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The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, February 01, 1909, Morning, Image 1

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aore Will Be 700 Feet Long and Lo.
oated About 200 Feet South of Pres
ent Site of Grade-Clark Dam Im'
Improvements Will Make Rail
road's Position Untenable.
Eatrly this week Winston Brothers,
the contractors, will begin the drilling
of a tunnel for the Chicago, Milwaukee
& Puget Sound railroad through the
big bluff immediately south of the
Clark dam, below Bonner. This an
nouncement was made recently by the
Puget Sound line officials, who stated
that the drilling of the mountain had
become imperative in order to permit
extensive additions and improvements
at the south end of the dam by Sen
ator W. A. Clark.
It will be remembered that during
the high water of last June the Puget
Sound people lost a consideraon,
amount of their "dump" from the dam
westward about a quarter of a mile,
and later blastesC a grade about 50
feet above the river's low water mark,
expecting that this grade, would be
their permanent location. Unifortu
nately for the plans, however, the land
on which the railroad company had
constructed its line belongs to Senator
Clark, who now finds it expedient to
build the proposed dam improvements
which will be most apt to render the
position of the Puget Sound untenable
at some future time.
South of Present Grade.
The proposed tunnel will pierce the
mountain at the place known as
Bandmann, on the third curve below
Bonner, and will be 200 feet south of
present open grade. In length it will
be 700 feet and is to be built on about
the same spicifications and plans
which have governed the Puget Sound
company in the construction of all of
its western extension tunnels. The
drilling will be through a formation
of blue shale and a brown rock, which
is considered good for driving.
It is proposed to start the drill from
each side of the mountain simulta
neously and, according to the figures
named by the officials who will have
charge of the work, the construction of
the bore will consume at least six
months' time, under the most favor
able conditions.
Orders have been issued by the rail
road company to the contractors, tc
start the work at once with the larg
est force practical and to rush the
tunnel to completion. Every modern
appliance will be used in driving this
bore and electric!ty will be supplied
from the Clark plant by which to op
erate the drills and other working
Flood Damage.
During the floods of last June the
Puget Sound company lost over 150,
000 cubic yards of grade in the vicin
ity of the Clark dam, and with this
damage in n.ind, and the further fact
that Senator Clark's dam improve
ments may in a measure, effect the
railroad dump, the company has
deemed it most expedient to construct
the tunnel and eliminate the possibil
ity of further damage
The construction of the bore at
Bandmann will in no way delay the
laying of steel through to Missoula, as
the grade now established will be more
than equal to all the demands made
'upon it. It is said that the Bandmann
tunnel will cost in the neighborhood
of $600,000 when completed.
Gibraltar, Jan. 81.-The first division
of the United States Atlantic fleet,
oomposed of the Connecticut, Vermont,
Kansas and Minnesota, under com
mand of Rear Admiral Sperry, arrived
here this morning from Ville-Franche.
From the moment the glistening white
hulls of the American ships were mere
specks upon the blue waters of the
Mediterranean every point of vantage
on the rock of Gibraltar was occupied
by people.
The two British battleships Albe
marle and Albion and the four ships of
the second cruiser squadron Just re
turned from South American waters:
the Russian battleships Tsarevitch and
Slava and the protected cruisers Bo
gatyr and 0leg, the French gunboat
Casine and the Dutch gunboat Helm
adal, lying inside the breakwater with
sides manned, flags dipping and bands
playing, greeted the Americans as each
in turn entered and was berthed. The
American battleships responded with
flags and music, the band on board
the Connecticut playing the national
anthem of each country represented.
As they passed the Jackles aboard the
Russian warships uncovered and stood
with bared heads, while the American
bands rendered "God Save the King."
Vice Admiral Goodrich, the admiral
in command of the naval establish.
ments at Gibraltar, also Admiral Sper
ry's superior in rank, did not wait for
the latter's visit, but immediately
boarded the Connecticut to extend his
greetings, at the same time insisting
that the ships of the divisions due here
tomorrow, as tar as possible, anchor
in the basin instead of on the Alge
olras side as previously arranged.
