Newspaper Page Text
' " WEATHER, TODAY Partly Cloudy, Snow Flurries.
i!feOLt LXX. 3$o. 60. Salt Lake Oitt, Utah, Tuesday Moigstdstg-, December 13, 1904. m raGES.wFivB obnml
' Ids to Trials for
m Same Offense,
Ke That They Have Al
Ky Been Convicted on
mL New Charges.
wfia Is Sustained It Will Throw
5-B tho Cases 0ut of
KtLAND, Or., Doc. 12. Before tho
moi the second of the land frauds
Kucy cases, -which was to have be
sJiw;tho United States District court
Sjrow, Judgo C B. Bollinger will
BKT'-ploas filed today by the attorneys
jjftaiio Ware, Horace G. McKlnley
jXt a. d. Putcr, convicted of con
Kto defraud the Government out of
Kjands located In township 11 south,
contend that if persons arc
fvMd with several acts of conspiracy
fcMraud and separate 'Indictments are
for each act, each net does not
tute a separate crime, but Is pre
iio bo an act in futherance of ono
racy ombracing all the alleged
fTraud and conviction or acquittal
she indictment amounts to convlc
riacqulttal on all.
ho ground that a person cannot bo
placed In jeopardy for the same
t they allego persecution on tho
Pbuld End Further Action.
effect of this latest move of do
its to avail themselves of every
Icallty of law, would be, In case
ire sustained, to bring to an cad
Sequent proceedings against thoso
ants already convicted of con
f. It was the intention of tho dc
to brine the matter before the
Sitoday, but the non-appearance of
5 KBelilngc-r prevented, and It will
ly bo settled tomorrow.
p les A- Hr.rdy. representing MIsa
:Uiaa lied with the court a plea of
n rfacqulttal and this will bo argued,
It ileast disposed of by the court be
V Jie case now pending Is proceeded
'2 Mr. Hardy, In his plea, holds that
Miss Ware was Indicted by tho
: JJury for conspiracy to defraud tho
. liStales out of a part of Its public
and was tried on that Indictment
jon motion of the prosecution, waB
led, that such procedure and such
till forms a bar asalnst further
lutlor. on the same charge, under
le of law which provides that a de
it cannot be placed twice In Jeop
for the same offense.
J. Make tho Same Plea.
yt fo Thomas O'Day, representing tho
defendants In conjunction with
I incc Pntcr, will file a plea of former
i itlon tomorrow In behalf of S. A,
I iter, Emma L. Watson and Horace
el :Klnley. The attorneys for the do-.
'l' contend that since the defendants
I rned have already been convicted
I insplracy to lofraud the Govern-
.out of Its lands, they cannot, under
S it, be again tried for that ofTense.
I rlct Attorney John H. Hall on the
I land takes tho position that the ln
its In the prior case were not for
--' Ing to defraud the Government out
;! Ic lands In general, but out of land
silly described as being a part of
- Hip 11 south, range 7 east.
conspiracy, contends tho prosecu-
ii jpon which the Indictments were re-
;ln the case which will be trk-d lo-
w, was formed subsequently to that
Tf which tho Indictments in -the first
:S were made, and upon entirely dlf-
jCourt Huled Against It.
II upport of his view, air. Hall calls
Ion to tho fact that during the ilrst
Z court would not allow any cvl
J lUndlns to show conspiracy to de
""Ut of any lands other than those
t township. It la therefore evident,
IK to Mr. Mall, that two separate
tlnct crimes or conspiracies have
iKjiarssd, which makes tho .pleas of
tense of no effect and void.
fa .Butt, who has been endeavoring to
01 a' bond of J2000 for the conspiracy
f no ono of S-1000 for tho case of for--i
!j"Slng over him, has been unablo
riao bonds satisfactory to tho pros-
ft attorney and' is therefore In jail.
JTVaE arraigned thin mornings and
' J. Jot guilty to tho charges placed
m m m tllc Indictment. Ho will,
m i; John Doe In tho conspiracy case,
0 w trla tomorrow, while the trial of
V nga nst him will bo tried at a
Congressmen Can't Come.
.!&TLAND. Or. Dec. 12. According to
"tronlan, United States Senator
iutchell and Congressman Blngor
will both be unablo to come to
iK1.4 and testify In tho land, fraud
rf"io trial of which will commence
days ago subpoenas wero sent
wciai Prosecutor F. X Hency to
jjimngten. D. C. asking Senator Mltch
Ri V on.8rcssman normann to como to
iJml Pecc'nber 15 to testlfv. Their
P-Ktm . ' bcen received by United
5JI)l3irict Judgo C. B. Bellinger, and
inat press of offlclnl business prc
tneir aitendanco at the trial.
