The San Francisco Call. Newspaper, March 8, 1906, Page 2

THE SAN FRANCISCO CALL, THURSDAY, MARCH 8, 1906. PRESIDENT SEES HOLES IN B Signs Measure Calling for Inquiry Into Coal and Oil With Great Hesitation e MESSAGE TO CONGRESS) i Legislation Not Comprehen- sive and May Result in Immunity for Offenders g rocesses of gh, of course, w are pow s Th estigation secur- s € to take effect March B, the Lieutenant John uts. Captain geon, on ar- proceed to etz DS ss Bill Reported., ON, March 7.—The Rans- was reported in to the entire by a wde w en the The ficers from nan passes ceptance of o8 ME S Al‘\'lZHT THE CHARCOAL. Few People Know How Useful It Is in _ Preserving Health and Beauty. riy everybody knows that char- est and most efficient, dis- purifier in nature, but e when taken Into for the same cleans- VALUE oOF hat the more it is not a the breath after after eating on- etables. rious gases which and bowels; it d throat from h. sell charcoal in one but probably the hest e most for the money uart's Charcoal Lozenges; they iposed of the finest powdered , and other harmless ablet form or rather in ge, pleasant tasting charcoal being mixed s, honey. re dafly use of these lozenges will ell in a much improved condition health, better complex- breath and purer blood, auty of it is, that no possible n result from their continued , on the coptrary, great benefit. fralo physician, in speaking of wefits of charcoal, : “I ad- soon s suffering from gas in stomach owels and to clear the complexion irify the breath, mouth and I also believe the liver is great- ted by the daily use of them; but twenty-five cents a box ores, and plthough in some i patent preparation, yet I be- ve I get more and better charcoal in rt's Charcoal Lozenges than in any of the ordinary ghargoai tablets.” ? | speeches on a special | poc phone or ex- | SPIRITED DEB ATE OVER - RATE BILL IN SENATE [Court Review Featur e Brings QOut Variety of Opinions on the Subject. - | T | WASHINGTON, March 7.—That there is still a sharp difference of opinion be- suppesed friends of the Dolli- pburn railroad rate bill was made manifest today in the Senate The divi is over the ques- a rate made by the e Commission shall be a ion and was brought to the sur- a brief debate which followed a | by the pending final courts ech by Clapp in support to a question by Tiliman d goubt as to the power gislate as to enforce penalties pro- by the bill pending a review of any findings by the court Bailey took sharp issue statement. The former ex- he opinjon that the issue is a and declared that if an order of the comm fon ig not to be maintainea until a final judicial settiement in a case is reached it will be necessary to reform the courts. Bailey also contended that Con- gress can so legh commission’s rate pose giveh until the final order ~ | of the court is issued and to prevent inter- locutory orders suspending such rates. During the day there were two set the rate bill, the one by | Clapp in support of it and another by 1Sl;ntt practically in opposition. The re- | mainder of the day was devoted to the | statehood bill. SCOTT IN OPPOSITION. Scott's argument was directed mainly against the principle of the Government ownership of rallroads cluded the control of rates by the Gov- ernment. He admitted that there are evils connected with the railroad system of the country, but said he would not vote for the pending rallirad rate bil! without a provision for ample court re- view. On the general subject of permit- ting the Government to fix rates he said: | From an intimate relationship with _rail. roads as a shipper for nearly thirty years I | have given this subject my consideration. As a Senator of the United States I have tried to study the question ‘of Government control | from the broader standpoint of the roads and all shippers. As a consequence I am forced the conclusion, from every standpoint, the the roads a better able to fix ratés in | cordance with the laws of trade than a Go ernment Scott declared that as to the charge of unreasonable rates there is practically no foundation. He referred to the fear | that the railroad consolidations would | have the effect in the future of greatly | advancing rates, but he expressed the | opinion that that question could be dealt | with when it presents itself, if it ever does. He added: Should railroads by merger attempt to limit competition and thereby lessen the opportuni- ties for commerce, I, for one, would insist on_radical action. I want the bill amended so that the coal ator of West Virginia