The San Francisco Call and Post from San Francisco, California • Page 2

2 TERROR SEIZES MEN HIGHER UP IN POLICE PLOT Since Arrest of Lieutenant Becker Uncaught Grafters Are Scurrying to Cover Give District torney Names of Prominent Men Involved the underworld as the paid collector for Lieutenant Becker. Rose told District Attorney Whitman today that the collections which he made from the New York gambling houses and turned over to Lieutenant Becker averaged more than $600,000 per year. Rose retained a specified commission. he said, 'told me that he 'split' at headquarters." Hose believes that Becker did "split," and lie has given District Attorney Whitman the names of the men "higher up." are alleged to form the directorate of the New York gamblers' immunity clearing house. "HIGHER VPS" IS PANIC "Whitman withholds for the present giving names to the public.

He admits that Rose's statements concerning them are confirmed in part by Weber and Vallon. But so far," he said, "I have not the evidence necessary to convict in a court of law." He is now straining to get that evidence, working with the silent forces of William J. Burns and the groat detectives aids, bending every fiber of brain and body to ing guilt home to the men who stood behind the head of the arm" squad now charged with willful murder. Whitman's determination to bare every bone in the skeleton of criminal conspiracy has plunged the police department and the practical politicians into a statp of panic which defies concealment. Men who have hitherto walked thf streets of Gotham with their heads high in the air.

hurried to the offices of leading lawyers bright and early this morning with blanched faces and worried looks. CiEXTEEL CROOKS ARE They wilted when their eyes looked into those of strangers casually observing them. Every stranger was taken to be a Burns man, and the least unexpected sound for a dictagraph writing down their own words to confound them in court. Officials in high places and men whose least whisper iias been potential in politics are awaiting with fear eating at their hearts the next move to be made by Whitman and Burns. Deputy Police Commissioner Dougherty was the first arrival at headquarters this morning.

Dougherty is worried, lie wanted to know the names I 'high up" mentioned by Rose and the others. Whitman will not tell him. Weber and Vallon, who were to tell all they knew to Whitman, promised the district attorney that they would not open their mouths to Dougherty. Dougherty is at the head of the detective branch of the regular police. The tension grew worse when Jack Sullivan, alias for Jacob announced through his lawyer that he was ready to make a statement which would pin the conspiracy on three police f'fnViais higher than Becker; that every in this statement could be confirmed by incontrovertible proo' and that it would prove the most sensational disclosure yet made.

Following this announcement Whitman and Burns conferred for more than an hour. It is believed that Sullivan will have a chance to make good his assertions. FI.XDS BECKER AT BREAKFAST Early in the day a rumor got afloat Becker had committed suicide in his cell in the Tombs. Over rushed to the prison, drawn by this report. The wardpn visited the man charged with having murder done to and found Becker putting away a large and juicy tenderloin steak and trimmings.

When the people heard what Becker was really doing just at the moment they moved away laughing. Rose, Weber and Vallon spent a sleepless night in the room of Hugh J. Bierne, Whitmans eecretary, in the criminal court building, just a block away from the prison whither they feared to return after telling their stories. They told Whitman that men were planted in the tombs to put those "'snitched" on the police out of the way. Whitman had them guarded by his own detectives and process to the teeth.

The police of New York city could not be trusted with this essentially police York. In this room they had once more together the now famous "murder breakfast, which they took in the Turkish baths following the putting away of Rosenthal Cantaloupes, coffee, milk toast, eggs and buttered rolls. Rose smoked heavy cigars all night. Weber and Vallon consumed cigarette after cigarette. They never dared sleep until they were lodged later in the day under a special guard at the West prison.

Weber cried every now and then. HOW COXFESSIOXS CAME Weber was weak from the beginning, and Mrs. Weber, fat and fond of finery, has been disconsolate. One of her most affectionate consulting counselors, it is said, is a friend of quite recent date woman who has always thought a lot of "Bridgie'' and who has shown the sincerity of her Borrow -for Mrs. in numerous ways wnich only a woman can understand.

