OCR Interpretation


The San Francisco call. (San Francisco [Calif.]) 1895-1913, February 20, 1906, Image 2

Image and text provided by University of California, Riverside; Riverside, CA

Persistent link: http://chroniclingamerica.loc.gov/lccn/sn85066387/1906-02-20/ed-1/seq-2/

What is OCR?


Thumbnail for 2

2
FLORODORA GIRL
WINS A LORD.
Frances Belmont Becomes the Bride of
Ashburton in French Capital.
AMERICAN FLORODORA GIRLs WHO YESTERDAY IN PARIS BECAME THE
BRIDE OF LORD APHBURTON. A DESCENDANT OF THE MAN FOR WHOM
. THE ASHBURTON TREATY WAS NAMED.
P.VRIS, Feb. 19. — Lord Ashburton was
xr.arried here to-day to Frances Don
nelly, an American actress, \u25a0whose stage
name is Frances Belmont, formerly of
New *.nd one of the original
"Florodora sextet" of 1901. The wed
ding occurred at the Town Hall of the
Passy- district. Only a few intimate
friends were present. The couple de
parted on a longr honeymoon trip.
Lord Ashburton. who is a widower. Is
a descendant of the signer of the fa
mous Ashburton treaty with the United
States.
CALIFORNIA GIRL IS TO AVED
WITHIN SHADOW OF ALPS
»vrn of Apprem-htns Marrlace of
Wealthy Retired Dairyman Ik
Received at Petaluma.
PETALUMA. Feb. 18. — The news of
the approaching marriage of Gabriele
Delia Maria and M!ss Sofia
Soldate at Brogio. Switzerland,
has been received here. Mr.
Delia Maria is a retired dairyman
of means, well known here. Miss Sol
date is a California girl. Her father
was the late Andrea Soldate. The wed
ding will take place in Brogio, and the
wedding tour will include Italy and
Southern Europe. Their future home
will be in Brogio.
FRENCH PRIESTS ATTACKED
Hl' INDIANS IN MEXICO
One Killed and Two Fatally Wonnded
in Mountain* Nenr tbe City of
Pnebla.
CITY OF MEXICO. Feb. 19. — Henry
Albert Bourdoir, a young French priest
and instructor In the normal school in
Puebla, wae, with three other teachers,
attacked in the mountains near that
region Jhy a party of Indians. Bourdoir
•\v«ls killed and two other priests were
fatally wounded. The State Govern
ment officials are searching for the In
dians.
LAS PALMAS. Canary Island. Feb. ».— Tbe
Vnited State* Navy tug Potomac, which ar
rived her* try-day, reported that she left the
dryd*"."'' TVwey ROO miles to the westward. "*
this Don. • ai.BTinxi
lySrV TKLLB TKK STORY OF THE
II I COAT SHIRTS
|;I M I Mads of telncted white or
MJ rCjrT ?1.50 and nor*
fpSl&gjs*&n[3& L«re«t M»i«r» of Collars
Choose
D r -Gravcs*
Tooth Powder
Dentists say— *'lt is the best denti-
frice and antiseptic in the world
for the teeth and gums— leaves the
enamel white and gleaming j, also
leaves a delicious after taste."
In handy metal can* or bottles. 250>
D r - Graves' Tooth Powder Co.
GIVES. DETAILS
OF ASSASSINS'
CONSPIRACIES
Continued From Page 1, Column 1.
charged the bomb by nveans of which
Steunenberg was killed at Caldwell,
Idaho, on December SO, 1905. The spe
cific charge of murder was made, It is
explained, in order to forestall habeas
corpus proceedings on behalf of the ac
cused men; but no attempt will be made
to prove that they were in Idaho at
the time of the commission of the crime.
It is alleged, however, that they con-
spired with others to murder Steunen
berg and provided funds to carry out
the plot.
The atrocious murders committed dur
ing labor troubles in the Cripple Creek
and Telluride districts in this. State,
which have been shrouded In mystery,
the earlier Coeiir d'Alene murders and the
more recent Steunenberg assassination
j form a chain of crimes with which efforts
are being made to connect the officers of
the "Western Federation of Miners on a
confession, said to have been made by
Harry Orchard, who is charged with the
Steunenberg murder.
