Newspaper Page Text
EL PASO,. TEXAS,
Neveaber 12, 1912 1$ Pages
TWO SBCTIOIfS TODAY.
Pair tonight and Wednesday.
HE SHOT TB
S CONSTITUTION OVERTHROWN
URESIS IDE II EL PASO ?
Tries to Distinguish Between
Assault Upon Eooseveltas
"Menace" and Citizen.
Milwaukee, Wis.. Not. It, John
Schrank pleaded guilty today of at
tempting' to murder Theodore Bosevelt
and in his plea, he sought to distinguish
between an assault upon Roosevelt as
a "menace" and an attack upon Eoose-
elt as citizen.
Municipal judge A. C. Backus an
nounced upon reading a. petition of dis
trict attorney Wintered C. Zabel that
he would name later a commission to
examine into Schrank's mental condi
tion. Less than ISO persons listened to the
proceedings and watched the small.
compact form of Schrank as he stepped
vlowly to the bar and entered his plea.
Of this number 20 were detectives and
half a score deputy sheriffs who
watched closely all persons in the
room not known to them.
Intended te Kill Roosevelt.
Schrank's case was the first action
of the court.
"How do you plead to this charge?"
the prosecutor asked the prisoner.
'Why, guilty, Mr. Zabel," replied the
prisoner, in a confused way, as though
not sure he was following the proper
"You have heard the complaint," in
terposed judge Backus in a loud Toice;
you understand that in it you are
harged with having attempted to mur
der Theodore Roosevelt- JDo you plead
-ruilty or not guilty?"
"I did not mean to kill a citizen,
-udge." began Schrank. "I shot Theo
aore Roosevelt because he was a menace
to the country. He should not have a
third term. It is bad that a man should
have a third term. I did not want him
to have one. I shot him as a warning
that men must not try to have more
than two terms as president.
"I shot Theodore Roosevelt to kill
him. I think all men trying to keep
themselves in office should ne killed;
they become dangerous. I did not do it
because be was a candidate of the Pro
gressive party, either, gentlemen," he
"All right." interrupted the court,
taking from the district attorney the
plea for a sanity commission for the de
tendant. He read hastily while the
prosecutor explained its purport.
Attorney Saj-a He In Insane.
"The man is insane," said the district
attorney. "It would be wrong to
sentence him for & crime if he was
mentally unsound, just because he was
willing to plead guilty."
"I will name a commission today to
inquire into his sanity," announced the
louI "Let no one leave the court room
,ntil the defendant Schrank is outside
of the city halL"
Schrank went back to the jail with
GREEKS AT BINGHAM
OKioIala Assert They "Were Fired Upon
As They "Were Escorting Suspected
Strike Rioters te Jail.
Bingham. Utah, Nov. 12 Two Greeks
were 'wounded, one perhaps fatally by
deputy sheriffs early this morning.
George Belelodania was shot through
the abdomen. John Cedakis wa
wounded in the right shoulder. The
deputies declare that they were fired
upon from a Greek coffee house as they
were escorting two suspected strike
rioters to jail, and returned the fire.
One of the alleged rioters, whom the
deputies accused of taking part in the
shooting at the United States Tramway
last month, escaped in the excitement
YEGGMEN DROP IN
WITH "THE PONIES"
Coincident with the arrival of the
race track crowd for the Juarez meet
ing, the yeggmen, second story work
ers, "dips." check workers and others
of the underworld Ilk are drifting to
El Paso for the winter. The men who
are working the northside stores by
taking panes of glass from the win
dows with railroad handspikes and
rifling the cash registers are only a
part of the horde of undesirables
drifting El Paso way, the local officers
say. It happens every year when the
Two check workers, were operating
Monday passing worthless gbecke on
the South El Paso street merchants.
The yeggmen and postoffice crooks
who have been making Juarez their
haven, still remain on the Mexican
Washington, D. C. Nov. it Dosha,
Tex., postoffice has ben ordered dis
continued December 13.
