The Butte inter mountain. [volume], December 01, 1903, Image 1

About The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912

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THE BUTTE INTER MOUNTAIN_
VOL XXIII. No. 119. BUTTE, MONTANA, TUESDAY, DECEMBER 1, 1903 PRICE FIVE CENTS
LEGISLATION IS
LIMITED BY
MESSAGE
Governor Toole to the As
sembly in Extraordi
nary Session.
TO BE CONSIDERED
Passage of Fair Trial Bill
and Laws Relative to
Supreme Court.
Governor Toole's message, read
to the legislature today, limits the
legislation to be taken up practically
to the matters specified in his procla
mation oalling the extra session.
These are the passage of a Fair Trial
bill and an act to empower the
supreme oourt to review the evi
dence on appeal in equity oases.
The only things aside from these
that may be considered, according
to the message, are: First, an act
to correct the clerical error of the
regular session by which the eight
hour law became ineffective, and
second, an act granting an additional
olerk to the state superintendent of
public instruction.
SPECIAL TO Tile INTER MOUNTAIN.
Helena, Dec. i.-Govcrnor Toole read
his message to the legislature shortly after
noon today in the hall of the house, the
senators being invited over for the pur
p.se of hearing it.
The governor was applauded when he
arose to read the message and again when
he completed it.
The reading occupied 14 minutes.
The second extra session of the Eighth
Legislative assembly started at noon.
There was a good-sized crowd in each
house. The only absentees in the senate
were Cullen and Kohrs; in the house,
Allen, Beaudry, Brownlee, Burt, Hefferlin,
I.ishon, Mullins, McCone, Tooley and Wil
liams.
After the usual preliminaries of calling
the roll and prayer, the governor's proc
lamation was read in each house.
Comnmittees were appointed to notify
the governor that the legislature was ready
for business, and then the senate and
house heard the message read.
In the senate notices of bills were given
as follows:
By Whipple-To amend the law relating
to the disqualification of judges.
By Hoffman-To amend the law relat
ing to the powers of the supreme court on
appeals.
By Kennedy-For constitutional amend
ment relating to eight-hour day.
By Raleton-Memorial relating to with
drawal of public lands.
In the house, under supension of the
rules, Landstruin and Axtell introduced
House Bills No. I and 4, respectively, for
constitutional amendment making e!ght
hours a day's work.
Self introduced No. a to amend the
law relating to change of venue in civil
actions, and Duggan No. 3, to amend the
law relating to the disqualification of
judges.
The only ripple was when John Mac
Ginniss objected to Duggan Introducing
his bill. The house, without division, gave
its consent, however.
A motion by Lynch of Silver Bow to
appoint a committee to employ such clerks
as are necessary was voted down, and on
motion of King, the speaker was author
Ized to sanction the employment of such
as he may see fit.
The senate adjourned to a p. m. to
morrow and the house to to a. inm.
Helena, Dec. i.-Following is the bill
introduced by Representative Duggan in
the house, one of the fair trial measures:
"A bill for an act entitled, An Act to
amend Section 18o of the Code of Civil
Procedure relating to the disqualification
of judges.
"Be it enacted by the legislative assem
bly of the State of Montana.
"Section I.-That Section 18o of civil
procedure be, and the same is, hereby
amended so as to read as follows:
"Section B8o.-Any justice, judge or jus
tice of the peace must not sit or act as
such in any action or proceeding:
"First-In which he is a party or in
which he is interested.
"Second-When he is related to either
party by consanguinity or affinity, within the
sixth degree computed according to the
rules of law.
"Third-When he has been attorney or
counsel for either party in the action or
proceedings, or when he rendered or made
the judgment, order or decision appealed
from.
"Fourth-When either party makes and
files an aft lavit as hereinafter provided, that
he has reason to believe, and does believe,
he cannot have a fair and impartial hear
ing or trial before a district judge by rea
son of the bias or prejudice of such judge.
such affidavit mAy be made by any party to
an action, motion or proceeding, personally,
or by his attorney or agent, and shall be
filed with the clerk of the district court
in which the same may be pending at any
time before the day appointed or fixed
for hearing or trial of any such action,
motion or proceeding. If there be more
than one judge of the district court the
affidavit may state the sanme cause or
disqualification as to any or all of the
judges thereof. Upon filing of the affida
vit the judge or judges, as the case may be,
as to whom said disqualification be
averred, shall be without authority to act
further in the action, motion or proceed
ing, but the provisions of this section do
not apply to the arrangement of the calen
'w the regular order of business, nor
.7 the sower of transferring the action
or proceeding to some other court. No
more than two judges from a district
other than that in which the action or
proceeding was commenced can be dis
qualified for bias or prejudice, in said
action or proceeding. At the instance of
the plaintiff and no more than two at the
instance of the defendant in said action
or proceeding, and this limitation shall
apply however many parties or persons
in interest may be plaintifls or defend
ants in such action or proceeding."
