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EVERYBODY 10 PAGES READS IT. EVERYBODY 10 PAGES NEEDS IT. LAST3dEDITI0N. WEDNESDAY EVENING. TOPEKA. KANSAS, JULY 30, 1907. WEDNESDAY EVENING. TWO CENTS i F10YERJSHEARD. President of the "Western Fed eration of Miners Testifies on Behalf of the Hay wood Defense. EVIDENCE RULED OUT By Which Attorney Clarence Darrow Sought to Show That There Was a Plot Against the Miners Organization. Boise, July 10. Charles H. Moyer, president of the Western Federation of Miners and fellow defendant of William D. Haywood In the indict ment charging him with the mur der of Frank Steunenberg, wis sworn today as a witness in behalf of his comrade. He was called by the de fense this morning and was escorted into court by a deputy sheriff. He seemed quite self possessed and as he walked to the stand looked around the court room, apparently seeking a glimpse of his wife, who occupied an Inconspicuous chair behind one of the press tables. He displayed some nerv ousness as his examination began but within a few minutes was going very steadily in a recital of his connection with the Western Federation of Miners. During the review of the Coeur D'Alene strike of 1899. the witness said he was in sympathy with the strikers in their struggle and he never had any personal hostility toward Frank Steunenberg. In describing his duties Moyer de clared that they required that he be absent from Denver plotting ground cf the conspiracy alleged by the state more than half the time. Shortly before noon the witness en tered upon a lengthy examination as to the Cripple Creek strike of 1903-04. A 1 W V . Illllh'I MM A-V ...... When the Haywood trial opened this morning Senator Borah read the cross examination in the deposition of W. A. Abernathy, a contractor and former miner in the Coeur D'Alenes. who de clared he heard Harry Orchard say he would "get" Governor Steunenberg some time. This was the last of the depositions which had occupied the court since Monday. When the reading of the depositions was concluded John L. Tierney. a newspaper correspondent of Denver, -was called by the defense. He testified regarding the political situation in Col orado in 1904 and 1905. when it was alleged attempts were made on the life of Governor Peabody ar4 Sttjme Court Justices Goddard and Gabbert. Tieniev said he was a candidate for the legislature in 1904. Asked if he was elected on the face of the returns but not allowed to take his seat, there was an objection from the state and the witness was not allowed to reply. Tier ney next was asked what the public feeling in the city of Denver was as against Governor Peabody and the su pieme court in 1904 and 1905. Again there came an objection from the state and a long argument ensued. Mr. Darrow declared it was the pur pose of the defense to show that there were others whose feelings and motives were stronger than any that could be charged against the Western Federa- j tion of Miners. "Are you going to show that some body other than Orchard committed the crimes?" queried Judge Wood. Would Xot Rob Orchard. "No, your honor." replied Darrow. "we will presume that Orchard did those things, but we propose to show that he was acting as agent for those who must have had a stronger feeling than the Western Federation of Miners. We propose to show that these defend ants had absolutely nothing to do with Orchard in connection with these inci dents. We want to show motive pure and simple. We want to show that emong a great class of people in the city of Denver was a feeling infinitely stronger than has been charged against the Western Federation of Miners as a result of the eight hour decision." Senator Boiah started to . reply to Mr. Darrow when Judge Wood inter rupted, saying it was not necessary to take up any more time. "The court is satisfied," he said, "that this testimony on the statement of counsel, is not admissible." Mr. Darrow here, said he desired to go Into the matter in detail and state facts expected to. be proved by the wit ness. The jury was sent out of the room while the argument proceeded. Mr. Darrow then went at length into '.the matter of the Peabody-Adams gubernatorial contest and the attempt to unseat Democratic members of the legislature. Judges of the supreme court elected a? Populists and Demo crats sided wiih the Republicans, he declared, and the feeling grew so strong that flags were displayed at half mast and nooses hung in windows, for the supreme court. Senator Borah entered formal objec tion to any such testimony on the ground that it had no connection with the case ap it would simply establish threats by these parties and by hear say evidence. The objection was sus tained, Tierney left the stand and the Jury returned to the room. Moyer Is Called. Charles H. Moyer was then called to the stand. Mis. Moyer was in the court room