The San Francisco Call. Newspaper, March 17, 1906, Page 2

PASSENGERS HELD PRISONERS IN CARS WHILE FIRE RAGES Burned So Badly That Identification of the Bodies Is Made an Almost Impossible Task. —_— Failure to Inform the Engineer of Change in the Meeting Place Responsible for Catastrophe. INSURANCE SCANDAL IS IN PROSPECT Continned From Page 1, Column 4. solutely annihilated in this manner by the lapsing of members.” Respecting income and reserve the doc- bound train were also pushed back and placed out of the reach of the leaping flames. The wrecked cars were soon re- duced to a mass of smoldering ruins. BOXES FILLED WITH BONES. Communication was opened with the Pueblo offices of the railroad from Port- mile or so away, and a relief with physicians was dispatched to wreck 2t once. As quickly as possi- njured were placed in the sleep- the engine of the relief train back to Pueblo with them and | engers of the eastbound | had been saved. Another re- 1 n Florence and the e was goupled to the sleepers of No. Continued From Page 1, Column 7. MS. Ly VICTI | ument presents the following: “The to- AR g - as many of the bodies of the | (g cash revenue from all sources for the WAL _, |dead as could be removed from the | gear wag $1,192,]1l. Management expenses OSSI eer No. wreckage at that time placed aboard. | consumed 3564,%8 of this amount, leaving g | the searchers began picking | only $21,213 to cover payments to policy- Qe 2 i gl | pieces of burned clothing and | holders and maintain the reserves for the Fu personal property of the victims of the | year. 3 r undfl several boxes had been |’ Regarding the absorption of the South- D These remains were placed aboard | western Mutual of Iowa by the Los An- ¢ undamaged of No. 16 and | taken to Pueblo. It is reliably reported that but one body | is sufficlently_intact to make recognition possible, ail the others having been in-| rated. A list of the killed was only sible through a comparison of lists of | scued and missing. The work of clearing away the debris of wreck be at daylight with the aid | vo wreckers, one on each side of the ckage. It is announced that the track 1 be entirely clear and trains running sleepers geles company the comparison offers this statement: “The company still lists in their as- sets municipal bonds of the city of Marshalltown, Towa, $480.7L. These so- called bonds run from $2.40 up and are some of the assets turned over to the Conservative when they reinsured the dé- funct Southwestern Mutual of Marshall- town, Towa. the city of Marshalltown brings the reply that these are not municipal bonds of the sald city, but sidewalk certificates upon which the company is making col- lections, and which are unlisted securi- ties having no marketable value and bearing no regular income.” The comparison further states: “As shewn by the report there was only a | balance of $304,262 saved from income in 1905, which is only $10 per thousand of in- surance claimed to be in force at the w by tomorrow noor. One of the first things e wreckers were called upon to do was 't the tender of one of the engines from off the Santa Fe track, which runs close by the Rio Grande, where it had been tossed by the cars crowding against it. A peculiar feature of the wreck was the fact that none of the sleepers left the rails and the cars and engines which $136,188 unassigned funds. It would better | have stated that $200,000 of this was lia- bility to stockholders and also that $100,000 of the unassigned funds represents money contributed by the stockholders and | upon which they receive six and two- thirds per cent annual interest, and fur- ther that in calculating this so-called | surplus $128,580 consists in market value grandchild and the wives of the sons are | of real estate over book value, a process ssing. The two sons, E. A. Hewitt and | of valuing assets not only rapldly coming Hewitt, are among the injured in | into disfavor with the best financiers, but hospital here, each of them having | which will undoubtedly soon be doomed fractures in addition to other in-|by legisiative enactments.” E. A. Hewitt said tonight: | — party c father, Taylor damage to the railroad property is estimated at $200,00. In addi- tion to this all the baggage on No. 16 was | destroyed, as well as the mail | One of the pathetic tragedies of the | disaster was the wiping out of all but two of the family of Taylor Hewitt of Lebo, Kans. Father, mother, daughter, N juries. reeaiiae S g HOWARD’S SUIT STIRS IRE. my mother, Lilllan Hewitt; my sister, 15 years: my brother, W. L. Hew. | Oficials of Merged Companies Charge t ia :«‘,d \\l'm na, “rffi ;‘:{unt"r:“ | Action Is Due to Spite. R : : - - s Edwin Con-| A great amount of heat has been . Fred Jomes. We were golng to Jo- | engendered among insurance men as a o work in a sawmill for my grand- | result of the filing of a suit in the Su- Ricker. A dream that T had | perior Court on Wednesday by Fred- erick Clarence Howard to prevent the our family were y mind. 1 saw st ae pleinly ae 1 later saw the real wreck | g r ot th 3 al Life In- erything that took place after the colliston. {¥yratice Company aud the Conservative e ed | Life Insurance Company. In his action Howard asked for an fnjunction to pre- yént a combination of the assets ‘of the wo companies and alleged that while wn wife and baby consumed by | the Pacific Mutual Company is solvent, CONFUSION OF ORDERS. aw my before my eyes, and as 1 struggled vainly 1 awakened in terror and“with perspiration crawling slowly which @ ¥ my perty. My wife was | the Conservative Cempany 1is Insol- N t ng soundly. Our little baby was just | vent asleep. Catherine awakened and satd, Howard also charges in his complaint ““Good-night,” 1 leaned over and kissed her & i Adob twenty-seve m led. that books have been manipulated, un- Pueblo, at 2 o'clock this m axain and closed my eves, but|due values placed on assets, reports t sllowing the T ries 1o move T found my lex was | fixed to meet the scrutiny of the Insur- < wrecked ¢ 1 beard my wife calling me, but I|ance Commissioner of California and s were consun 1 mot go to her. Some ome dragged me | that loans made on policies are $116,000 creamed for some one to rescue my but nobody paid any attention ning madly about calling for wives; mothers were wildly screaming thelr children; some were throwing them-— passengers being burned in excess of the legal limit; also that the new company, embracing both the older ones, “is organized for the fraud- ulent purpose of taking over to itself S v Fred Jones hanging out of the window | the 8ssets and liabilities of the two of ng car, pleading for some one to | Other companies so as to bolster up and x The flames shot up about him and | maintain the stockholders of the in- he forward dead. 2 - | solvent Conservative Life Insurance HANDCUFFED MAN BURNED. Company to the irreparable injury of Hewitt and his brother will return to | the stockholders of the Pacific Mutual - The o their home In Kansas and bury thelr| Life Insurance Company.” red to the train | dead. Howard, the plaintiff in the suit In the front e | smoker of No. for end of the ruins of the 3 were found the charred | some operat brought in the Superior Court, was for- merely an agent for the Pacific Mutual 1 the a e | bands of a man, crossed, and held to-|Life Insurance Company and is now easthe i in 1 received its| gether by a pair of handcuffs. That was| employed by the New York Life. ccted to meet the west- | all that was left to show that a convict ‘Wilbur 8. Tupper, president of the ver who was being taken to prison was burned in the wreck. Near the ghastly | hands were found two revolvers, the prop- | erty of Deputy Sherifft E. E. Baird of | Denver, who was also killed. His pris- oner was an actor known as Archibald | Whitfiey, who had been sentenced to the penitentiary on & conviction for forgery. In the bones of his fingers was held with the grasp of death the metal piece from the window casing. The prisoner had at- tempted to climb out of. the burning car and might have escaped a horrible death but for the handcuffs. Patrick Murphy, a well-known Florence oil man, was taken from the wreek un- conscious and was reported to be dead, but an hour later he revived. amalgamated companies, was Indignant when seen yesterday. He sald that the merger was already perfected; that the suit was Instituted in bad faith and is merely a maneuver of business rivals to discredit his company. “Howard, the plaintiff,” he said, “was once in our em- ploy. He is now employed by the New York Life Company. He left us owing us money and we are now suing him for it. We have drawn from the New York Life people a number of their agents in the past months. They asked us to enter an agreement with them by which a man leaving one company could not be employed by another. We refused to enter into this arrangement, as being in restraint of the personal first time According | mith of Walter brake, | an in- and the train carried | WRECKAGE CATCHES FIRE. T ries told several nd of were b x P. F. Lively, night operator at Swal-|liberty of the employes. They have . onic ' but the | lows, whose failure to deliver orders to|now chosen this petty way.of bother- ; that