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BTJ..E INTMOUN' ' AIN.
VOL. XXI. N. 263 B.TTE. DIOTANA. WEDPES EVENING. JANUARY 29, 1902. PRICE FIVE CENTS REVIEW O. COURT RINDINiS PRESENTED TO TIE PRESIDENT ADMIRAL SIdHLiY, THROVUGH HIS ATTOBRNYI, APPEALS TO CO MANDER-IN-OHIEF. COVERS EIGHT PRINTED PAGES He Asks That the Majority Findings of the Court of Inquiry Be Reviewed and Bases His Appeal Upon Admiral 'Dewey's Report--Wants Secretary Long's Approval Annulled. (By Associated Press.) Washington, Jan. 29.-The navy depart ment has made public Admiral Schley's appeal, delivered to the president about a week ago. The department's "comment" will be published in a day or two. Admiral Schley appeals to the president as the chief executive and commander-in-chief of the army and navy, "vested with jlbw er to regulate and direct the acts of the several executive oLr.ers thereof, and he asks that the president review the find ings of the court. He asks this on three grounds, in each case basing his appeal on the findings of Admiral Dewey as opposed to the ma jority report. These three grounds are set out com pcidiously in the "petition," which fills about eight printed pages of a pamphlet, and is signed by Admiral Schley and by Messrs. Rayner, Parker and Teague of his counsel. Attached to the petition are three ex hibits, "A," "B" and "C," each made up of copious extracts from the testimony taken by the court of inquiry. and in tended to confirm the statements of fact made in the opinion itself. Long Was in Error. In this latter document, the first ground of appeal is the holding of Sec retary Long in his indorsement on the court's findjngs that "the conduct of the court in making no finding and rendering no opinion on those questions( those of command and of credit for the victory), is approved-indeed, it could with pro priety, take no other course, evidence on these questions during the inquiry having been excluded by the court." On this point the petitioner says that the secretary of the navy was in error in stating that the court excluded testi mony to show that, as Dewey said, "Schley was the senior officer in the bat tle of Santiago, was in absolute com mand and entitled to the credit due for the glorious victory which resulted in the total destruction of the Spanish ships." Only Dewey Made Report. On this point the petition says: "And your petitioner, the applicant, be fore said court of inquiry, now files with the petition an argument, together with a resume of the testimony taken during the inquiry, insofar as it relates to the question as to who was in command at the battle of Santiago, in support of his plea that the presiding member of the said court acted within his authority and jurisdiction in reporting his opinion as hereinbefore set forth, and that the ma jority members of said court failed in the discharge of a most important duty devolving upon them under the precept, in that they did not report their opinion upon the said question." SCHLEY IN LOUISVILLE. His Arm Is Lame From Excessive Handshaking. (By Associated Press.) Louisville, Ky., Jan. 29.--With his arm still lame from yesterday's greetings, Admiral Schley today faced a throng at the board of trade public reception. The admiral stood at one end of the hall, by the side of Marion E. Taylor, president of the bIoard. As the people passed before the ad. miral, Mr. Taylor introduced them and to each the admiral gave a courteous greeting. After the reception, Admiral Schley took luncheon at the Pendennis club as '.he guest of Mr. Taylor, During the afternoon, Mrs. Taylor tdn dered a reception to Mrs. Schley. LOS ANGELES, CAL.-General Sulper Intendent Arthur G. Wells, of the Santa Fe, was appointed general manager of the Santa Fe system, with headquarters at Albuquerque, vice W. G, Nevlits, the appointment to take effect Febrtarey i. STORM IN K[NTICKY RAIN, SLEET AND SNOW VISIT TEE SOUTH TODAY. STREETS ARE MASS OF SLUSH Kentuckians Think It's Awful Cold When Thermometer Reaches 27 Degrees Above Zero-Telegraph Wires Are All Down. (By Associated Press.) Louisville, Jan. 29.-An unusually severe storm, mixed with sleet and rain, prevailed throughout the lower portion of the Ohio river valley thia mornIlng, and, as a result, traffic is delayed and telegraph service is badly crippled. The temperature here at 7 o'clock this morning was 27 degrees above zero, but it moderated rapidly and the streets soon became a mess of slugh. Nearly every train coming dnto this city arrivel from one to two hours late. The local weather bureau reports a fall of sleet and rain of 1% inches in 12 hours. Telegraph service south of Louisville is seriously interrupted. Snow in Omaha. Omaha, Jan. 29.