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The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, November 07, 1903, Image 1

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THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 199. BUTTE, MONTANA, SATURDAY, NOVEMBER 7, 1903. PRICE FIVE CENTS
DEEP SILENCE
AS OF THE
GRAVE
Governor Toole Keeps the
State Waiting for
His Decision.
RECEIEY[S PETITIONS
Listens to Delegations, But
Remains Himself in
Attitude of Sphynx.
SPECIAL TO THER INTER MOUNTAIN.
Helena, Nov. 7.-Still a silence, deep
and profound, hangs over the state house
as to the petitions for an extra session of
the legislature.
Governor Toole has taken no action.
He continues to receive delegations cour
teously, to listen to their appeals for the
extra session, to have his private secretary
file with all due care the petitions to the
same effect, but as to action-there is
nothing doing.
It is reported that to some of the peti
tioners yesterday the governor indicated
that he would not reach action for a few
* days.
News came from Missoula today that
a delegation of citizens of that place left
there yesterday for Helena to present to
the governor a remonstrance against a
special session. The remonstrants, how
ever, did not advertise their purpose ex
tensively. Today a remonstrance, said to
be signed by Missoula people, and of a
character indicated in the Missoula dis
tch, was presented to the governor by
M. M. Joyce, a young attorney in that city
who possesses political ambitions.
It is reported here that Mr. Joyce is
very close to the Heinze political machine
and has the confidence of the Heinze man
agers in Missoula county.
RIFT IN WAR CLOUD
ENVELOPING THE
FAR EAST
Russia and Japan Approach
Settlement-Trouble
May be.Avoided.
nY ASSOCIATED PRESS.
lerlin, Nov. 7.-Th'le negotiations between
Russian and Japan have so far advanced that
the Associated Press is officially informed that
the annotinccnment of a settlement may be ex.
pected soon.
DENNIS HOLLAND LAID
TO REST IN BUTTE GROUND
The funeral of Dennis Holland, who
was fatally stabbed by Dominick Rolando
near the old Lexington mill at Center
ville Wednesday night, was held this
afternoon from the family residence, 117
East Center street, Centerville. Services
were conducted at St. Lawrence church
at 2:30 o'clock, Interment was made at
the Catholic cemetery.
Holland was a2 years of age and un
married. He is survived by a father and
mother, who live at Lake Linden, Mich.,
three brothers and four sisters. The
brothers are Jeremiah, John and Michael
Holland, and the sisters are Mary and
Johanna Holland, Mrs. Janaes P. McCarthy
and Mrs. Kate B3olangi.
The funeral cortege was a long one, and
many beautiful flowers were sent by the
friends of the unfortunate young man.
FARRIS JURY IS DISCHARGED
Missourians Unable to Agree on a Ver
dict in Bribery Case.
BY ASSOCIATED PRESS,
Jefferson City, Mo., Nov. 7.-The jury
before which State Senator Frank H. Far
ris was tried on a charge of bribery in
connection with alum legislation came into
court at to o'clock and reported that it
had failed to agree on a verdict. The
judge thereupon discharged the jury from
further service. The foreman reported
that the jury stood eight for conviction
and four for acquittal, This necessitates
a new trial.
40,000 MEN ARE AFFECTED
Strike of Bridge and Structural Ironwork
ers Ordered.
BY ASSOCIATED PRERAS.
New York, 'Nov. 7.-President Buch
anan of the Bridge and Structural Iron
Workers of America has ordered a strike
the country over on all contracts held 1by
the Iron League of New York. Forty
thousand men in the building trades and
ago buildings being constructed are af
fected in New York, Only a few buildings
in Philadelphia, Pittsburg and St. Louis
would be affected.
DULL IS TO SERVE 20 YEARS
BY ASSOCIATED PRESS.