The senior officers of the foreign
ships followed suit and later in the
day Dear Admiral Sperry returned the
New York Proseouter Is Given Right
to Mix in. Panama Graft Charge
Case-Government Reserves Right
to Protect Unnamed Offioial-Co
Operation Is Promised.
New York, Jan. 31.-United States
District Attorney Henry L. Stimson
made public tonight a letter in reply
to one written, by District Attorney
Jerome on the subject of beginning an
action for criminal libel in the state
courts against the publishers of the
New York World because of published
charges regarding the Panama canal
Mr. Stimson tells Mr. Jerome to go
ahead. Mr. Jerome had asked if ap
tion in the state courts on nehalf of
Douglas Robinson, the president's
brother-in-law,, would be an unwise
interference with the actions begun un
der federal jurisdiction.
Mr. Stimson answers this question
negatively, but he does not state that
the federal inquiries or prosecutions
will cease if Mr. Jerome begins an ac
The Letter.
It is apparent that while the federal
authorities concede to Mr. Jerome the
right to appear as the protector of
Douglas Robinsons' good name, they
reserve to themselves the privilege of
acting in defense of the reputation of
"a gentleman who occupied the posi
tion of head of the war department,"
in any federal jurisdiction where the
case applies.
Mr. Stimsr,n's letter says: "My
Dear Sir: I have received your letter
of January 26. The series of publf;a
tions in the New York World to which
you refer have for some time been un
der my consideration. These publica
tions, which I concur with you in con
sidering libelous, appear to have been
circulated by the newspaper in a num
her of distinct and independent juris
dictions and to contain charges reflect
ing upon the personal character of a
number of men, of whom some are in
public life and some are private citi
zens. In each of these jurisdictions.
under well-known principles of law.
each of these publications would con
stitute a separate offense, and as it
happens in this case, each one is char
acterized by distinct and peculiar feat
Worthy of Attention.
"Your letter makes clear the offense
against the laws of New York state,
constituted by the attack upon the
reputation of Mr. Robinson. The cir
culation of similar charges of personal
corruption or disposition or against a
gentleman who occupied the position
of head of the war department, among
the officers and men of the army, resi
dent upon the military reservations in
my district, or amdng the residents of
the District of Columbia, where the
war department is situated, may well
engage the attention of the officials
whose duty it is to enforce the law in
those localities.
No Interferenoe,.
"In accordance with your request I
have conferred with the attorney gen
eral. In answer, therefore, to your
query as to whether a prosecution on
your part as to the alleged libel upon
Mr. Robinson would be regarded as
'an unwise interference with a matter
over which the federal courts have
jurisdiction and in which action has
(Continued on Page Twelve.)
calls, going first to Admiralty house
to repay Vice Admiral Goodrich's
At sundown the Georgia and Ne
braska under command of Rear Ad
miral 'Wainwright arrived from Tan
gier. Five oolliers and the auxiliaries
Panther and Yankton already are here
and the coaling of the first division
will begin tomorrow.
Besides entertainments for the men
to be arranged by the various crews,
such as athletic, boxing and rowing
matches, and dinners and parties
ashore and afloat for the officers, the
functions will include a dinner at the
Admiralty house Wednesday, a race
meeting and a dinner to be given by
the military governor, General Sir
Frederick Foreetler-Walker, which
will be followed by a ball at the as
sembly rooms arranged by Richard L.
Sprague, the American consul.
There will also be a big gymnastic
tournament in which the American
officers are expected to participate as
The program for the reception of
the fleet on its return to Hampton
Roads has been completed. It prac
Ically reverses the program carried out
when the fleet sailed. President
Roosevelt on board the Mayflower an
chored between the Horseshoe and
Lynn Haven bay, will review the fleet
as it passes in at noon on February 22.
Rear Admiral Sperry, the other com
manders and executive officers will
then go aboard the Mayflower to re
ceive the president's'greetings, after
which the president in turn will visit
the flagship of each division and meet
the assembled officers and six repre- i
sentative sailormen selected from the
The Yankton will leave here for
Hampton Roads tomorrow.
