Newspaper Page Text
THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 189. BUTTE MONTANA, TUESDAY, OCTOBER 27, 1903. PRICE FIVE CENTS l Il i, . .... ... - ---.- - MINERS' UNION IS TO MEET TONIGHT Committee Will Report on :ailure of the Heinze Conference. FORBIS' STATEMENT Counsel for B. & M. Says It Is Impossible to Get Justice Here. TWO COURTS BIASED Forbis Charges That His Client .lave Never Had a Chance. The Butte Miners' union will hold its regular meeting tonight when the com mittee appointed to meet F. Augustus Heinze and to hear what he had to say re garding the MacGinniss stock in the Bos ton & Montana company, will make its report. The committee will report that.the offer to purchase the MacGinniss stock by the Miners' union was rejected. It will also report that F. Augustus Heinze accused the miners of having been bribed and cor rupted. Aside from the report of the committee there is little business to transact at the meeting tonight. The miners have en deavored to use their best efforts to alle viate the distress of the community and have failed. An interesting development of the day is the fact that John F. Forbis, of counsel (Continued on Pase Eleven.) SCALLON'S ANSWER Replies to Attacks Made by F. A. Heinze Upon H. H. Rogers. The following answer by Mr. Scallon to the attacks made upon Mr. Rogers by Mr. Heinze in the Butte Miner of Sunday was omitted from the Inter Mountain yester day because of voluminous reports of in portant events occurring late in the after noon: Mr. Heinse again assails Mr. Rogers with vituperation. Mr. Heinze's asser tion in this last statement of his can be branded as "Helnze inventions and Heinzee slanders." The time has passed for minc ing words in dealing with Mr. Heinze. For more than three years, .week after week, Mr. Heinze has caused to be pub li;ed against Mr. Rogers the wickedest _fdV foulest slanders. Anyone who has Sappened to read the Reveille, or who is adquainted with itg character, knows what tle conduct of Mr. Heinze has been in that particular. It has been prgo.e in equrt that Mr. Heinze paid the expenses of the publication of the Reveillp. Fpr some oecasional reference in the Reveille he might deny responsibility; but for a con tinuous and persistent course of slander and dirt-throwing, kept up week atter week by his boon companion and editors, paid with his money, he cannot escape responsibility. In the light of these facts the assertion that, "no statement with reference to Mr. Heinze and his friends has been too malignant for Mr. Rogers to father," is not only untrue, but hypocriti cal and base. Ahe assertion that Mr. Rogers is respon aible for the alleged shutdown of the plants of the Colorado Fuel & Iron com pany, is another mendacious one. Mr. Heinae's alleged dispatches regarding it bear all the evidences of fake. The prep dispatches have not reported any such threatened condition, and the statement that Mr. Rogers is respoqisjle for it is wholly and absolutely without foundation, and can be nothing but an invention of Mr. Heinze. Mr. Rogers is not even an officer of the Colorado Fuel & Iron com pany. Mr. Rogers has constantly counseled patience and self-restraint in this contro versy, and his counsels have had much to do with preventing justifiable reprisals, Mr. Heinze is very likely to continue the manufacture of slanders against Mr. Rogers and others, They may well be passed up as such without requir ing specific denial in each instance. They have been, and doubtless will be, so nu merous that it would be useless to try to keep pace with the prevaricator. Mr. Rogers himself has been content to main tain a dignified silence and leave it to the final judgment of the people of Montana to determine what manner of man Mr. Heinze is, what credence he is entitled to, and to give to each one his dues. Mr. Rogers has always asserted his confidence that in the end justice would be done, Since the formation of the Amalgamated (Continued on Page Five.) "I think the Miners' union know they do not need his (Heinze's) pro teotion. I think they know that their wages are not In danger for three years, or at all, Neither Mr. Rogers nor myself would stand for any out of wagep."