The San Francisco Call. Newspaper, January 14, 1906, Page 43

LULL IN L, | .P'ag‘cs SAN FRANCISCO, SUNDAY, JANUARY 14, 1906. BATTLE FOR TERMINAL. Hearings of Injunction Proceedings Post- poned by Siate and Federal Courts. GOULD MEN IN MEETING WITH HEUER)! The bearings of the imjunction proceedings growing out of the railre war on the Oskland bay shore have Federal and State courts. with i sultation Colonel to Waghington regarding lines on e was | Over started over IMPORTANT DEPOSITION. Le Cor It is the ich it GOULD MEN VISIT HEUER. f Western Heuer Sogue, J er yesterday. the Southern Pacific owns the filled land rivileges on the training wall contains but five | benefit o been postponed for a few d by Representatives of the Gould road held a con- It is thought he does not believe in dispute. He says his report deciding injunction. proceedings, which called for the following caustic reminder | from A. A. Moore: 1 don’t think Judge Ross ever intend- | ed a counselor more than twenty years old to quote that opinion evide It is so self- s at a lawyer. Even a fool can see it.”” And Attorney Moore proceeded to demand that the case at bar be decided according to common sense. After listening to the arguments for two hours Judge Waste took thes demurrer under advisement and continued the hear- ing until Tuesday morning. The arguments were opened by Staniey Moore for the Southern Pacific. He stated | that thesdemurrer was both general and special. He declared that the plaintiffs had failed to allege how and why the lay- ing of railroad tracks on the fill would be an irreparable injury to the dredging comp: Unless the injury was irrepar- able and could not be compensated in damages, he sald, plaintiff had no right to an injunction Agtorney Davis went over the complaint w that it did not recite sufficient arrant an that the same com ved an sed ed by laymen should be exer- in & court of equity. He said the parable if the Southern Pacific entered e property and ousted the plain- American Dredging Company peaceable possession, he sald, had mitted to take possession by the esignated by a United States s Warren Olney and Charles E. nook argued that the occupancy for any perfod of property belonging to the State conveyed title against all but the State, and Olney read section 1006 of the Civil Code in support of that contention. He sald that in former years injunctions | were not invoked in cases of trespass, but tate and Federal courts had changed when the mining cases be- in California. Now, he declared, all s had united in enjdining tr “This plaintiff has entered into a con- tract to improve Oakland harbor for the f the people,” he said. “To do this the spoils must be dumped on land in the interest of the people and for the pub- lic good. The contractor is the agent of e Government. It is a matter of com- n sense that the operation of a steam d on the place designated for the would be an injury to the con- tractor. Friendly occupancy might not interfere with the plans, but it has been shown that the Southern Pacific would be The closing argument was made by A. A. Moore, who declared that the Govern- ment had not sued, and the American Dredging Company had not sued as a gov ental agent. The dredging’ com- he said, stmply had a coptract to the channel, and the suit had 7 | nothing to do with the rights of the peo- pening that hes gle limitation redging ngements with | course | authorizatic t the consent of their nés ege STATEMENT. of Colonel Heuer He says that the | acting through ging compeny hold- mission to po; 4 of individuals consent of these. horize the American Dredging | to 0 e land north of the | jtates training wall, and that | ch against the consent of the Pacific Company. It would thus Co el Heuer does not con- Pacific Company to be | land in question. on the applications | to bufld along the | of the plerhead lime, r said: “My report will gton next Monday, and I t that it will be made pub- I will not divulge it. I s, however: my report is just SIGNIFICANT thers sider the Southern then | | | { | be very hazardous guess- a report five lines long 5 a very simple acquies- to t request the Western | | it JUDGE GIVEN MUCH ADVICE. Corporation Lawyers Ask Court to Use | Sense. —Common sense was | arguments of the at- the Southern Pacific and e raflroads this' morning, | when 8 ge W. H. Waste took | e ¢ ? the Southern Pacific | for an injinction filed | Dredging Company. long, and earnestly =c and made a joint rt exercise it in deciding thern Pacific should be nstructing tracks on Peralta street slip. = differed widely on the | method of disposing of the | 1 a different brand