The San Francisco Call. Newspaper, July 6, 1906, Page 2

THE SAN FRANCISCO CALL, FRIDAY, JULY 6, 1900 MOB CIVES [COURT SAYS SLAY- | ING OF = TILDEN BATCT(SJSESKQKS WAS MURDER. ladivostok Rioters Cap- ture a Battery of Continued From Page 1, Column 4. —» orders as well as the defendant who acted on them must be presumed to ave known the law, consequently acts done violation of law or of an- Artillery other’s rights are unlawful acts and " g i if the itself was intended it was done and therefore would be alt of the joint operation of act intent rom this transcript it is clear that lawful homicide was commited TRAIN G‘Q.‘(S_ON TROOPS Fight Is in Progress When the only question as to the defi- s Colonis on the crime depends on the ship Coloniz presence oOr absence of malice. If Jenart alice the crime would be I)‘pfq vs. if malice was present be either express or im- rime would be murder, and THE CALL L 1 intended murder of the leath t degree. The number of shots fired—accord- s to the tramscript in this case— e be considered by a jury, or by a . ¥ te, as evidence tending to tod ¥ - i o malice. Consequently it cannot & ver of fefu- this transcript contains . r just be tending to show malice; - fearing | and the repetition of the shots, as well was Up 10 as the fact that they were fired from e behind after the vehicle had passed, and ug 's officers the locations that they struck, is like- wise evidence tending to show an in- tent to kill. In my opinion, therefore, d that the evidence Is » justify the at the crime of murder of t degree was committed. QUESTION ONE OF GUILT. when from the question of is, whether this partic- magistrate | leaves but one question to de-| ARMY’S DISLOYALTY ALARMS CZAR. ‘Grand Duke Nicholas Is Appointed to . Check Spinit of Revolution. Group of Toil to Issue Manifesto to People ST. PETERSBURG, July 5.—Emperor | plauded by the Constitutional Demo- Nicholas has taken the almost unpre-|°Tats and the members of the Right. cedented step of publicly directing SAMARA’S GARRISON MUTINIES. Grand Duke Nicholas Nicholaleviteh, | i) commander of the forces in the military | TWO Regiments Present Serles of aistrict of St. Petersburg, to investi- Tallifen an) Ssifes Tensty gate ang take measures to Stop zhe\pnfT};e!PETml*s‘éUBt:}- .J“t“:l &—ID;E; A Bisurasrs” I ® | patc receive ere today fr | ders’ among the troops. ACCOM-|g,narg gtate that two regiments gar- | panying these instructions were orders |Telieying Prince Vasgelohikoff, coms |TiSoning that important provinclal | mander of thq Guard Corps, from duty, | capital have mutinied and presented a |and dismissing, in disgrace, General |Series of political and service demands. | Ozeroff, commander of the First Guard The officers promised to “satisfy the | | | Division, and General Gadon, com- Service demands if the mutineers mander of the Preobrajensky Regi-|Would return to duty, but the men re- ment, the first battallon of which was |Plied that they would be satisfled only | with the compliance with all of lhelr‘ demands. | The mutineers command the situa- | tion, but are not indulging in excesses. The situation is complicated by the | fact that in Samara the revolutionists {are pushing a movement to proclaim a | republic in case a general strike is de- |clared and may seize the present op- recently disgraced for expressing sym- pathy with Parliament and protesting against doing police duty. Gadon is said to be a descendant of an American named Gordon, the name having been Russianized by lapse of time. | _All attempts to purge the army of the spirit of disloyalty, now that it has |invaded the pampered regiments of the | | Guard, nowever, probably will prove |POrtunity to further their aims. b iy The ferment among the soldiers and No isolation of the troops will any :;‘"": at Odessa and Sebastopol con- nues. |longer suffice to prevent the spread of | | the contagion. While the majority of} SALOON , DOORS OPEN ONCE MORE Continued From Page 1, Column 7. Losses Settled to Date Indicate Payment of $100,000,000 Downtown ready to pop out and drag aleng the | ground. - | SMILING FACES EVERYWHERE. The rejoicing in evidence over the city yesterday beggars description. All| the casual observer need do was to| walk anywhere and note the smiling | faces of those who passed him by. Tae | smile that refused to be disturbed pre- | valled in the burned district as well as on Fillmore street and Van Ness ave- | nue, for wherever you went you were sure to find a place: | Although great excitement and vivid | scenes were due to prevail on Fillmote | street, there was no change from the ordinary routine. The saloon man| opened up his place of business and the | thirsty man went in and got his.. No- body was mobbed and there were no necks broken in the grand rush to get the first drink. The policemen simply | stood on the corners waiting for the| rough house that failed to materialize. The old-time rounder was himself once more when he sauntered casually into one of the places and called for Continued from Page 1, Column 1. The total loss of the company has not yet been learned, but the as- sistant sccretary, J. Magee, is now in San Francisco in connection with the adjustments. It is stated that the assessment will enable the company to meet 1ts obligations and leave it with a sur- plus fully equal to that before the conflagration—about $350,000. RHINE AND MOSELLE WAITS. Pays No Losses and Its Policy-Holders | Organize. the kind that suited his taste. He Rhine jand Moselle Fire Insurance looked around with wonderment and Company, Hamburg, Germany: | half with contentment as he gazed at Capital . - . $ 538,235 the busy man behind' the bar and the Surplus . 156608 anxious ones on the other side. He ....$2,243,256 heaved a sigh of relief when that old | E;I;f,(nafll(e'd""ge{,{ "fi\'mncuco, losses, familiar cry, “All set, gents,” was ut- | $3,870,000. tered in the same cheery tones. Then Reinsurance—Very heavy; mostly in German companies, Losses paid to date—None. | Excuse—Earthquake clause | policies. | The policy-holders of the Rhine and Moselle Fire Insurance Company of Hamburg, Germany, a corporation which, without denying its lability, has refused to pay any losses because he realized it was not a dream, after all. - in all EVERYBODY WALKS ERECT. Since San Francisco was trans- formed into a temperance town the capacity of the ordinary citizen seems to have been increased one hundred f6ld. -Anybody could tell that by tak- | MAY ERECT A TABLET TO MEMORY OF VICTIMS English Officials to Show Their Sorrow Who Perished in Re- nt Rail Disaster. En y The NS Sy MR. BRYAN INTRODUCED TO BRITISH POLITICIANS House of Commons and Is Guest at a Luncheon Visits the the Tre his way »ndhjem, his morrow Wit German Consul Mohr the British Parliament Sends Greetings. —A large number of of the British attached to be forwarded to ment, extending to tions of the oldest to arliament and express- hat some of the members attend the interna- conference 1o be held of July. IEPRNEAY o P e Gets the Contraet. Seattie Firm SHINGTON, Tre: July 5—The Secre- iry has awarded the nstruction 61 @agus- Angeles to Dougan & Seatfle at $918,530, the the | The Fyub Chas Beilus & Ca Exclusive Figh-Grade Clothiers No branch stores. “No agents. . | QUALITY REIGNS HERE.| EXCLUSIVENESS ALSO.| MOST SMART DRESSERS| DO ACCEPT AND INDORSE| OUR CLEVER PRODUCTIONS. THEY ARE CLASSED HIGHER AND .CONTAIN MORE STYLE THAN AVERAGE CLOTHES. WE HIT THE NAIL ON THE HEAD, The quality question certatnly belongs to thie exclusive &bop. We deliver evidence by fashion, Bt and make. Our standard prices are the cheapest “ip the lomg rum. | King Solomon’s Hall Filimore St., nr. Sutter San Franciscol mission of | & Co. nt is shown by the evidence s of the crime. ns concerned in the com- a crime, whether they di- commit the act constituting’ the or aid and abet in its com- or who have advised and en- raged its commission, are principals s committed. d those who partici- » unlawful act be guilty of lawful homicide, but the officers in any lerime orders would be equally en though such orders had anated from the st military authori for all authority must be subservient to and controlled State law, which is supreme pended by martial law, s not in this instance even the State law provides that commission of a crime— clearly advis in any crime so com- who orders, neipal at this transcript we find fendant i to aid those in whose company in doing what has been shown to be unlawful a By accepting the from those ho gave him his or- which he agreed to carry out, mised to assist those with him ts. ders, hé pr in executing the instructions given and agre i to by all in his company. If so, tever any one of them did in carry- such instructions was the act and he must be considered as nted to it and by his pres- with them, with a loaded gun, to have aided, abetted and encouraged. ACTS WERE UNLAWFUL. instructions agreed to by all were to halt passersby, or in