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THE SAN FRANCISCO CALL, FRIDAY, JULY 28 MAY MAKE PACT WITH CERMANY i Officials Believe America| Will Enter Into Reciproc- ity Treaty in the Fall (CASE Total of Fifty Deaths Reported From New Orleans. IN FLORIDA QUESTION FOR SENATE i Existing Trade Arrangement | 3 Between the Two Countries | People in Alarm Make Will Lapse in November Efforts to Flee From City. WYMAN IN CHARGE 'ON, July NEW ORLEANS, July All the forces engaged in the battle against the 5 - yvellow fever scourge to-da) ed in essing the belief that wk sttu- LAt thile Catmsy n has been ar 1ok e s » t November has . alr st the hist that for tr ry of the be which w ade of eac Washing- Stern- for the his | of the treaty coming late in | ved s wi rates here be-| | the rati- return for imports to TO COMMAND | FS DEPARTMENT | | seneral Will Return to the States From the Philippines. e N0 AN I N n g\l oHu veczoN ZENETEA L % p4 Y/ffi” AELr oL ZE4H5 2 oo - < 3 f ST APPEARED AND WHERE ; > SURGEON GENERAL WYMA TY FOR THE GOV e mped out be- New O of pre- comes_and spared the horro: fore the fro: eans will be STATEMENT BY RE! OF TOPEKA NA IONAL BANK Liabil ies Exceed Assets Known to Be Million Good by Nearly a Dollars. N, J 7 cu Ann to Barracl river, ns, r in the district before known the authorities. tions were taken to de and the scourge spread with g From the cheap and crowded lodg- the Italians who could get ng to friends in other 1 to s st - .38 ver | long the coast. The result is the o s found much difficulty | Pearance of of fever in various . Shae ue of the Deviin | Parts of the but principally below a2t e i amevlin | Canal street In nelghborhoods of _the - ter not even approx- | PoOTer clases. Almost every instance of [ o i, “RPTOX | & new focus outside-of the French market | . — nally | qictrict is that of an Itallan who es- caped therefrom or of some one of a ” aifferent nationality whose business was New Rural Carriers amed. in the section. B Sy BLTRD Estiow- FIFTY ON THE DEATH LIST. have been made in| A4 far as the health authorities were in California: ay carrier; Alice Los Angeles—Artha able to discover to-day, no case has thus far developed from outside of any of the fully infected districts and with g very ichard C. Foster sub- | few exceptions the deaths have been Barbara—George H.| among the Italians. Illustrating this Rolla Newman substi- | gact, a report for 24 hours made officially by the State board shows thirteen ca and six deaths, neal all of them being Itallans. This brings the total number of deaths to 50. A great cleaning up has begun. Every ward has been thoroughly organized with precinct organizations = radiating from the major body “Cleaning up streets and rembvink dirt from gutters is energy all thrown a | declared President Konke of the ity 0. | Board of Health to a committee of citi- zens who cailed to consult him on the Chas. Beilus & € . R - abo * said he. figh-Grade Clothiers " Emers » r @he Fyub The Emergency Hospital, which has | been fitted out for the care of yellow fever patients, was in full operation to- day. It is in an old three-story building in the rear of the French quarter. ‘ine hospital will be operated at its full ca- pacity, patieuts being removed to it from all sections of the city in a screened am- bulance, which has already been pro- vided. THOSE REFINED DETAILS SHOWING CLOTHES SCIENCE | %512 iie Tisiic cviaence of the ARE IN THE GENERAL GET-UP | serious epidemic that has prevailed in that quarter. Two weeks of hard work OF OUR SMART CLOTHES/by the public cleaning gangs showed in e general cleanliness of the surround- AND READILY RECOGNIZED | inse. but thore was no excitement among | the residents. BY MOST GO0OD DRESSERS.