Newspaper Page Text
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VOL. XXXV. NO. 246. MISSOULA, MONTANA, WEDNESDAY MORNING, JANUARY 6, 1909. pii.coE ,wz.
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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
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
McCoy, Gallatin-Providing for the
nomination of candidates for the fed
eral senate by direct vote at a gen
Kilgallon-Giving a lien to hotel
keepers on wages due or to become
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
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
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
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
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.
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
It will not be the policy to enact the
role of the reformer, who is usually
spasmodic in initiative and listless in
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.
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
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.
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
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
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
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- "
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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.
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
The latest news from Reggio shows
that earthquakes occurred there to
day. the shocks being about 20 min
$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.
"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.)
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
"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
MAN STABBED BY INSANE WIFE
IS IN VERY PRECARIOUS
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
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.
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
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.
GOVERNMENT SPENDS $15,000
FOR DETECTIVE WORK ON
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
Mr. Taft's confidential letter to the
"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.
"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.
"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
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.)
MERCURY CRAWLS INTO HOLE
AND DRAGS ORIFICE IN BE
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.
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
FREEHOLDERS AL80 INDOSIRI
LIGHT FRANCHISE BY OVER.
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
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
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
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