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THE BUTTE INTER 1MOUNTAIN
NO. 148 WEATHER O T. BUTE, MONTANA, TURSDAY N , SI , 1902. WEATHER-FAIR, WARMER. PRICE FIVE CEN VOL XXII NO. t48 WEATHER ORECA.VT. BUTTE, MONTANA, THURSDAY EVI'NING, SEIT'IEMRII,;ii tt, r902. WEATHER--FAIR, WARMER. PRICE FIVE CENTS . . . . •- - . . . . ,-- . . . . . . . . . . . . ... . . . . . . . . .. . ... . . . . .. . CITY OFFICIALS IN JAIL UPON ORDER FROM COURTS Mayor Davey, Chief Reynolds Judge Boyle and Attor ney Lamb Arrested. FOUR POLICEMEN ALSO TAKEN ON WARRANT Climax Comes in Trouble Over Pool Selling in This City-Judge Clancy Charges Officials With Contempt and They Are Held on Bonds of $300 Each-Hearing Is Set for September 20-Review of the Case in Question. Mayor William H. Davey. Chief of Po lice James Reynolds, Judge Thomas Boyle, City Attorney Lamb and four police offi cers were arrested this morning on war rants issued out of Judge Clancy's court, charging them with contempt. Their bonds were fixed at $3oo each to insure their appearance in the district court Sep tember so, when they will try to show cause why they should not be placed in the county jail for ignoring Judge Has ney's orders. The arrest of the city officials forms an interesting chapter in the fight be tween the county and city over the ques tion of the right to sell pools on horse racing. The fight dates back to a meet ing of the city council several months ago, at which an effort was made to pass an ordinance which would have the effect of closing the poolrooms in operation at the time. Some of the aldermen opposed the measure on the ground that the Montana Jockey club was hack of it and that the race track officials merely wanted the pool rooms closed during the race meeting. The result of the argument was that an ordinance was passed prohibiting pool selling within the city limits. This ordi nance went into elTect two weeks ago, at which time Sam Martin closed his pool roonm. In Open Violation of Law. The city attorney held that the Montana Jockey club was running in open violation of the ordinance and that while the races were run outside of the city limits, the club was violating the state law prohibit ing pool selling. The city officers arrest ed the track officials, but Judge Harney issued an injunction restraining the city from further interference with the races. All this time the county officials were active. County Attorney Breen thought tile city was going too far in arresting the officers of the jockey club. He took the ground that if the club was violating the state law, it was his duty to make the arrests and not the city attorney's. He also held that pool selling and book making were two different things and that the Montana Jockey club had a perfect right to carry on the race meet. Sam Martin, proprietor of the Exchange club poolroom, was arrested on warrants issued out of different justice courts sev eral times on the charge of conducting a poolroom in violation of the statutes. Although arrested repeatedly and warned to shut up his poolroom Martin continued to run, and the city officials positively refused to molest him. Swooped Down on Track. This was the state of affairs when the big race meet of the Montana Jockey club closed September i. After the close of the meet racing continued on a small scale and in addition pools have been sold each day at the track on Eastern and California races. After waiting a few days to gather evi dence, Officers Barney McGillic, Hender son, Sullivan and Young swooped down on the race track and arrested Ed. C. Sachs and several other men who were engaged in operating the pools at the time. The men were brought to town in the patrol wagon and were required to give bond in the sum of $3oo each. To say Sachs was wrathy is putting it mildly. He at once started on the war path. He declared he represented the Montana Jockey club and that the city had Continued on Page Four.) iUMANE OFFICER ENTERS PROTEST AND AFTER DUE DISCUSSION DRIVER OF SIX-HORSE TEAM DECIDES TO SHOE BEAST. Humane Officer W. Carnes had occasion to exercise his authority this morning at the corner of Main and Broadway. He was standing at the corner when one of Murphy's six-horse ore teams camne by driven by Abe Smith. Mr. Carnes noticed that