-The snow storm which Ibegan yesterday continued all night ,and more snow is on the ground than for several years. The fall is gen eral over this state and Iowa, with a depth of seven inches In some places. Trains entering the city were all late. ON [XCLUSION BILL CALIFORNIAN CONCLUDES ARGYU MENT BEFORE COMMITTEE. MAKES NO CHANGE IN TRADE Mr. Idvernash Is of the Opinion That Sentiment Does Not Control Barter and Sale-Chinese Trade Has Not Decreased. ._ A (By Associated Press.) Washington, Jan. 29.--E. J. Livernash of San Francisco, today concluded his argument before the senate committee on immigration begun last Monday in behalf of the Chinese exclusion bill. He had never, he said, discovered after diligent search for information, any in timation that the trade between the United States and China had decreased on account of the attitude of this gov ernment on the exclusion question. In response to a question by Mr. Pen rose, he said that t'eu arguments ad vanced by the southern cotton producers that their trade with China would be ,severely crippled were not well founded because it had been proven that senti ment was not a controlling factor in trade. Answering a question by Mr. Penrose, he said that payments for the success full smuggling of a Chinaman Into the United States range from $50 to $500 or $1000, and in the case of a woman as high as $2500, where the object is to en gage her in immoral practices, SPURIOUS COINS GOVERNOR HUNT HAS ASKED FOR AN EXPERT. SOME CANNOT BE DETECTED Business Men Not Able to Tell the Good From the Bad and Are Afraid to Receive Any Silver. (By Associated Press.) San Juan, P. It., Jan. 29.-Governor Hunt has cabled to the treasury delpart ment at Washington asking that an-ex pert be sent here to settle the counter felt question at Ponce, where $3000 in bogus silver was recently seized) Business there is practicallly sus pended. The meri) ants of Ponce are refusing to accept any silver coins of the dates of 1888, 1899, 1900 rid 1901. The counterfeit dollars are poorly ex ecuted, but the alleged spurious halves and quarters defy detection, The chamber of commerce has resolved to accept all apparently good silver until the arrival of the treasury agents. Was Finally Rescued. (By Associated Press.) San Francisco, Cal., Jan. 29.-The schooner Mary E. Russ, which was blown ashore at Btorker's beach in the Golden Gate during the gale last night, was pulled froli her perilonu position and towed into port earlj this morning by the tug Defiance, COURT D[ENIt MOTION OI SURETY COMPANY 44444' * 4' 444',4,,, 4" '4.4444 44 444444 O (Special to Inter atomtaln.) V+ Helena, Jan. 20.--The supreme court ndtim denied the application of the O 4 Delaware Surety company and 'lntana Ore Purchasing comopany 4 O for the return of the $350,000 cash teLnd. m O The court made an order permitt.;g the Montana Ore Purchasing corn- 4 o pany to file a bond In lieu of the cati bcond. ® The sureties are to be passed upon by the clerk of the court. The order O O is as follows: "The motion of the defendant here.t and of the Delaware Surety com- 4 * pany for an order directing the retu rn of the sum of 1850,000 deposited 4 * by. the said surety company in the hioands of the clerk of this court, as a 9 O guarantee for the faithful performan's of the conditions of a certain 0 O bond filed hereti onder an order mac:. by this court Is denied, for the 4 4 reason that it is not made to appear to this court, that the conditions 4 4 under which the deposit was made hive all been fulfilled in this, that it 4 4 does not appear that the action under which the appeal to this court 4 4 arose and In connection with which the deposit was made, has been fin 4 ally determined in favor of the defen 'irnts, as was contemplated by the Cy order requiring the bond to be givcn, O "It is ordered that defendants may upon application to this court with O draw said deposit from the hnlldu of the clerk upon executing and filing 0 4 with the clerk a good and sufficient hond, or undertaking, for the full 4 * amount thereof, with two or ; urce .o.'l and sufficelnt sureties as was re- 4 O quired by the order heretofore mndehl: respect of this particular bond." 8 4 In case such bond or