The Berkeley Gazette from Berkeley, California • 3

BERKELEY DAILY GAZETTE, TUESDAY EVENING, JANUARY, 19, 1909 THREE PACIFIC MAIL WANTS SHIP SUBSIDY Direet Leased Wire to the SAN FRANCISCO, January 19. That the representations of officials of the Pacific Mail Steamship company regarding their inability to retain Oriental trade if compelled to publish rates is "pure buncombe," is the opinion of Interstate Commerce Commissioner Franklin P. Lane today "The talk that is being made by a gentleman connected with the Pacific Mail company," said Lane, "that they have lost their Oriental trade by reason of the decision of the interstate commission in the Cosmopolitan case, is all a pretense. You may put me as saying that it is a pretense. "I don't see why it is that the people of the Pacific coast can't get this matter straight in their minds.

'Must Name Share. "The commission decided in the cosmopolitan case--and I wrote that decision myself--that the railroads and steamship lines could not make a rate from an inland point to a foreign country as a single through rate, but that the railroads must publish their share as a proportional rate. "As, for instance, on business 1 between Chicago and Hongkong, they must publish the proportional rate between Chicago and San Francisco. That is the only part over which we have jurisdiction. If we allowed them simply to publish the throughrate to the Orient, they could beat us out on rebate cases.

"Now I have seen quoted both Hill and Harriman as saying that they had not lost a ton of trade by that decision. And yet there seems to be a desire to misstate the situation. Why don't they do as the Canadian Pacific has done, that is, publish a proportional rate from inland points to- Vancouver. It does not have to be the same as the local rate. I know that they tried to get the Canadian Pacific not to do that, but to stand in with them when they decalred that they would give up their Oriental shipments on account of the decision, but the Canadian Pacific refused to do it.

"It's all pure buncombe. What they are after is a subsidy." BEAUTY DEMONSTRATION. Friday afternoon, January 22, a demonstration of Dr. Christian's preparations will be made at D'Orlan Hair Store. 2253 Telegraph ave.

Dr. Christian of Paris recently lectured at the Ebell Club in Oakland. 1-19-2t NEW YEAR. NEW IDEAS. NEW BUSINESS.

NEW PRINTING. It is the business of the Gazette jot department to supply the last itemand do it right. AMUSEMENTS Cup 12th LAND and Clay Sunset Phon Hame A333. AN ENTIRE NEW SHOW Wilfred Clarke and De Biere; Murray Sisters; Five Salvaggis; Rooney Sisters; Hibbert and Warren; Rogers and Deely; New Orpheum Motion Pictures: Last week of Gus Edwards' School Boys and Girls. Prices- Evenings 10c.

25c. 50c, 75c: Box Seats Matinees (except days and holidavs) 10c. 25c, 50c. GEE WOO LAUNDRY. First crass work: place: bes work: lowest prices Work called fo and delivered.

Look for our --2036 Rorkolev WAT near WAgOD CHA 5 REAL ESTATE CO. Snap- Lot 41x130-Street work done, on Josephine, near Cedar For a few days only. CHICK-SITTIG co. 2025 Shattuck ave HERMAN MULLER. Maker VIOLIN Repairer and Superior Instruments, Old and New Studio -1709 Milvia near Virginia, Berkeley, California.

Formerle No. 9 Latham Place 8. 1 F. Purity Baking Co (Formerly Allston Way Home Bakery) 2029 CHANNING WAY PHONE BERK. 4001 OTHER STORE 2113 ALLSTON WAY 00000000400000 Discount Until Jan.

3 1st 8 on 1 stock of Cut-Glass, Jewelry, Silverware, ets. Moving to larger quarters, 2119 Center St. A. A. HANDLE CO.

ANNIVERSARY OF BIRTHDAY OF GEN. LEE Today is the anniversary of' the of Gencral Robert E. Lee and the memery of the great Southern leader 1, being honored throughout Dixie, as well as by impressive memorial exercises in Washington, New York and other cities. This year's anniversary is rendered especially notable by the publication of a new blography and appreciation of Lee, entitled "Robert E. Lee, the Southerner," from the pen of Thomas Nelson Page.

