SCHMITZ WINS OUT Supreme Court Finds Fatal De­ tects In Indictment. HUFF’S PLEA ALSO NULLIFIED S evan J u d g e s U n a n im o u s in H o ld in g T h a t F a c ts S ta te d D o ft o t C o n s titu te C rim e . San Francisco, March 10.— The Su­ preme court yesterday handed down a decision denying the application of the prosecution in the San Francisco brib- ery g ra lt cases for a rehearing alter a decision by the District court of Ap­ licáis in the case of ex-Mayor Eugene E. Schmitz, convicted of extortion in the French restaurant cases. Without a dissenting vote among the seven justices, the court sustained the appel­ late court in its decision that the in­ dictment upon which Schmitz was con­ victed was defective in that it did not aver (that Schmitz was mayor; that Ruef, hia co-defendant, was a political boss practically in control if the city; that as such they were in a position to exercise power and undue influence over the policecommissioners, and that it did not show that Schmitz resoited to uplawful means in threatening to have liqnor licenses withheld. “ The decision demonstrates,” said ex-Mayor Schimtz. “ that the higheet court in the state believes what I have always claimed, that I was removed from office and railroaded to prison.” “ The contention of the respondent that the appeal was prematurely taken,” says the Supreme court, "has no merit. The court Is unanimous in the opinion that the District court of Appeals was correct in its conclusion that the indictment was insufficient in that it did not show that the injury to the property threatened by the defend­ ant was an ‘ unlawful injury.’ ” This decision practically nullifies Rnef's plea ol guilty to the same charge, invalidates the remaining four extor­ tion indictments against the ex-mayor and Ruef, and will enable Schmitz to gain his liberty on bail after eight months’ confinement in the county jail. G R E A T F E A T O F W IR E L E S S . M e ss a g e F ro m F le e t in P a c .fic Is Re­ ceived a t P ensa cola. Washington, March 10.— About the last place that the Navy department expected to hear from the Atlantic bat­ tleship flotilla for at least six months was on the Atlantic coast, yet this is what iiappened. The Navy department today received a telegraphic message from its wireless station at Pensacola, which had been in direct communica­ tion with the hattleehip fleet, a most remarkable performance, considering that the wireless Impulses were obliged to traverse the Gulf of Mexico, then cross overland the state of Texas, part of Mexico, and again cross several hun­ dred miles of ocean. An additional dispatch received at Pensacola from Admiral Thomas, dated on board the Minnesota at 8 o’clock last night, is as follows: “ The position of the fleet at this moment is latitude 14.37 north, longi­ tude 102.01 west.” F L E E T T A _ K S T O M A R E IS L A N D . W ire le s s C o m m u n ic a tio n a t o f 2 6 0 0 M ile s . D is ta n c e San Francisco, March 10.— The bat tleship fleet came into direct communi­ cation with Mare Island yesterday, the meesage being the first this coast lias received Irom the warships. Commun­ ication was had by wireless for a dis­ tance of 2,600 miles, the meesage being from the battleship Maine of Evans’ fleet. Yesterday morning the operator at the wireless station at Mare Island, in responding to the call of his instru­ ment, was surprised to discover be was in direct communication with the Maine. Though 2,600 miles away, the message was clear. Communication was soon cut off on account of other stations interrupting. R E V I8 IO N A S S U R E D E x tra C A U G H T IN T R A P S ession to B e C a lle d to O v e r T a r iff. Go Washington, March 9.— Plana for the revision of the tariff have been agreed upon by the Republican leaders, in eluding Roosevelt, Bpeakei Cannon, Heiirtor Beveridge and Representatives Payne, Dalzell and Sherman, the three latter being members of the house ways and means committee, who will frame the new law. An extra session of congress will be called immediately after the expiration of the present congress next spring and a bill will be drafted reducing s >me of the high schedules rn steel and iron and equalizing others. It the Demo­ crats are successful in the national elec­ tion next fall, President Roosevelt will call comress immediately after the re­ sult is kno vn, to that the tariff can be revised by the Republicans. Senati r Beveridge, who presented a measure providing fur a tariff commis­ sion, had a conlerenoe with the presi­ dent today. I-ater he conferred with Speaker Cannon and Representative Payne, DalzelI and Sherman. Itdevel- oped that the commission plan is not acceptable, and it was agreed that a reso'ution shall he adopted by the pres­ ent congress directing the secretaries of state, treasury, agriculture, commerce and labor and director of the censns to gather such data as w ill be useful to congress in revising the tariff. Representative Sherman, with the approval of Speaker Cannon, ia circu­ lating a petition among members of the house which requests the ways and means committee to eit during the sum­ mer recess for the purpose of gathering data to aid the members in framing a new tariff law. Many signatures have already been procured and the commit­ tee will sit. D E M A N D S ARE M A D E . J a p a n 's M in is te r P re s a n te to C h in a . U ltim a tu m D eath W edn esoay, M a i ch It. Washington, March 11.