Topeka, Kan., Nov. 7.-George W. Dull,
who was sentenced to the pen for ao years
for the murder of Dr. Rowland at Hern
don, Rawlins county, April IS, 1goa, will
have to serve his sentence, The supreme
court today affirmed the decision of the
lower court. No motive was assigned for
the deed, and Dull was convicted on
purely circumstantial evidence. This was
one of the most mysterious murders ever
committed in Kanssas
COLORADO SOLDIERS
ARE TO TAKE THE
FIELD MONDAY
ADJUTANT GENERAL BELL ORDERED
TO HOLD HIS ENTIRE FORCE
UNDER ARMS TO MOVE.
WILL RECRUIT CONTIN
GENT UP TO 3,000 MEN
' i View of General Strike of Miners, to
as Inaugurated Monday, Authorities
Think It Best to Put the Troops
Into the Field Early.
9Y AhSOCIATF.D PRFrs.
Denver, Nov. 7.-Orders have been
issued by Adjutant General Bell to every
organization of the Colorado national
guard not now in Cripple Creek to be in
readiness to take the field. It had been
planned to reopen the mines at Telltride
next Monday under military protection.
but in view of the impending strike of
coal minerp the Telluride mine managers
decided to defer action.
It is presumed the troops are to be held
in readiness to proceed to coal camps
where miners will go on strike next Mon
day under orders from the national execu
tive officers of the United Mine Workers
of America,
Adjutant General Bell has announced
his intention of recruiting the national
guard up to 3,000 men.
News from Trinidad is to the effect
that the exodus of miners to other coal
fields has set in. A number have pur
chased tickets to points in Texas, Indian
territory, Missouri and Illinois. Many
Italians and Austrians are arranging to
leave for Europe.
The operators have issued instructions
to their miners to bring their tools out
of .1) workings at quitting time tonight.
Those who do not go back to work
Monday will be treated as strikers. The
strike will be on, to all intents and pur
poses, at sundown tonight.
It is stated on authority that the Mine
Workers' association has large sums of
money deposited in the banks here for
strike purposes, and that the amount is
being increased daily.
All unions in the northern fields will
hold meetings and by referendum vote
adopt or reject the schedule submitted by
the operators at the conference just closed.
The schedule is a concession on the part
of the operators and equivalent to a raise
of from z to zo per cent over the present
scale.
The eight-hour question was well
threshed over in the conference, the oper
ators insisting that they cannot grant
eight hours until such time as the re
mainder of Colorado is on an eight-hour
basis.
BRALTIMORE ON WAY
CRUISER HURRIES TO SAN DOMINGO
TO PROTECT THE LIVES AND
PROPERTY OF AMERICANS.
nV ASSOCIATED PRESS.
Cape Hlaytien, Nov. 7.--The United
States cruiser Baltimore has arrived at
Puerto Plata, on the north coast of the re
public of Santo Domingo. Italian and
German warships are expected at San Do
mingo, the capital. The situation in Santo
Domingo is unchanged.
Clyde Steamer Stopped.
San Domingo, Nov. 7.-A Dominican
warship stopped the Clyde line steamer
Cherokee as the latter was nearing Puerto
Plata and informed the captain that he
could not enter that port. The Cherokee
then proceeded for Samana, and was also
prevented from entering the port, the min
ister of war ordering the captain of the
Cherokee to proceed direct to the capital.
On the arrival of the vessel here the
government demanded that the cargo in
tended for Pueto Plata and Samana be
landed at this port. The agent of the com
pany and the captain of the Cherokee re
fused to comply with this demand.
When the Cherokee was ready to leave
for Azua, clearance papers were refused
and it was again demanded that she land
her cargo at this port. Minister Powell
wrote a sharp note to the government, de
manding a permit for the Cherokee to de
part.
The government refused to allow a pilot
to board the vessel, and iMinister Powell
then instructed Captain Archibald to take
his ship out and proceed for Azua, keep
ing his cargo aboard and landing it at the
ports of destination.