when her husband took the stand. She occupied a seat inside the railing and Immediately behind coun sel for the state. She was dressed in white. Her sister sat beside her. Af ter being escorted to the witness chair by a bailiff and sworn, Moyer was questioned by Attorney Darrow as to tome of the details of his early life. He said he had been a miner since 1S88. He joined the Western Federation of Miners in 1S97 and was first elected president in June. 1902, having been re-elected annually since that. Moyer said he had worked in a smelter for three years and a half of his life. He first came into promin ence in the national organization of the federation in 1899. when at the Salt Lake convention he was elected a member of the executive board un der President Ed Boyce. For nine months prior to his election as presi dent Moyer acted as an organizer for the union. He first met William D. Haywood at the- 1900 convention in Denver. Haywood was chosen secretary-treasurer in 1901. The witness Mid he was an Ofld Fellow and also a member of the Ancient Order of Lnited Workmen, having been in the latter organization for eight years. Mr. Darrow here had witness identify a copy of the constitution of the West ern Federation of Miners and offered in evidence. There was no objection from the state. It was announced that the reading could be deferred. Mr. Moyer said that as president no bond was required of him, but that Hay wood, secretary-treasurer was under a bond of $30,000. Away Much of the Time. The witness declared that his duties as president of the organization re quired his absence from headquarters a greater part of the time. The territory covered by the West ern Federation extends from Michigan to the Pacific coast and from Alaska to Mexico. There were 22,000 mem bers of the federation when Moyer was elected. When he was arrested more than a year ago, there were more than 30.000 members and ac cording to this year's report there are more tnan 40,000. -ow, air. Aioyer, during vour terms as president what had been the custom of the organization toward defending members of the union who had been charged with crime grow ing out of their connection with the union or where the federation has been involved?" asked Mr. Darrow. "It has been the rule of the organi zation always to protect its members and the interest of the organization where attacks have been made against them." Moyer spoke with absolute self possession. He seemed to weigh every word of his answers. Has the organization had to defend its members quite often?" "Yes." "And have there been many convic tions?" "Very few. considering the number who have had charges placed against them." "Where were you in 1899 during the Coeur D'Alene troubles?" "In the Black Hills of South Dako ta." Member of Executive Board. Moyer said he did not become a mem ber of the executive board until the June following their troubles. He had nothing to do with the management of the strike or no interest in it. other than as a member of the organization a long distance from the scene of the troubles. After becoming a member of the executive board he had to vote on matters concerning the latter part of tne strike. "Were you in sympathy with the men In the Coeur D'Alenes?" "I was, yes, sir." "Did you ever know Gov. Steunen berg?" "No. sir." "Ever see him?" "No, sir." "Did you ever entertain any personal hostility toward him?" "No, sir." "You had the same feeling that other members of the organization had?" I can not say that I felt the same as the men who were actually in the troubles. I was at some distance and could not feel as strongly as they did." Mr. Darrow then took the witness to the Cripple Creek district of Colo rado. Tin strike started at Colorado City In February, 1903. The men in the Corrrrsnlir-CItT "Trrtne5rMrrre-rsaid, desired to organize end affiliate with the Western Federation of . Miners. Thir right to do so was contested by the employers and many of the men wre discharged The state militia was called out almost as soon as the strike was inaugurated and despite that fact, the witness declared, there was no disorder. Many citizens pro tested against the presence of the sol diers. Strike Spread. The strike extended to Cripple Creek In August. 1903, the men were going out in support of the Colorado ; City mil! men. Practically all the ore mined in Cripple Creek was shipped to Colorado City for treatment in the mills there. The mine owners had first been requested not to send their ore to Colorado City. The Portland mine, the largest In the district, sided with the union and milled its own ore. The strike spread to Telluride in Sep tember. 