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THE WEATHER THE DAILY MISSOULIAN -" Today: Snow and colder. O O T AYR Tomorrow: Snow; colder. o ]A O VOL. XXXV. NO. 263. MISSOULA, MONTANA; SATURDAY MORNING, JANUARY 23, 1909. PRICE PFsl c NOISY CROWD BREAKS UP INOUEST THRONG FORCES DOORS AND BREAKS WINDOWS TRYING TO HEAR EVIDENCE. MRS. HANCOCK EXPLAINS Wife of Murdered Man Declares She Would Not Tell All She Knew ,on Witness Stand Beoause of Fear of Samuel Walker, Whom She Asserts Made Threats Against Her Life. Special to The Daily Missoulian. Helena, Jan. 22.-A riotous crowd this evening broke up the coroner's in quest which was inquiring into the death of John Hancock, former pres ident of the Helena Miners' union, who was lured from his home a week ago tonight and murdered. The wit nesses had been examined and the ex amination of a third had just started whtn Coroner Flaherty, who had threatened, if the noise did not cease. to adjourn the inquest, made good his threat. The crowd lingered around the building for an hour afterwards. At 6:30 the crowd began arriving, and at 7 nearly all the seats had been taken. A little later the doors of the court room were closed. At 7:30 o'clock extending from each of the th.ee outside doors of the county building was a stream of humanity a block long with each artery being aug mented by fresh arrivals every min ute. When the inquest started the crowd which packed the corridors be came boisterous and forced open one of the doors. All surged in until no more could get by and then it was im possible to close the doors. Whenever a witness testified, the crowd outside became noisy. Every few minutes a shattered pane of glass interrupted the proceedings. The officers could do nothing with the crowd, which simply swallowed them up whenever they appeared. Cor ener Flaherty rapped time and again for quiet. Then 'he said if the pro ceedings were interrupted once again he ,Would adjourn. This followed two r.inutes afterwards. Mike Quay and Jim Jennings testi flied they saw Walker in the Central saloon between 9 and 10 o'clock last Friday. At 9:45 Quay walked down the street with Walker. The latter talked intelligently, but said he was drunk, and staggered. If he had not staggered, the witness would not have known he was drunk. County Attor ney Hepner said tonight he will re lease Mrs. Hancock tomorrow on her own recognizance. Mrs. Hancock stated that because of fear of Samuel Walker, she was afraid to go on the witness stand and tell the truth: that threats had been made against her life by Walker and be cause of her knowledge of alleged "high grading" operations conducted by her husband and Walker at the Whitlatch mine, where they were leas- I ers prior to their estrangement. COMMISSIONERS FORM STATE ORGANIZATION Special to The Daily Missoulian. Helena, Jan. 22.-The boards of county commissioners which have been meeting in Helena in joint assembly with the state association of assess ors, in separate session organized into a state board of county commission ers. Officers were elected and the meeting adjourned to meet next year with the assessors in Billings at a date to be set later. The officers elected are: G. R. Brown, Butte, chairman; J. J. Hind son, Helena, first vice president; D. F. Burla, Yellowstone, second vice president, Jerre Sullivan, Fort Benton, Chouteau county, secretary. MUCH WANTED BANKER CANNOT BE LOCATED San Diego, Cal., Jan. 22.-Although Sheriff Smith of Lincoln county, Nev., is in this city with a warrant for the arrest of Homer G. Taber, former president of the defunct Searchlight bank, for whose return to Nevada Governor Gillett has honored a requi sition, he has not been able to serve it. When Smith arrived he was met by counsel for Taber, who informed the sheriff that the bank president had left the city, but agreed to surrender him, provided the sheriff would not smuggle the prisoner out of the coun ty or state until the courts had passed on habeas corpus proceedings. A rumor says Tabor is across the Mexican boundary at Tia Juana. VICTIM OF MINE ACCIDENT. Special to The Daily Missoulian. Butte, Jan. S2.-Patrick McDyre died this morning from injuries received by a fall of ground In the High Ore mine at 3:30 o'clock this mornIng. McDyr6, with a companion was at work on the 1,400-foot level when a fall of ground occurred. He was rescued after some diffioulty and hurried to the hospital where he died at $ o'clock. McDyre was 3S years old, single, and a native of Donegal, Ireland. PRIMARY LAW MAY MEET DEFEAT CONFLICT BETWEEN HOUSE AND SENATE THREATENS SUCCESS OF ELECTION MEASURE. ANTI-RACE BILL TABLED Donlan's Proposed Act Prohibiting Bookmaking and Pool Selling Is In definitely Poelponed Upon Recom mendation of Committee-Adjourn. ment Is Taken Until Monday. Special to The Daily Missoulian. Helena, Jan. 22.