The San Francisco Call. Newspaper, March 22, 1906, Page 1

"fal Prints More N ews Than SBan Francisco and G B Forscast for March 22 1908: Thursdey; brisk goutherly winds. Local Forecaster, Temporarily 1n Charge. vicinity—Showers WILLSON, | & ——————— R ot TR Any Other Paper Publ NEW ROAL WILL CET TERMINAL —_— Decision of Judge| Morrow Is Not Disastrous. Deep-Water Outlet Pos-| sible Elsewhere, but Fight Will Go On. -~ Judge Morrow what is technicall tigation. while the righ & tried the Sou not be detained ding upon the the could not decide v as it e same Judge, and e twe corporations at aring presented their & ‘comprehensively, there bt it will result, e preliminary h E T hearing, in a v Tt thern Pacific. APPEAL TO BE TAKEN, v ywever Western gued 2 uit C < n may eve & t me Court 8 n is far t be event held mere- owned the ined it cannot rere is a great deal nd south of this an come. And t Gould engin Ong ago prep and desir NEW ROAD NOT BLOCKED. such an outlet could not be he Western fic would not Setty. It now Oakland bern Pacific’s , having a frontage feet upon the San At the worst the be there. The only dis- be the increased of the trip across the bay and \ciently deep water for . wever, the Western ned to carry on the e desirable outlet he estuary. Its at- ying Judge Mor- | flaws which can an appeal. said Vice President We'll fight the thing even should we be need have no rminal on the 1 some- t in the is a rumor about the railroad e Western Pacific may se- between the Oakland Key Route wharf. — e Western Pacific’ Sues. demn Pa- San Wes for its instituted ;3 The defendants and the pro which the raiload seeks, Niebaum, one-half of : Joseph and Frank th street. near Brannan; Hawes and the Savings and Twentieth and Connecti- streets; Carrie Baumann and Joseph nn, Branpan street. near Ninth, Jeremiah .Twomey, northwest cor- of Twenty-third and Pennsylvania reets 5 ———— Boer ‘War Cialms. JOHANNESBURG, Transvaal, March 1 e South African compesation ittee examining claims for Boer War losses has completed its la- bor. The claims aggregate $310,000,000, for the settlement of which $47,000,000 bas been aliowed com dis- | other | Mor- | ! 1 | | { | | | | { (] PSRRI | || AR ! { { Federal control of insurance or other State corporations. CONGRESSMAN - WHO DRAFTED REPORT AGAINST FEDERAL | CONTROL OF INSURANCE 3 - = . 3 House Judiciary Com- mittee Agrees on Report. All Members Concur in the Opinion of Jenkins. aids gl L WASHINGTON, = March 21.—That there is no constitutional authority for Federal control of idSurance or other State corporations, other than rafl- | roads, is to be the conclusion reported to the House by the judiclary commit- | tee. The report has been drafted by Chairman Jenkins of the committee and is now In the hands of members of the committee for their perusal. An unof- | ficial poll of the ~members indicates | that, with practically no exceptions, they concur in the correctness of this conclusion. Jenkins' report collates all the important court decisions on the | matter involved, treats each exhaust- | ively and reduces the whole problem to these two principles: | “The Supreme Court of the United | States has declared. and has never been | shaken or weakened. in maintaining: | First, that insurance is not commerci and, second, that Congress cannot im- pair the police powers of the States.” The advocates of Federal regulation concede, according to the report, that Insurance is not commerce. The report predicts direful results if Congress take a band in the matter. Jenkins says: “It is useless to.live in hopes that the Supreme Court of jthe United States will | reverse its findings, but, assuming that Congress declares that insurance is com- merce and the Supreme Court holds this legislation unconstitutional, how much could Congress regulate and. what effect would such legislation have? It would | disturb the very substructure of govern- ment by precipitating a violent conflict between the police power ®Bf the States and the power of Congress to regulate interstate commerce. To uphold the Fed- eral power would be to extinguish the po- lice power of the States by the legislation of Congress. In other words, Congress : would admit corporations into' the re- | spective States and have the entire regu- | lating power.” | The difficulty of administering Federal regulations is emphasized as follows: “What can Congress act upon under its power to regulaté Interstate commerce? “ongress cannot prevent the making of a contract of insurance between a company in New York and a resident of Oregon. After the contract is' made when will the power of Congress attach and “to what? The policy and premium are not merchandise. As the power of Congress does not attach until the merchandise is in commercial transit it could not become active until the policy and premium start on thelr journey and would terminate when the place of destination is reached, and the duty - and power of Congress would be to protect both in transit, and that is the limit of Congressional power.” SR e R OUSTS ALL INSURANCE OFFICIALS. ALBANY, N. Y., March 3L—The As- Continued on Page 3, Column 4. . HINESE WINS IN A DEBNTE AT COLUNBIA Scores Over White Stu- dents at the Uni- versity. AR Special Dispatch to The Call. NEW -YORK, Mareh 21.