can open his mine, | bave that mine connected with s railroad, | have his just share of cars and thus have his product carried to the best market, so the farmer of the West can ship his surplus grain; the planter of the South dispose of his cot- ton, and the jumbermen of the North of his | timber, and that these in turn can take their share of the manufactures of the East, and so that it will be plain that the raliroads | shall not be owners of coal lands, grain lands | or any business enterprises, and tha{ the small | producer shall have an equal chance with the | larze. | He closed with the declaration that while he considered the rallroad men more capable of regulating rates, he was willing to permit the experiment of a | rate-making ‘commission to be made, be- | cause of the popular demand. He added, | however: 1 am absolutely and unequiVocally opposed to giving them that power without a pro- vision for & broad and general court revision, to which the shipper and carrfer can appeal when the rate designated is unfair to efther. | CLAPP FAVORS MEASURE. When Ciapp closed, the President's | message on the joint resolution directing | an inquiry into the coal and iron traffic | was read/ Clapp then spoke on the rail- road rate bill. Taking up the question | of a judicial review of the commission’s | ruling, he sald: | Objection is made to the fact that the bill | does not go into the detafls of the Judicial | procedure ‘which a carrier may invoke. | bin cceeds upon the theory that when fixed by the commission it consum- mates the act of Congress and that it is no more necessery to prescribe the details of the judicial procedure Involved a the act amounts to the illegal taking of prop- erty than it would be if Congress named the rate in the bill jtself. The act of is the act of dealing with the question of the regulation of & matter subject to Congres- sional regulation and in. either case, so far as Congressional action goes, is final. But in either case, as under any act of. Congress in the enforcement of which a party clal lawful deprivation of property, the ing this claim can go into & court of equity and assert his rights. The further objection, however, is made that there is a broad distinction between the line which marks the reasonableness of a rate in fts reduction and the point of confiscation. But it should be remembered that only has @ right to reduce a rate to a n- able point. The law by express terms oply allows the commission {0 &0 {0 that polnte o redace @ rate bel>w that point would . be not_only to invade the property rights of the carrier, but it would be in excess of the au- | thority of the commission. And the courts have frequently used the word ‘‘reasonable’ as defining the extent of their inquiry when the complaint has been made that the rate was destructive of fixed rights. T e e of the | ate as to maintain the | - Perkins and Spooner spoke | " | in opposition to that bill as it stands. in which he in- | in that | g i | | SENATORS WITH OPPOSED VIEWS WHO SPOKE YESTERDA ON \1 THE RAILROAD RATE BILL. i |+ + | most public acts, and provides that the order shall be in force and effect unless suspended or vacated by a court of competent jurisdic- tion. It has been urged that, pending an ex- amination by the court. the carrier mighit con- tinue the old rate, paying the difference inta the court for the use of the parties who have pald the freight in case the court should ulti- mately sustain the new rate. his is open to two objections: First, the impossibility in | a great majority of cases of determining upon | what particular individuals the burden of the | excess falls; and, secondly, it presents a grave | unconstitutional question. LIVELY DEBATE TO FOLLOW. When Clapp concluded his regular ad- | dress, he was questioned by Tillman as to his construction of the thirty-day pro- vision in the rate bill and the brief col- loquy . that ensued caused a great deal of interest. Tillman asked Clapp if he interpreted the bill to mean that any Circuit Judge or District Judge upon comiplaint could suspend the order of the commission un- til the litigation was completed and Clapp replied: “No, not in a thousand years." He added that what he had said was that “where the court suspended ‘this order pendents lite, it only operates as the ex- { pression of the purpose of the court, but in view of the language of the provision ‘unless the same shall be suspended,” also operated as the purpose and will of the Legislature as to its not being in fact vet suspended