'lThe Cherokee left the harbor without a
pilot,
CHINESE MURDERED
BY ASSOCIATED) H'IES,
Vancouver, B. C., Nov. 7.-Stevenston,
a suburb of Vancouver, was the scene of a
revolting murder during last snight. Charles
Sing, a Chinese, was found dead in a
gambling house which he conducted joint
ly with three Japanese parties, his throat
cut from ear to ear and his body otherwise
horribly mutilated,
The police believe that Sing was the vic
tim of highbinders, but a rumor is in cir
culation to the effect that Japanese mur
dered him. A large sum of money was
stolen from the gambling rooms. No ar
rests have been made as yet.
EPIDEMIC OF SCARLET
FEVER AT HECLA CAMP
SPECIAI, TO TUIE INTER SIOUNTAIN,
Dillon, Nov, 7.-There have been four
fatal cases out of eight of scarlet fever
at Heels, the mining camp near here, and
the people are becoming alarmed. The
four deaths at Heels were the child of
John Flater, two Children of a man py
the name of Bezek and the child of a
man by the name of Hector,
FORCED TO KNEEL
UNDER THE WHI1
HEINZE IS MAKING HIS MEN SIGN
PETITION URGING LEGISLA
TURE NOT TO MEET.
THREE REASONS ADVANCED
Preposterous Grounds Given by M. O. P.
People-Men Sign Rather Than
Lose Their Positions.
Int a nlesperate l clort to offnet the dt
manld of practically the whole tnate for
an extra session of the legislature to erstne
a law to relieve the abtortln.1 and disgrace
ful condition of the judiciary, i. Aug.
Heinze today is enticing his employes into
signing a so-called remonstrance, directed
to *Iht--governenr, against the extra session.
t'opics' of the remlntstratrce are heblg
circulated among the Ileintze 'ropertles.
both mtitnes and smelters, and in the other
industries and btsilnesses which lieitte
controls.
As might be expected, the documents are
receiving tmany signatures. The ment,
whatever their individual opinions, think
it best to sign the remonstrance and hold
their jobs than to refuse and join the
great body of unemployed.
Three Grounds.
The remonstrances, all of which are
practically the same in text, urg.- n1o extra
session on three grounds: First, that it
would be a heavy expense on the taxpay
ers; second, that it would not relieve the
situation, and third, that it would so in
cumber the statute books that it would re
quttire further .legislation and therahy
harass succeeding legislatutres.
As every intelligent mano knows, these
are all futile arganmlnts. The total ex
pense of a session lasting six days--which
is an ample allowance--wouldh not be nlorr
than one-third one day's playroll inl Butte
when the Anmalgamated properties are
open.
That a special session would relieve the
situation is well known. Mr. Seallon's
promise to open up111 the Amalgimoated
properties as soon as legislative action is
secured makes that absolute.
Simply False.
The third argumient is simply a malicious
falsehood. W\hat the state needs is a law
which will insure fair and unprejudiced
trials. One act of the legislature ip
enough for that.
No mnore were needed in the majority of
the states of the union where such a law
prevails; no more will be needed in Moin
tana.
IT ENDS IN MURlADE
BAD BLOOD BETWEEN UTAH M.EN
LEADS TO STABBING OF COFFIN
BY CHRIS PETERSON.
IuV ASSoCIATEtn) ltn.ps.
(Ogden PItah, Nov. 7.-John Cotllin, aged .6,
was btaled and instantly kited last night at
|Huntsville, 15 miles east of this city, by C(It'i
Peterson, a young man of the hetlie age.
Two weeks ago Coffin was arrested on a
charge of embetrihmelnt by Sylvester (:row,
father-inlaw of Peterson. At the trial t'otthn
was discharged as the accusation was ontnf
to be blaseless.
There has been ill feeling sntve ending in a
quarrel and light last night, during whiIa
Peterson seized a knife and stabbelld ('onlt.
Petersoln was arrested and Inoulght to th,
county jail at Ogden this morning.
