Newspaper Page Text
THE BUTTE INTER MOUNTAIN
VOL XXIII. No. 100. BUTTE, MONTANA,MONDAY, NOVEMBER 9, 1903. PRICE FIVE CENTS SURVEY ORDER DECLARED LEGAL Supreme Court Decides B. & M. May Go Into the Workings. COURT DENIES WRIT SupervisoryControl Which Heinze Sought Was Turned Down. WEEKLY INSPECTIONS B. & M. May Go Into the Mine Regularly Until Further Notice. SPECIAL TO THE INTER MOUNTAIN. Helena, Nov. 9.-In an opinion by Chief Justice Brantdy, the supreme court today denied the writ of supervisory control asked for by F. A. Heinze to set aside the order granted by Judge Clancy and de cided that the Boston & Montatra should be entitled to permission to survey the Min nie Healy through the Piccalo and ,am-u betta workings and accordingly affirmed the order of Judge Clancy granting the sur vey. The B. & M. is permitted to survey all openings into the claim excepting the one extending to the south and into the Snohomish and Tramway mines. The B. & M. under the terms of the order is per mitted to make weekly inspections until the appeal in that case has been decided. Court's Opinion. In the course of its opinion the court said: "It appears from the evidence that work is being conducted in the claim and that development is constantly taking place. Openings made are timbered go that they may not afterwards be examined without difliculty and expense. Some of them are filled with waste from time to time and the facts and conditions shown by them thus escape attention. "This condition of things has existed since the dismissal of cause No: g16i, since which time the defendant has not been able to make weekly inspections authorized un der it. "Furthermore, it appears from the evi dence that the initial point from which sur veys and underground workings are made, shift their positions from time to time be cause of movement of the earth or are destroyed by mining operations and then it is impossible to take up a survey after it has -been. discontinued for some length and make the openings which have been made in the workings in the meantime ap pear as extensions from any former sur vey with any degree of accuracy. "It does not necessarily follow that be cause some of complainant's witnesses tes tify that the vein in controversy passes out of the Minnie Healy ground at the 3oo foot level and is wholly disconnected with other veins in the Minnie Healy ground, that the defendants should not be per mitted to examine such workings and de termine for itself whether or not these conditions actually exist." The decision says that it is perfectly legal that the employes of the B. & M. should be allowed to go in through the IMinnie Healy as the only means of ingress and egress. In conclusion, the opinion says the B. & M. must pay the cost of inspection. IN ST. LOUIS FAAUDS BY ASSOCIATED PRESS, St. Louis, Nov. 9.-John R. Murphy, clerk of the St. Louis court of appeals, denied as forgeries the signatures to 1o naturalization certificates shown him at the trial of the naturalization fraud cases. When asked in whose handwriting the al. leged forgeries were made, he said: "To the host of my judgment it is the handwriting of Thomas E. Barrett." SLEEPING GIRL HAS EXPIRED For 47 Days She Remained in a Coma tose Condition at Hospital. BY AssOCIATED PREss. Salt Lake, Utah, Nov. o.--Diecssie Knecht, the "sleeping girl," whose case has attracted so much attention in medical circles throughout the country, is dead. Miss Knecht was taken to a hospital last February in an unconscious or sleeping condition and for 47 days she remained iu that condition. Later she partially revived, but soon sank into a comatose condition again, and never fully regained consciousness. ADVANCES HEARING TO JAN. 4 U. S. Supreme Court Will Take Up Northern Securities Case. DY ASSOCIATID P11ESS. Washington, D. C., Nov. g.