The San Francisco Call. Newspaper, June 29, 1906, Page 1

WEATHER FORECAST. San Francisco and vicin- ‘air Friday; fresh west S The Call prints more news than any other paper published .in San Francisco. SAN FRANCISCO, FRIDAY, JUNE PRICE FIVE CENTS. FORBID THE PAY TRACED IN ANY WAY T N v,rd{‘nar_\' insurance business that th indirectly” to the earthquake. 7/’<raq5mrt, has been sent to a 11 Reinsurance Companies Demand That Ordinary Companies Do Not Settle for| Damage Due “Directly or Indirectly” to the Recent Temblor. PHRASE PRONOUNCED ELASTIC ENOUGH TO INDUCE EVASIONS Knowledge of Fiat Comes Through Circular Sent by Old World Corporations to| German and English Concemns Hit by Local Disaster. | DOCUMENT FORMULATED AT GATHERING HELD AT FRANKFORT. in the text or not, can never have g upon his shoulders liabilities caused lirectly by earthqauke. The true inten- of insurer at contracting is demonstrated by the disputed busin usage by which the tacit accept- hquake losses at the usual market rance premiums has always been and luded—the business usage which has pointed 1 to modern development of fire iasurance, and this law receives striking exemplification.” paragraphs make an equally luminous picture of de of the foreign reinsurance companies toward 1 Francsico. Some of them are as follows: WANTS TO PERPETUATE CLAUSE. ‘We have considered it necessary to acquaint you with the legal situation, not because we un- decline from the outset to follow you in caused by the catastrophe in San Fran- se it seemed to us essential to point out le seriousness of your responsibility in sses rding to the explanations made above, n on the legal side of the guestion does not 1 pon the fact whether or not earthquakes are ex- ssly included in the policy, it still seems desirable, in the insured also a clear understanding of the hat in the future in all policies in all fields where clause is lacking, a clause should be immediately inserted which shall exciude in the clearest and most iefinite manner hability for all losses arising, directly or ly, as a result of earthquake and other natural enomena which are outside the range of calculation, t the ceding companics should endeavor that such MENT OF LOSSES itice has been given by twenty large foreign reinsurance corporations to concerns doing ¢y must pay no San Francisco losses due “‘directly or A circular demand to this effect, formulated at a meeting at English and German concerns doing business in this city. 0 QUAKE TOEKPOSE S -Bir COMPINES Congressman Kahn Gives| Warning in House Spgh. Lists Will Be Printed in the Congressional Record. Whole World to Know of Defrauding of San Franciscans. In a speech l;—t;e House, i | Con- | Inquiry Al;r_uptly Ended 1 : CONTOGK N ThIL OF WHITE New York —fieformer In- vestigates Thaw’s Charges. Finds Certain Accusations| Against the Murder Victim True. by Madison Square Garden Tragedy. SPECIAL DISPATCH TO THE CALL. NEW YORK, June 25.—Following the indictment of Harry Thaw this aft- ernoon by the Grand Jury for the mur- | der of Stanford White and the collapse | an hour later of his wife in her apart- | ments in the Hotel Lorraine, one of the | most sensational developments of the| case was brought out in the report| that Anthony Comstock had been seek ing evidence against White, at the re qust of Thaw, for some time before the | murder. Comstock is declared to have| admitted that he had been consuited | by Thaw about the strange actions of | | White and his associates and is nilegedl to have said: | “Two weeks ago Thaw came to me| and told me startling stories of Stan- ford White and his friends. I tried to| engage an apartment in the Madison | Square garden tower, but failed. I tried | in many other ways to get evidence against White, but some one must have | ‘tipped him off, as he stayed away ETHYL HAGER, COTILLON BELLE, IS TO WED. Lansing Kellogg, Well-Known San Franciscan, Wins a Charming Young Woman. o PHOTO = 7 N The cleverest giri—the most original and independent girl in San Francisco society—has promised to wed. At the risk of stating the obvious, it is none other than Miss Ethyl Hager. cotillon belle, scoffer of teas. scintillant conversidtionalist, promising sculptor, savior of dull dinners—a maid who from his studio in the tower. “I then heard that White had en- | ¢onventions. gaged rooms in another building. And the man in the case; the ‘When 1 told this to Thaw he seemed | who measured his (much discouraged. If I had had more | with the daughter of Judge Hager and Ttime T could have accomplished more, | won out is the sciom of an old San dition be llrllseréed not only in their own polici:s,:grqsman Kahn a.nnonnccd yatel. e of all .other companies operating in the same| ¢ g i 7 g day that he would have published WESTCHESTER WILL - /ot the honcs ant dibon e snaps her fingers in the face of fool “of the honest and dishonest insur- prevebiy. I will visit Mr. Thaw in the Francisco family—Lansing Kellogs. | . ! ; g e . | Tombs. tomorrow.” |boon_compenion of Dr. Harry Tevis, AND SOSUKAR SODINPY @8 et | PAY FULI LOSSB ance companies, according to their| Comstock is reported to have said|R P, Schwerin and hosts of other i is ErGANE T0 MARE Laven R o - | %5 s | that Thaw had sought him out & num- | notable Californians, a popular club- KELLOGG. s ungs-Gesell- San Francisco adjustments. | ber of times and _made accusations | man 4nd an all.round fine fellow. Itself of “Earthquake Clause.” in Kopenhagen | Mann-| “The Westchester Fire Insurance Company of New| York will pay every cent of its million-dollar San Fran- cisco loss. Furthermore, it will pay dollar for dollar, even on those policies which are protected by the ‘earth- quake clause’ It has ordered its Fort Bragg losses paid without anemfptin to prove earthquake damage. It hag received proofs of loss from every one of its San Fran-/| cisco policy-holders.”—Statement by M. O. Brown, sec- rectary of the Westchester Fire Insurance Company. If the promise contained in this statement is lived up| to, the Westchester will be the first “earthquake” clause pany that has decided to pay in spite of the technical | antage given it by this clause. Secretary Brown and/| Western Agent E.'E. Potter believe that the “earthquake clause” will be defeated in the courts and that all the companies so protected will be forced to pay in the end.| The Westchester has decided to pay all losses, whether| coming under the “earthquake” policies or not, and has| notified its Pacific Coast representatives. . It carried | bout $250,000 in San: Francisco under policies containing! meeting that purpose of hen. Offficers Declare Company Will Not Availi * | ING, WASHINGTON, SPECIAL DISPATCH TO THE CALL. CALL BUREAU, POST BUILD-! Jurie 28— Representative Kahn made a speech in the House tonight in which he scathingly - arraigned the fire insur- ance companies for failing to make good. the losses incurred in the San| Francisco disaster. | Mr. Kahn first described the situa- tion in that city at the time of and since the fire, paying high tribute to! the work of Mayor Schmitz and Gen-| erals Funston and‘Greely and thank- ing Congress and the people of the country for their response to the cry! for aid. i Continuing, he said he had learned ' that sixty companies had signed an| agreement to pay only 75 per cent of | their losses and that only thirty-three | or thirty-four companies had agreed to pay their losses dollar for dollar. | Mr. Kahn pointed out with great earnestness- that this was a question that did not concern the people of jeappeared. as a witness against Stanford White. “Mr. Thaw several times gave us ad- | dresses and' names at different times,” Comstock is said to have continued, and we investigated his stories and found many of them to be true, but probably fear of exposure prevented any one from making an affidavit and | prosecuting the guilty person or per- sons.” MRS. THAW IS EXCUSED. Grand Jury Does Not Ask Her to Tes- « tify Against Her Husband. NEW YORK. June 28 —Harry K. Thaw was indicted today for murder in the first degree for the killing of Stan- ford White on the Madison-square roof garden. His wife, Evelyn Nesbit-Thaw, before the| Grand Jury, but was excused from giv- ing testimony by Assistant District Attorney Garvan and by the juro who did not Insist that she should an-| swer questions. Thaw will plead to the indictment in court tomorrow morning. No time will be set for the trial until District At- torney Jerome returns to the city next week. In the meantime witnesses have been summoned to appear in John Doe ons exclude Habiiity for the direct and in- of earthquzke will absolutely refuse against them; and that those com- es contain the conditions of the so- cy will only admit those losses for ation of the condition in ques- doubtedly liable. e that holds force in the