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HLER THE DAILY MISSOULIANN __ To Vr. NO. 27. IOULA, OTANA, TUESDAY MORNING, FEBRUARY 2, 1909. VOL. XXXV. NO. 273. MMISSOULA, MONTANA, TUESDAY MORNING, FEBRUARY 2, 1909. Paw MILLET TELLS OF TIMBER DEALS ADMITS HIS COMPANY SECURED MUCH LAND THROUGH "DUM MY" PURCHASERS. DENIES UNLAWFUL INTENT Montana Manager of Big Lumber Com pany Relates Story of How 13,76. Aores of Valuable Timber Holdings Were Purchased From the State Investigation to Be Lengthy. Special to the Daily Missoulian. Helena, Feb. 1.-The investigation which is being made by the special committee, of the land department atf fairs, promises to be a prolonged one. Two sessions were held today and the prospects is it will be next week be fore the committee is ready to make its report. The two important witnesses today were George McRae, superintendent of the Northwestern Lumber company, and G. W. Millet, Montana manager for the Julius Neill Lumber company, a Minnesota corporation. The latter testified his employers had bought 13, 763 acres from the state, paying $240, 000 for it, and his counsel informed him, as did Register Schmit, that not more than 160 acres could be deeded directly to any one person, and that in consequence a number of names were submitted, and later that these transferred their holdings to the com pany. These "dummy" purchasers were residents of Minnesota, Wiscon sin, Canada and Chicago. Mr. Millet insisted there was no in tention to evade the law, but rather to observe the rules of the land depart ment. He declared that throughout he had acted on advice of counsel, and that his company was only following the precedent established. He said he would be willing to recommend to his company the return of the lands if principal, interest, taxes and millsite were refunded. MoRae testified that his company had cut perhaps 14,000,000 teet of timber from the lands pur chased from the state at the time the deal was made over wnich the com 'plalnts were filed with Governor Nor ris by Edward Dickey. He said he es timated this timber to be worth from $1.50 to $2 standing. He said that he did not tell a homesteader named Bis sell that the state would not realize $1 a thousand on the sale. DAMAGING EVIDENCE IS GIVEN WOMAN DECLARES MRS. HENRY CONFESSED TO SETTING FIRE TO HOTEL. Special to The Daily Missoulian. Kaliepell, Feb. 1.-Ora Reeves and Mrs. May Henry are again behind the county jail bars as the result of dam aging testimony by Mrs. Holland, an inmate of the county jail. Mrs. Hol land has been in jail since the shoot ing of her husband at Essex, and, hav ing conversed with Mrs. Henry regard ing the Columbia Falls arson case, made known that she knew some dam aging evidence against Mrs. Hcnry and Reeves, but when brought to Justice Rice's court to testify Saturday after noo she denied any such knowledge. Saturday afternoon after leav ing the court house, however, her con science, as she put it, began to hurt her, and she again appeared at the In stance of County Attorney Stevens and divulged the whole story, as she claims Mrs. Henry related it to her. She stated that the night the Gaylord hotel was fired that Reeves bored the hole in the wall, that a bartender whose name she did not remember ap plied the match and kerosene; .that 'Mrs. Henry had confessed to her hav ing been in the company of these gen tlemen in men's attire, and that it was she that fired the oil with the torch. Bail of $2,000 each could not be fur nished, and they are still boarding with Sheriff O'Connell. HARVESTER COMPANY WILL PAY ITS FINE Topeka, Feb. 1.-The International Harvester company will pay the fine of $12,000 assessed against it by the district court of Shawnee county and approved by the Kansas supreme court for *iolating the Kansas anti-trust law. It was generally expected that the company would appeal the case to the United States supreme court, but as no such motion has been filed, it is pointed out by the attorney gen eral that the company intends to pay. Within a few days the district court will be asked by the Kansas attorney general to collect the ine. JUDGMENT BY DEFAULY. New York, Feb. 1.