Los Angeles Herald from Los Angeles, California • Page 10

8 COMMISSION RULES ON RATE BY RAIL Interstate Commerce Officials Adhere to Long and Short Haul Provision SCHEDULES MAY BE REVISED Present Rights of Carriers Will Be Respected According to Latest Decision (Associated Press) WASHINGTON, Oct. a formal order, issued late today, the interstate eommere commission announced its determination to administer strictly section 4, the long and short haul provision of the interstate commerce act. By the terms of the order there will be no change in the existing status or in the present rights of carriers until February 17, 1911. They may file with the commission such damages in rates as ordinarily would be filed in the course of their business, under the present rate basis or adjustments. This accords them the right even to file higher rates or fares to intermediate points and through rates or fares higher than the combinations of intermediate rates or fares, provided that in so doing the discrimination against intermediate points Is not made greater than that in existeace August 1, 1910.

The commission announces that it does not necessarily approve through this permission any rates or fares that may be filed, all of them being held subject to correction. It is ordered "that the commission reaffirm its previously expressed view that a through rate or fare that is higher than the combination of the intermediate rates or fares is prima facie unreasonable and will insist upon the application of that principle at the earliest possible date in every instance except possibly extreme and very unusual cases." This is understood to mean that only in extraordinary conditions will the commission exercise the authority conferred by congress to permit in its discretion technical violations of the long and short haul provision. TAFT CONSIDERS WHITE TO HEAD SUPREME BENCH President Seeks Opinions on Applicants for Vacant Post NEW YORK, Oct. was learned here today that among the candidates for chief Justice of the United States supreme court whom President Taft is considering is Associate Justice Edward Douglass White. Justice White was appointed tn the supreme court from Louisiana find is a Democrat, While the president is considering both Senator Root and Justice White, lie has not given up the idea of appointing Justice Hughes.

Some time ago it seemed that the latter was to be appointed, but the fact that Mr. Taft is seeking opinions both as to Justice White and Senator Root is taken as indicating: that he has not made up his mind. INTEREST "What were the points of interest you saw on your automobile tour?" "Garages and police stations," replied Mr. Washington star. RENUMBER 13TH FLOOR OF CHICAGO SKYSCRAPER Hoodoo Causes Owners to Try to Change Luck CHICAGO, Oct.

No. 13 in a skyscraper downtown here has been changed to 12-A. It is said by occupants of the building that the thirteenth floor has more business failures and vacancies to its credit than all of the building, and it seems that the two most recent in its string of calamities have, prompted the management to try to change its luck. The agent of the building denied that the hoodoo superstition was a factor in changing the numbers of the flour. "It was our original intention to have the floor numbered 12-A," he said.

"The mistake was made by the painters when the building was constructed and we've just got around to correct it. It is a fact, though, that many people are superstitious on this point and would not rent a room numbered 13. Women are the worst. On their account we have had to omit the number 13 from most of our apartment buildings in order to keep all the flats rented." ARIZONA DELEGATES DISPUTE OVER PRINTING Territory May Clash with U. S.

on Finance of Constitution Building PHOENIX, Oct. clash over the question whether the federal or territorial officials had any supervisoral authority over the financial part of constitution building onlivened the session of the convention today. Territorial Secretary Young precipitated the discussion by the announcement that he would not pay for the printing of proposals for constitutional articles, unless the printing contract was first submitted to him for sanction. He said his attitude was based on instructions from Secretary Ballinger of the interior department. A of three attorneys selected from among: the delegates rendered an opinion that the territorial officials had nothing to do but pay the liills approved by the constitutional convention and on the strength of that the convention voted to let the contract.