1903, the mill men there go ing out for an eight hour day. An eight hour law was passed in 1899 but was declared unconstitutional. A constitutional amendment providing an eight hour law was voted upon and adopted at the general election in 1903. but the legislature which fol lowed refused to enact such a law be cause of the opposition of the mine owners. Soon after the strike was called at Cripple Creek, Moyer said he and Haywood went there to address the miners at a picnic in Pinacle park. I addressed the men as to my opinion how the strike should be con ducted. I went into details as to the cause of the strike and urged the men to be careful about any acts of vio lence, or anv acts which might be charged against them and used against the organization." said Moyer. The troops went into the Cripple Creek district September 4. 1903. "What was the condition as to peace and quiet at the time?" asked Mr. Dar row. The state objected to this as a conclusion of the witness. The question was finally allowed and Moyer declared the men were going peaceably about their business and there was no disor der. "How long did the strike In Cripple Creek continue " Same Old Strike. "It is still in progress there." Moyer said he first met Steve Adams at the Pinnacle park picnic. Adams was serv ing lemonade, ice cream and soft drinks at a refreshment stand which the union had set up. The witness was introduced by some one standing near; he could not remember Just who it was. "When did you first meet Harry Or chard ?" "In January. 1904, at headquarters of the Western Federation of Miners." "How do you recall this?" "There was a convention called by the state federation of labor a general meeting of wage earners. Orchard was a delegate from Cripple Creek represent ing the Altman Miners' union. I called a meeting of the representatives of our local unions at my office. Orchard was among the 20 or more men who respond ed. I don't think I had any personal conversation with him." "Did you see him in your office in De cember, 1903?" "No, sir." "Did he come Into your office Decem ber 1. 1903. and tell you he had blown up the Vindicator mine and did you pat mm on tne Dack and tell him he had done a good job and give him $400?" "No, sir," replied Moyer positively. "I never saw the man until January. 1904." "Did you have such a conversation with him at any time?" I did not." Moyer said he was In Joplin. Mo., at the time of the Vindicator mine ex- HE SAID GOOD BY. Emmett Dalton Submits to an Operation This Morning. Joked With Doctors Before An esthetic Was Administered. TOOK OYER AS HOUK. Surgeons Say He Will Recoyer Use of Arm. Mother Failed to Arrive as He Had Hoped. "Goodby, boys, if I don't see you again in this world I will In the next," were the last words of ex-Bandit Em mett Dalton as he succumbed to the ether administered previous to an oper ation performed at Bethesda hospital this morning by Dr. John Outland, who is attempting to save thi -Ight arm which was shattered by a Winchester ball during the raid on the Coffeyville bank in October, 1892. Dalton is under a sentence of death for his part in the affray which cost the lives of two of his brothers and their pals as well as several Coffeyville citizens, and was paroled from the state penitentiary for four months so that he could enter a hospital for the op eration which was performed this morning. Necrosis of the bone set in about 18 months ago, though it had not troubled him for the past ten years. It was the intention of Dalton to have the operation performed in Kansas City but he changed his mind and came to I Topeka Saturday and Monday entered Bethesda hospital to prepare for the operation which took place this morn ing. He did not dread it as most pati ents would but was anxious to get It over with. He walked Into the operation room at a quarter of 9 this morning and af ter Joking with the attending physi cians climbed up on the operating ta ble and prepared for the ether. There was not a bobble and a few moments later he drifted out into the unknown world and for an hour and ten minutes Dr. Outland, alternately chiseled, scrap ed and cut in his attempt to remove the diseased portion of the bone. There is but little doubt but the op eration will prove a success is the opin ion of Dr. Outland and Doctors Ernest and Powell who assisted In the opera tion, though It is barely possible that another slight operation may be neces sary later on to remove small portions of diseased bone that have been over looked. Two incisions were made In the arm between , the elbow and shoulder and several pus cavities and particles of necrosed bone remsved. Neither of the joints at the elbow or shoulder were affected and It is more than likely that Dalton will not only re cover the use of his arm, but his fin gers as well and that in time the arm will be as strong as before It was in jured. . The mark of the rifle ball could be plainly seen and the wonder Is that the present trouble has been averted as long as it has. About half of the bone was chiseled away ror a space of three