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THE WEATHER RAINY M ISSDUL AYS
Today-Showers; manner. IO O AEkkUE EIEELoIn. Are not (l yu v Tomorrow-Fair. duMissola d VOL. XXXVI. NO. :35. MISSOULA, MONTANA, 1WEDTNESIAY11 iMOI1NIN(;, JUINE A, 1909. PRICE FV ~T TO COMPLETE FIRST UNIT QUICKLY CONSTRUCTION OF SECTION OF MILK RIVER IRRIGATION PROJECT TO BE RUSHED. ENCINEER SAVAGE TALKS Reclamation Official Says That if Present Plans of the Department Do Not Go Awry the Initial Portion of the Scheme Will Be in Readiness for Use by the End of This Year. H-elena, June 9.-The first unit of the Milk river project, for which the people of that part of Montana have striven for many years, will be com pleted this year if the plans of the reclamation service are carried out. The department at Washington has concurred in the plan for the im mediate completion of the Dodson south canal and distribution system, which will cover 10,000 acres of fine land, and which may be extended to cover all the irrigable land lying be tweeh the Dodson dam and the Nel son reservoir, containing upwards of 225,000 acres This is the best news which north ern Montana has received in many years. The beginning of actual con struction work on the great Milk river project will usher In a new era, one which will make the northern part of this state hoted from one end of the country to the other as one of the most fertile garden spots In America. Savage Talks. IT. N. Savage, supervising engineer of the reclamation service in the northwest, said today: "Contracts have been awarded to local builders for the main laterals and contracts will be imunediately ad vertised for the completion of the un built portions of the main canal. It is hoped that work can be started in the near future on both the' Dodson north canal and the Glasgow unit. These two last works will depend up on getting an allo ment of sufficient funds. "The conclusion reached by the de partment of the interior in regard to the Milk river project will be very gratifying, I am sure. "Construction work " on the St. Mary's canal is going ahead rapidly. One steam shovel moved during the month of May on this work, 19,915 cubic yards of material, of which amount something over 500 cubic yards was solid rock. The progress already made on the international treaty ne gotiations indicate an earl; and satis factory adjustment of all matters in volved in the St. Mary's and Milk river complications. Full Operation. "The irrigation system constructed by the reclamation service for the Lower Yellowstone project is now in full operation. Water was turned into the main canal April 30, and was run down the +ain canal as rapidly as possible to saturate the banks and to puddle the material around the struc tures and lateral turnouts, finally reaching the lower end of the canal system, May 31, a distance of 64 miles from the head woks. No material difficulties were encountered and the land owners are assured a full and reliable supply of water. They are now making great preparations for the first season's crop. "The difficulty of getting con tractors to take up this work and the slow progress made delayed turning the water into the canal in the fall of 1908, as had been hoped for. The reliability of the system, despite the fact of its being put hurriedly Into commission for the beginning of the irrigating season, is gratifying alike to the reclamation service engineers and to the land owners." MUST AMEND CREED. Jefferson City, Mo., June 8.-The Missouri supreme court today held that the general assembly of the Cumber land Presbyterian church had no authority to unite with the Presby terian church in the United States of America without first amending its creed and constitution. The court de cided in favor of the Cumberland ad herents a suit involving church prop erty at Warrensburg, Mo. ENGAGEMENT BROKEN. New York, June 8.-The engagement of Miss Adele Case, the concert singer, to marry Claus Spreckels III., of California, has been broken and Miss Case will soon start for Seattle alone. Information of the engagementbecame publicly known when Mr. Spreckels and Miss Case arrived from Europe on Sunday. Today Miss Case said she broke the engagement. &LATER IS FIRST. Shoshone, Idaho. June 8.-The first choice in the land drawing for 50,000 acres in the Dietrich tract went to N. H. Slater of Raymond, Wash.; the second to Nellie Quinn of Seattle, Wash. More than 1,500 persons were present at the drawing, registrations for which numbered 2,341. FAVOR CHANGE IN SCHOOL "EXAMIS" MEMBERS OF BOARD OF EDUCA TION THINK EIGHTH GRADE TESTS TOO RIGID. TO BE RBEISED AT ONCE Special Committee Is Appointed to Make Changes That Will Obviate Objectionable Features and Give Students a Better Chance for Pro motion to the High School. Special to The Daily Missoulian. Helena, June S.