to e mi te. Attorney William R. Davis even went o far as to quote’an opinion from Ji Ross on the value of common sense | peopie { to Fruitvale station, where ple. He insisted that the demurrer did not attack the right of the dredging com- posit mud. k about the dear people is made to further inflame the good citizens of Oakland and the press,” he said. “Devel- opments have proved that the averments of the complaint are all falsehoods. This talk about tide lands and uplands and what not is not to the question. If Da- vis wants to wander with Olney afoot, horseback or in a boat about these navi- gable streams and tide lands, he may, but it has been proved conclusively to this dering man of common sense that we have been restrained from going on land we claim as our own. The dear know that the Western Pacific is g to gain -a lodgment on land owned the State, because nobody can own it e sted that the cotirt pass upon the demurrer, but Judge Waste said he was not going to be driven by either side into giving & hasty opinion on so im- portant a matter. Then Moore asked that the hearing be resumed Monday, but the court set it for Tuesday, and the attorney for the Southern Pacific was still noting an exception when Judge Waste left the courtroom. The Western Pacific has complied with try | & section of the Civil Code which requires that railroad corporations shall file a map z(:; lsetr proposed lines with the County Slerk. P P S TECHNICAL ROAD MADE REAL. Southern Pacific Runs Trains om Mel- rose Track. OAKLAND, Jan. 13.—Regular hour- ly passenger service was inaugurated this morning over the new line of track lald yesterday from the Southern Pa- cific main line to the San Leandro road between Sather and Melrose stations, the first train, consisting of & locomo. tive and one car, being run over the line &s soon as the construction crew had finished the work of laying the rails. The new train service extends from the end of the new spur at<Bast Fourtesnth street and Deering avenue connects with the broaa gzu::: };ac:;: for Oakland and San Francisco, Early this morning a gr: was switched on the siding with a joon of ballast for the new track, and as soon as the construction crew finisheq the work of making the track safe the first passenger train, in charge of Con- ductor 1. M. Rilea, Brakeman J. D, Les- lie, Engineer D. N. Collyer and Fireman W. J. Rickards, began its regular hourly run beétween the new terminal and Fruitvale station. This afternoon another trainload of material arrived at the junction of the main line ana the new spur, which will be used in the construction of a second line of track to the same point, when a thirty-min- ute service will be put in operation. ———— Japanese Minister in Chile. SANTIAGO. Chile, Jan. 13.—M. Seghi- mura, the new Japanese Minister to Chile, has arrived here and commercial intercourse between the two countries will be inaugurated. injunction, and said | sense that was en- | outhern Pacific had no right or title to | | the fill, and the damage would be irre- the place of deposit | 1 nt that a court should use common | a lJayman can see it as well as{ | | that WITH BYES F A ARG Sight Restored byi a Remarkable Operation. |Cornea From a Rabbit | Grafted Upon Blind | Person. M Surgeons Announce Success of Delicate Feat With Scalpel. R Special Dispatch to The Call. WASHINGTON, Jan. 13.—Hereafter Wil- ton Heinard, a resident of .vortheast Washington, will see the world through the eves of a rabbit. By one of the most delicate and successful operations known to modern surgery there has been fastened upon the =sightless balls of Heinard’s eyves, seared by burning lye, the transparent cornea from the eyes of a Belgian hare. Sight is promised him again, after more than a year of total blindness. Late at night on April 16, 1904, Heinard, a prosperous dealer in‘the Eastern mar- ket, was attacked while on his way home by a negro whom he had formerly em- ployed. His agsailant dashed a strong solution of lye into his face. Heinard was bad burned and the hospital surgeons | declared his sight entirely gone. Specialist after specialist was consulted, only to report the case apparently hope- less. Finally gne declared there was but one possible operation, and the success of could not be promised. This was that the cornea from the eyes of a Bel- gian hare be grafted on the balls of Heinard's eyes. The injured man decided that his condition could-not 'be worse, and it was determined he should go under the surgeon’s knife. While the- patient was-being -prepared for the operation a rabbltry was estab- lished in one eorner of the hospital grounds and in it an especlally seclected breed of Belgian hares was installed. On the day appointed the selected rabbit and the man were placed side by side on the operating table, both under the influence of anesthetics, and, section by section, the gossamer-like cornea from each eye of the hare was lifted and “planted” over the sightless eyeballs of the man. Heinard was allowed to go to his home, the only instructions being that he should rest until it was assured that the ‘“new eyes” were his own. OREGONTANS COMING TO VISIT OUR STATE Party Is Expected to Reach San Francisco on Next Monday. Special Dispatch to The Call. PORTLAND, Jan. 13.