"Section a. All acts and parts of acts
in conflict with this act are hereby re
pealed,
"Section 3. This nact shall take effect
anti be in force from and after its pass
age.
The Self bill, in the house, relating to
change of venue in civil trials, which is
the other of the fair trial measures, is as
follows:
"A bill for an act entitled 'An act to
mnend Section 6t5 of the Code of Civil
Procedure relating to the change of the
place of trial of civil actions.'
"Be it enacted by the legis'ative as
semnbly of the state of Montana:
"Section s. That Section 615 of the
Code of Civil Procedure be. and the salme
is, hereby amended so as to read as fol
lows:
"Section 615. The court or judge must,
on motion, change the place of trial in
the following cases:
"'One--When the county dcsignat d in
the complaint is not the proper county.'
" 'Two--\Vhcn there is reason to believe
that an impartial trial cannot be hatd
therein.'
"Tl'hird-When the convenience of wit
nesses and the euds of justice would Iec
promoted by the change.
"Fourth-When, fromt any cause, the
judge is. or the judges are, disqualified
from acting; but in case the parties shall
agree in writing upon another district
judge, or upon a member of the bar as
judge pro tempore. as provided for by the
constitution; or if any qualified district
judge shall be called in and shall within
twenty days after the motion is made, ap
pear and assume jurisdiction of the cause
and of all matters and proceedings therein,
no change of the place of trial shall be
made. If such judge shall so appear lie
shall be vested with, and shall exercise
in said cause, all the authority of the judge
of the district in which said action or pro
ceeding may he pending.
"Section a.-All acts, and parts of acts,
in conflict with this act, are hereby re
pealed.
Section 3.-This act shall take effect and
be in force from and after its passage."
Both these hills, under a suspension of
the rules, were read twice and referred to
the judiciary committee.
PIPECIAL. TO THE INTEI'I MOt'NTAIN.
Helena, Dec. s.-Following is the mnes
sage of Governor Toole to the legislature:
Executive Office,
llelcna, Montana, I)ecember I, 13.
To the Senate and louse of Representatives
of the Eighth Legislative Assembly in
Extraordinary Session:
Tihe purposes for which and the circuim
stanccs under which you are assembled are set
forth in the proclamation conlvening you ill
extraordinlary session.
lMuch stress has been laid upon what is
claimed to be an imperfection of our laws ,n
this, that no provision is made for disqualify
ing a district judge where bias or prejudice is
shown.
This omission was sought to be corrected .It
the seventh legislative sessiun by the passage
of a bill, which, for reasons thell stated, was
vetoed.
At the eighth regular session the subject
again received the attention of the legislature,
and a bill, constructed oin different lines, but
designed to accomplish the same result, was
passed, but it was found upon a test case that
it contravened the constitution in several re
spects, and for these reasons failed to become
operative.
I am not advised, except in a general way,
as to what will be proposed iin that behalf at
this session, nor am I, in view of the objec
tions heretofore urged atnd sustained, prepared
to make any recommnendations concerning the
same. If your knowledge of the fundamental
law and the exigencies of the hour fail to point
the way, I must assunle that those who by
petitions and otherwise have been insistent
upon calling you together will find and formu
late an adequate remedy; but whatever form it
takes, it must be remembered that you are
legislating for the future and for the whole
state, and that your task is tnot without dith
culties, whether consitdred with reference to
constitutional restraints, public policy, or prac
tical utility.
Warning as to Text.
If a change of judge be suggested it must
not be forgotten that the supremt e court, ac
cording to its dlcision in re Ryan versus
Weston, cannot make the appointment for the
reason that it is outside of its constitutional
powers.
It would also seem clear under the decision
referred to, that wherever the power of ttp.
poitnltent is lodged, no limitation canll e itt.
pIosed by legislation which would exclude tile
right to appoint ally judge, notwithstanding he
mnight reside within the saute district as the
disqualified judge.