VALEITIAJS PltlCt of n e :
doT `o uP
---- V
CoL.0 IN Al
Sf l I A T s - 4
Washington, Jan. 31.-With the con
vening of a new congress scarcely
more than a month distant, the selec
tion of the standing committees of the
next house and particularly the award
of chairmanships has become the sub
ject of keen speculation.
The understanding among members
is that the rule of seniority will be
followed in selecting chairmen, but
there may be some exceptions. There
are, however, some important commit
tees whose chairman will not be mem
bers of the next house and the selec
tion of their successors is causing no
little speculation. Among these com
mittees are those on judiciary, of which
Mr. Jenkins of Wisconsin is chairman;
interstate and foreign commerce, Col
onel Hepburn (Iowa), is chairman; riv
ers and harbors, Senator-elect Bur
ton, chairman, and postoffices and
postroads, Mr. Overstreet of Indiana,
chairman. These are four of the most
important committees of the house and
the chairmanship of each is highly
Representative Alexander of Buffalo,
N. Y., will be the ranking member of
the committee on rivers and harbors
after Senator Burton of Ohio takes his
seat in the senate.
With the renewed agitation in the
middle west for waterway improve
ment, there has sprung up a keen de
sire to keep the chairmanship of the
rivers and harbors committee in that
territory and the western members
want Representatives James H. David
son of Wisconsin. Unless Colonel Hep
burn of Iowa decides to contest for
his seat in the house, and the chair
manship of the committee on inter
state and foreign commerce is left va
cant on that account, there will be a
big problem to b, solved in that com
mittee. The ranking member below
Mr. Hepburn is James S. Sherman,
vice president-elect. Next comes
Messrs. Wanger of Pennsylvania, and
Mann of Illinois, respectively.
Representative William H. Stafford
of Wisconsin may be selected for the
postoffice chairmanship, although Jo
seph F. Gardner of New Jersey, who
outranks him on that committee, is
said to be associated with the chair
manship of the committee on labor.
Representative Sperry of Connecticut,
the oldest man In the house, is men
tioned as successor to Mr. Overstreet
as chairman. It is generally conceded
that Representative Perkins (New
York), will succeed Mr. Cousins of
Iowa as chairman of the committee on
foreign affairs.
New York, Jan. 31.-Four entries
were received today for the Fulton air
ship flight contest for a prize of
$10,000 given by the World. The ae
rial navigators will parallel in the air
Robert Fulton's course steaming up
the Hudson river in the first steam
ship. The contest will take place next
fall during the Fulton memorial cere
monies. The entries already in are
Captain Thomas Scott Baldwin of
Hammondsport; A. Leo Stevens of
New York; Charles J. Glidden of the
Aero club, and Mark O. Anthony.
Boston, Jan. 31.-An entry for the
race of dirigible balloons from New
York to Albany next autumn was made
tonight by the New York-Boston Ae
ril Navigation company. Charles G.
Landon placed the entry in the hands
of Augustus Post, secretary of the
Aero Club of America.
Today it behooves the people of
Missoula, of all Montana cities
blessed with sunshine most, to get
together and pull for leaden skies
tomorrow. Tomorrow is "Ground
Hog Day" and, if the popular super
stition is to be believed, it is abso
lutely essential to all hopes for an
early spring that the little animal
fail to see his shadow when he
emerges from his hole tomorrow to
ascertain what has happened in the
world since he retired, after setting
his alarm clock for February 2. If
the sun is shining, then Mr. G. Hog,
frightened at the black outlines of
his little self, dashes madly back
into his hole and six long, cold and
weary weeks ensue before he dares
to come out once more and the first
appearance of spring is contempor
aneous with his appearance. There
fore, it behooves the people of Mis
soula to pray for cloudy weather
on Tuesday.
Chicago, Jan. 31.-George Busse,
brother of Fred A. Busse, mayor of
Chicago, tomight accidentally shot and
killed Mrs. Lucius C. Tuckerman, wife
of a fruit dealer at Milton, N. Y. The
shooting occurred in the Walton apart
ment building, 305 North Clark street.