one of the horses limped badly, and, on closer examination, found the animal to be unshod. "Why don't you have that horse shod ?" asked the humane officer of the driver. "Oh, I don't know as that's any of your business," was the reply. "Well, I've got this much to do with it," Mr. Carnes told him; "that horse is un shod and in pain. You have heavy loads for him to help haul. Now, I will give you just ao minutes by the town clock to go to the nearest blacksmith shop and have shoes put on his feet. If you don't do this I'll have you arrested for cruelty to animals." The driver decided he would prefer his perch on the wagon seat to a cot in the city jail, and accordingly the horse was shod at once. EXTRA SESSION TO END COAL STRIKE COMMITTEE APPOINTED BY PEO PLE'S ALLIANCE CALL UP)N GOVERNOR. SITUATION IS STILL CONSIDERED SERIOUS Several of the Collieries Have Started Up, but Strikers Are Not Returning to Work and the Fire Is Only Smold ering-Leading Operator Declares He Will Not Compromise Now. iHY ASSOCIAtED PRESS.] Harrisburg, Pa., Sept. I .-T'ne confer ence committee of the people's alliance, appointed at their convention at Hazelton last Thursday, appeared before Governor Stone this afternoon and submitted a plan for effecting a settlement of the anthracite coal strike. This plan consists of calling an extra session of the legislature to enact laws for compulsory arbitration; better control of foreign corporations doing business in Pennsylvania and enforcing the Sixteenth and Seventeenth articles of the constitu tion. M. J. McCarthy of Hazelton says -th calliance represented the busincsss peo ple of the coal districts and its purpose was to secure a settlement of the strike. lie suggested that if an extra session is held some action should be taken to curb the great foreign corporations which are doing business in Pennsylvania. IHe at tacked the beef trust, the steel trust and other large corporations because of the al leged high prices which they charged for their products. W\ilkesbarre, Pa., Sept. a I.-President Mitchell returned from Hlarvey's Lake to day. lie stated that ,,e had no knowl edge as to what matters are to be dis cussed at the meeting with Governor Stone in Harrisburg on Saturday, but thought the governor would make a state ment concerning his visit to New York. Tamaqua, Pa., Sept. II.-The Lehigh Coal & Navigation company claims today that more of the striking men have re turned to work. Officials of the company ridicule the idea of concessions being granted the striking miners. They say that if a settlement is made it must be on the basis of an unconditional surrender on the part of the strikers. A committee of citizens representing the people's alliance, left here for itarrisburg today, where they will hold a conference with Governor Stone. New York, Sept. I.--John Markle, of the firm of J. B. Markle & Co., the largest individual coal operators in the anthracite field, said yesterday in regard to the pro posal to arbitrate the differences between the anthracite miners and the operators: "There will be no arbitration or settle ment of the coal strike in any way." President Fowler of the New York, Ontario & Western railway, said: "The (Continued on Page Three.) "BUSY DAY" SIGN HANGING UP TODAY DEMMIES ARE BUSY AS BEES MAK ING READY FOR MEETING OF THE CONVENTION. It is democracy's busy day in Silver Bow county. Tonight the democratic county central committee will meet at Judge McClernans courtroom on Quartz street, and, if reports are true, it will make the far-famed Mulligan wake look like a Wednesday evening prayer meeting. Both factions are working hard, and both are certain of success. Each claims that the other will look like a moth-eaten rug when the trouble is over. There is now no longer any question but that it is a fight to a finish between the democratic giants. The war will be pur sued with relentless vigor until the polls close in November. The meeting tonight is for the purpose of setting the date for the holding of primaries and the county convention. First of all, however, comes the reorganiza tion of the county committee, and the apportionment of delegates. Upon this question the fight tonight will be waged. It is hardly probable that the county convention will name a county ticket at