-The su preme court of the United States today granted the motion recently asked for on behalf of the state of Minnesota to ad vace the hearing of the case of that state vs. the Northern Securities company and named January 4, after the other cases al ready set for that date as the time for hearing the case. WEATHER-Washington, Nov. 9. The weather indioations for Montana for tomorrow are: Rain or snow with rising bmoerature. COAL MINES DARK THROUGHOUT STATE NOT A PICK SWINGS IN COLORADO TODAY AND TROOPS ARE HELD READY TO MOVE OUT. EFFECTS FELT IN THE CITIES Denver Will Want Coal Very Soon Utah and Wyoming Camps Are Not Affected So Seriously. RY ASSOCIATF'D P1:ES, Denver, Nov. 9.-lInftrmation received from the coal fields of Colorado today In dicate that the strike of the coal miners will be more extended than anticipate~. It is reported that the order of the execu tive committee of the United Mine Work era of America, declaritng a strike in I)is trict 15 for today, has been obeyed in Colorado almlost to a man. Certain mines where it was confidently believed a sufficient number of men could be retained to operate them, have not enough men today to make a showing. In the northern fields, where the tnc; decided to strike upon their own relt endum vote, because they have not been granted an eight-hour day, the walkout is complete. Unusual precautions have been taken by the sheriff of Las Animas county, itl Southern Colorado, where it is feared trouble may break out at any time. It is reported that strikers have threatcne.l vio lence if they are ousted from the cottages of the Victor Fuel company and the Colo rado Fuel & Iron company. The state troops are being held in readiness to re spond at a moment's notice to a call from the governor. Already the effects of the strike are being felt in this city. Practically all the dealers announced today that they had no coal. At the retail offices of the Co!orado Fuel & Iron company orders were taken for not more than one ton from each cus tonmer, subject to two weeks in delivery. No Strike. BY ASNO(I(IA1E I'HEIRS. Cheyenne, \Vyo.. Nov. 9.-Union Pacific officials announced today that no strike has occurred at coal mines along their lines. D;spatches from lHanna, Cum.,:r land, Rock Springs, Spring Valley, 1)ia mondville and Cambria say the miners are working as usual. No Trouble Expected. Yl ASSOrtlATEt.) PtittS. Salt Lake, Nov. 9.-Reports received today from all the coal mining camps of this state, including Sunnyside, Castle Gate, Clear Creek and winter quarters are to the effect that no strike of coal miners has taken place, and no trouble is ex pected. Few of the I,goo men working in the coal mines of the state are affiliated with the" union, and one of the principal con tentions of the strike in other states the demand for an eight-hour day-is re moved by the fact that an eight-hour law is in effect in Utah. FEAHE ITHE KAISER IS IN A SERIOUS CONDITION Berlin Physician Says He Is Doing Well, But It May Be False. DY ASSOCIATED I'RLSS, Berlin, Nov. 9.-The latest news regard ing the condition of Emperor William is that it remains satisfactory. lie worked several hours this afternoon on state busi ness and wrote a long telegram to King Edward, congratulating him on his bitrh day. Professor Bernhard Fraunkel, the emi nent throat specialist of Berlin university, in an interview today with the correspon dent of the Associated Press said: "l'he public concern about the empcer or's condition is unwarrantcd. The facts are absolutely as stated in this morning's bulletin. The people are only agitated be cpuse they remelmber that the first reports about Emperor Frederick did not disclose his true malady, but this time the bulletin is correct. You can reassure America." May Be Serious. New York, Nov. 9.