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Ta~---w.r lgo ToVmorro.-24. IOwMOY .,1 p EY VOL. XXXV. NO. 246. MISSOULA, MONTANA, WEDNESDAY MORNING, JANUARY 6, 1909. pii.coE ,wz. __m~m . m m m m mmm m m _ II m nmI . I• m m n i• GOVERNOR NORRIS READS ADDRESS TO LEGISLATURE Recommends, Enactment of Laws to Further Prosperity and Development of Montana. STRONGLY ADVOCATES GUARANTY OF BANK DEPOSITS Executive Also Advises Passage of Measures Giving People of State a Voice in Election of United States Sen ators and Providing for Re-Purchase of Flathead County Timber Lands. Special to The Daily Missoulian: Helena, Jan. 5.-Neither branch of the legislature met until this after noon, and the time was largely taken up in hearing read the mesage of Governor Norris. The executive read his message, which was favorably re ceived, some portions being received with applause. Before going into joint session the senate did a little business and ad adjourned immediately after the joint session dissovled. Notices of the in troduction of bills were given by three senators. McCone will introduce one which will provide for the payment of interest on public money deposited in banks to the credit of a city or county to the municipality or county. Romney gave notice of a bill to pro vide for the widow and orphans of Deputy Game Warden Peyton, who was killed by Indians: Everett of an anti-pass law and Selway of one pro viding for the' permanent investment of funds belonging to the state edu cational institutions. The senate will meet tomorrow at 1:30. Before going into joint session the house adopted a resolution authorizing the speaker to appoint a bill clerk. J. M. Dutchic of Sil ver Bow was elected to the position. After the joint session some of the members got busy and notices of the introduction of bills were given as follows: McCoy, Gallatin-Providing for the nomination of candidates for the fed eral senate by direct vote at a gen eral election. Kilgallon-Giving a lien to hotel keepers on wages due or to become due. Whaley-To amend the law relating to jury lists and also amending the law relating to grand juries. Gray-Relating to the taxation of real estate encumbered by mortgage; also amending the law relating to voting machines; also amending the law so as to permit cities and towns to incur indebtedness for the purchas ing or establishing lighting and heat ing plants. Brewster-To amend the game laws so as to protect antelope and beaver. King-To prohibit the selling of'pools on races run on race tracks outside of the state and to prohibit the main taining of places where pools upon races are bought and sold. Byrnes-Amending the law relating to the protection of wild game. Woody--Providing for the taxation of mortgages upon real property. Chrysler-To establish a state propagation and publicity bureau to advertise the resources of the state. The house will meet tomorrow at 2 o'clock. Just before adjournment Speaker McDowell named the committee on rules and order of business. It is made up of Burke, Cluiton and Dun can. He also announced that he had selected Miss Miller of Silver Bow as his stenographer. The governor's message follows: Mr. President and Members of the Eleventh Legislative Assembly: You, as representatives of a sov ereign people, are convened in regular legislative session, according to law. I am sure you have met with a flxed purpose to perform your duties faith fully and well, and that the enthus lasm of the campaign did not disap pear with the issuance of your certifi cates of election. As members of co-ordinate depart ments of the state government, It should he our joint purpose to labor intelligently and conscientiously for the public good. . In discharge of a duty required of me by the constitution I now give to you such information of the condi tion of the state and make such recommendations as seem expedient; reserving, however, until a later date some matters of importance which will be communicated to you by spe cial message. MAKES A STATEMENT OF HIS POLICIES In addition to the views set forth in this message, I deem it my duty to state in general terms the policies whichi will be pursued by the chief executive in administration of state at fairs. The constitution of the state has created legislative, judicial and execu tive departments of state government and most wisely provided that one de partment shall not encroach upon the functions of the other. It is the duty of the legislative department to enact, the judicial department to intercept, and the executive department to exe cute the laws. The state is best gov erned wherein all officers keep strict ly with constitutional and statutory limitations. This I propose to do. General