The San Francisco Call. Newspaper, January 7, 1905, Page 1

THE WEATHER. ff Forecast made at San Francisco for |ggf thirty hours ending midnight, Jan- P = Y San Franci and ! weather Saturday, . ! i | | { vielnity—Cloudy pos- A. G. McADIE, District Forecaster. - HERRIN 70 ~ KEEP OFF " Knight and Flint Say .- They Are Not Hereto Confer. TLOE ST “Declare They Have No In-| tention of Seeking Aid | of the Railroad, Evidence That Southerners Will Not: Unite on Bard Seems to Be Accumulating. —e Henry T. Oxnard, Frank P. Flint and . George A. Knight, candidates for Unit- ‘ed States Senator, came from Sacra- mento yesterday and were at the palm court of the Palace Hotel last evening, exchanging views on the Senatorial sit- . uation. Th will return to the capital to-morrow evening and actively renew for the honor of represent- in the United States “the bat ing California nate. . Co n rumor or expectation that * the candidates came here to confer " with W. F. Herrin of the Southern Pa- law department is not admitted, on the contrary is promptly denied ch and all A. Knight, when asked if he seen Herrin, replied promptly: “I rived here this morning and have not ‘seen Mr. Herrin, except to say ‘Good- * on the street, and do not expect to e him or confer with him. I have no son to doubt his assurances that he will keep ‘hands off’ my fight for the - 'Senatorship, and I am confident that I < will win.” ing to a question similar to ed to Knight, Frank P. Flint replied: “I have not seen‘or equ- . ferrsd with Mr. Herrin, and have 30 intention of sesking an interview. All that 1 expect of him is that he will Keep ‘hands oft’ the Senaterial con- E I am confident that I will be ected Senator if the influence of the railroad is not cast in favor of some other candidate. I shall return to Sac- ramento to-morrow night and renew .my efforts to achieve success. I shall appeal for support on my merits and record. 1 will make a straightforward, - open contest for the favor of the Legis- * lature. If Mr. Knight wins or Mr. .Fisk wins or Mr. Bard wins I will of- fer the winner my congratulations on his success. I do not intend that this ' contest shall mar the long friendship “which has existed between Mr. Knight and myself.” OXNARD A FREE LANCE. - Henry T. Oxnard is not suspected of ' taking orders from any department of *.the Southern Pacific. In'a sense Ox- nard is a free lance and may make the Beriatorial contest decidedly breezy be- fore it draws to a finish. He says that the tremendous majority which Call- fornia gave to President Roosevelt inust’ be accepted as a great popular demonstration in favor of the Presi-, "deént’s vigorous policy to curb the grasping trusts and railroad corpora- tions of the country. Oxnard distinctly Aavows that he will stand by the Presi- dent in the fight of the administration galinst the exactions of the transporta- tion- companies. The question is asked: “Has any other candidate the nerve to announce to a Legislature that is ‘. Jooking for a raliroad sign that he will stand ‘'by the people and the President 4An a war to regulate the transportation companies?” : 'Oxnard is sure that the Southern Cal- ifornfans cannot unite on either Bard . or Flint, and he would not be surprised it himself and Arthur Fisk would go - %o the front at the finish. Oxnard hopes hat Fisk will prove to be a good loser. * The "assertion is freely made in the :.Oxnard camp that Flint, at the begin- ning of the Senatorial campaign was n out and out supporter and adviser Oxnard. Thomas Hughes of Los Angeles and -Frank J. Brandon of San Jose, repre- ‘eentatives of the Bard column, came in rom Sacramento last evening and will return to the capital ecity to-morrow. are somewhat vexed by what they C gr authentic reports that Speaker Prescott, in handing out committee chairmanships, Is seeking to advance the fortunes of Flint. The story is told hat- Assemblyman Moore of San Joa- quin was bluntly advised by the Speak- ertoget on the Flint end. FIGHTING RAILROAD. It’is doubtful if the Southern Cali- fornia forces can ever be brought to- ether in solid support of either Bard :bu by € THE THEATERS. ALCAZAR—"0ld Heidelberg." CALIFORNIA—*Yon Yonso COLUMBIA—"Sultan of Sulu.”” CENTRAL—*Child Slaves York."" of CHUTES—Vaudeville. FISCHER'S—Vaudeviile. GRAND—""The AJESTIC—" King Matinees at all thea Dodo." ters to-day. PRICE ' FIVE CENTS. \TTORNEY JERONE I NOW ANGRY Loses an Important, Witness in Dodge- Morse Case. e S J Wife of Banker Gelshenen Unexpectedly Sails for ! Europe. Lawyers Suspected of Having Ad- vised Her Departure Will Be Sum- moned Before Grand Jury. Spectal Dispatch to The Call. NEW YORK, Jan. 6.