W tho few days that Intervene bo
fMi"0 anl tho Christmas recess, thov
M??ral ,,lllB o tho utmost Import
4 !-Pre0'1 will corno beforo Congress,
nlch' u 13 expected, will bo-
9x lon.: . thoro aro important bills
WRnJ.wFf'1.1- committees which
'01 by tht'lr absence. In view of
llMhnt Km9tan,c(1B "cither gentleman
.h(tcan e;ivo tho capltol at such
"ZK-J .?hv?B .lht'y r?CTCt tho fact that
!ab,(J 10 nff0t tho Government
'iVS,' it lu 1,1 lho,r Power In the pros
,Tjn. or the cases.
JWTo Protect Pish Industry
JlKCLAND Or., Dec. 12 Itrlqliiivn
of OreCgon1-and ElIih0.
JKbS; .mcct a,1 Alorla this week to
K Hohbcd Express Safe.
to Tlie Tribune.
m?. Xev.. Dec 12.-The safe In tho
lIthBcxPreB8 ottlc w robbed of
fflita no cluo to tho thieves.
Over Clado Case
Demand of Captain for Court-Martial
Trial Meets Newspaper
ST. PETERSBURG. Dec. 13, 7 a. m.
Tho Capt. Clado case promises to pnss
the limits of a- mere perfunctory arrest
for breach of discipline, and possibly to
bccomo .a celebrated caso In Russia. Tho
Xovoe Vrcmya this morning outspokenly
takes up tho Captain's demand for a
court-martial, declaring that both as an
honorable officer and as an expert naval
critic Capt. Clado spoke nothing hut tho
truth, which should he clearly presented
to tho nation, and odds:
"Foreign reports of tho sinking of the
remnant of tho Port Arthur squadron
emphasize tho urgency of reinforcing
Rojcstvensky, and prove that the warning
should havo been heeded rather than
More remarkable still, tho Russ simul
taneously prints a letter over Capt.
Clado's signature, rcltoratlng all ho has
provlously said concerning the necessity
of reinforcing Rojostvonsky, nnd declar
ing that the Admiral, beforo starting for
tho far East, expected that this would bo
Capt Clado was arrested December 9
for criticising tho high Admiral. Grand
Duko Alexis, and tho admiralty. He has
demanded a trial by court-martial, de
clnrlng that his arrest on tho ground of
distorted facts Is a stain on his honor.
Mnyecome Matter of Protest.
ST. PETERSBURG. Dec. 12. Consider
able Interest Is manifested In the report
from thp Island of Perlm. In the Straits of
Bab-el- Mandob. that the British steam
ship St. Leonards was taken to Perlm by
the British cruiser Fox because sho was
credited with carrying coal for tho Rus
sian second Pacific squadron, and par
ticulars are anxiously awaited. If It
should appear that the St. Leonards was
stopped solely for the reason that she
was carrying coal for tho Russian squad
ron tllo matter Is likely to become the
subject of a protest to the British Government
Grand Duke Won't Resign.
ST. PETERSBURG. Dec. 12. It Is now
affirmed that Grand Duko Serglus, undo
of Emperor Nicholas, has abandoned his
Intention of resigning the Govornor-gen-cralshlp
of Moscow and that ho Is yield
ing to the opinion of the Emperor re
garding Interior Minister Svlatopolk-Mlrsky
Scarcity of Men at Port Arthur.
LONDON, Dec. 13. A dispatch from
Toklo to tho Dally Mall says: "An ofllcer
who has returned from the army beforo
Port Arthur says tho delay observed In
Russian preparations for gathering the
dead during the armistices showed a
scarcity of available men In tho garrison."
RIGA. Russia. Dec, 12. Incendiary proc
lamations were distributed yesterday to
tho congregations leaving tho churches.
Tho culprits wore arrested. No disturb
No Fighting- on Large Scale.
ST. PETERSBURG. Dec. 12. Tho general
ntnn has no Information confirmatory of tho
foreign report of a Japanese advance below
Mukden. According to ofllclnl reports, no
fighting on a large scale Is In progress or Im
minent. On tho contrary, the situation la
Doubtful Japanese Pveports.
BT. PETERSBURG. Dec. 12,-Tho authori
ties havo no lato news from Port Arthur and
the public Is compelled to depend on Informa
tion furnished by the Japanese. Thcro In
nn Inclination to accept these reports with a
good deal of allowance.
Japanese Girl Not Shot as Spy.
