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[1THE DAI 1 SSOULIAN o e Tomorro.-now. . 200. MIS LA, MONTANA, MO AY MO O MBR 21,10 VOL. XXXVII. NO. 200. MIrsOULA, MONTANA, MONDAYX MORNING, NOV)EMBER 21, 191.0 PRICE FIVE CENT IN WASHINGTON JUDGE HOYT DIES COUNSELLOR OF DEPARTMENT OF STATE SUCCUMBS TO PERITONITIS. AK t ILL IN CANADA "While in Dominion in Connection With Reciprocity' Negotiations, Of ficial of Government Has First Warning of Impending Death-Ca reer is Highly Honorable. Wasltington, Nov. 20.-Henry Martyn Hoyt, counsellor to the department of state, died at his home here at 8:20 o'clock this morning from peritonitis. Mr. Hoyt was taken ill in Canada while, there in connection with the reecl procity negotiations betlween the United States and that country. Since his re turn last Monday he has been confined to his home. Physicians called into consultation considered the case ex tremely serious from the 'beginning. His condition was such last night that Dr. Robert M. Baker of this city and the wife, son and daughter of Mr. Hoyt deemed it advisable to remain at the bedside throughout the night. Shortly after midnight they noticed a change for the worse, when a perceptible weakening of the pulse beats was no ticeable. From then on, except for a short period during which he rallied somewhat, Mr. Hoyt sank rapidly un til death came at 8:20 o'clock. Mr. Hoyt, it was said, has been suf fering from an intestinal trouble for more than a year, resulting eventually in the disease which caused his death. He suffered.during his last illness with perforating ulcers of the stomach, which resulted in peritonitis. In the death chamber, beside the physicians, were: Mrs. Henry M. Hoyt, Henry M. 'Hoyt, 'Jr., and Mrs. Philip Hichborn, wife, son and daughter of the deceased.. The body of Mr. Hoyt will be taken to Wilkesbarre, Pa., for burial, which will be private, following a short funeral service at the residence here tomorrow. The date has not yet been fixed. His Career. Henry Martyr Hoyt was the strong hand of Philander C. Knox when the latter was attorney general. In fact, he made himself so indispensable that when Mr. Khnex became secretary of state he lost no time in obtaining the transfer of Judge Hoyt from the de partment of justice to his own field of action. Mr. Hoyt was assigned Au gust 21, 1909, to a new office, that of counsellor of the department. In that field Mr. Hoyt rendered invaluable service to the government. Mr. Hoyt had a thoroughly trained legal mind. Because of the brief term of his service in the state department, compared with his work i, the depart ment of justice, his legal reputamtion must rpst principally upon what he accomplished before entering the realm of diplomacy. His service in the de partment is bright. He was at the elbow of the attorney general in the prosecution of many of the cases which involved governmental attack upon the great corporate violators of the anti trust law. Enters Department. Mr. Hoyt came into the department as an assistant attorney general in 1897. He was appointed by President McKinley and served in that position until March 31, 1903, when he was ap pointed solicitor general by President Roosevelt to succeed John K. Richards. While he was solicitor general Mr. Hoyt prepared and argued several noted cases, with success. Many of them were of a constitutional char acter apd the trace of his work is left in the law of the land. The case in particular which he fought and won but did not serve long enough in office to see completed was the. famous contempt of court aase agai.st Sheriff Joseph Shjpp aid other men of Chattanooga, Tenn. His suc cessor in office, Lloyd W. Bowers, now dead, moved sentence in that case. A Yale Man. Mr. Hoyt was born in Wilkesbarre, Pa., Decgmber 2, 1856, being the son of General H: M. Hoyt, once governor of the commonwealth. He was educated in the pejblic schools, graduated from Yale ia 1878, took a post-graduate law course in the University of Pennsyl vania in 1881 and afterward was ad mitted to the bar and practfced law in Pittsburg. In 1883 he married Anna, daughter of Colonel Morton McMichael, one of the foremost citizens of Phila delphia. He moved that year to New York to become assistant cashier ofi the. United States National bank, but after three years rettrned to Pennsyl vania to become .treapurer and after ward president of the Investment Company of Philadelphia. In 1894 he resumed the practice of law in Phila elalpha,. but came to Washington in 1897 to accept an appointment as aq. sistant attorney general. This post he filled eatI-i83, when he was made so Alcitr agewl. HENRY MARTYN HOYT N PHOTO Y HARRIS & EWING. WASI H 11 SIMPLE FOLK HONOR COUNT LEO TOLSTOI Bier of Dead Russian Genius Is Visited by Hundreds of Peasants--Great Love of People Shown in Last Hours of Philosopher. Astapova, Russia, Nov,. 