It was this lady, it is understood, who made Mrs. Bridgie see that Weber would be a fool to sacrifice himself for others. It was this lady, also, who advised the retaining of Max D. Steuer. lawyer, at $10,000, to look after Bridgie's interests.

Lawyer Steuer brought Weber to the confession, and the $10,000 fee broke the last strand of Rose's resistance. Jack Rose, the gilded sport of Broadway, was broke and a prisoner in the Tombs, the shadow of the electric chair nt his elbow, no high priced lawyer to help him battle with death. Becker's alleged "I will protect you" hung light in the balance. Rose found tongue, racing Weber and Vallon for first to the confessional. The lady who played this important part in putting- the Rosenthal crime "up to Becker," in paving- the way for the sensations yet expected to get "the men higher up," is said to be none other than Mrs.

Isabella Goodwin, otherwise "Mrs. Nick Carter," the woman detective, who is doing: more than all the police of New- York to piece together the tangled Bkein of the greatest criminal mystery of this metropolis. She Is said to be reporung direct to Commissioner Rhinelander Waldo. The mayor renewed his faith in Waldo in another statement made today. He also consented to the special investigation of the police department demanded by the board of aldermen.

Before leaving for their new prison, Vallon (or Valinski) and tlose NEBRASKA G.O. P. SPLIT Republicans Hold Two Conventions LINCOLN, July of Nebraska parted cotn! pany today, holding two distinct conventions, adopting opposite declarations of principles, selecting two state committees and paving the way for two state tickets. The break came after the seating by the executive cepmuttee of the old state committee of a majority of the progressive delegates whose seats had been contested by followers of President Tatt. This action gave the Roosevelt progressive faction control of the convention.

The progressives thereupon elected Governor Aldrich dtairman, and one of his first rulings was to declare out of order a resolution declaring the test of republican fealty to the national ticket. The ruling caused an uproar and protests, and, wfien Chairman Aldrich insisted on adhering to it, Taft delegates to the number of something more than 150 left the hall, to the accompaniment of jeers and cheering by the progressives. As they marched out the progressive delegates who had by the report of the committee marched in and took their places. Following the split the proceedings in the main convention went through with a rush. The resolutions adopted by the progressives are silent as to national and state candidates.

A new state central com' mittee was selected, the chairman to be named by the committee. had visitors. They were his wife in tears, silks and diamonds, and his brother Charlie, in smiles. This visit and the removal from the Tombs seemed to lift a load off the mind of the penitent gobetween. "Sow about the eats'?" he asked hie fellow captives.

Vallon observed that nature doth abhor a vacuum. Rose put a reef in his belt. Bridgie conversed with the "turnkey." Tbe latter got In touch with the outer office. Whitman's chief clerk telephoned a nearby restaurant. A menu card was brought in.

Vallon and Rose scanned it eagerly. "'Go as far as you like." said Bridgie, affably; "this is on me." Soup, chicken, ham, asparagus. a curry, spinach and egg. lobster salad, gooseberry pie, coffee and choice imported cigars, were chosen. After the Mocha and Havana, Bridgie turned to the captain of four waiters in attendance.

'Bring your check to me," he ordered. The captain hesitated, then consulted the outer office. "The district attorney's standing treat," he said, as he returned. "Good for Whitman." commented the now genial Bridgie. "He's a sport, he is." DOUGHERTY ISSUE'S STATEMENT Deputy Commissioner Dougherty delivered himself of the following statement this evening, replying to certain vague insinuations made by the confessing culprits and others: 'I have not had any supervision over Becker and never came in contact with him or his work.

It was outside of my jurisdiction. Rose said I was afraid of Dougherty, Becker's friend, and I did not want to take any chances. "But Becker was evidently telling Rnsc that he (Becker) could even square Dougherty, everybody, the district attorney. All of which lies, as far as I am concerned. "When thA investigation is finished it will be determined that I have never had any relations with Becker.