inches and this cavity will have to be filled with a new growth of bone before the arm will be of use. Dalton had dreaded the operation more from the fact that the surgeons insisted on administering an anesthet ic than fro mthe operation itself, but submitted when told that the opera tion would be a long one and an anes thetic necessary. He was cool and collected and asked Dr. Outland to keep him under the influence of the anesthetic as long as necessary to make a good job of the operation. "Don't hurry the affair," he said, "for I can wait and I want a thorough job made of it." It was expected that Mrs. Dalton of Kingfisher, Okla.. mother of patient, would arrive in time for the operation but she was delayed and Dalton took a philosophical view of the matter and insisted on the operation taking place this morning as it had been ar ranged. He readily recovered from the effects of the anesthetic, though as he expressed it, his tongue was thick for awhile, though he was not sick, as is often the case. plosion and first read of It in the Kan sas City papers. The witness went to Cripple Creek in February, 1904. to attend the trials of the members of the federation who were charged with attempting to wreck a train on the Florence & Cripple Creek railway. He saw Orchard there many times at the trial. Orchard seemed anxious to do what he could to help in preparing the case and did a great deal. "Did you ever meet Harry Orchard In Victor and give him $100 for his good work at the Vindicator mine?" "No, sir. "Did you ever give him $100 at any time or place? To the best of my recollection," re plied Moyer deliberately, "I never gave Orchard any money for any crime or for any other purpose. No Money for Crime. "Well, did you ever give any money for any crime? "No." "Or know of his getting any money from the organization for any crime or any criminal act?" No, sir. "Did you say in the train wrecking case that you wanted no mention made of the 'Pettibone dope?" "I had never heard of such a thing at that time." The next time the witness saw Or chard was in 1904. Moyer detailed his trip to Ouray. Col., with Orchard in 1904. He said Orchard was going there to get work and Moyer suggested that they travel together. This for self protection be cause of attacks on members of the organization. He described their ar rangements for carrying revolvers and sawed off shotruns, which he said were secured by Pettibone. Orchard, Moyer said, bought his own ticket, but Moyer paid his expenses and hotel bill. Court adjourned for luncheon at 11:58 a. m. with Moyer still on the stand. Weather Indications. Chicago, July 10. Forecast for Kan sas: Showers tonight; Thursday fair in west, showers in east portion. . . TRUST WAR OPENS Bonaparte's New Plan of Attack Is Inaugurated. Petition Against ihe Tobacco Combine Is Filed. WIDE IX ITS SCOPE About 60 Companies and 29 Individuals Included. juetaus 01 organization and Operation Are Set Forth.' New York, July ; 10. The govern ment today filed in the United States circuit court in this city a petition against the American Tobacco com pany, the Imperial Tobacco company the British-American Tobacco com pany. the American' Snuff company, the American Cigar company, the United Cigar Stores company, the American Stogie company, the Mac Andrews & Forbes company, the Con ley-Foil company and fifty-six other corporations and twenty-nine Individ uals conected with." the; named com panies. These corporations and indi- uals connected with the named com known as the "Tobacco. Trust" and the petition directed against them sets forth the purpose ol the' government to dissolve this trust by breaking up the agreements under which the con solidated concerns are working. In showing the growth of the "trust' since its organization in 1890, the con clusion is reached that at an early day unless prevented, it would completely monopolize the entire tobacco in dustry. That all of the defendants are en gaged in interstate and foreign trade and commerce in tobacco and products manufactured therefrom is alleged by the petition. It is stated that the act of July 2. 1890.' "to protect trade and commerce and subsequent acts have been violated and the government therefore seeks to prevent and re strain the unlawful existing agree ments, combinations and -conspiracies and attempts to monopolize, and break up perfected monopolies. The govern ment asks that the existing combina tions, conspiracies and monopolies be enjoined and that each of the defend ant companies be" restrained from holding or controlling stock in any other. It is asked further that the Imperial Tobacco company be enjoin ed from doing business within the jur isdiction of the United States until it shall cease to observe the terms of its agreement with American companies; that certain of the defendants be de clared combinations in ' restraint