undertaking is given, the sureties must be ap- , 4 proved by the clerk. O 4 4' 4 6· 8 O$6 4 % 5 I t C LR1im ?g, 4,4 14 1 4*444444444 0 WOULD TAX ALL SCRI!T AND LI[N LANDS. Realty and improvement Committee Recommends Novel Rev enue Scheme to AssessorS' Convention-Railroad Ap praisement Causes Much Discussion. One of the most important recom mendations made by any of the com mittees of the Assessors' associeton Is one prepared by the committee on real estate and improvement and which was prsented at the meeting this afternoon. The committee reports that owing to the difference in land values and im provements throughout the state the assessment of real estate and improve ments be left to the Individual assessor. The committee then recommended that in view of the fact there was a large area of scrip and lien lands in the state from which the counties get no revenue, and that the said lands are sold, leased, fenced and monopolized by individuals and corporations, it be recommended that the lands be placed on the tax tolls and it be left to the courts of the state to decide as to the leg Jltt of the col lection of the taxes. All other matters were finally settled in the committees and the realing of the reports were begun shortly after 3 o'clock. Some debate is expected on the report of the live stock committee as a number of the biggst stock raising counties were not represented on the committee, and the assessors and the stockmen have opinions of their own as to a uniform assessment. C. IE. MARTIEN, Member of Committee on Mines and Mining. Visiting assessors were split up in dif ferent assemblies this morning owing to the various committee meetings that were held for the purpose of formulating reports. The most important meetings we're 'those of the Livestock committee, in the assessor's office, and the joint meeting with the chairmen of boards of counties in the commissioners' room at the courthouse. At the latter meeting Chairman Clark of the Silver Bow board moved the elec tion of J. F. Wegn'er of Lewis and Clarke county as ohairman, which was done. Chairman Wegner stated that the ob ject of the 'meeting was the discussion of the proper valuation of the railroads in the state and 'to come to an agreement to precent some definite plan to the state board of equalization and to Governor Toole. President Sullivan of the Assessors' as sociation said he understood the meet ing was called by the chairmen of boards of county commissioners, and that the assessors would like to have the chair men take 'the initiative. Chairman Clark of Silver Bow county said: "Every commissioner who has sat in an equalization meeting knows well that the railroads are not assessed in the same ratio as other property. Would Petition State Boa;l.. "At this time it Is for us the better. plan to petition the state board of equal-: ization to bring up the assessments of the railroads to a fair and equitable '1,.lis. I don't believe any tasessor in the state of Montana wants to be radical 11 this matter, 'but each and every one wants a fakr valuation of railr'oad prop on ty. And you all know that such a fair valuatlon of railroad property isn't being y ven now. "Here's a man working for a living who owns a little four or five-room cot tr~ge which it takes 27 stoves 'to heat t!is kind of weather, and he is asseesed $1ex. a room. The railroads are stocked for from $40,000 to $50,000 per mile, and tl,er assessment runs about $6000 or $-000 per mile. When the miner la pay '; a bli esee ament on .b4e property of t6ttpae 4t is pretty hard.:t see the other fellow getting off with such a small per crrtege. of value. "I am willing to Join In a petition to the state board of equalization asking that board to bring up the assessment of railloads ,to a fair and proper figure. I belaeve if the board wants to 'be unfair in this matter, It is within t'he power of the assessors of the different countles .to out down the valuations on the prop nlty under their control, and then where would the state be? I'm satdslled It rests with the board to equalize this matter of railroad assessmenta, and if the board doesn't do it, it rests with you to cut down other valuations, 'whkih will de prive the state of a big revenue and force the state board to put up the rail. bToad assessment. Railroad Valuation Unfair. "I don't believe any man Is prepared to say that the railroad valuatlr n 1.4 lfair. If the poor man is assessed 95 per cent, I don't see why the