davidaulloa/AmericanStories huggingface dataset:
Los Angeles herald., 1905-02-17
EXTRA SESSION
PROBABLE IN MAY
PRESIDENT URGENT FOR RATE
LEGISLATION
signs Point to the Speedy summoning
Of Congress N the Senate Falls
to Pass Townsend
Eseh Bill
speclal to The Herald.

Special To The Herald.
WASHINGTON, Feb. 16--That there
will be an extra session Of congress to
complete railroad rate legislation If the
senate fails at this session to pass the
Townsend -Esch bill has for some time
past been regarded as certainty. But
for the last two weeks at least it has
been taken for granted that the extra
session would not be called by
the president until the fall. This as
sumption has been based largely on
the fact that the president has con-
tinued his preparations for his south
ern trip, on which he will start the
latter part of March and which will
keep him away from Washington for
six weeks, If not longer.
There were developments today in
dicatlng strongly that the president
may call an extra session in the
spring, Notwithstanding his southern
trip. He may bring congress together
in May If the senate fails, as now
seems certain, to enact any railroad
rate legislation before March 4.
Representative Townsend of Michi-
gan, one of the authors of the Town
send-Esch bill. was at the White
House today to talk with the presi-
dent about the outlook for that meas
ure in the senate. After he returned
to the capitol Mr.. Townsend declared
1t was certain there would be an ex-
ira session if the senate failed to pass
a railroad rate bill before the end of
the present session. He declared,
moreover, that no final decision had
been reached by the president as to
the time the extra session would be
called. 1t had not been settled. as
seemed generally believed, that the ex-
ira session would not be held before
the fall.
1t was rmarked significantly by Mr..
Townsend that important developments
in the matter might be looked for in
the next couple of days. 1t is believed
the president will let 1t be known
shortly that, If the senate continues
to hold up the Townsend-Esch bill, he
will call an extra session in May to
pass it. This is found to be the be-
lief prevalent among senators who IA
vor railroad rate legislation, Demo-
Gratis as well as Republicans.
Los Angeles herald., 1905-02-17
SUPREME COURT RULING
JEOPARDIZES DIVORCES
InterIocutory Decree Must Have Ex-
listed Year Before Final
Decree Is Granted
BY Associated Press.

BY Associated Press
SAN FRANCISCO, Feb. 16-The
supreme court has handed down a
decision which, it is asserted, will in
validate many final DEGREES of divorce
1t is declared that no valid final decree
can be entered until the interlocutory
decree has actually been in existence
for a year.
Many lawyers have prepared and had
the judges sign the interlocutory de-
cree Immediately after the granting
of such a decree, and there are in
stances where no action was taken by
the attorney until the time came for
entering the final decree. Both inter-
locutory and final DEGREES have been
entered nunc pro tune, which means
that, though the document may be
signed and filed today, it is dated back
and given the same effect as though
signed and filed on prior date.
This practice the supreme court says
must cease.
The ruling was made in an action
brought by P. Claudius to obtain a
writ of mandate against Judge Henry
A. Melvin of the superior court of
Alameda county. The decision was
written by Justice Shaw.
Los Angeles herald., 1905-02-17
BATTLE-TORN COLORS TO
WAVE AT SACRAMENTO
First California Regiments Flags to
Be Installed in the Rotunda of
the Capitol

By Associated Press.
SAN FRANCISCO, Feb. 16. - On
Washington's birthday there will be a
picturesque ceremony, beginning in
this city and ending in Sacramento, in
connection with the formal delivery
over to the state of the battle flags
of the First California regiment.
On the morning of Washington's
birthday the colors will be escorted to
Sacramento by picked company of
the regiment in full uniform and under
arms. Reaching there, the escort,
headed by Colonel George Filmer, will
march to the State House, where Gov
ernor Pardee and other state officials
will receive the battle-t torn flags and
tremendously install them in the ro-
tunda of the capitol.
1t is the intention to secure also
the war colors of the old California
regiments, such as the Seventh and
Eighth, which were mustered into the
United States service during the Span
ish War.
In future all regiments as they are
mustered out after war service will be
asked to deposit their colors in the
capitol rotunda.
Los Angeles herald., 1905-02-17
SULPHUR WORKS EXPLODE,
INJURING MANY WORKERS
Factory Inmates Hanging From the
Windows-Firemen Overcome
by Deadly Fumes