--lnformationn con tained in private dispatches received here shows that the operation on Emperor W\il liam is similar to the first one performed on his father, and consequently causes concern to his household. The official statement issued by the surgeons fail to reassure because it is well understood that for reasons of state the emperor would be given the benefit of any doubt as to the true character of his disease. It is recalled that the surgeons at that time made nothing of the first operation on Emperor Frederick. There is anxiety because both Emperor William's father and mother died of cancer and his grand mother, Augusta, also was so afflicted. The emperor's aunt, the grand duchess of Baden, as is well known in Germany, is suffering from the same malady. It will take months to decide whether the fears now entertained are unfounded. At present the whole weight of scientific authority which is in attendance upon the emperor affirms that he has not cancer. HE GETS TWO YEARS sP'-CIAL TO TIE INTER LMOUNTAIN, Bozeman, Nov. 9.-H. C. Baldwin, who stole some clothing from a room in the Bozeman hotel and skipped to Livingston, where he was arresied after stealing a grip, pleaded guilty In the district court today to grand larceny and was, sentenced by Judge Stewart to two years In the peni tentiary. HOUSES CONVENE 10 CONSIDER CUBAN RECIPROCITY SENA , AND LOWER BODY BOU QUETED BY ADMIRING FRIENDS -VISITORS THRONG HALLS. SENATOR HANNA GETS A STRIKING TEST1MONIAL Irish Democrats of Cleveland Send Ohio Leader Floral Tribute to Show How They Feel Over His Great Vic tory in Buckoyo State. bl1 A ..'OiIAIiD 'KIR'.S.S. Washington, Nov. q.--Thq 58th congress conl\ltnci in extraordinary session at tinoon todainy in accordance with tihe proclnltlatiotl of Presicdent ,Roosevelt for thle purpose of enacting legisiltion f(cr imaking ef'ective tihe Cubatlnll reciprocity treaty. The house assemlled the largcnt Imemn hiership in its history. The scene before the gavel fell in that body was one of ani ntation, both on the floor, in the cla,. rooms lcland i the lohies andl corriclos. The day was cri.p ancld bright ancd the' capitol buildling presented the appetarancei' of a new structurei, w it ts coat of white paint and complet e rentovationl witllin. ('lowdit of eager spectators, Iath- menliii and wolmeni. thronged the corridlor.c atltl rotunda of the rapitnl early in the dbya, nidI the galleries. to which anidtjssiint was had by card only, were taxed to their captacity long before the hIour of assetmblage oa rived. Mlany high olicials of the giovern ntent left thei' desks to \itllcs.s he olpe ing of lhe se.sion anil grt t their legirla tive friellds. Mlany strat ngrs in Washiii ton had their lilat glimpses of coniigres while the caplitol was the ii'ecct ( f \Waslh ingltonlians. C(olmittee rooms. which had b:een ii' the hanlds of the renovator diiing ot recess. were tlhro.n open aIlad imany In, formal recepltionsi were hehl by phlhitltr chairmen. Witli thie slwpkershiip clcestion out of the way ill the universal indirst Ilient of Mr. ('1'ica . )llthere wcas nothlicg ti worry the hcgisclatiie mind. andl the day was given upll to the senlltiment of the ocC.. sion. Many ha:lndsomie oral fributles to lei'm hers were borne in tlt..sual profusims' to the lobetlls hIsck of Ibth the vr'alte accl the chalmbers to e Iplacid later on Ithe desks of th.e IiiIclembers. . The In.iv cll.cil ers of tile house rec'eived their iciliatiion toi doorkeepers and house,' tiployes tacl tltmany were turned back for identiie:tioht bie cause of their slight heasita;lioi on pre. senting thcmsclves for acl1iasiin. Stith incidents contri:ctccd to the general livel. auiac:tiol and kood htlumor (of the occasion. In the Senate. Washington. 1). ('., Nov. q.--With the galleries crowded, with Ibc chaul.cer ai mass of elaborate Iloral tributes ail'd ntearly cvery senlator ill his scat. the gav:1 of Presicdent Protei Ie crye sounded at Io10011 todaiy, calling the seniate togRthc r in the seeouil extraorclinary scasion of the Fifty-ieihth congress. The special sessioln of the scnate' fol lowing the adjournment of the Fifty seventh congress eliminaltedct luch of t11': routine work which would otherwise have been profoutld tociday. New secnaor8t bad golne through the formality of takiing oaths of office, se:ats had lbenrie assignl1 andl with the exception of: the appoinJit eIInlnt of Sc:ne vacanicies nll fuictiot.s of I(1con ictu d n Iga ' . i A. F. OF L BEGINS ANNUAL SESSIONS MILLER CASE, AT WASHINGTON, IS AMONG THE MATTERS TO BE FORMALLY TAKEN UP. CHILD LABOR AND 8 HOURS Question of Affiliation With Political Party Will Also Be Considered During Present Session. fY ASSO('IAiTED I'PI.S., Boston, Mass., Nov. 9.