Oakland Tribune from Oakland, California • Page 1

ONLYO AKLAN NEWSPAPER LAST THAT PUBLISHES Associated Press News I IT I VOL. LXVII. THURSDAY Fair. OAKLAND, WEDNESDAY EVENING. APR1 24.

1907. THURSDAY Fair. No, 63 V7. 71 I I 1 I I 1 1 .1 1 if I II A CALHOUN MUST 1171171? 1 HUBBIES GIVE AiREPLY Indications Are That There Will Be a Big Struggle Across EH il the SAN FRANCISCO, April 21 noon presented their demands I to Says That They Can't Put Him Out of the OrderRetires From Office for Personal Reasons. Railroads.

The demands, which were 'prepared by the executive committee cf the Carmen, were ratified by the union at the meeting last night, j' The executive committee will meet again on Saturday eveninsr. at which time it is believed an answer will have been received from the United Railroads. The date will then be 'set by ing of the Carmen. At this meeting whatj action' is to be taken! upon the reply will be decided upon. The agreement which the union submitted to the United Railroads insists upon a flat rate of i Xr' ft i SAN FRANCISCO, April 24.

Abe Ruef, charged with extortion, says that he believes the Grand Parlor of the Native Sons of the Golden West cannot expel a member of a subordinate parlor of that order. He also says that he has not been dropped 1 from the position of grand trustee of jthe Native Sons, but that he declined to serve in Such "What do you think about the ac-ilon of the grand trustees of the Na-(itlve Sons of the Golden West dropping tyou as a member of that body?" was the question propounded to Mr. Ruef this morning by THE TRIBUNE cor- responednt. "I have not been propped from the Board of Grand "Trustees," was the reply. "That Is the story which has been published," said the correspondent.

"Well, it Is not true," replied Ruef. I myself, declined to serve on the 1 1 board." "No reference has; been made to that fact In the papers," said the cor-I respondent. "I know that to be the case, but this is the first time I have referred to tt. Some time ago I notified the chairman of the board of gTand trus Sir -v Vf'f MRS. MABEL GOMPERTZ (WHO IS', ACCORDING TO HER HUSBAND, LIVING UNLAWFULLY WITH ANOTHER WOMAN'S HUSBAND.

$3 per day for an 8-hour day and tor all overtime. CALHOUN WILL REFUSE. SAN FRANCISCO, April 24 When the committee from' the Carmen's Union waits on President Calhoun of the United Railroads this afternoon with a formal demand for a new, annual contract giving conductors and motormen a flat wage of $3 and an eight hour day, that demand will be unequivocally refused, according to a Joint statement made yesterday to the Associated Press by President Calhoun and General Manager Mullally in substance as follows: The United Railroads absolutelv declines to pay its platform men $3 for an eight hour tky. This is positive and final. The company has gone the limit In the matter of wages.

It will go no further. VHJi SIGN'. "The United Railroads Is willing to, and will cheerfully sign a contract for one year from May 1. 1907 to May 1. 1908, to pay the scale awarded by jthe arbitration committee whose findings were returned only seven weeks ago.

The officers of the company do inot believe a strike will occur. They hope-such an unfortunate move will be avoided. They want peace." But in any event the S3 eight hour demand will not be granted. That demand Is wholly unjust, and from the company's standpoint simply impossible to meet. The United Railroads in San Francisco Is now paying its platform men the highest wages of any city in the world, with the single exception of Butte, Mont.

PRESENT SCALE. "The present scale was edtermined Viv nrhltrfltfnn prtmmlttPA nimvuwil Major' Prank McLaughlin, repre senting the company, the Rev. Father Peter C. Torke, representing the men, and Chief Justice Beatty of the Supreme' Court, chosen by the two. It is as follows: For one year in service, 81 cent an hour an 37.2 cents over Woman Finds Missing Husband Living With Missing Wife.

Serious Charges Result in a Mixup of Family Affairs, Which Law Must Untangle. SAN FRANCISCO, April 24. About the same time that Mrs. E. J.

Effenbach of Joliet, 111., more recently of St. Louis, was looking in Oakland for her husband, who had deserted her months ago, Carl Grompertz a weil-to-dd produce merchant of this city went In search of his recently divorced wife, who had mysteriously disappeared with their ten-year old daughter. Gompertz proved himself aw exceptionally clever sleuth and with only the knowledge of the location of a dentist's office in Oakland, where he knew the girl once had a tooth pulled, as a clew, he succeeded after several days of skillful search in locating his little girl and her mother, who he discovered to be living with E. J. Effenbach, a switchman in the employ of the Southern Pacific, who later turned out to be the erring spouse of Mrs.