BY Associated Press.
NEW YORK, Feb. 16.-Eight work.
men were badly injured by an explo-
sion of sulphur in the Brooklyn Sui
phur works today. Firemen and
policemen who brought them out of
the building were themselves much
affected by breathing the sulphur
fumes, and at one time ten firemen
were lying on the sidewalk with ambu-
lance surgeons administering restora-
tives. 1t is believed four Of the in
jured workmen will die.
The first explosion was quickly fol-
lowed by a second and in a minute the
whole three-story building was in
flames. A number of workmen were
caught where there were no fire es-
capes and had to jump to the ground.
When the firemen arrived men were
hanging from the windows and were
taken down with the aid of scaling lad
ders.
The explosions are supposed to have
been caused by a spark struck from a
nail that had got into the mechanism
of one of the sulphur grinding ma
chimes.
Los Angeles herald., 1905-02-17
Japanese Using Siege Guns
BY Associated Press.

BY Associated Press.
SHENKING, Manchuria, Feb 15.-
delayed in transmission). The Jap
anese yesterday and today fired on
Poutiloff Gone Tree) hill with 250-
pound projectiles from eight-inch guns,
indicating that siege guns from Port
Arthur have been placed in position.
A new situation, therefore, confronts
the Russian center.
The general situation appears to be
more uncertain, as well as somewhat
complicated The present open wea-
ther indicates an early spring.
In some parts of the opposing lines
there is unusual familiarity between
Russian and Japanese officers, who
form parties and entertain each other.
At Linshenpu the Japanese cheered the
Russian band.
Los Angeles herald., 1905-02-17
BRIBERY INVESTIGATION
Denver Legislature Orders Commit
tee to Continue Inquiry

BY AbsOCIdItu ITeSS,
DENVER, Col, Feb. 16,-Investiga-
tion of the alleged bribery and intimi-
dation in connection with the eight
hour bill before the legislature has
been abandoned. The committee ap-
pointed by the house to Investigate the
charges made by Representatives j, F.
Milton and C. e. Street, Democrats,
reported today that these two members
had retracted and apologized for their
remarks rejecting on their fellow
members. and recommended that the
incident be closed.
The house refused to accept the re-
port and ordered the committee to con-
tinue the investigation.
Los Angeles herald., 1905-02-17
Russian Cavalry Becoming Active

BY Associated Press.
GENERAL OKUS HEADQUAR-
TIERS, Feb. Is, via Busan (Delayed).-
parently again begun activity on the
Japanese left. Details regarding the
strength and movements of the cav
airy have not yet been obtained, yet
the utter failure of the last raid in
duces the belief that little is to be
feared from the present attempt. On
the front of the line it has been alb
solutely quiet for several days. The
weather is rapidly moderating and the
snow is practically gone.
Los Angeles herald., 1905-02-17
SUPREME COURT DECISION
RESPECTING OIL LANDS
Novel Point Ruled On and New Trial
Granted to Southern Pacific
Cornpanv

0ONNFNNI
Special 70 The Herald.
SAN FRANCISCO, Feb. 1e.-The
supreme court reversed the decision Of
the lower court Of Los Angeles county
in a suit brought by the Southern Pa
cihc company against the San Fran
cisco Savings Union and George f.
Becker to condemn a right of way for
the relocated railroad Of plaintiff in
the county of Santa Barbara.
The strip sought to be condemned
consists of about two-thirds of an acre
of land in the Summerland oil district
belonging to the bank named, Becker
also having an interest.
The case was tried before jury and
a verdict rendered in favor of the de-
PENDANTS. The plaintiff moved for a
new trial. and from the order denying
it's appeals.
The main point on this appeal Is
one that has never before been pre-
sented for determination by any court;
that is, the question as to the proper
measure of value which should be ap-
piled where an easement Is sought
over oil-bearing lands The supreme
court holds that where a right of way
is sought to be condemned over the
strip of oil-bearing land the valuable
rights which are owned by the defend-
ant when the condemnation proceed
ings were inaugurated and which the
condemning party does not acquire
are not lost to the defendant owning
adjoining land by reason of the con-
demnation. The railroad company ac-
auires the permanent and exclusive
control of the surface of the land, but
nothing more.
Los Angeles herald., 1905-02-17
SOLDIER BADLY STABBED
Tragic Outcome of San Francisco
Saloon BraWl
Ry Associated Press.