| Every avenue of egress from the city has been closed by the rigid quarantine. PARDON US IN STATING| Uninfected sections of the city are dis- THERE ARE NONE BETTER. | conraging any further invasions by al- | fans. It is considered wiser for them to remain where they are at present and where they are to be charitably cared for if in distress and nursed if fll. PEOPLE LEAVING THE CITY. No Brench Stores and No Axents. ‘“Bmleophodia’’ s commercial disease { 'The de}:emlon camps established by the i marine hospital service in order to en- Shat " GEWRETY MIEsEs @able persons to leave the clty who want Sargain Sale Clothiers. to get into sections quarantined against New Orleans were opened to-day. Per- mits to enter these camps are to be ob- tained from the readquarters of the marine hospital service here. This is to | be required in order that each applicant | may be examined, the hospital service | not desiring to send into the detention camps persons who are likely to become 1u, thereby establishing new centers of infection. There is somewhat of an exodus from New Orleans. Some heads of fam- ilies are sending their wives and children elsewhere and men whose business has suffered by the appearance of the fever "Mississippl, Alabama, Texas or Lousi- We haven't that disease; we have the right goods. 132 earny Street Thurlow #Block R | | are taking advantage of the opportunity { to take summer vacatigns. 171t ix ‘almost Impossible to get into | ana towns without detention. ' ‘Quar tines are being-made constantly rigld since ‘the Board of Health began to make public the number of cases nd deaths. Mississippi Is sending her i ‘tors right into New Orleans. Every passenger is examined and the tickets of through pasgengers scrutin- ized to prevent any one from attempt- ing to get into the State by surrepti- | tious mean The Louisville and Nashville guards appear at the State line, the doors of the are locked and there is no e given a passenger to leave the X » attempt is being made by passengers, except those bound through to go out over either the Texas and Pacific of the Southern Pacific. | In many country towns there was a disposition among the medical men to pt the mosquito theory and, there- fore, to modify the quarantine regula- | tions. The masses of the people, how- |'ever, ‘take a different view and the | fact that there are 200 cases in New | Orleans has been sufficiently terrorizing {to force them to demand that there shall be absolutely no communication | with infected points. | TAMPA, Fla., July 27.—Dr: Joseph | Y. Porter, State Health Officer, has is- sued un official statement to the effect | that Vietor'Vitello, an Italian who ar- d here last Saturday from New Or- ans acc of yellow fever. | WASHIN! July 27.—Surgeon | }Grnvr(d ,'of the Public Health and Marine Hospital Service, returned to the city to-day and will take charge {of the service’s campaign against yel- | low fever at New Orleans. ¥ i oty dsindl BONDS OF PHILIPPINES | AS FEDERAL SECURITY [New Order Issued by ecre- tary of the. Treasury Shaw. WASHINGTON, July 27.—Secretary | 8haw has authorized the statement that | ion and after August 1, 1905, and until | [turther notice Philippine land purchase | |4 per cent bonds (issue $7,000,000), Philip- | | pine one year certificates (amount out- | standing $3,000.000), Philippine public | | works and improvement bonds (issue | | 81,000,000) will be accepted as security | for existing deposits of public money in national banks in substitution for United | States bonds now held as security for | | such deposits, on condition that the | Government bonds thus released be im- | mediately used as a basis for additional | bank note circulation. This additional circulation need not be taken out by the particular bank whose bonds are thus released but can be used for an increase of circulation in any existing banks, the purpose being to bring about an increase of circulation preparatory to the crop moving periods. YORK BROKER REFUSES TO TESTIFY BEFORE JURY | NEW Declines to Answer Questions Bearing on the Cotton Report Scandal in the Agricultural Department. WASHINGTON, July 27.—F. A. Peck- ham, a New York broker, who was be- fore the Grand Jury investigating the cotton report leakage to-day, refused to answer questions relative to his dealings in agricultural products and was notified by District Attorney Beach that unless he changed his mind by the time the Grand Jury convened to- morrow he will report his recalcitrancy to Judge Wright, who already has given public notice of his intention to punish any witness refusing to reply to proper questions. The penalty is im- prisonment. o is suffering from a mild attack | WASHINGTON, July 27. ; pines and report to the 00w 1o = 8 S T | (I BISHOP JOYCE ANSWERS THE YELLOW FEVER PATIENTS NUMBER TWO HUNDRED. LAST