—While District Attorney Jerome has been searching for Mrs. William H. Gelshenen! a banker’s wife, whom he wants as wit- ness in the Dodge-Morse case before the Grand Jury, she has been on the high seas, having sailed last Tuesday gn the Kaiser Wilhelm der Grosse In notifying Jerome of the fact, through a public statement, James M. Beck, Mrs. Gelshenen's attorney and former Assistant United States Attor- ney General, severely criticized the District Attorney for making public on Thursday night a letter he had written to Mrs. Gelshenen. Beck declared that “if such a method is to be followed the reputation of no woman in New York, however reputable her character may be, is safe.” “The legal fraternity of New York ought to make up their minds that this office is a live wire,” retorted Jerome. “The voltage is very high and if any- body tries to take it in his hand he is very likely to be short-circuited:t. Although Jeromé* woild it there 48 a strong ‘probability that will be called to appear before the Grand Jury on Monday and will be asked tg explain why, according to the information of the District Attorney, Mrs. Gelshenen changed her mind and sailed for Europe last Tuesday instead of to-day as originally planned. Samuel Untermeyer, who has repre- sented Charles W. Morse, is also likely to be called on the same mission. As- sistant District Attorney Rand made a statement yesterday that Beck was Unternreyer's guest at Yonkers on Sunday: that Beck had the letter ad- dressed to Mrs. Gelshenen on Monday and that her plans were at once changed so that she left the country BEEF TRUST HAS INNING 1N COURT Argument Presented Before Supreme Tribunal. _ R ORI Held Suit Is Unprecedented Interference With Business. et Judge Holmes Interrupts Case to State He Is Interested in Other Stock- yards Not Involved. e WASHINGTON, Jan. 6.—Argument in the case of Swift & Co. vs. the United States, known as the beef trust con- spiracy case, was begun before the Su- preme Court of the United States to- day by Attorney John S. Miller of Chi- cago in behalf of the packers. He at- tacked the bill of the Government as insufficient in its failure to allege facts necessary to constitute a cause of ac- tion, and said that the charges made were not facts, but conclusions of law; that the commerce charged was not in- terstate nor foreign commerce, and that even if it were interstate commerce the facts given constituted no violation of law. He said that an injunction had been prayed for and secured from the United States Circuit Court for the Northern District of Illinois under the Sherman anti-trust act. He contended that the case presented an interference in busi- ness such as never before had been un- dertaken. The charges, he said, were of the most general character and did not specify time and place. b n leve, therefore, thal m ‘&%qif:’na -.:'xiul. and Heé quoted the indictments in the whisky case to show that charges much more specific than were here made had been regarded as insufficient. FEARS COURT CONTROL. “It is alleged,” interrupted Justice ‘White, “that your clients’ agents com- bined to refrain from bidding in order to put prices down, and agaln agreed | to put them up. Do you think there should have been a specification of hour and place?” “Yes, your Honor,'s responded Miller. “If the Government had the facts why should it not have given them?” “Did you ask for a bill 6f particu- the next day. Mrs. Gelshenen was one of the wit- nesses upon whom District Attorney Jerome relied to indict prominent so- clety people for alleged perjury and conspiracy to obtain a divorce. ————— GERMANS AND HEREROS HAVE NEW YEAR’S CLASH Natives Routed by Kaiser's Troops After Fierce Fight in South- ‘west Africa. BERLIN, Jan. 6.