-From the vote in the house on the democratic primary law, and the action of the democratic caucus a Lew nights ago, it now ap pears that there will be no primary legislation by the eleventh assembly. The democrats in caucus decided to stand by the Clayberg bill, which is a duplicate of the Oregon law, and to take nothing else. Today the commit tee on judiciary reported that bill to the house. There were two reports, the majority signed by the democrats, favoring its passage, and a minority signed by the republicans recommend ing indefinite postponement. The ma jority report was adopted by a vote of 35 to 28, and the bill went to the printing committee. It will undoubt edly go through the house by a party vote. The senate is just as determined it will not have the Oregon law as the house is it will have no other, hence the probability of no legislation on the subject. The question as to whether Mon tana shall be represented at the Se attle exposition is a live one just now, and Kilgallon, of the appropriations committee, asked today that the newspapers of the state and the peo ple generally express their opinion on the advisability of passing a bill ap propriating $40,000 for Montana's ex hibit, one appropriating $10,000 or one not appropriating anything and ap pointing a commission to "rustle the money." Both houses adjourned at noon until Monday afternoon. 'Routine Seesion. The senate had a purely routine session today. It made short shrift of Donlan's anti-pool, race and bookmak ing measure when, byunanimous vote, t it adopted the report of the committee on public morals, recommending its indefinite postponement. Committee reports were made as follows, all be ing adopted: That Senate Bill No. 46, prescribing the manner in which in surance companies may do business in Montana, do pass; that Senate Bill No. 47, to prohibit rebating and dis crimination by insurance companies, do pass; that Senate Bill No. 42, con cerning farmers' institutes, do pass; public morals, that Senate Bill No. 4, to prohibit poolrooms, be indefinitely postponed. The following bills were introduced: No. 48, by Annin: Relating to school districts. No. 49, by Donlan: Extend ing the limit for redemption of tax titles to two years. No. 50, by Meyer: Duties of state coal mine inspector. No. 51, by Meyer: Examining board for applications for positions in and about coal mines. No. 52, by Meyer: Examining board for state coal mine inspector. No. 53, by Edwards: Clos ing dance halls on Sunday. The following notices were given: By Cockrell-Regulating practice of dentistry. By Sanders-Relating to sale of property on which taxes are delinquent. By Sanders-To deter mine liability of persons and corpora tions engaged in mining. By Donlan Requiring examination of plumers. By Meyer-Creating insurance fund for coal miners. On third reading the following bills were passed: No. 18, relating to in terest on city and county funds, and No. 11, relating to stock of co-opera tive associations. Twenty Bills. In the house standing committees reported back 20 bills this morning, recommending 15 for favorable con sideration and killing five. The re port of the judiciary committee on House Bill No. 26 caused the only divi sion of the morning. House Bill No. 286 is Clayberg's measure for a pri mary law in Montana, It is a dem ocratic measure and is an adaptation of the Oregon law. Representatives Gibson, Gray and Pomeroy, the repub lican members of the judiciary com mittee, submitted a minority report on the measure recommending its indef inite postponement, while a majority report by the democrats recommending the passage of the bill with certain amendments which were necessary to avoid conflict with Montana statutes, , was also read. Representative Gray of Cascade moved the adoption of the minority report, whereupon Pierson of Carbon moved as a substitute mo tion that the majority report be adopt ed. Gray came back and moved that Pierson's motion be tabled, a vote upon which resulted in a strict party division, Gray's motion being loit, 28 1 to 25. Representative Gray then moved that I further consideration of the bill be postponed, and made a special order I of business for Monday afternoon at 1 2: 30 o'clock. Burke moved that this motion be laid upon the table, and the chair being unable to decide whether those in favor or those op posed yelled the loudest, directed at rising vote, and Burke's motion ear (Continued on Page lix.) PRESIDENT TRANSMITS REPORT OF CONSERVATION COMMISSION Document Embodying Results of Extensive Investigation of Nation's Resources and Containing Valuable Suggestions as to Best Methods of Conserving Them, Given to Congress. Washington, Jan. 22.