The San Francisco Call. Newspaper, March 31, 1906, Page 2

“w CATTLE DR LAND IN Heavy Downpour the State Sw The rain which made San Franciscuns uncomfortable yesterday was gen- ¥rom, mearly every section heavy downpours were Little damage was done by the showers, though in many places the storm caused a renewal of fears of a flood, particularly in the neighborhood of Lodl, where n break in the levee resuited in the inundation of many acres and ersl threughout the State. reported. the drowhing of several head of eattle. A quarter of a| day a cres of farming land will e § The break on the morth e Mokelumne River, near the between San Joaquin asd counties. Many cattle were head were £ water. fall of the season is sections of the county tor to 5 S, R MUCH TRACK DESTROYED. Workmen Repairing Lines Damaged by Storm. Army of s ANGEL ch 3.—It is an- ¥ > flic the Salt Lake Road s ex ave the damage repaired &l aye. The | the number of la- | the damaged roadbed, | force of nearly 1000 men s being put for- at the earliest and ‘the officlals say to establish & record in roads have their lines the exception of f the Southern Pacific, ng some difficulty again S RIVER RISING AGAIN. But a Sacramento Creeps Upward, ¥lood is Not Feared. | h 30.—One - of wn here oc- | 1 in about an o'clock .85 of The total for the was over an inch. | is an inch registers 2 sing. River | absolutely no danger, 1ld stand four feet more | Owing to the immense the width of the stream it nigh impossible for te be raised to »ve the pres- | e and msidered NAPA GETS DRENCHING. Dowmpour Swell Streams, But Does Not Injure Frult. here was a heavy in Napa and vicinit) Heavy he rainfall for | o 7 o'clock this 1.10 of an inch se rapidly this even- | bout Napa are run- | he rain is prov- | to pasture lands, ard in some place. rees are in bloom ty, but will prob- | ot be injured by the rain. Total | for the season to date amounts | inches against 27.10 inches at | last year. ! esponding date MORE RAIN IN VISALIA. | Farmers, However, Do Not Fear Crops Will Be Injured. March 30.—It began raining this morning. It will | le rain to swell the rivers | as the ground is saturated | y. The sfarmers seem | { that no damage will | and fruits. t flood waters have ch damage has been | n done to the paved 2 will require at least $2000 mage. Many buildings »cted by the flood waters. many substantial buildings not ciose because the structures have nk SR FEAR LEVE WILL BREAK. | Showers Cause Remewal of Worry in Colusa. rch 30.—After a let-up heavy rain com- ast night and still con- all during 76 of an registers in the Heavy feet 9 inches. north and west- se the river to rise entertained by many s north and south of Co- may not be able to held against e rise expected from this storm. S St RAIN' AND LIGHYNING. Durisg Downpour st Lédl Bolt Injures Power Plant. LODRI, March.30.—In Jess than one hour « afternoon an inch and a half of rain in.Lodi.. When the storin was at its igh lightning struck the line of the | an River Power Company, putting | it out of commission for about an hour. The local telephone -offiee alo suffered. Ahout fifty telephones are out of order beeause of the lightning. It was one of the heaviest downpours ever witnessed in Jodi, gnd for a while the streets were fieoded to a depth of two inches or more. — TRAINS TWO HOURS LATE, Heavy Rains Delay Trafic Over Lines In South. SAN LUIS OBISPO, March 30.—Traf- fic over the Southern Pacific has been yesumed, but all trains are two hours late. . There was a heavy fall of rain this morning, the precipitation in two Jiours being .60 of an inch. It is rain- ing tonight and there is every evidence of another heavy fall. The Southern Pacific roadbed over the mountains is wvery soft and dangerous. PUEESIE s AT ALL RESERVOIRS FULL. San Dlego Gets Her Share of the Gen- erous Downpour. ¥ BAN DIEGO, March 30—Predictions of ' UNDATED. Water Pours Through a Big Break in the Levee Near Lodi. | subside. | hundredths of an inch of rain fell last | ranches, as well as in the cities. | pected that the work would continue dur- | have been coming in quietly to differsnt | of the Delaware, Lackawanna and West- | and operators will reach an agreement {and the company will endeavor. to con- OWN WHEN in All Sections of ells Streams. more rain today in this section have been fulfilled so far by only a light shower, but conditions favor a storm. In the pres- ent ccndition of the soil, another rain would again swell the streams, which, although still torrents, -ave begun to Santa Fe trains are again run- g through from the north, heavy with congested travel, baggage and mall. Sub- urban trains will resume schedules today, Many county roads, which have been blocked for four days, are again in use, but. the main road to the north is cut the wreck of the big bridge over the r Di River. The rainfall this gea- | son i a normal seasonal excess of | 3.63. All reservoirs are overflowing, the great Sweetwater basin being full for the first time in fifteen year: E SE T Rivers Run High. MARTINEZ, March 30.