—A. V. Wel- lington Koo, .3 17-year-old freshman, championed the coeducational rights of women s vigorously in a debate at Columbia University today that his side won easily. Arrayed against him were several of the brightest members of the debating tlass. Young Koo is a son of the Treasurer of Shanghal Province, and his father, who is chief of some fifty district magistrates, is an Important person in Chirfa. The boy has been in this coun- try a little over a year, but speaks Eng- lish perfectly and his instructor, Pro- fessor Parker, considers him one of the: most promising students in the class In political science. His wealthy father gives him a generous allowance. His letters home are writen with a brush, but his examination papers are written on a typewriter. “Violent and disorderly actions in classes will be avoided when we have coeducation. The boys, impressed with the gentleness of the oposite sex, will always bear in mind a sense of self- control, while the girls will value more highly their honor and respect in the presence of the boys,” said Koo in his argument. “Does the gentleman belleve that the many representatives of Barnard who frequent our library would be likely to spur . one to any kind of brilllance?” asked his opponent. “An angel could not.spur some people to brilliance,” repifed Koo. Professor Parker heard the argument through to the end.and then stepped up and publicly congratulated the young Chinese. TYREE HELD FOR TRIAL BY SALT LAKE COURT Accused of Certifying to False Report of the Continental Life Company. SALT LAKE, Utah, March 21.—Hiram Tyree, president of the Continental Life Insurance and Investment Com- pany, today was committed to the District.| Court in $5000 bonds for trial under the charge of ‘certifying to the Secretary of State of Utah a false report of the com- pany’s business. President Tyree was arrested on February 3. —_—— Raflway Tax Law Unconstitutional. AUSTIN, Tex., March 21.—The Court of Civil Appeals of this, the Third Dis- trict, today declared unconstitutional the Jaw passed at the last regular ses- sion of the TeuJ Legislature assessing a special tax of*2 per cent on the gross earnings of all railroads. % DEAD | MAINTAINED ~ VICTORY IN COURT the guit to determine the question of immunity of the indicted meat Humphrey has decided that the individuals are they were compelled to give evidence against them- | selves in the Garfeld Investigation, but that the corporations are sub- HOME a Cabbage Field by Workman. ——————e Undoubtedly Victim of Starvation and Exposure, Mother Becomes FranticWhen Corpse of Little One Is Breught In, Baby Toso is dead. Yesterday an employe of Toso on the Colma vegetable farm found the little corpse in a cabbage patch on the side of a small knoll about a half-mile north- west of the house. 5 All evidence points to death from starvation and exposure. The child was not kidnaped, but wandéred away from its home, and, failing to find its way back, tramped and tramped ceaselessly until its little strength was exhausted and it sank to the earth and a sleep that had no wak- ening, In the humble home of the To- sos the frantic mother now beats her breast, tears her hair and tries to join her baby in death. Nine days ago the babe wandered away from its home. Theories were rapidly evolved. It was thought the child bad been kidnaped and held for Day after day the search was etable picker. Stefane was at his work in the cabbage patch, a half mile to- ward the sea from tHe ranch-house. He was humming a tune of sunny Italy and went joyously about his work. Reaching to cut a cabbage he started back, for there, at his very feet, was the dead babe, 1ying on its back. The body lay amid a Iluxuriant growth of cabbages. A torn leaf of the vegetable next the corpse told a mute tale of how the little one, in the death throes of starvation, had clutched at the vegetable. INFORMS THE FATHER. Stefane rushed to the cnild's father. Breathlessly he told of his grim dis- covery. Without uttering a word Toso clutched conyulsively