— President Roosevelt today, in a special message to the senate, calls attention to the fact that the senate committee has found that the charges of participation iu the Brownsville riot, which caused him to dismiss companies B, C and D of the Twenty-fifth infantry, were sub­ stantiated, and asks the senate to para a special law extending for one year the time within which those who establish their innocene may be reinstated. Such a bill will be introduced. Senator lleyburn today secured the passage through the senate of his bill providing for the survey of all publio land, reserved and unreserved, in Ida­ ho, Oregon, Montana and California. Under the present system, the govern­ ment only surveys land upon request cf actual settlen. Mr. Heyburn says this system tends to retard development, and also retards surveys, as eettlers don’ t like to go on unsurveyed land. Washington, March 11.— Determined and persistent assaults on the poetoffice appropriation bill in the house today resulted in amplification of that meas­ ure in many important parts, despite the protests of Chairman Overstreet and the committee. The letter carriers finally won their long fight for $1,200 salariee, when an amendment by Goebel, of Uhio, grant­ ing the same was adopted. The house also allowed a » additional $25,000 for clerkB in third-class offices where the salaries of the postmaster range from $1,200, and $15,000 additional lor con­ tracts stations. Altogether the appropriations carried by the bill were increased to the extent of $1,355,000. T u e sd a y, M a rc h 10. Pekin, March 9.— Japan’ s ultimatum in the case of the Japanese steamship Tatsu Mara was presented to the head of the Chinese Foreign board today, and the board has the matter under consid­ érât ion. The Tatsu Maru was seized off Macao on February 7 by Chinese custom’s cruisers on the charge that her cargo of arms and ammunition was intended for Chinese revolutionists, although con­ signed to a merchant of that place. The steamer is now being held at Wham­ poa. on the Canton river. The irreducible minimum of the Japanese claims is the restoration of the steamer, as well as of her cargo, and L e payment of a full indemnity. Ac*ion Is demanded within a “ reasona­ ble lim e.” In caee of default or post­ ponement, Japan, according to the terms of her ultimatum, w ill “ take immediate action.” Japan expects a reply by tomorrow. She will not tolerate China’ s offer to Investigate the case. She insists upon an apoh gy for the hauling down of the Japanese flag on tire Tatsu Mara and she w ill not accept mediation, affirm­ ing that China ia in error and that the facts are incontrovertible. Baron Hayashi, the Japanese minis­ ter to China, in delivering the ultima­ tum, made reference to Japan’s sj in­ put hy- for China in the matter ol con- traltand traffic in arms and explained that China could not expect mediation so long as she did not admit the parti­ cipation of the Portuguese. FO UND. C itiz e n s ' C o m m itte A u th o riz e s tio n a l E x p e n d itu re s . A d d i­ San Francisco, March 9.— The bac­ teriological reports of the Federal health officers state that infected rats were found in nearly every district of the city last week, only the Sunset and Richmond districts being immune. The greateet percentage of infection is re­ ported from the North Beach district and in the Western addition. In all buildings where infected rate were found, walls and floors were opined, and the places thoronghiy fumigated. The citirens’ health committee has au­ thorized the Federal health officers to employ additional men, no lim it being placed on the number. New gangs will be organized and an effort made to ex­ terminate all the rats in the city within the next 30 days. B onu s f o r E ach C h ild . Cleveland, O., March 6.— Twenty- four hours after the disaster whioh caused the death of approximately one- v ews on the subject. third of the school children of Collln- Mr. Meyer stated that, while the | wood, the death roll numbers 164. Of Knox bill wsa drawn in hie depart­ these 1J7 had been identified at the ment, he waa not wedded to that meas­ | I-ake Shore morgue, while 27 bodies ure an t was very ready to approve remain there in a condition of mutila­ amendments or proviskn to be taken tion probably forever beyond recogni­ from botn the Burkett and Carter bills. tion. The committee and posmaster general The work of digging in the ruina of were agieed upon the plan lor placing the lak e View achool house in further the funds to be secured by the postal search for remnants of children atilt savings hanks in the various national missing began with the break of day. banks of the country at a rate of inter­ Dawn found mothers and fathers wait­ est large enough to pay depositors 2 per ing about the ruined building, after cent and to defray all attendant ex­ having spent the night in an effort to penses. find their children’s remaina|in the ex­ temporized morgue. Little was brought Washington, March 7.— A part of forth during the day that would satisfy the session today of the honee waa de­ their longings, and it was believed last voted to the consideration of private night that all the bodies that can be claim bills. The remainder of the day removed from the ruins have been tak­ was given over to enlogiee of the late en out. Representative Slemp, of Virginia. The coroner’ s inquest was begun yes­ terday, when a number of witnesses F rid a y , M a rc h 6 . were examined without, however, de­ Washington, March 6.