other words of one of the witnesses, “To stop anybody coming along the street, or going into a house after dark, and see if they had a right to, and if golng in| e wrong direction from where they to turn them around and send home”—an unlawful act—and If halted refused -to stop, then to f first in tb air and then “to kill.” A part of these illegal orders defend- out and his presence and must be considerfd as an alding betting of his co-conspirators in and thelr illegal acts. e magistrate therefore was fully justified in holding all three defend- ants to answer for the crime of mur- der. “As to the question of baH, omicide was not malicious and in con- equence manslaughter, bail would be a matter of right. I caanot say, how- er, that the homicide was not mali- as the word is understood in aeriminal judicature. If malicious, it would still be a bailable offense un- learly murder of the first de- A defendant charged with an punishable with death cannot admitted to bail when the proof of gullt is evident or the presumption thereof great. 4 FIRES INTO THE AIR. “As to this particular defendant, can it be sald that the proof of his guilt of murder of the first degree is evi- dent or the presumption thereof great? 7 evidence shows that he fired but one shot, and that in the air. let did not produce death nor was it aimed at the deceased. My experience in criminal trials convinces me that in his case (no matter what punishment might be fixed by a jury for his co- defendant) no verdict with the death penalty fixed could ever _be secured. If it could, then the new city would have brought forth a class of jurors different frcm those that I have been dealing with for the past thirty odd yvears. Unless it is clear that such a verdict would result he iz entitled to bail. I must therefore fix bail in his case and I will fix the same at $20,000.” Just how far-reaching the opinion of Judge Cook that “the officers who gave orders” are equally gullty with the defendants will be 1s & matter of conjecture. It is hardly probable, how- ever, that the prosecution will seek to reach further than the men directly concerned in the killing, though the court holds that those who ‘“ordered” and “advised” were principals in the killing. In any event it will supply those that issued the “orders to kill™ with food for thought if not with cause for alarm. —_— CROWD OF YOUTHS OPENS FIRE UPON A STEAMBOAT offense Two Passengers Receive Wounds and the Outrage Causes a Paunle on Vessel. . NEW YORK, July 5.—Two passen- gers were painfully wounded and many persons were thrown into a panic yes- terday on the steamboat Mary Patton, just as she was leaving Highland Beach, by a fusillade of bullets fAred from the pler by a crowd of young men and boys celebrating the Fourth. A spectacular race for the Battery was made by the boat so that the bul- lets could be extracted from one of the two injured persons. Mrs, Fannie Rosenberg of Brooklyn, and her niece, the ten year old daugh- ter of A. Rosenberg, also of Brooklyn, | were rendered uneonscious by wounds, the former having been struck twice in the head. i e O TRAVELING SALESMAN KILLS HIMSELF ON OCEAN LINER Representative of Marshall Field & Co. Cuts His Throat While on His Way to Liverpool. NEW YORK, July 5.—F. ‘Woodruff, |a traveling salesman for Marshall Field of Chicago, who sailed from Liverpool for Néw York on the steam- ship Majestic, committed suicide on July 2 by cutting his throat/with a razor. The body was burfed at sea and the suicide was reported upon the ar- rival of the Majestic here today. In Woodruff's cabin was found a note which read: 3 1 “The strain of the past two months is too much for me.” although not present, who | joined with and| if the| His bul-| 1 |the troops probably are still faithful,| | the uiTdermining of the military sup-! ports of the Government is proceeding | very rapidly. The revolutionists are | rejoicing at the success of what they | regard as being the final phase of the | work of preparing for the coming revo- | lution. | | GROUP OF TOIL'S SCHEME. | | The members of the Group of Toil in | Parliament are secretly elaborating a Iplan to force matters to a head. As the first step they propose that the lower house adapt a resolution declar- ing the country is not bound to pay its{ obligations to the Government so long as the Emperor refuses to yield to the demands of Parliament. ¥f the Con-| stitutional Democrats decline to join them in the programme of repudiation | the