followed | train No. 16, is supposed to have been |ing us. Notice of the sult has not even g noise something had N 1e cause of the wreck, has been em- | ployed by the road for many years. He been served on us, which shows the genuineness of it.” been was relieved from duty tonight and will | John F. Roche, second vice president be suspended until the matter is thor-|of the Pacific Mutual C-nsérvative Life, . engines that haul the trains | OUghly investigated by the officials. made a statement in writing yesterday - he grade does not require as- | —_—— in which he asserted that the suit was purtion This helper was crushed like DISPATCHER ASLEEP. | “a bluff.” In part his statement is as s paper, and the monster ma- | g ¥ {olimw: d ran through, locking them- | S8id to Have Failed to Give Orders| The injunction in question is & bluft sujt, » g~ g Sporrmoe 4§ | to Train. since every step in the amalgamation o the . - e R Savia wo companies has been taken, The procesd- It » Smith was the only one | DENVER, March 16.—It is reported here | 7, “CoRY 0o [Udeq Tast Tueaday, — the_ 13th, of who escaped. The | that an operator's failure to deliver a |and Judge Lucien Shaw, one of our stockhold: p S 1a's - , e ers, was present advising our attorneys as to b : ~ n twro, and | train order was the cause of the disaster | {0 Joit FIe*CRt IR SUp Rlorreys Re to : < zed together. | on the Denver and Rio Grande Railroad | something already accomplished is evidence of he gage and r and coach | early today near Adobe. The first orders | the character of the action. It was a clever of Xo. 16 buckled, of the cars | given the two trains was that they should | tFick to u::dr:r:‘e.w:::ml;: adversely adver- ere telescoped : se the ution, # vH 'dv _1 P - " | meet at Adobe. Later, it is understood, Roche also asserted that the Conser- ardly had the trainmen and passen- | the dispatcher wired Operator S. F.|vative Life is solvent; that back of the gers reached a realization that all was | Ljvely at Swallow, ten miles east of the | guit was the N X Life C not right when to their horror a sheet ¢ hold ek Bkt D ik i 4 scene of the wreck, to hold the west-| and that the “spite” in the case was of fire ran through the cars on both sides of the engines and In a twinkling the | crackling sound of breeking timbers started them to action. ROASTED IN THE CARS. In the forward coach of the westbound train every seat was occupied by passen- gers, most of whom were homeseekers | on thelr way to the Northwest. A num- | bound train there until eastbound train No. 16 should pass. When No. 16 reached Florence its crew was notified to run on to Swallow. Mean- time No. 3, fafling to receive Its new or- | ders at Swallow, pushed on westward. It ix said Operator Lively was asleep when passenger train No. 3 passed by Swallow. When asked by the dispatcher at Pueblo if it had passed, he answered “No.” A warrant is out for his arrest. primeomdizi LONG HOURS FOR OPERATOR. Lively Sald to Have Worked Fifteen at a Streteh. occasloned by the hiring away of fif- teen or twenty of the New York Life agents by the merged companies. Inspector Harris of the New York Life on the other hand denied absolute- ly that the New York Life had any in- terest in or knowlédge of the bring- ing of the suit by Howard or that the New York Life was gullty of spite work, and deénied that any such num- ber of agents had béen taken away from the New York Life Company's service by the Pacific Mutual and the Conservative Life Insurance companies, as Roche alleged. + T ber of foreigners were among them, and in their terror they gave up life without making any attempt to reach safety out- side the burning car. Paralyzed with snd with prayers upon their lips sank to the floor and were roasted. cooler ones in the car, seeing thelr THE SAN FRANCISCO CAL Inquiry from the offictals of | w burned were standing on the ties | €nd of 1%05. The company claims a sur- if not on the track. | plus of $336,188, but very significantly | SIX IN FAMILY PERISH. | states that $200,000 is capital stock and SATURDAY, MARCH 17, 1906, HOLOSCITY ACH TELLS CANACQUIRE | CAMBLERS T0 (EARY ROAD Judge Murasky Decides That Utility May Be Paid for by Progressive Payments From the Annual Revenue DECREES AGAINST THE BONDHOLDERS Adjudges That Charter and Constitution Authorize the Mode of Operation Fol- lowed by the Supervisors A signal victory for municipal owner- Ship has been won in the action insti- tuted by Isaac Strassburger to enjoin the acquisition of the Geary-street road. - Strassburger, who Was repre- sented by John Garber and Lederman ‘& Lane, declared that the