— The army veloping any testimony that was be­ pay bill was passed by the senate to­ yond mere opinion. An investigation day. The bill provides for army offi­ conducted by tbe Collinwood Bchool cers a graded increase of pay ranging hoard, which lasted tar into the night, from 5 per oent for lieutenant generals brought forth these facts: to 20 per cent for junior officers. It That one of the inner doors at the also provides that “ the average | »y of West entrance of the school wai closed enlisted men of the army, as now estab­ and fastened, while children were pil­ lished, be increased 40 per cent ’ ’ This ing up against it in the passage; that amendment, suggested by Culberson, tbe partitions in the vestibule narrow­ of Texas, takes away the discretion of ed the exit by at least three feet; that the president in fixing the pay of sol­ the flames came first from a closet be­ diers low tbe stairway at the East entrance; Scott read a letter from a banker the closet contained lime and sawdust; who stated that army officers pay 3 per three little girls had been found hiding cent interest per month to have their in play in the closet earlier in the salaries discounted because tbelr in­ morning; there was bat one fire escape comes are go small. and its use was never taught as a part An amendment waa offered by Ba­ of the fire drill. con, and adopted, giving six months' pay to families of officers and enlisted S ID E O F R A IL R O A D 8 . men npon their death. Washington, March 10.— The senate today ratified and made public six of the 13 treaties negotiated at the inter- nation) conference at The Hague. The conventions adopted are those to which no opposition had been made. The final reports of the committee on military affairs, in relation to the Brownaville affair, w ill be made to the senate tomorrow. Senator Warner w ill present the report of the majority of the committee sustaining the action of the president in discharging without honor a battalion of the Twenty-fifth infantry on the ground that the negro soldiers had done the shooting. Washington, March 6.— The house today |>aaaed the bill providing for the payment to the Roman Catholic arch­ bishop nf Manila $403,000 (er damage done to church property during the Spanish war and the subeequent P h il­ ippine insurrection. The bill was de­ bated for several hours. The house today unanimously adopt­ ed a resolution to investigate the charges brought by Representative Lilley, ot Connecticut, of corrupt influ­ ences upon members of the bouse naval affairs committee in connection with snthorizationa for submarine torpedo boats. Washington, March 10.— Consider­ ation of the postoffice appropriation bill was resumed by the house of represent­ atives today. Although amendments were in order, tne bill, when it was laid aside for the day, with 11 pages disposed of, had undergone no material change. A noteworthy speech by Hamilton, of Michigan, upholding the right of the Federal government to control cor­ porations and sustaining the president in his atittude toward them, was the feature of the days' proceedings. Other addreeses were made by Small, of North Carolina, and Finley, of South Carolina, each of whom attacked the propoeition to increase the pay for ocean mail service on the gronnd that it was but a subterfuge for a ship sub­ sidy. T h u rs d a y , M a rc h 6 . M o n d a y, M a rc h 9 . IN F E C T E D R A T S A R E Washington, March 9.— The senate discussed at length Senator Frye’ s joint resolution providing lor the carrying of materials lor the Panama («rial in American bottoms only. Frye advocat­ ed the adoption of ihe resolution, say­ ing that at least 5,000,060 harrels of cement wonld be required in the work, and that so long aa foreign vessels were permitted toconpete, it wonld be im­ possible for the domestic ships to par­ ticipate in the transportation because of the difference both in construction and operation. He said that in both these respects British built ships had an advantage of st least one-third. An amendment by Foster, of V ir­ ginia, providing that the restriction should not apply to the Gnlf ports or any part of the United States from which vessels of the United States conld not be secured for the trade was accepted by Frye. Fulton, of OregoD, and Bacon, of Georgia, songht to have the amend­ ment extended to the North Pacific and Booth Atlantic coasts respectively, bat were unsuccessful. Resolutions of sorrow upon the an­ nouncement of the death of Represent­ ative Adolph Meyer, of Louisiana, were adopted, and at 4:20 p. m. the senate adjourned as t further mark of respect to his memory. Thursday, March 5.