of trade and be enjoined from engaging in interstate nds foreign trade and commerce or that a receiver be ap pointed to take chargeof .their affairs and administer them so as to bring about conditions in harmony with the law. History of the Trust. M The organization of the tobacco trust. according to the petition, dates from the formation of the American Tobacco company in 1890 to acquire five com peting cigarette manufactories wttn joint assets much less than $25,000,000 and an annual consumption oi lear un der 15 million pounds. The petition shows the subsequent history, develop ment and growth of that company until its total assets now exceed $275,000,000 and likewise the origin and manipula tlon of scores of created, acquired and controlled corporations utilized as agen cies to accomplish the general design; the progressive absorption and elimina tion of competitors and destruction of formidable opposition; and the entry by defendants into various departments of manufacture and trade, domestic and foreign, into tobacco products with in tent to monopolize. The allegation is made that the mem bers of the combination have divided up the tobacco business of the world, as signing to each some special territory for unmolested exploitation, it is declared that the consolidated corporations an nually purchase 475 million pounds of domestic leaf and of the total produced in the United States manufacture, sell and distribute more than 280 million pounds, 80 per cent, of the smoking and plug-tobaccos; 95 per cent of the snuff; 80 per cent of the-cigarettes; 75 per cent of the small cigars; 95 per cent of the licorice products; 80 per cent of the tin foil products and 10 to 15 per cent of the cigars and stogies; that they are rapid ly acquiring control of the ordinary agencies Jobbers, wholesalers and re tailers through which tobacco products are distributed. Of the total annual production of do mestic tobacco, estimated at 800,000,000 pounds. 75 per cent is purchased by the American Tobacco company and its as sociates and Its allies at prices which the government alleges to be unlawfully influenced by the combination. It is said that this is in defiance of the usual laws of trade where open competition by many separate and independent con cerns controls the prices. Began With Cigarettes. The petition continues: "The American Tobacco company of New Jersey, organized in 1890, with $25, 000,000 capital, took over the business of Allen & Ginter of Richmond; W. Duke Sons & Co., of North Carolina; Kinney Tobacco company, W. S. Kim ball & Co., and Goodwin & Co., of New York, and thereby acquired control of the manufacture, trade and commerce In cigarettes. It was immediately success ful and shortly after its formation the interested parties began to extend its operations and witn otners united from time to time have steadily sought through it to acquire dominant power and to monopolize the different branch es of the tobacco industry. This com pany has the principal agency through which the designs of the combination have been accomplished, but many dif ferent corporations have been organiz ed, the control of many others has been secured and in various ways these have been manipulated and utilized. "The operations of the monopoly, ac cording to the petition have been along this general plan: xo acquire through other confederated companies the bus iness of successful opponents, taking from owners and managers power thereafter to engage in the tobacco business: to drive out other opponents by destructive competition; to deter any who might wisn to engage in the trade; and finally to gain- control of the a&rencies through which tobacco nrod- ucts were distributed. It is said these CContlnued on Page Eight.) BONDS ARE GOOD. Attorney General Jackson's Opinion on Drainage District. Proceedings of North Topeka Board Regular. NOW UP TO THE COURT The People Hope for an Early Compromise. Making Beady to Begin the Actual Work. Attorney General Fred S. on Tuesday gave an opinion Jackson to the North Topeka drainage commission ers which sustains the validity of the drainge bond proceedings. As soon as the United States court sustains the validity of the law, the North Topeka board will be ready to go ahead and sell its bonds. General Jackson said in his opin ion: To the Board of Directors of the North Topeka Drainage District: "Gentlemen This is to certify that I have carefully examined the pro ceedings relative to the issuance of drainage bends by your district, and find that the same are regular and in substantial compliance with the re quirements of the statutes of Kansas relative to the issuance of such bonds. "Very truly yours. "F. S. JACKSON, "Attorney General." T. M. James of North Topeka, one of the people who has been most ac tive in the drainage board work, said today: "From the friendliness of the court