PEADODV'S DEATH PLANNED. \u25a0
This confession, it Is asserted, disclosed
a plot to kill former Governor James H.
Peabody of Colorado, William H. Gab
bert. Chief Justice of the Colorado Su
preme Court, and John Campbell, former
Chief Justice. Orchard is said to have
confessed that wholesale assassinations
were planned. at the headquarters of the
Western Federation of Miners in Denver,
chiefly by refugees from the camps at
Cripple Creek and Telluride. It In also
said that Orchard's confession gives a
history of the explosion at the Indepen
dence depot, near Cripple Creek, on June
6. 1804, which killed fourteen men and In
jured many others. I
Governor * McDonald, who issued the
necessary papers for the extradition of
the Federation officers to Idaho, said to
day that he had read a copy of Orchard's
confession, but was not at liberty to di
vulge its contents.
James McParland, head of a detective
agency which was employed by the Idaho
authorities In the Steunenberg case, de
clared that the evidence against the ,men
who have so far been arrested was very
strong, and that more arrests were yet to
be made. He would not state the nature
of hie evidence, nor how it was obtained.
•The operations of the Mollle Maguires
in Pennsylvania, whom I ran to earth'
and disrupted," said McParland, "were
children's play with the work
of the Moyer-Haywood crowd. They
have existed for eighteen years, but their
days are numbered."
Vincent St. John, who wae arrested In
Burke, Idaho, last night, was president
of the miners' union at Telluride, Colo.,
at the time of . the assassination of Ar
thur Collins, superintendent of the Smug
gler-Union mine in that camp. He. was
arrested and charged with complicity in
that murder, but was never brought to
trial. V
HIDDEN BOMBS ARB< FOUND.
It develops that Orchard's confession,
according .to the ", best authority, - 1 stated
that bombs had been placed in the gate
ways of the residences of two members
of; the Colorado Supreme Court and that
more thvr'a ' doxen ; attempts had s been
made, to assassinate former \u25a0 Governor
Peabody. An Investigation since \u25a0 the . al
leged confession was made disclosed th«
presence of > bombs In exactly the spots
indicated. The men who unearthed the
bombs, •prominent memberof , the Colo
rado National Guard, Is now, in > Idaho,
having accompanied the ; party that re
turned with' Moyer,'" Hay wood and Pettl
bone. He will appear' as a witness in the
Orchard - trial,; It ;, Is said, :"'. to provo tha
THE SAN FRANCISCO; CALL, TUESDAY. FEBRUARY^!), \ 1906.
RAILROAD BILL
TO BE AMENDED
President Favors a Changed
Provision Providing for
Appeals to 'the Courts
SUPREME COUET EULING
Important Decision Involv
ing Question o& Discrimi
nation in Freight Kates
WASHINGTON, , Feb. £-19.'— Following a
conference between Attorney General
Moody and Speaker Canfton and Senators
Clapp and Dolliver, ;• th£ Attorney , Gen
eral and Chairman Knapp and Commis
sioner Prbuty of the Interstate Commerce
Commission held a conference with Pres
ident Roosevelt to r day, at which railroad
rate legislation was discussed thoroughly.
The effort was to so shape the provisions
of the Hepburn bill regarding appeal t»
the courts as to make it certain that the
bill is constitutional, and yet, so far as
there is power by law to.do bo, to limit the
appeal to what Is j regarded as constitu
tionally necessary. :
The President is understood to believe
that Moody, -Knapp and Prouty :have
worked out a satisfactory provision that
is better than that in the Hepburn bill,
or in the original Interstate Commerce
Commission bill.
Justice White to-day delivered the opin
ion of the Supreme Court of the United
States in the case of the New York, New
Haven and Hartford Railway Company
vs. the Interstate "Commerce Commission
and the Interstate Commerce Commis
sion vs. the Chesapeake and Ohio Rail
road Company, affirming the decision of
the United States Circuit Court for the
Western District of Virginia.
The case involves the question of dis
crimination in freight rates on coal by
the Chesapeake and Ohio In favor of the
New York, New Haven and Hartford
road as against other shippers. The de
cision was against the railroad company.