VLADIVOSTOK. Dec. 12. Thcro Is abso
lutely no truth In tho report (which was pub
lished in the United Statoa on December 10)
that the daughter of a Japanese officer had
been shot, as a spy by order of tho military
No Hussian Expedition to Persia.
ST. PETERSBURG, Dec. 12. Tho roport
that Russia, has sent a new expedition to
southern Persia la denied.
THIEVES GET $2500.
Iowa Postoffice Looted, but S1300 Re
covered. DES MOINES, la . Dec. 12. Robbers
entered tho postoffico at Relnbcclc, la.,
during the night and got away with
52.7X). An exchango of shots took place
between a posse of citizens, but the rob
bers made their escape
The posso purmied the robbers on a
hand car Six mllcu away, after ex
changing shots with them, ono man, who
gavo hl:j name as James Roach, and said
ho was u railroad man, wtus captured.
From him $1300 wns recovered.
Further on tho Town Marshal of Bcc
num captured another of the robbers.
Tho third escaped
Prince Fushimi's Visit Ends.
NEW YORK, Dec. 1Z Prince Fushlml
has concluded his tour of observation and
servants are busily engaged preparing
his baggage for the homeward Journey.
Ho will lcavo at S:45 o'clock tomorrow
morning and will atop In Chicago for a
day and will then hasten to San Fran
cIbco to sail for Japan.
Expect to Sign Peace Treaty.
BUENOS AY RES, Dec. 12. Foreign
Secretary LarreUt officially announces
that tho negotiations between tho Gov
ernments of Paraguay and tho revolu
tionists in that country are proceeding
favorably and that It Ib expected a treaty
of peace will be signed tomorrow.
Lauricr in Los Angeles.
LOS ANGELES, Cal.. Dec. 12.-Slr Wil
frid Laurler, Premier of Canada, arrived
In Los Angeles today from Santa Barba
ra, accompanied by his wife and pri
vate secretary. They will remain hero
about three days.
Cornell Professor Called West.
ITHACA, N. Y.. Dec. 12. Prof. HarrlH J.
Ryen of tho department of electrical onKl
nocrlne at Cornoll university will becomr. tho
head of tho electrlcnl pnglncvrlnc department
at Leland Stanford Junior university August
Paderowski Arrives in 'Prisco.
SAN FRANCISCO. Dec. 12. Among tho
passengers on the steamship Ventura,
which arrived today from Australia, wa&
Ignaco Padcrcwskl. tho pianist. Ho Is
accompanied by his wlfo and will give
a series of concerts lu tho Unjtcd States.
! APOSTLE DOWIE
Shadow of Bankruptcy
Lifts Financial Burden of
$435,000 From The
Receivers Discharged and Ono Hun
dred Cents on Dollar Given
CHICAGO. Dec. 12.-ZIon City has paid
the final Installment on tho big debt
which a year ago Involved It In sensa
tional bankruptcy proceedings and
threatened to wreck tho gigantic enter
prise established by John. Alexander
Checks wero sent out today by Deacon
C. J. Barnard, head of tho financial de
partment of Zion, In payment of tho final
10 per cent, approximately $140,000, of
tho oi'lglnal Indebtedness of moro than
Tho payment brings to a conclusion ono
of tho most remarkable caacs of applica
tion for bankruptcy In tho annals of tho
country. One year ago a numbor of
creditors of ZIon City petitioned Judgo
Kohlsnat for tho appointment of receiv
ers for the Zion Institution.
At thnt moment affairs had an exceed
ingly gloomy outlook. Mrs. Dowlo was
In Europe, and reports had It that she
had carried away with her vast sums of
John Alexander Dowlo was preparing
for doparturo on January 1 for Australia
and tho continent. Tho creditors num
bered 1100, nnd the aggrcguto amount of
their claims footed up $135,000.
Judgo Kohlsaat appointed recolvers and
they took charge of Zion. Dowlo pro
tested that he could pay the debt In a
year If tho receivers wore removed.
Then came the appointment of a com
mittee of the creditors. Thoy heard tlm
argument of tho head of Zion and camo
to tho conclusion that ' ho was better
fitted to conduct the affairs of Zion than
any other person. It was arranged that
ho was to pny 10 per cent In three
months. 2o per cent In six months, an
other 25 per cent In nine months and tho
balance of 10 per cent In a year.
The receivers were discharged. Dowlo
has kept his agroemerit to tho letter and
paid 100 cents on the dollar of every
MUST MAKE MAN-WAY.
Three Hundred Miners Idle Because
. of Action of Mine Inspector.