-Judgment by de fault was directed by Justice Platnk in the supreme court today in favor of John W. Gates in an action to re cover $131,355 on a promissory note from Charles W. Morse, the banker who is now in the Tombs prison pend ing an appeal from his conviction for violation of the federal banking laws. CITY FATHERS VOTE FOR CARS STREET RAILWAY ORDINANCES ARE PASSED BY ALDERMEN OF MISSOULA. TWO WET SUBJECTS UP Council Discusses Higgins Avenue Sa loon Ordinance and Petition and De oides to Buy New Outfit for Sprink ling-Alderman Wilkinson Presides over Long Session. "Now come on with your road," said Alderman Shapard last evening, just after the city council passed the ordi nance granting to the Clark interests a street railway franchise in Missou la. The council took final fction on the street car proposition a tew min utes after 10 o'clock last evening, aft er two hours of routine work. The ordinance extending the franchise of the Missoula Light & Water company was also passed. The resolution granting the street car company the privilege of crossing the new Higgins avenue bridge was approved. The ac tion of the council last evening was a mere formality, as the vote of the property owners of Mlssoula made it compulsory for the council to ratify their expression of opinion. Enthusiastic Audience. A large and enthusiastic audience sat and stood through a long and wear isome session of the council, atracted by the proposed ordinance banishing the demon rum from Higgins avenue, the plumbing ordinance, proposed Rat tlesnake improvement district, and the petition of H. B. Getty for reinstate ment to his position of engineer of the south side fire department. Ald erman Wilkinson presided, in the ab sence of Mayor Keith. The greater part of the audience stuck it out un til 11:15, when the council finally broke away from itself. Saloon Ordinances. The question of saloons or no sa loons on Higgins avenue came up and, still, it didn't. The committee to which had been submitted the ordi nances, tendered the council by the representative of the voters who signed the original petition last fall, regulating the number of liquor li censes to be granted and forever ban ishing the business from Missoula's principal street, reported, recommend Ing that both measures be rejected. The committee had an ordinance of its own, which it offered as a substi tute for the other two. The new or dinance regulated the number of li censes to be issued but said nothing about Higgins avenue. The public is familiar with the provisions of the measures presented last fall-October 6, to be exact-and a discussion of the proposed substitute only is of interest now. In epitome, the new ordinance prohibits the granting of any addition al licenses until Missoula's popula tion shall have reached 20,000, with the eiception of men who build ho tels. These buildings must be at least three stories in height and must con tain at least 80 rooms. Another pro vision of the new ordinance-wherein the old one is duplicated-prohibits the liquor business from South Mis soula. According to the measure, the proper number of saloons for the city is 88 and the present number ishl be lowered to that figure, as rapidTy as licenses become inoperative by being relinquished or revoked. At the re. request of E. E. Hershey, attorney for the petitioners, who backed the orig inal ordinances, the entire matter was laid over until the next session of the council. Mr. Hershey was out of the city last evening and was unable to appear before the council. Anoth*r Wet Subject. The council last evening voted to buy five sprinkling Darts for use on the city's streets. Three of these are to be new, while two will be purchased from D. J. Heyfronwho formerly held the contract for street sprinkling and owns the wagons used. The new carts are to be made by the Studebaker company and will be of wood. Two of them will have a capacity of 750 gallons each, while the other will hold 1,000 gallons. Chief May Sustained. A story of dissension in the ranks of the fire department was aired in the copncil meeting, when H. B. Getty presented a petition for reinstatement. Mr. Getty asserted that he had been dismissed for no teal cause from his position as engineer of the south side department. The council called on Fire Chief May for his reasons for discharging Mr. Getty and the chief replied that his action had been tak en on account 6 insubordination. He incidentally stated that Mr. Getty was "awful disagreeable." After several others had spoken briefly, among them E. C. Reits, the council voted to sus tain Chief May. Ask for Street Permit. A petition for permission to use the streets of the city for wires and poles was presented in behalf of the Mon tana Independent Telephone company. Accompanying the petition was an ordinance granting the privileges asked. The company promised the city the use of 10 instruments free of charge. The whole matter was re ferred to the ordinance committee. Improvement District Ordered. The council decided not to allow the protest made against the establish ment of an improvement district along the Rattlesnake and voted to begin the (Continued on Page Tea.) WILL HE SEE HIS SHADOW? CoUT l Qo ,,D, BEFORE THE COURT ON LARCENY CHARGE MRS. MARTHA DUNPHY IS ON TRIAL FOR ALLEGED THEFT OF JEWELRY. Chicago, Feb. 1.