and, consequently the car- Tler obtaining this temporary restraining order would not be liable for the penalty of $5000 a day in‘{he meantime if the re- straining order was finally vacated.” This statement of the Minnesota Sena- tor's position had the effect of eliciting the following from the South Carolina Senator: “If,’ he said, “the penalty of $5000 a day is suspended by an order of the court, pending the litigation, where is your punishment to compel the carrier ever to obey an order? Is not the whole case given away If the Senator's con- tention as to the Interpretation of these words s right? Are we not face to face witk an absolute surrender of the rellef to the shipper?” TILLMAN'S WORDS AFPLAUDED. In response to an inquiry from Bailey as to whether he would not join in an effort to secure an amendment to the bill, which would retain in effect rates fixed by, the commission until finally deter- mined by the courts, Clapp said he could not, on the ground that such a provision would affect the very life of the pro- posed law. 4 Bailey did not accept the doctrine that Congress had not the power to forbid a suspension of rates and sald that if such ‘was the case the Spooner amendment should ‘be accepted. He did not believe { In closing the doors of the courts to any one, but insisted that until the courts should conclude their investigations and reach a final verdict the rate of the co mission should continue in effect. - Tillman evidently had been very ner- vous while the debate was proceeding and. he secured the floor as soon as he could conveniently do so. He spoke for only a moment and said: % 2 “The interpretation given by the Se ator from Minnesota is absolutely con- trary to my understanding. This is a most important difference, to my mind it is the spinal cord of this whole question. 1t Congress is to be hedged about by Ju, | dicial secrets we shall have to reform the Supreme Court, for the people are de- termined to have relief.” 3 The announcement of this s nt elicited scattering applause in e gal-, leries. i i % . The stats! was then taken u @and Mr. Perkins spoke in u= the union of Arizona and New BN E bt CONST AFFARS JTTHE CPITAL ewspaper Correspondent Is Mentioned in Connection /ith Alaska Governorship CANNERS. MAKE PROTEST Object to Proposed Bill for Regulation of Fishing in the. ‘Waters of the North Speeial Dispateh to The Call. CALL BURBAU, POST BUILDING, WASHINGTON; March 7.—Walter E. Clark, the well-known newspaper man of this city and correspondent of the Seattle Post-Intelligencer, is being con- sidered by President Roosevelt, it is declared nere, for the appointment of Governor of Alaska. Clark has had much experience with Alaskan affairs and is regarded as well qualified for the position. 1t is not certain that he would take the place, but many promi- nent men here are understood to have urged his appointment. ‘he Secretary of the interior has ap- proved the contract for the purchase by the Government of the entire sys- tem of canals on the north side of the Salt River Valley, Arizona. The con- tract now approved carries with it an allotment of -$314,000. - The Secretary has also allotted about $400,000 on a new solid masonry diversion dam to be located on Salt River, two miles below the old dam, already referred to. This makes a total of $4,500,000 now set aside from the reclamation fund for this project. Representative Knowlan@ was in- formed today that the sub-committee of the naval affairs committee of the House had made a fayorable report on his bill to walve the age limit and admit to the pay corps Navy Pay Clerk Walter D. Bollard. When the Yosemite was wrecked near Guam on November 16, 1900, Bollard went back to the ship after it had been abandoned and saved many thousands of dollars in gold and silver. : Through the efforts of Representa- tive S. C. Smith of California an item of $37,000 has been inserted in the In- dian appropriation bill for new build- ings and other improvements at the Riverside Indian School. Representatives of Alaskan canners and fishermen appeared before the House committee on Territories today to oppose the Cushman bill for the regu- lation of fishing along the Alaskan coast. C. W. Dorr’ of San Francisco, Captain D. H. Jarvis, Representative Humphreys and Fred Stimson of Seat- tle addressed the committee. “ae Cushman bill gives the Departe ment of Commerce and Labor practically a free hand in regulating Alaskan fish- eries and the measure was criticised on the ground that it centers too great a power in the