indicated in the proposed compromise between the attorneys for the railway corporations and the Kansas City, Kan., drainage board, and the proba bility of an early conclusion and agreement between them on all mat ters of difference, the North Topeka drainage board has taken occasion to get in readiness for work and the sale of- their bonds, and has procured an opinion from the attorney general sus taining the proceedings thus far." L G. COOLEY THE MAN. Head of Chicago Schools to Be Prest - - dent of N. E. A. Los Angeles, Cal., July 10. E. G. Cooley, superintendent of the Chicago city schools, was nominated for presi dent of the National Educational as sociation last night by unanimous voti in the nominating committee. No other names were presented. This means he will be unanimously chosen by the con vention. Todav was the- most Important in the convention of the National Educational assciatlon. The election of national officers,, the adoption or rejection of the charter' granted by act of congress and of proposed by-laws with amendments. and several other highly important mat ters were scheduled for today's busi ness session of active members in Beeran hall. - .. The nominating committee met at 9 o'clock. This committee, named by President Schaeffer, consisted of 36 mem bers. Fourteen of the different states did not ask for representation on the committee because of their having only associate and honorary members in at tendance upon the convention. The fol lowing states were not represented on the committee: Oklahoma, Georgia, Louisiana, Maine, Massachusetts, New Hampshire. Utah, North Carolina, Rhode Island, Virginia, Wrest Virginia, Wyoming and Vermont. Joseph Swain of Pennsylvania was named chairman of the committee. The convention was programmed to assemble and receive the report of the nominat ing committee at noon today. The un animous nomination and election of Ed win G. Cooley, superintendent of the city schools of Chicago to succeed retir- ng President Natnan scnarrer oi Pennsylvania has been conceded since Monday. Mr. Schaeffer becomes first vice president and a member of the board of directors. ANOTHER WOMAN. Sister of Mrs. Carter Believed to Have Part Hun an Money. Chicago, July 10. Florence Wood alias Florence Moore, tne sister or jmts. Laura H. Carter, who betrayed Chester B. Runyan, the defaulting teller of the Windsor Trust company or New York. todav declared that she is willing to return to New York without extradition nroceedines. Miss Wood is believed by the New York nolice to have received more than $20,000 of the money said to have been taken by Kunyan. in ner possession hen arrested last mgnt were iouna 280, six bank books and-five safety de posit keys. CONVICTS LOVE POTATOES. Will Raise About 6.000 Bushels on Federal Prison Farm. Leavenworth. Kan., July 10. The federal prison farm is producing some fine potatoes. There are fifty acres devoted to this crop and will yield about one hundred and twenty-five bushels per acre. They are of the "Red River Early Ohio" variety. This vear's crop will supply the prison for a year. Last year about 6,000 bushels of potatoes were eaten by the con victs. Digging the .crop will begin next month. The first cutting of alfalfa on the ten acre field at the federal prison farm began yesterday. The alfalfa was sown this year and the first crop will be light, averaging about one ton to the acre. Wants $1,000 for Injured Ankle. Columbus, July 10. Suit for the re covery of damages in the sum of $1, 000 has been filed in the Galena branch of the district court " by attorneys for Payton York, of Columbus, against the city of Columbus. The nature of the Injury according to the petition, was a badly sprained ankle. JUST A TRACE OF RAIN. StiU There Is a Promise That More Is Coming. There was just a trace of rain some time during the night and another a few minutes after noon today though the precipitation was so slight that it was not measured by the weather bu reau but registered as a trace. There has been a decided change in the temperature during the past 24 hours and that for the better if a lower temperature than has prevailed for the past week is to be so considered. There has been an 8 mile-an-hour wind blowing from the south most of the day but there has been but little sunshine and that in streaks where the clouds have failed to overlap. There is every Indication of rain for this part of the state today and the forecast says that the same conditions will prevail tomorrow. The tempera tures today have been at least ten de grees lower than they were the pre ceding 24 hours and the change is a welcome one. The temperatures for today were: 7 o'clock 72 11 o'clock 75 8 o'clock 73 12 o'clock 76 9 o'clock 73 1 o'clock 80 10 o'clock 75 2 o'clock 80 INDIGTSSANTA FE. United States Grand Jury Finds a True Bill. It Contains 65 Counts on Charge