MORE MONEY NEEDED
FOR THE INTERURBAM
It is now squarely up to the people
of El Paso and the Bt Paso valley
whether or not the valley interurban
line is built
Ten business men of 1 Paso have
given their personal word that the
; 15.090 bonus for the interurban line
would be forthcoming. An effort has
been made to raise this amount by I
su oscription Dut only a iractlonal part
of the amount has been raised. There
remains $11,000 yet to be raised before
the bonus can be given the Stone and
Webster company and the construction
work on the line started. Until this is
done, there will be no interurban, the
So much routine work has developed
n getting the nghtofway down the.
vauey tnat tms committee nas decided
that it will be best for' the chamber of
commerce to appoint other committees
to raise the remaining $11,000 of the
lonus and allow the original committer
'o complete all of the technical and j
legal details of the rightofway work. J
These new committees will be appoint
ed as soon as possible by president !
waiter . tjiayion ana a campaign to
raise tne valley line Donus will begin
"It is no longer a proposition of pav
ing Stone and Webster $15,000 bonus."
Frank R. Tobin. one of the most active
of the interurban committeemen, said.
"These ten men have pledged the
$15,000 to the street railway company
and unless the bonus is raised these
men will have the total amount to pay
f i om thfii own private resources or
throw up the proposition. They gave
Assassin Opens Fire as Jose
Canalejas Enters Ministry
- ENDS HIS OWN LIFE
Madrid, Spain, Nov. 12. The Spanish
premier, Jose Canalejas, was shot dead
today while entering the ministry of
the Interior here to attend a cabinet
meeting. His assailant, Manuel Pardi
xi&s Serrato Martin, aged 38, of El
Grado, province of Hpesca, was arrested
and then committed suicide.
The assassin fired four shots at the
premier. Three shots struck Canalejas
behind the 'right ear and he fell dead
The assassination of premier Canale
jas took place in the Puerta del Sol, in
front of a book stall at the corner of
Carret&s street, near the entry te the
ministry of the Interior.
Bystanders seized Martin and handed
him over ,tb the police. He then turned
his revolver on himself.
Martin -is said to have been closely
connected- with -anarcnists, but it is
not know-n whether his crime -was pre-
'concerted or whether it was committed
on hie own initiative.
Political ferment always exists in
Spain, but nothing has been reported
within a recent period which could in
any -way be connected with the crime.
Ida; Is Deeply Moved.
The assassin came to Spain a short
time ago from Buenos Ayres. Argentina.
King Alfonso, who hurried out of the
ministry as soon as he heard of the as
sault, was deeply moved by the tragic
death of the prime minister. Immedi
ately after the crime his majesty was
acclaimed by the people "who had quick
ly gathered at the scene of the shoot
ing. A strict censorship was instituted by
the authorities' on the telegraphs and
telephones immediately after the crime,
and for several hours it was impossi
ble to commnuicate with the outside
Created Many Reforms.
Jose Canalejas y Mendes. prime min-
Ljster of Spain, WSe selected to form the
apanisn caoinei in r euruary, inn. xi
was the leader of the Monarchial Dem
ocratic party, which came into power
on the resignation of the Liberal cabi
net headed by senor Moret y Prender
gast. Senor Canalejas, 'who belonged to a
wealthy and prominent family, came
to.- the front in political life only in
1900, when he took a leading part in
the campaign against clericalism. He
had. however, taken great interest in
politics as a student and public speaker
for many years before that. At the
age of 25 he became a member of the
Spanish parliament, attaching himself
to the advanced Liberal section.
He became a member of premier Sa
gasta's cabinet in 1902 as minister of
agriculture. He introduced many re
forms, especially in regard to the work
ing classes, and eventually created a
department of labor.
Asked By King to Form Cabinet.
When he was asked, in February,
IS 10. by king Alfonso to form the
ministry, the request caused a great
sensation and it was the first time in
(Continued on page 4.)
their word that the bonus would be
raised In order to save the time that
would be necessary to raise that amount
by popular subscription and in order
that the valley and 1 Paso might have
an interurban just six months or a year
sooner. When it was a yes or no
proposition between having or not hav
ing a valley line, the people whose in
terests would be directly affected by
the construction and operation of the
line, were more than glad to subscribe
to the fund. But just as soon as the
project was cinched by the pledge of
these business men many El Pasoans
decided that the line would be built
without their subscription and 'laid
"This is not the right spirit and It
is not the spirit that has made El Paso
grow circles around other cities of the
state. The people of El Paso and the
El Paso valley are pledged to raise that
bonus, for the 10 men were acting only
as their agents and for the public
good If the chamber of commerce
will get behind the project and push,
the people. I think, wijl rally to its
support and the interurban will be
built this winter. The present inter
urban committee has its troubles in
getting the entire rightofway and in
completing the details for the construc
of the line. It is now up to the people
to raise that $11,000 yet remaining of
the original $15,000 bonus That done
and with the rightofway work com
pleted, the line will go down the valley
and the entire community. El Paso and
the valley, will be benefited many
times over what is subscribed to the
Nobody but the Faithful Can
Take Office in El Paso,
Says Zach Cobb.