DEMMIES IN CAUCUS
DECIDE ON JOHN S. WILLIAMS OF
,MISSISSIPPI AS CANDIDATE FOR
SPEA!ERSHIP OF HOUSE.
BY ASSOCIATED PRE:SS.
'Washington, 1). C., Nov. 7.-At the
caucus of the democratic members of the
house today, John S. Williams of Missis
sippi was unanimously chosen as the candi
date for speaker of the house. George B.
McClellan, recently elected mayor of New
York, received an ovation from his demo.
cratic colleagues as he entered the cauecus.
DRAGGED TO DEATH
SPI'CIAL. TO TIHE INTER MOt'NTAIN,
Great Falls, Nov, 7.---The 8year-old son of
W. G. Davis, living near Sweet Girass, on the
international boundary, was dragged to death
by a horse accorditng to a displatch received
here. The boy was leading the animal with a
rope. when the horse ranl away and the rcap.,
catching around the boy's arm, dragged him
to his death.
MACHINISTS HAVE WON
POINT WITH RAILWAY
Missoula, Nov. 7.---George McKenzie of
Livingston and J. A. Taylor of Missoula,
president and vice president respectfully,
of the lodge of machinists, have returte I
to St. Paul where they laid before the
master mechanic and other officials of the
Northern Pacific the grievances of the six
machinists who were laid ofT here last Oc
tober.
They secured the reinstatement of the
men and the comtpany agreed to pay them
for the time they were laid off. Under
the agreement between the company and
its machinists here it was provided that
before laying off r'men on account of slack
work the company woiuld redimce the hours
of labor.
In discharging the six men instead of re
ducing the time as had been done at
Butte, Spokane and other shops, it was
contended the company had violated its
agreement. The officers of the lodge made
such a strong case that the companiy con
ceded the point and there is genSial re
joicing among the machinists,
Beautiful in Mi'ohiar. '
Detroit, Mich., Nov. 7.-Thle city ex
perienced the first snow storm of the sea
son yesterday. At Port Huron and other
towns a foot of snow fell during thb day,
VYICTIMS' REMAINS
BROUGHT TO BUTTIE
BODIES OF FOUR MINERS KILLED IN
THE KEARSARGE HAVE AR
RIVED IN THIS CITY.
FRIENDS GATHER AT DEPOI
Later Reports Give Total List of Dead
as Eight-No Cause for the Fire
Has Been Given to Public.
With strealtting eyes al| grie'f strickrin
faces, the frirnd tand relatives oif the ill.
fated iiieni who were killed in1 the K ear
sarge mine yesterday at V\'irginia City gatht
cred at the Northern Iacific depot this
aftler1noonl to Imeet the tbodies.
Four casket., conttailinlg the hboditis of
R. II. Turner, \\ illia Fhlinig, John
'Tohiin ail Jiames Powlers, were ont the
train1 which came from L.ogan to Btutte.
I'he train which is due to arrive in ll Itt
at i :.ito did not get here until t::So, A
great crowd galthered at the delpoit -andi
waitedil ptieintly. The stnlfortunate mei1
were well known in Itutte alnd httundreds
of friends assembled with the relatives to
ipay ii a lulte respcct to the dead.
Mrs. Turner's Grief.
Mrs. 'tuorer attd her i year ,hl son
irilaccompanied the lly of the late bustatl
and fatlher. Mrs." Turiner w;,as ahlost pros
trated with grief. She was nmet at the
depot by several frienls with car, inges
with whom she will stay for the next few
days.
The hlady of Mr. Tl'urner was takenl to
lichards' unlertakinig esthablishulnt. where
it will hie enrhalied Iand sent to Ielnver
for hurial.
Tom Flylnn and Andy ('urry rtlile with
the lidy of John 'l'iiin. Flylnn waS at
the mine wheln the fire started. lhe did
1,'It go inl(o the tunn1111el, bill helped take the
lbodlies out afterward.