their first meeting, although, of course, that is for the convention itself to decide. Many democrats are known to favor the selection of the delegates to the state con vention and then adjourn until a later date, when the local affairs can, in their opinion, be attended to more intelligently. Candidates on Every Hand. Candidates for the democratic nomina tions are as thick as mosquitoes at Gov ernor Rickard's favorite camping place on Flathead lake, and as each candidate has a personal following, it complicates the situation and makes democracy's path a hard road to travel. There are 19 demo crats who believe that they are competent and who are sure they are willing to lift the windows, keep. order in Judge Clancy's courtroom, serve court processes and draw the salary of sheriff of this county for the next two years. More than one hundred loyal democrats are prepared to sacrifice their business and possibly their honor, by serving a term in the state senate. Hundreds are daily shaking hands with their friends and hop ing that they be called upon to make speeches in the next legislature, and the list of candidates for the congressionpl nomination Is almost hourly increasing . All are willing to face certain defeat for the honor of a nomination. O'BRIEN VOLUNTARILY SURRENDERS HIMSELF TO PRISON OFFICIALS AND AGAIN DONS STRIPES *TCNM O'BRIEN, CONVICT-AUTHOR. /7 **, . y I s ' 7 '/ p; 4,,. Who Escapd rm D ·,f. Composing Choice Epistolary Gems and Dodging the Prison Officials-He Voluntarily Surrendered Today and Ia Now Safe in His Old Stripes Once M ore. SECOND-HAND MEN HAVE A SOUABBLE MEAN PRACTICE MORRIS RITH SAYS LOUIS FELDMAN WAS GUILTY OF TOWARD HIM. Morris Rith has commencedl suit in the district court against Louis Feldman for $3,000 damages and the cancellation of a note for $40, now held by plaintiff against the defendant. It appears from the complaint that Feld man sold to Rith all his interest in a second-hand store, situated at ass East Park street, for $55o, $51o of which was cash and the remainder in a note men tioned in the complaint; that Feldman later opened up a second-hand store ad joining the one which he sold to Rith, namely at 219 East Park street, and con ducted the same kind of a business, and thus proceeded to draw on plaintiff's cus tomers, to the great and ireparable in jury of the plaintiff, whereby the busi ness of the latter has been and will be materially damaged. The damage, as alleged by Rith, in cludes the amount of the note and $3,000, for which he asks judgment. C. M. Parr is attorney for the pllaintiff. FIENDISH DEED DONE BY A BAND OF WALLACHIANS Pilgrims to Shrine of the Virgin Waylaid and Robbed-Several Burned. IInY ASSO('IAIen RI:eSS.1 Vienna, Sept. t i.-A fiendish crime has been committed at Maria, in lHungary. Two hundred pilgrims were journeying to the shrine of the Virgin. They were unable to find necessary lodginpý and spent the night in a barn. A body of Wallach ian gypsies appeared on the scene and robbed the sleeping pilgrtms; they then set fire to the barn and an indescribable panic ensued. Eight of the pilgrims were burned to death, somle very seriously in jured, and many of them were crushed. PAL OF TRACY'S IS TO GO UP Gentleman Who used to Be on the Road With Harry Convisted in Deadwood. ([V ASSOCIATED PRESS.] Deadwood, S. )., Sept. t .-Robert W. Coulter pleaded guilty to assault and bat tery in the circuit court yesterday and has been sentenced to II years imprisonment. According to his own statements, which have been verified by investigation of the sheriffs, Coulter was formerly associated with Harry T'racy in the hold-up bisi ness, and had served a term in the Wyo ming penitentiary for a' 'stage robbery committed near Green river. KITTI O'BRIEN CASE COMES UP OL SUIT REVIVED IN AN APPEAL TO SUPREME COURT BY THE DEFENDANTS. It is up to the supreme court of Moni talis, to decide whether the Blutte Mii ing & Milling company will get $17,770 from W. R. Kenyon and others for the burning of the Kittie O'Brien quartz mill in Jefferson county. It was in August, j894, and while tIm decfrdants were in possession of the mill usddtr a lease, that the Kittle O'Brien wen, up in smoke, and two years after wards the owners of the property began suit for the recovery of the above amount. For