SUMMONS | MINNEAPOLIS, July 28—Methodist Episcopal Bishon Isaac W. Joyce died at his home at 1:2) o'clock this morning as the result of a cerebral tiemorrhage and consequent attack of paralysis, which he /feustained While delivering a sermon at the Red Rock (Minn.) cab§p meeting on July Bishop Joyce, who was 69 years of age, came to Minnesota six years ago. Prev- ious to that time he had been presiding Bishop of the Methodist missionary tield | minister the RECENER ISKED FOR UTABLE Over Forty Policy Holders Join in a Suit in Effort to Have the Big Society Wound Up PP S ACCUSE DIRECTORS OF GROSS FRAUDS R Is Insolvent and That an Accounting Should Be Made to Interested Parties -— NEW YORK, July %.—In the form of an amended complaint to a bill flled last April, sult was begun to-day in the United States Circuit Court for the Southern New York District to throw the entire #421,600,000 of the assets of the Equitabls Life Assurance Society into the hande of recelvers, who spall “take pos- session of all the funds, assets and prop- erty held by the defendant society of every character and description and ad- same as they may be di- rected by the court. More than forty policy holders in the Equitable, representing a dozen different States, no funds with waich to meet its enormous losses, and is insolvent. of the society, to compel the manage- ment to make an accounting to the policy | holders, and for the appointment of re- | pending | ceivers for the surplus fund, judicial ascertainmen. of the rights of the policy holders thereto. Since the filing of that bill permission has been obtained to file an amended complaint. original bill was filed, forty-four other policy holders have intervened in the suit. CHARGES OF FRAUD MADE. In the amended bill, inal bill of last April, there dre incor- porated many citations from the Frick and Hendricks reports, published some months later. The bill-alleges that the soclety has been guilty of mismanage- ment in syndicate transactions, that “unreasonable and excessive” salaries | have been paid, and that “large sums of money, ranging from $20,000 to $37,- 000,000, belonging to the said insur- dnce funds of the society, weére allowed in banks and trust companies without adequate interest, in many of which banks and trust companies the said officers and directors of the society, or many of them, were large stockholders, for the purpose of securing pecuniary benefit to such directors individually and such undue-and umreasonable cash 1lnnces existed since at least the year 1900.” After reviewing the purchase of the Hyde stock by Thomas F. Ryan, the | complaint denles the legality of the work in China and Japan. It is sald of | election of directors who are not him that he h; hoken in the cause of | Stockholders of the company. The com- religion in every civilized country in the | plaint continues: world | “The assurance funds held by the PSR S Death of Captain William Fry. I'. LOUIS, July The funeral of n Willlam Fry, who died Wed- ¢ at his home in Charleston, Ill., 2ld to-day at the Fry residence. ain Fry, who was 74 years old. was one of the most nrominent and wealthy citizens of Charleston. From 1862 to 1S66 he served as provost mar- shal by appointment of President Lin- coln for the First District of Illinols. |jectfully and He is George Mre. J. survived by two sisters, W. Ware of Jerseyville D. Fry of San Francisco. ERROR DISCOVERED | society have been fraudulently and nes- | lectfully handled and are being wast- |ea and mismanaged and lost to the | extent of many millions of dollars. It is without a legally chosen board of | directors and the real value of the | property held by it is unknown and | speculative.” | WOULD END ITS EXISTENCE. Reverting to a statement that the de- fendant society ‘“‘has willfully and neg- fraudulently mismanged, Mrs. | and, through its officers and agenis, mis- and | appropriated the said assurance funds,” | the complaint asserts that ‘‘the said de- | fendant is wholly unable to repay the ‘amount of such wasted and misappro- priated money to sald fund for the benefit IN (v()TTON REPORT ‘w of your annuitants, and your orator avers Revised Statement Mistaken in Reference to the June Estimate. —In the re- vised cotton report issued yesterday by the Department of Agriculture, an error was committed in the second paragraph which made it appear that the June esti- mate by Hyde was made ‘“lower” than the facts at hand warranted, when in fact it was made *higher.” The errone- ous statement has been corrected by the department. —_———— ARMY ORDERS. WASHINGTON, July .27.