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Fergus County argus. (Lewistown, Mont.) 1886-1946, June 21, 1905, Image 1

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Persistent link: http://chroniclingamerica.loc.gov/lccn/sn84036228/1905-06-21/ed-1/seq-1/

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Vol. XXII. No. 47. ~W
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LEWI 5 T 0 WN, FERGUS COUNTY, nONT., WEDNESDAY EVENING, JUNE ai, 1905.
Price 5 Cents.
REPUBLICAN IN POLITICS. AND DEVOTED TO THE MINERAL, AGRICULTURAL, STOCK AND WOOL INTERESTS OF THE GREAT JUDITH COUNTRY.
SEARCH FOR
QUAY'S BODY
Ranchers of Rogers Organize, and Will
Begin Work Tomorrow Morning,
Starting From Quay Ranch.
BELIEVE MAN WA8 MURDERED
WIN Qo Over Every Foot of Ground
in the Entire District—Confident
of Success.
The mystery surrounding the strange
disappearance of John Quay, the young
rancher of Rogers, who has been
missing since last fall, is to be solved
at last. Tomorrow morning, nearly
all the ranchers in the vicinity of
Rogers will meet at the Quay place,
and after being thoroughly organized,
will commence a search for Quay's
body that 1 b expected to finally deter
mine whether or not Quay was mur
dered. The ranchers intend to care
fully search every foot of ground m
the district and are entirely confident
that their efforts will be successful.
The facts in this remarkable case
were fully stated in the Argus some
months ago, and ever since then in
terest in it has been growing, not only
in the vicinity of Rogers, but all over
the Judith basin. The result of the
search about to begin will be awaited
with intense interest by scores of peo
ple who never knew Quay, but who
want to see the mystery cleared up.
History of the Case.
John Quay, a young Scotchman,
came to Montana a couple of years
ago, and having some means, decided
to engage in ranching, selecting Rog
ers as a good place to begin opera
tions. He secured some land, and by
strict attention to business, soon com
menced to prosper. He raised some
good crops and gathered a fine bunch
of stock on his place, and while thriv
ing in a material way, won the good
will of his neighbors. Last fall he
laid in his supplies for the winter, and
the last time he was ever seen, took
a couple of horses to a neighbor's,
stating that he would call for them
next day. He failed to appear, and
soon afterward a visit to his place
revealed the fact that he was not
there. Quay lived alone on the ranch,
and the house was found to be in
good order. The neighbors waited for
some time, and finally reported the
matter to the authorities, with the
result that Sheriff Slater and County
Attorney Ayers visited Rogers and
made as careful an inquiry as was pos
sible. At the conclusion of their in
vestigation, they reached the same
conclusion—that Quay had been mur
dered. It was ascertained that when
Quay was last seen, he had a con
siderable sum of money on his per
son, and that he had previously had
trouble with a rancher living in the
neighborhood. Since the Inquiry, that
person has also disappeared, but it is
believed he can be easily found if
wanted. At the time the officers vis
ited the place, the snow was very deep
and it was decided that nothing fur
ther eould be done until conditions
were favorable for a thorough search.
There the matter has rested ever
since, but Mr. Rogers and others in
the district hcwvbeen working quiet
ly on the case and making plans for
the search that is to begin today.
Are Well Organized.
These men know the ground per
fectly, and can work more effectively
than the officers on this particular
branch of the case. They are well
organized and their forces will be so
divided as to insure the most careful
work. Every foot of ground will be
gone over, and it is the unanimous
opinion that the remains will be dis
covered. , .
There are just two theories regard
ing the case. One is that Quay was
foully murdered for gain or revenge,
or both, and the other that he met
with an accidental death. There are
very few who accept the latter theory.
If Quay was murdered, the searchers
realize that they have a most diffi
cult task ahead of them. If the . m * n
was murdered, it is most probable
that the author of the crime would
make every effort to secret the body,
and the section affords many natural
caches suited for such a purpose,
May be a Long Search.