He Fought for His Life.
Ie statled that T''oin made a desperate
tight for his life tutd had reached a pointiI
.. .ontinued ,n Page hive.) ......
CHASE WHITEWASHED
GOVERNOR OF COLORADO HAS SET
ASIDE VERDICT OF COURT
MARTIAL ON GENERAL.
BY ASROi'IATh.D I'au.a.
Denver, Colo., Nov. 7.-(;overnor Peabody
today act aside the verdict of the courtmnartial
which found Irig. Gen. John Chase guilty of
disobedhihce of orders and sentenced him to
a dishonorable discharge. The governor de-'
cided that the findings of the court were cor
rect, hiut oin account of the general's pirevious
good record, restored him to duly na com
mander of the National (;uard of Colorado.
I'he charge of disobedience ol oirdersi was
filed against General Chase by Adjutant (ell
eral hlell, who isild nll executive order at
('ripple Creek, which was disregarded by the
cotnin.ii der.
t;iteral ('hnle attempted to jul ly hiti
action onil tie grounlld that lmnny "malimlllldfltlulred
execulive orderl." had Ibee is1auiid, ianI ii. wia
in doubllt as to, whether the lirdr in ll r nel tii'
really calle fr.n the goverolir r o ur lt.
NELSON SURRENDERS
SI'ICIAl. TO I 111 INI IIl M IIN'IAIN.
(ilansow, Nov. 7.---I'har.rk Nelsn, rrllp el
Itw." rds h1ave hlice, issued, hs uotlled to
town and al r'. lltrlflhl(. lie says hie has hie,11
o. n flrnl ill Mtinnelllh lha.
Ihe denies h "ay connerlion wilh the outlaw
ganlg iif;that Ia Ih illt optralt ng lll lth of lit're
The llcounty conIIIiI n.I.iOrI s rIctllly oltfcrtd aI
rewaird oIf $3l, for the callptulre of eIach IimbIllr
of the g:ng.
Nelson anldl the others are charged with hav*
ing kidnaped IFralnk Kinig suml* lime ato 41 ld
h,1hl hit pris'.oner lt prevent his going; into
('anarlad to lesify algahint onlle rf their" ganl.
Nehlytl's h,,nd, hav~ been fixed at $4,,.'. lprndl
ing trial in the dlitrict court for rolhbbiry.
BONDELSWARTZ ATTACKED
WHEN THE GERMAN FIRED
Commander of Kaiser's Garrison Is Said
to Have Started Trouble Which
Led to the Massacre.
IIV ARFOIO'IATEII PItISR.
Cape T'Iown, Nov. 7.- -A (;erman mis
sion;ary frIont )emaralantl reports that
lieutenant Jolst, cotlnlandant at at Warm.
had, ordered the Blondelswartr, to deliver
tip their rifles for registration.
A deputation of the natives met the com
mandant to discuss the matter and an al
tercationI arose. The coimmntandant, bIe
comning incensed, shot the lonldelswartz
chief, killing himu. This led to a general
attack by the natives, in which it is be
lieved that i~ of the soldiers in the gar
rison were killed and that few escapetd.
The Getrman consul here declined to give
any it fortlation.
Garrison Attacked.
L.otldn, Nov. 7.--'he Cape Town cor
respondent of the IDaily Mail reports that
the (;eirman police post of Usibis has been
surrounded and the garrison mlurdered
and that the G(erman:l garrison of 60 white
,soldiers at Keetmallslhoop have been at
tacked.
SPANISH WAR VETERANS
AT DUDLEY FUNERAL
SPIt'IAI. TO 1THE INTIER ,MOUINTAIN.
,Dillon, Nov. 7.-The funeral of W, J.
l)udley, who was killed in the Indian
mine on Birch creek this week, was held
this afternoon front the Presbyterian
church, Rev. A. 13. Martin officiating.