-The trial of Mrs. Martha Mabelle Dunphy, wife of a Boston phyclian on a charge of lar ceny, was begun in Judge Clifford's court today. Charles E. Giles, also of Boston, who charges Mrs. Dunphy with having stolen $8,000 worth of jewelry and securities from his trunk at a hotel here, testified that Mrs. Dunphy last April borrowed from him $8,000 and that he gave her $1,000, lat er taking as security an assignment on her father's estate in California. Giles said Mrs. Dunphy' had told him she expected to inherit a large sum of money from the estate. Giles said Mrs. Dunphy left Boston on September 1, supposedly for California, to arrange for the settlement of the estate. Giles said that he left- Boston September 12 for Chicago. In this city he re ceived a telegram from Mrs. Dunphy from Missoula asking him to meet her there. He left for Missoula and stayed with Mrs. Dunphy's relatives. The morning after his arrival, Giles testified, Mrs. Dunphy told him the estate was not ready to be sold and warned him to say nothing to her rel atives. "We spent three days there, auto mobiling, etc, when I started to get ready to go back, Mrs. Dunphy in formed me I would have to take her with me as she was without funds," said Giles. Traveled Together. After visiting several cities, Giles said, they came to Chicago together. 'While on the train," continued the witness, "I made arrangements to have our trunks delivered at the Great Northern hotel. Upon our arrival in the city, however, we were unable to secure any accommodations at that hotel and were compelled to go to the Transit hotel at the stockyards. The next day I was informed that there was a room at the Great Northern and we went there. Three days later we prepared to continue our journey to Boston and after helping to pack our trunks I left Mrs. Dunphy in the room and went to see a friend." "What was the condition of your room when you returned?" "I found the place in confusion. My trunk was broken open. The clothing it contained was strewn over the floor and the valuables were gone." Tells of Search. The witness then told of the subse quent search for Mrs. Dunphy and of his next , seeing her on October 10 when she was brought into the Boston courthouse for identification. Attorney E. J. Raber, for the de fense, in outlining his argument before the jury, said: "We shall prove that Mrs. Dunphy went to Giles' office in answer to an advertisement for the purpose of mak ing a small loan. From that day Giles became madly infatuated with her and pressed his attentions upon her. We will show that the Jewelry Which Mrs. Dunphy is alleged to have stolen was given by her to Giles as security for the loan and that on meeting her obligations they were re turned by Giles in Dubuque, Iowa. "Giles repeatedly asked Mrs. Dun phy to give up her husband and mar ry him and one time threatened her with a revolver." The relatives of Mrs. Dunphy, referred to in the above article, are a sister and brother-in-law who reside in this city, but whose names are withheld. Mrs. Dunphy visited her sister at the time referred to and spent several days in this city. At the,time charges were first preferred against the de fendant, her sister told a Missoulian representative that the accusations were absolutely without foundation and were prompted by Giles' jealousy because Mrs. Dunphy refused his at tentions. DIXON INTRODUCES ANTI-LIQUOR MEASURE Special to The Daily Missoulian. Washington, Feb. 1.-Senator Dixon presented in the senate to day an amendment to the Indian appropriation bill, prohibiting the sale of intoxicating liquors on the Flathead reservation lands for a pe riod of 26 years. The amendment also directs the secretary of the in terior to withdraw lands for water power and reservoir sites for the purpose of irrigating reservation lands. General Warren arrived today with the electoral returns of Mon tana and explained to Vice Presi dent Fairbanks that a broken arm was responsible for his delay. He discovered after his arrival, how ever, that he had traveled all the way to Washington forgetting to bring with him, his certificate of selection as messenger. The fine which attaches to a failure to de liver electoral returns on the date set by law, will be remitted in the case of General Warren because of the fact that a copy of the returns were sent by mail. WHITE GIHL MARRIES A CHINAMAN HELENA NURSE 18 WEDDED TO CELESTIAL AND TAKES UP ABODE IN CHINATOWN. Special to The Daily Missoullan. Helena, Feb. 1.