The situation therefore calls for the exercise
of consummate skill and judgment on your
part.
It is therefore incumbent upon you to see to
it that every paragraph, provision and page of
any measure proposed along these lines are so
plain and palpable as to avoid the suggestion
or suspicion of being disingenuous, dissenl.
bling or deceptive, thus avoiding, if possilde,
the necessity of judicial construction in case
of its final passage.
While isolated and individual cases may
serve to show the defect, if any, of existing
laws and the necessity for corrective legisla
tion, we should be oindful of tile fact that an
eye single to our duty to the state makes it
imperative that we avoid even the semblance
of piartisanship or special legislation which are
forbidden alike by public policy and the con
stitstion.
Argues on Practice Act.
Concerning the second piropa.ition men
tioned in the proclamation, to-wit: The
power of thile supreme court to rev;'., ,'te evi
dence on appeal in equity cases, it woulu seemt
to me that if provision Is made which, in the
topinion of the legislature, is designed to make
more certain a fair trial before a fair judge,
the reason for a review of the evidence by the
supreme court inl equity cases has largely
failed.
Such evidc.:,:. when it reaches the supreme
court is in narrative forn only. It is not Im.
pressed by the presence of the witnesses and
their manner of testifying.
Every one must know there is a difference
in tile effect of the same words when deliv
ered in open court from the mouth of a wit
ness and when read from a manuscript in nar
rative form. They may seem worthy of credit
in the one case, and positively unworthy of
all credit in the other.
Who can be unmindful of the influence of
the manner and carriage of a witness on the
stand?
There are many things aside from the literal
import of the words uttered by the witness
while testifying, on which the value of his
evidence depends. These it is impossible to
transfer to paper.
Taken in the aggregate they constitute a
vast moral power in eliciting the truth, all of
which is lost when read in another court or
reproduced in the form of narration,
It would seemt that the judge who tried the
case, looked upon the witness, saw and heard
(Cottinned on Page Six.)
CONYULSES STAID
HOUSE WITH JOKE
DEIMOCRAT SAYS HOUSE AND SEN.
ATE REMIND HIM OF ALPHONSE,
IASTON AND LEON.
HE IS SUCH A FUNNY MAN
De Armond's Picture of the Two
Branches of the National Congress
Is Simply Side-Splitting.
t11\' A :sO(i A i:D iRKI SS.
\VashingtItn. I). C., lice. t.-When, the
house convened today Mr. Cushtman (Rep.,
Wash.), was sworn in a member. Mr.
Payne of New York then moved that
when the house adjourn it be until Fri
day,
Mr. Williams, the minority lender,
asked that jo minutes on a side be given
for debate, wherceupon Mr. layne asked
that tnanlilttouts consent lie givenC as de
sired by Mr. Williams. The speaker in
repeating the request first used the word
"debate," then said "J.u minutes for talk."
The motion was adopted on a disision,
97 to (.2.
Mr. Hlull (Rep., la.), rising to a par
liamentary inquiry, said he understood
rconslent was given for debate onil the qtes
tion of adjournment and asked what was
before the htuse. The speaker replied that
consent was given to "talk."
He Is So Funny.
Mr. De'Armond (1)cm., Mo.) was then
recognized. lie amused the house for to
minutes by likeuing the pIresent pirocedure
of congress to the Alphonse, (;aston and
].eon scheme of politeness. On the qtlues
tion of adjournment of the extra sessioa
the Alphonse of the senate is s;aying to
the Gaston of house, 'after you mny dear
Gaston,' and the (;aston of the house is
saying to the Alphonse of the senate, 'after
you mlly dear Alphonse,' anild Ieon, stand
ing off a distlance, is saying, 'how mag
nificent, how mIaganinousll how strenuous.'
]tut aside he is gising the expression, '1
wish I had four years of my own in that
dear White house at \Vashington, I). C.'
This spectacle has to lie gone through be
cause no more implliortanit matters are to be
disposed of.
Views With Alarm.
Touching minority cottnulitter aplpoint
anuents. Mr. .)eArmnmd suggestedI trouble
ahead unless the just claims for pIroper
nunnerical .representation was allowed.
lie cotiniseled the speaker not to yield
to temptation oii this point and his
"brethren" on the demtcratic side to
"pray," and conccltlud with the prelic
tiun:
"We will see the senate Allphonse bow
ing to the house (;ston and the presiden
tial Leon leading his pIersonil misgivings,
doubts and apprehensions as to what may
halppen."