-After a thorough discussion of the present eighth grade examinations, the state board of edu iation at its final session today caine to the conclusion that at at present drawn up they are entirely too arbi trary and rigid, and to modify them so that they will meet with more general favor among teachers and parents, a commnittee consisting of \V. E. Hanrmon, S. D. Largent and Ran dill J. Condon was named to revise them. They have full power in the premises and do not need to report back to the full board. Superintendent Condon of the Hel ena school presented it proposition on behalf of Superintendent Young of Butte for the abolition of eighth grade examinations in cities of the first and second class and to make them optional in cities of the third class. This was rejected. But the conclusion was reached that the rules should be modifled to give a pupil more time to prepare his papers, if neededi that failure ini one study should matt prevent a pupil front being conditionally prottitted to the high school, and that the general rating of the pupil for the term should be given socae consideration in determining his final mark, in stead of basing it solely upon the result of the examination. The board adopted the resolution offered yesterday by Attorney Gen eral Galen relating to local boards of control of state institutions. The resolution provides that these boards shall have immediate control in the employment of the faculty, the care of the buildings and in other things, but all actions of the local boards are subject to the approval of the state board. Because E. Tappan Tannatt, profes sor at the agricultural college, igainst whom charges were lodged by hlie Carey land act board, resigned some time ago, the board decided to let the matter drop and no further anisideration was given the case. The committee on Dr. Duniway's unification plan was given more time itd will probably report in Decem her. Dr. Dunlwai and S. D. Largent were sained as delegates to attend the N. E. A. meeting at Denver in July. PLANS TO OPERATE MOTOR TRAINS O. R. & N. TO INSTALL GASO LINE EQUIPMENT ON ITS WALLACE LINE. Special to The Daily Missoulian. Spokane, June 8.-A . chain of suburban towns stringing from Spb kane across the Coeur d'Alene Indian reservation, soon to be opened for settlement, are to be supplied with one of the fastest ttain services yet in *use, the gasoline motor. This is the plan of the O. H. & N. for regaining and holding precedence in its terri tory between this city and Wallace, Idaho. The electric roads and the proposed new line from Coeur d'Alene to Wal lace have seriously cut into the traf fle of the pioneer steam line, and the company has started into a campaign to regain its territory and put on a better service than can be furnished by the electric roads. To this end the cut-off front Lockood to Windy flay has been started and work is being rushed with unusual vigor. It is nont stated on good authority that the company proposes to install gasoline motor equipment and attempt to break all records in time front Spo kane to Wallace and, if possible, to cut under any time that may be made by the electric lines. The renewed activity of the electric road promoters has stirred the 0. R. & N. into ac tion antI, with the cut-off and gaso line motor equipment, the run from Spokane to Harrison may be made in a little over one hour, cutting down the present running time to Wallace by many hours. The plan, if carried out, will mean more trains and the opportunity to build a chain of new suburban towns not only across the reservation, but in the vicinity of Spokane. But for the present it is understood the com pany intends to use the 0. B. & N. grades. GETTING IN THE SWIM )JýS l ý. H /1 Y CASE OF FOUL PLAY THE CORONER SUSPECTS MYSTERY SURROUNDS DEATH OF MAN FOUND ON NORTHERN PACIFIC TRACKS. Investigations yesterday by Coroner Kendrick lead him to believe there was foul play in connection with the death of the unknown young man whose body was found across the tracks of the Northern Pacific in the west yards about 2 o'clock yesterday morning. The discovery late yester day of two chloroform bottles and a handkerchief that had evidently been saturated with the anesthetic, in an empty box-car near where the re mains were found, and the fact that the pockets of the dead man's cloth ing had been turned inside out and evidently rifled of all that was in them, are circumstances which cause the coroner to suspect foul play. An additional element of mystery has been injected into the affair by the discovery of a piece of paper in the map's coat pocket bearing tlp strange message, "Whoever should find this, please mail the last request of a dying man-" The message breaks off abruptly and what its pur port is there is no means of knowing at present. Nothing has been found to indicate the identity of the victim but the coroner is putting forth every effort to secure information that will clear up the affair. The discovery of the body was made by a switchiman who, In reach ing to turn a switch, came in con tact with