—The San Joa- | quin and Old rivers, along the eastern | boundary of Contra Costa County, are | running banks high, and serious danger | of breaking the new levees recently constructed along the rivers to protect newly reclaimed land has aroused the farmers. In several places the levees are weakening under the strain. Pa- trols are doing night and day duty. The levees are soft in many spots. Dredgers are working day and night throwing | mud behind the levees to strengthen them. Thousands of acres of land are in danger from the increasing floods | which the heavy rains cause, together with the freshets which come with the melting snows. TA ROSA, March 30.—Traffic on the California Northwestern Railroad was delayed several hours today as the resuit of a landslide at tunnel > s, near Echo, in Mendocino County. Trou- ble occurred at that point several days 2go, and was about cleared up when another portion of the hill gave way, again covering the track. Storms have | heen heavy in that vicinity, but it is taought all trains will be running to- morrow as usual. —e Rain Delays Farm Work. SANTA ROSA, March 30.—Seventy-six night and this morning, bringing the total for the season up to 28.89, as .com- pared with 31.54 inches to the same date last year. The continued rainsare keeping back all kinds of work on the UNREST [N PENTAYLVANIA: — 1 Pa, SCRANTON, search 30.—John Mitcheli's order to suspend mining in the anthracite region pending the conference with the operators caused surprise to the operators and miners alike. It was ex- ing the negotiations for a settlement. The miners will obey the order and the com- panies will try to keep their mines open. Mr. Farley, strikebreaker, has been here for several days and gangs of laborers points. The Delaware and Hudson Com- pany has fitted box cars and cooking stoves at jts works near Carbondale for an emergency. The Erfe and other com- panies have. it is understood, secured many nou-union men who will arrive in the regioh before Monday. A determined effort will be made to work the mines ern Company. Breakers throughout the valley are being fitted out with search- lights and “trespass” notices' are pasted at various collieries. The great activity manifested indicates a determination to keep the mines going. MAHONY CITY, Pa., March 30.—The order of President Mitchell and the three district presidents of the miners' union, calling for a suspension of work in the anthracite coal field, is hailed with satis- faction by the mine workers here. The t‘ixodus of foreigners from the region con- tinues. HAZLETON, Pa, March 30.—Many miners in the Hazleton district quit work today and will not go back until the anthracite troubles are settled. WILKESBARRE, Pa., March 30.—Some of thec oal companies in this region have issued orders to take the mules out of the mines and put the collieries in condition for an idle spell. At the headquarters of the United Mine Workers the statement is made that the order to quit work will be obeyed by the men. It is not believed that the operators will attempt to work any of their mines. The belief prevails in the business community that the miners and that the suspension will be of short duration. GREENSBURG, Pa., March 30.—Eight thousand miners in the employ of the Keystone Coal and Coke Company and the Jamison Coal and Coke Company, in this locality, have decided to continue work regardless of the action of the In- dianapolis convention. Both companies will pay the advance demanded, although the miners are now getting a trifle more than is pald to the river miners and those in the Irwin district. % L2 4P T THREAT OF RAILROADS. o NEW YORK, March 80.—Manufacturers on several lines of rallroads running out of New York were notified by circular yesterday that in the event of a coal strike .coal consigned to the manufactur- ers would be confiscated and paid for by the railfoads, should necessity demand it. There is a national law which permits the confiscation’ of coal by railroads in certain emergencies. Railroad men in New York are already counting on a possible supply of coal from the non-union mines of West Vir- ginia. In event of a suike the price will greatly advance, of course, but the supply from West Virginia is looked forward to with a degree of certainty. The stocks of the anthracite coal roads broke severely at the opening of the stock market today. Jersey Central declined $ points, Phi'adelphia and Reading and Delaware and Hudson 2. The entire list was heavy in sympathy with _ these declines. President Truesdale of the Delaware, Lackawanna and Western said: ““The mines of the Lackawanna will be continued in operation on Monday mext tinue them in operation. It is our pur- pose to have notices posted at the mines notifying our employes that they may LECGALITY OF ARREST Counsel for George W. Per- kins, Accused of Larceny of Funds of the New York Life, Argue His Innocence DISTRICT ATTORNEY JEROME ALSO HEARD Prosecutor Holds That the Accused Had No Legal or Moral Right to Give Away Money of the Corporation NEW YORK, March 30.