /CONVENTION GOES TO WORK. Thomas D. Riordan Calls the Repub- lican Delegates to Order. Thomas D. Riordan, chairman of the Republican County Committee, called the convention to order at 8:45 o'clock. Fer some minutes noise and confusion prevailed, but Riordan’s insistence that the business of the couvention would not be taken up until quiet prevailed had the desired effect, and the dele- gates settled down. "The call of the roll developed a full attendance and Chairman Riordan im- mediately called for nominations for temporary chairman of the convention. John S. Partridge of the Thirty-fifth Assembly Bistrict took the platform and placed in nomination George A. MeGowan of the Forty-second District. Mr. Partridge pointed to the fact that the work before the convention was not_ great, but it was important and that such convention needed a strong hand to direct its deliberations. He then presented the name of McGowan, who was elected by acclamation, « Mr. Partridge and George R. Wells ware called upon to escort Mr. Me- Gowan to the platform. Upon reaching the platform Mr. Wells took advan- tage of the opportunity to introduce NOMINEES OF REPUBLICAN CONVENTION FOR JUDGES OF THE SUPERIOR COURT. James M. Troutt. ¥rank H. Kerrigan. James L. Gallagher. D. W. Burchard. Seventeenth District—Frederick FOR STATE SENATE. A. Markey. Nineteenth District—Richard J. Twenty-first District—E. I. Wolfe. Twenty-third District—George B. Keane. Twenty-fourth District (unexpired term)—Philip J. Haskins. -+ Twenty-fifth District—John H. Nelson. FOR STATE ASSEMBLY. Twenty-eighth District—Willlam Mindhan. Twenty-ninth District—John A. Culien. Fhirtieth District—Francis McNamara. | Thirty-first District—Jeremiah Lucey. | Thirty-sccond District—Patrick J. Boyle. Thirty-third District—Fred J. Meinke. | Thirty-fourth District—Fred V. Severance. Thirty-fifth District—E. F. Treagwell. Thirty-sixth District—Eugene E. Pfacfile. Thirty-seventh District—Fred C. Thirty-eighth District—Samuel Beckett. Thirty-ninth District—Thomas E. Atkinson. Fortieth District—Gus Hartman. Forty-first District—Nathan C. Coghlan. Forty-second District—George A. McGowan. Forty-third District—Marc Antheny. Forty-fourth District—Mel Vogel. Welch. Jones. Forty-fifth District—Louis Strohl. - SRS Mr. McGowan, and Chairman Riordan, | Tonningsen, Willlam J. Young, Willlam who was prepared to fill this im- | Loewi, J. B. Whitney, Edward Kelly, C. L portant office, had to stand aside and | Barsotti, P. M. Gopcevic, W. S. Hanley, look astonished during the ceremony. A smile spread over the faces of the delegates, as Wells, his task completed, left the platform. McGowan, address- ing the convention, said: T thank you sincerely for the honor you have bestowed upon me and beg leave to assure you of my gratitude. &hough a young man I am and always have been a_ Republican, not be- cause my parents were Republicans, but be- cause my own research and observation have led me to believe that the measure of prosperity of the nation is always mauged by the as- cendency of Republican principles. ACHIEVEMENTS OF PARTY. Mr. McGowan then directed his re- marks to the achievements of the Re- publican party and a,recital of the career of President Roosevelt and the influence his policy has had in histor- jcal events. of recent years. At the conclusion of his address nominations for secretary were called for. J. B. Sykes was named for the office, but opposition to his candidacy developed in the Thirty-fifth ana Thirty-sixth districts, which favored Harry Hall for the office. A rollcall resulted in the election of Sykes, but upon motion of A. Reuf, Hall was named assistant sec- retary. Motions that committees of nineteen, one from each assembly district and one at large, be appointed on creden- tials, permanent organization and or- der of business and platform and res- olutions prevailed, and the chair ap- pointed the following: Credentiale—Charles Kaufman (chairman), w. J. Frank Quigs, E. Roach. enry Peterson, B. P. Lagrave, H. W. Bra- - Robert Strahle, Clive A. Brown, John ‘Thomas H. Lindsay, John Christenson. Permanent organization and order of busi- ness—Theodore Lunstedt (chairman), Ed Haughey, Max Krowe, Joseph Bertram, T. C: Duff, P. J. Mahoney, James Sheridan, LA O'Brien, R. L. Hathorn, John Wessling, Al Lewald, . C. Morris, P. McGushin, B. D. Pike, Charles Son, D. R. Dunbar, Jerome Bassity, J. . Boyce, Joseph Barbetta. Platform and resolutions—L. S. Beedy (chairman), M. M. Miller, Joseph Goddard, H. J, McMahon, Robert McMichael, James F. Kelly, Peter