Group of Toil proposes to Issue | a manifesto to the country. Their purpose plainly is to compel the Gov- ernment to attempt to dissolve Parlia- | | ment, and thus to force a rupture. | Premler Goremykin and all the mem- | bers of the Ministry except Stolypin | were present at today’s sitting of the | Council. The tone of their remarks | tended to confirm the surmise that the fall of the Ministry has been postponed | on account of the refusal of the Con- | stitutional Democrats to participate in | a coalition Cabinet. Premier Goromy- kin today reiterated in conversation | that he was anxious to retire. | The Council of the Empire today con- firmed the credentials of all its mem- bers, though there remains some ques- tion as to the valldity of the election of M. Oshakoff owing to his having been | convicted and exiled to Siberia forty years ago for participation in the plot | to assassinate Alexander IL. Oshakoff | subsequently was pardoned and | changed his views, being now consid- | ered almost a reactionary. | PLACATING THE WORKMEN. The methods of the Government to | counteract the revolutionary spirit | among the workmen is illustrated by 4 | proclamation issued today by the Pref- ect of Police of Moscow. While pro- | hibiting, under heavy penalty, open-air | meetings, the carrying of arms and the fomenting of strikes, it orders employ- | ers of manual artisans, such as bakers, carpenters and shoemakers, to intro- | duce the ten-hour day Instead of the | twelve-hour day, not to require Sun- | day labor and to provide food and lodg- | | ing for the employes. i Police activity against the “patriots” who are trying to incite anti-Jewish | risings is reported from various sec-| tions of the country. The local author- | itles evidemtly have taken a warning | from the change in sentiment in official | circles in St. Petersburg since publicity | was given to the Bialystok events. The | policemen of Biglystok who were| caught firing revolver shots which were | ascribed to Jewish revolutionists, pre- | cipitating a renewal of the massacre, have been dismissed from the service. STORMY SCENE IN DOUMA. Breach Widens Between Group of Toil and Democrats. ST. PETERSBURG, July 6.—There was a stormy scene at the opening of the lower house of Parliament today, | which further emphasized the split between the Constitutional Democrats |and their Radical allles and the Group | of Toil. Sidelnikoff, a Radical Cossack mem- | ber of the House, was beaten while in | the hands of the police last night, after having been arrested for exhort- |Ing a crowd of people to resist the po- lice, who were breaking up one of the mass meetings which are becoming more frequent. When Sidelnikoft was searched at police headquarters a re- volver was found. He was released later in the evening. When the House opened today Sidel- nikoff gave his version of the affair and proposed that the House interpel- late the Minister of the Interlor, ask- ing him what measures had been taken to punish the policemen who were guilty of assaulting a member of Par- liament and to prevent a recurrence of such incidents in the future. Alladin, the flery Danton of the House, then made a wild harangue in denunciation of the Government for permitting “such violations of the in- violability of the persons of the mem- bers. He declared that he expressed the views of the Group of Toil when he announced that if such an incident recurred no Minister would be permit- ted to speak in the House and he could not even answer for thelr personal safety. The statements of Alladin became so violent that President Mouromtseff re- peatedly called him to order and the feaker finally was forced, amid a wild umult, to leave the tribune. Interior Minister Stolypin, who hap- pened to be present in connection with the Bialystok affair, boldly ascended the tribune and explained, amid con- stant interruption from the Left, that the Chief of Police had telephoned him last night regarding the iIncident, but his account differed so widely from that given by Sidelnikoff that he must have further time for investigation. The Minister, however, gave the House his - personal assurances that ample measures would be taken to assure the inviolability of members, and if the police were guilty in this case they would be punished. The statement of Stolypin was greeted with cries from the Left of “Resign and take the Chief of "Police with you!” which finally compelled the - Minister to cease speaking. In spite of this, Stolypin's frank manner for the first time provoked a counter- demonstration in favor of the Govern- ment. After saying quietly, when the tumult ceased, that it was useless to proceed while the passions of the members were so high, the Minister left the tribune. i President Mouromtseff then adminis- tered a severe rebuke to the members of the Left for having lowered the dig- nity of the House by such a demonstra- tion. His reproof was ‘ap- | completed. ! pire, BIALYSTOK'’S MAYOR OUSTED. Disciplined for Refusal to Heed a Re- quest of the Populace. BIALYSTOK, Russia, July 5.