Everybody in and out of the department knows that I have nothing to do with GRAFT WAS f2.400.000 YEARLY The tabulated statement prepared by Rose gives the annual amount of the graft as $2,400,000. These figures are so appalling that at first it. was believed some error had been made. The accuracy of the sum has been verified, it is stated, by comparison of Rose's list with figures secured from other sources in connection with the investigations. This enormous toll was taken from the gamblers, the keepers of disorderly houses and gainers by vice of every description.

Today the last cord between the police and the district attorney's office was snapped. Whitman will give no information whatsoever to Waldo, or Waldo's deputy. Dougherty. That gauge has been flung down. From top to bottom, by inference.

Whitman declares the police department is not to be trusted. The four accused of having shared the graft millions are Becker, a newly made police headquarters inspector, an uptown inspector and a civilian employe of the department. Raymond Fosdyck, who has resigned as commissioner of accounts, is GIRL OF 13 KILLED IN AUTO TRAGEDY Child's Neck Broken in Crash; Two More May Die of Injuries ROSWELL, N. July Whiteman, 13 years old, daughter of Fire Chief Whiteman, was instantly killed; two persons were fatally injured, and three others seriously hurt this even- ing in an automobile accident just east of Roswell. THE INJIRED: B.

M. Wllkereon, skull crushed, in- ternal injuries. B. M. Wllkemon, internally in- jured.

Whiteman, city fire chief, left arm broken, right shoulder severely lacerated. Charles Whiteman, fracture of skull. Victoria Vault, bruised about head and body; extent of injuries not known. At the hospital tonight it was thought that Mr. and Mrs.

Wilkerson would not recover. The party had gone for a drive early in the evening through "Lover's Lane," a famous drive arched by heavy cottonwoods that lean over the road and knit at the top. One of the big trees had split during the day and was gradually falling. The automobile passed safely under the falling tree going out, but before the party returned the heavy trunk; had lowered itself nearer the ground, Returning at dusk, the automobile was I running at a rate of 20 miles an hour, with sidelights only. The top of the I automobile struck the tree a terrific blow, one limb of the tree breaking the girl's neck.

The occupants were thrown out of the car in all directions. Wilkerson and Lorene Whiteman were pinned beneath the machine. BANK CASHIER RUINED BY LURE OF THE PONIES COLFAX, July F. Schmidler, former assistant cashier of a bank at Uniontown, Washington, who was brought back from New York to answer to a charge of embezzling $8,500 of the bank's funds, pleaded guilty today in the superior court and was sentenced to nerve from six months to 15 years in the reformatory. It is said that Schmidler used the money in playing horse races at Alan, Idaho, and in Salt Lake.

He waa not arrested in New York, but was located by detectives and returned from the east with an official of the bank. THE SAX FRANCISCO CALL. WEDNESDAY, 31, 1912. expected to work under Whitman In his city cleaning crusade. Mayor Gaynor, will issue a call for a meeting of the board of aldermen to appoint a special committee investigate the charges that the police extort graft.

POLICEMEN ON DEFENSIVE Police Inspector Hughes admits he has heard it reported that he shared in graft money Lieutenant Becker is accused of having collected, but brands the repcy-ts as "unqualifiedly false." Patrolman William J. File, who was in the Metropole. off duty, when Rosenthal was slain, was put on trial at police headquarters for failing to capture the assassins and failing to make a report. Decision has been reserved. Joseph Immerman, Herman Rosenthal's brother in law, says a policeman was put in the gambler's house on orders through Commissioner Waldo.

received direct from the mayor; that the mayor believed Rosenthal was an informant of Magistrate Corrigan, and that Rosenthal was marked as a cambier who was to be driven out of business, no matter how many others were allowed to run without interference. It was currently reported around the city hall today, after a long conference between Mayor Gaynor and Commissioner Rhinelander Waldo, that Waldo has tendered his resignation, to take effect at once. Hot words were reported to have passed between the two. The mayor was quoted as reminding Waldo that his department was under fire; that he, its chief, could not. resign under fire.