Polloy. It will be the general policy to ad minister fairly and justly the laws of the state as the legislature has en acted and the courts have interpreted them: to expend the money appro priated by you economically and for the purpose designed; to recognlis that common sense and business priaeiples in conducting the affairs of the state are quite as necessary as in business enterprises. It will not be the policy to enact the role of the reformer, who is usually spasmodic in initiative and listless in performance. The governor, to the extent of mak ing recommendations and suggesting legislation, is a member of the legis lative department. Further than the performance of these duties it will be my policy not to interfere with or at tempt to influence your actions. I shall be pleased, upon invitation, to discuss at anytime with members or committees any proposed legislation. BUSINESS AFFAIRS ON A SOUND BASIS No people as a whole, can be truly prosperous unless industrial and busi ness affairs are in a progressive and reasonably satisfactory condition. It is my pleasure to report that such conditions now exist. The products of the mines, ranges, farms and other industries are large and fairly profitable. Immigrants In large numbers are coming within our borders, building and purchasing homes, becoming permanent and use ful settlers and adding to our good citizenship. All business interests are progres sive and financial affairs are on a safe and conservative basis. It should be our special care to aid and promote those interests in every possible way. Business men seldom interest them selves in affairs of state, nor do they often ask for legislation. Requests In aid of commercial interests should re ceive your careful consideration and such action as in your best judgment may seem advisable. STFICT OBSERVANCE OF THE LAW URGED Laws are enacted to be enforced. The civilization of a people cannot be the best without a genuine respect for, and an assured execution of the law. Respect and obedience are surest ob tained by the prompt, fair and thor ough. execution of the law. For such execution, I resquest of all officers clothed with executive func tions, a thorough discharge of their duties. I appeal to all citizens to abide by the law, and to assist their officers in every way possible. An' incompe teit officer is a useless expense, and a corrupt officer is a positive menace. More stringent, and more easily exe cuted laws for the removal of incom petent and derelict officers, and for the removal from office and punish ment of corrupt officers are urgent necessities. Most Regretable. The frequency of homicides and homicidal assaults is most regrettable -indeed alarming. The ever-ready knife or gun is a potent factor In com mitting these crimes. The carrying of concealed weapons is as useless as it Is dangerous. A law providing that any one convicted of that offense must serve a jail sentence and not merely pay a fine, would, in my judgment, discourage the practice. There are many laws upon the statute books more honored in the breach than in the observance. A gran4 Jury has often proved ef fective in dealing with the less seri ous crimes, and your attention is called to the advisability of requiring its more frequent use. Whether the calling of a grand jury is made man datory or is left optional as now, it is advisable to provide for the selection of the grand jurors by the judge of the court, rather than drawing the names of from the jury box, as at present. By the method now in force the judge has no opportunity to pass upon the suitableness of the grand jurors for the services required of them. MONTANA MUST FACE A SERIOUS PROBLEM During the year 1908, by order of the state board of education, there was transferred from the income funds of several of the educational institutions to the general fund of the state the sum of $108,000. The sum so trans ferred has been used to redeem illegal educational bonds. A further redemp tion of such illegal bonds, to the amount of $133,000, has been made from the general fund. Under the authority conferred upon the state board of examiners by the voters at the last election, bonds of the state to the amount of $414,000 have been issued with which to re deem the remaining illegal educational bonds and make the educational and school funds intact. It is gratifying that the state has been enabled to re deem all of the illegal bonds and thus preserve its credit from the least question. Bonded Debt. The bonded indebtedness of the state is $414,000; all warrants and cther financial obligations are paid and there is a small balance of cash in the general fund. During the fiscal year 1910, there will, be a very serious financial problem tl deal with. Section 9 of article 12 of (Continued on Page Sever.) MR. FARMER-"GO 'WAY BACK- " j--., I' -.. -Z&-.. .iL...... --.1 ('- -' f,,Q ý o~výT 00~Oo, 10~ MgAICf ~ 4'NAT ~ Zý i ce- = TYPHOID DEYELOPS IN STRICKEN MESSINA REPORT" THAT DEADLY FEVER HAS APPEARED AMONG SUR VIVORS CAUSES ALARM. Rome, Jan. 6.