E. J. Effenbach of Joliet, 111. Mrs. Gompertz was recently granted an interlocutory decree of divorce, and according to the laws of the State of California would be compelled to remain until the expiration of one year.

Gompertz summing up-the situation decided that he had just cause to demand the custody of the child and therefore applied to Judge Jlogan In Department 7 of the Superior Court. The case came up this morning, but Mrs. Gompertz was in court with her lawyers and secured a continuance until FrJdajiorning. After the court had granted the continuance, Gompertz left for Oakland to swear out a warrant for the arrest of his former wife and Effenbach on a serious charge. It is said that Mrs.

Effenbach, after being given the cold shoulder in Oakland by her husband has returned to St. Louis. As published in THE TRIBUNE of April 17, Mrs. Effenbach Journeyed all the way from Joliet via St. Louis in search of her faithless husband and found him in Oakland where he informed her that he- loved the woman he was living with better than ho Continued "on Page 2.) Word received at the headquarters of the local police department show shortly before noon today to the effeo.

that Frank Smith, alias Short, murderer of John Marcovich, proprietor of the Gas Kitchen, had been arrested In Hayward, caused Chief of Police Wilson to dispatch Captain Peterson and Detective Hodgklns to the scene In an automobile. Speeding as rapidly as the car could be run, the officers soon arrived at the Jail of the suburban town, and after carefu questioning discovered that the man was not the much wanted slayer df the restaurant proprietor. ARREST THIS POLICE THOUGHT CAUGHT WE IS KILLE MY ENGINEER RACED AGAINST CHICAGO, April 24. A dispatch to the Record Herald from Lexington, says "Engineer Scannon of a Chesapeake Ohio freight was the hero yesterday of a thrilling race between a train and a barn; with several lives at stake. Scannon's train wai passing Tebbs Station, near here, at a good rate, when the high wind which was blowing lifted a big tobacco barn from Its foundations and started It rolling down hill toward the railroad Strange Accident to Santa Fe Overland Train The lnured Taken to Los Angeles.

i s' HIS TRAIN A RUNAWAY BARN half a. mile away. Scannon saw the danger and -immediately threw the throttle wide open in an effort to outrun the barn. The heavy train was on the down grade and soon -attained great momentum, but Just as it looked as though the peril would be outrun the big barn crashed into the caboose, smashing it. The impact' also shattered the barn, which collapsed on the track.

Trainmen on the caboose saw thir peril in time to escape by Jumping. mm prietor over the payment of a drink. It Was then that he made the remarks that he was a "bad man" and would "fix" the liquor dealer. "The actions of the man made me said Constable Rani age this morning, "and I shadowed him constantly from the time he arrived in town. His statements made in the saloon decided me and ,1 caused his arrest." The, stranger answers the description of Smith In many respects, but after careful questioning Captain Peterson and Detective Hodgkins decided that he was not the -murderer of Mar- 1 covlch, and his release followed.

YOU SEE HAD HIM AT THEY TH Bay. The Carmen's Union this after President Calhoun of the United jl the committee for the final meet one and one-half the regular rate time; men! wo "years In the service 3). cents and JB8.4 overtime; men three', years or longer in the service 33 cents and 39.6 overtime. "This mens, inasmuch more than. sixty per cent of the platform men have been In the company's service three years or-longer, that the average hge now paid is $3.50 a day.

Including, average overtime. This is for a ten-; hour day, and the average overtime put in is eighteen minutes a day. "As the company understands the demand about to be. presented, the meik doslre to reduce their dally wage on an average flfty cents a day; for the1; declare-that i conductors and motormen; are physicaMy unable to work longer than eight Hhours a day, so It is evi-. dent that they fio not desire to earn any more than $3 a day by working overtime; nevertheless, they include in their demand 'time and a half for overtime.

f' NOT PRACTICAL. "It is noil practical to operate street railways under the eight-hour arrangement. The men. know this. Nor.

we are quite sure, would the men formulate a demand to be paid 60 cents a day less oni the average than they are receiving. if "Their demand, then, if assented to, would meati simply this: That the men whofwrk two hours and eighteen minutes overtime and receive, therefor 31.35, whicb. plus the 33 wage would, make their pay $4.35. Instead of a day an Increase of 85 cents a day on top, of 20" per cent increase awrrxded them only seven weeks ago, and in the face of the act that the United Rail roads is now paying, with one exception, the highest wages of any city In the world, "This contemplated Increase tha United Railroads cannot and will not pay. The company employs about 200ft platform men on Its San Francisco city lines." cf his attorney; when asked h7 th clerlMf he had secured counsel.