-From William Soallon's reply to F, A. Heinze. MR. SCALLON'S STATEMENT Addresses Open Letter to People of Mon tana on Present Crisis in Camp. To The People of Montana: Mr. Hetine, in his statement published in The Miner of Sunday morning, October as, lets the cat out of the bag and con fesses to the true nature of the warfare which he, with Mr. MacGinniss and their associates are waging against the Amal gamated company, and the local conm panies in which it is interested. He says: "Should the supreme court hold with Judge Clancy in his recent decision, it is possible that Mr. MacGinnis' interest in the Boston & Montana company might eventually represent to per cent or even more of that property." The meaning is plain, They expect Judge Clancv to con fiscate and wipe out of existence all of the stock of the Boston & Montana com pany owned by the Amalgamated com pany, and thereby give all the property of the Boston & Montana company to the own ere of the few remaining shares, namely, less than one and one-half per cent of the stock. In the next line following the above quotation, Mr. Heisnze describes Mr. MacGinniss' position as a "fortunate posi tion." To lawyers who had read the pleadings in the case, it was already clear that confiscation was the object sought. The public tlay nut have knuwn it, but they now have it upon the authority of Mr. Heinze himself that confiscation and spoliation antd destruction of the property of the Amalgamated corna any is what they are seeking, together with the driving out of the Amalgamated. That is what they hope and expect to get from judge Clancy. We believe that Judge Clancy will give them, so far as he can, all that they ask or may ask of him. If the Amalgamated company can be despoiled of its interest in the Boston & Montana company, it can likewise be despoiled of its interest in the Anaconda company or any other company within this jurisdiction in which Mr. Mac Ginniss might acquire a share of stock. Mr. MacGinniss did hold, and probably does yet hold, some shares of the Ana conda company. If the ownership of the controlling interest ot the Boston & Mon tana company or of any of its shares it the Amalgamated company is illegal, then its ownership of the stock of the Annt conda company is illegal. and It'.- utmn agement of the latter is also unlawful. The question involved in the suit of MacGinniss against the Boston & Mon tana company does not relate to the Bos ton & Montana company alone; it is broader. It is whether the Amalgamated RESOLUTIONS TO BE PRESENTED TO ASSEMBLY FORECAST OF MEETING OF SILVER BOW TRADES AND LABOR MEN THURSDAY NIGHT. COMMITTEE WILL NAME THE SPEAKERS TODAY The committee of IS, appointed Sun day night by the Silver Bow Trades and Labor assembly to arrange for a mass meeting and to draw up resolutions to be presented to the meeting, held a session yesterday afternoon over the lied Boot store. It was decided to issue a call for a mass meeting to be held at the auditorium on Thursday evening at 8 o'clock. The committee also submitted a set of resolutions which were finally decided upon. It was also decided to keep the purport of the resolutions secret and the commit tee gave out a statement for publication. It was decided that the speakers se lected should ntot discuss in any manner the merits or demerits of the controversy existing between the Amalgamated Cop per company and F. Augustus Heinze. It is at the meeting to be held at 5 o'clock today that the speakers, five in number, will be selected for Thursday night. A member of the committee was seen today and was highly indignant that some member had given out the text of the resolutions. "Now that it has been stated that the resolutions would direct that a committee would be sent to Helena to confer with Governor Toole, the whole resolutions might as well be published. The member who gave out the information ought to be severely censured, for we admitted the Inter Mountain representative on his promise to print only the statemtnent given to the press and ,he kept his word." Resolutions of Thursday. The resolutions to come before the meet ing Thursday night, deplore the state of affairs existing at the present time and states that charity from any source will not satisfy the public, nor will it be aso cepted. They further request that a com mittee composed of Ia men, selected from the ranks of organized labor, wait upon Governor Toole and request that an ex traordinary session of the legislature be convened for the purpose of enacting suit able legislation, doing away with the ex isting defective mining lawe and enact ing in their stead fair and equitable legis h.a e above committee will be directed to act with the Miners' union and carry