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A PROPER SNUB
The Emperor of Japsa Notiles
the Cleveland Adulats
TO MIND ITS OWN BUSINESS
And Not Meddle In the War, Even
at the Request of Con
WAsarnrovo, Nov. 21.-The state de
pertment hu received a cable reply from
Japan, through Minister Dunn at Toklo,
to the United States suggestion of me
diation. The Japanese legation at
Washington has also received from the
foreign ofice in Japan a cable stating a
reply had been made and giving its
terms. Both were received here Sun
day afternoon. The fact that they had
been sent first became known through a
dispatch to the Associated Press from
Tokio. This much having become
known officials here made no further
concealment of details of the reply. The
cable to Secretary Gresham is accompa
nied by unusual dignity and formality in
having the imperial sanction of his maj
esty the emperor of Japan. It is rarely
the emperor speaks in diplomatic nego
tiations, so his action in this case is evi
dence of Japan's desire to express its
approbation of the course of the United
States. The message is in two parts:
First, giving imperial expression of good
will and saying the success of the Japa
nese army has been such that China
should approach Japan directly. The
second part is more directly from Min
ister Dunn and expresses the view of the
Japanese foreign office that China, hav
ing no minister at Tokio, should submit
a direct proposition through Minister
Dunn. Cables to Minister Knrino are
substantially the same as the foregoing.
till Winning Victories.
WAsmwoTol, Nov. 21.-The Japanese
legation here has received the following
cable: A portion of the army under Mar
shall Yamagata attacked Hein Yen,where
the enemy's force was reported to be 20,
000 at 6 a. m., Nov. 18, and succeeded in
taking the place by 9 a. m. The enemy
fled northwest. Five cannons were cap
The Steinway Trust Declared to Be Con
trary to Law.
NEW YORK, NOV. 21.-Justice Ingra
ham, in the supreme court, has declared
invalid the $1,000,000 trust created by
W. F. T. Steinway in his will for the
benefit of his nephews and nieces. Mr.
Steinway died in March, 1889. By his
will he left most of his property to his
executors in trust for his brothers and
their children and the children of his
sisters. He directed that 4,000 shares of
the 8teinway company be held by the
executors as trustees until Jan. 1, 1904.
After that date the beneficiaries or their
heirs were to take absolutely.
Henry W. T. Steinway brought suit to
determine the validity of the trust. Jus
tice Ingraham says that the trustees
cannot dispose of the stock until 1904,
and the will might as well, as far as the
power of alienation goes, ruake the trust
good until 2004. He holds that the ty
ing up of the stock for twenty years
from the time of making the will con
flicts with the statute forbidding a trust
from being tied up for more than two
lives in being.
SPARRING FOR TI R.
Ruasell sage nad George Gould Fai1 to
Naw Yoax, Nov. 21.-Justioe Truax,
in the supreme court reserved decislon
yesterday on a motion of CoL E. O.
James, represeting Russell age eand
George J. Gould, and the executors of
the will of Jay Gould, for an extension
of time to answer in the suit brought I
against them by the Soldiers Orphans'
home of St. Louis to recover 611,000,000. I
Col. James said he had only been brought
into the suit a few days ago on his re
turn from Labrador, and had not had
time to examine the papers.
L. J. Morrison opposed the motion, I
and said that if the defendants were I
given twenty days more they would want
twenty years beore they got through,
and then they would never filo an an
DMCOTID TO HIa DmRAH.
A West VLrglinl Physlelan Murdered.
Presumably by liotous Minors.
Csua.nxrowa, W. Va, Nov. 21.-Dr.
A. C. Anita of Montgomery, Fayette
oounty, was called from his bed at 8
o'clock this morning to attend what was
alleged to be an urgnt ase on the op
posite sidd of Morris creek.
At 7 a. m. he had not returned and his
family begn a search for him. About 9
o'olock a man pssing over Morris creek
bridge aw his body lying on the jagged
rocks on the bank of the stream fift y ot
Examination showed that there had
been a desperate struggle on the bridge
The doctor's cost had been torn in sev
eral places and he had been struook with
some blunt Instrument. The fall upon
the roek hbed let hardly a whole bone
in his body.