The veterans of the Spanish-American
war who fought in the Philippines with
thi deceased ;when he was a member of
Company E, First Montana, attended and
gave the dead a military burial.
Snow in Ohio.
BY AISOCIATED PRaESS,
Cleveland, 0., Nov, ,,--Snow fell at
many points throughout northern and cen
tral Ohio yesterday. In some sections
three inches of snow have fallen.
PRESIDENT'S STAN
OF COLOMBIA, I.
FIRST DUTY OF THIS COUN:ý IS
TO SEE THAT TRAFFIC q,'
ISTHMUS IS FREE..
AN OLD TREATY HOLDS
AMERICA TO SEE TO IT
Battleship Maine Hurries to Colon to
Augment Squadron-New Republic
Has Appointed a Minister-Colon
Rejoices at Recognition.
Washiigton. Nov. 7.--'lhr .scr(etry of
istate' yesterdIy tiuhide the fIolhwisng svate
flment in regard to alTirs on the lt 1iimus
of I'.tiaiti :
"T'he iaclinlll of ithe pir'sildent in tilhe
;Panalila; miatter is iiit ontly iln the strictest
accorldance,' with thle principhles ti justice
fad equitiy ild in line with all the hest
precedents of our titphulic policy, ibut it wiasi
the only coutre hie cuIuhIl havei taken in
complllllianc e'' with oullr treaty rights :ail
oblig:tions. Ily otllt Itrrety et e.red into
willth Ne'w I retiila in the year IHN.l, New
(retnldla gia rtirtiIt tihat tile right of way
or trallsit l arol s l thl Isth,. ts iif lainlaIi:,
upon anlly est n of r nn nunieint n Inat
lnow exist, or tlhalt nmy lie hi'erlaIter coll
govllernlll nt ill eiti.enx if the nllitre
"'hi'is is ait right which we acquire.l by
the trl at y, not gratuill tously .fr trte , lut
in retirt for mtl inllortant lcompensation,
for in the slint r atticle tihe giovernment of
thie ulnited States gIatoranitees lposlitivesly
iiand efticaiioiiisly to New titnadi, by tile
present stipulation thlie erfect wutrality
of the hiefore ienltioled istllints, with the
view that lthe transit from the onlil to tIhe
otllher sea may not le interrupited or eni
balrrssed in llliy future timlewhile this
treaty exists land il consileqlueltne' the
lnited States guarantee in the lisame man
nter the rights oif sovereignty alll property
which New I retnadta has iiland posseses
over the territory.
"The close iilnetcrtionl thus creatied. lie
tweend thi two govtrllltilents was well set
forth by President Polk in his immessalge
transtiitting the treaty ito tlhe seniate. lie
said:
"The illmortantie of the conce.ssion to
the coitercial anl d plolitical inlterests of
the United Stlates cannot hie overrted.
The route by the Isthiis of lPaniaa is
the shliortest letween the two oceati, aind
from the informatlion herewitlh comimunl
cated it would seenm to he the most prac
ticable for a railroad or canal. The vast
advantages to our commnerce which would
result fromt such it communication, niot
only with the west coast of Amiericn, but
with Asia andl the islands of the Pacific.
afire too obvious to require any detail. Such
it hlissage would saive its from a it long andl
danigerious navigationi of miiore thilia i,lOui
miles aroutil the Hlorin iial rlender our
commutlnicatiol with our p.osessions till
the northwest lcoast of Amellirica el ipart
lively easy anld specily. The treaty doies
inot iipropoise fit guaraintee ia Itreaty tol a for
eigil nation in which the nliteld Staites
will have no coilnllto initeret withI that
nation. l()i thlie cllntriry, we are more
deepll y anid dilelily iinuters.tld ill tlhe suilb
jectl of the glitaiteei than :ii New rireiniula
liherself I r aniy lother clultlry.