out the program as outlined by them. It was decided that in the event of a settlement being reaohed, prior to Thurs day night, the Imass meetlig will be oalled oft. company has any right to hold any stock in those corporations: whether it has any right of property in the stock, and whether that stock or its proceeds is to go to the stockholders, to the rightful owners, or indirectly, but effectively, by its coufasca tion and destruction to become the .prop erty of the people who have. no interest or right to it whatever. It is in the nature of a test case, involving the whole broad question of the rights of property of the Amalgamated company and of its right to exist. The present conditions have occurred as the culmination of years of outrages upon these companies in the litigationl against them. All the property of the Amnalga mlated company is involved. Its very right of existence is involved. The prop erty rights of these various companies are involved. A systematic campaign, which we do not hesitate to characterize ns blackmail, has been prosecuted against them in the courts. These companies are debarred, seemingly without any present remedy, of their constitutional and sacred right to the trial of their causes by im partial judges. The constitution guaran tees an impartial justice without sale, de nial or delay. We leave it to any fair minded man acquainted with the condi tions to say whether these rights have been accorded to them. The two judges before whom these cases have been tried are admittud by all who are acquainted with the situation to be either corrupt or so hissed and prejudiced that it is inm possible for the Amalgamated company, or any of these companies, to obtain justice or event a decent trial. With such cot ditions, with so much at stake, with a de cision of conuliscationl already made, and a threat of receivers hanging over these companies, with the possibility of the ap pointing of a receiver for any colmpany for which one may he asked, with the possibility of at any time Judge Clancy departing from what Mr. leinze in a most remarkable characterization called "his moderation," a crisis in these affairs ha4 been reached, and it must he met, not only by the companies, but by all interested. While these things have been going on, some fair minded people have 'reproved or indignantly protested. Of the public genetally many have been indifferent, either through lack of knowledge or in formation of the conditions, or because denial of justice not affecting them did not attract their attention. Some' have laughed, and some have applauded the proceedings. These, of course, were Heinze m.en. Others have believed, or HEINZE VS. MACGINNISS MacGinniss Says He Did Not Leave Butte for Fear of Violence, and Heinze Said' He Did. "Now, my friends, a great deal of criti cism has been made with reference to' the action of Mr. MacGinniss in leaving this city. I want to say to you that I am re sponsilble for Mr. MacGinniss leaving Butte. "And I want to say, furthermore, that while the rank and file of the men under stand the situations as they present them selves to them, there are a lot of cranks in every community, and the newspapers here in this city since this agitation was started, and purposeely, to bring about their own ends, have done everything they possibly could to incite the good men of, this city to riot; they have done every thing they could to inflame them. If Mr. MacGinniss owned certain property, he has a right, if certain people want to buy it, to' negotiate with them if he wants to sell, and nobody has got the right to come be fore him and point a gun at his chest and say, 'If you don't take this price, why, to hell with you.' "-F. Aug. Ieinse in his court house speech yesterday. USE THE NEW DEPOT UNION STATION AT HELENA IS NOW OPEN FOR CONVENIENCE OF TRAVELING PUBLIC. SPE'CIAL TO THII INTER MOUNTAIN. 1. Helena, Oct. 7.