WANTS TO SEE
Zach Cobb says only the- faithful
shall go on guard in El Paso; by "on
ward" is meant taking office under the
Wilson administration. Mr. Cobb re
turned today from east Texas, where
he has been meeting the big Democrats
of the state, and he says he will spend
his own money to go to Washington
and lay the facts before the president
if any c.f the "dirty politicians," or ter
mor anti-Wilson men make any serious
effort to land a federal job. Mr. Cobb
was mentioned by some of his Texas
friends while he was at Dallas for the
position of ambassador to Mexico. Dis
cussing his trip, he said today:
"1 have just returned from down the
state, where I argued a case in the
supreme cirt at Austin, and later
spoke at the great Democratic glorifi
cation rally in Fort Worth. While
down there, I read in the papers that
some of our fellows out here thought
that I was trying to control or boss the
federal appointments in El Paso. I
would not be a boss if I could. These
appointments will be made upon the
recommendations of senators Culber
son and Sheppard and congressman
Smith. Our friend, national committee
man Cato Sells, will be a man of big
influence. I have spent my political
life fighting bosses in EI Paso, and I
would not adopt their follies now that
I have the chance.
n my Fort Worth speech I told
; them that I would rather see clean
politics in El Paso, and would rather
see our good people freed from the
horde of 1500 or 2000 corrupt votes that
j are the controling influence in each of
our elections, man to jiavt? any uiuw:
in the gift of president Wilson. How
ever, there is nothing inconsistent be
tween the two. I am confident that
judge Dan Jackson -will see to it that
the grand jury indicts any man, high
or low, that takes part in the payment
of illegal poll taxes this year.
Wants AVnrd Heelers To Reform.
"It would be a great pleasure to see
some of these ward heelers go to jail,
but it would be a far greater pleasure
to see them get sense enough to behave
themselves, so that we can have an
election next spring without the
fraudulent vote, and without having to
send any of them to the penitentiary.
"If I should be an applicant for col
lector, or for some higher office, I am
sure that the Wilson leaders over the
state, both in and out of congress,
would note me. However. I gave my
f-servteMT "" tfce .- -wttkwrt mmr
strings tied to litem. Tnere are mum
bers of other good Wilson men in El
Paso besides me who are Just as de
serving of recognition.
Will Fight Dirty Politician.
"There are plenty of men in El Paso
who helped us make the fight for clean
politics and for Wilson, that are
capable of filling all federal offices here.
Of course, men who have been identi
fied with dirty politics, and who were
opposed to the nomination of Wilson,
will not have the cheek to expect any
appointments. As long as the contest is
between clean men, who were Wilson
men, I do not expect to take any sides.
If any man who has been identified with
dirty politics in Jfi 'aso, or wno luugm.
Wilson's nomination, should have the
nerve to apply for a position, it would
afford me great pleasure to pay my
own expenses to Washington to lay the
facta before the administration.
"Of course, I was very greatly
pleased with the suggestion that I be
annotated ambassador to Mexico. That
would be just as great an honor to the
city and people or isi .Paso as to me.
The suggestion was made by a friend
who had spent a great deal of time in
Mexico. He urged me to apply for the
appointment for the reason that my
experience on the border, and my
! familiarity with the Mexican people
i and conditions would be an advantage
to our government. The Idea was very
heartily endorsed by others.
"The Democratic irtv standi" for I
eir TMexteo" anditast iSterven- '
peace in Mexico ana against lnierven
tion. Our next ambassador will have
the task of obtaining tor American
citizens the same respect and protec
tion that has been given British sub
jects in Mexico, and at the same time of
having our American citizens in Mex
ico give the proper respect to the
Mexican government, and keep hands
off of Mexican affairs. This is in line
with the resolution that I had placed
in the platform at Baltimore, to the
effect that American citizens should be
respected the world over."