-President Roosevelt today transmitted to con gress the report of the national con servation commission. The report was accompanied by a special message from the president calling particular attention to essential features of the document and urging such action as may be advisable and necessary to conserve the resources of the country. I The president'i message and the re port follows To the Senate and House of Represen tatives: I transmit herewith a report of the national conservation commission, to gether with the accompanying ,papers. This report, which is the outgrowth of the conference of governors last May, was unanimously approved by the recent joint conference held in this city between the national conser vation commission and governors of states, state conservation commis sions, and conservation committees of great organizations of citizens. It is, therefore, in a peculiar sense repre sentative of the whole nation and all its parts. With the statements and conclu sions of this report I heartily concur, and I recommend it to the thoughtful consideration both of the congress and of our people generally. It is one of the most fundamentally important documents ever laid before the Ameri can people. It contains the first in ventory of its natural resources ever made by any nation. In condensed form it presents a statement of our available capital in material re sources, which are the means of prog ress, and calls attention to the essen tial conditions upon which the per petuity, safety and welfare of this nation now rests and must always continue to rest. It deserves, and should have, the widest possible dis tribution among the people. Imperative Call. The facts set forth in this report constitute an imperative call to action. The situation they disclose demands that we, neglecting for a time, if need be, smaller and less vital questions, shall concentrate an effective part of our attention upon the great material foundations of national existence, progress and prosperity. This first inventory of natural re sources prepared by the natioral con servation commission is undoubtedly but the beginning of a series which will be indispensable for dealing in telligently with what we have. It supplies as close an approximation to the actual facts as it was possible to prepare with the knowledge and time available. Thep rogross of our knowl edge of this country will continually lead to more accurate information and better use of the sources of national strength. But we cannot defer action until complete accuracy in the esti mates can be reached, because before that time many of our resources will be practically gone. It is not neces sary that this inventory should be ex act in every minute detail. It is es sential that it should correctly de scribe the general situation; and that the present inventory does. As it stands it is an irrefutable proof that the ccnservation of our resources is the fundamental question before this nation, and that our first and greatest task is to set our home in order and begin to live within our means. Permanent Welfare. The first of all considerations is the permanent welfare of our people; and true moral welfare, the highest form of welfare, cannot permanently exist save on a firm and lasting foundation of material well-being. In this re spect our situation is far from satis factory. After every possible allow ance has been made, and when every hopeful indication has been given its full weight, the facts still give retson for grave concern. It would be un worthy of our history and our intelli gence, and disastrous to our future, to shut our eyes to these facts or at tempt to laugh them out pf court. The people should and will lightfully demand that the great fundamental questions shall be given attention by their representatives. I do not advise hasty or ill-considered action on dis puted points, but I do urge, where the facts are known, where the public in terest is clear, that neither indiffer ence and inertia, nor adverse private interests, shall be allowed to stand in the way of the public good. The great basic facts are already well known. We know that our popu lation is now adding about one-fifth to its numbers in 10 years, and that by the middle of the present century perhaps 150,000,000 Americans, and by its end very many millions more, must be fed and clothed from the products of our soil. With the steady growth in population and the still more rapid increase in consumption our people will hereafter make greater and not less demands per capita upon all the natural resources for their livelihood, comfort and convenience. It is high time to realize that our responsibility to the coming millions is like that of parents to their children, and that in wasting our resources we are wrong ing our descendants. Serve the People. We know now that our rivers can and should be made to serve our peo ple effectively in transportation, but that the vast expenditures for our waterways have not resulted in main tainfhg, much less in promoting, in land navigation. Therefore, let us take immediate steps to ascertain the reasons and to prepare and adopt a comprehensive plan for inland-water way navigation that will result in giving