M. G. Cunniff, a delegate from Yavapai county, and a former instructor in Harvard, introduced a proposal today for prohibiting courts from issuing injunctions restraining any person or association from exercising rights guaranteed by the constitutions of the state and nation. Other proposals provide for placing all officials on a salary, to eliminate road taxes and to create a corporation commission of three members. JUMPS INTO BAY BECAUSE HUSBAND DESERTED HER SAN DIEGO, Oct.

because of the desertion of her husband, it is claimed, pretty Mrs. Lois D. Edwards, 17 years old, jumped Into the bay this morning from the dock of the Pacific Coast Steamship company and would have drowned but for the timely action of E. Turner, an employe of a local lumber company. Mrs.

Edwards said but little of her attempt when hauled onto the dock, but it is charged she was deserted by her husband some time ago and that six weeks aeo her baby died. She was taken to the home of her mother on National avenue. LOS ANGELES HERALD: THURSDAY MORNING, OCTOBER 20, 1910. News of the Courts SUPREME COURT HEARS PASADENA PHONE FIGHT Arguments Made in Important Case and Briefs Will Be Filed in Few Days Whether Pasadena can compel the Pacific Telephone and Telegraph company to obtain franchises to streets in that city before setting poles and stringing wires is a question that now rests with the state supreme court. No decision will be announced, however, until briefs are filed by counsel for tin- municipality and the corporation.

Argument! wore heard yesterday and the case submitted after John Shenk, city attorney of Los Angeles, and Jesse H. Steinhort, representing the city and county of San Francisco, had been given fifteen days in which to file briefs, after which the telephone corporation will have fifteen days to answer by brief. While the decision involves, primarily, Pasadena's to shut the company put of that city unless it obtains franchises for its poles and wires, it Is of the utmost importance to every city in the state for the reason that it will establish a precedent. The crux of the controversy is the construction that should be put on section 536 of the civil code as It existed prior to its re-enactment in 1905. It piant oil to telegraph companies the right to occupy public highways.

Telephone companies were not mentioned. Attorneys for the telephone company say the word "telegraph" embraces "telephone." Attorneys for the city take the contrary stand. BASED ON OLD STATITE The telephone company's franchise in Pasadena expired in 1907. The company refused to ask for a new franchise, claiming the right to occupy the streets without a franchise and without paying for the privilege. Its claims were based on certain acts of congress and an ancient California statute, and on the further contention that telephone lines are engaged in interstate commerce and not subject to municipal control.

The tight became so bitter that the city cut the company's cables when it refused to pay the city for the privilege of occupying Pasadena streets. oral arguments were beard yesterday, John Perry Wood representing Pasadena. City Attorney Shenk for Los Angeles, Jesse H. Steinhart for the city and county of San Francisco, and Attorneys Pillsbury, Madison and Sutro of San Francisco for the Pacific Telephone and Telegraph company. The principal questions involved in yesterdays arguments, as defined by the court, were: "Did section 536 of the civil Code as it existed prior to its re-enactment in 1905 include telephone corporations? "Was such section repealed or suspi mlrd as to cities and towns organized and existing under the general municipal corporation act of 18S3, as cities or towns of the sixth class by reason of provisions contained in said act?" CITY MIST COSTS Attorney Wood in his argument Bald that there is a distinction between a telegraph and a telephone company, and that the legislature, in gAntnig a charter to a corporation for a telegraph line, did not necessarily have in mind telephone lines also.

"There is a vast difference," he said, "between a telegraph and a telephone line. The former brings, perhaps, one line into a city, while a telephone com- pany occupies nearly every street with a great number of poles and wirea, which greatly increase the danger to life and limb. "In many cases in the courts of tins country and England experts haver been called and it has been conclusively shown that there is a great difference between the telegraph and telephone. time the legislature referred to a ti legraph line we have no'right to assume that it included telephone systems also. "The city must bear the cost of tearing up and repairing the streets.