Lee, an Page is not slow to point out, was a man of his state, a state which, for reasons too many and too various to be rehearsed, setes a plain mark upon her sons, a mark as clearly distinguishable as the mark of Massachusetts upon the Adamses. The son of Light Horse Harry, the kinsman of Richara Henry and Francis Lightfoot Lee, reared in a region fragrant with memories of the great American who gave his life to his country and lives forever in the hearts of his countrymen, very early made Washington his ideal, beginning at home with a fine devotion to his widowed mother, "her out-door agent and confidential messenger." Honored at West Point. At West Point he won the adjutancy of the cadet corps, and he was graduated without a demerit. His likeness to Washington was perceived even at the academy, but both there and in later life he endeared himself to his fellows by a gift of happy speech and felicitous expression, denied, except at rare moments, to the great chieftain. He married a women whose sense of honor was as delicate as his own, and the realization of his ideal was absolutely unhindered.

He defended Virginia against servile insurrection, he protected St. Louis in spite of her froward opposition against the Missis sippi, and his work yet stands as ness to what West Point taught him; his achievements in the Mexican war, according to his comrades and his, commander, made him "the greatest living soldier in America," the "greatest soldier now living in the world," said Scott, forgetting both himself and Wellington. Essentially a Virginian. Constantly and consistently he was a Virginian to his innermost fibre, and Virginian he remained when the proach of the Civil War brought him the president's offer of the chief command of the army. Duty, as he saw It, commanded him to follow his state, and duty, he had long before written to his son, was "the sublimest word in the language." Se he resigned commission, hoping that peace might come, but determined not to fight against Virginia.

Those earlier pas sages are those by which his whole life should be judged, for in them he guided circumstances; later, he was driven by them as much as such a man can be driven. His character exhibited itself in deeds of clemency; in refusal to, employ his position for the benefit of any member of his his family, in Roman sternness towards his sons his who responded in a spirit: as fine as his own. In the chapter recording these matters, Page includes a comparison of the Pennsylvania raid, and Sherman's march to the sea, and hardly does justice to Sherman, whose approval of the cruelty practiced on that march is well known to have been based on the theory, "I must be cruel only to be kind." ATHLETIC CLUBS ENJOY BANQUET A banquet was given last night by the Mercury Athletic club to the National Athletic club. The affair startlet at 8 o'clock and lasted until after 10:30. The meeting started with a luncheon, which lasted for about an hour.

After that the balance of the evening was spent with music and songs, speeches and short talks from various members of the club. The occasion was closed with a talk from J. G. Jungek. The following is a est of the members of the two clubs.

National Athletic club--E. Annand, Meadows, W. Methelt, BringR. ham, T. G.

Carlton, H. Lezaar, L. Barney, N. Slater calf, Twede, H. Bachelder, H.

Bertolacci. Mercury Athletic club--A. Hahn, F. Smith, G. McDonald, G.

Mooc, G. Loyd, C. Grant, J. Holliday, J. Hoffmann, A.

Richardson, W. Lingard, W. Vierra, W. Hanshaw, C. Nodden, A.

Rubart, E. Fowler, R. Loyd. CALHOUN CASE PROGRESSES. Direct Leased Wire to the SAN FRANCISCO, January 19-One hundred and fift, yveniremen appeared today in Judge Lawlor's courtroom to be examined for jury service in the trial of Patrick Calhoun, president of the United Railroads, charged with offering a bribe.

LEAGUE OF JUSTICE HAS BRANCH HERE (Continued from Page 1) with him today. He told me he was 50 years of age and had he said, but five years more to earn a competency for his declining years, He has not only his wife for whom to provide, but his sisters. In time, devotion, energy, he has given as much as Spreckels." "San Francisco has heretofore lacked the community point of view," con(tinued Boke. "I think the right perspective has been attained in the last few weeks and now the task is to keep alive the spark of public conscience." 300 Members Here. Professor Boke stated that fifteen or twenty thousand buttons of the league of justice are now being worn and that there were about 300 active members of the league here.

This city he acclaimed as the logical center 01 education along the lines of civic virtue. Plans for the propogation of the issues of the league of justice were discussed. It was suggested that an endles, chain scheme be inaugurated wherein each member pledges himself to secure one new member, he in turn to obtain a new member, and so on ad infinitum. Another speaker suggested that merchants be asked to proclaim their sympathy with one side or the other and that members of the league patronize only those that espouse the side of the prosecution. Students Evince Interest.