at the wheel of his wagon to support himself. Then he spoke quickly, “She must not know it; she must not be told. yet,” he cried, anxious to save his wife from the terrible shock. The two men hurried to the spot. Bar- ing his head Toso leaned down and kissed the cold baby lips. For hours, it seemed, he clung to the corpse and refused to be solaced. Finally the men from the fields trooped in and then the necessity of noti- fying the authorities at Colma was thought of. At the house Mrs. Toso suspected something was wrong. “Why do not the men come in with the loads?” she asked. A ranch hand hurried away, offering some excuse for the tardiness of the force. He prodded the men and urged the father to send the wagons in with the frvits of the day's work. Tenderiy the sad assemblage of work= men covered the remains with a rubber cogt and returned tc their wagons. They threw sacke and rubbish into them—any- thing to allay the fears of the mother at their prolonged absence. - Conjectures were again rapidly indulged in. Murder; the babe shot to death by its kidnapers; shot to death within ear- shot of its house, were the suggestions, The body bore curious. marks, resembling wounds that might have been inflicted by small birdshot. Two small holes were in the left arm. Almost identically was the right arm plerced. There were two more holes in the right thigh. Several small apertures in the back of the neck, a hole the size of a 32-caliber bullet in front of the right ear and "2 small lacerated wound on the pinna of the ear gave in- stant rise to the murder theory. MOTHER SEES BODY. A Coroner’'s jury was hastily impaneled at Colma. Its personnel was as follows: Louis Moller, John Brooks, John Raven: James O'Connor, Albert Ross, J. T. Mun- govan, Louis J. Rogers, J. P. Howe, D.} Garibaldi, A. Pietronave. Headed by Deputy Coronér E.. E. Cunningham of Colma, the jury proceeded in rigs to the place where the body lay. -They searched for signs of a struggle and found none. No evidence that might clear the mystery of the child’s death was found at the scene. The corpse was then taken to the Toso home. All this time Mrs. Teresa Toso was in her houge, unmindful that her little boy had been - found deéad. As the crowd walked into the dining-room of the home the mother stepped the crooning song she wag singing to lull her remaining little one to sleep. She came out to ascertain the cause of the disturbance. And then she saw the form of her dead son. ‘With a frenzied cry she flung herself at the corpse. One vain hope lingered in her maternal breast, that her-loved one lived. Shefelt the cold lips as she ki-sed the babe, d an agonizing scream told that she d it was dead. efforts were of no -avail. al- ternately gazed at the face of the' dead and tore her hair and beat her breast. A wuge butcher-knife lay upon: the table. The heart-broken mother crept toward it. Detactive Esola, fearing she might at- tempt her own life, seized her arm and led her gently from the room. ; WOUNDS EXAMINED. A The Cororer 1ald the little dead child in Rys. : Contipedgon Page 2, Column: 3. BY BANKER Bod: Discovered in Océupy Mansions Close to One Another. Brooklyn Millionaire Confesses Polyga- mous Career. Excuses Himself on Groand of His Love for Both ‘Women. Special Dispatch to The Call NEW YORK, March 2L—Thomas W. Kiley, a millionaire bank president and hardware dealer of Brooklyn, has for the past three years kept two wives in sepa- rate establishments, less than a half mile apart. Kiley, in reply to questions, broke down today and admitted all. He said he had no excuse to offer, save that he loved both women and that +he married the second wife when he felt sure his first and legal wife was about to die. Kilcy's legal wife lives in his mansion on- Jefferson avenue with her two sons and two daughters by her first husband, She ‘was™ the wife of James Kiley, a brother of Thomas. James Kiley died tweive yedrs ago and she married her brother-in-law. The' second wife is housed in a mag- nificent place in Brookiyn avenue. She is | - Colt, and lives Mrs. Flora A. by her first ooklym, many yvears ago Kiley started in life as a clerk. ’ Kiley, who is sixty-three years old, is president of the North Side Bank of Wil- liamsburg, and is reputed to be worth several millions. He bas a large business under the firm name of Thomas W. Kiley & Co., Grand street, Brookly: He also is heavily interested In the structural irun business. With tears in his eyes, the millionaire banker today laid bare his romance and its strange culmination in a polygamous life. I have told my legal wife,” he said, “of the matter, and she has agreed to ignore