In the Senate.
WVahirgton, Dec. 1.--The senate was in
open se.s~ion 30 minutes today. After re
cciving a nmnller of hills, resolutions and
petitions, and after spendling someL time
in executive session adjourlnment until
Friday was taken.
A majorily of the hills otTered were for
private pelnsions, and most of the peti
tions for the expulsion of Mr. Snmoot
(rep.) of Utah.
As usual, Mr. Cullom (rep.) of Illinois
called up the Cuban reciprocity bill. but
as1 no one manifested a desire to address
the senllate ulon it thet hill went over.
Adjourned.
As to Those Postal Scandals.
Washington, D). C., Diec. ,.--.Sunator
Penrose, chairlman of the committso on
postoffices ilndil post roads, today intro
duced a resolution authorizing that coml
mittee to request tIhe postmaster general
to send to the conunittee all the papers
connected with the recent investigation of
the postoflice department, and if necessary
the committee is to make further investi
gation and report to the senate. The
resolution without action was referred to
the committee on contingent expenses of
the senate.
24 BENEATH WA!ES
MISGIONARY AND HIS NATIVE CREW
DROWNED BY CAPSIZING OF
A CARGO BOAT.
BY ASSOCIATEIn PrtSs.
Nashville, Tenn., Dec. I.-A cablegram
received here today announced the death
of H. C. Staymenter, an American mis
sionary, and the drowning of 23 of the
native crew by the capsizing of a boat on
the Congo river in Central Africa. The
boat was the l.apsley, the missionary craft
of the Southern Presbyterian church.
HE IS TO GO TO JAIL
FOR 30 LONG YEARS
Prominent North Carolina Man Murdered
His Three Children.
DY ASSOCIATED PRESS.
Asheville, N. C., Dec. I.-Dr. J. V. Jay
was today found guilty of murder in the
second degree and sentenced to so years
at hard labor. A few weeks ago Dr. Jay,
who is one of the best known physicians
in Asheville county, murdered his three
children. His mind was thought to be af
fected.
HE WILL GO TO THE CAPITAL.
IMayor Mullins Says He Means to Attend
the Legislature.
Mayor Mullins stated this afternoon that .t*
should go to Helena tonight to attend the
session of the state legislature. The mayor
had nothing to say as to how long he should
be away or what he should do in regard to
the present situation in the council.
C. W. Dempster of the city free employment
bureau, who is also a member of the legistla
ture, left for Helena this morning, He in
tends to return to Butte tomorrow,
0. D. COLEMAN IS NO MORE
Great Falls, Dec. .--News was received here
today of the death at Anoka, Minn., of G, ),t
Coleman of that place. Mr. Coleman was thi
father of A. C. Coleman of this city, and thd
father-in-law of Hlon. E. H. King, a member
of the legislature from Fergus county, who is
the republican floor leader in the house
AS.SASSINATION OF
MAROUIS OF ITO
FRUSTRATED
Japanese Student Thought
to Have Sought Life
of the Premier.
1ev AiW0Ii'IAII:I I'nki-i.
Yokohamlila, Dec. 1. --A la|li'lse medical
atutdent wias arrested ttoday on ilsS piliciol of
nill att'emlpt to asassinatel l the' Malrquis Ito.
lie carried a tldagger colncea.letld undelr his
kinolll wl'hen arrested at thle MItlills,
villa at liztll. It is hb lieved this it
tempt ilitl th lie stait'esma's life was the out -
Comllie of rectet sugelNlstions inll Ithe se'lsa
tionual itnewspaper tuf Japaii that a minis
terial assassilnatioll would ie a patriotic
ctionilll, tendtinK o produce a more warlike
policy lon the palrt of the goveritneit.
ACCUSED OF HERESY
liV Ab,.t IA Iil i .i S
Il ston, Mass.. Ii)i. i. t Iapers havet
bo.t setrved upioi Pirof. HItrdetn I). ti'.twlt
of IHIstonl univctseily callingl himI to ital
bi-fore the eelesiatic court of the \1. E.
church to answer thlie charges of hI ersy.
The Rev. Ge;torget' W. ( oke, lpastor of
'Trinity lMethodlist chuich of \\'et Mied
foird, and a mIClini'er of thlie New Ii.ngliil
conferencle, is the formal aevtutsr of
Professolr Itrowne. The .-ptctilitaliiS.., five
in iimbr, are basetd upoln the genertal
atllegationl that tie proftessur has dlistsmi -
ialld lidoctrines wllilch are contrary to ilthe
articles of religiout or establishit st-aiil'd, s
of dloctrit-es iin the MI. E. church."