Poerss livilng ear the bridg heard
somrmsetwean 8 and 4 o'olook, but
suapsd they were from some drunken
The theory is that members of the
mob indlcted for murder during the coal
riots have put Dr. Anlta out at the way
to keep him from testifying about drme.
ing their wounds.
lill Talk oft emblatisa to R edues the
The New York Mining and Engineer
ing Journal of last Saturday has the fol
lowing to say of the copper market:
"The market has been very quiet and
not muooh buslues has been doing. Con
sumers are evidently very anxious to buy
at low figures, but And no encourage
ment on the part of holders. There are
still a reat many rumors to the eleot
that negotiations are being carried on to
restrict production between the prin
oipal producers, but no definite news
can be obtained, and if negotiations are
pending they are conducted in the striot
eat secrecy. The event of the week was
a sale of about 6,000 tons of Boston end
Montana matte, containing very little sil
ver, which material was put in store here
during the year 1888 for account of the
French syndicate, and it has always
been understood that there was some lit
igation about this lot. The selling price
is 8s. 3d., c. i. f. Liverpool, and consider
ing that the cost price was at least 15.,
and that there was about six years' in
terest, rent, fire insurance, etc., to be ad
ded, one can easily calculate that hardly
anything will be left when the returns
are made. Consumption of copper here
is said to be rather satisfactory. The
exports for this month are likely to be
heavy, as the above 6,000 toLs of matte
representing more than 3,000 tons of fine
copper, will, we understand, be shipped
promptly. For lake copper we have still
to quote 9%c., but at thie price the prin.
cipal companies are not in the market.
Electrolytic copper is worth 9-@%c.,
and casting copper 9,-9!c.
"Lewis & Son's Liverpool monthly
report of November let says: Shipments
from the United States to Europe for
the put month show a considerable fall
ing off, being about 4,800 tons, against
an average of 6,009 tons for the previous
three months, and against 11,473 tons
for October last year. Rumors have
been rife with regard to a satisfactory
conclusion of the negotiations to limit
production, but in the absence from New
York of the representatives of the com
pany most largely interested, no definite
ettlement has yet been made. If the larg
er producers would agree not to increase
their output it would appear that this
would be all that is required to insure
stability to the market. The returns
made by American producers give a pro
duction for the past twelve months of
about 142,000 tons, against 130,700 tons
for the previous twelve months, while
the export has been about 81,000 tons,
against 70,700 tons, leaving 61,000 and
00,000 tons respectively for home con
sumption. As, owing to the currency
crisis and tariff agitation, consumption.
in the United,Statee the past years has
been much interfered with, an increase
on these figures may reasonably be an
ticipated in the future, reducing the
quantity available for export.
A Lock of Hair Bring. $50at an Auction
NEW YORK, Nov. 21.-The sale of rare
objects of the Napoleonic period and
relics said to have belonged to that con.
queror, has been concluded at the Fifth I
avenue auction rooms. A piece of tap
estry from the emperor's bedroom at St.
Helena brought 097.50. A good sized
look of his hair went for $50. The ribbon
of the Legion of Honor, epaulet straps
and plastron worn by him, with an auto
graph letter of Evrard, the emperor's
valet, giving testimony as to the authen
ticity of the relics, mold for $245. A
large Sree vase, with two portraits of
Napoleon and Jcsephin (signed by
Maglin), brought the same amount. Tbhe
highest price paid was 570 for a pair of
POLIa COUrT Nortq.
Two auspleous Vagnreas Who Tried to
sll a Watch.
Two men, named John Mitchell and
James Wilson, were before Judge Hawk
Ins Monday on a charge of vagrancy.
They were arrested while trying to di.
pose of a watch which the police had
every reason to believe was stolen, from
the fact that their story of purchasing it
was found to be entirely tale,
but a the marshal could get
no evidence as to whom it belonged he
preferred the charge of varran and the
court imposed a fine of $25 and coste on
each of the men, giving them two hours
to escape serving it out by leaving town.
John Fisher, an old prospector, who
was let off light by the courton a charge
of drunkenness a few days ago, was up
again on the same old charge, and this
time the court gave him thre days on
the chain ang.
Alex Berquit gave himelf up as a
va, because h had no place to eep
andnomoney to pget anything to at
and the court dismissed the cse gainst
him and told him to try and hustle a
job for himself.
James Scott, who had been warned to
leave town and neglected the advice, was
given six days on the chain gang.