-The report from Messina that typhoid fever had brok en out there has filled the authori ties with alarm and apprehension. It is realized here that unless proper sanitary precautions are taken at once the disease may spread far out side the ruined district. King Victor Emmanuel today received Ambassador Grlscom, who presented him with the steamer Bayern in the name of the American relief committee, represent ing the American people. The Bayern is loaded with provisions and medical supplies, and is ready to proceed to the Strait of Messina, The king was greatly pleased and said that the Americans were always first. His majesty advised the ambassador where the steamer should proceed and as to the best,,nmeans of .distributing sup plies to the unfortunates. 'Refugees Arrive. Thirteen thousand refugees have ar rived in Naples, of which 6,000 are wounded. They are receiving the best of care but many have died of their injuries and others have gone mad. More than 60 per cent of those taken out of the ruins after three lays have not strength enough to survive. The United States gunboat Scorpion left Naples today carrying supplies, principally of sterilized milk for dis tribution at Messina under the direc tion of the American consulate. The American vice consul, Stuart Lupton, in answer to inquiries made by the state department at Washing ton, telegraphed from Messina that the house of the Little Sisters of the Poor was destroyed. Two of the siaters, Natalia san Fillippa and Guieseppa Bion Giovianna, were killed. The oth ers, 24 In number, are desirous of go ing to Milan, but whether they can do so is uncertain. Fleet to Arrive. Rear Admiral Sperry, commander o1 the American battleship fleet, has no. tified the authorities here that he will be in Naples on January 9 with the first division, composed of the Con necticut, Vermont, Minnesota and Kansas. The latest news from Reggio shows that earthquakes occurred there to day. the shocks being about 20 min utes apart. AMERICANS CONIRIBUTE $400,000 TO SUFFERERS Washington, Jan. 5.-In order to inform the public exactly what Amer icans have thus far done through the Red Cross society, Miss Mabel Board man, the secretary, today issued an official statement announcing that the total amount of subscriptions for Italian relief so far credited and re ceived through the American National Red Crops is over $400,000. This in cludes today's contributions of $136, 779. The statement adds: "On the 31st of December the re mittance by the American Red Cross to that of Italy, through the depart ment of state and the American am bassador in Rome, was $70,000. On the 2d of January $100,090 additional was telegraphed and on the 3d of Jan uary $150,000 additional was remitted. Ship Chartered. "The expense incurred in the char ter, freighting and use of a large steamship, contracted for by the American ambassador, has been as sumed by the American Red Cross, and further remittances have been (ContiUned on Page Four.) NO INAUGAURATION ON "HOODOO" DAY Little Rock, Ark., Jan. 6.-A spe cial from Conway, Ark., says: If Governor-elect Donaghey can avoid it, he will not be inaugur ated as governor on either Friday or the 13th of the month. He de clared that he has no desire to take the oath of office on "Hoodoo day." He was asked when the in auguration would take place, and said: "Probably Thursday the 14th, or Monday the 18th. Wednesday, the 13th, would, of course, be a bad day and Friday would never do." M'CORMICK MAY DIE FROM WOUND MAN STABBED BY INSANE WIFE IS IN VERY PRECARIOUS CONDITION. San Francisco, Jan. 5.-Joseph Mc. Cormick, son of former United States Senator William McCormick of Iowa who was stabbed in the thigh by his wife last month and has been con fined to the hospital ever since, was operated on today and the lower por tion of the wounded leg removed, as gangrene had set in. He is very low tonight and it is feared will not re cover. Since he was discovered at his home last month weak from loss of blood and nearly starved to death, McCor mick has refused to allow the prose cution of his wife for the attack on him, which has never been explained. His wife, who it was discovered at the time' of the stabbing, was the demented daughter of J. M. Long, a millionaire manufacturer of this city, is now in the insane asylum, having been sent there at the request of her father.. He declared that she had nev er regained her reason after a kick on the head received during a polo game at Denver two years ago, since when she had been missing from her home. Up to the time of her assault on Mr. McCormick, Long did not know what had become of his daughter or even that she had married McCormick, who was employed as a waiter here. McCormick's mother, Mrs. Martin McCormick of Ottumwa, Iowa, is a daughter of the late United States Senator James Gray of Kentucky. She declares she will prosecute the wife despite her son's refusal to counten ance such proceedings. SENSATIONAL DECLINE. New York, Jan. 5.