In that event, the search will be
a long and tedious operation, as ev
ery hiding place must be looked into
and the underbrush thoroughly exam
ined. On the other hand, if Quay
met death through any accident, or
\ias overcome by sudden illness, it
is expected that the body will be found
with very little delay. It is very
significant in this connection that
none of the people of Rogers even
consider the possibility of Quay hav
ing left the country, voluntarily.
That Estate in Scotland.
Considerable prominence has been
given to the fact that since Quay dis
apepared. letters have been received
at his ranch from Scotland stating
that an estate had been left him in
the old country. None of these let
ters arirved until after Quay had van
ished, so that tile estate matter can
have no bearing on the plan's disap
pearance. Quay's married sister, who
resides in Ireland, has been commun
icated with by Mr. Rogers and placed
in possession of the facts, so far as
known. She has heard nothing what
ever from her brother, and is much
distressed at the situation. A brother
of the missing man resides in Texas,
and he, too, has been communicated
with.
Will Lend Any Assistance.
The officers in Lewistown stand
ready to lend any assistance possible.
but they realize that at this stage,
the ranchers themselves are best qual
ified to conduct the search. If any
discovery is made, the officers will
act promptly in carrying the matter
further.
Horse Smashes a Window.
A vicious broncho ridden by Ross
Ricks bucked right through a big
plate glass show window in the Ju
dith Hardware company's store on
Main street this morning, shattering
an $80 plate of glass to splinters. The
horse was slightly scratched, but the
rider escaped without a mark. The
exploit is looked upon aB a wholly rep
rehensible piece of work, and the in
cident will probably be aired later
before Police Magistrate MacGowan.
8CHWAB GET8 BU8Y.
Is Forming Company to Compete With
the 8teel Trust.
Pittsburg, June 22.—Charles M.
Schwab, ex-president of the United
States Steel corporation, is about to
form a new combination of steel, coal
and iron ore interests which it is pro
posed to make a most formidable riv
al to the United States Steel corpor
ation. The Bethlehem plant will be
the principal steel concern in the new
combination, with some ten small
ones, while there will be vast areas
of coal and iron ore lands and many
miles of railroads.
The coal acreage involved is said
to be about 200,000; the steel plants
are said to number ten, and more than
70 miles of railroad tapping the var
ious mines and coke ovens are to be
included. The combination will be ef
fected under a New Jersey charter.
Great fields of low grade Pennsylvan
ia iron ore are included in the coal
tracts under lease and control of very
heavy deposits in the northwest is
also said to have been engaged.
The plan has cropped out through
the operations of some men who have
been working to secure control of the
holdings of independent coal compan
ies in Cambria and Indiana counties.
Practically the entire southwestern
section of the latter county, including
about 35,000 acres, is said to be con
trolled by men who will be in the new
combination.
THE CARNEGIE
LIBRARYPLAN
WHAT IS PROPOSED WITH RE
GARD TO RAISING MONEY
FOR A SITE.
Is Lewistown going to have that
Carnegie library? If so, is work to
begin on the building this year or
next? These are the two questions
that the library trustees are asking
themselves, and while they cannot
give the answers, they propose that
the matter shall be settled without
further delay.
When Mr. Carnegie, in response to
the requests made by Hon. Frank E.
Smith, in behalf of the city, some
months ago, announced that he was
ready to give $10,000 for the construc
tion of a library building in this city,
it was on condition that the city
should provide a suitable site and
make provision for the maintenance
of the library. The latter provision
was already complied with, and when
the trustees took up the matter of
securing a site, two centrally located
lots, the best to be obtained for the
purpose, were offered by T. C. Pow
er for $2,000, which is considered a
fair and reasonable valuation. Mr.
Power offered to donate $100 of the
purchase price, while Mrs. Erickson,
offered a further contribution of $250.
This left $1,650 to be raised, and it
was thought the amount could be soon
secured.
What Frank E. Smith Says.
Alderman Frank E. Smith, for a
long time chairman of the board of
library trustees, and to whose efforts
the offer from Mr. Carnegie is chief
ly due, discussed the situation with
the Argus this morning.