Miss Hergeton did not appear in court, It being stated that she had suffered se-vere relapse since her visit to th city prison yesterday, when she posi- tively Identified Eddy as the man who attacked her. board of public service, which directs that traffic should not be interfered with nnd that the rails should be removed section after section, in order that service xmtght be maintained by the opposlUoa company. CHOICE GROCERY AUCTION SALE. On account of owner retiring from business, wej.have been instructed to sell the fine Atock -of groceries and the fixtures contairred In drove street, corner of Twenty-fourth street. Oakland.

9ale on the iremles, Thursday. April 23, at 10:30 a. m. Stock comprises: Flour, mushes, barley, rioe. cakes nd crackers, macaroni, spaghetti, sagar, syrup, oil, vinegar, pickles: teas, coffees, chocolate, spices, extracts, baiting powders, canned milk, fruits, vegetables, soups, meats and fish, including Van Camp's.

XjSaidefs, Schillings and Qhirardelli's goods; ham. bacon, lard, soaps, washing powders, starch. blueing, wasbboards, brooms, tc. I The fixture comprise: Counters, shelv ing. show 'cases, scales, coffee mill, one horse, wagoti.

etc. This is a grand chance to get goods at your own rr ce. J. A. MtJNRO Auctioneers.

1007 Clay street. Oakland. Telenhan 'Oakland fcZL RIVERSIDE. April 24. John G.

Willi tt. section foreman, was kHIed, J. G. Taylor, brakeman, suffered a broken shoulder, and several passengers were cut with flying glass in a peculiar collision, on the Santa Fe at Cajon Pass last night. A freight train was accidentally derailed at this point, and the west -bound overland passenger train had been stopped half a rrille distant at the top of the grade while the track ivas being cleared.

ASSASSIN tees that I would not be able to attend to the duties. No action was taken because no meeting was held from that time up to the time of the holding of the recent meeting in Napa." "How long since you notified the board of grand trustees that you would not serve?" "About two months." "What do you think of the move on the part of the board of the Native Sons of the grand trustees to expel you, and Mayor Sehmitz, and Mr. Gallagher from the order." "I do not know, but I suppose the Grand Parlor and members of the order will be governed by the fact that a man Is presumed to be Innocent until he is proven guiity." "I am of the opinion," continued Ruef, "that no action in that direc tion would be made by the subordi nate parlor. I do nof think a Grand Parlor or lodge, would be obliged to expel a member under such circum stances. I admit that the Grand Lodge or Grand Parlor might expel a member belonging to that body, but it would have no power over members a subordinate lodge or parlor.

Now the Grand Parlor might expel Galla- (Continued "on Page 2.) ARE HURT The engine of the passenger train had been detached and sent to the scene of the wreck. The brakes on the passenger' coaches failed to hold and the train ran away down the grade. At the bottom it crashed into the engine, partially derailing the train and smashing and splintering several coaches. Willett was killed almost instantly. The injured were taken to Los Angeles today.

mains unchanged, but there is eaid to be no hope for her recovery. Judge Chytraus began -his Journey over the Santa Fe, but arrived over the Southern Pacific, his train having been de-toured at Barstow over the latter line because of a Santa Fe wreck at Cajon Pass, between Barstow and Los Angeles. "I saw in the paper that Justice Angellottl, of the Supreme court, is writing the opinion." "I do not know how. they learned that." i Ruef was asked how he explained the application of the counsel for Mayor Schmltz, as friends of the court offering views as to why Ruef should 'be admitted to bail, and replied: "I really do not I never heard of It before it was filed." "Do you think Schmltz may also be placed in the custody of an elisor?" "There Is no doubt about it," said Rue. "When Sehmitz is brought to trial on this case, it is my impression that Judge Dunn will undoubtedly place him in the custody of an elisor as ha has placed me." had sought refuge had been blown to nrtlllarv- flro T.Is.

when he saw that a detachment of police was advancing upon the housed barricaded himself within and openea nre upon the police, killing several of them. AUIlfi EDDY COULD SCARCELY TALKllN COURT Pretty Girl Who He Is Accused of Having Assaulted Suffers a Severe Relapse. WRECK DELAYED RACE AGAINST DEATH 1 LOS ANGELES, April 24. Judge Alexander Chytraus of Chicago, who crossed the country in a special train to reach the bedside of his wife, who lives at Glendale Sanitarium at the aDblnt of death from Brlghts disease, 1 AvtlT- SAN FRANCISCO, April 24. Alvin Eddy, accused of an attempted assault upon seventeen-year-old Ethyl Her-gaton, was arraigned in the police, court today before Judge Weller.