-W\Vith an assent bly of delegates nt:mncring nearly 500, the American Federation of l.abor today opened in Fantit l hall its &3rd annual convention. Although the subjects to be taken up at the convention had not been announced, labor leaders say that the meetings are expected to prove among the most important for the consideration of problemns arising out of the relations of capital and labor ever held in the United States. Nearly every delegate inicluding Presi dent Samuel Gompers andI John Mitchell, the president of the United Mine Workers, has arrived. The program for today's sitting includes the usual formal welcoming of delegates, the appointment of committees and the presentation of the representatives of some of the principal officers. D)iscussions the delegates have indulged in since reaching the city indicate that among the importapt questions to be considered by the convQin tion will be whether the federations' affiliated members shall ally themselves with any particular political party. Child labor, the eight-hour workday and the "Miller case" at Washington are also expected to come up, YOUNG FILIPINOS ARRIVE Are to Be Eduoated at Various Colleges In This Country, BY ASSOCIATED PRESS, San Francisco, Nov. ,.-On the stear ' Corea which arrived today from the Orint were 96 young Filipinos, who have been sent to the.United States to perfeect their education. They have already been as signed to various colleges, with a large pro portion going to the University of Call fornia. GOVEARNOA TOOLE IS STILL UNDECIDED AS TO COURSE PETI1 IONS POUR IN FOR THE AS SEMBLY TO TAKE UP CRISIS THREATENING STATE. CHIEF EXECUTIVE, HOW EVER, IS YET IN DOUBT Probable That Several Days Will Elapse Before His Fiat lI Issued-Soveral More Counties Have BHon Heard From Tod-y. 8PIt'IAL. 10 rilEl INTit Mi1t.t S . Ileleia,. Ni iv. ,.-- iunlay hiiu l htl a I rge iuitiher of petilition to thte giovernor in fIt vor o, ii special niotln. There mtlllI have hiiin it isot .rio. A numiblier mortre a rivetd ttthlo . The maijitrity of ihle petition, elme rnI ,t 'asciatlde, l'letol alld chotllottenu noinl. tirs. The ljat petitiont fmiot L.ewia anti I lark. conmtlv i-naet todliy.. It ias ftrulll resid',entcr Of I r,tig. wo til.1l tlle goKvror it rnil the legiilat ii tligither. 'Ill lo vernor retiini Iloull co llllliini ial .in the ititsi,.l i if ri'lli lig the legilal ire or refutilog to idi .ii. Iht sail ttlolay t!l.t he e)xprllted toI walit to Kiv' all ior, .tiis of the tll n achanee.o ti Ie heard.rl orin the tetitir iif thr giiietririr remarka i! Iclk. as Ihoililh it w hllil I, be ' 'erall hllys ,itre- lit, wiiihll decide whit lit ii glinig to \ i tie t h iut hu f I tlh, I r:lti & L. or ati .ialily i week tipi r I "'Ill), Ihait holy furi nhrii eidlli ; resllities It ii s io v ierniil that he i -til l sicinl .ve..ioni ,1 l eth ;ita. Ic i t h.it l w ii fi i , xi.tiuij lillllill inle t rhltlti:il cto ilitino i in the • !,il·.. TI iii waia fti'wiuidled ii Ih hlenia. AL the reenlallr meit'lliil; ofl lithe il.,. mlly lastl nightl r, il llle li, lle t.ll tu i lli. itll II at t o' r Ho llinlllli.te: , or pe rl. tolll n. l, ereI I m sl c edll Ihl SAY PROTEST WAS NOT MADE BY ALL MEMBERS 1its.Jil. Novt. ii.- l'lIre ia troulle Ilhrce ilut thin rehltitrallc stent from here to ii' jllrl r tl. ly illc t iig all iil . S," iOE i ' pur Jl rlg l l lhave Iu , Ilis.ll by the A. I.. LX So. 4.1. it iis Clillnil tlIt t:llihe affair wi s a(litt \?:hout tht kuttiwlnlgi itf, a tn iijtirite of I!