—The $10,000 excur- sion train to California pulled out of the Union depot this evening, with its accom- modations for 175 passengers all taken. Included in the number are leading busi- ness men of the State, heads of com- mercial organizations and State, Federal and city officers. With the adjournment of the Develop- ment League and Press Asociation conven- tions this afternoon the work of the vis- itors is concluded in Portland, and those who left with the excursion will spend the next two or three weeks geeing the pleas- Reaching Sacramento before daylight Monday, the party will breakfast and be given a drive over the city, followed by a luncheon, tendered by the people of Sac- ramento. San Francisco, as the metropo- lis of the Pacific Coast, has been allotted the longest visit of any point on the itin- erary, from 5:3 p. m. Monday until § a. m Wednesday. ——————— FOOTPAD HOLDS UP WOMAN. OAKLAND, Jan. 13.—Mrs. M. G. Boer- ner, residing at 2249 Chestnut street, was held up to-night at 8 o'clock by a lone footpad on Nineteenth street, near Harri- son, and robbed of a purse containing 25 cents. The thug stepped up behind the young woman and grabbed her around the neck, snatching the handbag she was carrying. Despite the suddenness of the attack Mrs, Boerner resisted her assail- ant and In the struggle the reticule opened and another purse containing jewels and money fell to the ground. The footpad in his haste overlooked this purse and fled, being frightened by his viotim's cries for help. Before assistance arrived the robber had disappeared. Mrs, Boerner recovered the second purse and | ran to the home of a friend nearby, where she collapsed from the shock. The Dollce‘ were notified later. Mrs, could | sive only a meager description of her as- eallant, who, she said, was a young man, | : f programme ! Park Music for To-Day. The following musical has been arranged for the concert this afternoon in Golden Gate Park: Part 1—"Star-Spangled Banner" march, “Yankiana” (Loftis); overture, ; “Tantalusqualen” (Suppe); waltz, “The Wedding of the Winds” (Hall); solo for trombone, air Varle, “Down on the Farm,” (Harlow), Thomas Ingram; grand fantasie, “Un Ballo in Maschera' (VerdD). Part II—overture, “Racoczy” (Keler Bela); “Zankteufelchen,” ballet ~Wil. liam Tell” (Rossin); sélection, “The Bultan of Sulu” (Wathall); “Plantdtion Echoes” (Puerner); march, “The Thun- derer” (Sousa). Physician Becomes a Vagrant. SANTA CRUZ, Jan. 13.—Dr. W. R, Darling, formerly County Physician of Santa Clara County, who was recent- ly released from the County. Jall, was brought here from Watsonville last night to serve thirty days on a charge of vagrancy. Commissioners of Empress Honored Guests at Splendid Fea * Affair Attended by State and City Officials, Officers of Army a nd Navy and Many of the Leading Citizens. The Chinese imperial commissioners and the principals in their suite were enter- tained at a magnificent banquet last night at the St. Francis Hotel given them by Consul Chung Pao-hsi and Vice Consul Owyang King. It 'was one of the most elaborate banquets ever held in the city. To meet the distinguished visitors were invited the leading officlals of the State and city, officers of the army and navy, representatives of the Chamber of Com- merce, ‘other civic bodies and many of the leading members of the Chinese com- munity residing here. Over 100 sat down to the sumptuous feast, which was spread in the beautiful white and gold room of the St. Francis. The spectacle was dazzling. The visitors were all arranged in rich robes of the rarest silks and satins, many of them be- ing elaborately embroidered. They all ‘wore caps or hats, many of them being profusely decked with crimson tassels and long ostrich feathers. Added to tl dis- play were the officers of the United States army, navy and Marine Corps, all re- splendent in the full-dress uniforms of the service. The decorations of the banquet hall were of rare beauty. The feast was served on one long table, which