five years the matter was threshed back and forth in the courts nd last year a jury returned a judgment for the deflendalnts, with costs. The jldgmient wis rendered by Judge Clancy. In the meantime the plaintiffs, through thei attorneys, had been making prepara tlons for a motion for a new trial, which was disposed of by Judge ('lancy last week In a denial of the motion. Now comes the deft~rdants with a notice of appeal to the sups,ime court, necessitating the reopleing of the famIous ease. The case is mainly of interest in showing the reslposibility of .prties holding a lease iand their obliga tion.s iunder that lease. SAYS JUDGE CONSPIRES AGAINST THE DEFENDANT Attorney for E. J. Lane, Accused of Ruining Mabel Casey, Makes Serious Charges. 'hl, re were hot times in Judge Ihoyle's Cuurt this afternoon. The case against I'. J. lane, charged with having enticeld i4 ye ol hi Mabel Casey into wine routns, had leen set for 3 o'clock, but according to a;gr'elllnt it mclle t up at 2 :3u. Assistanlt County Attornley Yancey asked the court for alnother continucatnce iof the case, whereuon Attorneiy Johni R. Grice, for !I.,' defense, protested vigorously. Ile said Ihere was dirty work being dclone on tie -ide of the prosecution, and even Ii w lil that Judge Boyle and the counlty at.eicy's office were in a conspiraicy ag:nst Lane, the defendant. t.I to a late hour this afternoon Grice atill had the floor and was speaking against what hte was pleased to term "unfair methids." Cupid Has 'Em Skinned a Block. iSh.aghai. Sept. il.--An edict has been i I dch censuring the ( Chinese imperial dy g fard for neglecting to practice "ch, ry regularly. WILL TRY HELENA CASE IN 'FRISCO UNITED STATES CIRCUIT COURT OF APPEALS TO LOOK INTO THE WATERWORKS TROUBLE. [sr'sitA. to INInI uoi 'NIAIN.I Helena, Sep'lt. Ii.- ('ity Attorney Ed nondl Ilorsky received word today that tile United States circuit court of applals in San Franceisco will hear the city's uappeal ill the action brouight againist the munricipality by the IIelena WVater Works company to restrain tihe city frorm securing anu operating a water plant in competition with the present comnlpany. This is an tappelal frlOlll the de'ision of Judge Knowles, which was rendered October 9 last. Mr. Ilorsky will go to San FIrancisco early ill (cttober to present the city's case. UNREASONABLE REQUEST SEIGEL MADE OF ELROFF Wanted Him to Get Off the Earth Before He Annihilated Him-And Now Elroff Appeals to Police. Hlarry JEl'roff, a young mani wrhose face and hair were an ld Irir-on hutre, rushed iinto the ofllice of Ith country i;t torney this afternlooln a;ld aski d that ain other yonng rman-- I larry Sicl - whir had threartened him with teriouiin bodily harim, be bounrid over to kieep the peace. Elrolf, who is a clerk in a Main street store, alleges that oni tile i6th of last month Seigel beat hiim severely, and that after makirlg an attemipt to rulln away the latter was captitred by two policemen, but that at the rcquesm t of the injunred iall he was released. I.ast Tuesday Seigel reurrncd his attack andr threatened Eilroll with annihilation if he did not get off the earth. The imntter will come up for a hearing beIfore Justice of tile P'eace Taylor. WANT 500,000 ACRES LAND Wyoming Settlers Say Large Tract of Government Woods is Burning. LI[tY AS:u(n cAI.in I'RLtSS. Washington, Sect. i.--Th''e irterior de Ipartmlent has received a petit' n from a large nurmlner of people inl Fretnl,t county, Wyoming, asking that about 55m,o000 acres of land, lying on the continental divide serve. A fierce fire is raging on this tract, and the citizens conte-nd that its reservation is the best means to prevent such con flagrations in the future. Cony -Author Decides to Gi -Himself Up on Ad nice of Counsel. CON IENCE WITH TOOLE AAY LEAD TO A PARDON Thought Governor Will Listen Favorab!y to Appeal -O'Brien Spent Night in Anaconda and Drove to the Peniten tiary in a Private Conveyance.-No Punishment Is Administered and H Is Kindly Received by Officials. iMit MIi l 1 1ii ll M11i.l1t iAIN. l Deer Lodge. , Selt. i i.--'T'halnili U' lriin, tile coinvict whllo ,i dfl iiigly II i clll igoodl hi-s letitape from the pcitmllihlr' Ni iei woiks I.has Ilnlii lt d to the h In l nilis u the prison. lie airivr' d in ir Lodge il i urly this vate cui ve.lthnllti. 