— A marked trib­ ute of respect was accorded the memory of the late Senator Redfield Proctor, of Vermont, by the Ignited States senate today. The reading of the journal was only begun when Senator Dillingham, of Vermont, arose and, asking that it be dispensed with, referred in braes that indicated deep emotion to the great,bereavement that had come upon the senate, the state of Vermont and the country by the passing of a man who for so many years had been in the public^ye. Mr. Dillingham moved the adoption of the onstomary resolution, and the vice president announced a committee consisting ol Senators Dillingham, Data- iel, Galliuger, Perking, Taliaferro, Overman and Hemenway to attend the funeral. In the house the proceedings were brief. While waiting for the official announcement of Senator Proctor’s death, a couple of bills of minor im ­ portance were passed. Mr. Haskins, of Vermont, presented reeolut'ons of regret, which were adopt­ ed. After Speaker Cannon had an­ nounced the names of the committee to represent the house at the funeral, the honse, as a further mark of respect, adjourned. The body w ill be accom­ panied by members of the lamily of the late senator and by the congree- sional committees to Proctorville, Ver- m o..t. O n ly S even J a p s C a m e In Washington, March 10.— The Pacific coast members of congress have been informed that only seven Japanese, and these not laborers, have entered the United Statee this year, which is re­ garded as showing the effectiveness of the new emigration regulation which Japan has formulated and undertaken to enforce. There is an apprehension that some Japanese laborers have entered th country through Mexico, but it is learn­ ed that Mexico la negotiating with Japan for practically the same regula­ tions that have been applied tc the United Statee. Sydney, N. 8. W ., March 9.— The increase of population in the common­ San Franc>eco, March 10.— Dr. Em­ wealth ia notoriously slow, and the ma Merritt, executrix of the eetate of legislators of Western Australia, where Adolph Sntro, was given permitsion the inhabitants number only two to the today by Judge Coffey to apply the square mile, have determined to take a (47,000 insurance money received after leaf ont of the book of the French. the destruction of the Cliff house to­ W ith a view to encouraging bigger fam­ ward the erection of a new building. ilies, an amendment has been inserted The petition was oppoeed by Attorneys in the income tax bill by the state leg­ B uy L o w e r C a lifo r n ia . The honse was in session but a few J. F. Bowie and Joseph Mayer, who islative assembly givirg an exemption Washington, March 10.— Represent­ minntes, adjonrning at 12:12 o’clock represented lonr of the heirs. Bowie of $50 for every child np to the number upon announcement of Mr, Meyer’s ative Smith has addressed the secretary said the heirs he represented had no of five in the family of a taxpayer. of atate In a letter asking an opinion death. objection to rebuilding the Cliff honse, Five children is evidently the lim it. regarding tbe advisability of the pur­ hnt thought the heirs should have the S a tu rd a y M a rc h 7 . chase by the United States of part or direction of expending the money. P riz e s f o r A a ro p la n e a . Washington, March 7.— Bills to es­ all of Lower California, in Mexico, so Paris, March 9.— M. Micbelin has tablish savings banks, introduced by that control of the Colorado rivar along C h in e s e H o ld M e e tin g . branded a world's challenge cap of the Senators Carter, Knox and Bnrkett, to­ the portions where it baa broken ita Canton, China, March 10.— A mon­ value of $20,000, to be competed for day were considered by a subcommittee bounds, conld be undertaken by the ster meeting was held here tonight to annually by aeroplsnee. After the first of the senate committee on poetoffices United States government. Smith urges resist the demand of the Japanese gov­ races aeronauts w ill be compelled each and poet roads ernsisting of Senators besides the matter of the Colorado ernment for the release of the Tatsu year to fly double the distance made by Carter, Barrows. Bankhead and Clay. river, that the United States already Mam. The meeting was attended by a the winner of the trophy the preceding Postmaster General Meyer was before condncta extensive operations at Mag­ great number of prominent personages year. The winning aeronant, in addi­ the subcommittee and outlined his dalena bay in Lower California. who vigorously asserted China's sov- tion to the cap, will receive $3,000. erigu rights. A resolution was adopt­ The trophy will be held by the aero F a ils to F in d S a ilo r. G o o d and E v il in R o o a s v a lt. ed to the effect that, fatting the confis­ club of the country of which the winner Washington, March 12.— An aero­ Washington, Mar. 11.— Senator Bail­ cation of the ship and her cargo, a boy­ ia a native. gram received here today from Lieu­ ey, of Texas, in criticising the Aldrich cott wonld be inaugurated against Jap­ tenant Gherardi, sent in charge of the financial bill on the floor of the senate anese manufacturers. Furnace Got Overheated' tender Yankton to seek Fred Jeff», who today,took occasion to “ slam"and praise Columbus, O., March 9.— That the waa reported stranded npon an nn- President Roosevelt. " I have never be­ Mutiny in Caracas Fails. fire in the Collinwood schoolhonse named island of the Galapagos gronp, fore seen such a mixture nf good and Caracas, March 4, via Port of Spain, which cost the lives of more than 170 in the Sooth Pacific, seems to indicate evil in a public man,” declared the March 10.— An uprising occurred here children was due to an over heated fur­ that the search was fruitless The senator, referring to the president. last night in a barracks, tha soldiers nace ia the substance of a partial report aerogarm states the Yankton w ill reach "Before the public gets through prais­ killing the