—Army or- ders: Sergeant Peter P, Franklin, hos- pital_corps, army general hospital at the Presidio, San Francisco, will be sent to the Philippines on the transport leaving San Francisco about .August 5. On arrival at Manila he will report to the conumanding general. of the Philippines Division for assignment to duty. Second Lieutenants Alvin B. Barber, Thomas H. Emerson and Arthur R. Ehrnbéck will proceed to San Fran- cisco and report to the commanding general for assignment to duty with Companies C and D of the first bat- talion of engineers on the arrival of those companies at San Francisco. Sec- ond Lieutenant Jarvis ‘B.. Bain will proceed to Fort Leavenworth, Kans., and report to Major Thomas H. Rees for assignment ta duty with. Companies C and D of the first battalion of en- gineers and accompany those compa- nies to San Francisco. : Second Lieutenants Robert 8. Thom- as, Carlos J. Stolbrand, Roger G. Pow- ell and John N. Hodges will proceed to San Francisco and repofrt to the com- manding general of the Department of California for duty until the sailing of the first transport, when théy will pro- ceed to the Philippine Islands and re- port to the commanding officers of Companies A and B of the first bat- tallon of engineers for assignment to duty. Captain Dixon, on temporary duty at Omaha, will proceed to San Francisco and take a transport about October 5 and proceed to the Philip- commanding general of thé Philippiné Division for signment to duatv. 7 A . board, consisting of Captain Frank A. Grant, quartermaster, and John T.. Donnelly, superintending engineer of the army transport service at San Francisco, has been appointed to meet at Seattle for the purpose of inspecting the steamship Lieutewant Geor, H Harris, now being built under contract at Seattle. ST. PAUL, J . —Albert E. Loutzens gm 3 :}“'m 1.“ an"h:f?c"l Tt N s Bank of Duluth, ek ‘b was tell juth, of Which 2 Tant, was arrested hars toodag | that the said defendant is wholly insolv- | ent in-conseauence thereof.” ; | It is further added that ‘‘the property of the defendants is now in the hands or | under the control of the stockholders | whose representatives have been guilty | of misappropriation, | neglect in the management of its affairs | and property. The business affairs of the | society are at a standstill; its morale as an insurer is destroyed; whatéver busi- | ness it may do will be at an enormous | loss and sacrifice on the part of the pres- | ent policy holders: Their supreme inter- | est is to place its assets in the hands of | competent receivérs appointed by this court and to gradually, prudently and | economically "wind up the affairs of the company. In this way only can the pol- icy holders and annuitants be protected from eventual and irretrievable loss."” In conclusion the amended complaint prays relief as follows: “That the defendant society produce and make discoverey of all books, papers, records’ and documents in its possession or under its control, or that of its offi- cers or agents, relating to the matters aforesaid, and deposit the same in the office of the clerk for the usual pur- poses. - “That an accounting be ordered and taken under the court of all dealings and transactions of the defendant soclety, its officers,” agents and stockholders, about szid surplus and assurance funds, from the commencement of the business of the soclety, or for such other period as the court deems proper.” Ao g dual WILL CUT PENSIONS. waste, fraud and | Equitable Will Lop Off Many of the Old Beneficiaries. NEW YORK, July 27.