"IThere 'onsiderationls, Iit' ciontrolliiq
Iattre of which were. oitm i i t.l:!,ieel .o
liiig ago, have hiecomie mre oll ire im
poritant in every year that has i hal,'led nislce
thi treaty was written.i.
"Our li uisitiioi t of it lif a ii i nil Ilse Phil
ippiiiis has given themii a ret:itly enhancedil
validity. Theli ilrol, ii the ilnterest it
comiiliirlce ariI tritfie of the whole civiliied
world oif the miieansii of lullisthur!ed iivnuit
... . .ud i f t V l.
CUBA MAY TRANSFER
GUANTANAMO TO
UNITED STATES
Should America Accept the
Application, the Deal
Will Be Effected.
DIY A :O;iIAT''I: PxFR S,
Havana, Nov, 7. 'Thle (Cubani governmnt Ito
lday handed to I'niied States .Minister Squires
an application which, if accepted by the Initted
States, will result in thet immtediate ttrnmig
over of the (;~llltlllli olll.o vermlllent to the
I oiltd 'ulatii
14 YEARS AGO TOMORROW
MONTANA BECAME STATE
Ilciena, Nov. 7,- IFourtien years ago to
morrow Montatna dropped the garb of a
territory and assumed the hahitlimlntts of
a state.
It was on November 8 that the state of
Montana becamel a fact.
Governor Toole, in speaking of the anni
versary of the state's admission, said that
he favored the legislature making some
sort of provision for observance of the
day and he may mlake a recommrendationl to
that effect to the next legislature.
COURTNEY LETTERS OF
ADMINISTRATION FILED
Special letters of administration were
filed in the district court today in the
estate of 'r, F. Courtney, deceased, The
special administrator named in the letters
is Thomas S. Hogan, Besides the letters,
Mr. Hogan files his official bond for $u5,
ooo, The United Statu Fidelity and
Surety company is the surety on the bond,
WEATHER-Waahingten, Nov. 7.
The weather indications for Montana
are: Rain or snow Sunday, with fall
ing temperature.
SENATOR WINS
ACTION ON
TIMBER
W. A. Clark Secures De
cision in Suit Brought
by Government,
OPINION BY COURT
Judge Knowles Attacks the
Testimony of Witness
Griswold in Case.
judge I1iratt Knowles In the I'tileit
Sltates 41n111.1 twIl.ly hatdtil du1 Wnl i II e tllhy
of :n1 it h the casl of it th nitedl States
V4. St hnator W. A. t lark. The opinion
exotlerate.s ('lirk frotmll an)y Mallit of fraudt
challrgted ill etltectionl with the pulrcha.se
of II. tilll er claimsl iln We' te, n lll Mont .\ lan .
Thel contplaint ofi the Ittiteil Stat.ts set
up that the ,ate llt to these chiles he
set aside upont the grtitil that fraud had
hoerºt cunilhtd by the palmte-t.- named in
the Itents in procuring tile issue of the
sctle.
It wa:n c;limlled that these patentlees oh
tained thcse patl.nts for timber lantds under
the act t1 JIIunte ., 1IH7, as i tlnet ulst hy
thI acet It Aungiust .4t, ;l.. itd after haI
ilug wtade final proof upont thteir entries
andl having tecc'ived cerlilficateI of ,pur
chase fritit the proper iflicers of the
Ulitted States; land oflice for the districts
in which their eveCral entries were situ
ated, 'rnllveyeid the samte to one Robert
M. ('oliltan, who itn turn conveyed the
same toi Mr. Clark.
Mr. c'lark in his answer thtinedl to be
an innocent purchaser, anId denied any
intent or knowledge of fraud.