--The Northern Pacific today began using the new union depot' which has been erected this year at a cost of about $7o,ooo, near the site of thqs old depot. As soon as the railroad traoe connections have been made the Gresta Northern will also begin to use the depot. The depot is not entirely finished, bug the ticket department and the waiting rooms can be used. The railroad company, has donated the old depot to the Centrs Presbyterian church, provided they .mo.i it at once. : "These (Heinze's) offers may look innocent enough on their faces. I In reality they amount to a tfusal to settle the MaoGinmes oases; they are a turning down of the 'Miners' union proposition, besouse the oon ditlons of 'Mr. Heinze'e offers are q. unreasonable and ' exorbitant that. they are Impoeslble of aooeptan~qe.l -From William Soallon's reply to P. A. .Ieine. aecsted to believe, that this fight was a good thing to keep up. Others again have held to the view that this was nlcely a l.ht between two corporations in which the public had no interest and which they ought to leave to he fought out amongst thenselves, irrespective ot whether eqlluity and justice were akininnistered, or of the inlpedilnlnts to justice which the unfor tunate condition of our laws create. Now, however, when forced to it hly self protection, these companies hiate sus pended operations, people have come to realize that these questions are of public interest. We are glad thie piutlic interest is, arused. If public interest and puhlic sentiment will enforce the correction of the conditions which have Ibrought about this most unfortunate cuhlination, and which have been for years productive of the Inost crying injustices sad tllrirag~' it will do tmuch to restore nIlluorl conll ditio ts. 'rile remedies for the unfortunate con ditions which now obtain can only ihe found ill the removal of the causes which have produced t:hemn. 'these rcmtelits must, to lie sutlliientlly colmpreheislliv,', he providedl by the people and Iib the legislature. They must secure the rilght of every citizen to all impartial adminis tratiini of jistire \Vithot hiat there will he no real si;lion oif the presaint diictulty. The people have 1no1w realilcal that wrongs affectiing imlividut,ls., pr soalni or corporate, mllt3y in the tong rlunl affect the people tluhemselv. 'They have now realiled their interest, and the'y shouldl see to it that ni(i mcre trillilng palliatives should lie regardled as sufli clent. And we will hope. that it will Int lie forgotten that theste companies have rights, andi that those rights. ;and thleir determilnation and ii nfoinCiunt it, are tint to be lost sight of if a satisfactory olu tion is to be found. l'irhaps this may be loSt sight of to slllne e\tenllt ill tilhe consideration of, and excitemelnt c'autl;sedl by. the widespread elfcits of the prt'scutl crisis. It is idle to say that the remedy by appeal is sufficient. The rules and the decisions of the supreme court are such tltat in casets which involve the deter iuitiOlion of coUnt ovrrtedl quest; ions of fact, the sulpreme court loes tii review the lower court where the evilence is conflicting. The supremCe court has satid ihat in such cases the decision of the it il cou.tt Is conclusite. It therefore fol iows as a necessary rousgetullence Ilhat hll andt that the lower julg. is ahsil.,tc. "']tat 11Y ASSUi'IAT IIi t'fti.i.'I. Salt I.ake, ()'t. a7.--Iohn .afc;illisns, vice president of the I'nitI.d (iopper (om pany of Iltutte, laiste last night as informedl of the result of the meeting of thei Miners' union at lIunte yestc,lrday. ays thle Ileral.. Mr. Macit;inniss refused to :tcipt the offer miade by the Miners' union to purchase his share of the loston & Mont ai, stock bc: cause lie said that, although hi( otwned the iostoni & .Montlana stock alutlc, yet lie was interested in so many ways with Mr. F. Augustus Ileinze that "his fight with the Standard Oil men who ccontrol the Antil gamated, are my fights., "I have had several offers for my stock of more than double that offered by the Min' ra' union and have refuse.ld them all." said Mr. MacGintiss. "I look upont the offer 1n the light of a bribe to dlesert Mr. Helnze in his great tight to keep Montana independent of Standard Oil control, po litically and industriously." IMR. MACGINNISS IlENIEI) 'I'IATC IliK L.EF'T' BITi''E FROM FEAR OF VIOLENCE, BU3T BECAUSE 11E DID NOT WVISII TO DEAL. WITl '1111'ill MINERS' UNION 'TlIIROUGII 'TlIE CO)MMITTI'EE TH'IIAT IHAD IIEEN Ai' POINTED. THIS COMM'ITE'IEE, MR. MACGIN-NISS SAID, WAS NOT REP RESENTATIVE OF 'THIiE MINERS OF BUTTrE. RAILWAY MEN HERE BLABON AND WARD OF THE G. N. ARRIVE-J. J. HILL IS TO BE IN BUTTE LATER. J. W. Blabon, fourth vice president of tha Great Northern, and General Manager F. B. Ward arrived in Butte today from the East in a private car attached to the Selar train. They were met at the depot y Archibald Gray, assistant general right agent, and will probably remain here until tomorrow morning. Louis N. Hill, a vice president of the toad, is expected to arrive tonight from tls west over the Burlington and will join the party. There is a report current at reat Falls that J. J. Hlill will arrive there Thursday and come'on to Butte to try to ixediate the differences that closed the Itiaes, but this cannot be verified. KQIG A FELLOW SUFFERER aY ASSOCIATED PRESS, London, Qct. s..