The San Francisco Call. Newspaper, January 9, 1906, Page 3

THE SAN FRANCISCO CALL, TUESDAY, JANUARY 9, 1906. WESTERN PACIFIC MAKES NEWROGERS CONTINUES DEFIANT LAND WHILE THE SUN SHINES. — e There was great activity ] by the Western Pacific | workers in Alameda Coun- | ty yesterday despite the | injunctions of State courts. Deggedly road's forces went forward making new land by “fll- in,” deciding to take the new rail- their Federal courts, as they are on Government land. | 41 Dredgers Pumping,| Guards Hold Corporation Still Ig- nores the State Court ific to | ¥ let on unaf- ands of | h ef- The giant edging Com= the bay n the north training ed to ties. ward and it and far going on be- hearing of the of this under- the own made that an applica- Heuer. t gineer Corps is happened from the he pier- retaln- r from ith the But alone. with it, and hing. And that me om the ns established. knew ng when 1t the re- r.ckon and for nd then, jam in ther laying And vigor of the railroads, long to answer. rail- both give the pplications. aps that i not ar- nderstand wished and safe You Won’t coughdong if you use Shiloh's Consump- tion Cure, the Lung Tonic. It cures Colds, Coughs, and all iritations of the air passages almost lmundy You won't lose an if it fails to cure you, for then your ler will give you back whnyou paid for it. If you use Shilol You W|II that it is the greatest medicine for Conghs and Colds i the wodld. 17 We e wd Sl Conmmtion Core e cive yams, aae tink & s o semedias gn the market.— M. A Schiaye, Seata hes on, Lml (A ] an fecommend Shiloh's Consumption Care cne o the bes cough medicics—A- A GBck, “Tiave ued Shiloh's Consmption Care for m..,t.. and uald.‘u-r- satisfactory results. — SHILOH 25c. per botfle. All dealers guarantee it. THE OWL DRUG CO. 1128 and 80 Geary st. Dr. Lyon’s PERFECT Tooth Powder Cleanses and beautifies the teeth and purifies the breath, Used by people of refinement for over a quarter of a century. Convenient for tourists, PREPARED &Y chances with the [ | acific’s | |4 report | LAYING NE 1 CIFIC RAILROAD IN S A SCENE_ON_THE GOVERNM G WALL IN THE OAKLAND ESTU- ARY, WHE WORKMEN ARE LAYING RAILS FOR THE WESTERN PA- TE OF PROTESTS AND INJUNCTIONS. wager that the two applications are for exactly the same territory, and that this territory the one upon which the Western Pacific is now stretchmg ed rail-ribbon. the central offices of both rail- roads there reig: the silence of the yesterday. There was a differ- ence in the character of the quiet, how- At the Southern Pacific it was , dignified and mildly reproach- At the Western Pacific it was more the silence of one who knows a good joke but won’t tell it. At both places it was said that there was noth- ing new and that everything lay in the hands of the law. Neither V. G. Bogue, vice president of the Western, nor E. E. Calvin, general manager of the Southern Pacific, could say when their applications for right to build out to the pier-head line had drawn up or mailed or received. said that no new taken. And both very seriously and very solemnly stated that the question was now in the hands of the law. OAKLAND, Jan. 8.—The only new move in the railroad fight to-day was the west- ward passage on the fill of the track crews, who were taken by the engineers | 10 a point beyond the low tide line of 185 in order to ent if possible any viola- tion of Judge Ogden's ction. The Western Pacific people “stand ground that they are working now Federal lands and that the State courts are without jurisdiction. .But to be on the safe side the railroad people moved out of range of the tidal line, which they assert is the western boundary of the Southern Pacific Company’s holdings be- Both tween the training wall and the broad gauge mole. Track laying, the unloading of timbers for ui in trestle work, the busy movements of the track construc- tion gangs, kept the many Western Pa- cific engineers and foremen actively en- gaged this day. As the hours pass some idea is gained as to the Western Pacific’s plan’ of construction, tentative and pro- visional, as it may be pending settlement of legal disputes over title to the made ground morth of the training wall. Ex- | tending from the end of the north train- ing wall into San Francisco Bay as far as the plerhead line is a long row of piles; | upon bents from them extends from the dredger to the fill back of the close | board piling a sheetiron pipe carrying the polls” to the fill. structure of piles is said to be the place | where the Western Pacific will locate its | station. The bulkhead which impounds | the fill north of the training wall is on a line with the broad gauge mole station of the Southern Pacific. The plerhead line to which the Western Pacific. has asked permission of the War Department to ex- tend a trestle and pier is on a line with the Key Route station and the Southern Pacific plers at the end of old Long wharf, northwest of the broad gauge pler. WILL BUILD STATION. 