the people the. benefits for which they have paid, but which they have not yet received. We know now that our forests are fast disappearing, t that less than one-fifth of them are - being conserved, and that no good purpose can be met by failing to pro s vide the relatively small sums needed a for the protection, use and improve r ment of all forests still owned by the a goverrment, and to enact laws to pre I vent the wasteful destruction of the forests in private hands. There are differences of opinion as to the many Spublic questions; but the American people stand nearly as a unit for waterway development and for forest protection. I We know now that our mineral re sources once exhausted are gone for ever, and that the needless waste of them costs us hundreds of human lives and nearly $300,000,000 a year. Therefore let us undertake without de lay the investigations necessary be fore our people will be in position, through state action or otherwise, to put and end to this huge loss and waste, and conserve both our mineral resources and the lives of the men who take them from the earth. A Great Step, I desire to make grateful acknowl edgement to the men, both in and out of the government service, who have prepared the first inventory of our natural resources. They have made it possible for this nation to take a great step forward. The work is helping us to see that the greatest questions before us are not partisan questions, but questions upon which men of all patties and all shades of opinion may be united for the com mon good. Among such questions, on the material side, the conservation of natural resources stands first. It is the bottom round of the ladder on our upward progress toward a condition in which the nation as a whole, and its citizens as individuals, will set na tional efficiency and the public wel fare before personal profit. The policy of conservation is per haps the most typical example of the general policies which this govern ment has made peculiarly its own during the opening years of the pres ent century. The function of our gov ernment is to insure to all its citizens, now and hereafter, their rights to liberty, life, and the pursuit of hap piness. If we of this generation de stroy the resources from which our children would otherwise derive their livelihood, we reduce the capacity of our land to support a population, and so either degrade the standard of liv ing or deprive the coming generations of their right to life on this continent. If we allow great industrial organiza tions to exercise unregulated control of the means of production and the necessaries of life, we deprive the Americans of today and of the future of industrial liberty, a right no less precious and vital than political free dom. Industrial liberty was a fruit of political liberty, and in turn has become one of its chief supports, and exactly as we stand for political de mocracy so we must stand for indus trial democracy. Fundamental Rights. The rights to life and liberty are fundamental, and like other funda mental necessities, when once ac quired, they are little dwelt upon. The right to the pursuit of happiness is the right whose presence or ab sence is most likely to be felt in daily life. In whatever it has accomplished or failed to accomplish, the adminis tration which is just drawing to a close has at least seen clearly the fun damental need of freedom of oppor tunity for every citizen. We have realized that the right of every man to live his own life, provide for his family and endeavor, according to his abilities, to secure for himself and for them a fair share of the good things of existence, should be subject to one limitation and to no other. The free dom of the individual should be limi ted only by the present and future rights, interests and needs of the other individuals who make up the com munity. We should do all in our power to develop and protect Individ ual liberty, individual initiative, but subject always to the need of preserv ing and promoting the general good. When necessary, the private right must yield, under the due process of law and with proper compensation, to the welfare of the commonwealth. The man who serves the community greatly should be greatly rewarded by the ccmmunity; .ts ther's is great in equality of servic3 so there must be great inequality of reward; but no man and no set of men shilnail be al lowed to play the game of competition with loaded dice. All this is simply good common sense. The underlying principle of conservation has been descrlboed as the application of common sen.;e to com mon problems for the commun good. If the description ie corrupt, then coo, servation is the great fundamental basis for national efficiency. In this stage of the world's history to be fear less, to be just, and to be efficient are the three great requirements of na tional life. National efficiency is the result of natural