Mrs. Colt, yet all is amicable be- tween Mrs. Coll and myself.” He said that he had known Mrs. Colt from childhood, and arter her husband died five years ago was on close terms of friendship with her. In October, 1303, his wife was very ill, when he was called to the national convention of bankers in San Krancisco. Mrs. Colt accompanted him. “Sne did not intend to go all the way,” said Kiley. “When we left Brooklyn my wife was not expected to recover. On the way West I told Mrs. Colt I wanted to marry her. She was willing. We thought my wife would be dead before our return to Brooklyn, and I was suf- fering from a general breakdown. “When we reached Hammond, Ind., we were married under our true names. We continued to San Francisco. I went to the convention and then took Mrs. Colt down to Los Angeles. We spent a month there, and then returned East. My wife did not die, but grew some better. There was nothing we could do except to keep everything secret.” APPENDIITI ONLY A CRAE SIS OCTGR Not One Operation in Ten, He Asserts, Is Necessary. e e Special Dispatch to The Call. OMAHA, Nebr., March 21.—Not one patient in ten who is operated upon for appendicitis is a sufferer from the dis- ease, sald Dr. Alfred Shipman, a lead- ing physiclan of this ciiy, this morning, and his ‘statement has given rise to considerable discussion in medical circles. Dr. Shipman has been a licensed practitioner_in Nebraska for a quarter ot a century and is much opposed to the present day tendency to the fre- quent use of the knife. An occasional case of appendieitis, said the doctor, requires operation, but the “appendix craze,” he asserted, was h full swing Toso tried to pacify his_ wife, but his|among the people, as well as among many doctors, and many good physi- cians were inclined to regard any pain or ache situated below the diaphragm as ‘due to a full-fledged case of ap- pendicitis, requiring an Immediate operation. Dr. Shipman blames the leading men in the profession, who refuse to raise their volces agaipst an abuse which uley know exists, and the insistence of patients themselves for the frequency of these unnecessary operations. 7 3 " Indicted Packers Are Immune. Escape Trial Because They Opened Books to Garfield. CHICAGO, March 21.—All of the packers who were indicted by the Fed- eral Grand Jury last summer upon charges of being in conspiracy in re- straint of trade and commerce were to- day granted immunity from criminal presecution under the indictment. While the individuals are to go free, the in- dictments found against the corpora tions, of which some of the indicted in- dividuals are members and others are employes, are to stand. i The decision to this effect was handed down this afternoon by Judge J. Otis| Humphrey in the United States Dis ict | Court. The arguments in the case were concluded shortly after 3 o'clock and Judge Humphrey at once commenced the delivery of his opinion. It was oral and the Judge spoke for nearly an hour before giving the slightest indication of what the ultimate decision would be. He reviewed the case at length in all its bearings, ‘cited all the essential facts which had béen brought out and con- cluded as follows: ‘Under the law in this case the immu- 0ity pieas filed by the defendants will . ined as to the individuals and % he Goverpment S are concerned fhe @oyernment as far as the individu- als are concerned” BEEF BARONS DISPLAY JOY. During" the réndition” of the. decision the court was crowded by the defend- ants and numerous spectators. Edward Morris and Edward Swift were in court and both smiled happily when the deci- sion was announced. J. Ogden Armour was not présent,-but _some of the men promineént in the employ of Armour & Co.,” who were among the indicted, were there and their joy was great. When the Judge announced that the indictments would not lie against them they crowded together and commenced to shake hands in mutual congratula- tion. The attorneys for the defendants algo were highly pleased, and when the decision had been announced they shook hands all around and then hastened to the jury box to shake hands with the Jurors, who had been excluded from th3 courtroom. during all the arguments made in the case and who returned a verdict in accordance with the diree- tions of the court. District Attorney Morrison, who was in charge of the case for the Govern- mént, with the exception of the argu- ment by Attorney General Moody, sat | with bowed head for a short time after Judge Humphrey had concluded, and then walked over to the jury box and also shook hands with the jurors. PACKERS FIGHT FOR DELAY. Immediately following the dismissal of the jury