—Arguments on the habeas corpus proceedings in the case of George W. Perkins, former vice president of the New York Life Insur- ance Company, who is charged in a war- rant issued by Magistrate Moss with the larceny of $45,702 belonging to the policy- holders of the New York Life, which | he advanced to Cornelius N. Bliss, treas- urer of the Republican National Com- mittee, were made today before Justice Greenbaum in the State Supreme Court. Decision was reserved. Briefs will be filed Monday by contending counsel and then Justice Greenbaum will take the matter of the legality of Perkins' arrest under advisement. District Attorney Jerome argued for the prosecution and former Judge William N. Cohen and Lewls Delafield appeared for the defendant. Justice Greenbaum took the liveliest intefest in the argu- ment and constantly interrupted.the law- yers with pointed questions. Jerome said that criminal intention, according to legal authorities, was to appear from all the circumstances of the case. JEROME ARGUES CASE. “The question here,” he continued, “Is as to the right of Perkins to pay the money of the policyholders to a political organization for the purpose of influenc- ing the resulis of certain political mat- ters at the polls. This is very far from being a case where there is an absence of moral guilt or turpitude. Shall the officers of a corporation or a single offi- cer take the money of the policyholders, take your money or mine and give it to a political party? 1 say that such an act is Inherently wrong, whether it is prohibited by law or not. I say that it is contrary to public policy, contrary to public morality and contrary as well to private morality and common decency, Half of the policyholders may have been Democrats, -and to take their money to assist the Republican party certainly goes to the establishment of felonious intent.” Justice Greenbaum asked: “If you maintain that this was an illegal act in what classification do you put it?"” Jerome replied: “I think that the pay- ment was both illegal afd Immoral. I claim that it was both and that it was | eriminal.”’ Drawing a parallel in justification of thg payment of money to the Republl campaign committee, Judge Cohen said that President John A. MeCall of the New York Life Insurance Company had at different times directed the payment of large sums of money for the relief of the Johnstown flood sufferers and for use in a yellow fever epidemic in New' Or- leans. These payments have been outside the vested authority of the president, he said, but surely not illegal; certainly very far from criminal. COHEN DEFENDS ACT, “Mr. McCall’ he said, “held great funds in his possession and he used them for public benefits. He believed sincere- ly that when he directed the payment of this money by Perkins he was acting for the best interests of the policy holders of the company. Outside of his vested authority, perhaps, but not illegal; cer- tainly not criminal.” It was then explained to the court that Perkins had advanced his personal funds to Bliss and had been repaid months aft- erward by the New York Life. “Is it common -sense,” asked Judge Cohen, “to charge a man with having stolen from another when he is repaid his own? Perkins believed he was doing the best thing for his company and it is at his request that I make this further statement. In saying that he acted throughout under the direction of Mc- Call Perkins has not the slightest idea of attributing to MecCall any except the highest motives, or any wish or idea ex- cept to protect the interests of the policy holders.” Judge Cohen argued that noné of the code of the definitions of larceny applied to Perkins' case. When he read the clause treating with. improper payments by officers of corporations having con- trol of such payments Justice Greenbaum asked: “Do you mean to claim that a president of a corporation cannot be said to be an officer having control of funds within the meaning of the statute; that the only officers so included are those who actually draw the checks.” QUESTIONS THE LAW, “T think that is the meaning of the law,” replied Judge Cohen. “S0 narrow as that?” commented Jus- tice Greenbaum. “I think the purport of the law is as sensible as that,” rejoined the lawyer. Justice Greenbaum