IKE AMJBItETE PATS AMi
' BUT ?80 OP JURY KKKS.
Ike Alderete, exdistrict clerk, has
paid t'.ie sum of $2620 due as jury
fees, leaving a balance of $100 still
unpaid, due at the time he was
checked up, according to J. A. Bsca
jeda, county auditor.
The stenographers' fees amounting
to $1338.43 the auditor stated had
been settled in full.
Grand Concert For Benefit O f Needy Babies
Testimonial to the 22d Infantry Band Friday Night at El Paso Theater Is for Benefit of the Babies of El Paso.
ASOCIAL event of notable bril
liancy will be the grand military
concert by the 32d infantry band.
Friday evening at the El Paso theater
for the benefit of the "Save tne Babies'
fund of the Woman's Charity. Among
eJ"x Parties -will be those of Mrs. j.
Cx. McNary. chairman of the Baby Fund;
Mrs. H. S. Potter; Mrs. U. S. Stewarts
children; and the society girls who are
to act as ushers. A box will be at th
disposal of Gen. Steever and lrs.
Steever, CoL Frederick and family, Col.
W est and Mrs. West Many hundreds of
tickets have been sold to socially rep
resentative El Pasoans. It is expected
that not a few visitors will be here also
for the occasion.
Brilliant Musical Program.
Jsever before has El Paso been of
fered such a strong and varied m.ioical
Program for its entertainment as that
which, has been prepared for this con
cert. El Paso, by the waj. oius the
regiment, its officers and its baud a
debt of gratitude for the summer's en
tertainments and for the part the regi
ment played in the Os-Aple jubilee and
the sincerest and best appreciated tes
timonal right now would be to fill the
theater Friday night with an enthusi
Miss Virginia Bean, whose violin ilaj -ing
always gives pleasure, will nlay
the "Souvenir," by Drdla. Frincis
Moore will play Wiemawski's Concert
Waltz in D flat. Parvin Witte will sing
"My Hero" from the Chocolate Soldier,
with band ac ompaniment The Ke
note Tiade i:iin.sion qu.iru t w il ing
both with, and without band aecoiu-
McManigal Asserts Union
Official Gave Him Instruc
tions About Explosions.
COAST LEADERS KNEW
OF HIS WORK, HE SAYS
Indianapolis, Ind., Nov. 12. Ortie K
McManigal told at the "dynamite con
spiracy" trial today how, with 12
quarts of nitroglycerin he arrived in
Kansas City, Mo., to blow up a bridge
across the Missouri river there in Au
He testified he had gone as a paid
accomplice of John J. McNamara, who
at Indianapolis had instructed him to
cause three explosions on the bridge
being built by nonunion workmen.
The explosion took place about 8:30
p. m., Aug. 23.
At Kansas City, McManigal said, be
left his nitroglycerin nt the rHnmv
station, a boarding house and at a hotel.
I "I had 'one ten quart and one two
quart can," said McManigal.
Batteries AVere Too AVcak.
"To divide it into three bombs I went
to a paint shop and got three four
quart varnish cans, distributing the
explosive in the new cans. With alarm
clock attachments I took the stuff out
and buried it in a swamp near the
bridge. While working in the swamp,
I thought I saw some one coming, so 1
hurriedly hid the bombs in the weeds.
On returning I could only find two of
them. I set the bombs to explode that
night and went back to town. The ex
plosion failed to come off, the batteries
being too weak, and I replaced them
the next day.
"From Kansas City I went to Peoria,
111., -where I was to do a job. I got
iu touch with Edward Smythe, the iron
workers' business agent. Smythe took
me through a cornfield and pointed out
the plant of the Lucas Bridge and Iron
conipany, saying: That's the job to
be blown up.' "
McManigal said he caused the Peoria
explosion Sept. 14. It damaged sev
eral adjacent buildings.
Leaders Knew of Work.
McManigal named Peter J. Smith, of
Cleveland; George ("NipRer") Ander
son, of Cleveland; Charles AVqchtemis
ter, of Detroit; Hiram Cline, of Indian
apolis; William E. Reddin. of Milwau
kee; Fred Mooney. of Duluth. Minn.,
and Eugene A. Clancy, of San Francisco,
all labor union officials, as being among
the 45 defendants who knew lie was
employed by the ironworkers, union to
blow up work under construction by
I "open shop" contractors.