AT number of university students were present and proclaimed their sympathy with the work of the league. Criminal Procedure Reform. Professor Lester H. Jacobe spoke of what is being done toward reform in criminal procedure. He.

read a paper which was prepared by B. Hodghead for the Commonwealth club of San Francisco, wherein suggestions which are to be presented to the state! legislature' set forth reforms in the state laws which, if acted upon would prohibit criminal trials from becoming time wasting farces. A- number of reforms suggested were: Prompt trial, prompt sentence after conviction, prompt hearing in appellate court in case of an appeal being granted. The bar association suggests also that a law be made whereby in criminal cases, the accused may be called to the stand. He may answer or not, as he chooses, according to the provision of the proposed amendment, but the prosecuting attorney may have lib.

erty to comment upon accused person's refusal to answer. A number of minor amendments were suggested, all tending to render effective and celerious the average criminal trial. ALBERT BROWN PASSES AWAY Albert Brown, a pioneer undertaker of Oak and, maintaining a branch bustness in this city since 1895, died at his home at 1387 Alice street at 3 o'clock this morning. The deceased was born in New Jersey in 1843. He arrived in Oakland, twenty-two years ago, where for many years, he was associated in business with the late William T.

Hamilton. He to survived by a wife and four children -Albert and Frederick L. Brown, and Mrs. C. K.

Tower, of Stockton, and Dr. Earle A. Stone. Albert Brown was widely known in Berkeley and Oakland as a prominent lodge man, being a member of many Masonic orders, besides belonging to the Oakland lodges of the Elks, Knights of Pythias, Odd Fellows, Woodmen and the A. O.

U. W. TEN YEARS FOR RACE-TRACK VICTIM, (Continued from Page 1) Buef remaining on his feet admitted his guilt to the court. He was ready tot tell again the story of small peeulations played on the races at Emery. ville and at Seattle and spent in road houses.

He was ready to tell how when he lost he endeavored to cover up his thefts by taking greater sums. All this he had told before to Captain of Detectives Petersen and Detective Hodgkins and the prosecution spared him that shame. OVERMAN RE-ELECTED, Direct Leased Wire to the RALEIGH, N. January S. Overman of Salisbury, North Carolina, was re-elected United States, senator by the North Carolina legislature today.

There is. no case on record, of a couch. cold or la grinne develoning and Tar has been taken. as it cures into pneumonia after Foley's. Honey, the most obstinate deep seated coughs and colds.

Why take anything else.Sobel Drugs of Quality. SENSATIONAL DIVORCE IN EDINBURGH (Special to The Gazette.) EDINBURGH, January soclety of Edinburgh and London is confidently expecting to be scandalized by the revelations in the divorce suit of Stirling versus Stirling, which was called for hearing today. Mrs. Stir ling, who was a belle of Washington, D. before she married Captain Stirfling, has named Mrs.

Atherton, the famous English beamy, as co-respondent in the action against her husband, Captain Stirling has brought a counter suit against his wife, in which Lord Northland is named as co respondent. The proceedings today were of a preliminary character, but some highlyspiced sensations are expected before the hearing is finished. No Comp. umise. There is apparently no chance of I settlement out of court, because Mrs.

Stirling declares that she intends to ventilate her woes thoroughly and, if possible, shed full light upon the beautiful Mrs. Atherton's vivacious career prior to meeting Captain Stirling. Mrs. Stirling is backed up by her mother, the very determined Washing. tonian, who did not hesitate to visit Mrs.

Atherton, the famous English, beauty, at her London residence and tell her what she thought of her. It is the gossip of Edinburgh that Captain Stirling, formerly of the Scots Guards, has told his friends that in the event be is divorced he will mary Mrs. Atherton. Whether Lord Northland, who is also a guardsman, and who is the son and heir of the Earl of Ranfurly, and who is named as correspondent by Captain Stirling in his counter suit, will marry Mrs. Stirling after she gets a divorce remains to be seen.

Possible Outcome. It is not improbable that the Scotch court may condemn Mrs. Atherton to pay Mrs. Stirling heavy damages if the court's decision upholds Mrs. Stirling, as both Scottish and English courts often condemn correspondents to paying heavy damages for breaking up homes.

A London court several years ago condemned a correspondent to pay an injured husband. $125,000. There is a popular impression in Edinburgh and London that Mrs. Atherton is a poor woman. To the contrary, Mrs.