—Four companies of German infantry, one of cavalry and half a battery of artillery in Ger- man Southwest Africa spent part of New Year’s day in a flerce fight with insurgent Hereros that ended in a bayonet charge through the under- growth and the rout of the natives. Lieutenant General von Trotha, in lars?” inquired Justice Harlan, and Miller replied in the negative, saying that the defendants had filed a de- murrer in the case. Miller said that if the packmy indus- try could be interfered with as pro- posed in this case, the manufacturing industries could:be similarly regulated, and “thus you will find,” he added, “the Federal courts regulating a con- siderable part of the commerce of the country.” He contended that there was no in- terstate commerce involved, because the business of the packers, including the purchase of cattle and the sale of meat, was confined entirely to Chicago. Explaining the economic condition, Miiler saild the demand for fresh meat was fairly uniform, and owing to the necessity for maintaining a proper sup- ply of an acceptable article, he said, there should be some understanding telegraphing the news, did not give the number of killed or wounded on either side, but says the natives lost heavily. —_—— SNOWBOUND PASSENGERS SUFFER GREAT HARDSHIPS HALIFAX, N. 8, Jan. 6.—A Nove Scotfa Central train, “which left Bridgewater on Tuesday, arrived to- day after having been snowed in near Alpena for forty-eight hours, during which the one hundred passengers suf- fered Intensely from cold and hunger. B simply rated as a deserter, who will be Jjudged by the people of San Bernar- dino County. Fallure of the south to agree on Flint, Bard or Oxnard may cause the name of U. 8. Grant, ex-Congressman R. J.| Waters and Congressman-elect §. C.| Smith to be considered at the peace! conference to be held in glcn.mento] next.Monday or Tuesday. It is said lfl! the general gossip of the situation that) the Bard votes of the north cannot ve transferred to Flint or Oxnard. Belief Is expressed that they would scatter, | some going to Knight and others to Fisk, in the event of failure to re-elect Senator Bard. It is clearly the purpose Flint. Men of the south who wear ‘he raiiroad collar are instructed or ad- | Bard and if possible drive him frem |from Naples and Perugia among the packers. This was, he said, perfectly legitimate, and the Govern- ment itself might properly assume the supervision. The cattle supply was not so regular as the demand, and to this fact Miller attributed the fluctua- tion in prices. HOLMES HOLDS STOCK. At the beginning of Miller's present- ation of the case he was interrupted by Justice Holmes, who said he held stock in the Union Stockyards in Chi- cago and also in the Kansas City yards, and inquired if they were involved in the case. Miller replied that they were not. ‘When Miller concluded Attorney Gen- eral Moody began. It was idle, he said, to discuss the contention that the charges of the bill are not connected one with another. Be that as it may, he added, the purpose of the suit was single, and all the separate parts of the bill were interdependent for the accomplishment of that end. He also maintained the constitution- ality of the bill, and asked for the books of the packers. Moody had scarcely begun when the court ad- journed until Monday. —_———— . Minister Tittoni Is Improving. ROME, Jan. 6.—Dr. Mazzoni held C0LORADOS LAWMARERS TURBULENT Exciting Scenes At- tend the Joint Session. LS ot ] House Speaker and Lieu- tenant Governor Both Claim the Chair. Pandemonium Reigns When Ruling + of One Presiding Officer Is Set Aside by the Other. ——— DENVER, Jan. 6.—Behind locked doors and amid scenes of great confu- sion and excitement the Colorado Leg- islature to-day passed a resolution cre- to canvass the vote cast’ for Governor | at the last election and sibmit a report to the Legislature not later than 2 o'clock on the afternoon of next Mon- day. The .committee is composed of five Senators and ten Representatives, the political division being twelve Republicans and three Democrats. It organized this afternoon by the election | of Senator Arthur Cornforth of Colo- { rado Springs as chairman and will com- mence the hearing of evidence to-mor- row. The trouble began with the first ses- sion of the joint session and contlnued | until its close. It was expected that there would be a contest over the re- spective rights of Speaker Dickson and Lieutenant Governpr Haggott to pre- side ovep the joint jonn. The Speaker based his: opinion t it was his right to preside on a section of the State