20.-Peasants vin all day long passed through the death al chamber, hung with pine boughs, to st where Tolstoi lies. Many of them m knelt beside the bier. The silence at fo time was broken by orthodox chants er for the repose of the dead. Countess hi Tolstoi sat beside the body for hours. cl "Thq light of the world is out," she ki said repeatedly. She left the hut only. w to attend matins in the school chapel. di expecting that a requiem would be sung. When informed that this was A not permitted she fainted. • fr His Wish. Tolstoi left a written wish that he be buried without pomp, wreaths or rites, under "poverty oak" on a hillock c at Yasnava Pollana where he played as a child and where the peasants tl were accustomed to congregate. The s fluneral will be held on Tuesday and I the police have just been mobilized to prevent public demonstration. t The crowd that gathered around the ea hut where Tolstoi lay dying in the tk early Sunday morning hours awaited st breathlessly a verdict of Dr. Tetchur- st owsky and Dr. Usoff, two of the lead- at ing heart specialists of Moscow, who had been hurrfedly called into con sultation. The former had carried Tolstoi safely through a similar crisis 6 in 1901 in the Crimea, and the hopes di of the people rested on him. The ex- fl amination was brief, lasting less than h half an hour. Tolstoi failed to recog- fi nize either of the physicians, and hj asked: 'P "Who are these strangers?" ' t "When informed, he said: "What h. fine men!" tl In spite of their natural reluctance s; to spread ditcouraging reports, the ('oin suiting physicians could not hold out a fl ray of hope. However, they hoped to ir lessen the pain of the aged patient, whose parting hours wer :.~ r-:if'llly free from physical suffering. 1.ei heart succumbed shortly after he had I come from under the influence of an i injected stimulant. Hti died without h regaining consciousness. In the .inter- a val between the last two attacks of cardiac failure, the patient seemed to t he comfortable and his face was clear of pain. r .A Motley Crowd. Throughout a heart-breaking night a ' motley crowd, made up of the most o SENATOR T.. H. CARTER i HtlRRIES TO CAPITAL Helena, Nov. 20.I-Friends of United States Senator Thomas H. Carter, i who was defeated for re-election a week ago last Tuesday, assert tonight P that the senator has been tendered an appointment as a member of the su preme court to fill the vacancy caused by the retirement of Associate Justice Moody. Senator Carter left hurriedly for Washington today. TWO CANDIDATES. New York, Nov. 20.-At the annual meeting oft the Amateur Athletic union, which begins tomorrow, at the Hotel Astoria, a strong fight promises to )e made in the selection of a presi- c dent, Last year when Jameg E. Sul livan retlrqd after a three-year term, i there were two candidates in the field -Everett C: Brown of the Central asso.iation of Chicago, and Henry G. Penniman of the South Atlantic asso elation of Baltimore. In the interest 1 of harmony Mr. Penniman withdrew i a114 Mr. Brown was elected, varied elements imaginable, pressed around .the low lihut. There were dis tant relati'res of the aged author, Tol stoians, villagers and many church men, among them the Abbot Varso fonius, who did not lose hope udtil the end of seeing Tolstoi and extending to him the olive branch on behalf of the church. All alike stood spellbound, l'nowing that a matchless personality was departing as the Sunday dawn dispelled the raw November night. Virtually the whole population of Astapova was there. Then a voice from the hut came quietly: "Leo Nicholaevitch Tolstol is dead!" There was a moment of silence. Then every head was bared and there were sounds everywhere of sobbing. One called out: "His heart was burst by his unbounded love for humanity!" and this and similar phrases ran from mouth to mouth among the weeping Russians gathere. there. Later in the day all the peasants in the district flocked here. None was excluded from the death chamber, through which there was a constant stream of visitors, including many school children. The chamber is decor ated with pine branches. At Daybreak. Tolstni's death occurred peacefully at 6 o'clock Sunday morning. It was due directly to heart failure following in flammation of the lungs. He quitted his home and family 10 days ago to find solitude, in the belief that the hand of death. was already upon him. T'rue to )is unswerving and uncompro mising search for truth, he died as he had lived, without reconciliation with the church, his dying words breathing sympathy for affl4cted humanity: "Many millions in the world are suf fering; why are you concerned for me?" A ,Royal Wish. The emperor and his ministers are anxious that Tolst`ii s:.ail boe buried 'ith the rites of the church, but the holy synod is strongly against this, and probably he will be buried without the administration of such rites, unles( the emperor commands otherwise. Popular feeling is universally for a religious funeral, and never before, was there such confusion and bewilder ment over the body of a great man who was regarded by the world as one of the sincerest of Christiaps. JOHNSTONE'S FUNERAL ATTENDED BY THRONGS 1 Kansas City, Nov. 20.