"When I got back t: Indianapolis,
teleanraffi framTCUtney at San
and that he (James B.) was going to
the coast. J. J. said to His brother;
"Look up Clancy as soon as you arrive
and he'll put you in touch with th-s
bunch and the old man.
"On the way to Chicago, when I laft
him J. B. said he expected to be three
months on the coast, that they wanted
some one to go out and clean up the
coast, particularly Loe Angeles, that
they had had a couple of fellows Vork
ing out there, but they did not get any
results. Later I received a telegram
from J. B. dated Seattle.
"I went to Omaha, and on July 21
blew up a. job there with eight quarts
of nitroglycerin. I knew the explosion
occurred, for I heard it while waiting
for a Chicago train at the station half
a mile away.
"J. J. wanted to know when I re
turned to Indianapolis why I had not
caused two explosions on the Jab. I
told him a. watchman and a dog were
following me around and I did not take
any chances. I was afraid the dog would
scent me out in the dark.
"J. J. gave me 14 quarts more and
told me to go to Milwaukee and get
in touch with William E. Reddin and
then to do a job at Superior, Wis. I
went to Milwaukee and buried six
quarts on West Wells street. There I
met Reddin, telling him the Milwaukee
job did not Have enough material on
it to blow up yet, but he said let J. J.
know when the material arrived I blew
up the Superior job Aug. 1.
l tooK a uuiutn newspaper account
f u explosion back to J. J., but ho
said had beaten me to it. for Fred
,. . rkuiuth t.i n-rttn Tiin. a
Mooney at Duluth had written him a
letter thanking him for sending a real
dynamiter up there."
After an hour's session the court ad
journed until Wednesday on account of
the illness of Allen Spauling. a juror.
A doctor stated Spauling was suffer
ing from a slight attack ot vertigo in
consequence of being kept constantly
in court and would soon recover.
NO BVIDEXCE AGAINST WOMAN"
WHO CONFESSED TO MURDER
Los Angeles, Calif, Nov. 12. 'Mrs.
Pansy Hastings Lesh, the young woman
who surrendered to the police here,
saying she had poisoned two women in
Missouri, will start for Sedalia, Mo., to
morrow in company with sheriff M. C.
Henderson, of Pettus county. He stated
that, aitnougn tie would take Jars.
Lesh back to Sedalia, he was convinced i
that she could not be held, as, aside j
from her own admission, there was ab- '
solutely not evidence against her.
Notice To Ticket Holders
Reserved seat coupons may be had
on Friday only, in exchange for the
corresponding admission tickets, by
applying at Ryan's drug store during
the day. or at the El Paso theater
box office the night of the concert.
Owing to the great length and va
riety of the program, the concert will
begin at 8:15 sharp, and the public
is requested to be seated by that
paniment. A feature of the concert will
bo trumpet calls with explanation, by
chosen trumpeters from Fort Bliss.
Both Popular and Claxslcal.
The band will play plenty of the up
todate popular music, ragtime, light
opera, dances and marches. But the
piogram will include a number of pieces
that will especially delight the real
music lovers this band is known as
the finest in the army, and the meir.hers
take especial delight in interpretation
of the higher class music of orchestral
quality Among the pieces programed
for the concert is a movement from
BeethoTen's Eighth Symphony the most
joyous and dancey of all the symphonies-
this movement, the Allegretto,
uas il.i(d last week in Washington. D.
C, ti tne Boston Symphony orchestra,
Granddaughter of Member of
Boston Teaparty, Dies Here
Mrs. Martha White Stuff, at the Age of 87 Years, Passes
Away Is Descended From Colonial Stock and Her
. Family Has Been Full of -Noted Warriors.
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Mrs. Martha White Stuff, granddaagfcter of Uhoraas White, member of famous
"Boston tea party," and her daughter, Mrs. Ada Briggs, 1160 Texas street, at)
whose home she died Monday.
