davidaulloa/AmericanStories huggingface dataset:
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-03
Making Through Rates.

Some great constitutional lawyers in
Congress expressed doubt as to the power
of Congress- either through the commission
or in any other way, to compel common
carriers to establish through rates. The
present law authorizes the commission to
establish through rates and to fix joint
rates. That language of the law is pointed
out at this time as especially interesting
in view of the various interpretations that
have been put upon 1t, and IS likely to be
of Importance in the deliberations of the
commission
THE commission" the law recites, may
also, after hearing on a complaint, estab-
fish through rates and joint rates as
ma ximum to be charged and prescribe the
provision of such rates as hereinbefore pro-
vided and the terms and conditions under
which such through rates shall be operated
when that may be necessary to give effect
to any provision of this act and the car
riers complained of have refused or neg
lected to voluntarily establish such through
rates and Joint rates, provided no rea-
sonabe or satisfactory through rate ex-
lists, and this provision shall apply when
one of the connecting carriers is a water
line
Tt IS claimed by the railroads that that
paragraph makes the commission the oper-
ating managers of the roads, with power
to dictate through rates TO any point be-
yond the original road If 1t cares to ex-
ercise that power.
Some lawyers of eminence question
whether Congress can compel a railroad to
enter into an agreement beyond it's own
lines.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-03
THE FRONTENAC.

Always open Kentucky ave, 100 yds from
Beach New. modern hotel. good the best.
Capacity. $50. WIN make special terms: $40 up
veekly. s. uP daily. for large ocean-yiew rooms;
metal beds, elevator; baths attentive white sery-
Ice superior cooking; dne table Wide. cool porch
e. overlooking ocean AMI boardwalk. Booklet sat
uTday 20 Monday SO. W T. WATTS
iy23-l4t. 10
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-03
Hotel Scarborough
The Hotel Dennis.

ATLANTIC CITY, y. J.
Handsome hTeproof addition fully cOnn,e ted.
Noted for its choice location, with Urob-
stfueted ocean view, for the Hberality of Its ap-
pOiutMents and careful service.
Write for illustrated Booklet and rates.
jyl6-28t .eSu-iO WALTER ]. Bt'ZDY.
Evening star. [volume] (Washington, D.C.) 1854-1972, 1906-08-03
Responsibility of Carriers.


The question concerning the through bills
of lading put into the law is also of interest
to the commission and to the railroads
Bills of lading may be issued by a solvent
railroad in form to be as good collateral
as a United States bond. This provision
makes the initial carrier, it is declared re-
spcnsible for any loss J. damage that may
be sustained in through shipments. The
law also gives to the initial carrier the right
to recover from the company on whose
II is impossible frequently to tell on what
lines the loss did actually take place. a
shipment of furniture may be made and
the goods may be damaged by being
rubbed 1t might be Impossible TO deter
mine where the damage occurred. 1t is
said the fact OF this added liability will
tend to make the initial road increase its
rate in order TO cover this increased Iiabil-
ity for shipments that go over 1t and other
roads. The added rate, 1t is said, will be
in the nature of insurance against loss be-
cause of the added liability to which it is
subjected.
One of the most important OF the provi-
sons OF the new law relates to the pre-
scrIbing of differentials between various To-
calities. Representative Littlefield said In
a speech In the House that the bill did
give that authority. But Commissioner
Prouty, In a magazine article, expressed
the view that the law does not give
the commission power to fix such differen-
tials directly. Whether it can be done ndi-
reetly remains TO be seen. This is a matter
of the greatest Importance to shippers and
cause the power to fix differentials between
various localities involves the power to ap-
portion commerce in accordance with the
views of the commission.
The San Francisco call., 1906-06-28
CRTTICTsE HANDWRITING.

OAKLAND, June 27.-The County
Board of Education, disgusted with the
specimens of handwriting furnished by
the pupils of the county schools. has
issued an ultimatum to the principals
and teachers, in which it says, after
criticising the pupils work; 'Aay
cause that contributes to this state OF
affairs has no business to exist longer
II this is the result of many causes,
then all such must be eliminated.
The criticism is that some of the
manuscripts sent in to the Office are
hardly decipherable. The forms of the
letters are incorrect. the slant has an
immense range there are great gaps
between the initial and the following
letter, the shading is erratic and the
general reading impossible. The poor
est results in our whole course are
found IN the pupils handwriting"
The San Francisco call., 1906-06-28
HIS BABE 8 LIFE
ABOVE HIS OWN
Running for DR.. Benson
Gives Battle to a
Footpad.
Child Dies Because Fa-
ther Is Delayed by
Highwayman.