-Yee Hoe Joe, a Chinese cook, and Miss Margaret Gil lett, a trained nurse, born in England, but who has been a resident of Helena for a year, were married here today by a justice of the peace. After the ceremony the Chinaman took his bride to Chinatown. The woman is 29 and the Chinaman 39. She has been ac credited with more than the average intelligence and has nursed in the best families in town. It was while so employed on the west side that she met the Chinaman, who was cooking at a neighboring house. Yee Hoe Joe appeared at the jus tice's office wearing a frock coat and a high hat, while his bride was at tired in a silk wedding gown and car ried a bouquet of roses. ENTITLED TO PENSIONS. Washington, Feb. 1.-All widows of veterans of the civil war, the war with Mexico and Indian wars will be en titled to receive pensions at the rate of $12 a month, if a bill passed by the senate today is favorably acted upon by the house. Under the law of June 27, 1890, no widow of a veteran who was married to the veteran on that date is entitled to a pension. GOLOFIELO SALOON HELD UP AND ROBBED Goldfield, Nev., Feb. 1.-Three rgºasked men held up the Mohawk sa Ion, one of the biggest establishments of the kind here, and got away with $3,417 early this morning. They have not yet been captured. Entering the front door in Indian file with guns drawn they lined up about 20 men who were in the place. Then one of them went behind the bar, tapped the cash register, got a key to the safe, took all the bank roll and coin sacks he could find and walked out of the sa loon, while the others covered his re treat. None of those who were lined up were molested. Deputy sheriffs are working on the case, but have no clew. RUSSIA'S PROPOSAL MAY SETTLE TROUBLE NATION'S PLAN TO SMOOTH OVER TURKO-B4JLGARIAN RUPTURE MAY BE SUCCESSFUL. St. Petersburg, Feb. 1.-The Turko Bulgarian deadlock over the amount of money to be paid Turkey by Bul garia because of the Bulgarian declar ation of independence is practical ly broken and the war cloud in south eastern Europe has been dissipated by the acceptance of a plan proposed by Russia which reconciles In a novel manner the Turkish claim of $24,000, 000 and the Bulgarian offer of $16, 400,000. This plan is based on the Indemnity of $1,600,000 a year, which, I naccord ance with the Berlin treaty of 1888, Turkey is to pay Russia for 100 years. These payments bear no interest. The Russian proposal is to remit them un til the Turkish claim against Bulgaria is satisfied. Russia will collect in stead $16,400,000 from Bulgaria in similar installments. These payments will bear interest and the amount of this interest will recoup Russia. Bulgaria has formally consented to this proposal and the Russian govern ment has assurances that the plan is satisfactory to the Turkish govern ment. The settlement of the Turkish-Bul garian difficulties, it is said in well informed circles, involves recognltion of Bulgaria, whose proclamation of independence precipitated the crisis. TAKEN TO PENITENTIARY. Chicago, Feb. 1.-Herman Billik, aLfter two years' imprisonment in the county jail, during which period he has five times been respited from death on the gallows, was taken to the Joliet penitentiary today to begin a term of life imprisonment for the mur der of Mark Vzral. The death sen tence of Billik was cpmmuted to life imprisonment by Governor Deneen. It was the first time in two years that 1illik had been outside the jail walls. He expressed confidence before his departure that he boon would receive complete freedom. NEW TRIAL ORDERED. Washington, Feb. 1.-In an opinion by Justice Peckham the supreme court of the United States today finally de cided in favor of Crawford in the case of William Gordon Crawford, agent in Washington for the Postal Device & Lock company, who, with others, was sentenced to prison terms by the courts of the District of Columbia on the charge of defrauding the govern ment in 1902, in connection with ir regularities of the postoffice depart ment. Justice Peckham directed a new trial. MUST GO TO JAIL. Special to The Daily Missoullan. Kallspell, Feb. 1.