Menjou, B. F. Jones, A. Me- Pherson, Adam Beck, 8. Bloom, D. A. Rya .Luw Liechti, A. H. Powers, J. C. Cuglrr: George R. Wells, Walter Brann, X Smith, Frank Marini. v i COMMITTEES REPORT. The Committee on Credentials soon returned and recommended that the rcllcall as certified to the County Com- mittee by the Registrar be recognized as the rollcall of the convention. The recommendation prevailed. The Committee on Permanent Or- garization and Order of Business rec- ommended that the temporary officers of the convention be made permanent; that P. A. Bergerot of the Thirty- eighth Assembly Gnuarini of the Forty-third District be made vice chairmeg of the convention; that E."J. Curran of the Twenty-ninth District and J. W. Felt of the Thirty- first District be made assistant secre- taries; that John A. Conroy of the Thirty-third District be selected ser- geant at arms and that John O'Con- nell, J. D. Grant and Thomas Horan be named as assistant sergeants at arms. As to the order of business, the com- mittee recommended that the work be- District and A. A.| and resolutions;: nomination of four candidates for Superior Judges; report of district nominations for Senate and Assembly; appointment of a commit- tee of five to fill vacancies: appoint- ment of an auditing committee of five on purity of elections. CANDIDATES SPEAK. While the committee on platform and resolutions was preparing its re- port the chair appointed Thomas D. Riordan and Henry Ach a committee | to escort Julius Kahn and E. A. Hayes, | Republican nominees for Congress, to | the platform. Hearty cheers were 1 given for both candidates. They were called upon for speeches and for some time they entertained the convention with a discussion of the issues of the | campaign. Mr. Hayes pointed out that | no people should give the Republican | party more loyal support than those of California, for upon the maintenance of Republican pelicy, including the reten- tion of the Philippines and the comple~ tion of the Panama Canal, the future | prosperity of the West largely depends. At the conclusion of Mr. Hayes' ad- | dress the committee on platform and resolutions announced that it was ready to report. The platform, which was read and adopted by the conven~ | tion, is as follows: can Local Convention: We, your committes on platform and res- olutions, respectfully recommend the adoption of the following platform: The Republican party of the Francisco County of San represented tocal convention at San Francisco, this 28th day of September, 1904, hereby the following piatform and declaration of prin- ciples for_the ensuing campalign: nnlzd-w:dn;‘n&n:ons and affirm the plat- form adopt National bltcan Con- vention at Chicago on June n‘s«. and that adopted by the State Republican Convention at Santa Cruz on August 26, 1904 B of them and to the policies and principies { which they stand the undivided support the Republican party of San Francisco. NOMINEES INDORSED. Third—We indorse and approve the action | of the Republican conventions of the Fourth and Fifth Congressional districts in nos for Representatives in Congress those guished and sterling Republicans, Julius Kahn and E. A. Hayes, who will again give to San Francisco in the Congress of the nation the dignity, abllity and integrity of representa- tion to which as the chief commercial and industrial city of the West she is justly en- titled. We pledgs our cordial and active support to the Republican nominees In thess Con- ressional districts. T Fourth—We pledgs our nominees for the of- fice of Superior Judge to a fair and just con. | sideration of every question and interest ‘which may come before them and to a speedy de termination without fear or favor. and withour regard to party, class or station of every controversy which they may be called upos to_decide. Fifth—Our candidates for the Legislaturs we pledzs to a faithful and consclentious consid- Sration of all matters of legislation coming them. B ethWe favor falr and fmpartial treat ment of the various problems arising out of the relations between capital and labor, em ployer and empl giving both sides equa | 384 fust consideration. We favor Iberal an¢ Eenerous treatment of eur public school sys e C'SVe favor the construction and main temance by the State of a proper /chool building at San Francisco in pl e ramshackle makeshifts whic 4o auty for that purpose. We commend the administration of the San Francisco Stawe Normal School and the efficiency of its cours 0 tion. of instrue A eventh—We favor the Continued on ®age 3, Column 3, v ——