111 comi any i ll i y ILph IIIllllThe way in wh'h the iii lllil y las brought at about w.Il, indued ul.hc.ud of was i tn Anacolnd 'olel two weeks :,ago. hi saw Mr. MctleI's tInlht h 111l .iin, and they pillllis'I d to dII whai t thIley counld to were illn olllllnicationll with tIi li .' every iay, attending to tie lioa ing of his h1 i tlir. liast Situnlay Mic.Ialltiry, Si., wais in I iileiua andii Nia I 'sinor Tli ole I I1 1i y1 e to the ti n oli h ofi l lpal lohi for l i, iit i, Ithe fact that t iih i "ln i iiiuh ii I ', f iltl( d. maol (h*lll y -,.ii . l to 1 a he l fiii l, it.d IIf 10,1n1 to be paittlll ll in ith finesi iI , 'r Letter From O'Brien. Ye"thrdldy ,i ,llllnllllli I II n r 1s Ie ctiveil by Jisp.ih .~i t';llteyt , S% , S ('ii ()t' linl , hl iyinllg I ll latter i d t Hid I,, ii jrii.ght to ltie r Li.,Ie la t I rtlli hll e . he cuhIl s.rren.I. r t11 \V rdn,l , M1i4 I v.1t,.. Tfhr nO ttlit - i ll l that tI e utlllL I 1re( :it- a nd t htl ta I;it 'l a dr tive hI r . I, cn Ith . 'dla k it u lakle s tlirt i i lr t'k thrll ltr 5 . * ; liii tlulihtll,Iit.ll .ll u, tli j th i I,;l yt th, tall w( t l'l i l n t i'o.t11 . the I lii ly L i. d tame 0'iirin into custdly ;tnt d l th , spollr the ie ally iiily ,bl p Hn ilf silrl air y, 'r. Ity LIpre ;i t me ni t, ( 'I hl it joined JoM'leph 1Mc('alfery, Jr., in tIu , rr.ar of the tMotitla ,t hot -l i r Ail in.ltdi last night at q:lo andl the startlll was made filor I)ler ioidge. "They Idrovie I.down ';l ;venellll tland lon t , ll atr this plae, ririi l;n line ;1t i5:t5 th iturt.rnin. They diovet paslt the p ulenittiry witl rouln (it Ierrn ilotable, wh r, the tllt ii wise le ft. I heit y wire he'r'e jtini by Joseph Mcr alicry, Sr., who hadll onille down fron AIn,/rla orn Ihr train li',t i, l. T h y wil ey , nt lim in the ,abl e to , ohll l rl, 1( . , ;tiui",' ho,,n where thlat girtinlll tiin, \tiav w it i i lg for , iu l tex pti ngt i li o ut, iin. Was in No Hurry. hc aklfatst M was', ,rv.d to the p.aity and, the aftelir a hoiL ,walk aroulld lowl, they wInittllt I ltt i t is sta, tblli ,l wher s 'llrien wished to sit le ' t" l no s hl orst. "(ieorge Tighli ," tiin which the is aile his waderf ul dash to liberty. lri then aid od. lye l to his fri (ilr, It'h Mc :tilelt t aind was en litld inslih i ri v ison by I:,lhnlt McCalfiry, who brought O'lrien down, said that when they werte nearing the brought about this state of affairs. ie saidt, howeveir, that O'laritin had the tit Iost ciiitonfdc in Ithe elief thait he would soon regain his liberty by ioucnlls of a McCalfery ait O'lrin li's action in sur reile ring was lurely voluntary ndi that if thle mall had wisg h.de could have been on another c.ntinent now. When Colonel Mc"''ague was asked for a statement he said "I thl yi.iu he'd be here, dlidn't I ?" lihit g i nsweid in the aflintiivel, te winked hiis teul. igifi. caily ian said, "Well, he's here." Of Siorse the wardens are very glad to have O'llrien back agi n. BHth wardhins (lon ley sl Mc''iage havl e lwlays expressed the belief thit i l'llrii ti wr oul ll are tru to his word and return. ler was pinced i inl ct l hilt was putn on th.e salts plan is other prilsoners and no punishenuit was administe.re. (,'llricn ha.s not the sick at alily time and looks ,hout the s.me as whien he w et away. llis rturning surrender is tThe chief topic of conversation hort, today. All are won dering what, if any, laction (ivernfor Toole will take in the matter. HISTORIC RACING COURSE IS SOL[ LOUISVILLE MAN BUYS KENTUCKY ASSOCIATION TRACK- A NEW CIRCUIT TO BE FORMED, Lexington, Ky., Sept. I t.-The historic Kenttcky association race course has been sold to J. 1). Douglas of Louisville for $41,000, With Douglas are associated other well known turf men, by whom a new race association will be organized and the old Kentucky trotting track at Louis villey, Oakley track at Cincintnati and Lexington track will be turned into a circuit for running races. It is th purpose of the new owners to hold spring and tall race meetings each year, opening in Lexington next spring. Immense sales paddocks will be con structed at the local tracks, where an ef fort will be made to dispose of the an nual crop of yearlings and save the cost of shipment to New York aid back each season.