BERKELEY, June 27.-HeId UP by a
h1ghwayman while hurrylng IN the
darkness of the night TO seek ply
sician's aid for his dying baby w. G.
forced to give battle before he could
proceed on his way Because of the
delay caused by this encounter Ben
sons child died.
Grief over the death of the little
one and the press of affairs connected
with the funeral arrangements for the
babe so occupied Benson's mind that
he neglected to report to the police the
attempt to hold him UP until today, al
though the affair occurred last Sunday
night.
Benson came from Point Richmond
to Berkeley a few weeks ago with his
wife and little one. The child became
i'll last Sunday the parents of the babe
being unable to determine the char
acter of the malady. They worked
with the little one for an hour, and
then Benson decided that it would be
necessary to bring in physician. He
hurried down Francisco street, and just
as he reached the San Pablo avenue
school house he was halted by the
footpad, who ordered him to throw up
his hands. Benson complied, but at
once informed the highwayman of the
nature of his mission, begging him to
let him go for the sake of his dying
babe. The highway1nan was obdurate
and proceeded to go through Benson's
pockets for plunder.
Made desperate by the situation Ben
son took a chance in fight with the
armed footpad, and hitting him square
ly in the jaw started to run. His move
was effective, the crook making no
attempt to pursue him.
The delay caused by the affair, how
ever. was responsible for the death of
the Benson baby, as the infant died
within few minutes after the fathers
arrival with the physician. The police
are Investigating the affair, but be-
cause of Benson's delay in making a
report of the matter have little hope
of capturing the crook.
The San Francisco call., 1906-06-28
RECEIVE THEIR DIPLOMAS.

SAUSALITO. June 27.-The gradua-
tion exercises of the Sausalito Central
School, Glass of '06. were held at the
San Francisco Yacht Club house last
evening. The club house was packed
with the relatives and friends of the
graduates. The affair opened with a
song by the class, then an interesting
address by Professor James B. David
son, County Superintendent of Schools
instrumental solo by Rita Gillette:
class prophecy, Mary Folli and Ramona
Nilsson; song by the class; valedictory,
Lester Kilgarif. Mayor Jacques Thorn
as in few well chosen words present
ed diplomas to the following graduates
Yetta Erhardt, Mary Folli. Annie John
son. Susie Johnson, May Young. Ra-
mona Nilsson, Mary Joseph, Lester Kill
garif Ralph Klopfer and Agnes Nc
Namara.
At the conclusion of the exercises
Lester Kilgarif on behalf of the grad
uat>s presented Principal c. o. Sharpe
with a handsome token of their high
esteem.
The San Francisco call., 1906-06-28
CHINESE BRIDE is THRIFry.

OAKLAND, June 27.-Dong Yuen Hu.
a Chinese maiden, today promised to
honor and obey one of her prosperous
countrymen when they were united in
marriage by Justice of the Peace
Quinn, but she also proved that she
was going to be his protector so far )
money matters went. Her careful
financiering saved her liege lord SIS
that he was about to present TO Judge
Quinn.
Woe Song, the groom, is 25 years old
and is employed as a cook at Fresno.
The bride Is 21 years old, and is a
San Francisco refugee, who, until her
marriage today lived In Berkeley They
had long been lovers, having met at a
mission in San Francisco. where both
were converted to the Christian re-
ligion. When Woe Song heard of the
plight of Dong Yuen Hu, whose home
was burned, he came TO Oakland md
a quiet wedding was arranged y They
procured a license today and Justice
of the Peace Quinn, with the aid Of a
Chinese girl who acted as interpreter,
united them.
AS the ceremony closed Woe Song
drew forth from his pocket a bright $40
gold piece There was a sharp repri-
mand in Chinese from the bride, the
coin was hurriedly slipped back into
the Oriental trousers and with many
bows the happy groom presented the
Justice with IS, amid the laughter of
the oplookers. The couple left this
evening for Fresno.
The San Francisco call., 1906-06-28
OPENING CONCERT TAKES
PLACE this AFTERNOON
First Symphony of Three at
Greek Theater Set for
Today.