IThe esesa Whsy.
Omcsoo, Nov. 21.-The body of G. M.
t Lindsey, a salesman for Hymen e7r &
Co., jewellers, was found in the eke
south of Chicago this morning. He left
Shome yesterday. He isslld to be 90,,000
Illin ols Parmers.
Mouxr Vaaxwo, IlL, Nov. 21.-The
Horticultural society of Southern Illi.
aoli holds its l1 rnnual meeting in the
ouort house here, commeneierg today and
d ooastiulag three dys
THE IEW ELECTRI CITY CLUB
It Is Praetleally a Regsgeaatlos of
the Old Rahabew Clab--Lit
ed Member. c
Deeortlsea of thel ew Club Rooms
-They Will Be Op.. em
Dee. 1. e
When the hard time eame aleeg and
beaks we oelag their doors sad me
who had been la the habitao rspeding t
money liberally began to oat down every
unnemeary eipemse, the old Baiabow a
olnb, whleh had one bee a very pme
petous nstitution, catered on rooky l
time and was fBsily obliged, like some
more Important conoemns, to close ite P
doors, muob to the regret of many of the
oltisee. However, sinoe prosperity has
once more visited the city a number of o
gentlemen determned to again have 9
a first-class club house. The result of
several consultations and meetings
among those interested wen that a new p
club, to be known a the Electric City o
club, was organised and articles of noor
poration have been signed and duly filed tl
with the county clerk. The member- o
ship of the Electric OCity club I. large
ly oomposed of the old members of the
Rainbow club, and the following are its
President-F P Atkinson. t'
Vice President-H P Brown. b
Secretary and treasurer-F F Shur. a
Trustees-Paris Gibson, H P Brown,
W S Frary, F P Atkinson, L G Phelps,
F F Shur J H McKnight, E G Maclay C
and A M oott. ti
Steward-Ed Sims. u
The following will constitute the in- o
itial membership of the new club: d
OITY M3Mf3, n.
W D Dickerson, A E Dickerman,
O F Wadsworth, Jr,W H Gelsthorpe, o
T E Collins, P Kelly,
A G Ldd, BD Townsenhd,
J F McClellan, Frank Coombe, i
E G Hansen, G H Goodrich, r
RS Ford, Frank Klepetko,
AFLonsrway, B Lapyre,
John A Sweat. W T Pigott, P
Robt Blankenbaker, J H Fairfield, °
Wm Roberts, H P Brown, a
C N Dickenson, Thoe E Brady, °
J F Adams, W J Kennedy,
B B Kelly, F P Atkinson,
W M Cockrill, W M Albrecht, i'
W P Wren, S E Atkinson,
L G Phelps, Wm Silverman,
Joseph Silverman, E G Maclay,
J H McKnight, Gowan Ferguson, I
Ira Myers, Harry B Hill,
Jere B Leslie, W 8 Frary, a
Paris Gibson, A M Scott,
W E Chamberlin, A W Kingebury, P
H F Collett, F F Shur.
Frank M Smith, James O'Grady,
Gold T Curtis, R P R Gordon,
E W King, Matt Dunn, a
L R Fortune, John J Case, °
DW Bateman. 9
OUT OF TOWN MEMUEi.
Dudley DuBose, Fort Benton. t
John Fleming, Chicago.
J. E. Bower, Stanford.
George L Tracy, Helena.
P. B, Buchanan, Willow Creek.
Charles D. Elliott, Willow Creek. t
J. F. Weimeecary, Helena.
S. N. Dickey, Belt.
John Lepley, Fort Benton. °
John D. Waite, Utica. r
The club have secured rooms over the
Cascade bank and for the last few weeks
the workmen have been busy getting
them ready for the occupancy of the
club. which hopes to be able to open up
thetr new quarters by the first of the
month with a banquet. A TrIBUnE
reporter was shown through the club
roomayesterday by8uprenant & Deeilets,
the contractors, who have had charge of
the decoration of the interior. They
have made a very handsome job
of it and the club will have most
convenient and elegant quarters. The E
parlor oocupies the Central avenue
frontage and is separated from the
bar room by a partition of polished oak
and stained glees, with ornamental pan.
