Newspaper Page Text
THE BUTTE INTER MOUNTAIN VOL XXIII. No. 184. BU'TTE, MONTANA, WEDNESDAY, OCTOBER 21 1903. PRICE FIVE CENTS BUTTE WINNER IN WESTON HEARING City Wins Major;ty of the Points Raised Before Supreme Court. OBJECT TO KREMER But He is Allowed to Try the Case-Testimony of Today. SPECrAt. TO TTEp'txTER MO'UNTAIN. Helena, Oct. at.-There was another hearing before the supreme court today in the proceedings commenced by the city of Butte to compel Clerk and Recorder John Weston of Silver Bow county to deliver to the city treasurer the tax rolls of the city. The city came out victorious on almost all of the points raised. Both sides were given until Saturday to file briefs and an early decision is ex pected. The attorney for Weston has been deprived of about all of his defense except the single proposition of the con stitutionality of the city treasurer collect ing taxes when the constitution and the laws provide for the county treasurer performing that function. The point has never been raised be fore, so far as known, and the outcome will effect the municipal system of collecting taxes. Object to Kremer. When the hearing came on today, J. E. Healy, who appeared for Weston, raised the question of the right of J. Bruce Kremer to appear for the city of Butte, claiming that it was the duty of a city attorney appointed by Mayor Mullins. "'The city has a regular defacto city at orney, let him come here and address :te court," said the attorney. "Is it a fact," asked the court, "that re city has a regular attorney?" "Yes, an attorney appointed by the *ayor," replied Healy. It was brought out that Mr. Templeman, lullins' appointee, had not been con irmed by the council, and the court said .he appointee could not be city attorney unless confirmed. IMr. Kremer was allowed to proceed in the case. Mr. Healy then filed a motion to quash the petition for the writ, raising constitutional questions, but this the court overruled. IlHealy then filed an answer, raising numerous points. Kremer filed a demurrer to the answer and this was sus tained. The court declined to hear arguments from Mr. Kremer, telling him it did not care to hear anything on the subject, as the answer evidently lacked sufficiency. Ir. llealy filed amended pleadings and these raised the question of the right of the city treasurer to collect taxes when the constitution confers that power upon the county treasurer. During the hearing Mr. Healy raised the point that the books had passed from the possession of Weston to the county treasurer. "Suppose," asked the attorney, "the court should order himn to furnish the tax roll, how is he going to get the books back ?" "If the court made an order turning them back to the county clerk, they would be apt to be turned back," remarked one of the justices in a decisive manner. The case was then submitted and the court allowed until Saturday to file briefs. SIXTEEN ARE LOS1 WHEN FRENCH SHIP GOES DOWN Two Boats Without Pro visions Supposed to be Atop Somewhere. DY ASSOCIATEDI) PRIES, Honolulu, Oct. ar.-The French bark Contenable de Richemont has been lost on French Frigate shoals and :6 of her crew are missing. Captain Raubt, with the carpenter, cook and three seamen, reached Kauai on Sun day in a small boat and arrived here this morning. Captain Raubt reports that his ship struck the shoals at 4 o'clock a. Im. on October to in a dead calm, and had to be abandoned 24 hours later. Two boats with i6 men are missing, one in charge of tile first mate-- who is a son of the captain-with seven men, and the other containing the boatswain and seven Ilen, These two boats are without provisions, and a searching expedition may be organ ized to look for the shipwrecked men. The Contenable de Richemont was bound from Hong Kong to a South Ameri can port. MAYOR P. S. TUFTS DEAD Y, ASSOCIATED PREss, Centralia, Ill., Oct. a:.