"We propose to start out in a few
days and see Just what can be done
in this matter," said Mr. Smith. "We
are going to give the people another
chance to say whether or not they want
the library. Mr. Carnegie gives us
$10,000, every dollar of which is to
go into the building. All of that mon
ey will be spent right here for labor
and material, and the library will be
a lasting benefit to the community.
We have at present in the library fund
about $1,700, which has been raised by
taxation for library purposes. Prob
ably the city council would consent
to the use of a small part of this fund
for the purchase of the site, which
would help out to some extent. It
will be necessary to have on hand a
fund for the purpose of furnishing the
library and for purchasing books, and
to meet the current expenses as well.
The trustees do not feel, therefore,
that they can devote any considerable
part of this fund to the purchase of
the site.
"It is a question whether or not
the money for the purchase of the site
can be raised by taxation, but even
if it can. the money would not then
be available until December next,, and
this would throw work on the build
ing over to next year. The offer of
Mr. Carnegie may not hold good that
long, and we have decided in any
event to try the subscription plan once
more. When we went out before, the
business men, when approached on the
subject, demurred, and said the money
ought to be raised by taxation. I have
shown how that would delay the whole
matter for a year, and perhaps, with)
that understood, the matter may now
be looked at in a different light."
The Camp Mooting.
The camp meeting now in progress
near the Montana railway depot
grounds is proving quite successful,
and with a continuation of the pres
ent pleasant weather the attendance
at all the meetings promises to be very
large.
ANOTHER MINE
FOR KENDALL
Big Body of Ore Encountered in the
Operatigns on the Old Bullard
Property.
DIAMOND DRILLS LOCATE IT
The Queen Gold Mining A Milling
Company Composed of St. Paul
Men, Owns the Ground.
The most important development
in a mining way that has occurred in
this section in some time is the strike
recently made in the Bullard property
at Kendall, adjoining the Barnes
King.
John J. Bullard, who owned this
ranch tract of 150 acres, succeeded
early this year in interesting St. Paul
parties in it, as a result of which the
Qtieen Gold Mining & Milling company
was organized with a capital of $500,
000, and the corporation took over the
ranch and arranged to explore it thor
oughly with diamond drills. This work
has been prosecuted under the direc
tion of F. S. Weidenbomer, of St.
Paul, president of the company, and
has resulted in the locating of a large
and very rich body of cyanide ore.
Parties who are in a position to know
the real conditions disclosed are agreed
on this, although there are, of course,
many wild rumors which cannot possi
bly all be true, because they conflict.
Ore Is 8truck.
Three drills were put in operation,
and ore was first struck at a depth
of about $50 feet, but it was not of
a grade to cause much excitement,
although most encouraging. As the
drills went down deeper and deeper,
the ore improved, and at a depth of
150 feet, the ore body that has made
such a stir at the camp, was encoun
tered. It shows average values of
about $22, and is of great extent. This
body, like the other Kendall veins, is
of the blanket form, and is, according
to the best authority, about 110 feet
thick.
Means a Big Mill.
The discovery means that within a
comparatively short, time a mill with
a capacity sufficient to handle the ore
will soon be built on the ground. Be
fore anything is done m that line,
however, the company will, of course,
have to open up the ground by means
of a shaft, and it is understood that
plans to that end have already been
practically worked out. The owners
have a fairly good water supply, and
the operations will be pushed ahead as
rapidly as possible.
In the excitement over this find,
the oil discovery recently made on
this same property has been almost
forgotten .and. it is certain that at
least one good offer has been made
for tlpe Queen company's holdings.
The amount tendered for the ground
is variously stated at from $240,000
to $260,000, Sut a quarter of a mil
lion is believed to be the correct figure.
The owners have so far shown no dis
position to part with their prospective
bonanza, and everybody at Kendall re
joices in their good fortune, because
it is a big thing for the camp.