-Consolidated Gas shares made another sensational de cline in the stock market today. The stock opened at from 138 to 140, as to yesterday's close of 141. It rn:ved slowly downward during the early ses sion of the market, but this afternoon, on persistent liquidation, sold as low as 126 1-4. From this price the stock rallied feebly. MANAGER ABSCONDS; POWODERCOMPANY SUED Special to The Daily Missoulian. Wallace, Idaho, Jan. 5.-Alleging that J. B. Tuttle, manager of the Coeur d'Alene Powder company has myste riously disappeared J. P. Gray and other prominent local attorneys have filed suit against the company for $600, which they allege is due them from the defendant concern for legal services rendered and for money ad vanced Mr. Tuttle. Mr. Tuttle is said to have gone east on business but his definite whereabouts are not known. PRIVATE SLEUTHING PROVES COSTLY VENTURE GOVERNMENT SPENDS $15,000 FOR DETECTIVE WORK ON BROWNSVILLE AFFArR. Washington, Jan. 6.-It has cost the government $15,000 already in the em ployment of private detective agencies to investigate the Brownsville affair and the contracts with these agencies are still in force. This information was received by the senate today from 'Secretary of War Wright in response to the Foraker resolution inquiring when, and by what authority of law, Herbert J. Brown and W. (G. Baldwin were employed. It was the repert of Brown and Baldwin on which Presl dent Roosevelt based a message to con gress declaring that the guilt of cer tain of the discharged negro soldiers had been fixed beyond a shadow of doubt, and this report was attacked by Senator Foraker in a speech on the floor of the senate. Attached to Secretary Wright's com munication were copies of the various contracts entered into to be responsi ble to officials of the war department by different detective agencies. The Taft Letter. There was also a confidential letter from President-elect Taft, then sec retary of way, under date of April 16, 1908, ugring the president to make the original contract with Brown and Baldwin. Mr. Taft's confidential letter to the president follows: "War Department, April 6, 1908 (con fldential).-My Dear Mr. President: Brownsville investigation before the senate committee, while it establlshes beyond any reasonable doubt the cor rectness of the conclusion reached by you on the report of the inspectors and other evidence, has done nothing to identify the particular members of the battalion who did the shooting or who were accessories before or after the fact. Further Examination. "If the bill now pending, introduced by Mr. Warner, passes, it will throw upon you the duty of further examina tion into the evidence . to determine whether certain of those now dis charged ought not to be restored, on the ground that they were not parties to the shooting, did not know the persons who did it and were unable to give any clew to the perpetrators. It becomes your duty, therefore, an, that of the department to make every effort possible to identify the men why did the shooting and to establish the innocence of as many as are Innocent among those discharged. Holds Conference. "In pursuit of that purpose I have had a conference with Herbert J. Brown, who, under circumstances not necessary to repeat, made an investi gation into the circumstances of the affray and is a journalist of consid erable experience, and with Mr. W. C. Baldwin, the head of a large detective agency at Roanoke, Va., serving the three great railways that pass through that town. I have written to the pres idents of three railroads which Mr. Baldwin serves, to know whether he is considered by them to be trust worthy, reliable and skillful, and un til I have an affirmative answer from them on the subject I shall not sign the contract. The contract has been prepared by the judge advocate gen eral. Useless to Contlr.ue. "I have talked with Mr. Baldwin and with Mr. Brown and they think that unless within 30 days the prospect of success is bright it would be useless to continue the investigation further. If, however, their clews are found, as they expect to find