con- ‘stitution which says théaSpedker shall ‘open "And piblis - turns in the presence of a majority both branches of the Legislature. Lieuten- ant Governor Haggott construed = his right to direct the proceedings on a statute which declares that in conduct- ing any contested election the General | Assembly shall convene in joint session and that the President of the Senate shall preside unless he is the contestee. Legal advice was given to each gen- tleman that his position was correct. PANDEMONIUM REIGNS. Lieutenant Governor Haggott .was assured that the wording of the statute amply covered the case. Speaker Dick- son was advised by his attorneys that the proceeding was not officially known to be a contest, and that a provision of the State Constitution always over- rides a statute when the two are in conflict. When Lieutenant Governor Haggott mounted the rostrum Speaker Dickson was standing in front of the center of his desk, and did not move. The Lieutenant Governor advanced, the two men smiled, bowed, shook hands and then stood gazing into each other’s eyes. Neither man made move and their features hardened as they realized the situation. Together they turned to face the Assembly, the Speaker behind the center of the desk, the Lieutenant Governor at his left hand. Gently edging up to the Speak- er, Lieutenant Governor Haggott gave him 'a gentle “hunch” with his shoul- der, as if to shove him along. The Speaker was immovable. The gentle “hunch” was repeated and still the Speaker held his ground and brought down his gavel with a thump. “The clerk of the House will call the roll,” he sald. Bang! went the gavel of the Lieuten- ant Governor. He is a powerful man physically, and every time he brought his black gavel down the pitcher of ‘water on the Speaker’s desk trembled and the tumblers bumped and jingled. *“The clerk of the Senate will call the \roll,” he shouted. SCENES OF CONFUSION. Clerk Harper of the House and Sec- retary Farwell of the Senate began to call their respective rolls, while great confusion arose in the House. Mem- bets laughed, cheered and shouted, while Representative Street, a Demo- crat, gave vent to the cowboy yell, “Yip, yip, ¥ip!” A few names had been called when Representative Fre- wen, a ‘“Wolcott Republican,” shout- ed: “Mr. Chufl?m!" “Mr. Frewen,” responded the Lieu- tenant Governor, “you are out of or- der.” “Mr. Frewen,” shouted the Speaker, “you have the floor.” » “Mr. Frewen,” sald the Lieutenant Governor. Bang! gavel; bang! boom! went the Speaker’s boom! went the gavel of the railroad machine to hammer (a consultation to-day with specialists | of the Lieutenant Governor. nd con- d to fight Bard to the finish. The | the field, although Flint, Knight and|cluded that Foreign Minisfer Tittoni, ependent Republicans of Los An-;Oxnard all agree that Bard is a man|who was believed to have been strick- A such as General Otis, Thomas|Of high character, independent, selt-|en by apoplexy Wednesday while with Hughes and R. N. Bulla, would rather | reliant and in every sense a stalwart'a hunting party at Magione, near Pe- see a northern candidate succeed than Wwitness the success of a railroad can- didate. It was remarked by Hughes last evening: “The anti-machine ' Republicans of the south who have fought £o earnestly to protect the party from the dominat- ing power of the raliroad machine would be forced to give up the fight if Flint were chosen Senator.” Leaders of the Bard column_ are neither depressed nor dismayed § the conduct of Speaker Prescott. He iu Republican and a creditable representa- tive of California inithe United States Senate. George A. Knight inquires: “What kind of a man does the south want if Bard is not acceptable??” Another question is asked: “Are the 110 Republican members of the Legis- lature going to turn down Bard simply because he is not acceptable to the rail- road?” ——— Additional tm of Legislature on | Page 8 rugia, had been attacked by a phe- nomenal form of influenza which pro- duced cerebral and pulmonary con- gestion.. This is gradually passing off. —_—— Italian Recruits Sing Soclalist Hymn. ROME, Jan. 6.