That another dividend payer will
soon be added to Kendall's string is
looked upon as eertain ,and mean
time, the North Moccasin company is
going right ahead with its diamond
drill work, with almost a certainty
of soon running into another ore body
that will justify it in opening up the
ground and letting out the gold. Tak
en altogether, Kendall's prospects ap
pear to be very bright indeed.
Queen Company's Annual Report.
The. annual report of the Queen
company was filed today with the
county clerk and recorder. It shows
that the principal place of business
is at Kendall; that it owns mining
claims and real estate believed to be
worth $500,000, for which sum it is
capitalized, and which constitute its
assets. The company has no liabili
ties except its current expenses, and
has $4,500 in cash on hand. W. S.
Weidenborner, as president, and H.
A. Friend, secretary, sign the report.
is
is
FRIENDSHIP A PRETENSE.
Russia Has No Love for tho United
States.
St .Petersburg, June 20.—In certain
quarters here envious jealousy of the
United States is ill-concealed. The
entire collapse of the negotiations was
predicted yesterday, and there was al
most open exultation at what was de
clared to be a "rebuff to Roosevelt."
In peace circles gloomy faces were
drawn at the report that Russia would
insist upon The Hague, but thanks to
the personal attitude of the emperor
and to the well-put representations
of Ambassador Meyer, the threatened
diplomatic mountain was reduced to
a mole hill, over which negotiations
can now proceed rapidly. The Gazette,
which is known as a mouthpiece of
the foreign office, declares that noth
ing is yet known regarding Japan's
terms. It intimates that Russia may
not balk at an indemnity .significantly
stating that international control of
the Chinese eastern railroad is pos
silbe as a means of insuring payment
of an indemnity. It says that the
plenipotentiaries will have special
powers and may be authorized to con
clude peace.
Although the way has thus far been
smooth for a peace conference, the
operations in Manchuria appear to be
in full march toward a big engage
ment, the Japanese having pushed for
ward as far as Liaoyangchungkeng
(Liaoyangwopeng), west oUthe Liao
river. 33 miles north of Fakumen,
The Japanese have strong forces here
as well as in the rear of Lieutenant
General Linevitch's advance detach
ments near Changtufu, and even
threaten the fl&nk of the fortified po
sitions at Sipihghai. whore General
Linevitch intended to offer battle, but
from which he pushed far to the south
ward during the months of inactivity
on the part of the Japanese army. It
is not known here whether General
Linevitch will retire slowly on those
positions or whether, as he intimated
recently in an Interview with the cor
respondent of Ike Associated Press,
he intends to meet the Japanese flank
ing operations to the westward by a
counter offensive movement.
The Peace Representatives.
Washington, June 20. —Russia and
Japan have tentatively decided each
to appoint three plenipotentiaries to
represent them in the Washington
conference. M. Nelldoff, it is under
stood, has already accepted the chair
manship of the Russian mission and
is being consulted about the selection
of his associates, but Washington has
not yet heard whether Marquis Ito's
health will permit him to come as the
ranking Japanese plenipotentiary.
The belief here is that Field Marshal
Yamagata will be designated in Ito's
place should the marquis be unabre
to accept. It is expected that the con
ference will convene here about the
middle of August.
Pending the official announcement
of the plenipotentiaries little progress
toward the arrangement of an armis
tice is being had on either side. Ja
pan will not take the initiative in re
questing an armistice, it is improb
able, however, that she would insist
on Russia making the request. It is
generally expected that when the mis
sions have been announced the pres
ident will suggest to the belligerents
the advisability of a limited truce, and
that this suggestion will be accepted.
Instructions will then go to Linevitch
and Oyama to sign the armistice.
WOOL COMING
T0WAREH0USE
THE BALING SEASON IS NOW ON
IN EARNEST AT LEWIS
TOWN.
Wool is now coming in to the local
warehouse at a lively rate, and all
the machinery, including the electric
presses, is working splendidly. Some
of the wool has already been baled
out, including the clip of Robert Sul
linger, and it is all found to be about
two per cent heavier than last year,
while the growth and staple are all
that was expected.
Among the other clips so far receiv
ed are those of Oscar Stephens, Geo.