then asked whether Judge Cohen thought that his interpre- tation would shield from conviction ' of larceny an officer who accepted money wrongfuliy given to him or paid to him by check by an officer having that au- thority. Justice Cohen said that if ‘criminal wrongdoing was charged it was covered by other provisions of the Penal Code, but he maintained that it would not be lar- ceny under the code. Justice Greenbaum remarked: “I merely wished fully to understand your conten- tion.” Later he sald: A man’s motive may be perfectly good, and yet he may be, guilty of crime.” Judge Cohen replied that there is a dis- tinetion between motive and intent, and he declared that criminal intent {s essen- tial in proving the commission of a crime. During Jerome's reply to the argument for Perkins, Justice Greenbaum asked: “Do you maintain that it is unlawful to contribute the funds of a company for such purpose as is covered by this case?” “The money of the policy-holders—yes,” replied the District Attorney. 4 WILL CITE AUTHORITIES. “But do you say that of contributions from any sort of company?” “Oh, as to limited lability companies, ‘when a father and members of his family are the only stockholders—no,” said Je- rome. “But with any gréat corporation or trust company I say it is immoral in the highest degree to divert its funds without the consent of every party in interest.” ‘“Have you any authorities to submit in support of that view—any authorities re- continue at work. under the same condi- tions as now exist under the anthracite lating to any similar acts or gifts to other than to political organizations?"” “I have not. We have searched diligent. U272 2722022 P28 SSSSS CTUSSSSS SSCUTERTSSSSSSSS oo G T e S 2 Yz {/ SOSSSSSSSS Ne2Zz22222 et SS ASSRSERSE JUDGE WHO HAS CALLED A GRAND JURY TO INVESTIGATB INSURANCE AFFAIRS. - —fe 1y, but this appears to be the first instance of such an issue having arisen. It would appear that your Honor will have to pass upon the question-as to whether there was a felonious intent without the assistance of such authorities. ey L SPECIAL JURY CALLED. Conduct of Officers of Life Insurance Companies to Be Investigated. NEW YORK, March 30.—All matters re- lating to officers of the life insurance companies who ‘may have transgressed the criminal laws will be considered in May by a special Grand Jury. This was decided today, when Judge Dowling, in the criminal branch of the Supreme Court, granted District Attor- ney Jerome's request that such a jury should be impaneled and signed an order directing the Commissioner of Jurors to draw the panel. In doing so Judge Dow- ling told Jerome that before taking this action he had consulted with Judge Scott, who will preside in the criminal branch during the May term and will have charge of the spectal Grand Jury's delib- erations, Judge O’Gorman, who will be in the criminal branch for the April term, and also with Presiding Judge Morgan J. O’Brien of the appellate division of the Supreme Court. All of them said they were In favor of having a special Grand Jury take up the insurance cases and had no objection to him signing the order which would bring it into existence. “I find there is no more expeditious way,” said Judge Dowling to the District. Attorney, “of getting a special Grand Jury than that you have suggested. You asked for this order on the ground that the proper dispatch of public business de- mands - it, -and you are in a position to know all the facts and you assume all the responsibility.” To this Jerome made no. response, but late in the afternoon he hag, a long talk with the Judge. With' this order signed there is little likelihood that Recorder Goff, who takes his place in the General Sessions Court on Monday and who will have the direction of the ordinary Gra: Jury for April, will have aiything to sé al to that body concerning the investigation of any insurance cases. Jerome, although he is in a position to place before the May body all the ev dence. sifiry’ and has several ‘wit- nesses om he will Be'ready to cally will not €ay what especial ‘phases‘of thé - surance question he will bring up first, but it is Mkely He will select as the first topic to be submitted that on which a conviction might be obtained = without much difficulty, so that he may bring any officers who are indicted to trial without delay. ——in MAY CUT OUT WASHINGTON. Insurance Investigation Must Be Held Soon, Says Commissioner Wolf. Insurance Commissioner \Wolf: received a telegram yesterday from Mr. Wolfe, a New York insurance actuary and expert, in reference to his services in making an investigation of the affairs of the Pacific Mutual Life Insurance Company, as re- quested by President Tupper.. Actuary ‘Wolfe is willing to serve and is only anxious now about having a definite