The decision dealt with the question of
discrimination by railroad companies, and
it was apparent that it was intended to
have a general application to questions
receiving attention at the hands of the
public. Justice White said' that to per
mit a carrier to become a dealer in the
commodities carried by it would be to
supply a means for the perpetuation of
evils which the Interstate Commerce
Commission is intended to remedy.
These cases involved a charge of dis
crimination in favor of the New Haven
road by the Chesapeake and Ohio. They
grew out of complications existing in
connection with a contract made between
the two railroad companies in 18D6, in ac
cordance with which the Chesapeake and
Ohio road agreed to deliver two million
tons of bituminous coal to the New Ha
ven between the Ist of July, 1897, and the
Ist of July, 1902. The delivery in the last
year covered by the contract fell short to
the extent of 60,000 tons, on account of a
strike in the coal fields, which rendered it
impossible to supply the coal. The New
Haven road purchased coal elsewhere and
presented a bill to the Chesapeake and
Ohio Company for $103,000.' representing
the difference in the cost. Instead .of
paying the money, the Chesapeake and
Ohio Company delivered the 60,000 tons
of coal, notwithstanding the price. of coal
and of transportation had advanced so
that, it is claimed, the Chesapeake and
Ohio lost more than a dollar per ton on
Its shipments. '\u25a0'\u25a0'\u25a0 >-
The case- was brought to the attention
of the Interstate Commerce Commission
and the charge made that the transaction
constituted a preference In the matter of
freight rates against the New Haven
road. The company contended that it was
acting in the capacity of a vender and
not as a carrier, and that it was merely
supplying the coal to pay a debt This
plea was also made the basis of a charge
against the company, as the laws of West
Virginia, where the coal was mined, pro
hibit common carriers from dealing in
coal.
Justice White upheld the decision of the
court below in declaring that both the
contracts made by the Chesapeake and
Ohio with the New Haven were contrary
to public policy and void, because they
were in conflict with the prohibitions of
the act to regulate commerce.
OF INTEREST TO PEOPLE
OF THE PACIFIC COAST
Mayor Boney of Vallejo Favored in
Political DUpnte by Navy
Oflicialtt.
WASHINGTON, Feb. 19.— The case of
Mayor James Roney of Vallejo, an em
ploye of the Mare Island navy yard, has
been referred by the Navy Department
to the Civil Service Commission with a
strong recommendation that "Roney be
permitted to hold civil office while yet an
employe of the United States. It is ex
pected that in view of the former action
of the commission in a similar case at the
Bremerton navy yard, it will decide in the
present instance in favor of Roney.
Representative Necdham to-day intro
duced a bill ceding certain unappropriated
lands in Santa Cruz County for public
purposes. It is stipulated that parts of
these lands may be leased for a period
not exceeding; ten. years, the proceeds to
be utilized in the building of roads.
Needham also introduced a bill grant
ing the Ocean Shore Railway Company a
right of way ' through' the Pigeon Point
lighthouse reservation.
Senator. Perkins offered an amendment
to-day to ". the military appropriation bill,
appropriating $50,000 for repairing the sea
coast .armament, field artillery and the
general stores at the Benlcla arsenal.
The House to-dayl passed the bill al
lowing the entrance and clearance of oil
laden vessels at* San Luis Obispo (Port
Harford) and Monterey, Cal. The bill
has already, passed' the Senate.
The following postmasters have - been
appointed for California: *Hermon, • Los
Angeles County, Duke W. Jackson; Pa-;
poose, : Trinity County, Christian W.
Blakemore; Skyland. Santa Cruz County,
Temple Wilhelm ; Santa Rosa, H.~. L.
Tripp; Mojave, C.t. Demsey;.San ( Fer
nando, J. P. Frankhouse. -
GIRL' LOSES LIFE
SAVING A FRIEND
GLASGOW. Mo., Feb. 19.— 1n saving her
friend from beine crashed by a freight
engine. Miss Mac • Dipgs yesterday ? lost
her life on the west approach of:;the
Chicago and Alton bridge/ Miss Dlggs,
Miss i Louise Arthur, and two other young
women had walked across the bridge and
were nearin* ; the end ;. of , the , structure
when they heard; a .train behind; them.