Mrs. Martha White Stuff, daughter
of a hero of the war of 1812, and
granddaughter of Thomas White, at
one time clerk to president George
Washington and member of tne famous
Boston tea party, died in El Paso Mon
day at the age of 87 years. She was
buried Tuesday morning from the
home of her daughter. Mrs. Ada
Briggs, 1100 Texas street, where she
died. The funeral was conducted by
the Daughters of the Americas Revo
lution and the Eastern Star. Inter
ment was made in the Masonic plot
in Evergreen cemetery.
Martha White was born in Bedford
county. Pennsylvania, oo- August 11,
1825, the daughter, Vf Thomas White,
a farmer of that section, who had
fought in the war of 1812, but had re
turned to more peaceful pursuits soon
At the age of 23 years she married
Joseph Stuff in the town of Philadel
phia. Pa., and for many years made
her home in Pennsylvania. After .the
death of her husband she went to San
Diego, where she made her home with
Siill resides in that city at 71 Water
She was the mother of ' eight chil
dren, only four of whom survive her.
They are: Mrs. Ada Briggs, widow of
the late George Briggs, of the customs
service in EI Paso; Rev. Frank Stuff,
a minister, of Knoxville. la.: Bernard
Stuff, who when last heard from was
a resident of Waterloo. la., and Mrs.
Ellen Gruber, of San Diego, Cal.
and the Washington Post said of it.
"The Allegretto movement of the Eighth
Symphony was easily the artistic cli
max of the concert." Other program
numbers are the Dance of the Serpents,
by Boccalari; Offenbach's famous
Orpheus overture, perhaps his most
popular work: the Raymond overture,
by Ambroise Thomas, always a concert
favorite. Madam Sherry: the Suite
Americana of Thnrban. a fine bit of
tone painting:, and numerous other
popular and classical selections.
Altogether, the evening will be filled
with pleasure for all who attend, and
the proceeds are all for charity.
The patronesses for the concert are
Mrs. E. Z. Steever. Mrs. D. A Frederick,
Mrs. Frank West, Mesdames U. S. Stew
art, A. P. Coles, W. W. Turney. Frank
Coles, A. M. Loomis.Roxey Loomis. W. H.
Burges. Horace B. Stevens, J. G. Mc
Narv, W. R. Brown. J. A. Covod. J.
F. Williams. E. Kohlberg, H. S. Pot
ter, Horace Broaddus. W. Cooley, W.
L. Gaines, W. J. Cox, and H. T. Bowie.
Mrs. Gaines has organized the corps
of ushers from among popular girls of
the younger society set The ushers
for the evening will be the Misses len
i ietta Buckler, Wanda Race. Eileen
alz, Martha Thurmond. Vnnie Lee
Uaines, Lmire Nebeker, Helen Lon
ffuemare, Olive Iaris, Elsie Kohlberg,
iJoris Fiederick, Iva Cool
Tickets may be had of any of those
above named, also at The Herald office,
the Y. M l" A , the principal hotels, and
at ariou pla t-s in the business center
as indicated by placards.
About a. year age she came to EI
Paso to make her home with her
daughter. Mrs. Ada Griggs, and re
mained at her home up to the time of 1
Mrs. Stuff -was proud of her fore
fathers, who had fought in the revolu
tionary war and the war of 1812; some
of her relatives also fought in the
civil war while two boys of the fam
ily fought and died In the Philip
pines. In memory of her grandfather,
Thomas White, of the Boston tea
party, a monument has been erected
near the town of North Point, in
Broad township. Bedford county. Pa.,
and another stands in the city of Co
BURLESON MAY BE y
Washington. D. C, Nov. 12. The at
torney generalship in president Wil
son's cabinet now lies getween five
prominent Democrats, two of them
from Texas, it was learned on good
authority today. Representative A. S.
Burleson and representative Robt L.
Henry are the two Texans. The other
aspirants are Louis D. Brandels, of
Boston: representative Palmer. of
Pennsylvania, and D. N. Samuel Unte
myer, of New York.
It is believed representative Burle
son will get the plum. He is nearer to
Wilson than any other public man in
CORNERSTONE IS LAID
Van Horn, Tex., Nov. 12. A large and representative gathering of Van Horn
citizens, among whom were many women, witnessed the cornerstone laying cere
mony of the new Culberson county court house this morning.