provisions of the charter authorizing the acquisition 'of public utflities were unconstitutional and contended that even though they were not the effort of the authoritles to acquire the road by the use of sur- plus revenues collected from year to year was without authority In daw. Both of these points Judge Murasky de- c.ded against the plaintiff, upholding the contention.of Attorneys Albert M. Johnson and William T. Baggett, who represented the respondent, that not only are the charter provisions in ques- tion constitutional but that the Board of Supervisors has the discretionary right to acquire utilities by progres- sive payments. In his decision Judge Murasky says: The questions involved in this actlon are: (1) Is_municipal ownership of public utilities for- bidden by the constitution of the State? and (2) Is the method adopted by the Board of Su- pervisors to construct the Geary-street road in contravention of the charter provisions relat- Ing to the acquiéition of public utilitie: e constitution provides that containing a population of more than in- habitants may frame a charter for its own gov- ernment consistent with and subject to the constitution and laws of this State,”” and it is urged by plaintiff that the construction or operation of & rallway is not a function of government, and, therefore, not within the au- thority granted by the constitution. Many cases have been cited wherein the administration of cities has been narrowly limited by the organic law or by statute; but in none of such instances was the power granted in such ex- pansive hrase as authorized the municipality to act under a charter enabling it to do what- ever is necessary ‘‘for its own government.”” CHARTER BOUNDS POWERS. The charter of a city s not only its guide, but m the boundary of its powers; with- anction all municipal acts are vold the city enters into a contract or own that its conduct is author- charter; but in the Legislature ized of the State Is reposed all lexislative power, by the except that which is expressly withheld. In other words, the city must show that a right attempted to be exercised has been expressly anted; while the Legislature {s merely obliged to show that {ts exercise of power. I8 not forbiddes. - 208 In considering the autherity embraced in the \worda “for ity #0 in mind the fact Y fining & right 3 be said, with some ty, at least, that the constitution, not having definitely inhibited the Legislature from granting to a city the right to acquire public utilfties, that body acted within its powers {n issuing a charter with the nrovisions which curs contains. If to give ald to the chnstruction of a rafl- way by & private corporatiun, to incur munici- pal indebtedness for such purpose, to subscribe for the stock of the company and to make do- natlons for its benefit, by governmental func- tions, why should the building of such road by the municipality be beyond the government? 1f, as the Supreme Court says, & railway is a’public' highway, though ope- rated by private corporations for.the use of the public, it would seem that the construc- tion of such a highway is necessarily and even In a greater dexree a public affair, and em- braced in the word ‘‘government” as used in the constitution. I.am led by the foregoing considerations to the conclusion that the power to acquire public utilities as granted municipality by the Legislature in approving the charter was within the authority conferred by the constitution. It 13 evident from the method inauzurated that the Board of Supervisors intends to con- struct the road by degrees out of the revenues of the clty and without assuming a bonded Indebtedness. This plaintiff contends cannot be done under the provisiuns of the charter. Section 5 of article XI of the charter, after providing that whenever the Board of Super- visors determines that public interest or neces- sity demands the acquisition of any pyblic utility it ehall declare such determination by ordinance, reads as follows: RIGHT TO USE REVENUES. ““When the cost of public utilities or any of them can be paid out of the annual revenues of the city and county in addition to the other necessary expenses thereof, the Board of Supervisors shall, as soon as the filin the plans and estimates of cost thereof may deem for the best interests of the city and county, enter Into sucn negotiations and contracts as may be necessary for the acquisi- tion of the same. ““If, however, the cost of such public utili- ties or any of them all so far exceed the annual revenues of the city and county in addition to the other necessary expenses there— of a8 to render it neceasary to incur a_muniel- pal bonded indebtedness: therefor, the Board ot Supervisors shall at any regular meeting after the filing of the plans ana estimates of cost thereof ‘call a special election for the purpose of submitting to the eiectors the question whether such bonded indebtedness shall be incurred.’ " Acting under this section the Board of Su- pervisors declared the necessity for the ac- quisition of the Gea t road; called for the plans and estimates of cost, whicl fpcsived, placed the cost at , ized & call for specifications in detall in order that bids might be “‘invited for so much of the construction of so much of sald etreet rail- road as may be accomplished within the ap- propriation of $350,000 set asids for this pur- pose in the budget of the flecal year 1005-1006" ; and in the budget set aside $350,000 for the construction of the road. It will be seen that the charter provides two ways in which payment ror a public utility may be made: Either out of the annual reve- nues of the municipality or by the creation of a bonded indebtedness. "It is urged by plaintift that the thought of the charter framers was to aveid all obligations which could not be met by money on hand or by that raised through the {ssuance of bonds; that in the administration of the city’s finances each year should be responsible for its debts, pay its own expenses out of its own revenues, receiving no_burdens from the year before and passing rone to those coming after; and that, in line with this policy, it was intended by section 5 that only when the entire cost of a public utility could be paid out of the revenues of the year in which it wae to be acquired could the board adopt the plan under discussion. NO RESTRICTION IN LAW. The question to be decided, then, is, was it the intention to give discretion to the board. or used ), merel rase ‘‘annual revenues,” as ly méan the Incomeé of a single year? In treating this question I un- derstand thers s no contention, but that it the power granted clearly appear, that is to say. if the charter made it plain that the in- tention was to glye the board the rig] for this road vince of | USE FORCE Advises the Poker Players and Other Gamesters to Shoot ' District Attorney Langdon and His Raiders PROSECUTOR SAYS. HE HAS NO FEAR Still Arrests Followers of Some Forms of Chance Games, Ignoring Others in the Rush of Business g “Gentlemen, wboot the District Attor- mney the next time he enters your pri- vate sanctums. He bas no right to raid your clubs, and you will be perfectly Justified in whooting him down.”—Ad- vice given by Attorney Henry Ach to the proprietors of gambling clubs. “Attorney Henry Ach will in all prob- ability have n chance to shoot the Dis- trict Attorney, because these raids are &oing to he Kept up antil the gamblers of Sam Frumcisco learn to observe the law.’—Statement by District Attorney Langdon. Shortly before midnight last night Langdon and his assistants, Duke, Har- rison and McCabe, aided by Detectives Muleally and Matheson and Policemen Thomas Wren and Spring, pounced down upon the Kingston Club ~at 130 Powell strect. When ihe raiders sought admittance the door was barred and had to be forced. Before any of the players had'a chance to escape the Dis- trict Attorney and police were upon them. Attorney Ach rushed into the club be- fore the inmates had been carted off and then and there made the foregoing terri- fying statement. Despite the objections of Ach the twenty captured men were hustled into patrol wagons and taken to the City Prison. Ach asked that they be allowed to give bail on the spot. ‘When this was refused by Langdon he sought to have his)clients ride to jail in hacks. Both requests were denied by the District Attorney, who said that he would not meke fish of one and flesh of another. The raid took the gamesters by sur- prise. The absence of raids by Langdon during the last week was due to the fact he was busy with a murder case and was pressed for time. He says that he has knowledge of many forms of gam- bling zolnf on in the city and will con- tinue to Faid until the vice is stamped out. He does not seriously regard Ach's bidding to his clients to ‘‘shoot the Dis- trict Attorney.” Albert Bloch was booked as keeper. His bail was $50 and the ball of the visit- ors was $10. All were released. The Co- Jonial Club across the street was also rai , but no evidence of gambling was n “Four persons who were found in ace were booked at the City Prison A complete outfit for poker playing was taken from the Kingston and booked as evidence. —_——— WOMAN LOSES A PURSE FULL OF DIAMONDS WHILE SHOPPING Handbag Containing Gems Is Taken From Her in a Los An- meles Store. LOS ANGELES, March 16.