relation of the to the insured is aiso valid in that of the rect insurer. We all concluded our re- he di s with the intention of loyally fulfilling so fir as these are the results of the of fire insurance, and consequently the es is concerned, to indemnification for insurer is legally liable. It was never onclusion of our reinsurance treaties so to participation in losses for e explanations made by us, there which large num- and the will re-} in San Francisco “'h"‘r are given In ex(racts‘ BEHIND EARTHQUAKE. | - rentary principle t liable to indem- y indirectly by nciple and not terpretation for compensation for irrespective of how it of the insurer if the| y express reference to a given | t as it is a question of cause| sic nature of the loss against 1 however, against which e at the normal rate of premium causes of loss and leaves bsoj ss cansed by earthquake ! estion is not at 21l one whether is excluded by the conditions of the er whether the undertaking of lia- y agreed to in the policy act does not include such an agree- ! nent cannot be legally demanded of the s caused directly or mdirectly by earth- TH N OF INTENT. s an appeal were, contrary to expecta- | to a judicial decision on the gquestion | e insurer, the first procedure would, | tless, i stigation into the intentions of the | when making the comtract. But who can doubt | E QUESTIO | have sent conciliatory letters to the this thorny three-line clause. While the Westchester did not sign the stipulation ex-| tending the time for the filing of proofs, as was requested | by Commissioner Wolf, it began the work of locating all of its policies before the ruins were cooled, according | to the statement of Secretary Brown, who came here from New York to take charge of the. affairs of the Westchester. A skeleton list of the insured was obtained and a force of cierks was put to work writing letters to them, urging the immediate filing of proofs. By this| means those who had lost their policies were enabled to trace them guickly and file their proofs of loss. As a result, the Westchester was able to announce yester-| day that every proof of loss had been filed within the | time specified and that not one policy-holder had for-! feited his rights. { INSURANCE MEN ARE PUBLICLY SCORED. | Call’s Tale of Methods Used in Santa Rosa | Benefits Losers by Fire. SPECIAL DISPATCH TO THE CALL. SANTA ROSA, June 28 —The recent publication in the | columps of The Call of the methods. of the Phoenix! Insurance Company of Hartford, Conn., seems to have| brought to the attention of Manager Tyson, as well as| the managers of other companies who ‘had sent letters | to patrons in Santa Rosa, the knowledge that the insured | here were not to be run over rough shod. Already| Tyson and his associates in other “companies o | trons of their respective companies here, admitting that thére might | have been 2 mistake made when the companies announced | by mail their intention to browbeat the losers by fire in the Sonoma town; that they would take the matter up at an early date with a view of investigating the claims and assuring the losers that the companies had no inten- tion of doing anything but what was perfectly honorable and fair in the matter at any time. Several of the companies which sent out the objection- ab'e letters—which may yet be placed in the hands of. the United States postal inspectors—have declared publicly that they mever sent out a letter denying that Santa Rosa bad fire losses on April 18. Such letters were sent out, however. In one of the epistles the attention of the in- | sured was called to the fact that section 543 of the Penal Code provides a penalty for mailing false claims against an insurance company to secure payment of losses. Almost: every one of the many companies having losses in this city has written the agents and insured that the claims {r;&: this city will be taken up early next month and wil given proper attention as as Several new adjusters arrived here from Oam day to confer the a: Py promises | damage in San Francisco was done! Bridge of Sighs and cntered the San Francisco alone, but all the peo-| proceedings at the District Attorney'y| ple of the United States. | office. : t “The people of this country,” he| The Grand Jury's considerations of| added, “are entitled tp know which the:asje lollo::dhl: ln:ue:t by a Cor- £ is- | oner's jury, which heard the testimony B e R e e