them, through the use of the large force of detectives in the employ of Mr. Bald win, then 30 days further may be needed in order to render the proofs (Continued on Page Four.) BLIZZARD HITS STATE AND CITY MERCURY CRAWLS INTO HOLE AND DRAGS ORIFICE IN BE HIND IT. MILE-A-MINUTE WIND Tetrrible Blasts Come From Mountain Tops and Government Thermometers Register a" Low as 40 Degrees Be low Zero--Nine Is Limit in Missoula -Trains Are Stalled. It is a far cry from July to Janu ary, as those who crossed the bridge early yesterday morning are willing to testify. During the earlier hours of the night the first blizzard of the sea son was born high up in the moun tains, and by two hours after mid night he had acquired all the strength of a full-grown wind storm. Driving before him fine, cutting particles of sleety snow, he descended to the vul lty, and before the fury of his rush the mercury took refuge many, many degrees below the zero mark. Faster and faster came the wind, and colder and colder It grew. Down, down, down dropped the mercury, 10, 20, 30, 40 degrees below no degrees at all. It was a biting wind, asearching wind, a wind that sought out all of the un protected things and made them suf fer, a wind that nipped the ears of brakemen and stopped passenger trains; a wind that sent trees, snapped at the base, crashing down mountain sides; a wind that swept the canyons and valleys, sending everything that breathed and lived in headlong flight for sanctuary from his pitiless assault. One of the most severe cold snaps ever experienced in this portion of the state of Montana struck this place early yesterday morning, quickly driv ing the mercury to a point consid erably below zero. The temperature remained below zero all day long, re fusing to make any particular ad vance. A severe blast from the north east accompanied the decline In the mercury and prevailed at high ve locity all day long without interrup tion. The extreme affected business perceptibly, few people venturing out of the zone of their own firesides. Horses and Men Suffer. Out on the streets men and horses suffered severely from the extreme cold, and long before quitting time few signs of life or business activity were visible on Higgins avenue. Missoula, from all indications and reports, was favored with fairly mild weather when compared with that at other points east of here. At Blocs burg, probably one of the coldest places in the state, the mercury regis tered lower than in any other place from which official reports were re ceived. At Weed, another station on the Helena mountain, it is said that the thermometer registered 42 below, but this figure is regarded as an ex aggeration. Helena reported 24 de grees colder than nothing, while Gar rison claimed 35 below as its record. At Deer Lodge the mercury chased itself down to 25 In the hole, while Butte gave 18 as its official figures. Railroad reports gave 24 as the low est temperature at Evafo, but Dixon could not show a lower record than 10 near the bulb. Trout Creek came in with a belated report of 20 above zero, therefore could not be consid ered in the running. Mercury Drops 60 Degreee. In the course of 24 hours the obser vations show a perpendicular drop of at least 60 degrees in the mercury, which is going some for Montana. Snow accompanied the cold wave, especially at Helena mountain where al1 railroad traffic had to be tied up until the storm abated. West of Mis soula the accompanying snow was light, with the exception of Lookout, where nearly a foot and a half of the "beautiful" coldness descended in huge flakes. At that place the snow now lies 7 feet 6 inches in depth and is still falling, while the minimum temperature was reported at 15 be low At. Wallace, farther down the slope of the Coeur d'Alene mountain, 12 degrees of real cold existed and two feet of nno- f, Trains Tied Up. Great difficulty was experienced in moving trains over the Rocky Moun tain division, especially in an easterly direction from Garrison. During the early hours of yesterday morning it was found expedient to send three trains in on the sidings at Ellens burga nd one at Blossburg. The en ergies of the train and engine crews were devoted to keeping up a suf ficient amount of steam to prevent the engines from freezing up. Lucky Brakeman. While a high wind prevailed all over the district between Helena and Trout Creek, it attained its greatest velocity at the summit of the Helena moun tain. Railroad reports show that sev eral brakemen suffered frozen faces and fingers, while one man, in an ef fort to find a place on the train shaded from the wind, alighted from the top of a box car and sought refuge from the wintry blast in the recesses of a coal car. Scarcely had he reached his retreat when the whole roof of the box car on which he had a few moments before been stand ing was raised and blown entirely clear of the right of way. All passenger trains were more or less late in reaching Missoula from both directions. No. 3 arrived about four hours behind schedule and No. 5 (Continued on Page Four.) BIG MA JOITW GIVEN THE RAILWAY i FREEHOLDERS AL80 INDOSIRI LIGHT FRANCHISE BY OVER. WHELMING MAJORITY. OPPOSITION DISAPPEARS Loe* Than a Hundred Votes Are Cad Against the Two Ordinanere and the Immediate Constmotleg of the .Ila. trio Railway Is .lumeed by UW Wharton's Message After the BM.L RAILWAY FRANCHISE. Ward For Against Total M34. First ..... 