BY Associated fTess.
SAN FRANCISCO, Feb. 16.-Philip
Hogan, a private in company II,
Eighteenth infantry, is dying from
wound fully three feet in length, the
result of being stabbed and slashed
in a brawl that occurred in the shadow
of the Preside gates. One wound ex-
tends from the left shoulder to the
leg. There is also a severe incision
in the left side.
The soldiers had received their pay
and many of them were spending their
money in the saloons just outside of
the military reservation. At one of
these places the stabbing occurred, but
the exact place and the identity of
Hogan's assailant are unknown as he
is unable to make a statement.
Los Angeles herald., 1905-02-17
SAN FRANCISCO CHOSEN
FOR WIRELESS" PLANT
Installation to Be Made Connecting
the Co1st With Panama, Cuba
and the Orient
BY Associated Press.

BY Associated Press,
SAN FRANCISCO, Feb. ia rep
resent ative of a wireless telegraph
company is here arranging for the in
stallation of a plant for communica-
ton with Panama by a direct coast
route, and by way of the east via
Denver, Kansas City, Chicago, New
York. Key West, Porto Rico and Cuba.
Following this, direct communica-
ton will, it is said, be perfected be-
tween this city, the Philippines, the
Orient and the Hawaiian Islands.
An effort is now being made to Sc
cure the sites for the necessary sta
tions in this city or in it's vicinity
Los Angeles herald., 1905-02-17
Japs Said to MaItreat Prisoners
BY Associated Press.

By Assoclated Press.
Mountain, Manchuria, Feb. 16.-Of-
ficers of General Mistchenko's division
have received news that Prince SWAT
opolkMirsky, a relative of the former
missing, was captured by the japanese
in May of last year while trying to
penetrate in the rear of the Japanese
army. He was stripped naked and led
through the streets of Feng Wang
Cheng, was insulted and then was con-
fined in a dungeon for several days
without food. Other reports of the mis-
treatment of prisoners are current
Los Angeles herald., 1905-02-17
CAVALRY RAIDS
REPULSED BY JAPS
SIEGE GUNS FROM PIT. ARTHUR
AGAIN IN ACTION
Russians Claim That Prisoners Have
Been Cruelty Maltreated-A
School for Chinese
Spies
nv Associated Press.

nv Associated Press
TOXIC. Feb. 1e.-The following dis
patch was received today from the
headquarters of the Japanese armies in
Manchuria:
"Tn the direction of the Shakhe river
our artillery February IA bombarded
Chiensunmapaotzu and set fire to that
village. The enemy's artillery in the
neishborhood of San Chengtzu noun
tain replied.
"During the night Of February IA, a
section of the enemy's infantry at
tackled waito mountain and at dawn
February Is battalion attacked Wal
toa mountain, but the Russians were
entirely repulsed.
''In the direction Of Chintiazu on the
morning Of February Is five hundred
of the enemy's cavalry advanced into
Santaitse from shengtsaimen, three
miles northwest of Chitaitzu. Another
force of cavalry advanced south along
the right bank of the Hun river Feb
ruary IA and passed the night in the
neighborhood Of Chenchiawaitzu. plac-
ing outposts in the vicinity of Ka-
vehangtzu.
Before theh arrival of our detach-
ment dispatched to dislodge the
enemy, his force began to retreat
north. Our detachment quickly pur-
sued him towards Heyukou, inficting
some damage The enemys artillery
taking up a position in the neighbor-
hood of Wanchiawopeng, covered his
retreat. The enemy's strength was
about ten squadrons of cavalry and
artillery"
Los Angeles herald., 1905-02-17

or its individual members as consult
ing engineers, II he shall so desire.
Authority to condemn 1924 shares Of
stock in the Panama railroad now in
the hands Of private owners Is carried
in the bill, and the president is au-
thorized, when full and complete con-
troll Of the railroad is acquired, to
operate 1t through such persons as he
may select in order that the road may
be used as far as is necessary as a part
of the construction work on the canal.
Los Angeles herald., 1905-02-17
convaIescents at chefoo

By Associated Press.
CHEEFOo, Feb. les steamer with
II non-combatants arrived here today
from Port Arthur. Very few nom
combatants remain at the place.
Convalescent soldiers totaling $500
will begin arriving at Chefoo Febru-
airy 20. The local Russians are indig-
nant, claiming that they are unable to
care for the healthy, let alone invalids.
The Japanese say they lack means of
transportation to take the invalids to
Shanghai.
Los Angeles herald., 1905-02-17
Humboldt Harbor improvements

BY Associated Press.
EUREKA, Feb, 16.--Steps toward re-
building the Humboldt Bay bar jetties
have been taken by the chamber of
commerce President II. l.. Kicks OF
the chamber has presented a memorial
urging that data be collected showing
why rebuilding is necessary and sug-
gesting that plan be evolved looking
to carrying out amy measures that may
be adopted
Los Angeles herald., 1905-02-17
Will Not Run Blockade