stretched from one of the rooms to the other. The ban- quet board was twelve feet wide and was covered by.a snowy damask cloth, almost hidden from view by garlands of smilax. In the midst of this decoration sparkled hundreds of tiny red, white and blue in- candescent electric lights. At intervals were pladkd great clusters of American Beauty roses and tall bronze urns and rare copper lamps. Just over the middle of the banquet board, suspended from the celling, was an immense umbrella, wrought in soft greens and studded with crimson carna- tions and myriads of little silken. Chinese imperial flags. It was directly beneath this canopy that the guests of honor sat. HONORS TO TWO FLAGS. At intervhls down the length of the room were placed gorgeous Chinese lan- terns. Draped on the sides of the blg mirror at the west side of the hall were two immense flags—one the stars and stripes and the other the flag that floats over the Chinese empire. A splendid or- chestra played national airs during the feast. 3 The beauty of the scene was augmented by the appearance In the gallery over- looking the scens of a number of the wives and members of the families of many of those participating in the ban- quet. The ladies were all gowned in ball attire. Tal Hung Chi sat at one side of the center of the board and directly opposite him sat Tuan Fang. Those immediately sitting next them were the two hosts, General Sumner, ‘General Funston, A miral McCalla, Admiral Goodrich, Pro- fessor Jenks, Colonel Jocelyn, David Starr Jordan, Benjamin Tde Wheeler, John P. Irish, Sao-Ke Alfred Sze, Cap- tain, B. P. Jervey Jr., Lieutemant J. A. ngélm and Lieutenant H. C. Long. Although there were no set speeches there were a number of short informal talks, Consul Chung Pao-hsi made a short address of welcome in Chinese. In reply the two commissioners said a few words of thanks in Chinese. These remarks were translated by Alfred Sze, and were to the effect that the rep- resentatives of the Empress were glad to be here, and begged to thank the dis- d company of representative| ufl!’uuhvevlm had been asked to meet. 1 sald, addressing himself to the resident Chinese present: her children here to know that she still has their interest as much at heart as though they were at home in their own empire.” PROFESSOR JENKS SPEAKS. Professor Jenks followed. and he spoke as follows in part: “Mr. Consul and Your Excellencies the Imperial Commissioners: The greatest service which one nation can render to another is to give to it noble ideas and lofty ideals. We are in the habit of trac- ing back to ancient Greece much of our highest culture, which has sprung from the {deas current in anclent Athens. We have, perhaps, no to learn from. great country so te Suesta ‘of -the evening. During. “The Empress want{s | which I had the pleasure of spending in China I was repeatedly impressed in as- sociating with the higher officials, with the refined culture of that people. Ome of our honored guests at one time showed me some antique bronzes representing the art of China of 1000 B. C., which showed and the delicacy of their chasing an art fit to be compared with that of ancient Greece. “Thus at a time when our ancestors ‘were untaught savages wandering in some unknown land the ancestors of our hosts and guests were the upholders of a civilization worthy to be with the best of either ancient or mod- ern days. Confucius, too, in a period scarcely less remote, gave expression to moral sentiments applicable in political life, which if followed out to-day in any modern country would give us a gov- ernment of the highest excellence. have modestly stated that they have come to our country to learn. We should recognize, as many of us do recosnize, that we have as much to learn _from them as they from us. We should be grateful to their Imperial Majesty for sending to us men who so well exemplify the refined culture and the practical abil- 1%y of China, and we trust that from the associations brought about by such missions both countries will be greatly benefited.” CHINESE ON AN EQUALITY. Johp P. Irish said in part: “All good Americans are glad to see the gutual good understanding between this country and the great Chinese empire. The visit of ‘your excellencies is the beginning of a social and official intercourse that will benefit both countries. Here we know the Chinese for their fidelity to their word and contract, as the most honorable of all men in their commercial transac- tions. We Americans hope for the day when this country will achieve its true dignity by treating China on a basis of perfect equality with all the other na- tions of