-Funeral serv ices were held here this afternoon for' i iRalph Johnstone," the aviator who t plunged to death dturing a spectacular i flight at Denver Thursday afternoon. The services were.held at Trinity Epis copal church and were attended by throngs who had known the daring aviator in life. Wilbur Wright and Walter Brookins attended the funeral and were also present, at the inter ment at Mount, Washington cemetery. - OLD sT. PETER'S . s New York, Nov. 20.--Old St, peter's - church, at Barca Y asnd Church ptreats, - one of the earliest -atholick eurclhee in the United States, celebrated its f 125th anniversary today with a 'pon 1 ifical masse. Consplcuoas- among the . one-time worshipiers at St. Peter's was Mother Elizabeth Bayley Seton, founder of the Sisters of Charity. She ý first beca~ie a member of the church 1iR180ºe - - - CANAL MAKING SHOWS GOOD PROGRESS "SATISFACTORY IS WORD USED BY CHIE ENGINEER IN R ORT. MANY M LABORERS Number of Employes Reaches Highest Mark Since Woek on Big Cut Was Started, Save Colonel Goethals to Secretary Dickin n--Review of Year in Detail. Washington, No 20.-Sulnmarized in phrase, "satis tory progress ,all along the Panama nal zone," is the gist of the an at report of the isthmlian canal c mission, inadt to the secretary of ar, Dickiuson, by Colonel George Goethals, chair man of the comn lion and tlhief en gineer in charge the work on the canal, and made llic today by the former. With the work excavation and of construction prog sing favorably at all points along t line, with health conditions better flan ever before, with a centralizat n, and consequent economy in certait parts of the ,wtrk and with a maximn Im of laborers since the United States began to dig the canal, Colonel Goethal's !report was decidedly pleasing to Sebretary Dick inson. Accidents. The chief engineer reports, however, that it Rwas not all smooth sailing dur ing the past year, slides, breaks and floods hindering the work to a cer 'tai. extent. He mentions four slides, covering respectively 47, 7.3, 4.6 and 1,7 acres and requiring during the year the removal of more than a mil lion cubic yards of material. "It was expected," he says, .'that slides would occur, and in the estimates provision was made for thenp, but it now ap pears from cracks that show in the upper sUrface adja50eoap.. the faces of the cut, that sufficient allowance had not been made, and the estimates were corrected to meet the new con ditions." ` Three bad breaks, he reportsg oc curred during the 'ear; one at the town of Culebra, covering an area of more than ten acres and requiring the removal of mnore than a million and a half cubic yards of dirt and stone. The second largest break covered an area of moie than.. eleven acres and required a removal of more than 300,000 cubic yards, while the third break aggregated about 40,000 cubic yards. "The floods seriously interfered with the progress of the work," says Colonel Goethals, referring in particu lar to that of the central division and the Culebra cut, "and the one of De ceraber 29 overflowed the dike sepa rating the cut from the Chagres river, cutting a channel through it about 200 feet long and 21 feet deep." The total amount of material re moved. from slides and breaks in the central division of the canal during the year was more than two and a half million cubic yares, or about 15 per cent of the amount removed dur ing the year from the Culebra cut, the principal part of the central di vision. More than 36,500,000 cubic yards of material were removed from all parts of the canal during the year, of which almost 15,000,000 were from the Cule bra cut and almost 10,000,000 from the Chagres section. About 35,000,000 cubic yards remain to be removed from the Culebra cut before this section of the canal is completed. Excavation Coat. Reports from various points along the line Show that the cost of excava tion varied from 24 cents per cubic yard at one place to as high as $2.51 at another. There is no such diver gence of price in the cost of per cubic yard of concrete work, the lowest average being $6.09 and the highest $8.60. More than 700,000 cubic yards of concrete were lard during the year. Economy has been sought by the commission in various directions. "To reduce to' a minimum delays on ac count of breakdown of machinery, plant and equipment, which reflect largely in the unit cost of work," says Colonel Goethals, "and to provide proper facilities for overheauling plant and equipment, as well as manufac turing necgssary repair parts, large shops have been provided at certain (Continued on Page Eight.) A PRESENTIMENT New York, Nod. 20.