BY Associated Press.
VICTORIA, b. c.. Feb. 16.-The Brit
ish steamship Brinkburn, which has
been lying In Royal Roads loaded with
contraband from San Francisco for
Vladivostok, has had her orders can
celled and sailed for San Francisco
today. The instructions came from
the owners In London last night and
apparently have been given owing to
the recent seizures of eontraband car
riers by Japanese warships
Los Angeles herald., 1905-02-17
FOLSOM GUARDS WARNED
Receive Information of New and More
Extensive Outbreak

BY Associated ffess.
SACRAMENTO, Feb 16.-Ohicers Of
the guard line of Folsom prison state
that they have received assurances that
the dissatisfied and dangerous element
among the prisoners are endeavoring
to foment plans for another break.
This time the prisoners hope to have
arms secreted for them within the
line, by outside confederates.
They also will try to get hold of a
quantity of dynamite and like explo-
sives, and If they succeed will give
battle to the guard line. They declare
it will be no knives in theirs when
they again break.
Los Angeles herald., 1905-02-17
SMALLPOX IN ILLINOIS
Smithfield Quarantlned in conse-
quenee of Epidemic

PEORIA, ILL.,, Feb, 16-Smithheld, a
village forty miles west of here has
been quarantlned because of the prev
alence of smallpox. The last means
of communication with the outside
world was cut off when the telegraph
office was closed by the illness OF the
operator.
Scores OF deaths have occurred and
the state officials have prohibited the
stopping Of trains at the village.
Los Angeles herald., 1905-02-17
Training School for Spies

BY Associated Press.
MUKDEN. Feb. 16.-Seventeen Chi
nese have been arrested here charged
with being Japanese spies. Documents
were found in their possession showing
they were trained in a school estab-
lished by Japanese to qualify them as
spies. They will be tried by court
martial
Los Angeles herald., 1905-02-17
HOUSE ASSERTS ITS RIGHTS
Protests Against Senate's Action In
Originating Revenue Legislation

originating Revenue Legislation
BY Associated Press.
WASHINGTON, Feb. 16-Before
taking up the naval bill the house en-
tered an emphatic protest against the
action of the senate, amending the ag-
ricultural appropriation bill so as to
eliminate the drawback feature of the
Dingley tariff act affecting wheat.
Both Mr. Payne of New York the ma
jority leader, and Mr.. Williams of
Mississippi, the minority leader urged
that the bill be sent back to the senate,
which was done by mans of a resolu-
tion adopted by a vote of 261 to 8.
State as Manufacturer
When the item in the naval appro-
priation bill appropriating $15O,oOO for
the purchase and manufacture of re-
serve guns for ships was reached, a
lively discussion ensued over the sub
ject of governmental manufacture of
guns, an amendment by Mr.. Hill of
Connesticut to eliminate the authoriza-
tion that the government manufacture
the guns being responsible for the
controversy. In supporting the amend
ment, Mr.. Sibley of Pennsylvania de-
clared that government manufacture
of guns tended in the direction of So
cialism. The amendment was defeated.
An unsuccessful attempt was made by
Mr.. Fitzgerald of New York to strike
out the appropriation of 100000 for
coaling stations. Mr.. Baker of New
York declared that the proposition for
coaling stations had its inception "in
going out and looking for trouble"
Canal Zone Bill Passed
The Mann bill to provide a govern
ment for the canal zone was passed
without further discussion. The bill
gives all the right of government OF
the canal zone to the president until
the end of next congress, but provides
that the government shall be so exer-
cised as to protect the inhabitants In
the free enjoyment of their liberty
prosperity and religion. 1t abolishes
the Isthmian canal commission ant
places the work of the construction o.
the canal in the hands of the presiden
and such persons as he may appoin
and employ. 1t does not undertake
to determine whether the canal shall
be constructed as a sea level or lock
, level waterway.
1t is also provided that the person.
appointed by the president both in tn
government of the canal zone and II
, charge of the work of construction
shall make annual estimates in detail
as far as possible of the items neede'
for the ensuing fiscal year and say
that after June 80, 1906, and that n
money shall be expended ON the cana
or canal zone government except in ac
: cordance with appropriations herein
after made. thus doing away with tn
lump sum appropriation carried by ex
5 sting law.
Reports to Be Furnished Regularly
5 Frequent reports to the presiden
e and to congress Of the progress Of tn
4 construction az well as OF the expendi
Q lures OF money are required.
While the bill abolishes the cana
4 commission so far as the law is cor
e cerned, II authorizes the president
retain the commission as commissio
Los Angeles herald., 1905-02-17
EVIDENCE in swAYNg CASE
Senate Hears Legal Arguments on
Admlssbility of Statements

