Oakland Tribune from Oakland, California • Page 1

ding ImpE'emeimt T7 Ti Exclusive Associated Press Service UJJ VOL. LXXIV. WEATHER- Cloudy tonight and probably light rain Fuesday; light southwest winds. OAKLAND, CALIFORNIA, MONDAY EVENING, NOVEMBER 28, 1910. 16 PAGES 100 Lfl aft Is 01 t).

jjj a i -v wi it 14 si ftl 11 ftl 11 I 1 1 1 mm I I I 1 1 1 I 11 uiiii u-hb tw le 111 ill 111 11 rr i mini rmniu runn rib QUEEN RECOVERING; BELGIUM REJOICES 1 1 re mriTu imkh uuhiuh miiii pct Ill fill i II h- I 3AC Government Begins Action Against Refining Company; Alleges There Is 'Lawless Conspiracy' ''AJk SID Of THIEVES bought 45 per cent of the stock, of. the Spreckels Company and then sold It at a large profit to the American Company, of which both were directors. "UNLAWFUL COMBINATION." In general the petition charges that the defendants, "for some time past, have been and are now engaged In an unlawful combination and conspiracy to restrain the trade and commerce among and between the several states and territories of the United States, and with foreign nations, ln raw sugar, sugar beets, refined sugar, molasses, ryrups and other bi-products of raw sugar and sV -s. I -t vs, NEW YORK, Nov. 28.

Attacking the American Sugar Refining Company, familiarly known as the sugar trust, as' a lawless combination the Federal government filed today Its long expected suit for the dissolution of the corporation. The petition was 'filed by Henry A. Wise, district -attorney," In the United States Circuit Court for. the Southern District of New York and the suit which is brought under the Sherman anti-trust law is expected to be one of the most Important actions of the kind ever undertaken in this country. The government's petition Is a lengthy one.

occupying 221 printed pages, and Is tt sweeping arraignment of the different companies. One of the allegations iff that the late H. O. Havemeyer of New for a long time head of the sugar combination, received $10,000,000 common stock of. the National Sugar Refining of New Jersey, as a gift at the time the corporation was formed to take into the combine four independent concerns the National Sugar Refining Company, run by B.

H. Powells Sons the New York Sugar Refining Company of Long Island City, New York, operated by Claus-Doscher; the Mollenshauer Sugar Refining of Philadelphia. 1 DETAILS OF MERGER. These companies, up to 1900, were independent and at it is said the American Company was determined to acquire Under a plan instituted by Mr. Havemeyer, John E.

Parsons and James H. Post, the National Company" was formed and took the. four plants, Mr. Post obtaining options on them. When the new stock was delivered, the petition sets Post delivered 100,000 shares of common stock, the entire issue, with a par value of $10,000,000 to Mr.

Havemeyer. Tha petition says the shares "were Issued In the first Instance contrary to law. In violation of the corporation's franchise and fon no consideration, aa both aald Port and Havemeyer then well knew." The government alleged that when the American Company took over four Independent companies the Franklin Sugar Refining the Spreckels Sugar Refining the Delaware Sugar House and the B. C. Knight Company Mr.

Havemeyer and hi a brother, Theodore Havemeyer. 5 j- aAt'i i pm fr: hfS) EFIIS Judge lawlor's Effort to Return Him to County Jail Court of Appeals Hakes Visit of Prohibition Perpetual Pending Hearing Action of Cabaniss Year Ago Upheld by the Three Higher Justices SAN FRANCISCO, Nov. 8. The dla- trict coflrt of appeals, In a somewhal sweeping decision this morning, success. fully countermanded the efforts of Bu perlor Judge Lawlor to return Abraham Ruef to the county Jail, pending the perfection of his appeal, which he contemplates taking to th supreme court.

About a year ago, during the abaenr' of Superior Jude Lawlor, presiding Judge Cabaniss released Ruef on bill. necessitating his putting up of more thn 1500,000 his appeal to the dis trict court. Last June Judge Lawlor Issued an or der to show cause why the former boa should not be returned to prison, a appeal had been placed In the hands cf the higher tribunal for decision. It was believed that he waa about to-order Mm to be confined when a temporary writ of prohibition was obtained from th district court, restraining Lawlor from acting further in the matter until after the case had been threshed out befora the appellate tribunal. WRIT MADE PERPETUAL.