·l mo hrlrrl r.. A Ilrilize adhellr,'t t had( ai aitl if thu e rts uttiti- ittl this, were sigi.'i antI iiveni ihe vial ii ithe irihir Shiti tl ily 1 .iw iltlcnhmirs welre- irrstt. tlyt t ei igl , ; tu it i liiis ItItt irxllt ss tihe teti s itti i tt of the atit-tim iers tiatni tif wit tet i, t It.htoia l ike th taco iltriaitit. f lie at it i if iit-hle .iv .-s Thii i th t t.rc.- itr ext lh. rit, tnlitulrance iii te g.ierl tutr. DIVORCE CASE OF LONG STANDING IS DISMISSED I ln e I 'latohy this mlOrulinig ui hle, anll t1I ii.al oirder in a divorce cate. 'I i ciJorce, case wv.':, that of Frank I)turail :ti,,!st iimia tDurand, and it had ibeent st:.iilit :g in tlil' tc rt fur 15 year s. I'le order was antde tupon the apiplitcn ti,, i of Attorney II. L. Mairy, and although the .ane long ago rieached tih poin,t where a jitulgnenit of divorce was granted I)nr:tnd, the order dismissed theit 1uoit lld left him in the positii of stil l,. ng married. T'he lawyer stated to the court that no jt'gttnt hriad biein entered iin the cast. i,. I tur:niltl, and .that the law provitled that :a case may be( dslissed upon the Iat plication of the losing party, wihere the iucc,sfltl ionte neglected for six m itlth. to tLeter a judgtient, as a t Iura ld. COLOMBIA HAS FILED A PETITION WITH GOVERNMENT V\ashington, I). C., Nov. ,--- It was Iiiar nd in oflkial circles last night that the government of (Colonmbia has lodged a lrotest with the United States in con ntction with the events that have taken place on the isthmus. Thoe terms of the protest could not he ascertainoed last night; but it is known that strong objection is made to the alt titude of the United States in general and against interpretationts made by this government of the treaty of 1846 between the. United States of America and the United States of Colomnbia. The state department has the protest under consideration, but the nature of its reply, if any, or the time when it will he made, is not known. Other than admitting that such a docu ment had been filed in the state department, the officials there would say nothing about the matter, TRIAL JURY JS AT WORK Judge Harney Takes Up List of Justice Court Appeals. Judge Harney this morning impaneled a trial Jury and began the trial of justice court appeals and district court suits, He it expected to clean up a lot of actions on his calendar. The number of jurors impaneled today to try eases in his court, by Judge Harney, was 43, and the court Immediately called the case of A. Austen against J. E. Lynch and began to try I with a jury, YOUNG GIRL TAKFE A DOSE OF POijN BLANCHE VENETI SHELTC ' AGED 18, ENDS ALL HER TR, .LE BY SUICIDE METH".. DIFFERENCES WITH FAMILY Aunt and Adopted Mother Had Threat ened to Send Girl to Reform School For Being Away From Home. Ml is I lianch \'t'nt'li Shelton, the adnltl'il daullghter of Mr. anld Mrs. Iritiis Regan olf S. i West IDaly street. W'alker vifle, conum.itt.d sui'ide shortly alter nlotu today by drinking carIli. acid. Respond enc'y over troulhh with hier faimily is be liit'ved to be the cause. Itlonche Shelton was not yct 1t years of age Ilnd was it trtikingly h;audsoiie girl. She had belu working as domerstic in the family of Mrs. I .atiI.r, at 140 \\est PIht i1 itin strrct. When di.scoverd the tinfortiuaItr girl was lying in her illi i 11n at Irs. I .aiiter's hoIomnit' iI il mpttiiy bottle of c.r.ibulic acid statdilig near. TIhre aias a istring odor of the drug in I thell ri,. It was evidentit that she hald Ipoured iitl ir;early tIo i iutlicts intlo a glas t iiul so tallowed it. I ll tlll s.t fillowtd. \V'ht.in I r. N 'u l. oa i nu,,non is called ai fe minilutls liter, there was no sign ii lift. lint a Sil :ill itel.orrwlitIu book, itlinche Slh it on lvit a tIessaig Ii her sister, Emily Shelton, who waks at i lhe NIoblre tiarlirng houseI , 41 West N 1n \i /l l ill t 1. It was written with it penucil and howed that the writer at in it IIn tiStin sllta' of nmi ld. lit' Ictter wat itts ifolliws: "Ittte, MNonlt.