Atherton has an income $40,000 a year, derived from her mother's and stepmother's estates. Society is very hopeful of seeing Mrs. Atherton called as a witness to the stand. CROWNING OF THE SOLEDAD VIRGIN (Special to The Gazette.) OAXACA, Mexico, January Virgin de la Soledad, Oaxaca's dollar patron saint, was crowned here in the presence of what was probably the most notable assemblage of dignitaries of the Roman Catholic church ever assembled in Mexico. Pope Pius was represented by Monsignor Jose Ridolfi, opostolic delegate to Mexico, who performed the act of coronation, assisted by Archbishop Gillow of Oaxaca.

Several bishops and archbishops, hundreds of priests and thousands of the faithful witnessed the ceremony, which took place at the Soledad church, the shrine of the virgin, which was commenced in 1683 and cost nearly a half-million dollars. The robe of the virgin is covered with pearls, diamonds and other precious gems contributed by devotees during the last two and a quarter centuries and has a value of nearly a million dollars. The image of the Virgin of Soledad is alleged to have been of miraculous origin, and was discovered by a native mule driver about the middle of the sixteenth century. The shrine is annually visited by thousands of the faithful and many miraculous are reported to have resulted through the intercession of the patron saint. I The image is.

beyond all doubt the most valuable, in its material accessories, in America, and one of the richest in the world. CARPENTER REPORTS THEFT OF Another case of the theft of carpenters' tools in the Claremont district was reported to the Berkeley police, yesterday. D. F. Webb, who lives at 1523 Milvia street, has brought to the notice of the police the lose of $30 worth of tools on the 16th and 18th of this month, taken some time petween 8 a.

m. and 1 p. m. Webb stated that the house must have been entered with a key, as there are no signs of the thief having broken into the building. This case is a sequel to a series of similar thefts which have been committed in that neighborhood in the last few months and the police are using every effort to! discover the identity of the culprit.

SIGNOR WILL FIGHT FOR HIS LIBERTY (Special to The Gazette.) OAKLAND, January technical fight to secure liberay for F. B. Signor, accused of forging the name of Millionaire James A. Murray to checks and drafts totalling $860,000, was commenced today before Judge Brown. L.

S. Church, attorney for Signor, filled a demurrer to the indictments as returned by the grand jury against Signor and at the same time he presented a motion that the indictments be set aside. The demurrer all.ges that the offenses charged against Signor were not committed in this county and that the local courts have no jurisdiction. The motion to set aside the eight indictments are based upon three grounds. First, it is charged that.

the grand jury was not properly elled, but not much faith is put in this for the legal standing of the grand jury was competently passed upon during the consideration of the fight against the indictment returned against Isabella J. Martin. Other Charges. A second charge against the legality of the indictments is based on the allegation that the grand jury heard the evidence while parties were in the jury room who should not have been there. The third charge is prejudice on the part of members of the grand jury.

Attorney Church admits that at the present time he knows of no membet of the inquisitorial body who was prejudiced against Signor, but he considers it probable the wide publicity given the case had caused some member of the grand jury to form an opinion upon the matter before it was officially presented to the grand jury for consideration. Following the filing of the demurrer and the motion, Judge Brown continued the hearing until Saturday morning. He issued an order directing the nineteen members of the grand jury to apepar in court Saturday mornto answer the charge of prejudice. At that time the jurors will be placed upon the witness stand and questioned regarding the feelings they held toward Signor prior to the time they commenced an investigation of the evidence against him. WOMEN TO TAKE UP PROPOSED CHARTER The Women's Christian Temperance Union will act as hostess at their bimonthly meeting tomorrow at 2:30 o'clock in Trinity M.

E. church. The following program will be rendered and a social tea given. All who are interested in the proposed new charter are most cordially invited. Opening prayer.

Dr. W. S. Matthew: vocal solo, Miss Margaret Davies; "The New Charter and Its Amendment," Dr. Lapsley A.

McAfee; "The Initiative, Referendum and Recall Explained," Attorney W. H. Brunk; "'The Interest the Federated Mothers' Clubs Are Taking in Its Adoption," Mrs. Eleanor Carlisle; violin solo, Miss Carrie Bright; "The Ethical and Educational phases of the Charter," Dr. I.

N. McCash; "How the Political Equality Club' Will Help," Mrs. Win. Keith; vocal solo, "Little Boy Blue," Miss Olive Morrish (Nevin); report from legislative work at Sacramento for the "Sunday rest bill," Mrs. Dr.