In handlitg lownl his tdecision, the court
recited the fact that Mr. c(lark Ipurchased
ithe lalnds from Coithan, andil stated the con
tention of t the governmentt that the clauims
were purchlased before a patent had ilsued,
anld that on account of this fact Clark
could not lh a blna tide purchaser and
wai chargeahIle with tnotice of certain
frauds alleged to have been comlnitted Iy
the piatentees.
tinder tile practice of tlhe land depart
itent of the United States, any allowance
of enltry for palent can be recalled fbr
sufficient reasons at any time before the
acltal istsue of the patent therefor and
the entry of tile aplplicant cancelled. Any
one pItrchashing froilt an coltryman who
has receivetd his final certificate of pur
chlase oily tnpurcheass suchtl interest in the
Ittla as thil' entrylllan has:, subject to the
right of thie landl dlepartment to review its
action awl refuse to, issue l'he patent.
'his maltter w\as cited as appllying to
Senliator ('lark, bIit the court dectidetd to
,lay that iiit th : else at bar the lattl de
ploin itl hail mi:le Ino withdrawal of its
appro Ival of the right of the entlrytoietn lto
a ptent, buit tnlt the contittrary isstue, a
ptlit tito eacI h of thiel, tiltal Iconvertd a,le
oilher wise' cfuitalle title intol a full, legal
titlh', aid ml uer tle laws of Mriltana their
actual acuitired title tetitredi to the bellefit
of the defeindatt, ('talk.
'll, court rcited the rule laid ldown by
lthiie ited States ve . Maxwell Landtl ;rant
colpoauy, t.t U. S. . , as to evidence
"li.'.: y to ailthorit a court to set aside
a pi tent. ' hii taile was virtually this,
thalt wi n iin a iuerIt of equity it is pro
pro ' d to i,et silde, to t annul, to correct a
wriltl i trltu entllti , foi r fraudtl or istake iºi
the ixecutioni of it huie itrutnt itself, the
itih:u .llny whimh this is done mtust be
it clilnot hLe dine upont a hare prcpoider
ance of evihdei , whichl leaves the issue in
doubt. Ionly the class of evidence which
coilandl1s respect anlld that altmunt of it
which prlltuce+ conviction, shall make an
attetmpt to set iside stuccessful.
Griswold's Evidence.
Tn treatitng the evidence of (;riswolJ
the court said:
"As to witness Griswold, who was cer
tainly i:a mot wilhling witess for the conm
pliiint, th. t ilst prlactice as above was
observed. It does not seem to the that
in i.tc siderittg a ca.,e like this, utiler the
rule laid down in the Maxwell land grant
case itl lra, his testimony ought to be
given any weight. According to his own
admission s he hIad wilfully, deliberately
anll corruptly sworn falsely as a witness
for sotite of the entrymcn and cntrywomen
who made proofs in the land office; he had
also made uan affidavit contradicting his
evidence as to the agreetment with Cobban,
which agreement he previously claimed
hald authorie, d him to us ake contracts for
the purchase of their lands with tlhe een
trymen and entrywm.nii before their final
.proof wa. m:lde in thie lant office. His
pien , r' reputation for honi..ty and truth
fdlnees was attaekcd by respectable wit
lnesses inl this court, "ind he did not sumfi
ietldy rebut this evidence. It was shown
that he had received moley from parties
to supprerss evidence regarding illegal cut
tig of tif tier upon the public domain. It
was alo shown that he had received as
lt'an|cess fromt governiment represa.itatives
that should he furnish testimony as he
had statd, he would lie given public em
ployment.
They Deny It.
"If we are to consider the evidence of
the entrymen, we find that they pesitively
deny having made any contract with Cob
ban to convey their land to him.
"Considering the re rule as to evidence
necessary to establish fraud In such cases
as this and the rulings of the courts in
cases cited, I am constrained to view that
it is not estatllished that the entrymeni and
entrywomen and Cobban committed the
frauds charged in the bill, For the above
reasons the hill must be dismissed,"
The court rendered several minor de
cisions concernitg motions to strike and
demurrers to motions, etc.
Judge Knowles' leaves today for Mis
sosla, where he will remain until Mon
day, when he goes to Heleuia to open cout
Tuesday,

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