-Major P. S. Tufts, president of the Illinois Mexican Veterans' association and a veteran of the civil war, died today. General Counsel Reslgn., BY ASSOCIATED IPRESS St. Louis, Mo,, Oct. ar.-Janmes L. Blair, general counsel for the World's Fair, has resigned on account of ill health, BALLOTS POUR IN FOR THE CONTEST MISS HATTIE SEITZ OF BUTTE LEADS CANDIDATES FROM' SIL VER BOW COUNTY. GREATEST NUMBER IN TODAY Ballots in Tabulated Statement Only of Those Received Up to Noon-Voters Should Remember This. THE MONTANA MAID Eyes of acure, cheeks aglow with health, Charming, dashing maiden-rognish elf; Montana's boast among her treasure store, Spreading beams of sunlight, loy forever morc, In castle grand, within the cabin walls, Like pearls fromt Scraph's throne her laughter falls, Dispelling gloom, e'er teaching hope and love; With threads of gold her chastened gar ments wove. Before her throne her willing captives kneel, Pleading favor, each with fervent zeal. Unchallenged in her scope and pouscr, She stands alone, Montana's fairest flower. Well, the Inter Mountain World's Fair tour contest is going along swimmingly. Of course there is the expected and usual delay in getting in the first few days' vote, but all in all the coupons are coming MISS LAURA KILGALLON, One of the Silver Bow County Entries in the Inter. Mountain's ,World's Fair Contest. in with considerable rapidity. Today the Inter Mountain prints on the second page the'full'tabulated statement as to the vote (Continued on Page Twave.) HOWARD ELLIOTT IS IEW PRESIDENT OF THE N. P. Western Railway Man Is Chosen to Succeed Mellen as Head. DY ASSOCIATE.D IPRESS. New York, Oct. 2s.-Howard Elliott was today elected president of the North ern Pacific railroad. Mr. Elliott is from St. Paul. He succeeds C. S. Mellen. Mr. Elliott has been general tnanager of the Hannibal & St. Joseph, St. Louis, Keokuk & Northwestern and Kansas City, St. Josephl & Council Bluffs railroads, and of the Chicago, Burlington & Kansas City railway, with offices at St. Louis. and secotuld vice president of the Chicago, Burlington & Quincy, of which systemn those roads are a part. His service has been altogether with western roads, beginninlg when he was 2o, in 1880, with the engineer corps of the Chicago, Burlington & Quincy railroad. ARCHBISHOP BURIED Services Over Late John J. Kain in the St. Louis Cathedral. DY ASSOCIATED 'RESS. St. Louis, Mo., Oct. 2r.-Funeral ser vices were conducted in the old cathedral today over the late Archbishop John J. Kain of this diocese, who died last week in Baltimore. The ceremonies were at tended by a large assemblage. Cardinal Gibbons celebrated the high requiem mass and five archbishops and bishops performed the rite of a solu tion. Archbishop Keane of Dubuque, Iowa, officiated and delivered the sermon. The body was interred in Calvary ceme tery alongside the grave of Archbishop Kenrick. At the conclusion of the mass Arch bishop J. J. Keane, who was a close friend of the deceased, preached the funeral panegyric. Before Archbishop Keane had concluded absolution was pronounced over the bier by Cardinal Gibbons and four archbishops and bishops and opportunity was given those assembled to take a farewell view of the remains. The cortege then proceeded to Calvary cemetery, where the interment was made. BLOWING UP TRAINS MAY BE ON PAR WITH MURDER LEGISLATION RELATING TO THE DYNAMITE OUTRAGES 18 PROBABLE. QRAVELLE CASE AROUSES RAILWAYS TO ACTION ,May Go Before Next Assembly and Tr" to Procure Passage of a Law Relat ing to Penalty for Using Dyna