8o far as indicated to-day by the West- ern Paclfic engineers, that company pur- poses to erect its passenger station on the fill at a point between the end of the | training wall and a trestle which will cut | the bulkhead about 500 feet north of ‘the wall. This was mapped out roughly to- day as the location. It is on a portion of the fill claimed by the Southern Pacific Company, but declared by the Gould sys- tem representatives to be State lands, subject to United States Government con- trol. The Western Pacific representa- tives have come into the open and flatly assert that they are working on the fill | under the theory that it is subject to use for the benefit of the public in commerce, and that they have prepared themselves in every possible way to meet the oppo- sition of the Southern Pacific Company to the occupancy of wus land, which has been made under the direction of the United States Government. The disclosures that the Western Pa- cific had laid its tracks on United States lands along the training wall fill have in no wise interfered with the progress of the work of track laying. Nor have Colonel Heuerls statéments concerning the Federal aspect of the situation de- terred the Western Pacific men from keeping at work steadily. On the con- trary, the conditions as revealed seem to have strengthened their position. They The Simple Life is naturally; work , keep your temper, s and take a Beech- be Live during cat freely though anonymously assert that their purpose is to secure undisturbed occupancy of the fill as a transconti- nental railway terminus, and they -point to the Southern Pacific moles on each gide of them as evidence of what they intend to do on the fill. In short, they insist that they have nothing more In view than to land on San Francisco Bay in as favorable a position as their com- petitor, and to use the favor of the United States Government for the priv- been | legal steps had been | on the | on | The end of this long | am’s Fill regularly, as required. There is n edicine for thz sim- ““:IE ::. u‘:‘;‘nflmm e e oublls S on: ! venien: ) ple life, or the strenuous, like With this end in view, the Western Pacific representatives go furthert and declare that they are on Federal terri- tory and are therefore subject only to the processes of the United States Gov- ernment. ~ They declare again that the United States Government permuud the Beecham's Pills £01d Bverywhere. In boxes 10c. and 6. [ | | | dispatch possible, the Federal authorities /than the South- ern Pacific enjoys. NEAR OLD MOLE. ‘Within 1000 feet of the sceme of the Western Pacific’'s operations is the Ala- meda mole, which was made by fillings from Oakland harbor, placed there by direction of the United States engineers, upon which this day the Southern FPa- cific’s construction forces are running double lines of track its "full length. | These conditions, say the Western Pa- cific engineers, are precisely what are being repeated by them on the opposite side of Oakland harbor. They also call attention to the large i space south of the Southern Pacific broad-gauge mole at its western end which has been inclosed recently by that company for its own use. This is State land, but is being used hy the Southern Pacific Company because it seems. to.be | ry for the accommodation of at that pier. The Southern Pacific Company in its injunction applications against the Western Pacific and the American Dredg- ing Company has taken the position that it owns the lands that have been filled by the United States Government be- tween the training wall and the broad gauge mole. Here comes the intangible low tide line of 1852 upon which the Southern Pacific Company rests its case, except that it claims the accretions. All of this phase of the title averments will form the basis for the court hearings upon the injunction orders. Neither the Western Pacific nor the American Dredg- ing Company employes paid any atten- tion to the service of the orders which was continued to-day by Sheriff Barnet's deputies, Every one who appeared to be in authority or in active duty at the dredger on the fill was handed a copy of Judge Ogden's restraining order, but work went on as if the Superior Court of Alameda County was a phantom. MEN IDLE AWHILE. For a time this morning it appeared that the Western Paclfic had decided to obey the injunctions to cease its work on the fill, as all the