GETS5 YEARS IN PEN
N'II AI, TI lill INi ii Mi 'NiAIN.
Ilill in , ,D c I.- (c rloce Mcl'hlltrr , ln wa ,
convicteld in thte dlist. i tcourt t.aiy Ii
hurglary, the jury hixij.g thle piuishiintint
at live years in the penitentliary This makes
nine convictions had at this 1tirI of court
out of II cases iriedl. Mlc'hiu..uin r tobbed
1.. 11. Creiglhtn's hoiuse of $t.Ii. 5 while the
lattler was intoxicated, after a light with
his son.
Ile was arr.ested Friday. an information
was liled Saturday and lie was trited today.
John Murphy, who got three and one-lhalf
years for grand larceny; Allbert lhililips,
who got to years for forgery, were taken
to the pen today.
IN HOIORE ALLAEYS ESTATE
Adminstrator Files Report of Sale of
Mining Stock.
In the matter of the estat' of lit' late
Father Ilionore It. Allaeys, the adminiis
trator, Father Peter I)e Sicrre, has filed
in Ih(' district court a report of the s.le
of miiting stock ilonging to tthe estate.
'lthe stock brought $65o.
T'Ihe stock was bid in by C('onnic R.
Allneyn, the' sister of the decedent. It
consisted of h of shares of stock in mining
tcompanies, lmost of themr in ('olorado,
['tah and Montana, the blocks of stock
running as high ias 5.0o, shares. 'Ilhe
stock was valued inll the inllventory of the
estate at $5,.
SUPREME COURT AFFIRMS
Denies New Trial in the John H. Freeser
Litigation.
SI.t'IAI. TO Tll' IN'trt tR ot'NTAN'IAI.
Helena, I)ec. I.-'lI'he su.premtte court to
day affirmed the order of the district
court of Meagher county in denying a
new trial in the case of the Mlotana Rail
way company against John If. Freeser,
Freeser appealed to the district court
from the findinigs of a board of right of
way commissionersra nid was allowed mltore
dam.ages from t'he railroad tIhan tile colm
missioners gave himt.
The railroad comprany appealed l to the
srupreme court with the result stated.
NEW YORK POLICE TRIED
Failed to Keep Fanatic From Approach
ing President Roosevelt.
Iy AOSSO IATlEI) I'H.tR.
New York, Dec. i. John W. ('ottrell, three
sergeants, two patrulmen of the city prlice
force were placed on trial today chargel with
failure of duty in not preventing Arthur It.
Deming, believed to he demented, from tbitain.
ing access to 'resident IRousevelt when the
latter was here last week to attend the Gracic
funeral.
DETECTIVE J. DRISCOLL DEAD
Bandit Neldermeier Admits That He
Himself Shot the Officer.
IrY AtNOCIATED t'HERS,i.
C(hicago, Ill., Dee, n.--]etective IJoseph ris
coil, who was shiot in the fight in Indhaua
with the three car-barn bandits, died today,
In his cnnftession to the tIolice. Peter Neid'lcr
.auicr admitted that he shot I)ri coll as the
latter sprang upon the railroad trick near the
dugout.
WELDEN SUIT IS ON AGAIN
SPIECIAL TO THE INTEI MOt'NTAIN.
Helena, Dec. i.-The Idamnage sull of
E. 0. Welden against the Northern Pacific
railway is on trial today in the United
States court for the second time, the jury
having disagreed at the former trial.
Welden was an employe injured at the
wreck at Paradise bluff, in Missoula
county, three years ago, and sues for $15,
00oo0.
HOWARD C. LOWERIE IS DEAD
BY ASSOCIATED RESSR.
New York, ice. 1.-Howard (ourtenay Low
erie, 66 years of age, an accompli.ned and
highly educated musician, said to have once
been well-known in the West as a band leader,
is dead in this city.
NOMINATED BY ROOSEVELT
iY ASSOCIATED IESSi.
Washington, D. ('., Dec. t.--The president
today sent the nomination to the senate of A.
1.. T. Atchiseo of Mawai to 10 scaetaly of
Hu ual
NOJHING IN NOTES
TO WARRANT FUSS
GOVERNOR PEABODY SAYS LETTERS
SENT TO CARPENTER ARE NOT
AT ALL INCENDIARY.