the earth. The visit of your excellencies helps us to realize that policy and to place our country in its true po- sition of dignity and justice toward all nations and all races.” Dr, Jordan said in substance: “The greatest asset of the State of California {s the good will of China and Japan. It is not very many years since we discovered the Orlent and the Orient discovered us. The greatest asset of Japan and China is the good will of the United States. We are neighbors, and everything that helps the prosperity of the' neighbor on one side is good for the neighbor on the other. If we are to build up a great commerce, as we shall, with Japan and with China, then it is es- séntial that China and Japan should them- selves be prosperous. ? ‘International trade is always barter. No nation can buy unless it has some- thing corresponding to sell. As a great part of the trade of the future will be across the Pacific between these two continents, 8o it must always be true that the greatest asset In the economic way of the State of California is the good will of its neighbors on the other side. Nothing can be more important to these neighbors than the good will of the United States. So here is to the growth, development and prosperity of the great empire of China.” MUCH TO LEARN FROM CHINA. President Wheeler spoke in substance as follows: “Mr. Consul and Your Excellencies the Imperial Commissioners—It has given me_ great pleasure to unite with those who are here to-night doing honor to the representatives of the anclent em- pire of China. We are pleased to hear that you are seeking to learn from us. It is the way of the nations in these lat- ter days of enlightenment to learn from each other and we are persnaded that we have many things to learn of you. ¢ “We have to learn of you that regard for all the Interests and facts of soclety ‘whereby is brought to pass that exq e ipoise in human society by which in the graceful symmetry of their form | compared | “The honored guests of the evening | WAN SEES - [CHINESE AT BANQUET HEAR KINDLY WORDS st 1 o e 4 aos 3 SCENE AT THE BANQUET GIVEN IN HONOR OF THE CHINESE COMMISSIONERS. EOrientals Inspect the Merchants’ Ex- change. Tuan Fang Speaks for Best Trade Relations. Emerging from dripping automobiles, In which they were borne from the St. Fran- cis Hotel ‘to the Merchants’ Exchange, the members of the Imperial Chinese High Comimission entered yesterday the portals of the stately home of “bulls’” and ‘‘bears” to make informal inspection of the heart.of San Francisco's trade and financial life. Following the inspection | of the exchange the “visitors decided to | forego their proposed trip_ to the Union Iron Works owing to the 'inclemency of the weather. Returning to the St. Fran- cis, a private reception was accorded the leading Chinese merchants of this city by the High Commissioners and their suites. The first to emerge from the automo- biles were the officers of the -Chinese army who are accompanying the commis- sion. Very erect and soldierly, in light blue coats with striking absence of gold brald, dark trousers with red double stripes, close-fitting cavairy boots and jpurs, with sword hung at side and mili- rmry cap held across the breast, the of- ficers stood, sentinel-like, at. the large open doors. GORGEOUSLY ARRAYED. Past the men of arms, with roil galt and gorgeous raiment, came Tuan Fang and Tai Hung Chi, High Commissioners, and thelr satellites, dressed if possible even more brilliantly. Out of deference to the weather peacock plurhes were dis- carded and raincoats served to protect the silks and satina ol the visitors. At the door the party was met by See- retary Friedlander of the Merchants’ Ex- change and escorted beneath the Ameri- can and Chinese flags into the high-vault- ed Inclosure of the exchange. There, as the members gathered about them, the visitors ‘were placed ng a platform raised against the sout wall and were ‘welcomed by Fairfax Wheelan In a short speech. f ‘Wheelan sald the reception was acedrd- ed to them as the representatives of the oldest empire and also as representatives of the higher, greater and superior class of the Celestial empire that is endeavor- ing to upbulld New China. He extended to. them on behalf of the Merchants' Ex- change a hearty and cordial welcome. the address Tuan Fang sat with folded hands while an interpreter trans- lated to him the speaker’s remarks. URGES TRADE FRIENDLINESS. Tuan Fang then spoke his reply in Chi- nese, with little gesticulation and less | emphasis. His speech was repeated in ex- cellent English by Wu Kwang Kien. The High Commissioner said that hé appre- | clated