—Dilamonds jewelry and valuable papers to the amount of $800 were stolen from Mrs. M. L. Hastle of Des Moines, Iowa, today, while she was making purchases in a kodak store on South Broadway. The valuables were contained in a large black sealskin ha ag. Mrs. Hastle clalms she was jostled by three men, whom the po- lice believe committed the theft. Besides the valuable papers, which were the property of Mrs. William Patterson of Newcastle, Pa., and were to be trans- ferred to her tonight, there were also several diamond stick pins, a pair of dia- mond cuff buttons and other jewelry of considerable value, an heirloom, which was vaiued highly, and a purse contain- ing $120 in gold. —_——————— Californians Sail for Mediterranean. BOSTON, March 16.—Among the salon passengers who will sall for the Med- iterranean tomorrow on the White Star liner Romanic are: Mrs. E. D. Shot- well and Mrs. B. M. Shotwell of San Francisco, Rev. W. C. Wilson and Rev. Hugh E. Smith of Los Angeles. They will touch at the Azores, Gibraltar, Al- glers, Naples and Genoa. —_— % under section 5. When the charter makers came to deal with the “‘acquisition and con- struction of municipal improvements” (section 29, article 16), they allowed the board no dis- cretion, but in plain terms they prescribed that ‘‘when the Supervisors shall determine that the public interest requires the comstiuc- tion or acquisition of any permanent build- ing or bulldings, !mprovement or improve- ments, land or iands, the cost of which in addition to the other expenses of the city and county will exceed the income and revenue provided for the city and county for any one year,” they must call an election for the cre- ation of a_bonded indebtedness. Heres where & public buflding or lands are to be quired extreme care was taken that should be no discretion in the board to termine whether the cost can be paid out of the annual revenues or whether it will so far exceed such revenues as to make an_election ncessary, but if such cost will exceed by one dollar the revenue provided for one year a election must be had and bonds issued. This section fits exactly the construction which plaintiff puts upon section 5. JUDGMENT FOR THE CITY. Had it been intended that payment should not be made out of ordinary annual income and revenue, but out of revenue of one vear only, care would have been exercised to use the phraseology of the section on public Improvements or some similar language mak- ing such intention plain. From a reading of the original sections relating to this subject it is clear that the phrase “‘annual revenues’ bears the same meaning as ‘‘ordinary income and revenue.”” Under the original system then the charter framers apparently purposed that if the 'cost of securing & public utility could be paid out of the ‘‘ordinary annual income'* it should be so acquired. “‘Ordinary annual Income” would séem to mean the usual an- nual income; the income which is usually derived per year by the municipalit: If that be so then the intent clearly was to con- struct public utilities whenever in the ex- ercise of a sound discretion it could be done out of the usual income whi¢h the city re- rushed for the windows and doors, and with the aid of the passengers in the rear of the train managed to reach the open air. Many of them were injured suore or less seriously by the rough handling they received or from fying glass and timbers. Although meny were willing to under- take the risk, efforts to rescue those who vemained in the burning cars would have been suicidal, as the hear was unbear- wble. When the occupants of the two stendard and two tourist sleepers of the westbound train saw that nothing could be done to check the flames they aided the trainmen in pushing back the sleep- ers, and these cars were not damaged in the least. The sleeping cars on the east- PUEBLO, March 16.—Local Denver and Rio Grande officials disclalm any knowl- edge of a statement by Operator Lively, but state that he had worked a fifteen- hours trick, relieving his alternate three hours earlier than usual for personal reasons. Nothing to that effect was re- quired by the company. s o I ENGINEER IS SCALDED. Spreading Rails Bring Disaster to Work Train Near Madera. FRESNO, March 16.