- Dear Sister: 1 itll gtlie a lcnt.h I hate to It-'ae yout, iult when I tn whtire you get ii nutt fights ovelr lilt. My clthe ,ls are all for you. What donll't fit yolul , Ihrl tip. Roln't cry for tile, I 1am h tter ilf dteadI than lliive. I a;it called mill kilnds of tt.iues. "Ainlie, I killed myself. I thought it all over. *iiil :itimight it isa ai tri .e, you) aIre lettler ill ilthutllt le. I ktnow you will lihe brke ui heartedl. hDon't cry. Tell Ile rtly and Jery to ipray for tut. I lli sorry for u hi t w l -Idid. ood ily, my ionly, tIst, dealr, kini. I vltg sisteiir int this woirll. I w)ouhl write mare. buit I have tlet tinl/ to spare, Kiwi me. I shall be with ltanuiialt tup in hiiav'en. I gave IIyscif to n it piece of card.hib:ard was written: "S end for illy sister lip iat 49 W.oolltiit Itriit, Noble Ioardingt house." tlaitlnche ."Iniltn wias i niece of Mrs. D)ennis R.gan., When the girl's mother died Mrs. Regan adoplted her iantd since tlhet she has made her homle with her adopltted parents until ai short ltime ago. Mr.. RIegan was Informed of her adopted child's death this afternoon. She stated that shIe had threattiend to place the girl in toe reform school if she did not staiy hit sonme Imore. Blancthe had replied tihat sh;le would kill he'rse.lf before shle would go toi the reformi schootl. tIer thrtItst were nut takenhtl setl usly a.til little was thoiutght of it at the butt,. The body wais viewed biy ( 'oitlr .uun shortly after th l iis.c'very of hiit solideh. Later it w:as Iken to lichard,.' utdelt.atk lig establishment where an i lut.est will be held, Elmily Shelton. the sister of the ulllfir tunalte girl, staI ed that Illa-ilhe had ril lived sit hiiie for n5tite time, u1il that sIhe ciiil lout get alongt with her foster ph rt 1i0,. STUDENT KILLED BY HAZERS OH A FRAT Baltimore Police Looking Into Mysterious Case -Arrest Made. ISVY 4SOSlIAT'ID1:O 'I PIIgas. Btaltimore, Md., Nov. q.---'l lie police are i vesti gatin jg the death of Martin Locw, .7 years old, a student in the dental de parlcnent of the University of Marylalud, whose lifeless body was found Itday in his room at his boarding house. Ilis room late, Eliphriula Stone, 2. years old, was lying IIuncotiscious beside the bed. l.ow was from Silesia, Germany, and Stone hails from I apetown, South Africa. L.oew, it is said, has relatives in New York city. Ilsa body is at the morgue. It is said the tmen were initiated iast week into the Vi Psi Chi, a college fraternity. Froim bruises on the bodies of the two men it would secm that they had been roughly handled, whether from the initiation or otherwise is not known. An inquest and post-mortem will be held tomorrow. Stone has been removed to the Maryland university hospital. lie has regained consciousness, it is reported by the physicians, but they will permit no one to see h1., lie is said to be in an im proved conoition tonight. Stanley U. Smith of St. John, N. I., president of the fraternity, -was arrested last night on the technical charge of as.. sault. Twenty-five members of the society have been cited to appear before the coro ner's jury to testify. Late last night Stone made a rambling statement as to the experience of himself and Loew during last night. Neither was physically able to assist the other, he said, although each thought the other was dying in great agony. He claims that the bruises on the bodies of himself and Loew are due to "hazing." Parker on Trial. Frank Parker, who was arrested on a charge of embezzling or nmsappropriating funds belonging to Conway, &; O'Brien, while acting in the capacity of collector, was given a hearing befure 4sttice Danzier this afternoon. It Is alleged in the com plaint that Parker failed to Wirn in money collected for the firm. JUDGE CLANCY TO CALL IN A JUDGE Will Turn Over Compara tively Trifling Issues to Second Jurist. 