All four ran, and three got safely off, but
Miss 7 Arthur v stumbled :\u25a0; and, fell on "the
tracks. Miss Diggs ranto her and.threw (
her from ' the "* trackf . At > the \u25a0 same \u25a0 In
stant '\u25a0 the ; pilot of the locomotive struck
the rescuer, killing her. instantly. ;
truth of i the : alleged confession.
V Information reached . here to-night from
Cripple: Creek". that' Edward Greerj.-a fed
eration man* had ;been arrested on 'a.war
rant': f orwardedvby i tha • Idaho "authorities
charging him with connection In tho Steu
nenberg • askaaslnation.; ;Two : other-' war
rants' are r in the ] hands of • Cripple : Creek
officers foT service. . ,
To Cure aCold Iw (»q*,l)nT
Take i-AXAXIVK- UHOMQ Quinine, Tablet.
Druggist* refund money. If It falls to cur*
E. W. GROVE'S signatur* U on. •ach box. gsc*
HOUSE FROWNS
UPON GAMBLING
Quickly PassesVßi.il Directed
Against the Territories of
New Mexico and Arizona
DISPUTE ON THE FLOOR
LittleiiekLof Maine Displays
Anger in fteplying to an
Attack by Delegate Smith
WASHINGTON, Feb. -19. — Three bills
were pasecd under a suspension of the
rule requiring a .two-thirds vote
In the House to-day. The first makei
gambling unlawful in the Territories
of the United States, including Arizona;
New Mexico. Oklahoma, Indian Terri
tory and Alaska. The bill was directed
particularly at Arizona and New Mex
ico, where, it was stated, gambling was
licensed. ; '\u25a0^^'i
The second provides additional .work
for the Census Bureau by requiring sta
tistics to be taken on insurance/ fish
eries, electrical industries. " savings
banks and crimes. ,
The third appropriates $50,000 for th«j
purchase of 300 acres of coal lands
on the island of Batan, one of the
Philippine archipelago group. On thu
latter bill there was a debate of two
hours. The others were debated forty
minutes each.
Stating that in Arizona and New
Mexico and other Territories gambling
is licensed, littlefieltl of Maine en
tered a motion to suspend the rules and
pass the bill reported from .the. Judi?
ciary Committee, making gambling in
the Territories illegal. The bill makes
gambling. a misdemeanor, punishable by
a $3000 ' fine and one year's imprison
ment.
The bill classifies gambling as "faro,
monte, roulette, lasquenet, rouge et
noir, rondo, tan, fantan, poker, seven
and a half, twenty-one, chuck-a-luck, or
any banking or percentage game, or
other kind of a game -. played with
cards or dice."
Vigorous opposition was made by
Delegate Mark Smith of Arizona.
"I do not wish it understood that I
am here in sympathy with gambling,"
he began, "but I do protest against the
gentleman from Maine, the farthest
point away from my home, coming in
here to meddle in our quarrels, when,
with prohibition in his own State, there
are lt-0 saloons open in the town of
Bangor, Me. It is a prohibition that
doesn't prohibit. I submit that the
gentleman should confine his philan
thropies to his own State, instead of
spreading- out over the Southwest."
He declared that there was no pure
motive behind the bill; that it was for
the purpose of influencing' votes .in
Arizona for joint statehood.
Smith contended that the Territorial
Legislature would prohibit gambling at
its next session. He said he would
ask for unanimous consent to amend
the bill so as to make it apply to "Ter
ritories under v the jurisdiction of the
United States." He said this would
include Alaska, the Philippines. Porto
Rico, the District of Columbia and all
other Territories.'
In replying, Littlefleld exhibited con
siderable, feeling. Speaking: of Dele
gat* Smith, Littlefleld said: • •",'.;"
,"I J tried *to treat him like a gentle
man, but the ttrst thing tie does is to
meet me with a sneer. I do not pro
pose to be swans' aside by his attack on
prohibition in Maine." He knows as lit
tle about that as the average gentleman
who casts the same aspersions."
Later Littlefleld refused to allow
Smith to interrupt him. This led to a
second statement by Smith to make
clear that "he was not making 1 a de
fense of gambling.. . ;",.r;-;
The bill was passed on a viva voce
vote. ->.
CITY READY
TO ACQUIRE
GEARY ROAD
Continued from Pugc 1 ( Column 4.
stratlng the ultimate success of municipal
ownership.