ce and devioes in. wood representing
electric rys. The room is frescoed in
blue and gold, lso in a design represent- I
le the elro bashes. The bar room t
is resood in terr ootts and gold, with
roooooo ornamentation. On the north
of the bar room is a large billiard room,
also fnished in terr otta and gold, with l
ray ornamentation. The windows in thisb
room look out on the alley. The card a
room opens out of the billiard room and I
also receives its light from the rear win. I
dows. It is freseoed in buf, with gold t
ornamentation. The reading room ooou
pies the west side of the building and
contains an aloove for the secretary'
desk. A lavatory is oonnected with it,
and also a small room or closet
for holding ilesof mlgsines and ps- 1
es. It is one oft the prettest roome in
the whole suit, being delioately teooed
in pearl with gold and silver ornamenta
tion. Mess. Suprenant & Deselets are
certalnly entitled to muoh oredit for the
chaste and beautiful manner in whichb
they have decorated the club house
quarters. It isnot the intention of the
club to do any cooking, but lunches can
be ordered at neighboring restaurants
and brought to the club housif desired.
Altogether the Eleotric Oi club pom
kees to "fill a locgfelt want and furnish
a cos and comfortable place for the
business men to meet, and also a place
to entertain trnee rwho vist the aty.
A leano at the lIst of membership
sufieu nt to ooevlnce anyone that it
starts out on a solid business basis and
islike to havs a long and prosperous
T* T SOID 0310W.Oo.
a.ll Test of me Deoelten ef the Sapeme
Oeart ea the sebeet Peads.
The following is the full teat of the
supreme court decision esfar as it re
I late to the ground on which the school
bonds were declared lavalled:
Under the statute quoted in the state
ment above (seotl 1,90, as amended),
a majority of the school trst must
tint declde to submit the question
. named in the statute tbe electors and
a the electors must tha v oets o the
I ~ tlon submitted. T wtsh the
t m may deride to adN t the
electors and upon which the electors
Sall vote I plainly stated in the statute
It is whetherathorityshall be iyven the
trustes to lmue coupon bonds ln a oer
tarn amount (within the limit defined by
the statute) and beero gaOertain rate of
interest, (within the limit fixed by the
statute) and payable and redeemable at
certain times, and for certain perposs.
So it semsm that in an election upon this
question of issuig bonds of a school
distriot, the matter submitted to the
electors contalin several propositions, as
follows: First, the amcunt of bonds;
second, the rate of interest which they
shall bear; third, the time when payable
fourth the time when redeemable, and
fifth, the purpo for which the money
i-to be usd. Consulting thenotios pub
liabd by the school trueee, set forth in
the statemeat above, we find that they
suebmitted to the electors only two of the
above prgositi a, namely: The first
and fibth that is, the amount of the
bonds a.l the purposes of the use of
the monsy. They wholly omitted to
submit the ond, third and fourth
propositions, namely: the rate of inter
est of the bonds, the time when payable
and the time when redeemable. Were
thse proposItions so omitted material,
or were they simply formalities? The
question now ariese, before the bonds
are delivered to any purchaser and no
question of innocent purchaser is in
volved. (15 Am. and Eng. Ency. Law,
p. 1972, cases cited in note 4.) We are
of opinion that the trustees did not sub
mit to the electors questions which the
law required to be submitted, and that
those questions so omitted should, on
consideration of an application to enjoin
the isuance of the bonds, be considered
vital and material, and not simply need
An election for the isuance of school
bonds is a special election, held pursuant
to notice. The electors have no notice
by any general law as they have of a
general election. The notice of election
was therefore indispensable. (Meach
am's Public Ofmcers, Sections 172-176;
Cooley on Taxation, Chapter XI.) But
the alleged notice in the matter before
us did not notify. The electors should
have been permitted to decide what rate
of interest they were willing that the
district should pay. This item was im
portant and the statute considered it so.
Whether the district should pay one rate
of interest or another was a question
whether the district should or should
not pay out a certain sum of money as
interest. The difference between one
rate of interest and another is a sum of
money to be paid, just as much as is the
face of the bond itself. And the statute
provides that the electors shall decide
upon the payment of this amount, just
as positively as that they shall decide
upon the amount of the principal sum
that they shall borrow.