resources well han died, of freedom of opportunity for every man, and of the Inherent cal;ac Ity, trained ability, k,,:wle l:"a and will, collectively una Individually to use that opportunity. Achieves Some Things. This administration has achieved some things; it has sought, but has not been able, to achieve others; it has doubtless made mistakes; but all it has done or attempted has been in the' single, consistent effort to secure and enlarge the rights and opportunl ties of the men and women of the United States. We are trying to con serve what is good in our social sys tem, and we are striving toward this end when we endeavor to do away with what is bad. Success may be made too hard for some if It is made too easy for others. The reward of common Industry and thrift may be too small if the reward for others, and on the whole less valuable, qualities, are made too large, and especially if the rewards for qualities which are really, from the public standpoint, un desirable, are permitted to be come too large. Our aim is so far as possible to provide such conditions that there shall be equality of opportunity where there is equality of energy, fidelity, and intelligence; when there is a rea sonable eqmuality of opportunity the distribution of rewards will take care of itself. Fighting Privilege. The unchecked existence of monop oly Is Incompatible with equality of opportunity. The reason for the exer cise of government control over, great monopolies is to equalize opportunity. We are fighting against privilege. It was made unlawful for corporations to contribute mtoney to the election xtlenses in order to abridge the power of special privilege at the polls. Iail lold rate control Is an attempt to se cure an equality of opportunity for all men affected by rail transporta tion; and that means all of us. The great anthracite coal strike was set tied, and the pressing danger of a coal famine averted, because we recognized that the control of a pub lic necessity involves a duty to the people. and that public intervention in the affairs of a public-service corpor ation is neither to be resented as usurpation nor permitted as a privi lege by the corporations, but on the contrary to be accepted as a duty and exorcised as a right by the govern ment in the interest of all the people. The efficiency of the army and the navy Is been increased so that our people may follow in peace the great work of making this country a better place for Americans to live in, and our navy was sent round the world for the same ultimate purpose. All the acts taken by the government during the last seven years, and all the policies now being pursued by the government, fit in as parts of a con sistent whole. Public Land Policy. Our public-land policy has for its aim the use of the publio land so that It will promote local development by the settlement of home makers; the a policy we champion is to serve all. the people legitimately and openly, instead of permitting the lands to be converted, illegitimately and under 7 cover, to the private benefit of a few. Our forest policy was established so that we might use the public forests for the permanent public good, instead I of merely for temporary private gain. C The reclamation act, under which the lesert parts of the domain are con verted to higher uses for the general benefit, was passed so that more Americans might have homes on the land. These policies were enacted into law and have justified their enactment. Others have failed, so far, to reach the point of action. Among such is the attempt to secure, public control of the open range and thus to convert its benefits to the use of the small man, who is the home maker, instead of allowing it to be controlled by a few great cattle and sheep owners. The enactment of the pure food law was a recognition of the fact that the public welfare outweighs the right to private gain, and that no man may poison the people for his private profit. The employers' liability bill recognizing the controlling fact that while the employer usually has at stake no more than his profit, the stake of the employe is a living for himself and his family. Building Canal. We are building the Panama canal; and this means that we are engaged in a giant engineering feat of all time. We are striving to add in all ways to the habitability and beauty of our country. We are striving to hold in the public hands the remaining supply of unappropriated coal, for the pro tection and benefit of all the people. We have taken the first steps toward the conservation of our natural re sources, and the betterment of coun try life, and the improvement of our' waterways. We stand for the right of every child to a childhood free from grinding toil, and to an educa tion: for the civic responsibility and decency of every citizen; for prudent foresight in public matters, and for fair play -e every relation of our na tional and