Last Wednesday the court afflrm-d Judge Lawlor's conviction and aentenr of Ruef, and today was set for an argu ment on the writ of prohibition. Attor- ney Thomas representing th former boss, presented the facts of hli release by Judge Cabaniss before tha three. Justices, and Assistant District Attorney Fred Berry presented the pros ecution's side of the Issue. The court Jhen ordered the writ ol prohibition made perpetual, holding that one Judge of the Miperlor court cannot legally go against the decision of an. ether, because of equality in rank and powers.

It was argued that If one Judge cooM release a man on bail his associate the next day could order him returned to prison. This, It waa held, would ba a violation of the palpable provisions ol the code. 7 Ruef will now enjoy his liberty whll he la perfecting his appeal to the highest court in the fctate, unless some other move should be made toy the prosecu tion. FAILURE TO SEND MESSAGE IS COSTLY WASHINGTON, Nov. 28.

Because th Western Union Telegraph Company failed to transmit a message from Detroit, to Kansas City. after accepting it. the Supreme Court of the United States held the telegraph company Ha.hU today for more than $300 damages. The company received forty cents to send th4 message. Tbe measage was written" on a tele-grapuh blank which contained an agreement that in case of non-delivery tha telegraph company would be liable only for tho amount received for sending the message.

The Michigan courts awarded Judgment of several hundred dollars in favor of th sender, holding that the contract waa invalid, because it was a conflict with fl State law that regulated the liability. The Supreme Court approved today the Judgment of the Michigan court. FREEDOM WITH APPEAL QUEEN ELIZABETH of Belgium, who has been near death's door with pneumonia. Consort of Berkeley ite or Oaklander? Can't FindOut Which He Is mm fid Appropriation for Work Will Be Recommended by President Taft Rivers and Harbors Bill Includes $150,000 to Continue Local Improvements President Taft recommends $150,000 for Oakland harbor improvement in bill to be submitted to Congress at the coming session providing for appropriations for rivers and harbors work. WASHINGTON, Nov.

28. Approprla -Hons needed for river and harbor work for the fiscal c-ar ending June 30, 1912. aggregate t30.09B.69S. according to estf mates made public today by Secretary cf War Dickinson in the form of a report made to him by General W. H.

Bixby, chief of engineers of the United States army. These figures will be sent to congress by Secretary of the Treasury MacVeagh and legislation In accordance therewith will be recommended by Presl- i dent Taft In his annual message. PRESIDENT'S ESTIMATES. The estimates are divided as follows: Under continuing contracts. $7,368,077.

Rivers and harbors (general, including Mississippi river commission and examinations, surveys and contingencies), 122,627,361. Under California debris commission (expenses), $15,000. Prevention of deposits In New York harbor, $35,260. Many pet projects calling for the expenditure of large sums have -been omit ted from the estimates this year. Among these are the- 14-foot canal from Chirago to the Illinois river and the deep channel for the Missouri river from St.

Louis to Kansas City and from Kansas City north. The elimination of many of the improvements which have formed parts of i-iver and harbor bills In the past is in accordance with the insistence of President Taft, "that pork barrel" measures shall be strangled. Instructions were given to the engineer offices of the army to prepare estimates only for such projects as were absolutely needed or which gave certain promise of reducing the cost of transportation by opening up new water routes and enlarging some of those already existing. OAKLAND HARBOR. The general estimates, aggregating more than $22,000,000.

include the following: California Oakland harbor, Humboldt harbor and bay, Mo-keiumne river, $5000; Petulama creek and Napa river, Sacramento and, Feather rivers, San Joaquin rlv-; er, Suisun channel, $12,500. i Among the continuing contracts for uitn estimates were maae, aggregating are the following: Harbor at San Luis Obispo, removal of Centissima and Rincon Reef rocks" in San Francisco harbor, Siuslaw river, Oregon, $50,000. FIRE DESTROYS MATTRESS FACTORY Fire destroyed tho plant cf the Star Mattress company on Adeline street, near Thirty-second street, shortly after .8 o'clock this morning, entailiif a Joss approaching $2000. with but a small amount of Insurance. Preparatory to the day'3 work an employe In the building threw on an electric switch.