He was scarcely able to whisper the name 'Tm a bad man, arid I'll fix you," were two of the expressions that finally resulted in the arrest of the man suspected of being the murderer, by Constable Ramage of Hayward. It appears that the man came here from Goldfield two or three days ago and took a position in the New England Bakery in the suburban town. The Hayward officers have been keeping a careful lookout for the Marcovich murderer and as the man arrested was a stranger and acted suspiciously he was watched carefully. Last night he went into a Hayward saloon and had trouble with the pro- 1URDERER IF i reached tms city toaay -en to the sanitarium in an automobile, arriving there at 11:40 a. m.

The condition of Mrs. Chytraus re- THOUSANDS OF PEOPLE WALKING IN CLEVELAND Railway Company Suspends Operations on Certain Lines Owing to Enforced Three-Cent Fare. RUEF bWMTS DECISION OF THE SUPREME COURT Says That Judge Dunne Will Later Order Mayor Sehmitz Into Custody of Elisor. Chief Wilson has no clew to Frank Smith, alias Short, the of ohiManxrvich-Here is the circular just out calling for his arrest "Wanted for Murder: $500 Reward for arrest, or information that will lead to arrest -of Frank 'Ernest Smith, alias Samuel E. Short, alias Ed.

C. Short. "White man, American, age thirty years, height five feet si'jc inches, weight about 155 pounds, complexion fair, hair light brown, more to a blonde, bal'd on top towards back of head, thin on top of head towards front, "combs flat to Jieajd and covers most ot baldness, smooth round full face, prominent high forlehead, nose comear tc 'habit of blirJci'rig tlfem, carries his left shoulder." slightly down and forward and inclines ms had to shoulder, walks with a quick scar on forehead, scar on left "wrist and thumb, scar on left knee cap, scar on right thigh, scar on left hip. scars on front of bjoth tipper arms. "Enlisted in San Francisco, June 14, 1898, in Hr Battery, 3rd Artillery under name Samuel E.

Short as bueler. discharged in Phillipine Islands, July reenlisted July 8th, 1899, SAN FRANCISCO. April 24. No clsion has yet been received from the Supreme court of the State, which Is in sitting at Angeles, in the application df Abe Ruef. charged 'with extortion, for a writ of habeas corpus.

aV to free him from the custody of Elisor Biggy. and either admit him to baitf or place him in the custody of Sheriff O'Neil. "I do not know." said Ruef. speaking of the subject today to THE TRIB- VN'E correspondent. "When the decision will be reached.

I do. not think that the court really decides the case excepting in a plaeo where the ar-iruments have been heard. Tna na-beas corpus application was heard here in this city." i in Company 'A 36th Volunteers, desert ed. April 8, 1900. Bom in Jefferson, Texas, July 17, 1878.

4 Occupation, waiter, hard drinker, chews tobacco, frequents houses of ill-fame and has been a pimp. He resided in this city for the last ten months, being employed as a waiter in the Gas Kitchen CLEVELAND, April 24. Thousands of people living along Cenrai and Quincy avenues were compelled to walk long distances today in order to reach the business section. The Cleveland Electric Railway company suspended operations on these thoroughfares, the United States supreme court having some time ago decided that the company's franchise had. expired.

Since then the company has been permitted to operate cars on a three-cent-fare basis. 4 Recently the company notified the oity authorities that it was losing money on the passhengers carried at three cents, and that It would suspend service last night and at once begin th work of removing the tracks. The compan yat-tempted to do this today but the police compelled tho workmen to abandon the undertaking. The city administration insists that the removal of the tracks shall be done in accordance with "a permit issued by the BOY 'WANTED TRIBUNE COMPOSING i a fashionable restaurant, known here as "Frank E. Smith; Friday April aE 19, 1907.

he was caught, accused and discharged for stealing; at It- jl o'clock p. m. the same date, he returned to the restaurant" and cowardly 7 vta' BOMBARDED HOUSE WITH ARTILLERY "murdered John Marcovich, one of the proprietors by shooting in the back five times, instantly killing him, immediately making his escape; at the time he wore a dark double-breasted sack with small square check, coat square cut, light gray soft round top hat, may have had with him, a dark hat, size of shirt col lar 15. 1 "Please arrest, hold and wire at ray expense, I hold warrant, charge murdeR, WILSON, "Chief of Police. -Oakland, California, 23, 1937.

WAPa.w Anril 24. A notorious WAKWAVY. -npru -i. (l brigand, Stanislaus Lis, the author of hn been cantured at Lublin, 85 miles from here, mortally.