date for beginning. Up to last evening Com- missioner Wolf had not been able to say when the experting would begin. President Tupper of the Pacific Mutual Life, when he made his request for an examination, expressed the wish that the Insurance departments of California, Washington and Oregon should- all be represented, so that the entire Pacific Coast might have intimate knowledge of the facts as they were brought to light. This plan was entirely satisfactory to Insurance Commissioner Wolf and he gave it prompt approval. . At the start the plan looked easy of fulfillment, but now the department of ‘Washington has requested that the ex- perting shall not begin .until May, the reason being that tue Washington de- partment has pressing business to attend to at home at this time that will last some weeks. . In the meantime Commissioner Wolf desires to go on at once. Actuary Wolfe, owing to the investigation in the life in- surance business in the East, is very busy and he has to fix dates ahead to fill en- gagements. This he cannot do until he knows when the Pacific .Coast dutles in connection with the investigation of the affairs of the Pacific Mutual Life will begin. Commissioner Wolf said last evening that it might be necessary to cut the ‘Washington department out, although he did not wish to do that; but it was de- sirable to grant the Mutual Life the earllest possible action in response to its request. The expense of the investiga- tion will all be borne by the Pacific Mu- tual Life Insurance Company. ——————————— ‘Will Be Buried Today. s The funeral of the late Mary Joseph- ine Loughborough will take place to- day at 10 o'cloek at St. Mary's Ca- thedral. Miss Loughborough was one of the city’s fairest’ daughters and be- loved by an immense circle of friends. Her death in Rome last month came as a terrible shock to those who knew her here. She had been making an ex- tended tour of the Continent with Mr. and Mrs. Allan® Wallace. During her sojourn in Rome she was presented to the Pope, X b ———————— Harvard Wins the Debate, NEW HAVEN, Conn., March 30.—The annual Yale-Harvard debate tonight was won by Harvard, which upheld the affirin- ative of the question: ' “That it -would be for the interests of New York City to own itg street railway system.” —————— Threaten to Deluge Town. - BELLEFONTAINE, Ohio, March 30.— The entire population of the town of Lake View, near here, was called out tonight to help repair a break in the dam of the Lewiston reservoir, which threatens to deluge the town. * ——————————— WASHINGTON, March 30.—Justice Harlan today denied that he s about to retire from the Supreme bench, as reported in some quar- -a 5 ’1‘-&&'&‘& Hall 2 Millon Miners Prepard to Co on Stike in Coal Fields Continued from Page 1, Column 5. operators as to their intentions will be made. President Mitchell said today he be- lieved one-half of the tonnage of Illi- nois, Indiana, Ohio and Western Penn- sylvania would sign vefy soon and also a large number of independents having an annual output of 13,000,000 tons who pro- tested here against the advance. Th miners expect that very few operators in the Southwest will sign at once. It was stated tonight by a representa- tive of coal interests of Western Penn- sylvania that at 5 o'clock this afternoon notices were posted at forty independent mines in the Irwin district of Western Pennsylvania that the 1303 scale would be paid. These mines, it was sald, employed 12,000 men and have an annual output of 9,000,000 tons. / 2 It was also stated that F. L. Robbins, representing the Pittsburg Coal Company, would in all probability ‘post similar no- tices and make an effort to sign the scale for the mines belonging ‘to his company and those belonging.to himself, either to-| morrow or Monday. It is his désire, it was said, to have no suspension at all in these mines if it can be prevented by prompt action in sjgning the scale. A ma- Jority of the operitors and miners left In- dianapolis tonight. The others will leave tomorrow. . : . The joint conference of this district ad- Journed today after disagreeing and after the miners had unanimously: declined to submit the differences to a commission to bz appointed by President Roosevelt. ¥ The national executive board will meet tomorrow morning.to arrange the details of managing the strike. It was empow- ered to decide what employes would be allowed. to continue work at the mines to prevent the destruction of the property during the suspension. There is in the national, district and local treasuries of the miners $2,500,000, of which $400,000 is in the national treasury. President Mitchell expects to leave on Sunday for New York to meet in joint conference with the anthracite operators. The convention today talled to expel Patrick Dolan and Uriah