—About fifty new recruits wearing military caps crossed the town singing a Socialist hymn and crying ‘“Long Live Socialism!” “Down with militarism!” Almost all of the recruits were arrested at their ‘bar- racks. Frewen accepted the ruling of the man who gave him what he wanted and commenced to speak to a point of order which was that the President of the Senate was the proper presid- ing officer at a joint session. “You are out of order, sit down,” commanded the Speaker. “You have the floor,” said the Lieu- tenant Governor, and again the gavels banged. 2 “I move - this session adjourn,” shouted Senator-Morgan. It is moved that this session ad- journ,” shouted the Lieutenant Gov- em. Continued on Page 3, Column 5.) ating a committee of fifthen members | ! 3 SOCIETY LEADBR IN ENGLAND DISAPPOINTED IN HER HOPES TO ENTERTAIN ROYALTY. * PET PARROT SPOILY AN - ELOPEMENT Awakemmily as Girl Is Stealing Out of House. AL PRt Special Dispatch to The Call. HOLTON, Kan., Jan. 6.—A green parrot with eyes resembling new shoe buttons was the means of spoiling the romance of Miss Lena Anderson, daughter of Nels Anderson, a farmer seven miles northeast of town. Olat Olson, employed as a “hired man” on the farm, has been paying attention to the young woman, but her parents have opposed the suit un- til he could show $78 in bank. Be- coming discouraged at the prospect of waiting so long the young persons planned to elope. Olson placed a ladder against the window of the room occupied by the girl last night and awakened her by whistling. As the girl prepared to descend the par- rot owned by her father, awakened the family by screaming, “I seen yer,” and the elopement was off. —_——— CARGO WASHED ASHORE INDICATES SEA TRAGEDY Believed That the British Bark Brier- holme Has Been Lost With Its Crew. HOBART, Tasmania, Jan. 6.—Por- tions of a cargo which have been washed ashore at Southwest Cape have ! been recognized as belonging to the British bark Brierholme, Captain Rich, which sailed from London July 21 for Hobart. It is believed that the wvessel and her crew have been lost. —_——— Sultan’s Troops Defeated. A PARIS,. Jan. 7.—A dispatch a mews agency from Marnia, Morgeco, reports another fight between the ‘Sul- tan's and the Pretender’s troops Oudfa. The dispatch says the Sul ‘was defeated, his troops casualties. 3 PLANS NEW ATTACK 0¥ THE TRUST Lawson Will Carry Copper Fight to Washington, . Special Dispatch to The Call g BOSTON, Mass., Jan. 6.—Thomas W. Lawson declared to-day that the real secret of his silence of late concerning Amalgamated Copper is that the next move against the Amalgamated will comeé from Washington and that a res- olution is to be introduced in the Sen- ate calling upon Attorney General Moody to proceed against the company. A large package of documents contain- ing evidence will be presented to At- tornev General Moody and the pro- ceedings will be-in line with those against the General Paper Company and the Northern Securities Company. Lawson himself or his counsel will turnish the evidence and will also ask the Attorney General to act if the Senate resolutions fail. e GROW WEARY OF THE FIGHT PHILADELPHIA, Jan. 6.—The re- port that Philadelphia attorneys are preparing new charges against Bishop Talbot cannot be confirmed to-night. Andrew MacBride, one of the signers + of the charges against the Bishop, | knows of no new pr.eedings. Attor- neys of Philadelphia who prepared the former charges do mot think =ny new charges will be filed. ¥ Disavowal of any intention to take part In a canonical prosecution of Bishop Talbot was made to-day by Rev. Dr. A. J. Arnold, Rev. 8. L. Gil- berson and J. Frederick Jenkinson. These clergymen on Thursday joined Herbert Noble and J. A. Beall of New York and W. B. Wilson and R. A. Can- non of Philadelphia in a plea to Pre- siding’ Bishop Tuttle to be permitted to withdraw the charges in writing they had signed in the effort to obtain a presentment of Bishop Talbot. Jen- kinson said that he is through with the entire matter; Dr. Arnold said that he never again will be mixed up in an af- fair of the kind, and Gilberson, in addi- tion to denying any intent to sign a new of charges against RBishop expressed a loss of faith in the use of Dr. L N. W. Irvine, SLIGHTS OF ROYALTY PIQUE DUCHESS OF MANCHESTER. CAUSE OF HCR RETURN+ TO AMERICA Unable to Attain Top of Social LONDON, Jan. 6.