construction work had ceased and the laborers were spending their time in idleness. Shortly after 11 o'clock, however, J. T. Williams, the engineer in charge of the company's work at this end of the line, arrived from San Francisco in a launch, and gave orders for the work to be resumed and carried on with all the Several hundred feet of track was laid during the afternoon, and it is thought by the foremen that the work will be continued without interruption until it is completed. The armed guard at the dead line which was established when the work of laying the track on the fill was begun is still maintained, but no attempt was made to-day to keep out those who had business on the training wall. Throughout the day the dredger which is at work west of the lighthouse at the end of the training wall continued opera- tions, and the outer end of the fill grew steadily larger as the mud and sand were pumped in behind the bulkhead. Henry P. Dalton, Assessor of Alameda County, paid a visit to the scene of oper- ations this afternoon, and, after being stopped by the guard, to whom the ex- planation of his official ,character was all that was necessary, made a careful inspection of the work in progress, —_————————— Californians in Paris. PARIS, Jan. 8.—The following Cali- fornians have arrived in Paris: R. R. Vitalis Calef, Mrs. V. A. Follette and Mrs. Mary Armstrong, all of San Fran- cisco. VICHY CELESTINS and John. a request for a bible made to the Em- W TRACK — ~ COREY SCANDAL WILL BE AIRED Attempt at Reconciliation Fails and Wife Is to Proceed With Divorce Suit i L Special Dispatch to The Call. PITTSBURG, Jan. 8~W. Ellis Corey and a representative of his wife, Laura Cook Corey, had a long conference in the Duquesne Club on Saturday evening. Mrs. Corey’s final proposition was deliv- ered to the head of the steel trust, who, it is understood, refused to consider it and at once made preparations to leave for the East. Mrs. Corey has since said to her friends that all hopes of a recon- | ciliation have passed. She will now fol- low out her original intention of entering suit for divorce, naming possibly three women as co-respondents, the last of whom probably will be Mabelle Gilman. ‘Rumor that she engaged counsel this aft- ernoon cannot be fully confirmed. In response to the announcement that he would be at the Duquesne Club upon his arrival here. one of Mrs. Corey's friends, who has been very close to her in this trouble, went to the club to see Corey, and, it is said, met with a cold re- ception. The head of the steel trust in- sisted that his wife should come to the club if she wanted to see him; that he had come all the way from New York, and she might take the twelve-mile jour- ney from Braddock. Corey was told that Mrs. Corey would not stir one step to see him; that he must come to his father's home if he would see her. Corey was given an ultimatum which caused him to refuse to continue the discussion further, and he at once made arrangements for having a berth made up for him on the night train to New York. Corey’s departure may have been fur- ther hastened by the cold treatment ac- corded him in the club by some of his old-time associates. The way in which the Anna Held dinner affair was dragged in with the name of the Duquesne Club by Corey some time ago has not been relished. FAVORS INSURANCE AGAINST POVERTY Educator Says the State Should Protect the Wage Earner. Special Dispatch to The Call. CHICAGO, Jan. 8.—In discussing insur- ance against accident, sickness, death and old age, Professor Charles R. Henderson of the Umiversity of Chicago declares that protection guaranteed by tne state is nec- essary to save the small wage earner from poverty at some time of his life. ON THE WITNESS STAND. Missouri’s Attorney General Makes No Headway With the Qil Trust's Vice President. NEW YORK, Jan. S8.—Henry H. Rogers, vice president of the Standard Oll' Compagy of New Jersey, and a di- rector of the Standard Oil Company of Indiana, which Attorney General Her- bert 8. Hadley is trying to oust from the State of Missouri, was on the wit- ness stand to-day on guo warranto proceedings brought by Hadley. Had- ley took up with him only two points: ‘Whether the Standard Oil Company of Indiana has an office in the building at 26 Broadway, this city, and whether the Standard Oil Company of New Jer- sey owns or controls a majority of the stock of the ‘Indiana company, the ‘Waters-Pierce Oil. Company of Mis- souri and the Republlc Oil,Company of New York. Rogers said that he did not know that the Indiana company had offices at 26 Broadway; that he supposed its affairs were conducted in Indiana, and that he “imagined” that James