Wright, William Fergus & Sons, Louis
Mauland and J. L. Rabstaadt, the lat
ter clip coming from the vicinity of
Big Tmber. All arrangements have
been made for handling the wool quick
ly, carefully and honestly, three fac
tors that are highly appreciated by
the wool growers.
Coming in at a Lively Rate.
While the business at the warehouse
has only fairly opened, the wool is be
ginning to come in at a lively rate
and from this time on the shipments
will be almost continuous. Shearing
is in progress all over the county, and
no time will be lost in getting the
clips to the warehouse and baled out,
The wool market continues firm, al
though there Is no trading just at this
time. The few large clips held over
when the scramble was at its height
are for sale, but the price asked is
the same as that which the buyers
declined to give a few weeks ago.
these clips are not taken in quickly,
the growers will ship them to the
market themselves.
Further reports as to lambing show
that the average of lambs saved all
over the county has been phenomlnal
ly high.
8trong-Gibson Wedding.
A pretty wedding was solemnized
last Wednesday evening, when Edith
Constance Strong and Bevle R. G15
son were married at the home of the
bride's mother, Mrs. James Strong,
Rev. W. A. Winters officiating. The
bride is a popular young woman, and
Mr. Gibson is a rising young business
man, connected with the management
of the Judith Steam Laundry.
Special Theatrical Train.
A theatre special will be run Sat
urday night, July 1st, from Lewistown
to Lombard. The Sutton company will
complete its Lewistown engagement
that evening and not wishing to re
main over Sunday, Superintendent
Robertson will run out a special that
evening, also affording opportunity for
theatre patrons from points along the
line to return home for Sunday.
CHIEF JOSEPH WAS NO HERO.
Old Settlers Oppose the Monument
proposition.
Spokane. June 15. —The proposition
to erect a monument over the grave
of Chief Joseph near Nespilem has
caused much indignation among old
settlers of eastern Oregon and Wash
ington, who are familiar with the ca
reer of the late chief of the Xez Per
ces. Law Wilmot. the pioneer scout
and former Indian fighter, declares
that instead of le-ing a hero. Chief
Joseph was a coward and assassin
E. K. Connell, of Tekoa, one of the
pioneers of Whitman county, endor
ses Mr Wilmot s ideas and says that
Chief Joseph was a treacherous, cow
ardly brute, and says he believes that
Is the unanimous sentiment of all
who were familiar with Joseph s rec
ord. Mr. Connell says:
"I have had an extensive and inti
mate acquaintance with most of the
settlers of the early 70s. and I can
truthfully say that from no source,
white or colored, have I ever heard
of one well authenticated Instance of
personal bravery or manly chivalry
in the career of Chief Joseph.
If you would get an tho news read
the Argus.
SMITH AGAIN
IN CUSTODY
Three More Charges of Grand Larceny
Are Filed Against the Welf Known
Young Bookkeeper.
UNABLE TO SECURE BONDSMEN
Justice McFarland Fixes Amount of
Bond for All tho Casas at $3,000
—Arrest a Surprise.
Errett L. Smith, formerly a book
keeper with the Bank of Fergus Coun
ty, was arrested Monday night by
Deputy Sheriff Firman Tullock on
three more charges of grand larceny,
the complaints having been sworn to
by County Attorney Roy E. Ayers be
fore Justice W. T. McFarland. The
first complaint charges Smith with
stealing $100 on April 15 last; the sec
ond, that two days later he stole $200,
and the third alleges that on April
19, he helped himself to $300. Smith
was first arrested about three weeks
ago on the charge of stealing $300,
so that the total amount specified in
the four charges now pending against
him is $900. Smith was taken before
Justice McFarland yesterday after
noon, and waived examination. He
was represented by Attorney H. H.
Boggs, while Mr. Ayers appeared for
the state, the bank being represented
by R. von Tobel.
Fails to Give Bond.
Tho attorneys held a short consul
tation with the defendant, and at its
conclusion, Mr. Ayers announced that
it had been agreed that Smith should
give one bond for $3,000 to secure his
appearance for trial, this being $750
on each of the four charges against
him. Smith at once started out In
custody of the officer to try and se
cure bondsmen, but up to the present
has not been successful.