Mrs. Tuckerman was visiting her
father, General A. C. Girard, retired,
who occupied an apartment in this
building. George Busse, in his apart
ment across the areaway from the Gl
rards, was demonstrating the use of a
revolver to Bertha Lambke, his house
maid, so that she could use the wea
pon in case of burglars. Suddenly the
revolver was discharged, and the bul
let went through two windows, into
the Girard apartment and pierced Mrn.
Tuckerman's heart. Mayor Busso was
present, and as soon as he learned of
the fatal consequence notified the po
According to the statements made
to the police, George Busbe was about
to leave for Cincinnati on a business
trip. He did not care to leave his
mother and the maid at home alone
without some means of protection. He
therefore purchased a revolver and was
instructing the maid how to use it
when the trigger was pulled accident
ally. Mrs. Tuckorman was in a bed
room dressing. When struck by the
bullet she staggered into a hallway.
General Girard and Mrs. Tuckerman's
5-year-old son Alfred rushed from an
adjoining room.
"Oh, father, I have been shot and
I'm dying," said Mrs. Tuckerman, and
expired. A moment later there was a
pounding at the door of the Girard
aparement, and Mayor Busse and his
brother came in.
Mayor Busse's wife and mother fol
lowed. The mayor summoned a physi
cian and notified the police by tele
phone, but the woman died before the
phlysician arrived. No arrests were
made, General Girard expressing him.
self as satisfied that the shooting was
purely accidental.
Washington, Jan. 31.-The cold wave
continues to hold that part of the
country east of the Mississippi within
its grasp although low temperatures
prevailed, freezing being as far south
as Florida, fair weather conditions
having prevailed generally. Warmer
conditions are reported nest of the
In the central valleys ant tne upper
lake region and the gulf states tem
peratures will rise, while over the
western half of the country they will
change but little.
Sacramento, Cal., Jan. 31.-Definite
action will be taken during the pres
ent week, it is expected, on two impor
tant subjects of contention in the Cal
ifornia legislature-racetrack gambling
and the restriction of Japanese. In the
senate the law against turf gambling,
which is modeled after the Hughes law
in New York and has already passed
the assembly, will be made a special
order of business for Tuesday. Sen
ator Georg- S. Walker, one of the
sponsors for the measure, asserts that
not more than five senators will vote
against it.
A. M. Drew's anti-alien land bill, as
amended by him to conform to the
wishes of President Roosevelt, will be
favorably repbrted by the committee
on judiciary and action may be taken
on it on Tuesday, for which time it
probably will be made a special order
of business. This bill is almost an ex
act duplicate of the Oklahoma law. It
does not specify that aliens must be
come citizens of the United States in
order to retain land or to purchase
land. It was because of the fact that
Mongolians are the only aliens barred
from citizenship that the president ob
jected to Mr. Drew's first bill as be
ing discriminatory against Japanese
and Chinese, it permitting all other
aliens to hold land by the process of
taking out citizenship papers.
The bills introduced by Grove L.
Johnson early in the session to pro
hibit aliens from being members of
boards of directors and segregatinp
Japanese in the public schools and
segregating all undesirable aliens in
the residential districts tvill be taken
up as a special order of business on
Wednesday. A feature of the fight
that is expected to develop in the con
sideration of these measures will be
the determined stand for the bills tak
en by a majority of the members of
the San Francisc, delegation and those
members in whose districts are large
numbers of Japanese.
Washington, Jan. 31.-Daniel J.
Keefe, commissioner general of immi
gration, has sent invitations to more
than a score of prominent leaders ask
Ing them to participate in the pro
posed "council of labor," to be held on
February 10, at the department of
commerce and labor to discuss ques
tions vital to the wage earners of the
The conference will consider the
misleading labor information that
causes much of the immigration and the
heads of all important labor organi
sations will participate. Among those
invited besides Samuel Gompers, pres
ident of the American Federation of
Labor, is Andrew Furuseth of San
Francisco, president of the Seamen's
International union.
Louisville, Ky., Jan. 31.-Cameron
Clemens, playing in vaudeville here,
was seriously shot today in his dress
ing room by Willis Brown, a member
of his company. Brown, who was ar
rested, declared Clemens was the
cause of him losing his position with
a vaudeville company to which both
Springfield. Ill.. Jan. 31. - The
Springfield Law and Order league, an
.,raenization of negroes, today adopted
resolutions condemning the Lincoln
Centennial association for excluding
negroes from the celebration to be
held here in memory of the 100th birth
day of Abraham Lincoln.