—A work train that started from Fresno this morn- ing to repair the tracks on the Merced division of the Southern Pacific Rail- road was thrown into the ditch three = miles north of Berenda this afternoon. Engineer BShattuck, Fireman Anton, Conductor Fields and Brakemen Dunlap and Prior were injured. The engineer was pinioned under the cab and burned by the scalding steam. A relief party sent from Madera in buggies rescued the men, the bridge across the Madera River being in too unsafe a condition for the train to at- tempt a crossing. None of the party was fatally injured. The rest of the men escaped unhurt. The rails spread on account of the flood. ———————— Cure a Cold in One Day Take LAXATIVE BROMO Quinine Tablets. refund money it it lw.GROVE‘!dmt&hnflb:% out of the revenues of several years, there is no restriction in any proviston in the cl or the constitution which would prevent it from eo doing- T, then, intend that the struction of a public utility be made out of the b s of one year? @ iving the board the power whether the cost will so far exceed nual revenues as to make & bonded indebted ness necessary it is apparent it was tention to vest it with discretion of character. It would seem tion that it is h?s lding or acquire periodical pay- ments. By this system the city makes no contract for an amount in excess of the nual reven: 10, article 111, it could not be done. nor does it Incur any in- debtedness not to be met by funds actually in the treasury, but pays year by year for work done each year. If the discretion is vested in the city to act in this manner its can be controlled, of , only when it is abused. wis- of endowing a municipality or its officers with such powers is a matter for those who framed the charter and the slature which granted it to consider, not t I am of the opinion that the intention of charter {8 to enable the city to out of its ord| i | £ a § 5 by not t! ES g5 g1 d £ K g5 g of the entire utility can expenses :'?.'."Cfia. the have “appropriations been made and the amount of the revenues for one year that the acquisition can be & —ZIEVT. COL ‘"‘1 [F ot rypyry DISTINGUISHED SURGEON WHO STANDS HIGH IN ESTIMATION OF ARMY OFFICERS. ¢ A e WILL RELIEVE COLONEL HALL Lieutenant Colonel George H. Torney Assumes Duties of the . Chief Surgeon Lieutenant Colonel George H. Torney, commander of the Army General Hos pital at the Presidio, will assume the duties of chief surgeon of the Depart- ment of California, in addition to his own duties at the hospital, upon the retirement of Colonel Jofin D. Hall at noon today. Colonel Tormey has been in the service for the last thirty years, and is today one of the most popular officers in the army, as well as being one of the most capable to fll the important positions intrusted to his care. He was graduated from the Univer- sity of Virginia in 1870, and five years later he joined the army as assistant surgeon, with the rank of first lieu- tenant. After nineteen years of service on the Western frontier, during which he participated in many ehgagements with the Indians, he was sent to the Military Academy at West Point and placed in charge of the hospital at that post. During the four years he was at the academy he succeeded in making himself the most popular officer at the post, and many of the young officers who gradnated during his time held the kindliest recollection of their asso- ciation with him there. At the outberak of the Spanish-Amer- jcan war Colonel Torney was placed in command of the hospital ship Relief, which was fitted up with all the mod- ern conveniences of a well-regulated hospital. On this ship he handled many hundreds of the sick and wound- ed from the islands, but was never too busy to lose his pleasant smile and winning way. He was later sent to take charge of the Hot Springs (Ark.) post, and after two and a half years there he was placed in.charge of the General Hospital in the city of Manila. The tropical climate did not agree with him, however, and six months later he was sent home sick. He was then placed in charge of the General Hospital here, which position he has held for the last two years. He is 38 vears of age, but remarkably well pre- served and as active as a boy of 20. He received his present grade of lieu- tenant-colonel on August 6, 1903. Thirty-nine patients were received at the General Hospital yesterday from the tramsport Thomas, which arrived from Manila. Lieutenant James G. Boswell, Eighth Infantry, has been assigned to speclal Auty in this city until the sailing of the next transport for the Philippines, when he will join his regiment. Lieutenant Everett D. Barlow Jr., Thirteenth Infantry, is In this city, PARKER LOOKS 0 THE SOUTH Calls Upon It to Regener- ate Demoecracy and Name Candidate for President SEES IN IT ONLY HOPE Northern States, He Adserts, Have Failed to Meet the Real Needs of the Party CHARLOTTE, N. C., March 16.