"Go," he is said to have told the commissioner; "return to your duty and your desk and repair as far as you can the damage done by the arrest of Becker. Public excitement must be allayed." This report could not be confirmed. Neither Gaynor nor Waldo would discuss it. Waldo was very much subdued when he got back to but he would not say a word for publication. He was asked point blank if he had not offered to resign.

He smiled and replied, "Nothing at all to say." WALDO JUSTIFIES HIMSELF The commissioner explained that he felt justified in placing a great deal of confidence in Becker, because the latter had done good work under him when Waldo was a deputy under Blngham. Becker was sent after Schmit Berger's scalp then and he did some work that his superiors considered valuable, but it was recalled that Com-' missioner Bingham and Waldo parted company before very long, while Schmit Berger remained in authority as chief inspector. Police gossip points to the friendship between Waldo and Becker as one of the reasons why Bingham got rid of Waldo, and it is admitted by Waldo that as soon as he took full charge of the department he picked out Becker as a likely man to do work that was to be of a very confidential nature the suppression of gambling houses. Waldo admits that he had heard things which led him to suspect Becker of taking graft and the commissioner has told this to Mayor Oaynor; but he says it was impossible for Becker to "deliver" any protection, so it seemed 'mpossible for gamblers to be paying him for what he could not deliver. POOLROOMS HIT BY GRAND JURY Indictments Returned Against Three More Poolroom Operators The grand jury last night returned indictments against three more poolroom operators.

True bills were issued against A. Johnson, 174 East street, Joe Smith, 102 East street and H. Friedman, 11 East street. Evidence against these men was furnished by Detective Sergeant Joseph Redmond and members of the squad under him. The evidence was gathered by plainclothes men, who obtained tickets and in one instance a winning check was obtained.

Before cashing it, however, it was photographed, and when the winning's were paid the money was marked, to be used as evidence. The poolrooms operated by these men I were never raided, Redmond gathering the evidence and presenting it to the grand jury. There are a number of more cases still to be heard by the I inquisitorial body. Frank Dunleavy, poolroom operator, 166 East street, against whom an indictment was found last week by the grand jury is reported missing. When an officer went to arrest him he was gone.

Rumor has it that he has gone to Honolulu. WIFE SAYS HUSBAND GAMBLED AWAY JEWELS Emma T. Frisbee, Formerly of San Francisco, Divorced RENO. July T. Frisbee was this -afternoon granted a divorce by Judge Morgan after she had informed the magistrate that her husband, Howard L.

Frisbee, bad taken her jewels, including an heirloom of her mother, and after pawning them had gambled away the proceeds. Sbe also told the judge that he had beaten and abused her while they lived in San Francisco and that her life was made unbearable by his actions. CUT ON WRIST NEARLY COSTS VICTIM HIS LIFE BERKELEY, July Baker of 1031 Kains avenue bled nearly to death last night when he cut the artery in his right wrist on a window pane. He was hurried to Roosevelt hospital. Dr.

Clarence Page attended him, and Baker was sent today to the county infirmary USE OF SERUMS REVOLUTIONIZED "Intravenal Method" of Injection Discovered by University of California Savants Coatlaaed From Pace 1 known, directly into the clrcufatlon. 4hey produced more quickly the reaction In the animals. They have achieved what other scientists, especially in Germany, have been assiduously seeking, among them being Fornet, Muller. and others of great-reputation. Jf PREDICTED Doctor Gay is now collaborating In what may result 'In an even greater discovery, with Dr.

Glanville Y. Rusk, assistant professor of pathology. They are endeavoring to ascertain through experiments with the blood, exactly the action which produces the antitoxin. The scientists know that In disease the blood bffers resistance through the white corpuscles, which destroy Invading germs through the principle -of opsoninization, which stimulates the white corpuscles, and by other elements which mass the germs together for elimination. But of the particular stuff that the germs little is known.