the body. The examination of the body, at the Lpcy undertaking parlors, made by Coroner W. D. Kendrick, disclosed the fact that there was no means of identification, and that the pockets had been turried inside gut, leaving nothing of value, if there had been anything `there. In one outside coat pocket, which alone had not been touched, was found the bloodstained note, which had not been completed, At first the theory that the young man had fallen under a train while trying to board it seemed the most plausible. But the finding later ot two chlorform bottles and a saturated handkerchief In a box car near the body, coupled with the evident fact that the man's pockets had been searched, cause the coroner to hold to the belief that there was foql play. It is possible that the young man's home was in Spokane, as a young man named Malloy told Coroner Ken drick yesterday that he had seen the young fellow about 12 o'clock the night before his death and had talked with him. The stranger stat ed that le had gone to Butte from Spokane and was on his way back to the latter city. He asked where he could board a freight for the west. Malloy showed him to the west yards, and that was the last seen of him alive. When asked for a description of the man with whom he had had the conversation, young Mal loy did so, his description fitting that of the deal man. Malloy afterwards identified the body as that of the stranger. When found, he was thought to be roughly dressed, but upon examina tion, his clothes were discovered to be of good quality. He was dressed in a good blue serge suit, with tan shoes and union underwear, with a black or dark colored outer shirt. Accord ing to the story told by Malloy, the man hadr worp a black stiff hat, this has not yet been found. IS ENTOMBED ALIVE BY ACCIDENTAL CAVE-IN Special to The Daily Missotulian. \Vallace, June S.--Entombed be n eattl tots of earth and rock on the 40(1-foot level of the Morning nine, I rir TAind faces a slow and terrible death utless t sore of miners who have been working ea gerly all day are able to reach and rescue htitt. Lind was at work alone in a por tion of the level when a cave-itt occurred between hint and the shaft. Caught in the blind end of the level with no possible means of escape, the entombed miner must meet death from suffocation or starvation unless he edn rescued soon. As soon as the ac cldent occurred Mine Superintend ent Cartwright set a force of miners to work digging away the mass of earth that lies between Lind and freedom and for hours the men have labored without ces sation endeavoring to reach their companion. FAMOUS SUGAR CASE SEIILED THIRTY MILLION DOLLAR SUIT IS ADJUDICATED OUT OF THE COURT. New York, June 0.-The $30,000,000 suit of the Pennsylvania Sugar Re fining company against the American Sugar Refining company, the so called trust, was settled out of court this evening. Tereus of the settle ment were not made public. Possibly a statement will lbe forthcoming to morrow. The complaint charged, in effect, that it had been driven out of busi ness. Witnesses testified that Adolph Segal of Philadelphia, controlling power of the Pennsylvania Sugar Re fining company, birrowed from Gus tav A. Kissel $1,250,000, for which he gave as security 20,000 shares of the Pennsylvania Sugar Refining com pany, together with a voting trust certificate fur the same, which was to run until thu repayment of the loan. With the power thus conferred, Kis s-I, it was allugeil, installed himself and three of his clerks as directors of the independent sugar company, and having control of the directors, he secured the adoption of a resolution providing that the then almost eim pleted refinery, which is said to be one of the most economical ever built, should not be opened or operated un til further orders. That resolution, the plaintiff con tended, was drafted by John R. Par sons, acting as counsel for the sugar trust, for whom it showed Gustav A. Kissel, the lender, also as agent. Kissel, Parsons and the three clerks were made co-defendants with the American Sugar Refining company on the conspiracy charge, but on motion of a lawyer appearing specially in behalf of the three clerks, the com plaint against them was dismissed I today. The details will not ie made public until after ratification by the Penn sylvania court that appoInted George D. Earle, Jr., receiver of the Penn sylvania Sugar Refining company. If such ratification is not made, the case will have to be tried. OFFER AMENDMENTS TO COMMERCE CHANGES THAT WOULD BENE FIT SHIPPERS SUGGESTED BY SPOKANE MEN. Washington, Juno 8.