—The directors of the Equitable. Life Assurance Soclety held two méetings to-day covering a pe- riod of thrée hours. The first was an ad- Jjourned session from yestérday and the business included the eleotion of George L. Vieter of this city and Ernest B. Kruttschnitt of New Orleans, to the board. The office of chairman was abol- ished as previously announced. The com- mitte¢ on pensions reported and in al most every instance its recommendations were adopted. A number of pensions will be discon- tinued entirely and others reduced to 50 per cent of the salaries received by officials or employes at the time of the severance of their active connection with the company. the pension of $25,000 a year to the widow of Henry B. Hyde, there was voted at the same time a pension of $18,000 to Mrs. James W. Alexander, the wife of the former president, to take effect upon the death of .Alexander. These two items have been regarded as legal liabilities or annuities in lieu of certain contracts walved by the founder of the society and by Alexander. The matter will be submitted to the Equitable special coun- the Affairs of | Declare That Corporation | { made charges that the wife of one of the With J. Wilcox Brown of Maryiand, the | holder of a $2,000 policy, as complainant, | papers were filed last, Aril to compel a distribution of the $84,000,000 surplus fund | Since the | which ‘s far| more sweeping in its charges and:fn/ its appeal for relfef than was the orig- | SO EXPERT N A SCANDAL Another of the Employes of Department of Agriculture, Mixed Up in a Big Graft HE MAKES CONFESSION His Wife Said to Have Been | Member of Company That Sells a Certain Fertilizer | WASHINGTON,, July 27.—In a hearing to-day at the Department of Agriculture, at which Secretary Wilson, Assistant Sec- retary Hays, Professor B. T. Galloway, chief of the Bureau of Plant I[ndustry; George T. Moore of that bureau and two representatives of an agricuitural publi | the cuiture as containing virulent forms | to a commercial | material because of the exhaustion of the calion were present, the two last named sclentists in the Bureau of Plant Indus- try owned a block of stock in an Eastern coneern manufacturing a culture for soil inocutation, while her husband was pre- paring and revising builetins regaraing the enrichment of tarms and portraying of bacteria for making poot land rich. It was alleged that pubiications revised by the otficial tended to direct the farmers concern supplying tne supply of the department. At to-day’'s hearing the sclentist in- volved in the allegations admitted that his wife ewned the stock, tuat stock was | to come to him in the event that he sev- | | erea his connection with the department | | he decided to stay with the department and became the bacteriologist of the con- cern, but that in the latter part of April | | and the stock was no longer held in his are inciuded as complainants in | | the preesnt suit, wu.cn s based in part | upon the ailegation that the society has | | and that other shipments had been made. | an | the President and the Department of Jus- It was also alleged that the culture had been supplied by theé department to the concern mentioned in undue quantities, the employe mentioned being charged | with shipping seventeen pounds in a sin- | family. i | | The charges are under investigation by the department, stant Secretary Hays is to make nvestigation of the whole question | and of the value of the culture. The per- 80! making the charges announce their intention of bringing the matter before tice. —_—————— ORANGES, BEANS AND SUGAR TO BE GIVEN AWAY AT FAIR Products of Southern California Will Be Distributed To-Morrow at Portland. PORTLAND, July 27.—Announceément is made by the California State Com mission at the Lewis and Clark Exposi tion ‘that 10,000 oranges and 5000 bags of beans and sugar are to be given | away Saturday at the California build- by it to remain uninvested on deposit | | made up from the autitor's regular re- | 165,502, assuring $166,12,321; policies issued | 1905, 42,123, assuring $119,813,146; assurance | in force on December 31, 1904, 564,534 poli- | cles, | 1904, as $413,953,020, and the assets on June It developed to-day that, in addition to | ing. The products are to be donated by Southern California, the oranges by Los Angeles and the beans and sugar by Ventura County. K5 P sel, Austin G. Fox and Wallace S. Mac- Farland. | James H. Hyde was not present at to- | day’s meeting. i The Equitable’s income for the first six | months of 1905 was $33,998,318, an increase of §2,3%,810 over the corresponding six | months of last year, according to a state- | ment which was submitted to the board of directors. The