—English society drawing-rooms will not see much of the Duchess of Manchester for some time. Those who knew her weil are not sur- prised that she has decided to remain for an indefinite period in her own country. She had gone to enormous expense in the hope of being ablg some | visit Ireland early day to entertain royalty only to/be dis- { appointed. It was publicly announced that the | King and Queen were to be entertained at Kylemore Castle when they visited | Ireland, but they did not go there; In fact, their Majesties carefully avoided | the West of Ireland, although it was incliuded in their originat programme. | It was stated at the time that their non-appearance at Kylemore was due | to the fact that the structural altera- tions at the castle could not be com- pleted in time, but it is now said that | they were delayed intentionally, when it was found that the King and Queen were not going there, so as to escape | the inference that the Duchess had been snubbed. ‘When it was announced some time ago that the Prince of Wales proposed to this year, the Duchess and her friends exercised all their powers to get the heir apparent to go to Kylemore, but Lord Ardilaun, the big Dublin brewer, stepped in and said in effect: “No, George, you must come and stay with me.” And so the Prince is golng to put up at Ashford, a place not half so beaurtiful as Kyle- more. There are several reasons put forth to explain why the Duchess of Man- chester has never succeeded in getting to the top of the social ladder. Disre- gafding the old adage avout doing in Rome as the Romans do, she has re- fused to participate in the gambling games so popular in swell society, and has been rather outspoken in express- ing her disapproval of the devotion to bridge for high stakes displayed by certain patrician dames who are in high favor with the King. It is said,“too, that when she first came to England as the wife of the Duke she assumed airs of superiority that gave offense to the smart set who were averse to taking lessons in pro- priety from a Cincinnatt girl. Conse- quently they did their best to thwart her social ambitions and are flattering themselves that they have succeeded. They say now that it is pique which has caused her to return to America and take the Duke with her. R T T T o 7 o BRYAN GUEST AT A BANQUET MEMPHIS, Tenn., Jan. 6.—A banquet at which 400 covers were spread was tendered William J. Bryan to-night by the Jackson Club of Memphis. Bryan was introduced as the next President of the United States. His subject was “Watchman, What of the Night?” After speaking of, the causes which in part contributed to the recent de- feat of the Democratic party, Bryan said the platform adopted at Kani City expressed the views of more Dem- ocrats than any platform adopted since. He praised several recommenda- tions made by President Roosevelt and spoke of him as doing many good things. Bryan closed as follows: “Just now President Roosevelt gives promise of beginning a reform move- ment. He recommends legislation which will inform the public in regard to campaign contributions. This is a far-reaching recommendation and should recelve the earnest support of every Democrat. He also recommends an enlargement of the scope of the in- terstate commerce laws. This, too, is a step in the right direction, and he should receive the support of all Demo- crats in any efforts which he makes to bring the railroads under a strict con- trol. If the President, with the aid of the Democrats, accomplishes any re- form the public will secure the benefit of it; if, even with Democratic aid, he fails, the educational work which he does will help the Democratic party in future contests. “In municipal affairs the Democrats are, as they should be, quite unanimous in favor of municipal ownership of all municipal franchises, and our party must face the fact that a failure prop- erly to regulate the railroads will com- pel the public ownership of the rail- roads. If the Federal Government operates only the trunk lines, leaving the States to operate the network of local lines, we can have public owner- 1 ship without centralization, and, as I believe, without danger to any public interests.” 5 —_——————— No Surrender at Sanna. CONSTANTINOPLE, Jan. 6.—Of- cials here authorize the statement that the report published in the TUnited States yesterday that the Turkish gar- rison at Sanna, Arabia, had surren- deged to the insurgent natives, is ab- solutely unfounded.