economic life. In interna tional matters we apply a system of diplomacy which puts the obligations of international morality on a level with those that govern the actions of an honest gentleman in dealing with his fellowmen. Within our own bor der we stand for truth and honesty in public and private life; and we war sternly against wrongdoers of every grade. All these efforts are integral parts of the same attempt, the at tempt to enthrone justice and right eousness, to secure freedom of oppor tunity to all of our citizens, now and hereafter, and to set the ultimate in terest of all of us above the tempor ary interest of any individual, class or group. The nation, its government, and its resources exist, first of all, for the American citizen, whatever creed, race or birthplace, whether he be rich or poor, educated or ignor ant, provided only that he is a good citizen, recognizing his obligations to the nation for the rights and oppor tunities which he owes to the nation. The obligations, and not the rights, of citizenship Increase in proportion (Continued on Page Three.) NAVY MEASURE PROVOKES DEBATE OPPOSITION TO APPROPRIATION BILL MAKES VALIANT FIGHT BUT IS DEFEATED. PASSES WITHOUT CHANCE Those Opposed to an Increase in the Marine Fighting Facilities of the Country Doggedly Assail Program for Next Fiscal Year, But Their Strength is Overestimated. Washington, Jan. 22.--Exactly as re ported by the committee, the naval program for the fiscal year 1910 was today adopted by the house and the naval appropriation bill was passed. Tihe opponents of the navy increase feature of the bill found themselves In at hopeless minority. The only vital alteration made il the measure was the striking out of provisions restor ing marines to naval vessels. The ag gregate amount appropriated by the bill is $135,000,000. The increase in the naval estimate g:av rise to extend ed debate, in which members were at forded an opportunity to air their views on the Japanese question. The peace advocates were much in evidence In opposition to the increase, while the adherents of the bill were alive at all times, to every move made to cut down tihe number of vessels authorized. Speaking in support of an amend ment by Mr. Finley, striking out the battleship provision, Mr. Bartholdt (Missouri) declared that if there ever was a time when such an appropria tion was unwise and unnecessary It was now. Not Necessary. "It is not necessary," he said, "be cause we are at peace with all the world." Representative Tawney, chairman of the house committee on appropriations, vigorously attacked the program for naval increase, declaring that the Japanese agitators only desire to have the naval program adopted. He de clared there was no danger of trouble between Japan and the United States and that without a naval base in the mid-Pacific Japan could do little dam age to this country. He contended that Japan could not impose a farthing tax without causing a revolution in that country. Mr. Tawney, in his remarks, predicted a deficit of $125,000,000 for the fiscal year and of $143,000,000 for the next. Finds Reason. Replying to Mr. Tawney Mr. Hep burn (Iowa) found reason for the In crease of the navy in the warlike character of the American people. The Finley amendment was defeat ed, as was also an amendment by Mr. Burton (Ohio) to limit the naval in crease to one battleship. The house then sustained the com mittee provision of the naval bill call ing for two battleships and refused to strike out the provision for five tor pedo boat destroyers. Mr. Burton agreed with Mr. Tawney in attributing the Japanese war scare to the desire to bring pressure on congress for the naval increase. An Impossibility. Mr. Cockran. New York, said it was impossible for any two races to live together on terms of equality. He spoke of the growing numbers of "an alien race" on the Pacific coast and predicted that it would be imposisble to get the Japanese to sign a treaty of exclusion. In that event it would be necessary for congress to pass an exclusion act, and that, he predicted, would be accepted by the other coun tries as a hostile demonstration. DROWNS IN RIVER. S'pecial to The Daily Missoulian. Wallace, Jan. 22.-The body of John Koskle, a Finlander, 40 years of age, was found in the waters of the South Fork in the rear of the railroad sta tion at Kingston this morning. The man was drunk Thursday night and evidently fell off the bank of the river and drowned in about two feet of water. He had been working at Kingston as a laborer, but nothing is known concerning his relatives. He will he buried at Wallace. FOUR SELECTED. San Francisco, Jan. 22.--In the ef fort to complete a jury to try Patrick Calhoun upon a charge of bribery, 300 citizens have been summoned and ex amined as to their qualifications, and four talesmen have been temporarily passed to places in the jury box. To morrow the court will undertake the exanminatlion of the third panel. SHAHAN MAY SECURE CATHOLIC RECTORSHIP Washington, Jan. 22.