\u25a0 Clerk Keane stated that the date for the
receiving of bids will be fixed later, but
It : is. intended that the work shall begin
as soon as possible.
."£':", CLUB WANTS BOND ISSUE, vv
The Thirty-ninth District Club filed a
petition with the board that a proposition
to Issue bonds for the extension of the
Geary street railroad. across Golden Gate
Park and to the ocean beach along Point
Lobos avenue from Tenth avenue west
erly, and for its extension easterly. to the
water front, and for such other extensions
and branches as may be . deemed advis
able, be submitted to a vote of the people.
| The petition states that for. $10,000,000 a
street railroad system could be construct
ed, equipped and operated on many of the
streets yet in possession of the. city, from
the profits of which not alone the railroad
bonds could be redeemed, but also, the
$17,000,000 for bond improvements J already
Issued, which will otherwise be a burden
on the taxpayers.
The club had already petitioned a former
board, to connect the ' Richmond and Sun
set districts by a. road, subway or tunnel
either on Tenth or ., Eleventh avenue.
This means of communication could also
be used for. the extension sof "the Geary
street road from Fulton street and Tenth
avenue across Golden Gate; Park and
along Ninth avenue to Q street. The pef,i
tion was referred to the Utilities Commit
tee. .•-'\u25a0'. \u25a0 \u25a0 - \u25a0;\u25a0:.\u25a0" : \u25a0-;-\u25a0\u25a0 .--..' \y .-: \ \u25a0..
The petition of, the -Progressive -Geary
Street Improvement Club : that steps be
taken . to\ electrically; light I Geary { street,
between Kearny f and Powell.'using orna
mental poles on the" plan of those | project-*
ed on . Market street, was referred to ; the
Wght Committee; The petition states that
the property.: owners "and •• merchants . on
the blocks described have expended a sum
in excess of $3400 for lighting arid 'decorat
ing the Btreet.^ '. ' ;: ' \u25a0:' - y '- "\u25a0>\u25a0 \u25a0-.:\u25a0\u25a0:
The ; Market \u25a0. Street -' and :, Eureka Valley
Improvement Club' ' petitioned | the board to
proceed expeditlously, in the matter of ac
quiring a municipal water supply, so i that
the taxpayers ' may ?. b« , saved \ the > alleged
outrageous ; charges X for ; water.' ; ; The I club
also asks , thatC the : board : ; reducej.water
and ; gas rates on I the actual : investment of
the companies '.furnishings the commodi
ties, ; allowing .' nothing \ for ; properties ; not
actually in use. " ,; - ." .. 'I" 1
Dishonorably : Discharged.
; SANTA^ ROSA.- "Feb: 19.— Charles
Smith, ; a member of \ Company. B, ! . Fifth
Regiment, N.|G.'^ C.V; was 'dishonorably
discharged/ from; the i service ;, to-night
for ; f ailing y to; s attend . ;an, inspection.
Smith ' ; ,was , recently Z[\ arrested f v?*on .'; a
charge of abducting a Santa Roaa girl.
'\u25a0'.:•\u25a0\u25a0,.\u25a0\u25a0•-:-\u25a0... . ' \u25a0 . \u25a0 - . \u25a0-::\u25a0\u25a0\u25a0
THIRTEEN
LIVES LOST
IN A MINE
Explosion Spreads Death in
the Maitland Property in
Colorado Owned by the
Victor F uel Corporation
FATALITIES MAY
YET EEACH SIXTEEN
Open Lamps Used by the Men
in Portion of Diggings Be
lieved to Have J3een the
Real Cause of Disaster
WALZENBURG, Colo.. Feb. 19.— 8y far
the worst accident in the history of coal
mining in this r>art*-of the country oc
curred as the result . of an explosion at
the Maitland mine this morning.: At
least thirteen miners lost their lives. It
is possible that the list will reach six
teen.
The following is a list of the dead so
far as known: Archie Miller, tire boss;
William Moran of Maitland, Jameg W.
Titters of. Kansas. Battista Eobrea, Cor
ona Costa, Sopris Costa, Nick .Yokibetz.