RED LODGE. Mont.. Dec. 12. As a re
sult of the action of Stato Coal Mlno In
spector Welsh tho Gebo coal mine, ono
of tho largest taxpaylng concerns of tho
county, was closed down this evening.
Sheriff Potter serving an injunction or
der, Issued In tho District court by Judge
Henry this afternoon.
It Is claimed In tho complaint of tho
coal Inspector that tho Clark Fork Coal
company Is disobeying tho Stato laws by
falling to provide proper ventilation, and
In not having a manway for the uso ot
miners independent of tho regular haulage-way.
lTnder th law the cnal company will
remain closed until a manway Is made.
About 300 men are affectod.
Sensation in Mississippi Over Arrest'
of Three Wealthy Citizens.
JACKSON. Miss., Doc. 12.-A sensation
has been created by the Indictment of
Dr. H. T. Montgomery, member of tho
Legislature, and J. C. Bryant and J. B.
Willis, member of the board of County
Supervisors of Lincoln county, on tho
charge of whlto-capplng. Moro than -100
Indictments havo been found against al
leged white-cappers, those Indicted In
cluding a number of tho wealthiest cltl.
zens of Lincoln county. Tho socloty Is
directed against negroes, and death Is
tho penalty for violation of the oath.
TO WED BEFORE CHRISTMAS
Miss Leiter to Beconio Earl of 'Suf
folk's Bride December 23. V-
CIIICAGO, Dec. 12. The wedding of
Miss Daisy Loiter' and tho Earl of Suf
folk, whose engagement was announced
last night by Mrs. Loiter, will tako place
at the Washington residence of tho Loit
er family some day during tho last week
In December. Wednesday, December 23,
Is sold to be tho probablo date.
Miss Leiter Is now in Washington. Mrs.
Loiter left for tho East tonight.
Mexican Band to Accompany Elks.
EL PASO. Tex.. Dec. 12. Governor
Ahumada of Jalisco. Mexico, has ten
dered his band to the El Pnso Elks to
accompany them to Brooklyn next .sum
mer, when they will begin a campaign
for the capture of the 1W7 meeting of tho
Secretary Tnft in Florida.
PENSACOLA, Fla Dec. 12. Tho
cruiser Columbia, having on board Sec
tctary of War Taft and a. party of of
ficials, arrived from Panama tonight.
Secretary Taft probably will depart to
morrow noon for Washington.
Blew Off His Head.
Special to The Tribune.
BUTTE, Mont., Dec. 12. Asa G. Van
gorder, general brldgo director of the
Great Northern, bUiw his head off with"
a shot gun because tho office ho hold
had boon abollsh&d.
Demnnd for Seats for "Der Roland
Von Berlin" Far Beyond tho '
BERLIN, Dec. 12. Emperor William
today personally superintended a dross
rehearsal of Leoncavallo's "Dor Ro
land Von Berlin." Only a few mem
bers of the Emperor's household wero
permitted to be with him in the Royal
opora-house while the rehearsal was
proceeding. The Emperor made several
Buggestlons of a practical sort.
The desire for seals at the first pro
duction of the opera tomorrow was so
great that several hundred persono lined
up beforo the opera-house before 9
o'clock Saturday evening waiting for
the box-offlce to open for the week's
sale at 10 o'clock Sunday morning'.
At thut hour the management an
nounced that the Emperor had reserved
most of the parquet and balcony stalls
for his guests. Tho speculators, who
have been severely treated, are offer
ing; $15 to $20 for eat and are re
selling them for $25 or $30. Such prices
have never before bcen known In Ber
lin. Leoncavallo received an offer of $750
to be devoted to charity If he would
get a box for six persona "If you wore
to offer me $10,000 It would bo impos
sible," was the composer's reply.
"Sleep well tOnlght, by order of tho
Emperor," said Emperor William, laugh
ing, to Leoncavallo, at the conclusion of
the llnal rehearsal of "Dor Roland Von
Borlln," alluding to tho fact that tho
composer for several nights had been
unablo to Bleep on account of anxiety
over tho success of tho opera, and there
by expressed his satisfaction with Loon
cavallo's work In Its finlshod form.
"That was surely a very good Idea of
mine," further remarked tho Emperor,
commending both his own conception of
tho new opera and tho way In which
tho Italian had worked It out. So far
as tho Emperor Is concerned, "Roland"
may bo reckoned a thorough success.
SOME ERRORS CORRECTED.