department. Mr. Dorr, general counsel for the Alaska Packers' Association and vice president of the torporation, said the Cushman bill involves provisions for the regulation of fisheries which if enforced would ruin many canneries. The Secretary of Com- merce and Labor is authorized by the bill to fix fishing limits and could so restrict fishermen that great hardship would be suffered. Representative Gfllett and .other mem- bers -of, the, Cal . delegation have received protests st the bill permit- ting_a diversion of, Sacramento River waters in Tehama County for irrigation purposes. There seems to be some dif- ference of opinion as to whether the scheme would lower the river's level to a dangerous extent. Representative Mc- Kinlay, who introduced the bill, will await further developments before press- ing the measure before the House com- mittee on interstate commerce. Representative Needham has secured a hearing before the ways and means committee on the sweet wine bill for next Monday, when Percy T. Morgan of California and Commissioner Yerkes will speak. If the hearings are satisfac- tory members of the committee have as- sured Needham that the bill will be fa- vorably reported to the House. Representative Hayes expects to take advantage of the latitude of debate in the House and make a speech at an early day on the subject of Japanese exclusion, which he ‘will ‘strongly favor. + * He expressed ‘his conviction that Arizona was prepared for single statehood. < e DEMOCRATS MAY AMEND. Republicans Who Would Change Rate Bill to Wait, WASHL.GTON, march 7.—The issues involved in the controversy over the pend- ing railroad rate bill were squarely put to the Senate today in the speech of Sen- ator Clapp, one of the Republicans sup- porting the measure without amendment, and by resultant remarks from Senators Bailey and Tiliman, who are supposed to represent the views ~of the Democrats. The discussion .on these speeches later by Senators on both sides of the cham- ber. developed a new phase of the situation. Senators Aldrich, Foraker, Crane and other Republicans,s who are seeking to amend the bill s0 as to previde for ju- dicial veview of orders of the Interstate Commerce Commission, took the position that the discussion of the situation demonstrated ‘that the friends of the measure are divided and that the bill should not be accepted in ifs present form. They sald they were en- couraged in the position they had taken from the start and declared that when the bill is brought to a vote they will have supporters enough to adopt a court- review feature. " Discussing what he viewed as the wav- ering among the supposed friends of the Hepburn bill, Senator Aldrich declared: “Of this much I am certain: We have ‘our end of the schooner firmly anchored, and if we go down it will be with flying colors.” 7 Benator Bailey took the position that an order of the eommission should con- tinue in effect, pending final disposition by the Supreme Court of the United States, and that Congress could limit thy enjoining powers of ceurts other than the Bupreme Court. . After the termination of the debate both Senators Bailey and Tillman announced their decision to hold out for an amend- ment. intended mot o interfere with the operating of the rate-making powers ‘which the bill purposes to confer on the commission, but which would save the rafiroads all th ts to their day in|™ g under existing court, which they possess statutes. ‘ Friends of the court-review feature have | decision again determined to await the of the Democrats before offering an amendment themselyes. They expresse the bellef that an amendment from the Democratic side would be more effective. 4 ————————— ect Historieal A 'GTON, March 7.—The House committee on public lands agreed to- day to make a favorable report on a bill to -protect historical landmarks. It is signed especially to preserve the cliff dwellings in New: Mexico and Arizona and provides.that land on which objects of historical interest are located may be set aside by the Government and ‘protected from' vandals, i |is used twice-a-da; y you will have bottles of one size only. accept it. the California: Fig Syrup Co. If any dealer o 'Home * as with joyous hearts and smiling faces they romp and play—when in health —and how conducive to health the games in which they indulge, the outdoor life they enjoy, the cleanly, regular habits they should be taught to form and _the wholesome diet of which they should partake. How tenderly their health should be preserved, not by constant