Upon the municipality rests the liability ol damage from overhead wires. Is it right, then, that a telephone or, perhaps, twenty different companies should be allowed to use the streets indiscriminately without the consent of the governing body of the city? "It has been the trend of all legislative enactments of this state, as well as the expressed policy of this court, to give the control of city streets to the municipality." HOLLYWOOD WATER CASE GOES TO VENTURA COURT, The Union Hollywood "Water company will conclude its case tomorrow and the action will be resumed in Ventura before Judge Clarke of the northern tribunal next week, when the opposing parties will engage in the final argument. The evidence will be ended tomorrow. The concern thinks the rates recently established by the city are too high, and has been fighting them for several months. When the arguments are coneladed a decision will I be rendered by Judge Clarke, probably early in November.

PLUMBER ASKS $100,000 FOR LOSS OF BOTH HANDS Alleging that he was permanently injured. George M. Bweetman, a plumber, yesterday filed In the superior court a suit for $100,000 damages against the Pacific Light and Power company. He declares that he was Injured August 26, 1909, at 443-449 Bast Third street, by taking hold of a live wire. He asserts that his injuries resulted in the amputation of of both hands, leaving him incompetent to earn a living.

DIVORCE SUITS FILED Divorce suits filed yesterday In the superior court were those Edward agalnut Rosetta Marshall, Thomas w. Hair against Hattle K. Hair, (Jura B. Pagei against Howard Paget; Willetta Hazel Aye against Gregory Aye, Emma C. Relmera against Charles W.

Reimers, Jialiei A. Bayme against C. W. Bayme, Dorothy Faden againHt Luther l'adeii, and Anna BaiT against Andrew liarr. SUES CAR COMPANY John A.

Smith, father of Kugcne Smith, a minor, yesterday riled in his son's behalf in the superior court a suit for damages the Los Angeles-Paolflo Railway company. smith alleges that his son was permanently injured August 18 a 1 Ocean Park "when a ear ran over him. Ton 6uy It, pernapi at many but thai-it's BFWT to buy Municipal Affairs PLAN IMPROVEMENT OF BEACH CITIES' STREETS Banning Interests Agree to Open Gravel Deposit at lina Island The board of public works yesterday instructed the. city engineer to prepare special specifications for street improvements at San Pedro and Wil- This is a slight letting down of, the bars on street improvements, but only (or these two localities. It was recommended by W.

M. Humphreys, inspector of public I works, because there are no gravel or rock deposits anywhere near San Pedro or To haul gravel and rock such a distance would make the cost of street improvements, under the present city specifications, so costly that Mr. Humphreys fears all efforts to improve would stop. Specifications. for the harbor district will provide for natural soil street improvements which have- been discarded in Los Angeles for some time.

The Banning interests have agreed to open a gravel deposit at Catalina island for street improvements at harbor whenever the demand for the material Justifies such This is not likely to be for 1 some time- to come, and for that reason the board believes special specifications should be provided. I CLAIM BROADWAY TUNNEL CAR LINE BARRED BY DEED Highland Park Residents Petition for Garvanza Cutoff Running street car tracks through the Broadway tunnel is impossible under the terms of the deed by which the city acquired title to the tunnel land, according to a report submitted yesterday by the board of public utilities. The deed to the land, which was obtained in a compromise of a condemnation suit, specifically provides that no street cars shall bo Riven a franchise through the tunnel. This provision holds good for all time to come, unless the donor of the land will waive the condition. The Highland Park Protective association petitioned the council to advertise a franchise for sale through this tunnel for the Garvanza cars, as it would cut ten to fifteen minutes off the running time to Garvanza and partially relieve the congestion on Main street.

WILL DISCUSS DISPOSAL SURPLUS AQUEDUCT POWER Tracy C. Becker, formerly associated with Fra-eis J. Heney, will be one of the speakers at the meeting to be held tonight to discuss the disposal of surplus electrical power to be developed by the aqueduct. The meeting will be held in the council chamber and is open to the public. The mayor, council and board of public works, that will ultimately have to handle the matter, is anxious to get opinions of the public.