Tufts. SURGEON RELIEVED OF INSTRUMENTS Dr. Frank Simpson of 2446 Channing way, while attending a patient at 6443 Duncan street, Oakland, was quietly relieved of surgiacl instruments to the value of $17.50, which were left in an instrument case in the physician's automobile, which was standing in front of the Duncan-street residence. The empty satchel was later placed on the porch of the patient's restdencel The matter has been reported to the local police, who are investigat-1 ing the TERRY McFADDEN ARRESTED. Direct Leased Wire to the HOBOKEN, N.

January 19. Terry McFadden, the physical culture faddist, is in prison here today awaiting trial on a statutory charge preferred against him by Miss Helen Hayes of this city. He was arrested in Chicago. McFadden gained notoriety a number of years ago by advertising certain physical culture methods and establishing physical culture restaurants, where the patrons did not have to wrestle with tough meats, and he also started and conducted two magazines. TREASURY REPORT.

TREASURY REPORT. Direct Leased Wire to the Gazettel WASHINGTON, January 19. The treasury report today shows: Re. ceipts $1,512,083, disbursements 1020,000. ARIZONA SOLONS MUST NOT SMOKE Direct Leased Wire to the PHOENIX, Jan, of the lower house of the Arizona legislature are "playing hooky" today, following the adoption of a resolution prohibiting smoking.

The ban was placed on cigars when the hearing of the governor's message was under discussion. Expecting a large 'number of women to be in attendance, a resolution was introduced prohibiting the use of tobacco during the reading of the message. This was amended and a ban placed on the "weed" for the entire session, Today at intervals, the house 1 is nearly depopulated, while large crowds of solons assemble in the lobby to tomoke. CARMACK MURDER CASE. (Special to The Gazette.) NASHVILLE, January Although the trial is set for tomorrow it is likely that a further continuance will be secured in the case of D.

B. Cooper, Robin Cooper and John D. Sharpe, who are charged with the murder of former United States Senator Carmack. Attorneys for the deTense have persistently opposed a speedy trial, evidently believing that their clients will fare better after publie excitement has had time to die out. It is thought that self- defense will be 'the plea of the defendants.

CANADA TO RETRENCH. (Special to the Gazette.) OTTAWA, January dian legislators are gathered today for the coming session of the parliament 'of the Dominion, which will open tomorrow. It is expected that the session will be comparatively short and will be marked by a policy of retrenchment in appropriations in order that a temporary falling off in public revenue may be met by a corresponding reduction in expenditures. WILL MANAGE THE INAUGURAL TRAIN C. R.

Watkins, a graduate of the uni. versity with the class of 1908, who has jus returned from a tour of old Mexico, has been appointed manager of the "inaugural" train, which will be sent to Washington, D. to witness the ceremonies connected with the Installation of William H. Taft a president. The chambers of comp ace of Oakland, Berkeley and Alameda and other commercial bodies have endorsed the idea and will assist in equipping the train with displays of manufactures and other exhibits from the county.

According to the plan of the organizations under whose direction the train will be sent a complete tour of the east will be made and the entire Atlantic seabcard and the south will be visited and California products heralded throughout the east. The train, which has been especially provided for 'by the Southern Pacific company for the trip, will leave here in time for the inauguration of President-elect Taft, March 4. New Orleans, Baltimore, Philadelphia, Boston, Niagara Falls, the Grand canyon of the Colorado and other points of terest are included in the itinerary. NATIONAL BOARD OF TRADE. (Special to The Gazette.) WASHINGTON, January of interest affecting the business interests.

of the country were considered at the opening session today of the National Board of Trade. Several hundred delegates are in attendance, representing commercial clubs and business men's organizations throughout the country. The session will be concluded tomorrow. Frank D. La Lanne of Philadelphia, is president of the body.

OLD GOLD. OLD GOLD. We mfg. old gold into new jewelry Thiel Anderson, 2187 Shattuck. 12-31-r Big Value in This Nickel Plated 50c F.

L. BUTTERFIELD 2169 Shattuck--near Center The best values that are sprung on the Public in the way of Lumber can be learned about by getting our quotations on. your Our demonstrate that you can 100 secures cents worth of value for every dollar you spend here. West Berkeley Lumber Co CHAS. D.

HEYWOOD, Mgr. Telephone Berkeley 697 Foot of University Avenue PRESSING The Electric Iron Is always ready and economical Sold by Electricians Hardwaremen and Grocers Berkeley Electric Lighting Co. Oxford and Allston Way.