the dis | of ‘several evewitnesses and rendered h K Eonaress ¢ D ‘em~|; formal verdict that White's death the session of Longress next Ueceml-| paq been caused by Thaw. The latter | ber T shall publish in the Congres-|calmly lstened to the testimony. and| sional Record a list of the companies | while the jury was out he chatted with | of*each class so as to give notice to| his counsel and a policeman sitting ! the insurers in all the States and Ter- erow oll“:;‘:‘a’:lsonh’“g‘_;:n Lt 'J'“lrlve h::!' ritories of the character of the con-|!2¢ conv % &%, ici ir " completed its verdict Thaw was re- cerns that solicit their patronage.” | (00T {i1ea to the Tombs without bail | Mr. Kahn dwelt with emphasis| = Mre Thaw, following her appearance upon the fact that 95 per. cent of the pefore the Grand Jury. crossed the city by the fire and that the earthquake | prison to see her husband. They talked | caused comparatively little loss. In!together for a long while. When Mrs. | an interview after the delivery of his Thaw attempted to leave she found| < s opit her way blocked by the largest crowd. | speech Mr. Kahn made the significant o0 police say. that has ever gathered remark that, .as the Congressional| 530, the structure. She was virtually Reocord was a governmental publica- ne1g a prisomer by - the inquisitive | Ition, copies of his speech, which he | throng for thirty minutes, when police | ! found that there was a surplusage of rails amounting to twelve feet. The only conclusion that can be arrived at is that the - territory Iyving between will elaborate for the purpose, can be ! reserves managed to clear a way for to the insurers of the coun- | her. i:m o Stanford White was buried today % with simple ceremonies at St James, | L. L, where he had a summer home. The SAN MATED MOVED TWELVE | =it woais aid e 75.iis Episcopal Church and the interment was in the churchgard. In the opinion FEET BY THE EARTHQUAKE >7iwe sireciss “vic pertormez e autopsy on White's body, the life of | i v ! the architect was shortened more than Car ‘ound | tWo years by the builets from Thaw" S“rp‘w Of Tn& h F | pistol. He was found “t’ be sufferih; Rnilw q)a_“»' Crew | from Bright's disease, from Incipient by =y R e | tuberculosis and fatty degeneration od Near San Bruno. | the liver. Thaw sent a message from the Tombs | o to Anthony Comstock, president of the | AN A e e o e Of the | gociety for the. Suppression of Vice. | arthumEs s the Tact that’Gan Mates | UDIE NS DNCIIeneliRE, 5 Hitter whick] {s twelve feet closer to San Franciseo ' Lgre an’ sgent of the soclers camed than before the disturbance. The dis- BoCC Thaw this atfernoon, but was not | e M B, X e T ey m v have completed the work of placing | ooomper oo S the track in order. The shake, it will yre Thaw's appearance before the be* remsinbéred. Grand Jury had been looked forward to | with considerable interest, as it was | ! thought that she might possibly throw | some additional light upon the tragedy. ‘When she requested to be excused from | testifying the jury took the view that | | for the purpose of an indictment her . evidence was mot necessary. i San Mateo and San Francisco .Immk‘% PESE R TRAGIC SCENE KEVIEWED. boif of Stanford White. i NEW YORK. June 28.—Harry Ken- dall Thew passed a rather restiess O i e i s e | good sp! arose, how- and, toilet, ate his ‘(Md:nmrulmlh(m-dn--un. the intention of the fire insurer at the conclusions of | committee his contracts, no matter whether the exclusion is ex. Wolf in'Sal Their- and of citizens to forego its visit to- 3 6 ‘The friendship of the pair has beep a matter 6f comment for some moons, beth ‘meving in the same interesting Burlingame set. But it was not until the return of Mr. Kellogg from a trip to the Orient that symptoms were man- ifested of a serio deep-seated or~ ganic affection. But the story is out now. and the stalwart capitalist has the tremulous promise tueked away in his little vest pocket; and despite the fact that the fire burned several hrjes in his patri- mony, he's the happiest chap in town. If Miss Hager can dance and sing nd improvise and “scuipt” and tur out repartee by the yard—repartes PRESIDENT INNEED OF LONG REST Begiiiusig~%e-- Shiw * 1l Effects of His Stren- uous Life. SPECIAL DISPATCH TO THE CALI. CALL BUREAU. POST BUILDING, WASHINGTON. June 23 —President Roosevelt has let it be understood that he desires a quiet summer at his Oyster