Bellingham, the Pittsburg district officials, from the organ- ization by a vote of 450 to 358. The con- troversy ‘was referred back to the Pitts- burg district. MITCHELL HAS CONTROL OF MINERS’ CONVENTION President Mitchell had absolute control of the convention ‘throughout ‘its sessions and every act desired by him was done. He intimated today that if the convention did not adopt the Tresolution “permitting the mineérs to sign wherever the advance scale was paid, he would resign. The vote was unanimous, although Vice Presi- dent Lewis took a vigorous position against 1t. . President Mitchell, in calling the na- tional convention of the United . Mine Workers of America to order today, said: “Gentlemen, the purpose in. asking for a separate conyentian of the miners is to determine the policy that we shall now pursue. The secretary has a copy of a communication addressed to the President of the United States by a part of the operators of these districts, and I think it well that it now be sub- mitted for your information.” Secretary Wilson read the resolu- tions adopted last night by operators of Illinois, Indiana, Ohio, and Westarn, Pennsylvanfa asking the President of the United States to appoint a commit- tee to investigate mining conditions. Delegate Willlams of~Illinois asked what assurance the miners had that the operators representéd 80 per cent of the tonnage.” President Mitchell replied that after reading the resolutions of the operators he had sent a telegram to the President, telling him that 50 per cent of the tonnage in the States mentioned in the resolution were will- ing to pay the advance asked. W. D. Ryan of Illinois moved that ‘“the communication be received and placed 6n file among other memoirs for our future reference.” This was adopt- ed_unanimously. President H. C. Perry of the Illinois miners offered the following resolu- tions: “Whereas, the tral competitive a whole, refused. and restore the wage scale; and . “Whereas, many individual operators have exprefsed their willingness and desire to grant the restoration of the above scale; therefore. be it “Resolved, that this convention now assembled do authorize the national and district officials to make agree- ments with any and all parties engaged in the operation of coal mines, the same to provide for the restoration of the scale paid in 1903 for mining, day labor and dead work for a period of two years, beginning April 1, 1906, in the Central competitive district, and equivalent of the above demands to be the basis in all other bituminous dis- tricts; and be it further “Resolved, that where such agree- ments are secured the miners and mine laborers shall abide thereby and work in accordance with the same.” HINTS AT'RESIGNATION UNLESS PLAN CARRIES Delegate Mooney wanted to know if the officials could authorize a scale without consulting the miners. Perry replied that the intention of the resolution is that all scales signed at any place where an agreement should be secured must be signed by the district officials or the mational officials or both together. He said it was not the intention that a dis- trict officlal or any other officlal could make any scale with an operator except so far as has been provided for by the convention.. He said local conditions should be settled by all partles inter- ested. It was explained that where the same company owned mines in two dis- operators of the Cen- coal district have, as to grant our demands, 1903 mining and day tricts the scale must be signed by the | company for all of its property before the scale could be accepted by the miners. Perry sald the resolution was not intend- ed to settle conditions, but a scale. Mitchell then took the floor. He said it had been stated that his attltude had not been made known to the miners. Said he: ““I believe that the best interest of the miners would be conserved by signing the scale wherever it is paid. 1 know how popular it is to talk strike,’ but I also know what a difference there is when passion has cooled. I know there have been large operators, who have opposed an advance who will 1ot walt ten days before signing the-secale. It is for us to decide what will be best for the interests we represent and what is our duty to the country. My best judgment is that we should make settlements with those ‘who will pay our scale and em- ploy union men. A ~ “I shall not be a party to and there shall bé no signature from the national hereto- fore enjoyed. y “In closing T want to say that I have no doubt half the tonnage in already openly favored the advance. And some of this tonnage, through its sentatives, voted against paying the ad- vance. Some of this is in the south- west district.” In closing Mitchell said: “Let me make this declaration so plain that there can be no