-Amendments having for their purposo the effi cient administration of the interstate eomdCng~4 e sv ere pggested t th1 today a Z oeiga'ton of Spokane, Wash., citizens, who were accompanied to the White House by Senator Jones and Representative Poindexter of Washington. The chief amendment was one which woeild give to the shipper the right of ap peal to the courts that is now en joyed by the railroads. Tomorrow the delegation will appear before the interstate commerce com mission to oppose the proposition of the railroads to readjust the rates do clared by the commission in its deci sion in the so-called Spokane case to be excessPve and to insist that the rates fixed by the commission in that decision be made effective. HAS LITTLE FAITH IN A U. Si SENATOR Durham, N. C., June S.-Tncensed at Senator Dolliver of Iowa, because he canceled at the last moment an en gagement to deliver the annual ad dress at the Trinity college com mencement tomorrow, President Kit gore tonight from the rostrum ac cused the senator of unfair treatment. "This is the first time any man had treated us unfairly,'" he said. "Senator Dilliver has had 10 days to make this announcement and he waits until the last moment to em barrass us." After stating that Senator Dolliver in the telegram he sent gavo physical exhaustion and tariff duties as his reasons for declining, Dr. Kilgore stepped from the rostrum and de ctared, it is alleged, to friends: "I would as soon look to a boot black for wisdom or character as to a United States senator. I wouldn't trust some to cultivate a peanut patch." HARRIMAN IN PARIS. Paris, June S.-E. H. Harriman ar rived here today from London. DESPITE HEAVY RAIN WATERS RECEDE FAST And more rain. And still, despite the strenuous efforts of the weather moan and Jupiter Pluvius, the river continued t, fall and long before the tday was over the bridges and all other destructible property along the river was safe. In fact, so far did thie waters recede that even the Cedar street bridge. was left with out a wa=t hman. All day long there was a. sieady procession of sight seers going down through the rain to the river with the expectation of seeing some kind of an approach to the floods of last June. But they were all disappointed in that and all they saw was a greatly shrunken river which was at least a foot below its hligitest mark so fur this spring. SMILE CAUSES A BITTER TILT JUDGE LAWLOR AND ATTOR NEYS IN CALHOUN TRIAL HAVE QUARREL. HENFY CAUSES TROUBLE Assistant Prosecuting Attorney Ac cuses Lawyer for Defense of Smil ing at the Jury and Exception Is Taken to Remark by Counsel for Accused. San Francisco, June 8.-A quarrel of unparalleled bitterness, involving Judge WVilliam P. Law!or and virtual ly all of the attorneys engaged in the trial of Patrick Calhoun, presi dent of the United tailroads, enliv ened a day otherwise devoted to pres entation of routine testimony. As sistant District Attorney Francis J. HOney started the dispute by charg ing that Earl Rogers, an attorney for the defense, had been smiling at mein bers of the jury. '"here was an angry response from John J. Barrett of the defense, who declared that the prosecution had unnecessarily pro longed the trial by the introduction of trivial matters. At this loint Judge Lawlor Inter venied, threatening to send Mr. Bar rett to jail for intimating that the court had admitted trivial matters. The court said that allowance had been made for Mr. Honey's tempera mental Infringements because of the ftact that he was shot down in the court roomt a few weeks kieforo the Calhoun trial opened. A. A. Moore and L. F. 13yington, attorneys for the defense, designated the remarks ot Judge Lawlor as a "serious error," to which exception was taken. A dozen witnesses were called to the stand during the day by the prose cution. James L. Gallagher, chief of .- board ilmeisors during the administration of Eugene Schmitz, told incidents connected with the dy namiting of his home in Oakland dur ing the month of March, 1908. When adjournment was reached, Adam Dahler, acting treasurer of the United Railroads company, was tell ing of payments made to the various agents of the defense who have been summoned as witnesses. A dozen vouchers, purporting to be for 'gon eral services and expenses," showed that more than $20,000 had been pa Id to Luther G. Brown, attorney and cae tective, during a period of less than two years. CAN'T DOWN BILL. As the city council turned down both if the mayor's nominations for chief if police Monday night, W. H. Smith atill holds the office, although he has "esigned, until some one is appointed :o relieve him. DECIDE TO RETIRE STOCK SOUTHERN PACIFIC COMPANY WILL CALL IN PREFERRED SECU;RITIES. New York, June 9.