-Advice from Som ers by telephone state that Henry McGovern was tried in Justice Lowe's court last Saturday for having thrown a live dog in the furnace at Somers Lumber company's camp No. 1 some time ago, and that he was given a jail sentence of 90 days. McGovern, as it will be remembered, threw one of the dogs into the furnace and was in the act of throwing in another when a fellow employe stopped the pro crPding. STEAMER WRECKED. Melbourne, Feb. 1.-The British steamer Clan Ranald is a total wreck near Edithburg and the captain and vice president of the company includ ing a number of the crew were drowned. Eighteen members of the crew, including 12 coolies, were picked up. The Clan Ranald was struck by a heavy sea yesterday afternoon and rendered unmanagable. After being driven ashore she turned turtle. MACK CALLED TO TESTIFY TODAY DEMOCRATIC CHAIRMAN SUM. MONED TO APPEAR BEFORE FEDERAL GRAND JURY. IS WAHIED IN LIBEL CASE Prominent Politician Will Be Called Upon to Tell What He Knows About the Panama Canal 8oandal-Pulitzer Is in New York Ready to Respond When Wanted by Authorities. Buffalo, Feb. 1.-Norman E. Mack has been subpoenaed to appear tomor row before the fed.*ral grand jury at New York, which is considering the case of the World's charges against President Roosevelt and others of ir regularities in the purchase of the Panama canal strip. The subpoena was served upon Mr. Mack today. It is understood that Mr. Mack's connection with the case is as chairman of the national democratic committee. The suhjon,,.t calls for Mr. Mack's appearance' wfore the grand jury tomorrow. Pulitzer Is Ready. New York, Feb. 1.-Several witness es were present today ready to testify before the federal grand jury here In the investigation which is being made into alleged libels in the New York World relating to the Panama canal purchase. None were called before the investigation body today however, all being informed that their presence would not be required until tomor row as other cases were being consid ered by the grand jury. J. Angus Shaw, secretary of the Press Publishing company, will be here tomorrow and It is understood that he will be called as a witness. Mr. Nicoll. counsel for the World, said that no one who might be indicted could be expected to answer questions. Joseph Pulitzer, president of the Press Publishing company, came to the city Sunday night. It was said that his presence at this time was on ad vice of his counsel. He said that he will be here ready for any call that may be made on him, either by the government or by District Attorney Jerome. Several Examined. Washington, Feb. 1.-Interest in the proceedings of the federal grand jury which is inquiring into the alleged libelous stories printed in the New York World and the Indianapolis News regarding the Panama canal purchase was intensified today until it became known, for the present at least, that no evidence in the case would be pre. sented. Three witneses from New York were here today in response to subpoenas, but after being questioned by District Attorney Baker, they were relieved of the necessity of going before the jury. This was also true of Captain J. Angus Shaw, who on Friday last re fused to testify on the ground that he might incriminate himself. Several persons occupying high positions in the Press Publishing company an swered to subpoenas to appear for the examination. rhen they were. con ducted Into the office of District At torney Baker they were told that they would not be taken before the grand jury. After hearing their statements today the district attorney decided that it was not necessary for them to repeat their statements before the grand jury. EXPLAINS SCHEME. Washington, Feb. 1.--Secretary of the Navy Newberry today explained to the senate committee on naval af fairs the reorganization scheme which he is putting into effect in con nection with a recent circular. He said that he is not for a general staff for the navy such as the general staff army corps, nor does he ap prove of any staff which might come Letween the secretary and president or the secretary and congress. STEAMER 18 OVERDUE. Philadelphia, Feb. 1.-There is con siderable anxiety over the German steamer Marie Rickmers, now 81 days out from Greenock, Scotland, and more than 10 days overdue. The anxiety is made all the greater by the fact that terrific storms have swept the At lantic lately. The ship is under the command of Captain A. Rupp, and car ried a crew of 32 men. She has no cargo but is to load case oil here for Japan. DELAYED STEAMER ARRIVES. New York, Feb. 1.