Bay home. He has experienced the meost strenuous winter since he became President and is in need of rest and recreation. The President has the faculty of dis- posing. with great facility of an im- mense amount of work. but he is not made of whalebone or of steel springs. The tremendous amount of business he has had to 3o during the past winter and spring has worn on him greatly. Those who have come into contact with him during the past two or thres weeks have noted with something akin to appréhension that the President manifests a degree of mnervousmess which is new to hi His geniality s not been lessened by the straim- which he is undergoing. but he is & trifle more abrupt than is his wone Intimate friends have noted the change in _the President and have urged him f0 get & genuine rest this summer: To this idea President Roose- veit has agréed and he will endeavor that isn’t repertoire—so can Mr. Kel- logg do a few things too. His special predilection is botany, where he has achieved some distinc- tion. A traveled man, he has possessed himself of a splendid fund of knowl- edge of the world and fts people, and is therefore a .most Interesting com- panion. Thus upen the ground of com- panionship—the firmest passible ground for the superstructure of matrimony— has the match been made. | And therefore the Inundation of con- gratulations! The flancee is the third daughter of the late Judge and Mrs.' Hager. the former one of California’s foremost jurists. Her sisters are Mrs. Walter Dean and’ Miss Alice Hager, both of] whom have inherited most of their parents’ high attainments. Both have always been accounted clever. but neither has won the distinction for dash and originality accorded Miss Ethyl The date of the ‘wedding has not been decided upon, but there appears to be a tremendous aciivity among the young woman's castumers—whieh looks promising. DECLINES PRESIDENT'S INVITATION TO DINNER Montana Man Feels Called Upon to Refuse Because He Did Not Have a Dress Suit. WASH ON, Jane 28— President | to secure systematic rest while he re- R¢ an. unusual experience mains at Oyster Bay. today. An.invitation which he extend- Last summer, it will be recalled, the ed to a cdller to.take dinner with him tonight at the White House was de- clined. John Willis of Glasgow, Mont., was the man who rejected the invita- fon. He is an old-time friend of Pres- dent Roosevelt. They formerly ranched together on the Little Missour! River. ‘Willls, accompanied by Thomas Ev- erett of Mont., called on the President with Senator Carter to dis- cuss what they maintained are dila- tory tactics by of the recla- | mation service on the Milk River proj- ect. ‘They said the engineers had been on the work for four years and have not finished it, although it ought to | have been done in six months. ‘When the President extended the din- ner invitation Willis pleaded he could | not accept it because he did not have a dress sult. The President assured him that he need not worry, but Willis was obdurate. The President said he would glad to entertain him in a suit of Peace Conference between the repre- sentatives of Russia and Japan ocqu- pied a great deal of the President’s at- tention during the meonths of July and August. In fact the matters connected with the commission extended into September. The strain of that time is not generally appreciated. The story of his participation in ths affairs of the Peac# Conference has never been adequately presented to the publie, and it may be very many years before it is. It is sufficient now to state that he had searcely a week's relaxation from the strain during the whele of last sum- not surprising that he is beginning to feel the effects. —_— | RIGID SUNDAY OBSERVANCE i : i i t i President in a not think of going to the White House R ree e ] OTTAWA. Ontario. Jume 25.—The BERLIN, June 28.—A dispatch to the Figid Sunday observance bill now be- wu from Kiel today that Emperor Nicholas will attend with Emperor Willlam the entire maneuvers, tion clause respecting Jews, four days, of the German fight- and others who keep some near the end of July, in the their Sabbath was defea: of the Island of Ruegen In the on this point indicates ‘Baltic Sea. The dispatch sald the Rus- drastic features of the after the maneuvers, wil] retained and its passage withia & a long visit, b lively sessien this evening. The A . | fore Parliament was the subject of a -