BERKELEY, June 27.-The first
symphony concert of the summer series
is to be given tomorrow afternoon at
o'clock in the Greek Theater, under
the direction of Professor j. Fred
Wolfe.
The programme will begin with the
overture to Mozart's opera Don Juan"
(Don Giovanni, an opera-bouffe in two
acts, which was composed by Mozart
to the text written by Daponte This
overture, which opens the first pro-
gramme of the summer series of con-
certs in the Greek Theater, was com
posed in one night by the procrastinat-
ing author.
Although but fragment, Schubert's
unfinished symphony is one of the
most dearly loved of all the symphonic
literature Only the first two move
ments are complete. For forty-five
years it had lain In obscurity when
rescued by Sir George Grove, who SAYS
of 1t: Every time / hear 1t l am con-
firmed in the belief that 1t stands quite
apart from all other compositions Of
Schubert or of any other master. IT
must be the result of some period of
unusual attendrissement and even de-
preston. unusual in the susceptible
and passionate nature of Schubert.
The whole work is full of melodious
beauty"
-'Fidelio" is the title Of Beethoven,s
only opera, composed in 1904. Not
satisfied with the overture the COM
poser rewrote it again and again. so
that we now have four overtures to
"Fidelio," or "Lenora," the original
name. The fourth is the one to he
played at the coming concert.
OF the four symphonic poems written
by Camille Saint-Saens. the "Danse
Macabre," grotesque dance of death
conceived as a waltz, is perhaps the
best-known and needs no Introduction
to it's weird melodies and striking in
strumentatfon.
The stirring strains of Brahms "Aca
demic Festival Overture speak for
themselves. Their familiar melodies
disport gayly over q solid harmonic
The San Francisco call., 1906-06-28
NATIONAL GUARD
FOR PAID ALTO
Citizens of the Thriving
Town to Organize
Company.
Prepare an Application
to Be Sent to the
Governor.
SPECIAL DISPATCH TO THE CALL.

PALo ALTO. June 27.-Another ap-
plication for National Guard com
pany in Palo Alto has been prepared
and will be forwarded to Governor Par
dee in the near future. The Governor
already has an application from Palo
Alto, which was fled FIVE months ago,
containing the names of ninety-four
eligible men, but as no action was
taken In the matter this has probably
been pigeon -holed and lost
Several companies of the San Fran
cisco guards will undoubtedly be dis
banded because of the scattering of the
men. This will leave the State without
full quota of the guard, and as Palo
Alto can present a very strong claim
the chances are good that ahe will be
favored.
The committee that has been work
ing up this matter during the past
months is composed of F. A. Marriott.
Bert MelIin, Max Seller, Leroy Ed
wards, Ted Mellin. William Boyd, A.
R. Macon, ]. W. Wright and Charles
G. Anthony.
The San Francisco call., 1906-06-28
CONE s ABSENCE
BRINGS TUMULT
Alameda Peace Justice
Disappears and Con
fusion Results.
Tappan Hurries Home
From Vacation and
Shows His Anger.

ALAMEDA, June 27-Justice of the
Peace Fred S. one is missing from
his accustomed haunts and his close
friends confess to be ignorant as to
his whereabouts AS a result of the
absence of the magistrate from his
course some novel legal conditions
have arisen that may be passed up to
the District Attorneys Office for ad-
justment. In one case today the ends
of Justice were defeated and the de-
fendant dismissed. In another no action
was able to be taken and how or when
the matter will be disposed OF nobody
knows.
In the absence of City Justice R. B.
Tappan, who was away on brief va
cation, Justice Cone was by prear-
rangement sitting in the City Justice
court When Justice Tappan learned
today from the newspapers at his out
ing camp in Contra Costa County that
Justice Gone had failed to dispose of
City Justice court matters he hurried
home and when he appeared in court
this afternoon he was visibly nettled
and expressed himself thus:
When I left here a few days ago
for short vacation 1 arranged with
Justice Cone to handle my docket. 1t
appears that he has not done so and 1t
also is reported that he has disappear
"
she informed me that she did not know
where he was. but supposed that he
had suffered a spell of nervous pros
tration and had gone away somewhere
to rest and recuperate. / have learned
since my return that residents of this
city have not been accorded the service
from the courts of this city and town
ship that they are entitled to and pay
for. In the case of John Tore, who
was charged with having sold liquor to
a minor, and whose case 1 had ar
ranged with Justice Cone to try for
me, find that Tore has been here nu-
merous times and that he could not find
a magistrate to try him. 1 have there
fore seen fit to dismiss the defendant
and have ordered his ball returned.
1T also appears that five Chinese
charged with gambling have come into
the Justice of the Peace court three
times within three days and have found
no Justice of the Peace to try them.
This is an injustice to the defendants.
and If they were before me in my own
court under such circumstance would
feel impelled to dismiss them and call
the attention of the District Attorneys
office to this lamentable state of af-
fairs / have not authority in the Chi
nese cases, as they are in Justice of the
Peace Cones court, and can threfore
offer them no relief"
attorney George de COLA, VINO ap-
peared as the representative of the five
alleged Chinese gamblers, said. after
Justice Tappan had explained that he
could not take up the cases, that the
Mongoians could be remanded to the
custody of the police and then released
on habeas corpus proceedings. De
Cola stated that he had yet to decide
whether he would pursue such a
course. In the meantime the police and
Justice Cones friends are endeavoring
to locate the missing magistrate.
The San Francisco call., 1906-06-28
sues To RECOVER half
OF rent PAID FOR april
Small Action Involves Principle
Affecting Thousands of
Leaseholders.