MILITIA CALLED TIN SOLDIERS
But Beyond That, the Epistle Given to
the Public Does Not Appear to
Be Very Anarchistic.
I)knver, ,h., A ii . IA . Iiti rcrl in The
coa('l iliners' strig.ke hls shiiled frlom lit'
giglllo i er titit., i hbet i iPork Ihas bI n re-i
sini d, ito the soithgtog part of the .tate.
Jlhin., lit ,ih. .tllh. pris lrint of ilth l'itet.
\line Workers of Ati1itica, will he in
Trinidadl tomorrow to criier with tlhe lit
trict union oi hicials It is tt litve.d that hr
will renew tlih attlrllllh I l secure I l'rsonali
confel rncel''C ithl I1ti ' oli Ii.at. " f the 1.'0,l
raiI. Iiet & Iron alnd Victor Fol coin
panitcs % 11,h1 Iinltl tepodedl. itinsed to mlott
aily Iitcl.riCh tl at iri i 1 11i' tlllil.
The price of Notgti i gial in I Oi rit
I;has i llrn iai t 1 tI ,1 .i .5 ¶ i . a ti i,,
the h(Ill(vnce isI 11111il' ntt'.t' cai tly 1h
cithig. the eight houlr day to lithe miner..
Tempest in a Teapot.
I;ivcignoiir PI'; tody hias decidt d ;fter
lii iitiilg lithe letters IIi tlt'l by Slic ietal
\\ lh mn I). lla.sia ,,l , of the \\',rst4,, r
liVdkatioi of nii s. whigi Adjuttint
(;cnsd .lturuman \. Ilt l delh .ed "in
cendliIary and i,. .i, inllating." thaI t there is
nothingll in thillli tl make any h.ss . ,bull.
"I lnlver, oit'., Nov. .o, tirlo,, .( ) M.
('irpenl ter, T',lhnridh, ( .io.: I . e l that lte
I'iliti' s' Alliance in T lluriide is doingi
eve'rythingl they po ibly ran to urgeI' the
governor iiito s d troos to that locality.
It is reported ih ;t lit he h .as ap aletid to
lPrsildent Riot. tt. ll fogr the regularl, hiut
ha .s ril tilU td i doit lt . I hope that l tlhis
is so, h.cail, if we must hiave troop, there
it till, it wtnhil he much l tlter fliI i ths
llhave tli till i.li ts., lthey iu e iot utsed
to it hard ci . pa i a nu t will have aill
equ ilg rts111t ini diiruptin i the talte militia,
"I think it wouhl re well o orwaird
salth enint you . u i('111 ,11 with it nitiied i hill.,
exetrlive board at the next lleting, also
I smllary oif the llmotber of Iiiien thalt ire
on strike, tht e oiii1u hai thatl ;lPe dahiwlu
relief, n il anty ath r Ihtl yol heliteve will
hit of interest. tAdvis t. few idays ahear
twhuit iy tied oud. I . i orit fraternally,
"W Il.LI IAv M It . IIAitha'(t iI,
Setrult;iruy 'll t atitlui"
"0. M. Ca( lt'l .er, 'l'lhusid -, t+,lo.
ty the time this ranclsr yi tilt' trtoops
will e with you. Any otne prominent hi
the troubles of Ioi ad hbelter hIlevr town
for the Citizens' Alliance, harked by flh,
erxeutive, will carry things with a high
hand.
"W II.I.IA,1I I). IIAY\ i'l)I)."
To Keep Troops in Field.
IY ASFI) IAI 1"l l t kIl s .
t all I.ke, itlah, Dec. I.--- following fur
ther fruitless efforts to bring lilhlut ai set
ltlement of ith Itilh (oal .Miners' strike
today I overnlor \Wells haid that in ill
probability hle wouhl call a H.,ial ,poe s
if the legisliture to provide fluids for
keepi' g the: tatle militia in the lieth.
Miners' Leaders Meet.
IvY AiN ii IA'I I ir ilvsi,,
IDeinver, (' I., , l) . L. 'I lhe imbIilers of
the executlliv Iveirdl of the Weslernl lIed
ertlinll of Mliiers re con'lvened ini ailive
,eslsi) at the hlt.llnal t el , rs of lut Fiuletra
tion in this city. 'I he followinlg ie'il(mbers
are prn sent : ( harles Moyer, president ;
William 1). llaywood, secretaly; John II.