-Rev. EI'homas J. Shahan of Hartford, Conn., it is stated in well-informed circles, has been selected to succeed Bishop Den nis J. O'Connell as rector of the Cath olic University of America. Bishop Carrol had originally been spoken of for the position, but was unwilling to give up his work in Montana. Dr. Shahan holds the chair of the church history at the university. He is one of the editors of the Catholic Encyclo- I pedia and is considered one of the most scholarly men in the American church. ROOT APPEA' AT SCANDAL INOUIRY SECRETARY OF STATE IS CNg F WITNESS BEFORE FEDERAL, GRAND JURY. MR. KNOX ALSO TESTIFIS Prominent Officials Give Evidenee tI Libel investigation But Deelh» te Furnish Any Intimation as to it ture of Their Testimeuny-4*ub p. naes Art Set Aside in New York. Washington, Jan. 23.--"I '1 im brought my subpoena with me," Joes larly remarked Secretary of StIls Elihu Root, who today was one of the chief witnesses before the UnDiSe States grand jury in its investigatiels of the alleged libel in ooanectiem with the purchase of the Panaa canal. The secretary made the we mark to newspapermen who sought to Interview him a few minutee Ib fore he went into the grand Jai room. Senator Knox of Pennsylvania anl Assistant Attorney General Chars W. Russell also gave testimony. AU declined to throw any light on the as ture of their testimony. The granm jury was In session about three boen todlay and adjourned to meet tomar row morning. The larger part of the morning uam taken up by the grand jury in istab Ing to the reading by Assietlt UInlted States Attorney McNamara i the various alleged libelous httlete which appeared in the Nel Yolk World and the Indianapolis New age several weeks preceding the recast presidential election. A Busy Seene. The district attorney's office pa sented a busy scene today, a lard force of clerks being engaged At marking for ready reference copies 4 the newspapers containing the aileg#g libelous matters in connection with purchase of the Panama canaL W district attorney has been frtariti with copies of the New York Wes' and Indianapolis News. Senator Knox of Pennsylvania ac companied by his private seenet., appeared this morning and wle ushered into the district attrneys et fice. It was learned that the sesI had volunteered to appear Ibefre th grand jury, as it is not possible to subpoena a senator during a sesesa t congress. He declined to state he nature of his testimony. Secretary Root also appeared to day and conferred with the distre at torney. Are Set Aside. New York, Jan. 21.-The embpeeaas served upon J. Angus Shaw, seretary of the Press Publishing company, san William P. McLaughlin, sporting edi. tor of the New York World, at tb beginning of the federal grand Jrls investigation in connection with the alleged libelous statements regarding the Panama canal purchase were at aside by Judge Ward of the United States court today. The validity of the subpoenacs were contested becres they did not name the parties in toM proceedings, but he summoned tbe witnesses to testify on behalf of tie government of the United States. Under subpoenaes thus setting fotrh the parties to the action other am ployes of the Press Publishing em pany, publishers of the World, have appeared before the grand jury and given their testimony. The fedesal grand jury, which has been taking the testimony of witnesses in the ca, was not in session today, having adE Journed until Monday. Judge Ward in his decision held that the statutes and the federal practices indicated that a wiless should be informed of the matte about which he is called to testif. DRINK ALL CHAMPAGNIE TWO TOWNS POSSESS Special to The Daily Missoulian. Helena, Jan. 22.-In the FranLkha ser trial today witnesses for the gov ernment told of the stay in Butte Vf Frankhauser and McDonald. A womr an testified in regard to a trip she ano another woman made with the al leged train robbers to Salt Lake and also to Spokane. A Butte detective told of drinking with the men and a Butte saloon keeper told of their ar rest in that town on a disturbance charge and how they were released the following morning. A Bonners Perry saloon keeper recounted the story at the carousal of the two at his plans in October. 1907, and how they con sumed in three days all the obam pagne in his town and at Sandpoitat HOLDUP FOUND GUILTY. Special to The Daily Mlssoulian. Butte, Jan. 22.-After trying for Il hours to arrive at an agreement as to the punishment to be meted out to M. J. Meaney, self-confessed robber and attempted murderer, the jury re turned into court this morning with a verdict of guilty, leaving the pan Ishment to the court. All of the e torts of the defense was to have 12 men pronounce sentence instead of the judge and in this manner the defease was defeated. Sentence will be ps-N nounced Tuesday morning.