J. B. Lippincott, assistant chief engineer of the aqueduct, who was to have spoken tonight, will not be in the city. Ho special program has been arranged, and the dlnuaton will be left open to those who want to take part. Some proposition is expected to be made by the power companies to take over the surplus power and resell it.

SEVEN LAUNDRIES WANT LOCATIONS LEGALIZED Industrial districts will be discussed this afternoon by the public welfare committee, and the committee has extended an invitation for all persons Interested to meet with it and -make suggestions. One of the special features to be considered will be the seven laundries which are operating outside the industrial districts and the fire limits. A city ordinance makes it a misdemeanor to operate a laundry outside both these limits and the laundries want to have their locations legalized. The only way this can be done is by excepting their property from the residence district. NEW INCORPORATIONS Los Angeles Railway Howard Huntlngton, George C.

Ward, John J. Akin, J. E. Brown, W. K.

Dunn, S. M. Hasklns and Albert Crntcher, directors. Capital stock, subscribed, $20,000,000. Odell Manufacturing J.

Odell, Jerome A. Odell and Frank E. Odell, directors. Capital stock, subscribed, $600. Paris-Pacific Dye works J.

Hnck- varth, F. J. Meyer and E. Sheiks, directors. Los Angeles Oil Consumers W.

F. Bryant, C. E. Warner and J. O.

Conrad, directors. Capital stock, subscribed, $5. WANTS TO ADOPT BOY Otto Stephens yesterday Hied in tha superior court a petition for permission to adopt Arthur Dallmer, la years old. TO SENTENCE BANKER PITTSBUUG, Oct. Attorney W.

A. Blakoly announced toil ly that Kinil Winter, the bank president who pleaded no defense to ft charge of bribery In the disposition the depository graft cases, would called Into court October 29 for final disposition. Winter made hs plea on April 6 and was released on $50,000 bail that he might go abroad for medical treatment. Ayer's Sarsaparilla Power Coffee and Humor 1 Ip lu a CweTefs- "OHW-Lak. brand Fancy IVJ if.

always uniform JorouT S3o; dOzen- Thursday special, 2 pounds f0r.450 I Malne cans SMITHS BEST l.lend of the finest Coffees rown-a ci a ov, THI ways ready for your sampling per 1, ilAI' pound. i 5 500 PI MACARONI. SPAGIIETTI Oil" se Borax Chips, a. "Golden igm" arse 25c I "They speak for themselves- 4, Mule Team rj) I package 10c, 6 for I)ks-S- Boraxo Samijles )' Borax Chips, "Golden Crown" mammoth l-Vi'tF 2 "I( 8 lSe I size, sweet and CANE si 3 cans for 65c, dozen BO PERFECTION BRAND ASPARAGUS II i I.FFT srf No. 2V, cans, special, 2 for 35,.

18 lbs. for raj 3 for 25c; dozen l. 0( sack pa Apex brand Early FLAKED lbs. for 25c EM 3 for Ssc; dozen jl 35 HEAD lbs. for Columbine brand Sifted PEARL lbs for 1.1 3 for 10c; dozen 8160 I $1.35 per 100 fc SCULLYS PURE AITLB I 20-oz.

jars each, dozen 65 miSh 3 8-lb. stone jars BOc each, (AI'TOKMV FULL CKKAM 6-lb. stone Jars 75c each, doz. $8 25 CHEESE, per lb lg MINCE Dllworth's I'A, FCIX OBBAM Gotham per lU 2 for 45c vluiVi 2 "JS lM ORAXGEATE-Dellclous on a crack- Fancy So. Ts for ptHi or with bread and FRESH Kil TIKI i.