-The, retirement of the company's preferred stock was decided upon by directors of the Southern Pacific companr today, ef fective July 15. Holders of the stock will have the option of accepting $115 per share in cash or $20 in cash and $100 per share in 41 per cent bonds, or to exchange the preferred stock for the common stock, share for share. The amount of outstanding preferred stock is $74.866,463 and its dividend rate is 7 per cent nonecumulative. Under the terms of its issue It is redeemable by the company at 115 up to July 1, 1910. Dividend on the coCm m1n1 stock is at the rate of 6 per cent per annum. The preferred closed to day at 135? ald the common at 133½. The company in its official state tnent says: "A semti-annual dividend of $3.50 per share upon the preferred heretofore declared will be payable July 15 to holders of such preferred stock of record as such on June 30, and a quarterly dividend on common stock of $1.50 per share will be payable on July 1 to holders of dividend warrants appertaining to the conmnon stock. Hence, to guard against the loss of the difference in dividends by those desiring to convert their stock prior to July 1 (when both classes will be ex-dividend) directors have provided that holders of preferred stock con verting the same now and leaving an order, will on July 15 be paid the difference in dividends, amounting to $2 per share." FrRAUD CHARGE IN DIVORCE CASE ATTORNEY FOR M'RS. GUGGEN HEIM SAYS DECREE WAS SECURED ILLEGALLY. A SENSATION IS SPRUNG Lawyer Declares That Neither Party Was Resident of Illinois When De cree Was Secured and That Mis representations Were Made to In duce Woman to Seek Separation. Chicago, June S-Charges that a decree of divorce obtained by Grace B. Guggenheim in 1901 from William Guggenheim, head of the so-called smelter trust, was obtained through fraud and collusion were made here this afternoon, and an order issued on the principals to show cause why the divorce should not be set aside. Mr. Dunne, representing Mrs. Gug genheim, declared that the decee was fraudulent, as neither party was a legal resident of Illinois at the time and as misrepresentations had been made to Mrs. Guggenheim to get her to sue for divorce. The complaint also charges that Mr. Guggenheim and his supposed attorney, Louis Werner of New York, conspired to practice a fraud on the court. She further states that she was given ali mony of $150,000, of which her attor ney obtained $12,500. Mrs. Guggenheim further avers that it had been represented to her that the defendant was "the weakest and least important member of the Gug genheim family," while in fact, the complaint says, he is the ablest of seven brothers and the chief orig inator and business head of the great combination of mining and smelting interests. She also adds that his personal wealth is probably more than $3,500,000. Three Times. The complainant has been married three times and has figurotd in an equal number of divorce suits. Both parties to the suit remarried after the 1901 decree, Mr. Guggenheim marrying Aimee Lillian Steinberger. The complainant's first husband was William C. Herbert, a naval officer, who secured a divorce on the grounds of desertion. Mr. Guggenheim mar ried the complainant on November 30, 1900. Less than four months later they were divorced. The complain ant's next husband was Jules Roger Wahl, who obtained an annulment of the contract in France on the ground that the Chicago decree was invalid. The complainant's affidavit, attested to before a New York notary, March 23, covers 16 pages. She says she met Guggenheim in June, 1900, and that he followed her about until she consented to marry him. She was forced to keep their marriage secret, she says, as Guggenheim's family was Jewish and she was a Christian and that he was afraid his family would not give its consent. They lived at the Hotel Mannattal in New York until December 31, 1940, when Guggenheim, she says, told her he had decided to leave her as his fain ily was still unalterably oppoced to I heir marriage. The defendant then went to Europe. Finally Consents. After many efforts to get Guggen heim to return to her, the complain ant says she finally consented to sue for a divorce upon the advice of Daniel Guggenheim, one of the de fendant's brothers. It was suggested that she go to South Dakota for four months and sue from there, but she refused. It was finally decided that the suit should be filed in Chicago. After the decree was obtained, the complainant said she returned to New York and soon afterward mar ried Wahl. When he obtained an an nulment of their marriage she be lieved' herself free to marry again. On consulting her attorney she was ad vised that the Chicago divorce was void and that she is still Guggen heim's wife. MEN OF BIBLE CLASS GIVEN ENIERTAiNMENI The monthly meeting of Mrs. Mc Allister's Bible class was hold last night at the Methodist Episcopal church and proved a most enjoyable one. The feature of the evening was the lecture of Dr. M. J. Elrod on the trip of Lewis and Clark. The lec ture was an instructive one and In tersting, and was illustrated with pictures shown by a stereopticon. Some of the pictures showed the un developed country as it was at that time, as contrasted with the devel oped west of today. Other pictures were reproductions of original draw ings made by artists of the faioous expedition. After the 'lecture the young men were entertained at the parsonage by Rev. and Mrs. Tait, where the evening was closed with refreshments.