The first suit to recover rent paid In
advance for property destroyed by the
fire April IS was commenced in the Jus
tice Court yesterday morning. The
amount involved is but s1161, but the
principle of whether those who have
paid rent in advance can recover is one
that will be watched with considerable
interest. j. w. Treadweu is suing j.
Joost on a claim assigned by A. f.
Burns.
From the complaint it appears that
Burns rented the premises at 103 South
Park street, and on the 1st of April
paid his months rent, amounting to
s29. The building was burned April
is, and Burns contends that he is enti-
a number of instances real estate men
in charge of buildings have rebated
rent that was thus paid in advance.
There are others who refuse to do So
and the defense such agents will ad-
vance will be anxiOusly awaited by
those who have rented property and
have paid rent in advance.
Since the Justice courts opened for
business after the fire there have been
total of 224 cases filed. although not
one of these cases has come up for
hearing According to one of the
acts that was passed by the Legisla-
ture on June 3, no defaults may be had
IN cases until aIler July H. suits may
be commenced at any time, but the de-
PENDANTS have the right of Withholding
an answer until the limit of thirty
days has expired.
This law does not seem to be under
stood by all attorneys. Justice Golden
states that he has had n number of re-
quests to have cases defaulted. This
cannot be DONE" he said yesterday
morning, until the time allowed by
1or 6ac aIo II frc
defendants have fled their answers or
demurrerss but even then they cannot
be compelled to go to trial until July
10. unless they so desire.
This doubtless accounts for the
small number of suits that have been
filed with US up to the present time.
AS a usual thing defendants are not
particularly anxious to hurry cases.
and there is no incentive to bring ac-
tions."
The San Francisco call., 1906-06-28
DIRECToR oF aIUsIC.

BERKELEY, June 27.-Miss Victor
inc Hartley has been appointed director
of music in the School Department, the
Board of Education having recently re-
.ceived the resignation of Loretta ".
Sweesy, former musical director. Miss
Zinnie Kidder has been made director
of drawing,
The school board last night adopted
resolution declaring that a polytech-
mic school to cost 100000 is a public
necessity, and that other improvements
to schools which will cost $4,000 are
also necessary. These items will be
inserted in the call for a bond election
on July 81, when other municipal i'm
provements will be passed upon by
voters.
superintendent Waterman reported
to the board that the charge of the
Antf-yaccination League that some
high school pupils are permitted to
attend without vaccination certificates
is false.
report from the Ashby avenue I'm
provement Club calling the boards at
tention to the condition of the LIE Conte
School, alleged to be unsafe, was read
and referred to Director HaseItine.
Building Supervisor Broad stated that
he believed the supports in the base
ment are sufficiently strong.
The San Francisco call., 1906-06-28
SOUTH AMERICA LATEST FIELD
TO BE SOUGHT BY NOSES.
Professor Goes There to
Study the Political
Conditions.
Purposes Composing Vol
ume On What He
Learns.

BERKELEY. June 27.-Professor
Bernard Noses has sailed for South
America TO continue there his work OF
Investigation OF the political ard social
conditions OF the Sp1nish-Amcrican
States. He purposes writing j book on
the subject, wherein VII pe found au-
thoritative statements, suitable for
text book uses. regarding the history
OF these countries and their present
status as political entities.
The regents Of the University Of Cal
ifornia nave granted Professor Moses
a years leave Of absence to permit him
10 carry out his intention Of making
a thorough study of conditions IN South
America. The experience he gained in
the Philippines, when he served for
number Of years there as a United
states Commissioners, setting up gov
ernmcnt for those islands after their
occupation by American forces, is eX-
pectcd 10 serve him in good stead when
he pursues hs Investigations il South
America Professor Moses had ample
opportunity 10 become we'll acquainted
with the character of the Spaniard and
his method OF rule and manner of pol
itics. and all the opportunities Of this
sort were well improved while he was
IN the orient
For many years Professor Moses has
been regarded as one of the world
authorities on international law and
historical questions. He has published
a number Of notable books,A his latest
being entitled, The Government ot the
TTnited States"
The San Francisco call., 1906-06-28
OAKLAND SHOWS
KINDLY SPIRIT
Avoids Display in Pre-
pairing for Observing
the Fourth.