—Gen- eral Bogalevski, the temporary Gov- ernor General of Bialystok, which is| still under martial law, has dismissed the Mayor because he refused to ac- cept a petition from the inhabitants asking for the convocation of an ex- traordinary sesion of the Town Coun- cil to deny the accuracy of the report of General Bader, the former Governgr General, on the recent massacre of Jews here. Twelve policemen have been indicted for participation in the rioting. General Strike In Tiflis. TIFLIS, Caucasus, July 5.—A general strike has been declared by the prole- tariat organization of this city in sym- | pathy with the demand for the pardon | of twenty-seven soldiers who have been | sentenced to be shot because they re-| fused to fire upon the populace during the disturbances here last March. The troops are greatly excited and if the| condemned men be executed a revolt of | the garrison is feared. . “Open Door” for Abyssinia. PARIS, July 5.—The officials here consider that the Anglo-French-Italian negotiations relative to Abyssinla are The main features are a guaranty of.the iIntegrity of the ém- the open door and commercial | equality for all countries, and the French to continue the construction of a railway to the capital of Abyssinia. Girl Assassin Goes to Siberia. MOSCOW, July 5.—Maria Spirido- novo, who killed Chief of Police Luz- | henoffsky at Tambiv, was today sent | to Siberia with_other prisoners, .Spec- tators at the rallway station bade her keep a stout heart, to which she re- plied: “We shall soon be back.” Jew-Bailters Arrested. NIZHNI-NOVGOROD, July b5.—Two tailors were arrested today iIn the | neighboring town of Tolchok for hav- ing circulated a proclamation of an| anti-Jewish programme. A stock of similar literature was seized. GROVER CLEVELAND ILL . AT HIS PRINCETON HOME Private Telegr:;; Announcing Former President’s Sickness Does Not State Nature of Malady. CHICAGO, July 5.—A telegram was received here tonight stating that for- mer President Grover Cleveland was sick at his home in Princeton and would be unable to come west tomorrow as he intended. Mr. Cleveland and James Eckels, former Comptroller of the Cur- rency, had planned a fishing trip in ‘Wisconsin, but Mr. Eckels was notified tonight that Mr. Cleveland would not be able to keep the engagement on account of {llness. The telegram did not state the nature of Mr. Cleveland's illness. PRINCETON, N. J,, Jul¥ 6.—Former President Cleveland {s {ll at his home here. A telephone message from the Cleveland home tonight gave the in- formation that he was resting easy. Mr. Cleveland became {1l at his summer home in New England and decided to come to Princeton, and arrived here last nhight. It was learned late tonight that Mr. Cleveland is suffering from an attack of asthma, to which he is subject. His condition 1s not serious. WARRANTS OUT FOR HARTJE PLOTTERS. Continued from Page 1, Column 3. I was ready to go home to bed. When ‘I left there was a light in Mr. Hartje's bedroom. 1 do not know when the woman left the hous Madine's statement concerning this mysterious woman who hasappeared in this case before only through the state- ment in Mrs. Hartje's bill of particu- lars filed in her application for divorce from Hartje created a mild sensation. It is expected the libelant will bring out matters in several letters intro- duced which will seek to mdke Madine out a perjurer. The blg sensatiom of the case is promised when the defense attempts to show who the alleged forger is in this matter of the letters. —————— UBERO COMPANY PROMOTER IS SENT TO PENITENTIARY | Court Orders Him Inh for, Toretre to U TR Larceny and Conspiracy. BOSTON, July G6—Ferdinand E. Borges, formerly of Indlana, and one of the promoters of the Ubero Planta- tion Company, was today sentenced to serve from twelve to fifteen years in State Prison for larceny and conspira- ¢y by Judge White in the Superior Criminal Court. Borges was convicted on seventy-three counts of larceny and one of conspiracy in connection with| the affalrs of the Ubero Company. He was indicted with former Congress- man Willlam D. Owen of Jindlana, who has not yet been arrested. PREE R ST Cyclone Sweeps Over Cannes. CANNES, . July’ 5.