Shortly after 8 o'clock there was an ex
plosion in that part of the Maitland
known as the Sunshine, which caused the
earth to tremble for miles around. Soon
afterward a man ran out and reported
that the mine was on fire. .The explosion
caused a fall of rocks from the roof, and
until this is cleared away it will not be
known positively just how many more
bodies are yet in the mine. The deaths
were caused by gas and the explosion
was caused by after-damp. .
It is believed that the explosion was
caused by the open lamps used by the
men in that part of the mine. General
Superintendent Murray arrived this even
ing and has taken charge. The Maitland
mine 4s the property of the Victor Fuel
JOHN MITCHELL, REFUSES
NOMINATION" FOR CONGIIESS
Will Not Accept Public Office While
at the Head of the Mine
Workers.
NEW YORK, Feb. 19. — John Mitchell,
president of the,. United Mine Workers
of America, to-day received a telegram
from Peoria, 111., in* which he was of
fered the Democratic nomination for
Congress to represent that district.
Mitchell immediately replied to the con
vention, then in session In Peoria, de
clining the nomination. He said that
he would not accept any political office
while head of the mine workers.
Mitchell lives in Spring Valley, 111.
Army and IVnvy Orders.
WASHINGTON, Feb. 19. — Army or
ders: Post Commissary Sergeant
Charles M. Downey, Presidio, Monte
rey, will be sent to San Francisco, re-,
porting to Major Charles R. Krauthoff
for duty. m?v --\u25a0 ; \u25a0 •: »: :
Navy orders: Midshipman S. W. Wal
lace,' W. A. Glassford. G. K. Davis. V.
N. Metcalf. S. F. Graves. C. . A." Wood
ruff and W. M. Perkins are assigned to
the Chicago, sailing from San Diego
via the Saturn on March 5. .. -^'
iti n I lisftia ii i si « ijisi jui si f Vi iVi « i iriii i 1 1 1 1 1 1 1 1 J 11 Vi iiii x 3 i 1*1 11 1 111 1 iilnnii 2 nn 1 in 1 111 i 1 i 1 1 1 jlil i 1 f 1 1 1 11 m i iii i* nijii 1 s tmi irt 1 rrn Tfrrfi m i 11 1 it 1 1 f^P
BBSS (" Jj 1 Afi^Mk fflOTi^*B *&£"% a^^ I **-' - — '.I fcP^y
ISwrS — <"' — - jH I VBU H*"~ 111 IS I 111 B^Z 9
BESj fr yk I II W k Ja Elm. JLnml JaJ* Ja^*^ _^ {'v**-1
rp9 Txir^a-r'^'jifl il*'l'»l Oj bh ft. Sa I 2^^ tr*^ . k^ 11^. erj«^.Ei£j^iA^» c t rr R'^:|
mmansa9raiia!niiiHiiiiiiiiiipyj^|^|||Jjf£ iiiiiiiiiiiiiininiuiiißßßHMqn
ILLINOIS WINS
OVER MISSOURI
Eight of Chicago to Divert
Sewage Into Mississippi
Upheld by Supreme Court
NOTED CASE SETTLED
Contention Advanced That
the Drinking Water Was
Polluted by Waste Matter
WASHINGTON, Feb. 19.-The famous
case of the State of Missouri versus the
State of Illinois, involving the right of the
city of Chicago to divert Its sewage into
the Mississippi River through the Chicago
sanitary canal and the Illinois River, was
decided to-day by the Supreme Court of
the United States In favor of Illinois.
Justice Holmes delivered the opinion of
the court, which was that Missouri did
not prove its case. There was no dissen
sion^
Missouri in its bill charged that the di
version, of the sewage was calculated to
have an injurious effect upon the people
of the towns on the Missouri side below
the mouth of the Illinois River. The
declaration was made that 13uO tons of
poisonous, unhealthful and noxious mat
ter were discharged through this channel
dally into the Mississippi, with the result
that the waters of that stream were poi
eoned and polluted and rendered wholly
unfit for domestic and drinking purposes,
also that It would render entirely worth
less the water works system of St. Louis
and other towns and cities below the
mouth of the Illinois on the Missouri side.
A perpetual injunction was asked.