medication, but by careful avoidance of every medicine of an injurious or objectionable nature and if at any time a remedial ‘agent is.required, to assist nature, only those of known excellence should be used; remedies which are pure and wholesome and truly beneficial in effect, like the pleasant laxative remedy, Syrup of Figs, manufactured by Syrup of Figs has come into general favor in many millions of well informed families, whose estimate of its quality and excellence’ is based upon personal knowledge and use. Syrupof Figs has also met with the approval of physicians generally, be- cause they know it is wholesome, simple and gentle in its action. We inform all reputable physicians as to the medicinal principles of Syrup of Figs, obtained, by an original method, from certain plants known to them to act most benefici- ally and presented in an agreeable syrup in which the wholesome Californian blue figs are used to promote the pleasant taste; therefore it is not a secret rem- edy and hence we are free to refer to all well informed physicians, who do not approve of patent medicines and never favor indiscriminate self-medication. Please to remember and teach your children also that the genuine Syrup of Figs always has the full name of the Company— California Fig Syrup Co. — plainly printed on the front of every f‘}Jalckage and that it is for sale in ers any other than the regular Fifty cent size, or having printed thereon the name of any other company, do not If you fail to get the genuine you will not get its beneficial effects. Every family should always have a bottle on hand, as it is equally beneficial for the parents and the children, whenever a laxative remedy is required. see -—@—- FIMAL TRIBUTE 10 SCHOFIELD Famous General Is Laid to Rest in Arlington With Solemn Military Ceremony WASHINGTON, March 7.—Citizen and soldiér paid reverent tribute to the memory of the late Lieutenant General John M. Schofield, U. 8. A, at St. John's Protestant Episcopal Church this after- noon, where ‘the burial service was read over the body of the distinguished soldier by Right Rev. Alexander Mac- kay ' Smith, Bishop Coadjutor of the diocese of Philadelphia, a warm friend of the late general. The interment was in the National Cemetery at Arlington, in a beautiful spot on the eastern slope selected by General Schofield more than fifteen years ago. Near by lies the body of General Philip Sheridan and to the westward rises the Temple ot Fame. The troops that formed the funeral escort comprised practically all that are on duty in Washington and at the posts near the city. The casket was coveted with the American flag and at its head, rising several feet from the floor, was a wreath of Easter lilies and white car- nations from President and Mrs. Roose- velt. President Roosevelt, accompanied by his military and naval aids, at- tended the services at the church. Back of the President sat the Secretary of State, Secretary of War, the Postmaster General and the Secretary of the In- terior. The Chfef Justice of the Su- preme Court of the United States occu- pled the third pew with Major General Wallace Randolph, U, 8 A, retired, and other close friends of the family. The pallbearers included Senators Alger, Proctor, Elkins and Admiral Dewey, who was accompanied by his ald, Lieutenant Commander Wood; Lieutenant General Merritt, U. §. A, re- tired; Major General John C. Bates, chief of staff of the army; Major Gen- eral J. P. Sanger and Brigadier Gen- erals 8. M. Dodge, Thomas M. Vincent and W. M. Wherry, retired officers of the United States army. JFrom the church the body was taken to Arlington Cemetery. There. while the cavalry band played a dirge, a mili- tary salute of seventeen guns was fired as a last tribute to General Schofleld as a former Secretary 0f War. At the grave three volleys were fired by the squadron 0% cavalry. A bugler slowly marched up to the grave and while th guns of Fort Myer boomed forth a last salute taps were sounded and the body lowered into the grave. General Schofield’s grave immediate- 1y adjoins that of his son, Captain C. B. Schofield, Second United States Cav- alry. —————————————— DRINK-CRAZED MAN FIRES FOUR SHOTS AT HIS WIFE John Sieber, a_Baker, Returns Home Intoxicated an arts a “Rough House.” Crazed with driuk, John Siéber, a baker who lves at the Six-Mile House, re- turned home last night and fired four shots at his wife. * ° ¥ $ His unsteady hand probably saved the woman's life, as the missiles went wide of their ‘;u.rk. Several persons were at- _tracted to the house by the report of the shots and they overpowered the baker before he could do any further damage. ‘A polfeeman was called to take the man Sieber was ‘taken to the Miésion station and a charge of assault to murder was against - Tooth Powder white teeth, hard gums, clean mouth, pure breath, good diges- tion, good health, Listen to your dentist’s advice. He knows best. 0 Graves’ Toth Power o WESTERN PACIFIC ENGINEERS INSPECT ROUTE IN STOCKTON Say They Will Run Line Along Union Street if Citix Secure Fran- . chise for Them. STOCKTON, March 7.