Railroad Camp Witnesses One of the
Fiercest Encounters Ever Held in
Western Montana-Winner Gave
Away 20 Pounds and Held Bulky Op
ponent at Mercy for Two Rounds
Special to The Daily Missoulian.
Taft, Jan. 31.-In the fourth round
of the bloodiest prize fight ever seen
in western Montana, Frank Hart of
Taft sent Jack 'ixon of Wallace to
slumber, sound if not sweet, at 1
o'clock this morning, the particular
sedative used being a stiff jolt under
the heart followed by a quick uppercut
to the jaw. Dixon was terribly pun
ished and it was long after the count
that he was restored to consciousness,
The victory was as decisive as any ever
scored in the ring and marks Hart as
a pugilist of no mean pretensions.
Betting Is Heavy.
The event was pulled off under the
auspices of the Taft Athletic club and
was well attended. The purse was
$250 and there was a large amount of
side speculation, as there has been con
siderable question here as to Hart's
ability with his mitts and the few
friends that he had at the ringside
found plenty of takers for all the
money they could put up. If they had
been well heeled they could have
"busted" Taft's sporting population
wide open.
Dixon had all the advantage of
weight and reach. lie is about four
inches taller than Hart and weighed
190 pounds against the 170 units of
avoirdupois that his opponent regis
tered. In the opening round, this ad
vantage counted little in his favor
but the lighter man rallied In the sec
ond and after the men once got
warmed up to their work, Hart had
things all his own way.
Cat and Mouse Work.
In the second round a well-placed
Jabhin the left side made the big fel
low groggy and Hart could have put
him out then and there if he had chos
i-n: he appeared to want to punish
Dixon as much as he could before de
livering the final coup de grace and
he played with the bulky chap for two
rounds and a half.
From the outset it was a fight. The
men mixed fast and hard and for two
rounds there were not many clinches.
In the third, Dixon did a good deal
of hugging to save himself but he got
the worst of it In the breakaways, as
Hart was there every time with a
kidney poke that was at all times ef
fective. Then Dixon resorted to foot
work but at that Hart, too, was his
At Hart's Mercy.
When the men faced each other for
the fourth round, it was evident that
Hart could do the business whenever
he wanted to. He hammered the big
fellow all around the ring and had
him against the ropes most of the
time. When the final stroke was
given, the men were In the middle of
the ring. Dion was clearly dazed and
was endeavoring to ward off the rain
of blows that was pouring upon him.
His arms raised to give Hart the open
ing he had been waiting for and there
was a quick thud as the mitt struck
the side of the Coeur d'Alene man;
he tottered and, as he wobbled, Hart's
left went to the chin for the Jab that
meant oblivion. Down went 190
pounds of bone and sinew to the
Hart stood over his man, ready to
follow up his advantage, but that last
uppercut had done the business thor
oughly and there was no movement in
the bulky frame stretched on the floor,
as the referee slowly checked off the
fatal seconds. At the count of 10
Dixon's seconds rushed through the
ropes and began the work of resusci
tatlon. It was a long time before the
big fellow came to enough to inquire
how many others had been killed in
the landslide.
The Fight by Rounds.
Round I-Both men sparring can
(Continued on Page Twelve.)
Manila, Feb. 1.-The Philippine as
sembly opened today with simple cere
monies. President Osmena presiding.
The first business to come before the
body was the annual message to the
assembly of Governor General James
F. Smith, which read in part as fol
"My last word to the Filipinos is
that until the great majority and not
a small minority of the citzens are
prepared to make intelligent use of
the franchise; until democratic usages
and customs have permeated through
out the population and become a part
of the daily life of the people; until
the power of unconscionable agitators
and demagogues is broken: until edu
cation has created a Just public senti
ment which specific argumetns and
false doctrine cannot destroy; until a
citizen has not only the 'power to
judge but also the courage to oat for
himself, the best future of the islands
lies with the land which has given
the Filipinos freedom of speech, lib
erty of the press, freedom of worship;
'EM WNAri'&
Roosevelt Takes Up All Phaee of
ject in Detail and Quote Frae
orandum and Cre.gsedenae-U
That Native Sons Oenselde
Portions of the Country.