figures, which were port for the president to submit to the board, give the assets on December 31, 30, 1805, as $421,249,272, an increase during | the last six months of $7,296,252. The in-, come for the first six months of 1904 was $36,412,327, while the income for the first six months of 1905 was $38,799,138, an | increase of $2,386311. The report also contains the following: Policies issued first six months of 1904, first six months of 1905, 61,038, assuring $150,706,993; policles terminating first six months of 1904, 36,144, assuring $100,278,199; policies terminating first six months of assuring $1,195,452,892; assurance in force on June 30, 1905, 583,554 policies, as- suring $1.526,434739; Increase in assurance in force during the last six months, 18,- 970 policies, assuring $31,981,847. | yuate remedy | grinding DEMANIS WATER FOR HS CAOVE Orchardist Suffers While Courts Juggle With Suit Against Big Corporation IRRIGATION IS NEEDED Agreement of Two Com- panies Results in Damage to Oroville Orange Grower Special Dispatch to The Calk OROVILLE, July 27.—Distriet Attor- ney Sexton has charged the Paler Land and Water Company with misde- > meanor, it having refused to furnisa William Hileoman, an orange orchard- ist of Oroville, with water for irriga- tion, in violation of an ordinance en- acted by the Board of Supervisors. The cavse of tiie company's refusal is an agreement entered into with the Oro- ville Water Company, by the terms which the Palermo company agrees to furrnish water where it may be s plied by the other company. Action was brought in the Court late in June to enforc alty of $200, but the ordina take effect until July 1, and the act was dismissed. The complain orchard was suffering from the drou so resort was had to the Superfor C A vrit of mandate compelling the livery of water was asked for. Justice Judge Gray contended that, as the writ was ealculated to aftord speedy re- | Hef and his decision would undoubtedly | be appealed from. its purpose would 4 miscarry, and application should have been made to the Supreme Court. This was done. The Supreme Court decided that there was a plain, speedy and ade- by appeal from the Su- perfor Court’s refusal to issue the writ. The application was denfed. While the legal mills ont justice, the grove is suffering for water. HONOLULU MEN WANT A CHANCE TO INVEST Island Capitalists Think Car- ter Should Not Sell Bonds in New York. are slowly Hileoman Special Cable to The Call. HONOLULU, July Gov. is in New York negotiating the sale of $600,000 Hawaiian redemption bonds. Lo- cal buyers think they should have been Carter given an opportunity to bid. Willlam G. Irwin, a large bondholder, is especially indignant. He says the first chance should have been given here. He be- lieves it would be the best policy for the bonds to be held in Hawall, as it would strengthen the territory’s credit. There is plenty of money here for in- vestment, local capital is willing to buy and if the bonds were id here the ex- pense of transfer would be saved. Carter is at the Holland House, and it is expected he will close a cash deal for the bonds soon. ISTER ESTATE KILLED WOULD ADM OF THE MAN .; Mrs. Kate Hueter Asks fO¥ Control of the Property of Her Late Husband. SAN JOSE, July 27.—Mrs. Kate Hueter, who shot and killed her hus- band, Gustav Hueter, a few weeks ago, has asked for letters of administration on the estate, which consists of real estate In San Franeisco and Santa Clara counties and personal property, all esti- mated at $115,000. Hueter left no will and there are four children to inherit the estatg. ————— Sixteen Warships at New York. NEW YORK, July 27.—The wgost powerful fleet of naval vessels ever gathered in New York harbor Is at anchor to-night in two divisions, one stretched in a line in the Hudson River, from Grant's Tomb to Fiftieth street, and the other to Tompkinsville In the lower bay. Sixteen warships, carrying 263 guns, are in New York waters. FIRST Summer designs The Spring and stock must “go — we can't be the lead- ers this Fall un- less we have all new patterns and but evening clothes) plainly marked Men’s Clothes Only Heller & Frank Corner Market and Grant Avenue To sell every garment quickly, we mark them down %4 (everything The old prices and the new