railroads can ol.Jat to a 765 per cent asiessmlent." lhalrmnen Cooper of ('as,:ade and Kel lI$rU of Deer ludge indorsed ('halrnmau Chairman Kelliher further suggested thtat a resolution be prepared to be put ,before the assessors this afternoon, to have a petition presented to the state 'board asking that the railroad assess ments be made to conforml to other prop erty assessments in the state. Chairman Alexander, of Rosebud, cug gelsted that more weight would be given to the petition if each county assensor and chairman of the cotluissltoners present separate petitions asking the hoard to fix the railroad assessment at a proper figure. The assessors were a little slow In ex pressing themselves and Chairman Clark, of Silver Bow, asked if the assessors were willing to join in the tmovement. Assessor Miller, of Deer Lodge county. --"I have always felt that we never got proper assessments on the railroads, hut we are powerless to change it ourselves. The proper way Is as proposed-to pI:tl lion the state board of equalization and to prepare an estimate of the full cash value of property in each cournty, and then ask the board to assess the rall roads on the samlle percentage we Uasses other property. "The railroads claim that tile money on hatnd in Mart'h is not assessed at twenty live per cent., but you all know that generally there is little money on hand In that month. But the railrottds have thousands of dollars In their depots throughout the state In March and notric' of this Is assessed or taxed." Assessor Larson, Teton county.--"I was present at the meeting of the state jboard last year and the board seemed rbo be at a loss to get the correct valua 'tlon in each pcounty. The railroad at torneys said the county valuations were low and that the railroads were assessed 'too high in proportion and for that rea on asked for a rebate. Wouldn't It be wvell for the assessors to make an esti rnute showing the figures In each county? '1 bave figured the railroad valuation In my county at from $80,000 to $50,000 per mile. I am not a railroad man, but I [do not think a valuation of $30,000 per .mle is execesslve." Chairman Clark, Sliver Bow, moved t)at a committee be appointed by the .'alr to draw up a resolution to be pre r (Continued on "Page Three.) PUPILS Of BUTT[ FUBLIC SCHOOLS CONTRIBUTE TO M'KINL[Y FUND WILLIAM M'KINLEY. 'he ocollection of money from the school children of BAtte for the MoKin ley memorial fund has been a. success. At 8 o'clqok this afternoon Clerk Rich. ards of the school board stated it t every child in Ithe Lncoln actool, In Went Broadway, depoettg4 hn *e aot leotion basket at the uadool bul)Gtag to day either a ntkel or dime, and ft can be takeo for granted th.t 'the pupils in the other temples of learning in the dit ti'ct did likewise. Some of those mat ,the Lincoln buIld ing offered as mudh as 25 cents, tobrt the principal refused to acoept no Imuch, say ing that 5 or 10 cents was as great an amount as would be received, and was all that was expected. Many Contributions. "llnc'oln has a baket of nickels and dimres so high," said Mr. Richards, rals in gone hiand about six ncheso from the table at which le was sitting when asked how the collections were progress ing. "We have not heard from any of the oiliher schools yet," the uontinued.. "but I presunle there has been no lack of slml. luar spirit tlrnong the PUpils there. "It is ia sure thing that, the call for dolnations from the little once ho.s iben ansrwered in a rarinner that will be a credit to niot only Inlit"t, but the state of Mliniana." Outside of the sc'hool.s, rniuny privater' donurtlons have been Inale, which, itddenl to the fund raised inr the sc'hriols, will swell tile total to a mlagnificent sum th.ct will be sent froml this qu'artr to4 the trleasurelr of the mnenlerla.i uºroulation. I'rar'tihally every member of the Inter Mountain force hal c.ontributed to til fund, and manry c.ntributnr's have called at the Inter Mountain office to pay Hub strantlal Itrllute to the late preiadent's mlolory. Among thoir awho called at the hlit,,' Moilunitain rftleln todaiy to conltribute to the fund wore Worth Almnon, Will Iravin and W. II. Itoberts. GOVERNOR TOOLE'S TRIBUTE. He Lays Beautifully oWrded Rhetor ical Wreath on McKinley's Grave. (Special to Inter Mountain.) Hlelena, Jun. 29.-.