Admlssibility of Statements
BY Associated Press.
WASHINGTON, Few. 16.-The senate
gave almost its entire attention to the
Swayne impeachment trial. Two
hours and half of the time given to
that case was spent behind closed
doors, considering the admissibility of
the statements made by Judge Swayne
before the committee of the house Of
representatives. The point was argued
at length by number of lawyers of
the senate.
1t involved construction of the statute
of 1862, which provides that a state
ment made by witness called before
n congressional committee cannot be
used against him in a criminal pro-
ceeding in a court. Senators favoring
the admisslbility of the statements
contended that the impeachment pro-
ceedings are not criminal i'm character
and that the senate is not a court in
the sense in which that word is used in
the statute. Senator Bailey presented
this view at length.
Los Angeles herald., 1905-02-17
Daniel H, Mccarthy, New York

TIN NFHVIIdIVH TTta1
NEW YORK, Feb. 16-Daniel H.
Mccarthy. at one time one of the best
known eartoonists in the country. is
dead At his home, OF heart trouble.
Los Angeles herald., 1905-02-17
Economy Urged

The District of Columbia appropria-
tion bill was again taken UP, Mr..
Elkins opposing the amendment sug-
gested by the senate committee, in
creasing to the extent of $5OO,OOO the
appropriation for a municipal build
ing. He said he wanted to see a
splendid capital built up, but that he
did not believe that all the improve
ments should be made now.
Los Angeles herald., 1905-02-17
Not Seeking Territory or Control

An especial point is made by the
president that this government does
not propose to take any part of San
Domingo or exercise any other control
over the island save what is neces-
sary to it's financial rehabilitation in
connection with the collection of rev.
enue, part of which will be turned
over to the government to meet the
necessary expenses of running it and
part be distributed pro-rata among
the creditors of the republic upon q
basis of absolute equity.
Los Angeles herald., 1905-02-17
THE PRESIDENT
AND SAN DOMINGO
Continued from Pnre onel

policy toward the Dominican people
who aspire to republican form OF
government while they are actually
drifting into a condition Of permanent
anarchy, in which case we must per-
NIT some other government to adopt
its own measures in order to safeguard
its own interests, or else we must our
selves take seasonable and appropriate
action"
1t is suggested by the president that
IL plan could be adopted in regard
to San Domingo similar to that in the
Platt amendment for the government
of Cuba it would be practicable and a
solution of the problem.
Los Angeles herald., 1905-02-17
Prompt Action Needed

IT call attention to the urgent need
of prompt action on this matter. We
now have a great opportunity to Sc
cure peace and stability in this island
without friction or bloodshed by act
ing in accordance with the cordial in
vitation of the governmental authori-
ties themselves. 1t will be unfortunate
from every standpoint If we fail to
grasp this opportunity, for such fall
ure will probably mean increasing
revolutionary violence in San Domingo
and, very possibly, embarrassing for
eign complications in addition. This
protocol affords a practical test of the
efficiency of the United States govern
ment in maintaining the Monroe doc
trine."
Los Angeles herald., 1905-02-17
Our International Duty

The message concludes as follows;
1--WE, on our part, are simply PERFORM
ing in a peaceful manner, not only
with the cordial acquiescence, but In
accordance with the earnest request of
the government concerned, part of that
international duty which is necessarily
involved I'M the assertion of the Mon
roe doctrine. 1t is in the highest de-
gree necessary that we should prove
by our action that the world may
trust in our good faith and understand
that this international duty will be
performed by us In the interest not
merely of ourselves but of all other
nations and with strict justice toward
all. If this is done a. general accept
ance of the Monroe doctrine will then
surely follow and this will mean an
increase of the sphere. with peaceful
measures for the settlement of inter-
national difficulties. gradually displac-
ing those of a warike character.
1--WE can point with just pride to
what we have done in Cuba as a guar
antee of our good faith.
Los Angeles herald., 1905-02-17
Reports 70 Be FurnIshed REGULARLY

Frequent reports TO the president
and to congress Of the progress Of the
construction az we'll as OF the expendi-
lures OF money are required.
While the bill abolishes the canal
commission so far as the law is con-
eerned, 1t authorizes the president to
retain the commission as commission