It is hot known just how this is made, although science recognizes that -the disease destroying element is produced after the disease Is present. By their experiments Doctor Gay and Doctor Rusk expect to locate the body cells or blood, cells that prepare the resistant. Ehrlich, the German chemist, has been working on this form some time and believes that he has solved the problem. EHRLICH TEST NOT COMPLETE Gay and Rusk write that "Ehrllch's hypothesis has in no instance given direct proof that any particular of cell gives rise to any given antibody." Other scientists who failed in this test were Wassermann and Takaki. who apparently proved by experiments that 1n tetanus, the toxin was absorbed into the nervous which developed increased resistance and outfought the disease.

They thought they knew the way to the cure. But Doctors Gay and Rusk find that subsequent experiments show exactly the opposite effect. Their experiments are undertaken to find what body cell fights a particular disease. To do this, they have first immunized rabbits against a disease. Then they have injected the toxin of that disease Into the rabbit, seeking to find before the toxin producers infest the blood just what cells of the blood or body are making the fight.

In a word, their experiments seek to conquer disease by getting back to the most primary principle of resistance to disease. rare disease: elabobatd Doctor Rusk is the author of a monograph just issued from the university laboratory of pathology and bacteriology, describing a- rare fungus disease of human beings which has mystified doctors where it has not been detected because of insanity. The disease is of the skin, and two cases described in the pamphlet ended in insanity, paralysis and death. The infection developed from a virulent membranous affection of the lungs into meningitis, attacking the base of the brain and the spinal cord. Doctor Rusk gives it as his opinion that other cases have not been properly diagnosed, but have been lost under the name of "insanity." ALLIED PRINTING TRADES CLUB OPENS QUARTERS Co-operative Association to Maintain Place of Rest With a program of speeches by officers, followed by a vaudeville program and jinks, the clubrooms of the Allied Printing Trades' club were opened last night at 46 Geary street, marking the formal organization of the new club.

The club numbers about 200 members, all of whom are stock holders. Articles of Incorporation were filed by the organization last month. Only men connected with the allied printing trades and belonging to the union of their branch are eligible to membership in the club. It will be operated on a co-operative basis, the principal idea being to maintain a place of rest and recreation for the members. The clubrooms have been furnished elaborately, the floor occupied by the club having been remodeled to form the quarters for the organization.

A library, pool tables and large, leather covered chairs are features of the furnishings. It is planned to install a grill and also utilize another floor for the use of the club. The officers of the Allied Printing Trades' club are: C. W. Thomas, president; Emil Dengel.

rlee president; O. 11. Miekel. secretary; C. Thomas, 8.

T. Sawyer. H. Miokel, E. L.

Bangs and Emil A. Dengel, members of tbe board of STEEL CORPORATION ISSUES STATEMENT Net Income for Quarter Is Placed at $18,429,294 NEW YORK, July financial statement of the United States Steel corporation for the second quarter of the current year, ending: June 30, was made public today. Earnings for the quarter totaled $25,102,265, after deducting: all expenses incident to operations. Net income, generally known as net earnings, amounted to After deducting Interest for the quarter on outstanding bonds and payment of the regular dividends on the preferred and common shares, there isjieft a surplus for the quarter of $56,483." Small as this surplus is, it compares most favorably with the showing in the quarter immediately preceding. CRACKSMEN ATTEMPT TO LOOT MINE SAFE Robbers Frightened Away While Working for Rich Prize REDDING, July time in the night cracksmen attempted to break open the safe in the general offices of the Mountain Copper company at the Iron Mountain mine.

No dynamite was used, but with hammers and chisels they attempted to open the big safe. They smashed the lock and disarranged the combination, when, probably being frightened, they dropped their tools and ran away. Workmen today drilled entrance to the safe. Nothing was missing, though several thousand dollars were in the safe as a prize for the robbers had they been successful. "GUIDE" CONVICTED FOR CARRYING FIREARMS Dispatch to The UKIAH.