Murphl y, altt lly ; J. I). lewis, (lilbe,
Arizna; I.. J. Simpkins, Waidnier, Ilaho;
I). C. Copley, lllependencei'l.l . ( olo.; Janies
Kirwan, T'erry, S. I)., iand J. A. Ilaker,
Slocumi. 11. C.
HE SHOOTS HIMSELF
RANCHMAN IN BIG HOLE BASIN IN
WYOMING ACCIDENTALLY CON
TRIVES OWN DEATH.
8PI'I .IAI. TO 'Jill! IN'II. f Mfo 'NTAIN,
Ililliniigs, )Dec. 1.- t Ito Franc, a well
known cattlemanl of the Ilig lIole Ifabin,
just across the Wyoming linir, acrcidentally
shot himself yesterday alfterl,,nn and was
instantly killed. It appiiars Mr. Franc left
his hoiime ranchl to go to the feCeding pens.
lie was carrying a dlouble barreleld shot
gul and inl passing throllgh a barbed wire
fence pulled the gun a fter him, muzzle
first. The triggers caught in the wire and
both barrels went oIf, the full charge strik
ing him in the lireast with fatal results.
Ilis mangled body was found later in the
day beside the fence.
The Wyoming coroner is investigating
this afternoon.
Mr. Franc was one of the best known
cattlemen in these parts, lie had been in
the busilless about 5a years, and was well
to-do, lie was a bachelor and aout 50o
years old. His relatives live in Ilrooklyn,
N. Y., and when their wishes have been
learned the funeral arrangements will be
perfected.
VIRGINIA CITY DANCING CLUB
II, P1:rIAIL TO TIlE INTER MOUNTAIN.
Virginia City, I)ec. I.-'The Wednesday
Evening Dancing club was organized here
last night with 31 members. Edmund Cal
loway is president and Charles Morris,
secretary.
It proposes to be an exclusive affair,
none but membnl ers or invited guests of
members to be allowed to participate in
the dance, which will be given in two
weeks during the winter. The first dance
of the new club will be given onr the even.
ing of December 6,.
ROALSWICK FILES STATEMENT
SI'ECIAL TO THEi INTER MOUNTAIN.
Great Falls, Dec. I,-Tl'he statement of L.ouis
Roalswick in support of his motion for a new
trial in his $So,aoo libel suit against the Great
Falls Tribune, was filed in the district court
today. It is a relteration of the charges
already made by Roalswick-that an insane
man sat on the jury and that the verdict does
nat agree with the evidence,
BLANKET VEIN
IS FINILLY
CUT OFF
Defens;e egins to Put in
Evid; :e in Pennsyl
:nia Matter.
ST S HEINZE'S VEIN
Number Eleven Shows Ore
Bodies Are Not Inside
Injunction Ores.
TIlh Iti | ll & 11. 0 CJilt a; ollpNI a y OJI ll 'di
its silht ,,f tilt' tontcnmpt hI uitr g in the
It'r lslyltilonla ',ase hilay, intl tile tildetce
of it hi t . 'ixpi 'rt, eI.v s Ilasit., ill:; ailt
,it oat4li.o I itilt' Iy . t r ll ll ut.ll Illt nlll .i
Clin g i t l st I lt l .llu a n'ollll. ll t II I ill re
tthl.tii tu IIhi Ill"tlllil ,li lii1i'i h 5 t1111' 1 l li
Latsi s l thls by I rllt"n l '.t t illl ts , usit .ate
siall ..
M r. Il ites' itvidet ie ci' ul Itlritht te IItil
krt vt.n iAll II ldw y inll t e .I I'ill.sylvaiy iit
claim :Inll c'usat l thil area',t ti tit injunc
tion tralt it shrink up amul .collp.t like
ji l p tultulll id hiti hl .. It aurrste il the
hinnket vein o111 is si. er acro.. Ills Ih Pnn
gthllies i'g t all te i t, e t h lle i'.. iso rith -
iluuwii i ili ii., uln 1111 ll tii lie li uii Il IuI liti
tlhte Iiltruti- mii indd ihortetiiug Stlv.t now
cirucek.
Hayes' Testimony.