OAKLAND, June 27.-The Fourth of
July committee has netihed Governor
Pardee that it has decided not to hold a
parade this year, In explanation, the
committee, which before the fire had
invited the Governor to take part,
writes.
Gov. George c. Pardee:
Dear Sir: On March 2S, 1906. I had
honor to transmit TO you an invitation
TO participate with your staff in the
Fourth of July parade at Oakland, July
4. 1906.
ance was received April l, for which
please accept the sincere thanks of the
citizens committee. No individual in
the Golden State has a more vivid re-
alizatfon of the momentous events
which have occurred since that ,ac-
ceptance was written than yourself.
The people of California are deeply
grateful TO yourself and the other Of
ficiaIs who so ably and efficiently
brought order out of chaos in the dark
hours Of disaster and whatever the
your own city realize how well you
met the test.
The citizens committee after a. care
full consideration Of the situation in all
its phases have unanimously decided to
change the character of the exercises
on July 4, 1906.
Our intimate relations and great
sympathy for our sister city has led
us TO avoid anything which might
seem to indicate rejoicing or display.
We feel that money can better be ex-
pended IN relief measures than in dis
play of any kind.
We have, therefore, decided TO omit
the parade this year, and we with re-
luctance and regret release you from
the promise so graciously given to par
ticipate IN the parade at Oakland.
We realize that this viii be q great
disappointment to the citizens of your
home city who have seen altogether too
little of you during the last three years
Again thanking you for your kind
acceptance, and regretting that the
change in the arrangements will pre-
vent it's consummation, we subscribe
ourselves, as ever,
Yours sincerely
The Citizens Fourth of July Com
mittee.
BY Wilbur Walker, Secretary.
Replying, the Governor expresses his
belief that the decision not to hold a
parade was, in the circumstances, fully
justified.
The celebration committee has ar
ranged for the League of the Cross
Cadets band. forty pieces, to play at
City Hall Park; Scott's band sixteen
pieces. to play at Lake Merritt, and the
Macdonough Theater orchestra to give
the music at the literary exercises.
Former Judge E. NJ. Gibson will be
president of the day.
The San Francisco call., 1906-06-28
DEATH OF J. WILLIAM HaRRIsoN

SAUSALITO. June 27.-J William
Harrison, well known coal and iron
broker of San Francisco and publisher
of the Coal Circular, died this morning
at his home. Cancer OF the stomach
caused his death.
Harrison leaves a wife and two chill
dren, William Harrison of Beck, Wake
field & Co., and a daughter, Marion.
who was recently divorced from Rich
ard Sperry. He was born in Dublin,
Ireland, sixty-five years ago. For more
than twenty years he had been closely
associated with the coal and iron mar
kets and was one of the best authori-
ties on the market for coal and iron
on the Pacific Coast. He issued a week
ly circular on coal
The San Francisco call., 1906-06-28
pEAN or susIMER scHooL.

BERK ELEY. June 27.-Professor Err
nest c. Moore, dean of the summer
school Of the university, returned to
the university from Los Angeles today
after an absence OF several months.
Professor Moore is now in charge OF
the schools of Los Angeles as city su-
perintendent. He is to serve as dean
OF the university summer school. sue
eeeding Professor Leon ]. Richardson,
who has been acting dean.
The San Francisco call., 1906-06-28
SENT To JAIL
FOR FIVE YEARS
Would : Be Wrecker Is
Given Full Limit of
the Law.
No Mercy Shown Italian
Who Attempted to
Derail Car.
SPECIAL DISPATCH TO THE CALI.

REDWOOD CITY. June 27-D. Bo-
mini the Italian arrested by Constable
Sheehan for placing distractions on the
track of the United Railroads near
Millbrae on March 22. has been sen
fenced by Judge Buck to five years i'm
the penitentiary, the full limit of the
law.
The prosecution was represented by
District Attorney Bullock. assisted by
Assistant General Counsel William NJ
Abbott of the United Railroads. Hall
c. Ross acted for the defense.
1t is expected that the conviction OF
Bonini will have a wholesome effect on
the miscreants .who have been trying
to wreck these cars for some months
past.