—A cyclone swept | over this “section t and railway traffic had to be stopped owing to the tracks being obstructed with uprooted trees. Houses were unroofed and many fishing smacks were dashed to ‘pleces on the rocks, A brig was driv- ashore, but the crew was saved. b ing a survey of Fillmore street. There were no jags visible to the naked eye. Every one was capable of walking the proverbial chalkline. The populace seemed able to talk on any subject, from the restoration of the boxing glame to the complex insurance situa- tion. The most serious obstacle that con- fronted the saloon men was the scar- city of glasses. For some reason or other most of them overlooked the important fact that their customers needed glasses served with their drinks. Many a howl went up when some unsuspecting bartender uncon- sciously shoved the bottle over to the thirsty man in front of the mahogany. The taste of the average San Fran- ciscan is still cultivated and as a gen- eral rule he refused to stand for this slight. ‘When the thirsty man called for a drink he did not know what kind of a glass, if any, the bartenders would hand out. Sometimes they served cocktails in the steam beer buckets; whisky was occasionally passed out in steins and in some of the' less classy taverns common china cups seemed good enough for all who ven- tured in. DRINKING PLACES SCARCE. Strange to say, not half of the thirst-quenching palaces that threat- ened to decorate Fillmore street were ready yesterday. Carpenters ham- mered away as they never hammered before and painters and plumbers made overtime money while the pro- prietor wept and wrung his hands as he saw the crowds pass on and file solemnly into the next place, the one that was open and ready to receive visitors. Down in the south of Market street districts the big steams are just as popular as before the fire. Nearly every one was calling for them yes- terday and the supply held out fairly well. These steams are not as large as they used to be in days gone by and this fact aroused some unfavor- able comment. The wily man behind the bar, however, was generally able to square all such cases by announc- ing that the old-timers will be the rule when the glass works are able to produce the tall brand again. The knights of the lowly wine cellar found a refuge in various places along | the Barbary, Coast just as In former days. They all seemed to have the price, though nobody, not even the po- liceman on the beat, could figure out whence it came. But so long as the five cents wat forthcoming nobody kicked, and things ran along as smoothly as ever. Pl b L AR ST Summer Colds Laxative Bromo Quinine, world wide Cold Cure, removes cause. Call for_ full name; look for sig. of E.W.Grove. 25c.* —_—— Lighthouse Tender Laurel Missing. WASHINGTON, July 5.—The Light- house Board has received a. report from Lieutenant Commander John Hodge, lighthouse Inspector at Key West, Fla., stating that the lighthouse tender, Laurel, due at Guantanamo on June 27, has not arrived there and search is now being made for the ves- sel. The Navy Department has been advised the Oceola has left on the search. The Laurel was fully, pro- visioned. She carried a crew of five officers and fourteen men. g e T Oy Radke & Co., 1813 Devisadero street, near Bush, are gelling real souvenirs of the great fire for wedding gifts and presents, Dia- monds, silver and gold ware. - phiuibanctall sttty Seven Mussulmans Are Murdered. KARS, Trans-Caucasia, July 5.—The decapitated bodies of seven Mussul- mans, who were summoned to appear as witnesses at the investigation into the interracial troubles, were found this evening outside the fortress. Itls feared this will provoke reprisals against the Armenians. of clause in its policies, met yesterday af- ternoon and formed a temporary ‘or- ganlzation. They appointed a com- mittee to call upon the rgpresentatives of the Rhine and Mosellé in this eity and obtain from them an authoritative | statement of the positiom of the insur- ance company regarding its lesses. They named William J. Herrin as their chairman. They will meet in a few days to receive the report of the com- | mittee. The tone of this