—Virgil Bogue, chief engineer; J. T. Williams, division engineer, and W. J. Shotwell, a di- rector of the Western Pacific, spent the day in Stockton looking over the rail- road's proposed route through this eity. The Western Pacific has & franchise on Ophir street, and citizens living in that section of the city have been trying to | secure options on a ffty-foot strip alongside of Union street, two _blocks west of Ophir and one block east of the Southern Pacific route through the city, hoping to straighten out matters so the Western Pacific would get a franchise on Union street and abandon Ophir street. The visiting railroad men inw spected the proposed new route and an- nouhced that it was now ' up to the people to decide the matter. If the au- thorities grant a franchise on. Union etreet the rallroad will take that route and buy the adjoining strip of fifty feet. - —_————— To Cure a Cold in One Day Take LAXATIVE BROMO Quinine Tablets Drugeists refund money if it fails to cure. E. W. GROVE'S signature s on each box. 25¢.% —————e Indian Woman Dies at Age of 104. SEATTLE, Wash., March 7.—Mattie Skagit, an Indlan woman, said to be 104 years old, died this morning at her farm at Bartow, on the Sound, opposite Seattle. She was a contemporary of old Chief Seattle and Princess Angeline and for many years had been under the care of Charlie Keokuk, one of the best known Indians of the Sound. CHINESE CONFESS THAT THEY WERE SMUGGLED OVER BORDER Tell Complete Story to Immigration Of- ficers and Implicate Two Promi- nent Citizens of Mexico, SAN DIEGO, March 7.—Five more of the Chinese recently caught here by the immigration officials were ordered deported - today. = The x Chinese caught near Temacula on Sunday last {and their Mexican guide erso de La- | tova, say that they were brought to the Mexican boundary and furnished a guide by Juan Morales and Juan Baez, { who are well known Mexican ¢itizens | below the line. Latova agrees with | the Chineése in‘that he declares he was | nired’ by these same Mexicans o guide the Mongolians as far as Los. Angeles, where they hoped to become lost in the Los Angeles Chinatown. Morales and | Baez have been under suspicion by the immigration officers for some time and it is asserted now that they have direct evidence against them. They will get warrants for the two men and see what can be dome with them if they put in an appearance on this side of the line. —_—————————— ILLINOIS €OAL OPERATORS FIRMLY REFUSE TO YIELD Decide to Face Strike Rather Than Give Men an Increase in Wages. CHICAGO, March 7.—No concessions will be made by the Illinois Ceal Oper- ators’ Assoclation to the United Mine Workers’' organigation, which is seek- ing an increase In pay for its mem- bers. This was decided upon today at an executive meeting of the operators, who adopted resolutions declaring their . willingness to face the threatened strike on April 1 rather than grant the de- mands of the miners. To Cafe Fiesta MARKET AND POWELL STREETS . Management of H. W. LAKE LIGHT OPERA SELECTIONS CONCERT TONIGHT FROM 9:30 TO 11:30 be rendered by BERNAT JAULUS and his famous Orchestra of Solo- ists, specially augmented by brass section, as follows: | 1. Overture, “Barber of Seville”.. Rossint | 2. Selection from “Die Fledermaus” . .Strauss 8 (a) “Dance of the Bayaderes.” | (b) Wedding Procession from “Feramors” -Rybinstein | 4. Grand selection from “Aida" ese «. Verdi 5. Selection from “The Fortune Teller” . .. Herbert | 6. Grand Fantasie from “Le Prophete” . Meyerbeer | 7. Selection from “La Perichole”. . enbach | 8. Grand Selection from “Lohengrin . Wagner | * 9. Selection from *“Rob Roy” ¥ . De Keoven | 10. Potpourri, “Echoes of the Metropclitan Opera-House”. «..Tobant } Tables Ressrved Free of Charge. Telephone Main jzor. Over the on lhuud‘ ) Buffet and '%m,'s Electric lighted: double-track railway between the Missouri A ] THE verland mit 'O CHICAGO==50% Viathe Chicago, Union Pacific & North-Western Line. € In Less Than