-The Amerlean liner St. Louis arrived here today two days overdue from Southampton and Cherbourg. She had been delayed by a broken rudder. Permission to dry dock the St. Louis at the Brooklyn navy yards if neces sary was received by the American Line officials today. The vessel, it was stated, would be examined by a driver when she reached her pier. LEASES SAMUELS HOTEL. Special to The Daily Missoulian. Wallace. Feb. 1.-J. A. Thennes of Spokane has leased for 10 years the Samuels hotel, the finest hotel building in the Coeur d'Alenes, owned and for merly operated by H. F. Samuels, own er of the Success mine. Mr. Thennes will take charge of the property today. LANDS CL BY SPECIAt ORDER ALL GROUND ALONG MIS|SOUW l RIVER IN MONTANA WITM. DRAWN FROM ENTRY. NOTICE OF ACTIONI IVEI Local Offie. at Helene Resholvs Sil munioatier From Commtmisemrl.e All Territory fi. Dhtene Ed. Miles Baok From Streams s MW r Side Is to Be Held In RIeerve Spec ial to The Daily Miaeoetltn. Helena, Feb. 1.-The local laad oalies today received an order from the eam missioner of the general land offi)e withdrawing from entry all lands aleat the Missouri two miles back from either bank. The order follows: On January 18, 1908, the secretary of the interior on the exercise of his so lervisory authority, and with a view to the, conservation of the water re sources, withdrew from all forms a entry so that they may be availaute f'r the benefit of the public in cea nec tiol with future development, the following described land along the .Missouri river. Then follows the lands withdrawn and the letter closes as follows: "A port of the foregoing described lands are unsurveyed, but you will make appropriate notation on your of flee records to show the wtthdftbwal thereof while unsurveyed, as ell as after the survey has been made.' This order does not interfere With any power plant under way or these contemplated, for which periaarie has already been secured, such as the third dam at Wolf Creek, but in eaoe the contemplated plants were not com pleted and in operation within the period provided for by law, the build ers would forfeit the rights they al ready have, and the public lands la eluded within the power site would come within the scope of the present order. TWO HUNDRED LIVES LOST. Canton, China, Feb. 1.-At least S lives were lost in a fire whichb n curred today in a fleet of flower boats. The charred bodies of 115 peo pie have been recovered. DECIDES IMPORTANT DAMAGE SUIT SUPREME COURT SUSTAINS TRI BUNAL IN ACTION INVOLV ING MILLIONS. Special to The Daily Missoulian. Wallace, Feb. 1.-The United State supreme court yesterday handed dewn a decision sustaining the local distrit court and the federal court eo Sa. Francisco in a damage suit breeght against C. W. Beale, a ptoainent Coeur d'Alene mine owner by property owners along the lower Coeur d'Alene river five years ago. The suit was instituted on the grouand that when the river overflowed Its banks, several thousand acres of land were destroyed as a result of the ad tion of the water which had been pol luted by the tallings dumped into the stream by the mine owners located along its banks. The case was dee perately fought In the distriot court, a decision being rendered against the defendant. Later the suit was tried in San Francisco, and the lower court's verdict upheld. The action of the su preme court yesterday ends the suit. It Is confidently believed here that if the decisions of the court had been favorable to the plaintiffs all the mines along the North and south forts would have been compelled to shut down. OUAKE AT MONTREAL FRIGHTENS PEOPLE Montreal, Feb. 1.-S-ortly before a o'clock this morning a strong earth shock followed the slight one that oo curred before midnight, and a number of people who had been aroused by the first tremor were badly frightened In the west end, where the jhock seems to have been the moast felt a number of people prepared to leave their homes, but as the disturbance was not repeated the exeltement seen quieted down. The quake was not recorded as the seismograph at McGill university. ARMED WITH INFORMATION. Special to The Daily Missouala. Kalispell, ehb. 1.-Hon. James L Lang, for nine years clerk ef the dle trict court here, at present largely I* terested in the Eureka bank. lift' this morning for Helena to look afte the county division matter. Mr. Lang s that Eureka people are not in Ater of division, but If it doee come he is armed to the teeth with infloematsn taken from the county records, espe cillay the assessment figures, that ea4 not but convince anyone of lra'e claims to be county seat of the eew county of Kootensai.