(loverlnor J. K. Toole was today asked for an expression of triblute to the late Lreslilent McKinley. he isal; Ho nluclrh Iha beenn saidl and wrtltiin In eulogy of the Illfe anld character of I'i'r.e ltrnt tlMcKinley, that I cannot hlpe to add anythllng to that splendid lnonurnent which the lpress, thei pulpit aind tlihe peo ple Irhave ,withi one accorid so (onhelel tLously aurd l,\inugly or' cLet to his nirlrN ory. It was mtny good fortune to krnow' hIiis pers'onally, and above all 'li' I a tprt'.ei ated the IsoUlndnI'ess of hlis Integrlty, the pullrity of his morale, the arnlablent.ess of hIls urbanity, the graces of his modlsty anti, generall y, the decorat llons paid umlnnitios of his life. T'o miy nlllll(, nlo president since the' rev olution has iell p?'orrl''ed whit llproblems more cuLitliiex or weighty than those whichi prsiHH.cd themselvesn ul)pon Wilmi for consideratlon and decision. In a government composed of many parties reflecting all shades of polltical opinion, it would be rernarktloe If his statesmanship should go unchallenged; but upon the sincerity of his purposes, the integrity of his motives, and the up rightness of his conduct as a citizen, s.l dier and official, there can tie hIi., one opinion, and that places him high upon the roll of exemplars worthy of all reinl latlon. These indispensable qualities no fully exemplified in his life are the 'or'tresses behind which 70,000,000 people, devoted to the constitution and laws, stand in solid phalant, and, whether jltying or defying the stupid assassin in his vain attempt to vertbhow government, are Instinct wLtht the patriotic sentiment of the poet, who xclaimed: '"Dhou, too, sail on, O ship of statel Sail on, O Union strong and great! •Umaallty with all its (ears, With all the hope of future years, Is hanging breathless on thy fatel We know what master laid thy keel. What workman wrought thy ribs of steel, Who made each mast and sail and rope,, What anvils rang, what hammers beat, In what a forge and what a heat Were shaped the anchors of thy hope!" Memorial Services Were Held. (By Associated Press.) Chicago, Jan. 29.-Chicagoans of all ranks and stations honored the name of William McKinley today, the aniiver sary of his birth. Flags throughout the city were rat half muast and iimemorial services were held In nimny churches, schools and G. A. R. canmps. All the city ofmcfis and the coullny courts were closed for the day. The selrvice' will culminate In ai meeting at Htudeblker hall tonight, und.r the naullsced of the IIemilton club, whrro Judge William it. Day of Ohio will tic the prin·tlipl elaker. Baltimore Observes the Day. (fly Acsoelat(l Press.) linltimolte, Md., Jan. 29.--While Mc Kinly !lay was not a legal hollday in Maryinrd, nileial exrclsoes were held to lay in the schools throughout tihe state, arnd the children were given an oppor tunity to cocilntrll,ute to tihe memorial fund. The school board of Haltimore city, for this occasion, re laxed its rule problhitlng the collction1i of money in the schools. Flags at Hait Mast. (lly AMsociat' d Press.) New York, Jani. 29.- lixerci'es In ob servanice of 'the birthlday of the late i'residlenit McKinley were hel in the pubilc schools today. F'lags were iloated on all public ibullllliics and several rleetings set for today, including one of the bIurd of rldermlern, were adjourned as a mark of respect to the late presl dent's imemory. Does Not Observe the Day. (ily Assoelaitel Prel .) (.'Incl lllnatlh (., Julnl 2). - The aLllnniver sary of the birthday of the late Presl dent McKinley has nro Ipublle, olcservance here todaly. The city alci counllty offices are open as utisual and ino drielnonstration of lhugsR Indicatedt hat the day is rememn he'red. In the lpubl' sc'hoals, however, while no unifolllrml'l order(' of exercise has been Ipres'crHbed, thile L 'clhor 's aHre pre entling t to tih, pupils I,',ns ll: 'romnl the I1ir of M(cKlllicy, cspj'~'cialy tho,,ce relat itg to liii boIyhood aicd youth. UNKNOWN MAN WAS FOUND IN MOLD OF MOLTEN STEEL. ": (fly Associated PLre-s.) 4 c'hciago, Jan. 29..--A horrible * ' death t', burning in a mold of * Snoltell steel was dilscovered today * "', it the works of the Illinois Steel 4 '<i co.ipany, In South Chliccgo, when 4 "1r workmalna , who went into the pig 4 Ir'oll room of the blast furriace , to remove cooling Iron, found the 4 4 body of an unknown man n burned n, beyond recognitlon. 4 It Is suppoed 'that the victim 4 " wars a workman .who went into the , 4' roim to get warm au I, bring over- 4 4? come by the heat, fell Into one of * c> the molds. 4 0 !+ I4?'O444"E G~7®