A spark flew into a pile of innammable substance used the manufacture of mattresses, with the result that flames quickly enveloped the entire upper floor, spreading before it could be controlled. Owing to the lack of Are extinguishers In be vicinity of the blaze, workmen found difficulty In fighting the flames with buckets until the arrival of the fire department. There wera eight men employed In the factory. Tbe building, which waa of ygal ve nlaed iron construction, wu completely gutted and tbe finished goods stored la upper story destroyed- the King The Santa Fe will Interchange at Stockton and Oakland with the Western Pacific. This opens the region lying south of Stockton to the Western Pacific, which means that round trip tickets will be sold over both lines, alternating over the oineir.

i ne western I'aeinc can now route over the. Santa Fe lines passenger from the east to any part of Southern California. years. It was revealed that Goldbach waa influenced by cheap novels which he had been reading. In company with his mother he waa sent to.

Loa Angelea, where he will attend school. MacVeagh designated John E. Wllkle, chief of the United States Secret Service, today to undertake the Job. The two organisations, however, will remain separate and distinct. Women and Man At tempt to Strangle and Stab Lodger i Desperate Struggle, in Which Victim Is Overpowered ana ttoooea SAN FRANCISCO.

Nov. 28. Attacked by two women and a man as he lay In a Strang lodging house, where he dad hired a room for the nighty Simon Cohn. Of 234 Richland nvorm fraiir)i vu life at an early hour this morning against the trio, who attempted to first strangle and afterward cut him with a robbing him of all the money In his possession. The alleged culprits, Lena Clark, aged Viola Deel.

aged 60. and "William Mendelson, a son, aged 42, were, arrested by Policemen' Hottlnger and Maler and charged with robbery and assault to murder. LOCK SMASHED. Cohn resides In an outlying portiuu of the city and decided to stay In town last night Instead of going to his home. It was 1:30 a.

m. when he rented a room at 41 Sixth street, locked the door, and went to sleep. At xn. he was awak- ened by the smashing of the lock, and before he could rouse himself was Ron-Ifronted by the shadowy forms of the trio standing over him. The man seized a blanket and attempted to choke him, whOe he believes the women began a search of his pock-lets.

He fought off his assailant, arose from his lying posture, and began a struggle. ATTACKED BY WOMAN. One of the women was armed with a bottle and struck at him with It, and another member of- the trio clashed at him with a knife, cutting him on the hand. He waa finally overpowered and beaten to the floor and asserts that hi" assailants made their escape, taking with them 920.10 In cash. 1 Cohn remained quiet for a 'short time knd at 4:20 a.

slipped quietly out of the building bl search of the police. iTndlng the two officers, he pointed out the three accused, and were charged with assault to murder. Later a additional accusation of robbery was ed against them. Wendling Goes on Trial For Slaying of Child 'Accused Murderer to Face Court Almost a Year After Alma Kellner was Killed. LOUISVILLE, Nov.

28. Almost one year from the day the crime was committed. Joseph Wendling. oh-vrped With the murder of Alma Kellner. who was murdered In St.

John's Catholic church, December 8, 1909, was placed oa trial'' today. YirA.M. vfl srpstM In Ann July 30. after the finding of portions of a body supposed to be that of they murdered child in the church base-rrent two months before. Wendling had been Janitor at the church.

Mrs. Coia Monea of Hume. from whom Information was received that led to WendUr.g"s and Detective Burke of Francisco, who arrested wendling. are here and will be witnesses tcr tha prosecution. llinois Makes Good Population Increase Statistics Shows Total of 591 Persons in State 16 Per Cent Advance.

WASHINGTON, Nov. population of the state of Illinois is 6,638,591, according to the statistics of the thirteenth census, KAde public today. This Is an increase of 17.041 or ICS sugar beets and to monopolize the same. "Such unlawful combination and conspiracy are the result and outgrowth of a Beriesr of wrongful acts extending over a period of many years and participated in by defendants, respectively' in the manner and to the extent of hereinafter more fully set forth. "In participating in the various acts, agreements and combinations, hereinafter described, all of the defendants have been actuated by wrongful Intent to restrain said interestate and foreign trade and commerce in raw and refined and related articles and to monopolize parts thereof." PETITION OF GOVERNMENT.

The government petitions the court to decree: "That the defendants have been engaged In unlawful combination and conspiracy to restrain and monopolize trade and that their officers, directors, stockholders, agents and employes be perpetually enjoined from doing any act to carry out the purpose of such unlawful combination. "That the court adjudj that the Amelrcan Sugar Refining cVmpany, the National Sugar Refining Company of New Jersey and the Western Sugar Refining Company are each in itself an unlawful combination In restraint of trade, and that each of them be restrained from engaging in interstate or foreign com. merce. "That the court adjudge that the shares of the capital stock of defendant corporation hereafter acquired by any other cor- (Continued on Page 2) venue avenues. He plans to build a residence for which the building permit win amount to J7.