Inaccuracies Crept Into Table on Advertising-
On Sunday The Tribune printed a ,
table showing: the advertising carried
by the four Salt Lake dally papers In
the period from July 1, 1904, to Novem
ber 30, 30W, Inclusive. Some' Inaccura
cies appeared In the figures, owing1 to
defective corrections, and, as properly
corrected, they are given herewith, as
2. o "2.
tr, n 3 o
c z. u tn
f f I f
Reading matter. 1 1S2,80I1G3,333 179.813 U7.C0O
Local Advt'lng.. 108.S30 S3.KM 61.875 G7.0S1
For'g'n Advt'ng 1S.S50 S.7S5 12.025 6,100
Class. Advt'lng.. 24,074 14,024 7,553 8,235
Total all classes
Tnattcr 329.C00 274,736 2C2.171 163.SC7
This ltom includes frco advertising
which appears In tho Herald.
These figures show The Tribune to
be by far the favorite of all the papers
of this city with the advertising public.
SAVING BY LUCIN CUT-OFF.
Reduces Operating' Expenses Nearly
Million Dollars a Year.
SAN FRANCISCO. Dec. 12. Tho South
ern Pacific company's Ogden-Lucln cut
off across Great Salt lake has now been
In operation long enough to permit tho
operating department to gathor figures
Justifying the expenditure of tho many
millions which tho big Improvement cost.
The cut-off Is saving tho company on
an average of $2500 a day In operating ex
penses, or a little moro than $1KK),000 a
year, and this amount will steadily grow
as tho traffic over the Oguen lino in
creases. Interest charges growing out of
tho construction of the cut-off aro $310,
000 a year. 1
Tho operating officials of tho Southern
Pacific aro watching with much Interest
certain experiments now being conducted
on the Union Pacific with the uso of
gasollno motor cars. Tho gasoline motors
aro designed for use on spur lines, and
It Is said that If they came up to expecta
tions thoy will bo employed On tho South
ern Pacific as well as tho other Hnrrl
INJUNCTION IN FORCE. "
Another Man Arrested for Deporting1
OURAY, Colo,, Dec. 12. Holding that hl3
Injunctions of last March restraining cor
taln citizens of Tcllurlde and tho military,
which was then In control there, from de
porting union minors was still In forcc.Dls
trlct Judce Theron Stevons today ordorcd
tho arrest of William Arnold of Tellurldo
on a complaint sworn to by a miner of tho
trlct, alleging that Arnold had been In
strumental In driving him from his homo
In Tcllurlde recently. Arnold has been
summoned to appoar before Judgo Slovens
on December 20 to show cause why ho
should not bo punished for violating tho
Considerable surprise has bcen occa
sioned by the action of Judgo Stevens, In
asmuch ns his order' of last spring was
understood to bo directed more against tho
military officials than Individuals.
Convicted of Forgery.
MISSOULA, Mont.. Dec, 12. Sergt. Fox,
formorly of company K. Twonty-fourth
Infantry, lias been convicted of forging
tho name of Capt. Maxey to a check, and
ncntonced by court-martial to llvo years'
Imprisonment. Fox desorted aftor pass
ing the chuck, but was captured hero.
Big Offer for Oregtra Hops.
TACOMA, Wash.. Dec. 12, A local hop
dealer offers twenty-nine ccntB for Ore
gon hops, Immediate delivery, and twenty-eight
cents for delivery Fobrunry l.
Ho offers to deposit $10,COO to bind sales.
Mormon Doctrines Under Fire I
Penrose Helped Edit
George Reynolds Makes
Also Tolls of Polygamous Marriages
Since Woodruff Manifesto
By A. P. Philips.
Spoclnl to Tho Tribune,
WASHINGTON, Dec. 12. As a gram
marian tho Lord Is not a success, ac
cording to Recorder George Reynolds.
Rc-velatlony from the Almighty are not
couched In language to suit the first
presidency and the apostles.
This In substanco la what George
Reynolds, llrst president of the seven
tics, superintendent of Sunday-schools
and secretary of the missionary com
mittee, testilled to before the Senate
Committee on Privileges and Elections
at the hearing of the Smoot charges
today. Reynolds was talking of the
Woodruff mnnlfesto abolishing polyg
amy and, while admitting it to bo a
direct revelation from God, he declared
that Its grammatical construction was
not of the kind to please the president
and tho apostles hence It was turned
over to three elders to revise and re
write. Edited Before Promulgated.
Thce elders were Charles W. Pen
rose, John R. Winder and himself. They
pruned and trimmed it after President
Woodruff received it direct from God
and before It was promulgated by tho
late president of the church. This is
the flr&t admission that an author's
manuscript was given to the public as
a divine revelation.