of Rebating. Chicago, July 10. An indictment charging the Atchison, Topeka & Santa Fe railway with granting rebates amounting to $12,000 to the United States Sugar Beet company of Garden City, Kan..' was returned today by the grand jury In the United States district court. The indictment contains 65 counts, each one relating to an alleged infringement of the law and the com pany if convicted is subject to a maxi mum fine of $1,300,000 or a minimum fine of $65,000. The rebates are said to have been granted by the Santa Fe railway while the sugar refinery was being erected at Garden City, In 1905 and 1906, on shipments of building ma terial, the freight on which amounted to $100,000. It is alleged that the railroad had agreed to return $35,000 of the $100,000 but that only $12,000 had been paid when complaints were heard from other shippers and the government commenced an investiga tion. It is alleged by the government officials that the officers of the railway have admitted that $12,000 was paid, but it Is maintained by the railway that the money constituted a bonus to encourage the building of the sugar refinery on a site adjoining the rail road and was not given as a rebate nor as a discrimination against other ship pers. STRIKE MUST GO ON. Last Hope of Agreement in Telegraph Trouble Has Disappeared. San Francisco", July 10. Indications are that the telegraphers' strike will spread and that the next walkout of operators will take place in some large eastern center. A committee of Western Union operators called upen I. M. Miller, jr., assistant general superintendent of the Western Union Telegraph company for the purpose of discussing grievances. The committee was met by Chief Op erator H. J. Jeffs, who read a note con veying what Miller had to say to a com mittee which was as follows: "Mr. Miller declines to meet such a committee, but is willing to extend a courteous hearing to each operator now out on strike and will consider favorably the reinstatement of any and all who come to him, giving assurance of their personal desire to be reinstated in their positions, -the same as they were before the strike was called. But he reserves the right to refuse to receive or reinstate any one to his position who is undesira ble and that matter must be absolutely left to his judgment as assistant gen eral superintendent." After the result of the meeting was made known to President S. J. Small of the Commercial Telegraphers' union he sent a telegram to President Roose velt, claiming that every honorable means had been exhausted to secure an adjustment and that he had no hope of a settlement without an extensive strike; that in answer to the demands of the telegraphers throughout the country, that the strike be made general,he would leave for Chicago today. It was an nounced yesterday that U. S. Labor Commissioner Neill would leave Chi cago for this city to investigate the local trouble. Small telegraphed Secretary Russell of Chicago to wire Commissioner Neill that if he desired to see him that he would be in Chicago Sunday. President Small also sent a telegram to H. B. Perham of St. Louis, president of the Railway Telegraphers, to meet him next Sunday in Chicago if possible to confer with him. TO FIX ELECTION DATE. Oklahoma Constitutional Convention Assembles for Final Session. Guthrie, Okla., July 10. The conven tion that early this year drafted a con stitution for the proposed new state of Oklahoma, reconvened here today after a two months' recess. The convention had previously set August 6 as the date upon which the document should be submitted to the vote of the people for ratification or rejectioi, but in light of later developments this date was an nulled. The present work of the con vention will be to set a new election date to finish up a good deal of minor work and to adjourn sine die. The final adjournment is expected with ten days. After the convention has adjourned, the Republican state committee will is sue a call for a state convention to name a full set of officers. The Republican gathering had been called to meet at Tulsa, July 12, but later it was deter mined to cancel this date and wait un til the constitution finished its work be fore meeting. The Democrats have al ready named their county,, state, con gressional and senatorial tickets. MAKES JOR WAR Little Peace Talk Is Heard at The Hague Conference. United States and Japan' Are Centers of Interest. SITUATION STKAINED. Some Pointed Notes Reach Washington from Tokio. We Must Go to Europe to Learn the News. London, July 10. The correspondent of the Dally Telegraph at The Hague sends in a column dispatch which pur ports to reflect the views prevailing there on the Japanese-American situa tion which he declares to be more ab sorbing than the conference itself. The correspondent says that as a result of his inquiries he learns the