This has been de manded of him in both cities, as the Oakland-Berkeley line runs through his property in such a manner that the front of the lot is in Berkeley, while his house is in Oakland. The communication is accompanied by maps and diagrams of the lots in this all of which suffer under the same difficulty as that experienced by Bright. All of them live in Oakland, but have their addresses in --Berkeley, and get sewer, water, light, telephone and other public services from the Berkeley system. Bright has written to the City Council, suggesting that consolidation is the only course that will solve his difficulties. within the district.

Hyde and Schneider were convicted and each sentenced to imprisonment and to pay a fine, while Benson and Dimond were acquitted. "If these rulings are correct," attorneys for Hyde and Schneider protest in their petition to the Supreme Court, "any person who writes a letter to any official In Washington or employs attorneys here in connection with any claim against the United States becomes liable to a prosecution here for conspiracy." In the cage and fragments of their bodies were blown from the shaft, which Is 290 feet deep. The nine other men were already In the mine. 'Efforts to reach the entombed miners proved futile aa the explosion wrecked the shaft. The mine has been In operation ten years.

Belivero, a bandit, has been rescued and Now Out of Danger BRUSSELS, Nov. 28. All Belgium is today rejoicing, for the beloved Queen Elizabeth has been pronounced out of danger. No more remarkable change in the regard of a nation for its rulers can be imagined than that of Belgians for their late and present monarch s. Wh en Leopold died the state mourning was a mockery; when Queen Elizabeth was reported last Tuesday to be critically ill of what was feared to be pneumonia, the churches were thronged with mourners praying for her recovery.

Now that the people of Brussels know they re not to lose their Queen they have given up their all-night watches around the palace and everywhere one hears the heartfelt greeting, "Thank God, she will not die." Queen Elizabeth is the daughter of Duke Charles of Bavaria and Princess Marie Josephe of Portugal. M. Bright has applied to the officials of two cities to find out where he He sleeps In Oakland, pays taxes k) Oakland, obtains his gas, electricity and water from Berkeley; gives his street number In Berkeley and votes in Berkeley. But he finds himself in trouble because both Oakland and Berkeley demand that he obtain building permits from their building Inspectors offices before he can build himself a house. The matter has been taken up by the officials of both cities, and was the 'subject of a lengthy communication from W.

F. Mc-Clure, commissioner of public works of Berkeley to the Oakland Board of Public Works this morning. In the letter Commissioner MrClure explains that Bright has a lot on Wool-Bey street between Hill eg as and Ben- Accused Men's Attorneys See Danger in Rulings Western Pacific and the Santa Fe Make Traffic Deal WASHINGTON. Nov. 28.

The Supreme Court of the United States was asked today to review the trial of Frederick A. Hyde and J. H. Schneider on charges of conspiracy with John A. Benson and Henry B- Dimond to defraud the government out of lands in California and Oregon.

The trial was held in the District of Columbia on the theory that an overact under the conspiracy had been committed John J. Byrne, passenger traffic manager of the Santa Fe railroad, has Issued a circular authorizing agents of the Santa Fe at Oakland to validate nine months round trip tickets to Pacific Coast points. By this arrangement travelers from points' east to California can now have their round trip tickets validated at Oakland. Five Men Blown to Pieces And 9 Entombed by Blast Youth Steals Horse and Plans to Become Cowboy DURANT, Nov. 28.

Five men were blown to atoms and nine others were entombed beyond hope of rescue by a gas explosion in the mine of the Choctaw Asphalt Company at Jumbo, near Antlers, today. The accident occurred Just as the day shift was going to work. Five men were STOCKTON. Nov. 28.

For stealing a valuable horse because he wanted to be a cowboy? George J. Goldbach, an 18-year-old youth of Los Angeles was this morning placed on probation for two Customs Secret Service Is to Be Reorganized Kidnapped Girl Rescued From Clutch of Bandit TAJIPICO. Nov. 28. Miss WASHING TON, Nov.

28. The secret police system of tbe customs service, which extends over Cite United State and Europe, la to be OWanized. Secretary per cent over in imu. The increase fr-'Jm 1S1K' to 1900 was I 95,199 or 28 per ct I vi awpu, ir-jcir-oia neorasu girl, i who I as kidnapped from a ranch nr I Tamplco several weeks ago by Segando 1 i 1 y- i Drought here. She was rilmost exhausted from El treatment and exposure i.