the welcome given the commission and would try to reciprocate the feelings expressed toward its members. He said that the present era of commercial ad- vance throughout the world is being feit by every nation, and that the utmost should be dome to further the commercial relations betmn the United States and China. He | that the object of the | STUT DISWISSED FAON POSITION Woodward Dispenses With Services of Engineer Who Prepared Geary Road Plans p R Sl The differences existing between City { Engineer Woodward and Consulting En- gineer J. C. H. Stut over the prepar- ation of the plans and specifications of the proposed municipal Geary-street | railroad system culminated yesterday in sal of Stut by Woodw . The City Engineer sent the followi curt ng Stut of his dismi: C. H. Stut 2 pro- street: You having declin to ceed with the plans of the Geary- street rafiroad, in accord: with my communication of January 5, you are formally notified that your services ‘in that connection are at ait end.”™ 111 feeling has existed between Wood- ward and Stut ever since the latter gave testimony befora the old Board of Super- visors directly contrary to that of Wood- ward relative to the proper construction of the Geary-street road. Just b the last election Woodward, to make political capital for Mayor Schmitz, gub- mitted plans for the extension of . the Geary-street road on Tenth avenue. The Board of Supervisors had previously adopted a resolution directing the prep- aration of plans for the entire road, but Woodward, at the order of his master, submitted the plans for the small branch line in order that a hue and ery could be raised because the Board of Super- visors did not order the branch bullt at once. The incumbent Supervisors were accused of delaying the bullding of the road in the campaign speeches made by the orators of the Union Labor party. Woodward informed the Supervisors in open meeting that it would be advan- tageous to build the branch line first and the main road afterward, but Stut, whe is an engineer of long and wide expe- rience, and who, in fact, had prepared the plais for tie system without any aid from Woodward, flatly informed the Board of Supervisors that the system could be built more cheaply and better if it was constructed in its entirety. Woodward was then again directed to submit the plans for the entire road, which he did after Stut had prepared them. When the plans were ready it took the combined efforts of Mayor Schmitz, his secretary, George B. Keane, and Supeér- visor d'Ancona to’prevail on Woodwazrd to submit them to the.board. Woodward desired to delay their submission 'be- cause they were in two sets, and he contended that they mu#f be combined. Finally Woodward filed them with the Board of Supervisors Byt'a week later withdrew them to' make‘what he deems | to be necessary. ‘changes, but demom- ! strating of course who is really causing | the delay -in _the construction of the road. Stut and Woodward have been at log- gerheads for months because Woodward insisted on Stut making changes which he (Stut) did not deem necessary. Im fact, Stut declared that the road could be built at once under the plans. Finally Woodward sought private legal advice as to whether any change could be made in the plans under the resolution of the Board of Supervisors. He has not yet received the opinion, but came to the conclusion that he would vent his spleen on Stut, who had informed him that to make the changes would be ggainst his consclence. Woodward says the revi- ston of the plans will be done without the ald of Stut and will be completed in & month. This remains to be seen, e Folsom Masons Install Officers. ) FOLSOM, Jan. 13.—The officers of Na~ toma Lodge No. 64, F. and A. M., were installed at a public installation last night, members of the familles and other guests being present. The instal- lation ceremonies were conducted By FPast Master P. C. Cohn, assisted by Past Master F. P. Burnham as grand ‘Worshipful master, J. senfor warden, G." A. Bauer; junior war- den, George T. Hesser; treasurer, E’ R. Levy; secretary, Ray D. McFarland; marshal, J. B. Riddle: senior deacon, Louie Klumpp; junior deacon, C. ‘Winterberg: stewards, O. J. Miller and D. E. Wiley: tyler, W. R. Bean. A dance and banquet followed the installation. ——— Graduates Receive Their Deplomas., SANTA CRUZ, Jan. 13.—The follow- ing graduates of.the Santa Cruz High | School have been granted their diplo- mas: Marguerite Diaz Pena, Alice Witney, Bambena Amethyst Sargent, Laura Marsh, Priscella Irena Pattom, Marcus A. Rice and Ruby S. Cohen. [ s R e e were shown the various features of the