Came as a Surprise,
The second arrest came as a com
plete surprise to Smith and his friends,
and was due, it is believed, to the
fact that the original bond of $700
was insufficient to insure his appear
ance for trial. No information has
been given out as to the total amount
alleged to have been stolen by the
defendant, but Smith's peculations aro
understood to run back over a period
of more than two years.
Must Face the Music.
There has been an impression ever
since the first arrest that the matter
would be settled up in some way, and
that Smith would finally be allowed
to go free. That will not be the case.
The prosecution will be pushed, ami
If he Is guilty as charged. Smith must
stand the consequences of his mis
doing.
Referring to the rumors of a settle
ment, County Attorney Ayers said to
the Argus today:
"There has never been any inten
tion to make a settlement of this case.
It reached my office In the ordinary
course of business, and now that It
Is In my hands, the prosecution can
not be stopped. I have a plain duty
to perform In this matter, and while
It may be unpleasant, I shall perform
It. Mr. Smith Is charged with
crime, and he will be treated exactly
as any other man would be treated
under similar circumstances."
Will He Plead Guilty?
It Is rumored in some quarters that
Smith will not make a fight in tho
district court at all, but will plead
guilty when the case Is called for trial
If that is his intention, neither he nor
his attorneys have announced it, and
the final disposition of the matter can
only be surmised. The case Is likely
to be called up in the district court
at the next term.
The defendant is very fortunate in
having some friends who are standing
by him through ail his trouble.
KING OSCAR'S LETTER.
Sends Vigorous Note to Head of Nor
wegian Storthing.
Stockholm, Sweden, June 16.—King
Oscar, in a long and vigorously word
ed letter to the president of the Nor
wegian storthing, Berner, declares
that his position as Norway's king
makes it the king's duty not to pass
over In silence the preferment of the
Norwegian council of state on the oc
casion of his majesty's veto of thf
consular bill. The king maintain?
that he did not overstep his preroga
tives under the constitution, and says
that consideration for the union im
poses on the king the duty of exercis
ing his constitutional rights.
"The king of Norway," he adds,
"must always bear in mind paragraph
one of the Norwegian constitution,
which reads:
" 'The kingdom of Norway is free,
autonomous, independent and indivis
ible.'
"I feel myself justified in demand
ing respect for the decision taken by
the king of Norway in accordance
with the constitution. The powers
which the constitution place at the
disposal of the Norwegian king in or
der to enable him to promote the wel
fare of the country according to his
convictions are no greater than those
which must be reserved to the mon
archy united with Sweden under one
king."
After lengthily repudiating the dec
laration of the council of state that
his veto was unconstitutional because
no member of the council regarded
himself as being in a position to coun
tersign it. King Oscar proceeds:
"One of the fundamental principles
of the constitution, and a fact that is
most important, is that Norway shall
be a constitutional monarchy. It is
clearly incompatible therewith that the
king sink to the position of a mere
tool in the hands of the state council.
If the members of the council of state,
by refusing to countersign any of the
royal decisions, could prevent them
from having force, the king of Nor
way could be excluded from partici
pation In the state administration.
Such a situation would be as degrad
ing to the monarch as harmful to Nor
way. The position of the king as
monarch of the united kingdom of
Sweden and Norway makes It Incum
bent upon him not to prejudice as
monarch of one kingdom questions
affecting the other kingdom.
"The Norwegian people and the Nor
wegian nation demand the right to
force the king to give a decision
which, in his opinion, conflicts with
his duty as monarch of the united
kingdoms and king of Sweden, there
fore, the king of Sweden must become
altogether dependent, as regards his
decisions, upon the will of the Nor
wegian nation through its council of
state.
'Mv endeavor has always been to
give Norway that place within the
union to which she can rightly lay
claim. My royal duty to the union
requires me to endeavor to uphold its
legal basis even when by so doing
I come Into oposition with the Nor
wegian national feeling.