July first conviction in this county by a jury trial with the California fish and same commission plaintiff was made today when W. P. Holllngsworth, a local resident, was found guilty of hunting without license. Hollingsworth was arrested some time ago by Game Warden Milter, pleading he was acting only as guide, but had firearms in his possession. He paid a fine of 130.

"Bull Moose Special" OH for Chicago Today- Dupatch to The SACRAMENTO, Jnly the of Gmrenw Hiram between aad forty proeresatrea will mm a aeettoa of the Overlaad Limited tomorrow CUeaco attend the coaveatloa Aacaat Tfce gorenor exaeeta to be away twelve aad will deliver ealy apeoeh outside of fae aad that la nilaola la of the arocrcaa. Ivea there. The "Ball Moose Special" will carry the a partial llatt Ooreraor Hiram W. Johaaoa, Caartea 8. Wheeler, Philip Baaeroft, Praada J.

Heaey, Meyer Uaaaer, Cheater H. Rowell, Dr. Geora-e C. Pardee, Prof. G.

Marx, H. W. Braadlse, S. S. Me- Cafaill, Prof.

O. W. Bunnell, Alex Gordon, 6. B. Danlela, Edwin Bath, E.

Chuhbnck, K. W. Bnrfce, A. W. Ham, C.

P. Blackstock, Mr. aad Mra. F. B.

Kellow, Bash, E. Voorheea, E. F. Brfsa-a, Mr. aad Mra.

R. H. Yoona-, Or. W. 6.

Stone aad H. Demott. HIGHWAY ROUTED TO BUY T.R. VOTE Hanford Must Nominate A. V.

Taylor for Assembly to Complete Pact Continued From Page 1 up, as the route Indicated runs for miles through an alkali desert, when on either side a few miles away lies a rich country, which would be unknown to travelers on the big boulevard. double: cross suspected And then came Governor Johnson home from the Chicago convention. According to the report that is given out by the progressives of the county and substantiated by highway surveyors working from this end, Johnson held a meeting with the state highway commission and the route was voted changed to rftn from Selma to the city limits of Hanford. This was where the deal was consummated. One Roosevelt elector for state highway routing.

No official announcement was made of the change, however, and TuJare, which was placed on the original 'down the Southern Pacific, did not seem to be worrying over the fact that apparently that city had lost the road. This leads many to the belief that either Hanford or Tulare is to be double crossed and that the same promise has been made to both cities. The fact that politics was behind the change did not leak out at once, although it was the opinion of many that a job had been put up. Monday, however, the bald fact was announced to voters by Henry Cousins of the county commission that the routing was changed with the understanding that Hanford was to get the road for sending a Roosevelt man to the assembly. RESULT OF CONFERENCE What adds to the proof is the fact that A.

Taylor did not come out for the assembly until it was known that the routing had been changed, and not until the conference at Sacramento. R. A. Moore, the regular republican candidate for the assembly from this district, was approached by progressives before Taylor announced his candidacy. They agreed to support him if he would bind himself to vote for Roosevelt.

This he declined to do. It was with the hope that a Roosevelt man and highway could be assured by all republicans progressives and those working for state highway made this proposition. In Tulare county it appears that the grooming is going on to send a man into the assembly race who can hold the road for Tulare and secure a vote for Roosevelt. The man being groomed is G. W.

Wyllle. who some time ago abandoned his senatorial ambitions, it is said, at the command of the powers, to again run for the assembly after he had announced his intention to quit the state legislature. WARRANT ISSUED FOR ALLEGED AUTO THIEF R. S. Davis of the Oakland Motor Car company, 642 Van Ness avenue, appeared before Police Judge Sullivan yesterday and swore to a warrant for the arrest of John Sullivan on a grand larceny charge, alleging that on July 28 Sullivan stole an automobile valued at $2,350.