3 CONTEMPT CASES Clings to Issue Involving Ownership of Penn sylvania Ledges. TO TRY IT HIMSELF Contempt Matters Contin ued Until Early Part of Next Week. THE COURT: Well, Gentlemen, I was going to say that in this mat ter-this trouble-the men operating the Rarus ,nine filed a complaint accusing the men working, I be lieve, in the Pennsylvania mine, of attacking them with hot water and cold water, and throwing stones, and I don't know what all; that is some of it, and there was a lot more. Then the other side ranle in and they charged the same thing. I believe the c:harges made by each one, anld I have got my niind made up about that case; and under the law of this state it seems that the matter of a change of venue, a change of judge, is left to the judge himself, and I feel like I ought to have some other judge to try this case. I thought it proper to state it to you gentlemen this morning, and try and call in some other judge to try it. I do not feel like trying it; I have read those affidavits, talked with men on each side, and I believe that I have (lot my mind made up about it. I think they are both guilty, and I don't like to try it; I want to lget some other judge. So I will continue this hearing until the 16th day of November, and in the meantime I will try to get some other judre to try the case. MR. FORI3IS: Does that apply to the cont'mrnpt as well as the in junction? THE COURT: It is the con tempt cases I was talking about. It will be noticed that the court left it to be inferred what course would have been taken had the court believed only one party, and not both, guilty. JuIdge C:lanc:y ,hid this morning that he wouhl il;de ,re of the right given him by the law to crall ii nothlcr judge to try maut. teri in his dcpt,:tci.lcu of the district court, ill o01' islliacllle The tcir,tion which thie judge whom he will call in will he acked to try will be the qutestion of conltelmpt of court raitsed by the( c:hal:rgcs andl counter icharges of hot ;iand ctold water tlhrowingl, stone-heaving, mclkce-making and ltilelust-lhootiint tllrclllgh compijircessed air pipes made by the respective pIarties ill the suit of F. A. HIlciize aild the Miccintana (Jre 'Iurclhasin e ucIpliy against the iloet tll & Montana l iinlly, ilnrllls c iog the 'cnlIll'ylv Icria claim leidges. T'here isc colellrer crl t ion of contempt of court raised bl y Ilci...c ill the hacclce case anl in thlie mSll conltelimplt piroceedingsH, scled it als was iccfore Judige Clancy this mornitg, hut, whii, he expressed the opin i iln that lie cw'acs cikjaciliti.d to try the issuie iabove dcsel iccld lie witld not agriee to call in ai lothtcr juclge 1 t try it. T'his cuesltion f '(contempt icvolves ihe charge madicie y lcizc that tilhe lcistii & Mcttn tanla cclncllly hias violated the ijinction in thie Plil slvinl;i case, issued iby Clancy against that i:compailny, bly working the ledgesi plit icilild r i njuncticii. Mr. Forlls, for the listoni & Montalna iiany, expressedi .tile opinion that the colrt, if dicqualified to try the issue pre. elit lcd y the ch rgt.s aild rcouiter-charges that his iinjunctions a l;nninst smolke-nllak. ing and so) forth, had bccn violated, was disqualifced too ry that icssu.e also. Judge Clinlcy, hoiwever, held that the two maitters were quite lilfTerenlt. Thie first iatter only involvie the question of whetiher the emplloyes of both litigants have ieein tinually cdisagrecable in their respective ininliig operationis iunder the surface of the PIennsylvania claim, while thie second ma'tter centers round the ques tion of who owns the ore icleposits, The court stated that lie would try to get another judge to take the first piece of business off of his hands, but hlie would not agree to take that step with the latter pro ceeding. The contempt matters referred to, three in number, had been set for a hearing bie fore Judge Clancy this micorling, lie did not hear them, however, Hfe continued the first mentioned two till Monday, November 16, saying that he would ini the meanthine endeavor to get another ju Igc to try them, and he continued the third till Truesday, November 17, saying that the chances were that he would begin hearing it himself then. Satuirday afternoon Judge Clancy visited the Hirbour block, vihere Judge MHilatton, (Continued on Page F.ve).