District Attorney Morrison raised the question of the date for the trial of the corporations. He asked that the case be set for trial and be com- menced within two weeks. This met with a storm of protest from the attor- neys for the packers, who Insisted that they would be unable to prepare for the case before autumn, pleading the num- ber of witnesses which it would; be necessary to bring to Chicago, ‘the strain of the present trial and various other reasons. After some discussion Judge Humph- rey directed that the lawyers agree among themselves upon a date and no- tify him. of their decision next week. It is expected that the total number of witnesses In this trial. when it is be- gun, will be at least 1600. The attor- neys. for the.packers declared today,’| when asking for a postponement of the trial, that their witnesses would num- ber.1500, and the Government has al- ready said that it would have 100 or more. The court proceedings for the day were commenced with the argument of Attorney. John 8. Miller, who had waived a portion of his time In favor The cases against the individual packers were dis- as tar as the |8 of Attorney General Moody. He scout- ed the contentions of the Attorney General, saying that it was evident to the most casual reader of the interstate commerce law that no distinction ex- isted in that act Dbetween evidence given voluntarily and evidence given under compulsion. He declared that there could not be the slightest doubt that-the defendants In the present case ‘were entitled to immunity. . DECISION OF THE COURT. Attorney Miller concluded his argu- ment shortly ‘after 3 o'clock, and Judge Humphrey "at once commenced speak- ing from the bench,’announcing his de- cision. - Part of the decision was as fol- lows: ““The defendants are indicted under the Bherman act, charged with a in ‘restraint of trade. They have plealled that as to them t:at act should be sus- pended, -becavse they. were. compelled to | furnish . eviderce concerning the matter in the indictment, and under the law such furnishing of evidence gives them immu- nity.” The law under consideration, for the construction of which the court is called upon to decide, is the commerce and labor adt. It fis. clear that the pri- mary purpose of this act was to enable UNITED STATES JUDGE WHO HAS DECID! THE BEEF TRUST IMMUNITY CASE. P ONSHIP Fair Passenger on the Liner Kaiser Wilhelm IT Is De- tected in Act of Cheating Special Dispatch to The Jail, NEW 'YORK, March 21.—When the steamship Kaiser Willelm II of the North German Lloyd line arrived hers today from Bremen a story was told by the passengers of card sharpers in the women's parlor on board the ship when the vessel was only two days out. For the first time in the history of the line the “sharps” were women, it was declared. Instead of men, and Wwomen were their prey. In the Vienna room of the steam- ship, which is frequented almost ex- clusively by women, a scene was en- acted on -the afternoon of March 16 which”™ was mest dramatic. A petite woman, dressed in black, accompanied by a tall, good-looking Englishman, made the acquaintance of several of the women passengers and began = game of draw poker. with a 25 cent limit. The game had proceeded about thFee hours when ome of the women at the -table, ' who had -lost - comsiderable money. Sprang to her feet and accused the “woman In black™ of cheating: The table was overthrown and everybody stood up, with blanched faces. The greatest confusion ensued until some of the officers of- the- ship arrived and calmed the women passengers. Then' it ‘was learned that one of the women charged that she saw t| “woman in' black™ signal to the tall Englishman, who had entered the game ‘with the others. A few hours later Captain Hagemann of the steamship posted the following netice in the Vienna room: “Certain things bhaving come to the notice of the captain, the passengers, ‘warned" eapecially women, are against playing games of chance with strangers.” The notice caused a sensation on board the . vessel. The “woman n black” and her companion appeared before the other passengers of the ship only at meal time for the remainder of the trip, and both were ostracised by all the other women on board. MEDITERRANEAN 'ISLE SHAKEN BY QUAKES Destruetion Wrought = and People Panic Stricken on Ustiea. to The Call and the New Copyright, 1906, by the New Publisning Company. Special York Herald: York Herald PALERMO, March 21.—There Stefly, have been twenty-one earthquake shocks on the Island-of Ustica during the last three days. The populatior! lives in con- stant terror. A great valley has been fromed'in the center of the island and all