mite on Trains in State. The inadequacy of the punlishttlent fot the persons who are seeking to blackmail the Northern Pacific railroad out of a large sum of money under threat of blowing up trains will probably result in measures he ing introduced in the next session of the legislature making train wrecking a crime on a par with murder. There are only two charges that can be preferred against Isaac (;ravelle, the sus pect under arrest in Helena. He can be prosecuted for writing a threatening letter seeking to extort money, and if convicted can be sent to the penitentiary for five years. lie can also be prosecuted for ob structing a railroad, for which the maxi mum punishnunllt is five years. Many Loopholes. Of course, there might Ihe several con victions on either of these charges and by the aid of a cumulative sentence the guilty, ones would come near getting thleir deserts,. but there are so many loopholes antl slips that cumulative sentence might he difficult to procure. In manty states train wreckinttg is punishable by a life setntence in the peni tentiary, and in somne states it is a capital offense. "The ptttishmrent for a crime like that charged agitlnst this 'fellow (;ravelle is to tally inadernuate.'" satid William Wallace, Jr.. of Helena. the division counsel for tlie Northern Pacific, who is here attending to a care itn the federal court. "Why, this affair has no parallel in rail roading. Hlere is a man or a gang of men who have been writing threatening let ters to officers of the company demanding a large sura of mttoney to buy them off fromi damaging the track and placing innocent lives in jeopardy. Some depredations have already been committed and there is a large amount of incriminating evldence. TIle law shouldl he changed to make the pulnih meat fit the enormity of the crime. Train wrecking should be punishable by hangtt ing; it is just as despicable a crime as murder and tnay lead to murder." Thinks Gravelle is Man. Mr. Wallace says that from reports re ceived he feels that in G;ravelle the leader of the gang has becn, captured. lie thinks Gravelle is the only one who has caused all this trouble and expense to the cont patty. Now that he is in jail it is expected the threatening letters and the discovery of dynamite on the track will cease. The letters received by the company were mailed at Butte and Helena mainly. anil sent to Gen;eral Passenger Agent Fee and Traffic Manager Hannaford. Mr. V\al lace has photographic copies of many of them and they will probably pliy an inm portant part in the prosecution. DROWNS IN A ODICH 2-YEAR-OLD TOT FOUND CLUTCH ING THE TWIG HE HAD SEIZED. SrECIAl. TO TILY. INTER. MOUNTAIN. Missoula, Oct. ai.-With his tiny hands clutching a twig by which he had en deavored to save himself, the body of the a-year-old sotn of Barney Flynn, manager of the Lucy Furniture store, was found today in the old mill ditch on East Front street, The child had fallen in, unseen by anyone alld had been drowned. Tl'his morning the little tot strayed away from home. lie had been gone but a few minutes when his absence was discovered, and search for him was instituted. An hour later N. lHyde found the body in the ditch. The waterway is now used for jrrigating purposes and is uncovered. It is so small that it has been considered safe. CABINET IS NOT OUT BY ASSOCIA'ITD PRlESI. Rome, Oct. a1.--'There is no truth in the report published in a special dispatch in London yesterday that the Italian cabi net had resigned, though Premier Zanar dclli is willing to withdraw on account of ill-health. The question will be discussed today at a meeting of the cabinet. DOTSONS' HEARING S'I'('IAL TO TIIE INTER MOt'NTAIN. Missoula, Oct. az.