possible misunder- standing. Just as soon as I fail to have the confidence and sincere respect of the miners, not only as to my personal integ- rity, but also as to my judgment as to ‘what is best for them, then I ask you men o relieve me of my responsibility. Let me go home. Let me live as you live, with your wives and your babies. “Gentlemen, my judgment is that this resolution is the bestrthe very best—that we can or will adopt.” FROPOSITION ADOPTED BY A LARGE MAJORITY The resolution, Delegate Lewis said, meant that the miners would give up their solid organfzation, which had been perfected at the expense of so much time, energy and money, because a few oper- ators offered to pay the advanced scale. If Pennsylvania operators are not required to sign the scale at union and non-union mines as well, the miners in future settle- {‘ments would be severely handicapped, and the miners would give up the principle of unioniem as a protection of their- rights, he safd. A President Mitchell read to the conven- tion a copy of the stand taken by the an- thracite committee and its telegram to Baer. ‘He also read the telegram he bad sent to President Roosevelt, maintaining that 50 per cent of the tonnage in the Pennsylvania district was willing to pay the 1903 scale. again appealed .to the miners that it be adopted. He sald he would have made some changes in it if he had been writing it, but he was certain the best interests of the miners’ organization demanded the passage of the resolutign. On request of Mitchell, President White of the Iowa miners said he thought the Towa operators would pay the advanced scale. Mitchell satd all delegates who were in- structed must vote their instructions. He said he thought he had a right to assume authority under great emergency, and added: “And if ¥ am going to continue in this movement, then I say that under a great publie crisis and under a great emergency I shall continue, even without your con- sent, to_do what I believe to be best for you and ‘best for my country.” At 3:30 Sgcretary Wilson read the mo- tion of President Perry to allow the siga- ing of the advance scale wherever re- ceived” In a standing vote the resolution was adopted by a large majority, not more than a hundred delegates voting against it. A letter from Governor Gooding of Ida- ho “inviting a committee to Investigate condiilons’ there' was read. A motlon to allow' President Mitchell to name ‘such a committée, together with President Gom- pers of the American Federation of La- Yor,” brought -out a. prolonged debate. President Mitchell said he had asked President Gompers for his views, but had recefved no reply. The matter on motion was referred to the international execu- tive board to take such action as may be agreed upon with the American Federa- tion of Labor. g PRESIDENT HOLDS ALOOF. Chief Executive Not Prepared to Inter- -~ .. weme at Present. . WASHINGTON, March 30.—Tn view of the fact that it was a letter from Presi- dent Roosevelt which induced the coal miners and operators to have further con- ferences before r ing «heir final dis- agreement, attention is riveted on the White House in the expéctation that the President will make ther move. This is not likely at this tlme, but there is little doubt that ultimately Mr. Roose- velt will once more be the center of the controversy, as he was in the autumn of 1902. A friend ‘of the adrhinistration, stating the position nowtaken by the President, saidytoday: “There is really no call for the Presi- dent to intervene in this strike so long as no one suffers but the operators and miners, parties to the strike. The Presi- dent has done what he could to.enable the two contending interests. to have sober gsecond thought before deciding to part as enemies and to close down the mines. It does not always follow that because a thing was successfully done once it can be done azain. “In 1902, when the President intervened, he did so in the interests of the public in the entire East.' There was a coal famine. Winter was coming on and there was no coal. Already thousands were suf- fering because of lack of fuel. No such condition now confronts him. There is a very large stock of coal. In addition to that it is just the beginning of mild weather and there will be no heating of houses for at least six months.” The Cabinet for some time today had under consideration the coal situation as disclosed by the proceedings of yester- day. The telegrams from Indianapolis from John H. Winder, John Mitchell and Francis L. Robbins were discussed. At the conclusion of the meeting the Presi- dent made the announcement through Secretary Loeb that there was nothing to s at this time. It was added that he had not as yet replied to either of the telegrams. It is known that the President’s replies to the telegrams received from Indianapo- lis will be to the effect that he has the whole matter under consideration and it may be some days yet before he decides what, If anything, can be done. President Roosevelt later authorized the publication of two telegrams received by him last night. One came from John M. ‘Winder, chairman of the Bituminous Coal Operators’ Association at Indianapolis, and the other from John Mitchell, presi- dent of the TUnited Mine Workers of Amefica, and. Francis L. Robbins, the largest coal operator in the Pittsburg dis- trict. 