"The law on which I took the oath,
and which has regulated affairs for
the welfare of the united kingdoms,
demanded my decision on the consular
question.
"The council, after attempting to
violate the constitution and to render
void a decision of the king of Nor
way legally given, resigned office and
the king of Norway was deprived of
councillors. Tho storthing approved
this breach of the constitution, and
by a revolutionary proceeding declar
ed that the legitimate king of Norway
had ceased to reign, and that the un
ion of the two kingdoms was dissolv
ed.
'It. remains for Sweden and for me
as king of the union to decide, wheth
er the attaek of Norway on the exist
ing union shall lead to the legal dis
solution of that union.
"Let the present generation and
posterity Judge between me and the
Norwegian people."
HODGDON CASE
TO BE HEARD
SUPREME COURT SENDS IT
JUDGE LESLIE AT GREAT
FALLS.
In the case of C. G. Hodgdou, who
was arrested here some time ago and
fined for selling buggies without hav
ing obtained a license as required by
law, the supreme court has granted
the application for a writ of habeas
corpus, and made It. returnable before
Judge Leslie at Great Falls next Sat
urday at 10 a. m. H. L. De Kalb and
J. C. Huntoon, representing Hodgdon,
will present the case for the defend
ant at Great. Falls, while County At
torney Ayers will represent Sheriff
Slater, against whom tne writ is di
rected.
Relator's Statement.
The relator, C. G. Hodgdon, was ar
rested under a complaint issued
against him under the act of 1903,
entitled "An act relating to the li
censing of peddlers and canvassers of
agricultural and domestic implements
and machinery and other articles,"
and upon a trial being had before the
justice of the peace was found guilty
and finetl in the sum of one hundred
and fifty dollars or in default of the
payment thereof to be confined in the
county jail according to law, and on
being committed to the county Jail
for failure to pay such fine now pros
ecutes this proceeuing in the higher
court to obtain his liberty.
The reasons advanced by the relat
or for his release are as follows:
Grounds for Release.
1. That there Is no proof what
ever that he at any time violated any
provision of the act under which the
judgment was rendered.
2. That the act of 1903 above re
ferred to does not in any manner
make a criminal offense out of the
failure to pay the license tax requir
ed, providing simply that the tax shall
be paid and providing no penalty
whatever for the failure to pay It, eith
er In itself or by reference to any
other section of the law authorizing
the punishment for or making the
failure to pay tfie license tax requir
ed a public offense.
3. That a failure to pay such a li
cense tax as is exacted by the said
law is not in Itself a criminal offense
for the reason that it is a tax for the
purpose of raising revenue and the
matters covered by the said act are
not matters of police regulation.
4. That the act refeired to levies
an excessive, restrictive and practical
ly prohibitive license tax upon busi
ness which is lawful in itself and is
not in any manner inimical to the pub
lic welfare and is not a subject of
police regulation.
That the act above referred to
is unconstitutional and void and the
imprisonment thereunder is necessar
ily void for the reason that it is a
subject for revenue and not a police
regulation and originated in the sen
and violates section 32 of article
V. of the constitution of this state
requiring such bills to originate in the
house of representatives.
6. That the said act is unconstitu
tional and void for the reason that
it is an unwarranted interference with
interstate commerce and in conflict
with the third clause of article 1, sec
tion 8. of the constitution of the Unit
ed States.
7. That the said act is unconstitu
tional and void for the further reason
that it denies to persons in the state
of Montana equal protection and dis
criminates between persons engaged
in the same character of business and
imposes unequal burdens upon them
contrary to section 1 of the fourteenth
amendment to the constitution of the
United States.
URGING CZAR
TO FIGHT ON
War Party In Russia, Backed Up by
the Military Element, ie Making
Final Effort,
SAY LINEVITCH CAN
WIN
Japo Are Driving in the Russian
Screens in Manchuria— Talk of
Peace Terms.
St. Petersburg, June 20.—The war
party has by no means surrendered.