131 9 140 1.i Second ... 68 3 71 56 Third .... 206 5 211 e01 Fourth ... 146 15 161 131 Totals ..551 32 583 519 LIGHT- EXTENSION. Ward- For Against Total MaJ. First ..... 119 13 182 106 Second ... 61 9 70 s3 Third .... 194 15 209 179 Fourth .... 135 20 155 115 Totals ..509 57 566 463 r There really is not much to be ldM about yesterday's special election that Is not told in the figures given abov The result of the balloting was that both franchise proposltions entry b a vote that Is better than 10 to 1. As was expected, the majority in favor , of the railway is heavier than'that for the extension of the light fraaohe, but the vote in each instanee is M emphatically favorable that there b not much difference. The result is gratifying to those who have put forth efforts In support ao the franchise proposition; it is espe clally gratifying to those who are o0a nected with Mr. Clark and who have interested him In the proposition. The city's acceptance of his offer to het' and operate a road is aso thorouvgt cordial that there can be no .lbt of the sincerity of the expression. J. It. Wharton, to whom the railhhy 'fNrl chise is to be given, sent this me.age, I last night, to The MissoWlau: "I want to congratulate the pee. pie of Missoula upon the splendid result of the election, and I wat. to thank them for the oordiality f.. their expression. It Was a emarksa. ably good vote and there .an he no mistake as to the sentiment La the people of your city. You mau, give them, in the morning, the a. surance that work will be started upon the railway at the earnest possible moment. We are already beginning our prepprations and we will be on the ground and at work just as soon as we can. I app1s,e elate the strength of the vote for. the plan and there will be no time lost in fulfilling the terms of the franchise, to the last detailk The table which is given above guves the detail of the vote in the sev.ral wards. There were not as many votes cast as there would have been had the weather been milder. The first blis zard of the season was in effect and, while it was not severe, It was si. clent to make it difficult for the vot ers, especially the women, to get to the polls. Carriages Were placed at the disposal of the voters in each of the wards and this helped get eat the vote. The total was as great as could be reasonably expected under the weather conditions that prevailed. There was naturally considerable Ih terest In the vote of the women. For the most part it was In favor of the plan. There was one woman in the Second ward who was outspoken in her opposition to the plan and who took pains that all present in the poll ing place should see how she voted. She was not ashamed of it, she said. But, in most Instances, what little opposition there was, was very quiet: the opponents appeared to have x-. pended their strength in the prepara tion of the anonymous circular which made its appearance the night before election. In support of the proposition the committees named by the chamber of commerce did good work at the polls all day and were active amongst the v.tcrs in the wards. The result was a great satisfaction to the chamber of commerce and is a sure forerunner' of an era of abundant prosperity for Missoula. Time will demonstrate the wisdom of the action taken. MURDER IS CHARGED. Butte, Jan. 5.-A Great Falls special to the Miner says: In the district court today was tiled by the county at torney an Information against James Hatton, colored, charging bhim with murder in the first degree for the kill ing of Mitchell Dabner, also colored, December 25, 1908. Dabner was shot by Hatton in a colored club in thib city In a quarrel resulting from a card game. Dabner died upon the operating table in Columbus hospital a few hourp after the shooting, while the physicians were just completing an operatioa. WALKER 18 SOME RUNNER. Johannesburg. Africak Jan. L~-Rt. M Walker, the South African runner, es tablished a new amateur reeod bare today. He ran 130 yards In 12 1-5 secoads.