report will | determine their future actions. | The policy-holders_at this meeting | each declared the agénts of the Rhine and Moselle had never made a point- | blank dental of the company’s lability | for their losses, but had merely sald, “We stand on theé protective earth- | quake clause.” In the meantime the | compapy is writing no more business | in this State and its representatives are | saying that it intends withdrawing | from California as soon as it deter- | mines its course regarding its losses. | The Rhine and Moselle does not know what it will do. Two special representatives have been sent | from the home office to look over the |San Francisco situation. These two men will determine the amount of | earthquake damage and submit a re- | port. Upen this report will probably | depend the final stand of the company. The present representatives expect th |arrivals of the German experts withi a few weeks. They urge the assure | to await this report before taking ac- || | tion in the courts. Yesterday's organization of the policy-holders was not a permanent |one. It will probably take the form |of the Traders’ Policy Holders’ Com- | pany, a corporation with powers to col- | lect policies and sue for collection. | The assured, however, have decided to | await the arrival of the German repre- sentatives before final organization is accompiished. Attorney Herrin has secured a prom- inent fir of Hamburg attorneys to | represent the policy-holders in the German courts. ATLANTA BIRMINGHAWS MOVE. jures With Prudeatial, Which Has Same Officers. The Atlanta Birmingham Fire In- | surance Company, in which several | hundred policy-holders in this city are | inancially interested, has made a deal | by which its epitire outstanding lia- bility, except that involved in San Francisco losses, has been reinsured by | the Prudential Fire Insurance Com- pany of Virginia. In addition to this move, the home offices of the Atlanta Birmingham Com- pany have been transferred jto Taze well, Va., from Georgia. The presi {edent of the Atlanta Birmingham Com- pany, J. T. Dargan, and the secretary, Robert N. Hughes, have been elected to the same offices in the Prudential Com- pany. This move has caused no littla won- der among the policy-holders of the Atlanta Birmingham Company in San {Franeisco. A vague announcement has been made that the Prudential will be managed in Virginia and also in West Virginia by practically the same office and fleld force as that controlling the Atlanta Birmingham, although the two organizations will be entirely distinet. The Atlanta Birmingham will con- tinue in business without interruption, it is also said, but in a restricted wa. until the business in San Francisco is all cleared up. The Prudential will en- ter all the States in which the At- | lanta Birmingham Company has been | operating. . The Prudential Company, which has reinsured the risks of the Atlanta Bir- mingham, is a small concern. It has been in existence but four years. Last year its total premium income, as re- ported to the Georgia Commissioner of Insurance, was but $140,000 in the States of Virginia and West Virginia. where it ca®ried on its principal busi- ness. The capital stock of the Pruden- tial, which has been but recently in- Rel the existence of the earthquake out | Average in 166 Adj:lstmenls Gives the Basis From Which Underwriters Figure the Total. | creased, amounted to but $100,000 b fore the charter was changed. a f | weeks ago, to enable it to meet new conditions following the reinsurance of | the Atianta Birmingham. The surplus at the time of the re- insurance was but $200,000. The plans of the Prudential Include the increase | of the capital stock to $350,000 and an increase in surplus to the same amount, making $700,000 in afl available with which to meet obligations. The pres- ent cash resources, mot including §135.