On the contrary, backed by the mili
tary element, it is making a concerted
effort to dissuade the emperor from
concluding peace.
Even with the two armies already
clinching, members of the war party
are filling St. Petersburg and Peterhof
with optimistic views, and Lieutenant
General Linevitch and his lieutenants
aro reinforcing their arguments with
roseate reports of the strategic sit
uation.
Many Russian correspondents at the
fiont, evidently inspired from St. Pet
ersburg, are flooding their papers
with dispatches in the same strain.
The Novoe Vremya's correspondent,
in his conclusion against a humiliat
ing peace, points to the hazards for
the government in disbanding an army
of half a million men without giving
them a taste of success, and express
es a fear of dangerous consequences.
Tho same correspondent, however,
chronicles the fact that the rank and
file are indifferent and concludes:
"If peace can be obtained without
the cession of Russian territory or
blood money, then peace by all means."
It is pointed out here that if Japan
intends to semi Marquis Ito and oth
ers from Japan to Washington the
meeting cannot occur within a month.
In the mean time, so far as indicated
here, there have been no moves in
the direction of a suspension of hos
tilities. No confirmation has been re
ceived here of the report that nego
tiations for an armistice had been be
gun between Oyama and Linevitch.
On the contrary, the latest news from
the front leaves little doubt that Oya
ilia's columns are In motion and dis
quieting rumors are current here re
garding the position ot the Russian
army, according to whether Oyama
will succeed in pushing both his flanks
far forward respectively opposite
Kwangchengsu and Kirin, whence he
can draw a noose around the troops
below - this line.
Driving the Russians Back.
Lidiapudzy, Manchuria, June 20.—
The Japanese are advancing from tha
center and westward and are driving
in the Russian screens south of Pall
tun. Further west they turned the
Russian extreme right at Liao Yang
Chung Peng Saturday night, flanking
the Russians out of the position after
a night-long fight. The Japanese force
consisted of an infantry division, four
batteries of artillery and 30 squadrons
of cavalry.
According to information received
at headquarters the Japanese are
moving northwest from Korea in three
columns, which include 50,000 Infan
try and corresponding forces of cav
alry and field and mountain artillery.
These columns are heading for Chut
saml, Kmesan and Kenshan to com
plete the line of Oyama's army stretch
ing from the Mongolian frontier to the
Sea of Japan.
Japan's Terms of Peace.
St. Petersburg, June 20.—Japan's
terms of peace, according to an inter
view had by a correspondent of the
Novoe Vremya with a member of the
Japanese embassy at Vienna with a
member of the Japanese embassy at
Vienna, will prove to be more mod
erate than had been expected, and
will be based on the propositions made
in the Japanese note on the eve of
hostilities, with the addition of an in
demnity covering the cost of the war.
Japan will not insist on humiliating
terms such as the cession of the is
land of Sakhalin, the disarmament of
Vladivostok, or the limitation of Rus
sia's naval rights in the Pacific, but
will insist on guarantees against re
newal of the war for half a century
at least.
Speech by the Czar.
St. Petersburg. June 20.—Emperor
Nicholas received the z mstvo depu
tation this morning.
Following is the text of the emper
or's speech to the zemstvo delegation:
"I am happy to have heard you. I
have no doubt you are guided by an
ardent sentiment of love for the fath
erland in addressing me directly.
"I have been grieved In my whole
soul, with all my people, at the calam
ities which the war has brought upon
Russia and at all those which may
still be feared, as well as our inter
nal disturbances.
"Dissipate Tour doubts. My will is
sovereign, and it is my unalterable
will that the admission of elected rep
resentatives to the works of state
shall be regularly accomplished.
"I watch daily and devote myself to
this work. You may announce that
to all your friends in country and
town.
"I am firmly convinced that Russia
will emerge strengthened from the
trials she is now enduring, and that
there will be established soon, as
formerly, a union between the emper
or and all Russia, a communion be
tween myself and the men of Russian
soil . This union and communion must
serve as a basis for the original prin
ciples of Russia.
"I have faith in your desire to help
me in this task."

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