A. Mof- fatt, president of the Standard Oil Company of Indiana, had an office at 26, Broadway, but that he (Rogers) was never in it. Rogers declined to answer the ques- tion whether the Standard Oil Com- pany of New Jersey owned the stocks of the companies which, Hadley al- leged, had combined to stifle compe- tition in Missouri. After the adjournment, Attorney General Hadley's attention was called to some published advice to him con- cerning the proceedings from Thomas W: Lawson of Boston, and he was asked: “Do you want Mr. Lawson to come down here and testify in this case?” “Certainly. If Mr. Lawson knows anything I should like to have him come down,” said Hadley. MRS. BUTTS IS RECALLED. Mrs. Ida M. Butts, stepdaughter of the late George M. Rice of Marietta, Ohio, was the first witness called to-day. Had- ley read a certificate of six shares in the original Standard Oil trust issued by the board of trustees of that trust in 1892 to Rice. It wag signed by John D. Rocke- feller, Henry M. Flagler and William T. Wardwell. It was indorsed as having been jssued in compHance with an order of the Supreme Court of New York, made in 1890. Mrs. Butts, identified it as hav- ing belonged to Rice. Hadley also read a certificate of an as- signment of legal title of a share in the Standard Oil trust to George M. Rice, and asked if this was issued after the Stand- ard Oil Company of Ohio was ordered by the courts to be dissolved In 1892, Thase were the papers about which Mrs. Baits was questioned on Saturday, but whizh she could not then produce. They wer2 signed by John D. Rockefeller, H. H. Rog- ers, W. H., Tilford, attorney, and F. Q. Barstow, secretary. Mrs. Butts said the paper was owned by Mr. Rice. These six shares are said to be the only shares of the original Standard Oil trust now in existence. Mrs. Butts said the Waters-Pierce Ofl Company was a member of the original Standard Oil trust.” Mrs. Butts said Rice had another assignment of title, which he converted into scrip of the constituent companies of the Standard Ol Company of New Jersey. Hadley again brought frem the wifness, as on Saturday, that these assignments of title were issued in the course of what Hadley called ‘“‘the pretended dissolution™ of the Standard Oil Company of Okio and the final ejection of that company from Ohio in contempt pro- ceedings. Mrs. Butts said those shares of stock were exchangeable for shares of stock in the Standard Oil Company of New Jersey. Mrs. Butts also held, as administratrix of George M. Rice, a certificate of shares of stock held by him in the Standard Oil Company of Indiana. She said that Alex- ander McDonald & Co. of Cincinnati were In existence before the Standard Oil Trust and became the Consolidated Tank Line Company and a member of the original Standard Ofl Trust. HARDCASTLE A STAR WITNESS. H. D. Hardcastle was the next witness. He was an accoutant of the Standard Ofl Company. He said he lived in New York and entered the employ of the Standard Oil Company at Albany, N. Y. in 1891 The witness was employed there eight years and then went to Cleveland, Ohio, where he was bookkeeper for the Repub- lic Oil Company. The witness was trans- ferred through orders of W. H. 26 Broadway, Ofl Company. Tilford said the Standard Oi! Company had just absorbed Schofield, Schurmer and Teagle and reorganized the corporation as the Republic Oil Company. Hardcastle gave details to show that the new company was an arm of the trust, remarking that the Republic Oil Company, with offices at 75 New street, was merely a rear entrance to 26 Broad- way, the Standard Oil Company’'s offices. . Nichells, president of the Republic Tilford, | a director of the Standard | 0il Company, had offices at 26 Broadway. The witness was in Cleveland about four weeks and visited the territory served by the Republic Oil Company. The Republic Oil Company was doing business under that name in Kansas City and St. Louis. “What instructions were given by the Republic Oil Company to its agents in reference to representing it as a competi- tor of the Standard Oil Company?” asked Hadley. “The managers of the different States were under the impression that the Re- public Oil Company was independent of the’ Standard Oil Company. They got in- structions from the Kansas City office to fTepresent to their trade that they were independent of the Standard Oil Com pany.” “What were they trying to accomplish by this plan of deception?” “It was to secure the trade that the Standard Oil Company could not get.” The Republic Oil Company got oil from the Standard Oil Company, the witness said. - He. remained with the Republic about a -month and then went to the At- Iantic Refining Company, at