- 000 subsertbed for in new capital stock. | are reported to amount to $330,000. The Atlanta Birmingham stockholders will be given a chance to take the stock of the Prudential in proportion to thelr holdings if they want it. ANXIOUS TO BE SUED. | German Companies Want R;Inn-r‘— Question Settled by Courts. Attorney Willlam J. Herrin declared in an address to a gathering of poliey- holders yesterday afternoon that the German insurance companies desired to be sued by the poliey-holders. They do not know ~at the present time whether they will be able to collect one cent of their vast amount of re- insurance. Most of this reinsurance Is placed with German and Austrian re- insurance companies and many of these have refused to pay fire losses because of the primary earthquake claus The German insurance ¢ompanies, says At- torney Herrin, desire to be sued im the courts of America because they be- |lieve that in case of judgment against them they can present the opinion of the court as evidence to the German and Austrian Government Insurance | officidls, who will, they believe, decide that the reinsurance companies in turn must pay over the amount due to the line companies. | ~ This statement presents an entirely new feature to the insurance situatiom in this city and may explain the ap- parently stubborn “non-liability” stand of certain of these German companies. It may also aid the policy-holder in securing his money. It will save the insurance corporations—if the ecourts hold that the assured are entitled to fecover—from possible failure and withdrawal from the California fleld. “1 have talked with the agents of several of these German ‘earthquake clause’ companies,” sald Attorney Her- rin to a group of policy-holders yester- day afternoon. “These agents have not dared say so in so many words, but | they have given me to understand that |some of the German companies will | gladly welcome a suit which has the Ivalidlty of the thquake clause’ as | the cantention point. They inform me | that with a decision against each of jthem they can get their reinsurance | money. Then, they say, they will glad- |1y pay their losses here, dollar for dol- ar.” READY FOR INCORPORATIONS. Directors of No: File Articles In Sacramento. The directors of the North German Fire Insurance Company Policy-holders | Company met yesterday morning at the gomce of William J. Herrin and adopted {articles of Incorporation. A copy of | these ‘articles, together with an appli- | cation for a charter for the organized | policy-holders’ corporation, was sent to Sacramento last night. On the arrival | of the charter in this city the directors | will arrange for the assignment of the | policies of the assured to the corpora- tion. The work of collecting these poli~ cies will be begun at once. The directors of the North German policy-holders’ corporation plan to bring sult in the ' California State | courts against the Hamburg company. | They will merely show that there was | a loss under the policies and allege that | the North German is liable. The North | {German will of course deny its llability | because of the ofistence of the earth~ quake clause in Its policies. The case will probably be transferred imme- diately to the Federal courts, for the insuranceé companies have an aversion to pleading before the State courts. The legal fight will be on the interpre- tation of the earthquake clause. It Is possible, however, that the or- | ganized policy-holders may be able to make a settlement without dragging the case through the courts. The North | German Is solvent and can afford to pay its losses. Because of the unanimity of opinion among the attorneys that the earthquake clause in the polictes will not hold good in the courts it may be persuaded to settle. Thus far it has not paid a single loss. Under the articles of incorporation the policy-holders’ corporation is given wide powers. ¥ has the power to pur- chase policies or acquire them in any other legal way. It can sue for the collection of these policies. It can take any legal steps necessary for the enm- forcement of {ts powers. The directors of the North German Fire Insurance Policy-holders Compuny are William J. Herrin, Martin A. Maher, Louis Bartlett, Edmund Tauszky, C. H. Garoutte, John Rehe and Howard D. Smith. The capi- tal stock is $25,000. Each director has one share. The assured of the Willlamsburgh City will meet at 911 Laguna street next Saturday afternoon. The Traders’ Policy-holders Com- pany has established permanent head- quarters at 837 Eddy street. SCNBC:-N| to NBC - NBO - NEBC <N -/ dJemaliirenall:iem Specially - Registered You Consider how the United States Government protects a letter registered to you, guaranteeing ksdefivu‘ysafeudingoodudfl. The NATIONAL BISCUIT mark iniwred and white. even greater protecting foresight in delivering its they -are enclosed in a dust tight, moisture proof package, on each end of which is affixed this trade BC-NECT COMPANY exercises ZU Z1 CINCER SNAPS—Crisp, delicious, golden-browa CHEESE SANDWICHES —Thin crackers enclosing a layer of myam—cw-mfim