—Former Judge Alton B, Parker, the recent candi- date for President, called upon the South tonight to assert her rightful supremacy in the Democratic party, to take the leadership and name one of her statesmen as the next Presidential candidate. Par- ker was here on hig way to his New York home from Mississippi and his appeal to the South was made in an address before the Manufacturers” Club of this ecity. which tendered him a reception. In his address Parker dwelt upon the steadfast devotion of the South to Democratic principles. He said in part: “In spite of your devotion to principle and consistency in face of a numerical importance that was preponderating, you stepped aside. From earliest days you have sent your best men into public life. They have been at once modest, able, de+ voted, patriotic and honest. No jail o penitentiary has opened hospitable door to admit your Senators, Representatives or Governors, nor have officers of the law, from detectives to Attorney General, been compelled to hale them into criminal courts. “In the face of this record you have not only permitted us of the North to pre- sent to you candidates for President and Vice President, but you have insisted on our doing so and have voted for them, and that, too, when no Northern Stated did so. “In 1866 you tried Nebraska and since that day no old Democratic Northern State has accredited one of our party to the United States Senate and in none has there been a friendly Govermor. All the Democratic training schools of the North, elementary, intermedfate and high, were closed and have remained so. The party paralysis was complete and almost fatal. “In 1904, hoping to cure or palliate it, you advised returning again to New York for your candidate, only to meet the worst defeat in our party history. It is now nearly twelve years since any one professing devotion to your party has been chos?n by the nation, or in any Northern Democratic State to fill an im- portant executivy office. At the election perhaps eight out of ten of the voters then under 30 were ranged with our op- ponents and today the party organizations and their one-time leaders are dead or have abdicated, or, worse, have become Republicans. “When such conditions confront you why should you hesitate any longer? Un- til the Democrats of Nebraska and New York and other Northern States have brought forth fruits for repentance, or at least as long as they are threatening to give themselves and the party over to further destruction, should you mot as- sert yourselves?™” CASHIER OF BANK ACCUSED OF THEFT President of Institation Charges Him With Em- bezzling $56,900. HAZLETON, Pa., March 16-F. H. Everett, cashier of the First National Bank of Freeland, was arrested here to- nigth on the charge of embezzling 356,900 from the Institution. William Beckley. a lawyer of Bloomsburg, was also arrested on a charge of conspiracy. Both war- rants were sworn out by A. Oswald, pres- ident of the bank, before United States Commissioner C. F. Hill of this city, who committed the accused men without ball for a further hearing tomorrow. The bank was closed at 3 o’clock today and will not be reopened tomorrow. Beckley, when searched in his ceil, had in his possession fifteen notes of $5000 each from the Pennsylvania Paper Mills of Catawissa. The capital stock of the bank is $50,000. It was organized in April, 12, and Everett has been chosen as its cashier ever since. It is said all the de- positors will be fully protected. CANT BE SEPARKTED Some San Francisco People Have Learned How to Get Rid awaiting the sailing of the next trans- port for Manila. POLIGE OF CHGIGD FER | REPETTION OF BAYMARKET o1 Prepare to Cope With Any Outbreak of Anarchists. Special Disvateh to The Call. CHICAGO, March .16.—Chief of Police Collins sees in certain statements re- cently accredited to Eugene V. Debs fore- warnings of another Haymarket riot. The Police Department is preparing to cope with the renewed anarchistic and soclalistic agitation in Chicago. Debs is booked to speak in Ulich’s Hall tomorrow night and a squad of policemen will be sent there as a precaution against any outbreak. Debs is quoted in the organ of the Brewers' Unicn as advocating yio- lence. It is announced that Oscar Neebe, one of the anarchists convicted for par- ticipating in the Haymarket riot, will speak on the same platform. Use " DGraves’ Tooth Powder of Both. Backache and kidney ache are twin brothers. You can’t separate them. And you can’t get rid of the back= ache until you cure the kidney ache. 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