--'The preliminary hearing of the I)otson brothers, charged with the shooting at Trout Creek, will comne up) tomorrow morning before Justice of the Peace Williams at Trout Creek. The prosecuting attorney and the witnesses from here will go to that place tonight. REGULARS AND VOLUNTEERS Fort Riley, Kan., Oct. ar.-Five sepa rate exercises made up the maneuvers for the day. In each case a national guard regiment marched out from camp, formed an outpost, and then was attacked by de tachments of the regular troops. All of the national guard regiments were supported by artillery, the attacking regulars have none of it. The operations of the national g. a were supervised by the military ump res, who lent all' possible assistance to them in selecting their ground and receiving their attacki. BUTTE IS CHOSEN FOR NEXT PLACE OF CONVENTION GRAND LODGE OF I. 0. O. F. WILL MEET IN THE GREATEST CAMP COMING YEAR. OFFICERS ARE ELECTED BY HELENA CONVENTION D, J. Charles of Butte Is the New Grand Master of the Odd Fellows of Mon tana and Other Butte Men Are Highly Honored. S.IEAfi. TO T TiE INTrk Mii N"TAIT . lHlelna, Oct. .r.- T'he grand lodge of (1 FeIcllows will ineet ilnxt year in uolte. DI). ). (Charles of Iuie. (;rand Malster. The mwtropolis of .Montana t.as today ac ctrde, the honor by alcclnmation in the Ugrail Ilodge. New oilircls were elected anild a largeIU :UUntIIIII of roulltine business i ral iatId. iouich of which, of course, will not Iie tuade Ipublic. The ollicers elected are: Igrand master, D. J. ( harli's of Ihutle; deputy grand miaster, Ri. W. Kmip of Mis oula; gr:iandl warden, C;eoreir' It. Milburn of Milcr Cityi granld secretary, A. I. ,..I George R. Milburn of MAiles CityC. Juslice Mlo,,unii, .Supree- Coir,, I(;r, ntl Warden. White of llutte; graind treasurer, Jacobl, loeb of lelena; grand represelnttive, for two years, IR. W. Nicholl of lIamilton. The appointive fllicers will hIe ani louncitled later ill the day. In the drill last night between tennis from two lIIeIna lodge( and a IGreat Valls lodge, Montai;na lodge, No. I, of this city, was awarded the prize. Tonight there will be a grandl ball in the auditorium. 'J'he grand encampment, a branch of Odd Fellowship, will convene tomorrow. Robekaha Meet. N"I'm IAs, J0 T ril IT.ll MI01 '.'AIN,. Helena, Oct. ar.--'l'ie grand lodge of the DIaughlters of tilhe IReekah met tolday A. I, iWhile of Rltkiw, Crand ,'i.e-iary. ---,... -- - - , ,,·-·- in Odd Fellows' ball, President Mrs. Meiklejohn of Butte presiding. All of the grand lodge officers were present with the exception of Grand Conductress Mrs. Sarah Whitehall, Delegates from nearly all of the lodges responded to roll call, There were 37 rjelegates present. Thirty additional mem LContinucd on Page Twclivc. AMERICAN MEN OF FINANCE CONVENE TWENTY-SEVENTH ANNUAL MEET ING OF THE BANKERS' ASSO CIATION IS OPENED. PARDEE WELCOMES VISITORS Governor of California and Mayor Schmitz of San Francisco Deliver Addresses- Financial Talks. IIV Al>ihlt I t D Pil it S Satn Francisco, Olct. .*. The acttual businesstl of the twenty a.vet'llth conliven liitlt of the Alnit ln itankers ' lassociationl bega;n this morning when111 thil delegatles alt smble d in tlthe (tlif lrnlia thllater. The attdiloritmll of the theater wnt. comfo·rt:bly lillet when Pr'rrsideut a':lhwell iIHardy used| hits gave l at i t:.to o'clock, h d later per mols otler 1than11 drhc'ats lr tg o ag;Itl MIoth the theater attal s.lage were 1au11 so..t1 ly diticoltl d with lltwrns, ,vergt Ttt S.MOEL B. MOASS' HIGH BILINrs. Prsid thent I t led th, wEditov tand litii ordr. Is I T Riest Rvntly Killiam Ford Ni.hols, lllupon the ga Itl-hri l g. Follwl i r th ,lw Iti- roll ca llr. Fte IgtiR . Selitutl mayol r s ii Safi F"ll l 'ln . illt tliiie whchl it fill witt t nrii i ie I il a t . lit ',1ir Iliii.N, I n l'.tirt hiotl t 1 ih SAMUEL Bk MORSS' FATAL FALL FROM HIGH BUILDING Prominent Indiana Editor and Politician is In stantly Killed. 