Philadelphia. “Was that a transfer or a change of employment?” asked Hadley. “It was a transfer.” - After six months with the Atlantic re- { finery the witness went back to Albany and remained less than a ‘week, when he resigned. Afterward he was re-employed by the Standard Ofl:Company at Albany for fifteen months and was then asked to resign. Under pressure from Van Duzen, then Albany manager, the witness gave up letters which he had received from the Republic Oil Company. After eight weeks he was re-employed. “When I resigned,” said he, “the Stan- dard Oil Company gave me an advance fon my salary and offered me a ticket abroad, good only one ‘way.” ROGERS STILL OBSTREPEROUS. H. H. Rogers was next called, and Had- ley asked him if he had refreshed his memory as to some questions which he was ‘asked on Saturday and which he then asked to be excused from answer- irg. “I think I have, somewhat,” Rogers. “What are they?” was asked. “One was about the Standard Oil Com- pany of Indiana. Mr. Cowan is yice pres- ident. I think Mr. Stahl is treasurer. I don’t think there were any committees.” “Do you mean that there are no com- mittees at 26 Broadway that ‘have a thing to do with the Standard Oil Com- pany of Indiana?” “I do not.” “Do I understand that there are not at 2% Broadway committees which have charge of the trade of the Standard Oil Company of Indiana?” “No." “Are there su(h committees?” “I can‘t answe! “Does the Standard Oil Company of Indiana sell oil in New York?” “I don’'t know.” ‘[)nes it have an office at 26 Broad- way “I don’'t know that it does.” “You are a director in pany? v “Yes. “Do you mean to say that Mr. Moftatt has not an office at 26 Broadway, or that you don’'t know whether he has or not?" “I @on't know, except by hearsay.” “Do you know if the secretary and the treasurer of the Standard Oil Com- pany of Indiana stay at 26 Broadway?” “If Mr. Stahl is the treasurer, as I suppose him to be, and Mr. Cowan is vice president, as I believe him to be, I don't know that they have offices there.” INSULTS SUPREME COURT. “Do you mean to say to the Supreme | Court of Missouri that you don't know where the 'company’s offices are?’ “It is quite immaterial to me what the Supreme Court of Missouri expects me to say.” Hadley repeated the question. “Do you want it for personal infor- mation?” asked Rogers. “You understand my question, with- out evasion, and I ask the commission- er to direct the witness to answer,” said Hadley. At the commissioner’'s suggestion Hadley changed the questlon to: “Dc you not know, as a director, where the general offices of the Stand- ard Oil Company of Indiana are lo- cated?” “I do not as a fact. but I suppose | they are in Indiana, where the com- pany is incorporated, and I prefer to trust to records rather than to my memory,” said Rogers. | “I still want an answer to the ques- {tion. Do you know if the Standard { 0il Company of Indiana has an office at 26 Broadway?” replied that com- I ! | | | | | burial, { have the proper office tools. “] answered that in regard to the office of Mr. Moffatt; the president of | the company. The professor believes the day is near when there will be guaranteed insurance | He is not san-| guine, however, of the compulsory fea- ' for every workingman. ture, The professor pointed out that $19,- 009,000 was paid by large employers last year to insurance companies to secure protection against damage suits by their employes who were injured. ., Of this only $9,000,000 went to disabled workers. The remainder was utilized in fighting damage suits. ——— KAISER PRESENTS BIBLE TO NEW YORK CHURCH Heavily Ornamented Bears Personal Inscription of Emperor. NEW YORK, Jan. 8§—The new Ger- man Lutheran Church on Morris av- enue, which is to be dedicated next Sunday, has received a handsome bible from Emperor William. The book was shown to the congregation yesterday. It is bound in morocco and heavily ornamented in silver. On the title page, written in German by the Em- peror himself, in a very broad chirog- raphy is lhe inscription: Hebrew: Now faith is the substance of LHELM. A heavy silver cross is on.the front cover and in the corners are embossed . Luke busts of Saints Matthew, Mark, ‘The gift was the .result of peror by a committee of the church. BY MISTAKE AT A SICK BED CINC! 0., Jan. 8.—While sit- in Silver and AEAL ooed tokis The. Syicbius o hten adk seen, Wi { chocolate sets and saucers and plates. A beautiful decorated 65c china plates cut OF FANCY CHINA, LAMPS AND JARDINIERES An after-Christmas sale of all salad sets, A store full of pretty things, and what they sold for before Christmas, or what they cost, has nothing to do with it. WHITE HAVILAND CHINA The kind and shape that is so much in de- mand for china painting. 