In its answer Illinois denied the conten
tion of Missouri, alleging that 1.300.000
cubic feet of pure water from Lake Mich
igan being turned into the channel every
minute the water of the Mississippi would
be vastly improved, notwithstanding the
presence of the sewage matter at the head
of the drainage system. 5
< The case has been before the court for
several years.
The case of John and Ellen Strickley
versus the Highland Boy Gold Mining
Company of Utah was to-day decided by
the Supreme Court of the United States
in favor of the company. In this case the
mining company sought to secure a right
of way for an aerial tramway across a
placer claim near Bingham, Utah, which
was owned by the Strickleys. The way
was condemned upon the ground that It
was for a public use, and the Utah courts
sustained the condemnation, as did also
the Federal Supreme Court to-day.
The Supreme Court to-day decided the
case of the United States versus the Bit
ter Root Development Company and other
assignees of I the late Marcus Daly of Mon
tana, involving the charge of unlawfully
cutting $2,500,000 worth of timb«r upon the
public lands of that State, against the
Government, but it was stated by Justice
Peckham, who delivered the opinion of
the court, that as the Government had
secured new evidence the decision is with
out prejudice.
The Supreme Court to-day affirmed the
decision of the Court of Criminal Appeals
of -Texas in the case of Ruf ua Martin
versus the; State of Texas. Martin, who
is a negro, is . under... sentence of death
upon the charge of. having murdered C.
L. Swackhammer at Fort Worth in 1903.
He appealed his case to the Supreme
Court upon the charge that he was dis
criminated against in his trial and that
no men of his race were summoned to sit
upon the jury- Justice Harlan, who de
livered the opinion of the court, said there
was no evidence to sustain the 'charge
of race discrimination.
PERKINS TALKS
ON SMOOT CASE
Presents Petition of Women
of California Against
Seating the Utah Senator
OUTLINES HIS VIEWS
Declares That the Question
of Eeligion Should Not Be
Allowed to Become Issue
WASHINGTON, Feb. 19.— 1n presenting
petitions against Senator Reed Smoot
signed by thousands of women of Califor
nia and Colorado, Senators Perkins and
Patterson took occasion to-day to define
their positions on' the protests against the
Utah Senator. The former said that re
ligious views should not be considered in
passing upon the qualifications of a Sen
ator, and that his honesty and the at
tributes that command confidence and re
spect should be held above all else.
Perkins said it was the duty of a Sen-
ator to sit as a Juror upon the conduct of
a colleague, and that the chief qualifica
tion to determine the member's eligibility
was that he should be a good citizen, an
honest man and of good character. What
ever his private belief,- said Perkins, r«4
ligious matters should have no weight in
disqualifying a man from, occupying the
high position of Senator of the United
States. Perkins spoke against retracing
our steps to a period when religious war
devastated the earth. He said that our
Government was built upon freedom of
conscience and unquestionable individu
ality of expression concerning religious
belief, and no action should be taken
which would In the slightest degree
abridge thi3 freedom.
Patterson said that great constitutional
questions were Involved, and In casting
his vote he Intended to be governed by
the constitutional rights of the person
against whom the proceedings were pend
ing.
ANOTHER CONGEESSMAN
WILL FACE CHAEGES
Blackburn to Be Accused of
Using Influence for
a Fee.
WASHINGTON. Feb. 19.— Acting upon
the advice of the Department of Justice
the United States Attorney for the West
ern District of North Carolina will set
on foot a prosecution of a Reoublican
member .of Congress. He la .Spencer
Blackburn. Representative from the
Eighth District of North Carolina. The
proceedings against him will be for al
leged violation of the law which prohibit^
members of Congress practicing beftfr.V
the legislative departments of the Gov-'
ernment.
This is the same law for the violation
of which Senator Burton of Kansas has
been convicted, his case now being be
fore the Supreme Court upon appeal. It
was under this law that the late Senator
Mitchell of Oregon was convicted.
The proceedings against Representative
Blackburn are the outcome of a feud
which has disrupted the Republican party
of North Carolina. Representative Black
burn 'Is the head of one * faction and
United States District Attorney Holton
is.the active head of the other.
ha*. Just been reappolnted by President
Roosevelt In face of the bitter opposition
' of Representative Blackburn and his as
sociates.
Representative Blackburn says the
charge against him is nothing else than
political persecution.

xml | txt