111 ASyhi lv lt I l 'ItI SHI a. Indianapolll I I nd., (ct. :r .-li n to ia n l It. 1,orss, editor aIII propriltor of tihe in litanapollis Srnllli , fell fronmt the third sto ry .f the S nt.,tinel h ui hli ti g today and livAt Iut 15 minlute1s The wi(lo.w (rom which he fell wts in his private offic. No one was with him at the time, though several persos were waiting in the inte rnoom to see hiu.. M. Mors hal been in had health for soe .ittle and it was un oulnced by his private seretary that he had prrbably opulrd ite window for air :und was ov.rcomnlt by ht-,lrl truhllh. Vi InInciail trmu les have ,iin worrying hiom rece n tly . I .e le ft : i w idl w a n d ,' 1' d ; ,llg h ter. tannle II. M,,rs. was hurtl ill Fu W ay e.'. Ind1,1, Ih . h. emb r 15. I1g .*. I 1'875 77 hl' w ,';i 11 ,.etuh r of the editorild Itall :nI, ediltr in thin' of thr Fort Wayne I iarellte :ld later bercllmt tdiltr antd ptrat ownlr of the "urt Waver of lhl K'anas City Star. After retrnroinl. frl ll a I'lr.oln'an trip fronm , 1 In. INHR. he w , ,s thle W ash i gto, cl rr-sp, nd t o f lilcta- Tl' llllt 'l'im esl Ill 1 9114. l hlll ;s chai r mlan of tho Inhl' in 'l l u'y' Ii t nlilt. I I H ,/t to 18,47 lct w as t'lited States c', sul at Paris. COMMENI IN PRESS British Say Boundary De cision is Regrettable, but Honorable. |Y AS Of IA'I 1 PII' .SS, Londlon, I()t. I2. The (colne1lIIt (of the aIftlernoon newspapIljers here O 1 lte A(la*kal boundary decision is simlilar to thllat of the morning papers. "(et'grettalle, but honorabllle," Ihlllll up the genleral ttnlor. Commissioners Returning. II4 AS511 IA'lJ.11lI I'llSS. LodollOl, (0t. 2-,-.S.enators Lodge and Turner a14n Mrs. Turn'Ier left Loldonl th is, mIorning for I.iverpool, where they will board the White Star line steamer ('cedric, which is to sail for New York today. Lord Strathcona, Secretary While of the United States ellmbassy, John W. ;oster and several other friends were presellt at llustoll staltion to bid farewell to tilhe Amielicamr colrnlllissionllers, Jo.4seph Pope, a reprLesentative of the Canadlian governll llment, and onll, of tile as sistantt secretaries of the Alaskan tri I,111al, left on the s;mlne tr;aii 1t1hich also took Joseph Pulitzer andl party, Mr. and Mrs. Andrew ('arneglic will joint thle Cedric at Qitueelnstown. ROBBERS LOOT SAFE GET AWAY WITH OVER $15,000 OF STAMPS FROM A WISCON SIN POSTOFFICE. B1Y A 1NO1'IA'I'IT I) PI'ES:,. Superior, Wis., )ct. 21.---When the Su perior postollice was opened for businesS today the large vault was found to have been rifled of practically the entire supply of stamps, estimlated at $1.5,51, About $0oo in fractional silver was also secured. 'The vault was forced without the use of explosives. The safe located ill the post master's private office and containing a large amloulnt ill currency was not molested, The only visible clew left by the bur glars was an electric pocket lamp. WEATHIER-Washington, Oct. ,--l'The weather indications for Montana are that Thursday will be fair and cooler. JAPANESE SEA FIGHTER IS NAMED Appointment of Admiral Toga Is Thought to be Significant. ESTIMATE OF FORCE Japanese Cavalry Is Weak, but Infantry Will be a Heavy Factor. l1i A ',n I IA ItI s I 'ti5 ItSM. I l kohti ma, I i t . st l. 