Mr. Ilayts t eslthud that HIe vsin e hivl
mI tlrt, s y, t'iu s.,oth.ern .uolntiy ir the
itljilliltlln h11.t i ni1, tltuI whirch o is ari, sily
calhd thi . cltoll, th ll I) li ca w'verey V~ , tihe
cl, Irai. vt l i tI;i t the bha Inkt g'la.. r icil
whirltl , ,Ilyl th No. 7 ain ot N . , veilli
in the .ilohlln part is f hnj et I'lein nlvdt niat
,'lailnl, 1id14 that it does not otitedt with
ith' si I.sel. iuds oir take thoitnlt r o itcs
hmlgini , all.
110 i us iht d tulh i th iof th ',,. vfor iso
aMr. ls tiv. h wii t i the I wiint s initu vtin v
;at I h4ino i ' injunctt ion veini c' o tiii
ldown I ti he I Crv e in tile I.poitivelylvali
claim ra l l 'h et ' , ns agn;ll-inst still a;1
ilther vlinl, ci lled thi Nio, il vein, u;ii
stops. iisted of rif nit't g acrossflti thelt
enrris tylvania claim, tie "hlnlket vt'il" i
it. l cut ilt at alrurt tlh 7 h4 Icv le, Mr.
Ilayes says,ttu never comes near the ore
oilies in thi i re Iolhern part of the Ietutr
sylvrai:t chil, theint orn e bmyli cl worked by
the IIon.yl & li Montana llowi py, atnd
which I intk yoeku in this actiy vein i
lude withs n his injunctttion tract andl take
to limirt i, s l .s the i t orking o f which
he de'sire the Itoiton & Montlanai ty ma
paty ore it ofr icireals punlieshed for cothe n
risept.
No Development.
M"N., ir. iy.s went o the wit s stand
at lt:.o i kowcfk ly work his d cirect xulnia
tine Wis iclluiw ed befovery vin :3r thi allt r
iooe, ait hiCh tirile itd to ('h XMo;ntlina il.
Was opel'llt'd.
In thilt course of his testimony Mr.
Ihayes testilid that there is positively no
"Nevelopment ofir, the wo-called blankeid vi
fo'Whr t distaneo you say feet along the pink
liase which is supposed to show its location
in the ihitze muap "Ih . N :. II.," which line
cat rries t n th vein from te all," was to
the u I'l.my. ylvania, a distance of tn'ly
34141 feet, in unbroken continuity.
Mr. orbhis, with reforim-tce to the 1.4
vein and the ore boIliea in the southern
part of the Pe.mnlsylvantiii claim, asked
Mr. Ih ayes the following ,lutstion.:
"I'll task you if there is any vein or
veins to the south that connect with ally
part of the 24 raise vein?"
The witness replied: "There is not."
"Are the veins to the south any part
of thlt ore body or ore bodies in the 24
raise ?"
"No, sir."
"Do you know of any work being clone
by the Itoston le Montilla company on
the Johnstown Discovery vein or upon any
ore bodies awarded to the Montana Ore
Purchasing company by the court?"
"No, :.r' the withew su s -id.
r, ply.
Model and Maps Introducoe.
A glass Hmodel and a tnlumber of maps
were alollng the new features introduced
in the case this morning. The glass model,
which was in a wooden box, open at the
top and on both sides, was a handsome
construction. It consisted of a series of
vertical glass plates, each representing a
cross-section, and the observer looked
through the model as if looking into
the mountain to the west, the model em
bracing ground in the Pennsylvania claim,
The veins and workings in the earth,
looking through the five planes of cross
section in the model, were represented in
painted lines and figures on the glass, the
scheme of the model being to give a trans
parent structure representing the contents
of the .disputed ground.
The model was much admired by the
observers and was voted a very ingenious
and forcible illustration of the physical
situation in the Pennsylvania claim, which
is being presented to the attention of the
court,
Cross-Section Map.
A big cross-section map of the Pennsyl
vania mine, showing the workings, veins
and faults in the earth, was hung up first.
This map and the model as well, differed
immensely front the maps put in evidence
by Heinze.
Hetinc's cross-sections and other maps
showed the Johnstown discovery vein,
otherwise called the 24 raise vein and the
blanket vein, stretched through the Penn
sylvania claim on a flat dip, and across
it, and made It appear that all the other
ore bodies in the claim came up under that
vein on a steeper dip.
The Boston & Montana's model and
maps give the Johnstown vein the same
dip as other of the ore bodies and sent it
down into the earth between the old veins
included in Judge Clancy's injunotion and
the new ore deposits south of It, which
- (Continued on Pags rivo,).. . _.,