2 The telegram from Winder preposes that the President appoint a committee to investigate all matters which In the juds- ment of such commission had an impor- tant bearing on the scale of wages which should be paid all classes of labor in coal mines of the territory involved. He pr poses that the commission report to the President its findings of facts, together with its recommendations, and suggests that the commission have power to ad- minister oaths and compel the attendance of witnesses. The telegram signed by Mitchell and bins takes issue with the staterhent made in the telegram signed by Winder, saying that it does not represent the real facts, They assert that ome-half of the total tonnage in Eastern Pennsylvania, Ohio, Indiana and Illinois is produced by operators who are willing to pay the compromise scale. The President has lukonno:efion!nmmmru et. 7 - Try D~ Graves’ It is the most effective tooth preservative and cleanser made. Use it for health and ecogomy— leaves dehfigus In handy Dr-Graves’ Speaking of the Perry resolution, he | | safe remedy, TRAIN- DAS INTO A DITCH Twenty-Three Travelers Are Seriously Hurt in a Rail- road Accident in Indiana CARS JUMP THE TRACK s u ‘Women and Children Are In- jured in a Wild Seramble to Escape From Coaches FORT WAYNE, Ind, March 30.—As eastbound Nickel Plate passenges train No. 2 was approaching the town of South Whiteley this afternoon the smoker, day coach and five sleeping cars left the track and turned over in a ditch, injuring twenty-three persons, one fatally. Only the baggage car and the rear trucks of the dining car re- mained oa the track. The accident is believed to have been caused by spreading rails. Passengers say a number of those in- jured were hurt in a wild scramble for the door of the car, when women and children were trampled under foot. e el Fatal Wreck on Canadian Paeifie. ST. PAUL, March 30.—A special to the Pioneer Press from Winnipeg says: A wreck occurred on the Neepwa branch of the Canadian Facific Rail- road today. One man was killed and a large number of passengers were in- jured. L —_————————— Alleged Forger Must Come Back. SACRAMENTO, March 30.—Governor Pardee today issued a requisition upon the Governor of Pennsylvania for the return to this State of Frank L. Fullen, now under arrest at Beaver, Pa. Ful- len is wanted in San Francisco on a charge of having forged a certified check for $1300 on a West Virginia bank and collecting on it from a San Francisco bank, DOAN’S DANGER IN DELAY Kidney Diseases Are Too Dangerous for San Francisco Peaple to Neglect The great danger of kidney trou= bles is that they get a firm hold be- fore the sufferer recognizes them. Health is gradually undermined, back- ache, headache, nervousness, lame- ness, soreness, lumbago, urinary trou- bles, dropsy, diabetes and Bright's disease follow in merciless succes- sion. Don’t neglect your kidneys. Cure the kidneys with the certain and Doan’s Kidney Pills, which has cured people right here in San Francisco. Mss. V. Powell of 272 Harriet street says: “I know of a case of kid- ney complaint, probably due to the contraction of a cold, where Doan’s Kidney Pills were used and the treatment stopped very severe aching across the small of the back. ‘This was some months ago, and since then there has not been any indica- tion of a return. I have seen ac- counts in our newspapers in San Francisco of others who were just as ronounced in their estimation of oan's Kidney Pills as 1.” For sale by all dealers. Price 50 cents. Foster-Milburn Co., Buffalo, New York, sole ageats for the United States. Remember the name, Doan’s, and take no other. 9 Years From Now In San Francisco. If you are alive in 1915 this is what you will probably read: King Edward is having a good time while here. He was driven through our Park Panhandle Ex- tension today and said that he was going to quit being a King and come over here and live— even if he had to sell papers—he enjoyed the drive so well. The King is getting pretty feeble, but he's a kind and gentle old man. Printed list of property free. “Shannon, the Real Estate Man,” 323 MONTGOMERY ST. L0S ANGELES TIMES ROOM 41, CHRONICLE BLDS. » Pebowe i W .} The Times Is the advertising medium of the Southwest v