Reynolds was on the stand nearly all I
day and was set aside a few minutes
beforo the committee adjourned for the
day in order that James H. Hamlin
might be heard. Reynolds will tako
the stand again tomorrow.
Dr. J. M. Buckley of Morrlstown,
N. J., editor of the Christian Advo
cate of New Tork, and one of tho
strongest pulpit orators of the Meth
odist church, was tho first witness
heard today. He detailed his Inves
tigation Into Mormonlsm several years
ago and of late years. Ho dwelt par
ticularly upon the sermon delivered by
President Joseph F. Smith In the tab
ernacle last July at a meeting- of the
Young Men's and Women's Mutual
Improvement associations. In which the
head of the church declared he would
not shrink from exile. Imprisonment or
any earthly hardship rather than give
up his plural wives.
The inference drawn from this was
that the. church continued to preach
polygamy despite the manifesto.
Marriages Since Manifesto.
George Reynolds, whole on the stand,
frankly admitted that ho Is a polyga
mlst. He alre admitted that the church
could grant divorce to all wives of
Saints after the lntters' death. He said
ho believed his daughter Id a plural
wlfo of Benjamin Clough, Jr.. of Provo,
and said the marriage had taken place
In Mexico a few years ago. Neither,
however, had lost standing In tho
He Interpreted the Woodruff mani
festo to mean that polygamlsts could
continue their relations with their plu
rals, but that no future plural mar
riages should take place. He said he
had children by a plural wife eighteen
months ago. He understood Apostle
Teasdale and Appslle Cannon had
married since tho manifesto. As to
church courts, his anawers were eva
sive In most Instances.
J. II. Hamlin, a brother to Lllllnn
Hamlin, said he had learned from his
wife that Lillian was married to Abram
Cannon Just off the Pacific coast In
1S9C. by President Jos-eph F. Smith.
Their daughter Martha, who Ip an Is
sue of that marriage, inherited a por
tion of the Cannon estate. The wed
ding occurred on the high seas. Ham
lin answered in monosyllables mostly.
He was frightened, apparently, and re
plied to questions almost Innudibly.
Senator Smoot and the Utah contin
gent were present when Senator Bur
rows called the committee to order, the
apostle-Senator being the first to ar
rive. Senator Smoot Is greatly wor
ried over the inquiry and has little to
Congressman Howell, Republican
State Chairman Spry nnd his wife. H.
13. Booth and his wife were Interested
spectators. A number of Utah resi
dents wore' nlso present. Most of tho
witnesses who wore subpoenaed have
A gentleman luro from Boston tolls
this story on Henry Pcery. tho well
known mining operator of Salt liko. Mr.
Peery, who has recently boon In the
Massachusetts metropolis, was, according
to tho story, seated In the rotunda of a
well-known hostelry there whon a strap,
ping big follow slopped up to him and
"Bo you Henry Peery of Salt Lake?"
"Yeo, air," replied tho Salt Laker.
"Aro you tho mombor of tho Domo-
cratlo National committee from Utah9"
again queried tho big man. "Yes, sir,"
responded tho Utahn.
"Well, I'm powerful glad to sco you. A
friend of mlno hero told me you voted for
Parker and from a closo study of the rc
turns I am led to bcllovo that somo
damned cuss besldo myself did cast a
ballot for him, so If yori aro tho man, I
want to shalic hands with you " Thon
tho meeting adjourned and tho two took
Senator Burrows has presented to tho
Senato a resolution providing, according
to tho Constitution, for tho canvass of
tho volo for President and Ylcc-Presl-dent.
The two branches of Congress will
meet In the chamber of tho House of
Representatives at 1 p. m., February S,
to proceed with the canvass. The reso
lution was referred to tho Committee on
Privileges and Elections.
Tho Socretnry of tho Interior has au
thorized the advertisement for bids for
the construction of an outlet tunnel About
125 square feot cross section nnd about
500 feet long, and two vertical shafts. In
solid granltJ, to serve as a diversion tun
nel for the Pathfinder dam. about fifty
miles southwest of Casper, Wyo., on tho
North Platte river.
Chairman Yrllllam Spry and wife, and
II. E. Booth and wife, will bo presented
to tho Presldont in the morning. Con
gicfsmaii Howell will escort them to tho
Whlto Houso Thoy leave for homo
Wednesday. M,r. Booth told The Trib
une today that his visit was not for tho
purpose of seeking an official place, but
that legal business called him East.
Later on. however, he said he might en
ter a contest for an ofllcc.