A. M. McEiwee, of Fort Worth, R. Darrfll and judge J. T. Canon, of Van
Horn, delivered addresses. Rev. A. E. Miller also spoke and pronounced the Bene
diction. The buiraiag is a handsome structure, the first story walls of which arc almost
completed. It is being constructed of native sandstone by architect and con
tractor E. E. Churchill, of Fort Worth.
The contract pike is $60,000.
Appreciates The Work
Of The El Paso Herald
From Carrizozo (N. M.) News:
For the past month or two the 1 Paso Herald has been giving the Carri
zozo district some very effective publicity, including, besides several columns
of local and social items, considerable space to purely development news and a
strong editorial on the possibilities of shallow well irrigation in this district.
Several inquiries have been received asking for further particulars of this
section, evidently as a result of this publicity.. The Herald is one of the great
progressive dailies of the southwest, and El Paso is, of course, the natural
metropolis of this section. What builds up Lincoln county helps build up El
Paso, and The Herald is broad enough to recognise this mutual interest and
is certainly doing effective work to forward it. The practical thing to do to
show our appreciation is to keep these things in mind when subscribing for a
Men Held by the Military
Without Trial, Attorneys
Say, Is Illegal.
MAETIAL LAW CAN
NOT APPLY HERE
(No Condition Exists that
Agrees With Supreme
Art. X, Sec 8, Snb. 2, of the eon
stltatien ef the United States, says
that "only In cases of rebellkra or
Invasion, -irhen necessary for the
general welfare, skall the writ of
habeas eerpus be superseded."
The snpreme court ef the United
States decided in the ease ef ex. p.
MflHgan (4 Wall Z, 127) that when
elvil courts arc open and in tho
aaebstraeted exercise of their Jn
risdietiea, a military tribunal is
ivithsBt the necessary jsrisdietlea
to try civilians.''
Military authorities of the United
States are arresting Mexicans suspected
of connection with the revolution in
Mexico, even after they have been ac
quitted in the United States courts, and
are holding them prisoners without the
filing of any formal charge. Lawyers
of El Paso, among them the best known
men of the legal fraternity, declare the.
proceedings' "astounding" and without
precedent so far as they know. Attor
neys for the men arrested decline to
discuss the matter, but admit that the
prisoners will not be permitted to re
main in the custody of the military
without a test of the value of the
habeas corpus. The arrests have been
made by the officers under orders from
the president of the United States, act-
ing onder Art. 14, of the penal code of
the United States, generally knows as
"section 5287 of the statutes." This
"The district courts shall take
cognizance of all complaints, by
whomsoever instituted, in cases of
captures made within the waters
of the United States or within a
marine league of the coasts or
shores thereof. In every case in
which a vessel is fitted out and
armed or attempted to be fitted out
and armed or in which any mili
tary expedition or enterprise is be
gun or set on foot, contrary to the
provisions and prohibition of thii
title; and in every case in which
any process issuing out of any
court of the United States is dis
obeyed or resisted by any person
having the custody of any vessel of
war. cruiser, or other armed ves
sel of any foreign prince or state,
or of any colony, district, or peo
ple, or of any subjects or citizens
of any foreign prince or state, or
of any colony, district, or people,
it shall be lawful for the president,
or sucb other person as he shall
barve empowered for that purpose,
to employ such part of the land
or naval forces of the United States,
or Of the militia, thereof, for
the purpose of "'ng pos
session or ana detaining any
such vessel, with her prises, if
any. in order to the execution t
of the prohibitions and penalties of
this title, and to the restoring of
such prises in the eases in which
restoration shall be adjudged; and
also for the purpose of preventing
the carrying on of any such expe
dition or enterprise from the terri
tories or jurisdiction of the United
States against the territories or
dominions of any foreign prince or
state, or of any colony, district, or
people with whom the United States
are at peace."
Conflicts With Constitution.
Lawyers declare that tne statute un
der -which the man are being held can
not De legal, as it is in direct conflict
i with the constitution of the United
States, which provides that every man
shall have a fair trial by a court, ex
cept in such cases where martial law
President Lincoln, in 1861. suspended
the writ of habeas corpus by procla
mation, but chief Justice Taney, of the
circuit court of Maryland, declared that
congress alone had the right to suspend
the writ In 183 congress passed a
bill authorising the president to sus
pend the writ, but this authority, it
was held in cases arising under it, did
(Continued on page 3.)