1-lb. glass jars 15c jar Green String Beans -i I. Imiii: per lb 500 Bpltzenbe-r 6m I Wttiiiiift froS 1 QUBEa Watsonvllle pft Ntllttflfi Arnire Brand. with luucy oiunea unves Sueet Ked Lar blie Bottle 25c FANCY I3IPORTED I ShLHBHHHKhS HOMEIO666vSUIStT.MAINB673* for You NOT WHAT YOU HAVE BEEN LOOKING FOR, BECAUSE YOU HAVE NEVER SEEN ANYTHING LIKE THEM INDISPENSABLE TO EVERY PROGRESSIVE WOMAN. THIS SET IS ALONE WORTH $2.00, TO SAY NOTHING OF THE MERITS OF THE HERALD, EASILY THE BEST AND CLEANEST NEWSPAPER PUBLISHED IN SOUTHERN CALIFORNIA.

ASBESTOS SAD IRONS FOR EVERY PURPOSE. Just hold your hand over an ordinary iron and feel the stream of heat rises from it. -y They say that one can cool his whole body by running cold water over his wrists. Doesn't it stand to reason that your whole body will become heated when your wrist is being bathed in the intensely hot waves which rise from an ordinary iron? Examine the sectional view of an Asbestos Sad Iron cut in half. You will note that the core or iron proper is covered with an asbestos-lined hood.

When the core is thoroughly heated, you clap on the hood the heat is bottled up. Polishing Iron has rounded Founce Iron for Ruffles, Laces, Sleeves bill to roll collars and cuffs and Iron Stand prevents scorching the goose bill extension being specially to bring back the luster to lin- board and does not mar the iron. adapted for, this work. en and mercerized goods. This elegant set-of irons will be de- livered to you on the payment of cents, provided you subscribe for The' Herald for three months, price which gives face of iron a PP 50 cents per month.

1 velvety ess- Asbestos Hood and Handle, i which prevents radiation of ir -r heat. yj The Number Is Limited The Best Premium Ever Given with a Newspaper Address Circulation Department Los Angeles Herald 3 TSfoW AMOTCT ItIVCStJg CLtH Misses Are Buying Autumn Sale These Clever Qfj Fall Coats No wonder fall business in our Misses' Depart- ''I' ment far outdistances anything we had ever dreamed of. No wonder, with such values as 4hese fall coats at $4.95. TX They are made of striped materials in the most UYUCfS attractive and practical sort of styles. Trimmed 1 with fancy buttons on pockets and cuffs; Broad- QXIGi 1 OJICt way price.

$4.95. We want you to recall.to mind that enormous announcement in last Tuesday's Express of COat eaterS: "I fZ the great Autumn Sale of Drugs and Toilet JgSK Goods. This small presentation of some of at iT today's specials- again proves the importance All sizes for misses. Blue, red, gray or of this annual event. Read every trimmed with large pearl buttons.

Second Floor, Glide's Pepto-Mangan 72c 15c Pkg. Lavender Camphor, Be, two away moths and insects. Women's Gowns g. of Flannelette 14c We picked $1.50 to be one of our strong- io Household Dnitrs 6c rest feature lines in women's flannelette gowns. All lUc Household Very heavy quality.

Plain white or striped Deep yokes, trimmed with wash braids. Other 4 rt -fnf flannelette gowns 50c and up. JOr nOIIUayS 111 women's muslin skirts Art Department flounces and under ruffle. Wide embroidery and ie scores suggestions which come from cluster of tucks are used as trimmings. Broad- our Art Department make Christmas selecway price $1.00.

tions an easy matter. Here are a few hints: 4 Stenciled Crash Pillowslips 65c Childrens Gowns 2Qn Of Stamped Aprons, 25c and 50c You might pay 39c and secure values no better. Stamped Bags, each -50c and $1.00 Deep yokes, trimmed with wash braid. Pink and Crochet Slippers, pair 98c and $125 or blue and white stripes. Fancy Cretonne Laundry Bags 50c wmic vi Embroidered Linen Handkerchief 3sc CHILDREN'S SWEATERS Blue, red or Embroidered Linen gray.

Sizes up to 5 years. -Third Floor.