FIGHT FOR VAST ACREAGE RENEWED Uncle Sam Holds Hearing in Suit lor Forfeiture of Vast Area in This City Ceatismed from Page 1 attorney for the railroad company, failed in an attempt to have the case heard in secret "Do you want the newspaper reporters in here?" he asked in a low undertone as he leaned over toward William Fenton, another attorney for the railroad company. "We can put them out easy enough. They won't report the truth anyway and will write what they please." Fenton looked across the table to B. D. Townsend, special assistant to Attorney General George W.

Wickersham, and asked his opinion. "I think by all means this should be a public hearing," said Townsend. The hearing is being held before Miss M. A. Fleming as a special examiner.

Associated with the railroad attorneys is former United States Senator John M. Gearin of Portland, who is representing the Union Trust company. Frank Griffith, a special employe In the department of is with Townsend. This is the biggest lawsuit in point of acreage and value in the history of the country. Judge Wolverton of the United States district court decided in favor of the government on demurrer, but the defendants proceeded to answer and now full testimony is being taken.

SALBS IN LARGE PARCELS The bill of compjaint charges that prior to the filing of the action in September, 1908, the railroad company had sold 820,000 acres, of which 526,000 acres were in parcels exceding 160 acres. Of that amount 400,000 acres were sold to single purchasers in parcels exceeding 1,000 acres. Among the larger sales was one of 77,000 acres to the Booth-Kelly Lumber company. Approximately 60,000 acres were sold to A. B.

Hammond of San Francisco and his various milling companies. There were several other sales ranging from 10,000 to 40,000 acres. The lands were sold at prices ranging from $5 to $40 an acre. The government charges that these transfers were made in violation of the terms of the grant that the land should be sold to actual settlers in quantities not exceeding 160 acres and at not more than $2.5 ft per acre. UNSOLD PORTION WITHDRAWN On January 1, 1903.

the railroad company withdrew the entire grant remaining unsold, amounting to acres, thus, in effect, selling the land to itself as a permanent estate. If unmolested by the government, the railroal company would control not only the transportation facilities, but the production in Oregon from Eugene to the California state line. The government has sued to enforce a reversion to the domain of the 2,300.000 acres still held by the company upon the ground that a forfeiture has resulted from violation of the grant restricting the sale of the lands to actual settlers in limited quantities and for a limited price, and also from virtually appropriating by its actioa of January 1, 1903, the entire remainder of the granted lands which had not been sold. B. A.

McAllister, land commissioner for the Oregon and California, the Central Pacific and the Southern Pacific, was the only witness examined yesterday. He was land commissioner of the Union Pacific from 1890 till September 21, 1908, when he came to this city and accepted his present position. He testified that he kept a full record of the land grants and that there had been no sales of importance since the government instituted the present suit. In response-to questions by Attorney Fenton he said that it had always been the policy of the company! to induce settlement by every means! possible and that it would have been the policy of the company to offer the lands for sate if the suit had not been instituted by the government. The hearing will be resumed this forenoon at 10 o'clock.

R. R. Manuals Submitted Dispatch to The WASHINGTON, July a strong point has beeji gained against the Southern Pacific and the Kern Oil and Trading company in the $18,000,000 oil land suit was asserted by officials of the department of justice tonight, following a brief hearing held today in the rooms of the commerce court. They say that they have swept away one of the defenses in the billion dollar suit that is to follow. The hearing today was devoted to the introduction of manuals and regulations for the use of stock holders compiled by the Southern Pacific from 1902 to 1907.

It was shown in these manuals that the Southern Pacific company was controlled by the Southern Pacific company of Kentucky. ALL JAPAN UNDER PALL OF MOURNING Emperor and Ministers Prepare for Ceremonies of Funeral and Accession TOKYO, Inly great state ceremonies in connection with the change in the rulership of the Japanese empire caused by the death early yesterday morning of Mutsuhito and the accession to the throne of his son, Yoshihito, were continued today. The announcement was made at an early hour of the name under which the new era is to be known. The new designation is to be Taisel in place or Meijl, as it was during the reign or Mutsuhito. Calm reigns through the empire today.