situation is really strained, although both govern ments are trying to conceal the fact. He asserts that since June 20 the ques tion has entered upon an acute phase. Japan has been aemlins tha TTnltAri States extremely categorical notes stating without bitterness but in the clearest terms the dilemma that unless Washington is able to control Califor nia, Japan will consider herself free to act directly against California. Noth ing, however, yet has been exchanged precluding a pacific settlement but many of the Japanese at The Hague are of the opinion that the Japan gov ernment ought to act without delay and not give American time to utilize her vast resources and economic potentiali ty, a hundred fold greater than Jap an's to perfect warlike preparations. In an editorial article the Telegraph says it does not identify itself with the statements of its correspondent at The Hague oeueving them to be charged with undue despondency. At the same time the paper continues, they are made upon a notable authority and they can not be read without profound uneasi ness, 'ine lelegraph Is convinced, how ever, that the statesmanship of both countries will be stiong enough and the instinct of the two great nations are enough to hold mad chauvinism in leash. "Nevertheless," the paper declares, "it Is impossible to deny the danger of the situation. The present peace conference from its opening has created disagreement and friction tending to make worse instead of im prove the relations of the powers. The last assembly at The Hague was fol lowed by great conflicts; we can only pray that the present one may not be succeeded by more terrible calami ties." , In conclusion after a tull discussion . of the points of difference the Tele graph declares it Is not a fcolor ques- 1 tion but fundamentally an economic question. It says further: "We trust our allies will take It at that and realize the point of national honor has been accidentally caught up ' with the problem, but is not perma nently involved In It. Any attempt to settle the question by arms whatever the immediate issue, would mean sooner or later, a hundred years' con flict." In Case of War. Des Moines, la., July 10. Neither Japan or the United States want a war at this time, said Congressman Hull, chairman of the house committee on military affairs this morning. There is a big element in Japan who wel come war. but the ruling classes are too wise to pick a quarrel with the union. "If there Is war we will at first lose the Philippines and the Hawaiian islands, but we would triumph in the end for the United States would build warships and fight out a victory. "We are the only nation which cm conduct a war and get rich at tho same time." WIH Take It Back. Tokio July 10. The Hochl will to morrow withdraw the Interview with Admiral Sakamoto. The latter wai quoted as saying that American naval officers were brilliant social figures but deficient in professional training and practice and that the crews of Ameri can ships would retreat rather than fight Japan. Simultanously with the withdrawal of this Interview, the Hochl will pub lish an anonymous interview with a . Japanese naval expert, highly eulo gistic of the efficiency of the present navy and the high standard of its . gunnery. Denied by Both. Washington, July 10. From the stnte department and from the Japanese em bassy here came swift and conclusive denial today of the accuracy of the statement cabled from The Hague to the London Daily Telegraph and re printed In this country to the effect that Japan has made categorical de mands upon the United States govern ment for satisfaction in connection with the treatment of Japanese In San Francisco and has served notice of her Intention to deal with the Callfornlans herself If the national government falls to do so. At the state department. It is said, that the American public is fully aware of the nature of all the exchanges that have taken place on this subject; that there has been no correspondence of re cent date and that there are no ne gotiations In progress between the two governments. This statement is fully confirmed at the Japanese embassy where, moreover it Is positively stated that Ambassador Aokl Is not going to Japan next fall as was reported in a Japanese newspaper. 1 BEGINS WITH "MESSIAH'! International Convention of Christian Endeavor Opens at Seattle. Seattle, Wash., July 10. With hun dreds of delegates already in the city and with more due tomorrow, the twenty-third annual international convention of the Christian Endeavor began in this city last night. . Delegates from every state in the union and from many for eign countries are in attendance. The convention was ushered in with the presentation of Handel's Messiah. Eight thousand persons packed the im mense tent erected for the convention to listen ta the rendition of the famous oratorio.