Mrs. Anna McKoan Whlto of Philadel
phia, who campaigned In Idaho last fall,
battling against church domination, is
hero attending tho Smoot hearing. Shp Is
not discouraged over tho result In Idaho
and Utah, but 1b ready to mako a fight
again two years hence.
Sonator Warren today introduced bills
to Increase the pension of Arthur Maher
nnd W. C. Pollard of Choynne, and
Gcorgo N. Bradley of Ovln, Wyo.
CANNOT DELEGATE RIGHTS.
Telegraph Companies May Use Bail
road Property, but Not Lease It.
WASHINGTON, Dec. 12. Tho case in
volving tho right of tho railway com
pany to romovo the telegraph company's
poles originated In New Jersey. Justice
McKenna said tho lolegraph company
contends that tho necessary Implication
from the provisions of the act of lCfl
pormlttlng telegraph companies to uso
post roads is that telegraph companies
may appropriate for their poles and lines
a part of tho rlghts-or-way of railroads
In Invlctum upon paying Just compensa
tion. In other words, that tho act In
vests telegraph companies with tho right
of eminent domain. Tho railroad com
pany, ho said, asserted that tho act gives
tho consent of tho Government to tele
graph companies to construct lines
through Its nubile domain and over and
along Its military and post roadB which
are not tho property of private corpora
tions, and across navlgablo streams of
waters, but gives no right to approprlato
private property and Is an exercise by
Congress of the National power over Inter-state
commerce to sccuro telegraph
companies from "hostile Stato legisla
tion or contracts violative of an an
nounced public policy."
This point was decided adversely to tho
Western Union, on the ground that "emi
nent domain can not bo delegated." and
that "lessees can not exercise It."
FORCED INTO BANKRUPTCY.
New York Firm of Promoters Caught
in the Amalgamated Crash.
NEW YORK. Dec. 12. A petition ask
ing that Gcorgo and Alexander Munroo,
composing tho firm of Munroe & Munroo,
brokers, be declared Involuntary bank
rupts, was filed today. The petition was
filed by John M. Shaw & Co., with a
claim of $12,275; Donald Gordon & Co.,
with a claim of $10,193. and by S. D. Braun
& Co., with a claim of ?ol,22o. Tho
creditors allege that Munroo & Munroo,
on December 7, being then insolvent,
transferred property, thus constituting an
act of bankruptcy.
Munroo & Munroe wero more promi
nent as promoters than as brokers.
Among tho companies which thoy pro
moted was tho Marconi Wireless Tele
graph company of America, capitalized at
?6.0W,000. The firm had acted as fiscal
agents for the Montreal and Boston Con
solidated Mining and Smelting company.
In the break In tho prlco of Amalgamated
last Thursday Munroe & Munroo wero
offered more Montreal & Boston stock
than they could take, and had to suspend.
MRS. FISK IN NEW PLAY.
"Leah Kleschna" Graciously Reserved
by Larg-e Audience.
NEW YORK, Dec. 12, Mrs. Flsko and
her company with several now faco In
tho cast produced C. M. S. McCloUan'a
play, "Leah Kleschna," at tho Manhat
tan theater tonight. Mrs. Flsko had tho
tltlo role a part suited to her talonts
and was graciously received by a largo
audience. Tho company la admirably
balanced. John Mason plays Sylvalu. and
Charles Cartwrlght, who tonight made
his first appoaranco In America, took tho
rolo of the fathor. Kleschna. George Ar
llss. Ellonno Glrardot, Frances Wcllstead
and Mary Madden woro woll received.
TO RAISE SALARIES.
Senator Stewart Introduces Bill to In-
creaso Pay of President.
WASHINGTON. Dec. 12. Sonator Stew
art today Introduced a bill to llx Presi
dential and Congressional salaries. It pro
poses to ralso the salury of tho President
to $100,000 a year, of the VIco-Prosldont
and Spoaker ot tho Housu of Representa
tives to J20.0CO oach and each Sonator,
Representative and. dclogato to $10,000. It
Is provided that the bill shall tako effect
on March 4, 19C9.
Chinese nnd Kaffirs Fight.
JOHANNESBURG. Transvaal, Dec. 12.