-Once again King Edward has shown his sympathies with victims of ap. pendicitls, This time ttl..'ufferer was James iHardie, M. P., the labor leader, who under. went a successful operation yesterday. T'he king today seat a letter to Sir Thomas Bar. low, the royal physician, saying he has a fol. low feeling for all who have to go through an operation for appendicitis, asking Sir Thomas to report the condition of Mr. Hardie and sending thi litter an espression of sym. pathl* becomes of supreme htpnortance and Is i conlliderationl of the greatest ilnomenllt, lnow that these judges are deatling not such caseu there is no righlt of review, merely with preliminary questions or pre lintinary remedies, bit are now dea'ling with the decisive issues and imerits of the cares anld plreparing to try so a111naiy io thtem. At best, the power of the sulprenme couri to correct any inlljustice eomlmitted hy the lower courts in limited, however great many lie the desire of that court to do justice. In a came which was before tlihe supremlle court somlle yea'lr ago ill re ]ation to the Ic Latlter of thel vi I)vis tate ( it Montaina, ja. .1) . in which the court had to deal with lmatllers relating to the alleged bina of the court helow, the court saidl : "We dlieapplrove of every cu.ggestionl nnd clahin that a ju lldge, who is swayed ley pe'rsional bias or pIrejtudiu'c is Ipowerless to injure his fetes or render aid to his friends, tbecaiuse his cerrors can a te cor recleld upon appieal to a supelrior tribunal. There are lpresunptal Ion iin fiavotir oIf aius rulings which cannott hel igntoried, etld heT ican make IIrdr(, which iclannotli ' e dis itillce, Iunless there- has beln 1 gross abuse of his discretion,"' I',tder the law of prlocdulre, as inter lpre-lIl by the . 1preea 1 rt.ttr, it is also in the power of outr tlivrsar;ies' I dei' pIrive these comilanuics of a jury trial tia tiny lcse. At lihe tI e ic ta of it all, so fur as ltre public i s well an the parl its are coneil crnled, lies the great elireiion ofi whether the hill of lRightis of Mncllanta, which aundertakes te t rguaeiantee, in Section (t, A 1 icle III of the' c aions tltieuti , 'l"that coutrt of justicen shall he openl to every person,, and slll a peedy riemey ai lforld ed for every injury of pli son. , prop ctty or charact ier ; tiand that rightl land justice shall h ete administered witl httt sale, denial or delay," slhall ie maude an eITetelie reality for the protee' lion of the whole people, or whether it shllal lie allowed to be a delusiol and a ntiCckery. t'he right of the Amullgauted coan paniiy to holdl 'lock in t'hese eoltpaes, in othlier words, the right of e'xiste-lnce, insa qluestion tlhat it not a mderely ia legal one; it i te ltaig hely of state lpolicy, and in that rest eclis a polaitical all well as n judicil question. Upon the whole case, we conisdentlly ap Peal to the judgment anad sense of fair Ilc.r of the pepcle of MfotttUta. WItLIAM SCA I.()ON. JAMES J. HILL SAYS HE WILL BE GLAD TO SERVE But Committee As Yet Does Not Know What is to be Done. ItY A Fyc'IATt II Pita.-NS. St. Paul, (jct. 4. -Jamne" I. hill, when asked by the Asocitated cPress if he hadl fixed a date when Jhe could meet the ie diation compinty proposed by I'r eidelit Strain of (:reatl Falls, Monti., to adjustl lthe Aaltg;am.atedl - leinze case ill Moutanit1, Said : "I do not wish to say aleything about It. I have not decided oni the date. If I cat do iaty good I will be glad to do so, but I don't want to talk for publicationi, as pub licily might do a great deal of hunrm." "The value of the property which Mr. Heinze thus covertly seeks to obtain by this offer cnn,t be stated off-hand, but it is enormous. For his 100 shares of Boston & Montana stock, and h!s 80 shares of Parrot stock, MacGinniss, Heinto & Co. would goet millions of dollars." From William 8callon's reply to F. A. Heinze. DOMINICAN CRUISER MAY STOP MAIL STEAMER BY ASSOCIATElD 'RII:SS, Cape lHayden, llayti, Oct, 27.