Sacramento. Jan. 3L--Ovee
lett made public tonight the 11Y i
letter received from Pasldeat
velt with regard to auti-Ja.esmt -
Isiatlon now pending In the
legislature. President RIom evlt ,
from a letter from te b
of State Root to Governor GliUtt iad
from a memorandum, pointing oet that
M r. Rout saw no objeotlon tO a law
which treated all aliens alike. but thil
to avoid conflict with the coast.t
such statute should contain an ex
pressed provision excepting from its
operations any right secured by treaty
between the United States and forei
nations. Mr. Roosevelt says this view
has his cordial indorsement.
Roosevelt's Letter.
The following Is a copy of Premideat
Roosevelt's letter to Governor Giflet,
received today, regarding the atIW
Japanese legislation now pending tb
the California legislature:
"The White House, Washingtma D.
C., January 26.-My Dear Goverasr:
Prior to receiving your letter and a.
companying copies of bills you Iad
sent identical telegrams to the senae.
tary of state and myself, and to this,
the secretary of state answered as fol
What Root Said.
" 'January 25, 1909. Hon. J. N. Gil
lett, Governor of California, Scra
mento, Cal.: I can see no objection tO
the passage of a law which trebts al
aliens alike in aclquiring and transit-r
ring real property. To avoid conflet
with the constitution of the United
S.t:tes, however, such statute should
contain an expressed provision except
ing from its operation any rights Ue
cured by treaty between the United
States and foreign nations. See dea·
cions of the supreme court of the
I'nited States in the cases of Chime
versIus (Chirac. 2 Wheaton 359; Hughes
versus Edwards, 9 Wheaton S;
Hauenstein versus Lynhamn, 100 United
States reports 4i3; Geoffrey velses
ltia'gs, 133 iUnited States reports 361
and a long list of similar decisions by
the supreme court.
(Signed) "'ELIHU ROOT.'
"I have now received your letter and
the copies of the bills. The. secretary
of state has submitted to me the.fol
lowing memorandum which has my
hearty approval:
" 'Memorandum for the president on
hills in the California legislature .re
lating, or supposed to relate, to Japd
"'I have been able only to make a
very cursory examination of theme
bills, and can only give you first I
pressions. It is quite possible that en
closer examination other sentiments
may present themselves. *
As to Property.
" 'The treaties between the United
States and a considerable number of
foreign nations have provisions for
reciprocal rights of aliens as to hod
Ing real and personal property. It is
perfectly well settled that the taking
of such reciprocal provisions is within
the treaty-making power, and iuastel
of aliens having in the state of CMS.
fornia such rights as are accorded tO
them by these treaties except on they
may be affected by the provislons of
the act or of the constitution of Cal
fornia, the precise reverse is neces
sarily true. The proper statemeat
would be that their rights arem pe
scribed and limited In the act eespt
as they are conferred and declared by
the treaty. This general statement is
true of all aliens the ltlsens sor eub
jects of nations which have seb
treaties as I have described with the
United States.
Permitted to Trade.
" In the particular case of JapL.,
the second article of the treaty t 1)
vember 22, 1854, provides that the el
(Continued on Page Twelve)
the right of the iOts ,
nfses an.ast hea i s
exercise of the fry
autonomy in mubniigg
affairs, the right te
many other right·,
leges not enjoye by
independence anu Gt
for hundreds of yearsP
Governor Smith degsoue *th
Ing gulf between the am sh
Filiplino In the Philllau a e)a
ly urged that the. draw.
gether and act in uznity L
Interests of both. Hisate
ly criticised the municipal
of Manila and the mtlntl1
force, the personnel eof y h
was not equal to that oP 2 ig
ants of the ofty.
The provineal governmeat.
Smith pronouued to be mn
The annual igrto e
the islands ahols
1,oo,ooe pesei. (abeat
190i under the fig mis eft >

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