Ono of tho most sovoro fights botweon
Chinese and Kaffirs slnco tho advont of
tho former occurred at the Wltwaters
rund mlno Sunday. Tho Chlnoso took
the offenslvo and when tho disturbance
was quelled It was found that threo Kaf
firs and ono Chinese had been killed and
tight Kaffirs and twenty-flvo Chlneso
1 s 1
Rev. Dr. Buckley Firs! I
Witness, . I
Defendant and Counsel Ar
rive Early Ready for
President Smith's Remarks on Mar-
riage and Divorce Subject jH
of Testimony. jl
WASHINGTON, Dec. 12. Three wit-
n esses were heard today in the case of 1
Senator Reed Smoot before the Scnat-i J
Committee on Privileges and Elections. 1
The committee resumed Us Investlga- IH
tI6n after a long recess. The first wit- H
ness was Rev. J. M. Buckley, editor of
the Christian Advocate of New York, H
who told of a Mormon meeting he at-
tended in Salt Lake last summer, in ll
which President Joseph Smith declared il
he would not give up his plural wives. H
George Reynolds-, a high official of the iH
church, testified In regard to the cere- jjH
monies that have taken place In the iH
endowment house and concerning eccle- IH
slastlcal divorces granted by the jjl
church, and John Henry Hamlin told (il
of the plural marriage of his rlstT, ll
Lillian Hamlin, to Apostle Abram Can- ll
non, which ceremony he said he under- ll
stood to have been performed by Presl
dent Smith since, the manifesto of 1S31
Most of the testimony related to thr
Inside church policy, but did not con
nect Senator Smoot with any of tho
alleged violations of State of National
statutes. The committee adjourned un-
TESTIMONY IN DETAIL.
Witnesses Tell of Polygamy, Eccles- ll
iastical Divorces and Church Policy.
WASHINGTON, Dec. 12. Hearings
of the protest against Reed Smoot, Ju
nlor Senator from Utah, retaining his
seat in the United States Senate were
resumed today In the Committee on
Privileges and Elections. The room was
crowded, women predominating among
the spectators, as was the case last ses- tl
sion. Senator Smoot arrived early, ac-
companled by Waldemar Van Cott, a fl
Salt Lake City attorney, who Is assist- ll
Ing A, S. Worthlngton of this city In
the conduct of the defense. Judge rH
Franklin S. Richards of Salt Lake City,
adviser to Mormon witnesses, and Mr.
Worthlngton, were nlso present. For- ll
mer Representative R. W. Taylor of ffl
Ohio acted again as the counsel for tho ll
Protestants. When the hearing opened fyl
the members of the committee present ll
were Senators Burrows, chairman; il
Foraker, Dubois, Pettus and Overman. '1
The first witness called by Mr. Tayler jH
was Rev. J. M. Buckley, D. D., of Mor- ,M
rlstown, N. J., editor of the Christian
Advocate of New York. Dr. Buckley
told of visits to Utah In 1901 and again
last June. At that time he attended a
Joint convention of the Young Men's jH
and Young Women's unions of Mormon-
Ism. Those who spoke were Brlgham jH
H. Roberts, Elmlra S. Taylor and Pres- JM
ident Smith. 'H
The line of Inquiry Introduced by At- H
toruey Tayler concerning the meeting ijl
was In referonce to what had bcen said iH
at the convention about the polygamous iH
Talked of -Smith's Testimony. H
The witness said this subject had not !H
been discussed by Mr. Roberts or Mis il
Taylor, but the former told of "Presl-
dent Smith's unequal conflict with the il
Government" in connection with tha, lH
testimony given last winter before tho
Privileges and Elections committee. iH
Dr. Buckley read from an article ho- jH
had written concerning the convention, 'H
and quoted from the apoech of Presl- jH
dent Smith on the subject of marriage.
The witness said that for ten or fifteen 1
minutes President Smith had talked of lH
I the responsibilities of marriage and iH
how the contract Is regarded by many 'H
"Then," said Dr. Buckley, "President lM
Smith drew himself to his full height IB
and spoke on the subject of divorce. H H
said that the mothers of his children
had been given him by God and wero
saints of God. He deplored tho mother-
in-law jokes and said that his own lH
mothers-in-law were the best friends ho
ever had: .that they were 'truo women
worthy of their daughters." lH
Dr. Buckley read from another ar- SH
tide on this meeting which said that Nl
President Smith's voice rang out "As
strong as William J. Bryan's." as ho
defended the Mormon marrlngo and de- 'H
clared that polygamy was not adultery jH
but was a system of marriage. !H
President Smith was quoted by the lH
witness as saying that he could not jH
give up any of his wives; that It meant
eternal damnation to abandon a multi-
pllclty of wives. H
Good Word for Smoot.
Dr. Buckloy said he had made In- H
qulry concerning Senator Smoot and he H
had found no one who said one word iH
against him. Everywhere, the witness :m
said. "Senator Smoot was given an ex- H
cellent character." -H
On cross-examination Mr. Worthing 'H