45¢ Haviland plates..........., 50c cups and SauCers.......... And everything necessary to make the com- plete dinner service at like reductions. from $2.75 t0......ceae E\ery kind and size and shape of decorated china cups and saucers reduced to half price. Some beauties selling for.............. A Piano Lamp—one that sold regularly A R s R G o All busts at half price, and vases tnd umbrella ting beside the sick bed of his brother- in-law, poison was taken by mistake by George Stevens yesterday and he died within an hour at the City Hos- pital. His brother-in-law, Robert Louls Glllespie. aged 65 years, died an hour later. ‘Stevens was a Harvard nllulte had acquired a competence on a line of steamships between Boston and New | York, but.lost ‘most of it in the mm crash two w- uao. == 1039 MARK stands and jardinieres. “STERLING FURNITURE COMPANY T STREET OPP H‘ALLISTEF “Do you know whether it has or has not an office there?” “As I implied in my answer.” “Answer without evasion, has it er has it not™ “I am trying to give you a fair and square answer, but I cannot go further; but,I will look into the question and let you know.” WITNESS ROGERS “IMAGINES.” Mr. Hadley: “I am not satisfled. Do you know that Mr. Moffatt, president of the Standard Oil Company of Indiana, has an office at 26 Broadway?" 1 have answered that.” “You can answer twice the same way, can you not?" “I imagine that he has an office there, but I never was In it. My pre- vious answer covers the question ex- actly.” “It is charged in this case that the Standard Ofl Company of Indiana, the Waters-Pierce Oil Company and Repub- lic Ofl Company are in confederation and agreement in violation of the trust laws of Missouri; do you not know that the Standard Oil Company of New Jer- sey owns or controls, either through itself or other parties, a majority of the stock in all those companies?* “I object,” said Hagerman, “as the question of stock ownership is still in court.” Commissioner Sanborn found the question competent and instructed Rogers to answ Rogers declined tg do so. Hadley asked If Mr. Rogers de- clined for any other reason than onm the advice of counsel, and Mr. Rogers said he did not. Rogers was still on the witness stand when the hearing adjourned until to-morrow. RUMOR ANNOYS YERKES' WIDOW Gossips Spread Report That She Is to Marry Wilson Mizner of San Francisco Special Dispatch to The Cail. NEW YORK. Jan. 8.—Friends of Mrs. Charles T. Yerkes attribute to enemies of the widow of the financier responsibil- ity for the rumor that gained curremcy to-day that Mrs. Yerkes intended to re- marry. When seen at her residence Mra Yerkes characterized the report as “ri- diculous” and said it was absolutely without foundation. According to the rumor, Wilson Mizner of San Francisco was to be the fortunate man. It was said that Mizner of late had been very attentive to Mrs. Yerkes and that as soon as the usual period of mourning was over they would be quietly wedded. Mizner, who is one of five broth- ers, is a son of a former American diple~ matist. Mizner has been stopping at the Hotel Astor, vut left there to-day. Friends sald he had gone to Chicago. How the story of the intended marriage arose the friends of Mrs. Yerkes say they cannot imagine, unless some one who en- tertained ill will for the widow started it. They say that Mizner and his brother, Addison, who lives in New York, are among Mrs. Yerkes' circle of friends, but such a thing as an attachment of any- thing more than a friendly nature does not exist on either side Though suffering from a severe cold contracted on the day of her husband's Mrs. Yerkes consented to see rne Call representative. When the report was repeated to her, she became almost hys- terical. “Why, it is absolutely untrue,” she said, when she had recovered her comyosure. “l shall never marry again, bul shall devote my life to carrying out the pro- visions of my husband's will."” —_————————— Office Employees turn out more work—turn it out easier if they Step in and see are a marvel in our new filing devices. The office furniture. Look goe convenient and snug. We are coast agents for Shaw-Walker Index .)ml Filing Cabinets, :anlm&n, t Train Travels at High Speed. CHICAGO, Jan. $.—A dispatch re= ceived last night from Garrett, Ind, states that in a test run made yester- day by a Baltimore and Ohio special train from Garrett to Chicago Junction, Ohio, a speed of nearly ome hundred miles an hour was reached at several points, the whole run of 128 miles being ! made in 126 minutes. pretty decorated cups and 1 25¢ salad set is reduced $1.65 35¢ 0. ccivcsntnsnan 5¢ $10.00