All the people have put on signs of mourning. Festivities and public functions have stopped. In the meantime the great state functionaries confer almost constantly at the imperial palace upon arrangements for the funeral, the ceremonial of the official mourning and tne lying in state. It is expected that all of the members of the cabinet will offer thelf resignations, as Is eufiomary when a change of rule occurs. The new emperor and' empress, as well as the dowager empress, remain in virtual seclusion.

The emperor left the palace shortly before noon yesterday, proceeding to his former residen.ce at Aoyama. Prior to leaving he received the premier and Prince Yamagata and requested then' to continue their best efforts on beha of the emperor and the country and to communicate his desires to their colleagues. The emperor will receive all the state ministers and naval and military officers today. Emperor Cables President WASHINGTON, July Taft, accompanied by his aid, Major L. L.

Rhoades, called at the Japanese embassy today and expressed in personto Ambassador Chinda his deep regret at the death of Emperor Mutsuhito. The president today received the rotlowing cable message from Yoshihito, the new emperor of Japan: "I am deeply touched by your sympathetic message offer you my sin; cere thanks." From the empress dowager, (Haruko, the president received this mesage: "I am deeply touched by your kind message. Pray accept my sincere thanks for the heartfelt sympathy so cordially expressed by you and Mrs. Taft on this sorrowful occasion." Mourning in Hawaii July 30. Japanese in the Hawaiian islands will observe a solemn holiday on tfie occasion of the funeral of the late Emperor Mutsuhito.

it was announced today. Meanwhile from every Japanese home, down to the thatched cottages of fishef men and plantation laborers, the red and white flag of Japan is flying at half mast from draped bamboo poles. MAN OF 82 CONVINCES COURT THAT HE'S SANE Railroad Owner Opposed by Daughter and Son's Wife Dispatch to The CHICAGO, July Henry Harms, 82 years old and worth $900,000, was declared sane today by a jury of four physicians after being irresponsible and not able to take care of his estate for year. His daughter and daughter in law contested the suit. They originally had him adjudged insane and the care of his estate made over to trustees.

Because of Harms' advanced age the court today suggested that for the present his estate be continued in the management of the trust company. Harms is the owner of the Galesburg and Great Eastern railroad and the builder of the old Chicago hall. He was declared insane in September, 1911, on the charge that he tied a string to the tail of a dead rat and dragged it across the floor, and attempted to throw a man out of a window. FORMER EXPERT ON POLICE FORCE DEAD Thomas W. Bethell Reaches Age of Seventy Years Thomas W.

Bethell, aged 70 years, former member of the police department, died in this city yesterday. The funeral will be held tomorrow afternoon at 1 o'clock under the auspices of King Solomon's lodge, 260. F. and A. at King Solomon's temple.

1739 Fillmore street. Many years ago Bethell was in charge of the identification of the police department in this city. His faculty for remembering faces made him invaluable to the service. Besides being a mason, Bethell Tvas a member of the' Veteran Policeman's association and the Widows' and Orphans' association. He is survived by a daughter, Mrs.

Thomas J. Morton. A. CYRIL GRAHAM £minent top Musician, Director of Har- mony. Summer School Session, University of pife' California, Writes as Follows, of the The Wiley B.

Allen 60., JU 29 San Francisco, Cal. Gentlemen: Jt is a pleasure to me to testify to the noble character oi the Mason Hamlin Pianos, which have been furnished for my use during the Summer School term of the University of California. My enthusiasm for the Mason Hamlin Pianos is founded on a continuous test of their superb qualities, which test has covered a period of several I unhesitatingly pronounce them the finest pianos in the world. Wishing you continued success, I am, very truly yours, (Signed) A. CYRIL GRAHAM.

Mason Homla PUnos Arc SoMOniy by Our Storm. YICTOB TALKING MUSIC Two Entrances 136-168 Kearny and 217-235 Sutter St Twelfth and Washington. San South First.