--The Dominican cruiser Independence off Pu, erto Plata, the portion on the north coast of Santo Domingo, which point is in the hands of the revolutionists today and prevented the Culan mail steamer Maria Iferrera from entering that port. The In depencia then left Puerto Plata, going to wards the American mail steamer Cherokee coming from Monte Cristi in order to prevent her from touching at Puerto Plata. MINER KILLED IN RUNAWAY Helena, Oct. 2a.-Frank P. Ryland, a miner and prospector, was killed in a run away near Lincoln, in the northern part of Lewis and Clarke county, last Sunday. His neck was broken. The news of the fatality did not be come known here until today, when the body was brought to town. Dr. Otse Yaeger, the coroner, will prob ably conduet an inquest this evening. JOHN F, FORBIS 4 BUTTE /COURTS unsel for B. & M. Says It is Impossible to Get Fair Hearing. REVIEWS MANY CASES Again and Again Has He Been in Court Only to be T urned Down. SYSTEM PURSUED Attorney l:orbis Says Oft en Robs Clients of Right to Appeal. "It wonlil he anlit o tlermils llanlu 1 1 " task l. undertake .i discussiiii i. the uiinsi phlase's l tihe prelsent litigation. It wniddl e eitilher instructivt e n r vlii tertlaiiing, rea'ihtg. There probablly tever hais tten it litigation .here such la vast nlltllnl r of it hau v hu11e1 ir trouitght. i, . of thestn Iae r still pIudling. The ipreteiL.ns of adljusting the rights of the variomiu pirties int Ihte iturtts fare well uildert.r. di Ithitth it it tillth part is k lnown to th tgenerail pIuhlic. Pending Many Years. Tlhis lititiut hats been proceedling now fIr six ;and nu -hatlf years. I)uring all iof this time I have Iiutu ttively engau.g t ini it, ais an ahttorney for thue hlsuton & Mtt ( tuntinl .tl n .agre live.) OTHER BESOLUTIONS Utterances by Union Here tofore Not Given to Montana People. At y.sterdlay's meetihg of the Mioetrs' nllion flh,, vioroull reehlut ollos, not here ItIfre pI lished, were adopted: Wihireas, The miniers f liuIte realize that ,ltustiono s if law iare qtltstins of power, and that the real conditiion of pIw er is vcled in tlhic peopei theClbt IVe; V'lhreai, A weaklness or defect is aip, parent ill tlhe laws of Montana as it re liits toi the condllllct a ld opratlion or ii ;n - ;ucrilenllt of ilndustrial enterpribes, that vitally concern the well beitng of all the people of Mollnitnar; andl, WVherlas, Such w'eakness or defect in the laws of this state has brought disti Yie htjlo the wage earners aiiied is respoin.,ible for tie calamlnitous silllation that conlfronts the entire state; and, Whereas, These defects can only he remedied by that power that is vested in the people acting througlih their duly elect ed legilators or representatives; and, Whereas, It will become liecessary to convi le the legislators in special sessiol to enact such legislation as will be neces sary to relieve the strained situatioul that harrows an entire colnmonw'ealti ; Therefore, lIe it resolved by the miners of Silver low county, in special meeting :sassembled, that they petition and pray the governor of Montana to iiinmediately call an extra session of the legislature, so that as speedily as possible and that without any delay, they may improvise such legisa lation as will accord with the fundamental laws of the state and justly deal with all interests, and particularly have a regard for the best interests of the state and its people. lie it further resolved, That a committee of five be appointed by the chairsman of tils meeting to present these resolutions and prayer of the Butte miners to Gover nor J. K. Toole, so as to gain the speediest retsults, to the end of relieving or amelio rating the grave situation that harasses the tultitude--men, women and children, who aire dependent upon a daily wage for their livelihood. "As to the proposed arbitration, it is one not recognized by law; it would not be and could not be made binding on Mr. Heinze, and unfortu nately would settle nothing, but would only lead to more prolonged litigation and uncertainty."-From William Scallon's reply to F. A. Heinze. OETECTIVIS AT WORK GATHERING EVIDENCE FOR THE COMING TRIAL OF SUSPECT, ISAAC GRAVELLE. Ilelena, Oct. 2a.--Detective McFetridge of the Northern Pacific is gathering in ad ditional evidence against Ike Gravelle al most daily and believes he has a strong case against the alleged dynamiter. He believes that by preferring other charges besides that of assault already perefrred, and having the sentences made cumulative Mr. Gravelle stands a pretty good chance to spend the rest of his life in the penul tentiary.