The time and payment of redemption
is also a matter of importance to the
electors. It is of interest to the borrower
(and the electors are in fact the borrow
ers) todecide whether be wishes to make
a short loan or a long loan, and whether
he shall have the privilege to redeem in
a short time, or whether he must allow
the principal to stand and he be com
pelled to go on and pay interest after a
date when he thinks that he can lift
from bimself the burden of his debt.
These three important matters the
electors never bad an opportunity to vote
upon. No one ever passed upon these
questions except the trustees when they
came to prepare their bonds. We have
no doubt that this was for the electors
to determine, and not the trustees.
As above noticed, this question arises
under proceedibgs to enjoin the issuance
and delivery of the bonds, and is not
between any innocent purchasers of the
bonds and the school district.
It is therefore ordered that the judg
ment be reversed and the case be re
manded to the district court, with di
rections to overrule the demurrer and
to proceed thereafter in accordance with
the views expressed in this opinion.
(Signed) WILLIAM H. DE WITT,
WASHINXTON, Nov. 21.-Rear Admiral
J. 0. Walker hu been ordered to take
chbarge a president of the naval exam
ining board today; also Commander W.
H. Browneon to take charge u com
mandant of cadets at the naval acad
The Cotton Crop.
CHIcaoo, Nov. 21.-Two steamers car
rying 14,000 bales of cotton, the first of
the season, entered the Manchester ship
canal this morning.
The board of trade met yesterday
afternoon at their rooms, President Web
stor being in the chair. A fair attend
ance of busines men were present and s
number of letters relating to the estab
lishment of new industries were read
and arrangements made to bring certain
entlemen here who desire to look over
the city with a view to locating such ia
Dupuyer did not gt many voter in
the recent county seat contest bemaus
her people believed that the election thie
year was not a legal one, and they want
ed Choteau to hold the county seat two
ears longer, when she could then get
together and knock her out of it. They
figured that Bynum would give her a
harder fight for it than Choteau could.
Time will show that they were right.
MOST PERFECT MADE.
A pwe Grape Cream of Tartar Powder. Au
sAm Aummae , Alum or any other adiheim.
40 vArus THE ITANIA.
Spell it as you like just so
you guess the right number
Will offer for the balance
of this week a Special Ex
tra discount of 20 per cent.
on all Shoes for either Men,
Women or Children.
and save yourself fully
.........25 per cent.
STOVES 8 CROCKERY.
315 CENTRAL AVE., GRFAT FALLS.
A. MoDONALD, Proprietor.
RATES $1.25 PER DAY OR $7 PER WEEK
HEADQUARTER8 FOR THE TRAVELING PUBLIC.
BEST AND CHEAPEST HOTEL IN THE CITY
FREE BUS TO AND FROM ALL TRAIN
Ooerer f I.eemod Aveuae iad Pourth Street ouath.
P. 3. OALLAGHER. J. A. 0OOKST
The Ulm House.
GALLAGHER & OOCKSTETTER,
Rates--$2.OO Per Day and Upwards.
Centrally Located. Free Bus to and from all Trains.
Electric Light arnd Baths for Guests.
FIRST AVE. SOUTH, GREAT FALLS.
$1.50 Per Year.
THII AIVERTISEMENT CAREFULLY
We think we are selling the beet
fitting, beet wearing, and finet
quality White Shirts in Great FPals,
We also have the exclusive agency
for Foster, Paul & Co.'s importh
French Kid Gloves for men.
Now, in order to induce you to
give our shirts and gloves a trial, w
. will this week give you a pair of
these celebrated kid gloves for noth.
ing with every purchase of halt,
dosen White Leundered Shirts. 9Ti
is no fake. The gloves sell all or
America for $1.50. The shirts re
lower in price than any house ie
Great Falls will sell you. We sel!
you a pure linen front, good cotton
shirt well made for 75e. A better
for 85e.; better still for 81 and 81.,.
and the finest, beet fitting shirt in
America for $1.50.
Don't mise this sale. You wilI
always buy our shirts if you try
Where Do You
Buy Clothes ?
.......For every gentleman this isa Imuport.
ant question. There is all ttodit8aem
in the world between a garme. thbt
fts and one that does not.
Where We Excell
......Is In perfect fit and fine workn n.ett,
P'Rrhape we lpraldy do your work.
we do not joet give us a chaueR to idl
KELLY & FLIEGER
201; CENTRAL AVE.UE.