'tll e t mii str I . l I i tll (frilt'es, i tl prtparations . a lind ntahly the alppoilitinent of Vice Admiral 'Io 4., klowin at a "liglhtitig man:," to c# t*4 aulail the N1llldilng y. i dll Ull, have le], l to ;Ii renewacl l of the a ticipationll Iro. ble. Simi decidedl duvelit mcent il tili t crist is ",'prect al lh rt I V. The sleanlthip aid railroad milipauliei li. relported to have belten lit iflied to le ill readiness lfor m rll rg ,nci,. St. IP tersblrt,, I t. . --A dispatch to tlhe N .ov ro froya frollm Vladivolfutk III €lo. Iorlly'. dN v .. s : "The Japanhec government has htlilicd it, coantl here that Ihertr it io rtaIon why tihe J.apanret, shouhl leave Vhldive shbt'k. "This was a reply to a query of a 'untul on tilts .ubjeclt." Japanese Cavalry Weak. lit ASSIh IA I Ell PlMlEll. New Yorik, (lt. at.-.A sylioplis of Ilthe iisllltinl ill the Jirllaanes arny published htrle. ays the Petersburg corresp.. dent of ilh s iou-, .sh wn that its weakest point is Ithe c'itvally arll , It'h d tevelopmenlllr t of which has been. himlered hy the lac Ik oif Iuhorses aulll Ilhe want of suitaltle places for ex Thle Russian cavallry is seven timel ll lmolre 'lh1 Jalill. inllflllntry is nmost fiavorll ialily c'rilicisl. Its mlorai l Iiuiliticn ll : Saidl it lie very high, altihough its physicial ualilitis are on a muclh lower level. liI warm orlluntries, it in declared, the Jaupllnnese infantryman has displayed ex Ir;iorlltlinary powera of endlurance, but he woutll hardly be likely to show them in it cold tliimaie. Looks Like War. IIV A:bbut( IA'II.ll I'a:;'H . |o,,lud , I lt. -l. -A disilitch to H lil. rs Telegram Cri(.mpanyi from'll Tkllik says: ItNihu' u lililtiry activity onll the Ir'i, lltie rlontie. i.s inail ted. 'The ilmportant InewIp.l pr , take a glolnlIy viewii 'lI hey ;alr incliiined l to believe Ilusnii due'. not intend to fulfill her repealted prmiiis e ani ;i dl 'lraliiiun, iii which cane it will lie imii.uullntli. ll JanFiill lt take deci.siv step.i lfor tlh h aike oif her verly ' hi Jlii .iiliese lun libii ( iiukai w ias I havel winle.i d ;at N w l (iht ' g, i t llil bill tlhii 11 r Ilm i I l('li has been uintrll a.r nldll d. Rumor Disturbs London. IIi A.,ICIATt 'n I'toI.5 , LoiloI , IOct. l.-- A report was ill ir '1lat;ioln II Ithe stoc.k exchallge today that the Iegoiiltiotltio ls Htw.lle I Russian uld Jitiplll hiad Lev bIrketl otf, but the foreign ollt cial hpure said thely had not hreatrd aly thing onifirmiathry of the runior. 'Tlhis statement was unule sulbse lteunt to the visit plaid by litaro Ilayashi to lForeigtn Minis ter I.ansdowne this after i ,oo Tht. h fi cials of the toreign eiliet dhuled that the rceport was contrary to thel gent.al tlt.lll of its iif fritliion, Alleged Chinese Treaty. itY ASStC('IA'I t E I H.5S. IBerlin, Oct,. 21.---he special corrcespond ent of at llrlin newspape.r quot(es the Vstoichnli Vesnik, a joitrnal published in the fir iast, as atltlutoi ity for the sltate i-nent that I'autil I.essar, Russian mini.ister to China, has concluded a treaty with Rissia which glives lhussia a title to Manchuria, although uhder nominal Chiinese governi itt-n'tt. ullssia ttuldertakes to conductt war irising withl a third power front the nlew tro sty. RUSSIA AND AUSTRIA WILL FORCE THE TURK TO OBEY Mean to See That Porte's Troops Are Demobil ized as Promised. flY AS.I)('IAT')I) PRI'SBl , Vic:nat, Oct. .l.---Russia atid Austria art inot dli.ilpsed to lpermllit trifling by the tport. with regard to the schlellle for re forms in Macedonlia. It is asserted here that if Turkey attempts to procrastinate recourse will be had to eltective Ineans of persutasiol. Porte Complies. iY ASSOCIATED PRIeSS, Constantinople, Oct, at.-Orders have been issued to cotmmence the demobiliza tion of ao,ooo Turkish troops in Antolia in accordance with the Russo-Bulgarian understanding on the subject. New York Silver. BY ASSOCIATED PRESS. New York, Oct. s. -Bar silver, 6o%,= Mexican dollars, 4h4.