-"Barbara," said Mrs. Mary Begenaberger, to her daugh ter of 8 this afternoon, as she was dressing the child for Sunday school, "I want you to be a good girl today, because I bad a tooth drop out this morning and that is a sign somebody is going to die in the family." "WVhy," said Barbara, "that's me; I'm going to die." Her mother oid5 drmaw no explana tion from her, but this afternoon, while Barbara was lItaylrt on a pier end, she fell between the stting pieces and a barge and wa .,.'ed. PRESIDENT DIAZ i COPYRIGHT HARRIS & EWING WASH FOES OF DIAZ FAIL TO BEGIN FIGHTING Insurrection Advertised for Sunday Fails to Materialize and All Is Quiet in Mexico City--Disturbance at Guerrero Is Quelled. City of Mexico, Nov. 20.-'The insur rection which was said to have Ihcon planned for today against President Diaz and the government of Mexico failed to materialize. Sunday passed without unusual incident and, while the authorities have not relaxed their vigi lance, it is believed no further troubles will occur. Special dispatches received here tonight from many places, includ ing Vera Cruz, Puebla, Pachuca and Orizaba, says that everything had been quiet all day in those cities. Two mine bosses were arrested in Pachuca and brought here. It is be lieved that they are suspected of hav ing been implicated in the plot against the government. A dispatch from Pachuca said that the children of three women, who are now in jail charged with firing on the soldiers in the Puebla fight, are being cared for by a German woman. One woman who was under arrest was re leased after an investigation showed that she had not participated In the fray. Not So Many. A newspaper correspondent who re turned to the City of Mexico tonight said not more than 40 persons were killed in the fight at the house of Aquiles Cerdan. ,Sixteen of the dead were revolutionists, he said, and the others were members of the police force, soldiers and spectators. The correspondent estimated the number of wounded at about 125, and among them were many persons innocent of any wrongdoing who happened to he in the vicinity at the time and were victims of" stray bullets. Lasts Quick. Reports ,ltceiv\'led tonight fomn Santa Cruz, a town hetwee(.n here and puebla, said that the demonstration there last night was of short dura. tion. A party of revolutionists, small in number, atthempted to create a re volt but was driven to the mountains by troops. An attempit was made to burn a bridge on the Mexican railway near Santa ('Cru, but soldiers were quickly on the sciine and prevented the act. Late repolrts said that no further disturlbance was aunticipated there. No bullfights were alliwed in the City of CHICACO MAN TAKES HORSE-SHOW HONORS New Yorl, Nov. 20. - The official summary of the twenty-sixth National HIrse show, which closed at Madison Square garden last night, gives Judge William H. Moore of Chicago even greater honors than first glance Indi cated. His entries took 27 blue ribbons, 20 ahead of his nearest rival, William Foster, with only seven. George Wat son, E. T. Stotosiutrg and H. Hi. H:a came third with five -blues. Paul Sorg has four, C. W. Watson of Baltimore three and Walter Winans two, while Alfred Vanderbilt comes third from the end with a single prize. The Moore horses, besides the 27 blues, took 11 red ribbons, five yellows, or third; four whites, or fourth, and seven cups. WOULD BAR LODGE. Boston, Nov. 20.-Governor-elect Eu gene N. Foss issued a statement to night in which he demands that Sena tor Henry Cabot Lodge withdraw from the field for re-election. In the event of a refusal, Mr. Foss declared he would go 'into every section of the com monwealth in a campaign to defeat the senator, Mexico today ano there were no large gatherings of any kind in any section of the capital. Soldiers and police pa trolled the streets all day, but not an act occurred, so far as can be learned, that required their services. In the suburban districts, where it was said that trouble was expected, everything was quiet and orderly in all towns in the federal district. Uneasy. An air of uneasiness could be ob served among members of the foreign colony, on account of the uncertainty of the situation. In the clubs and res taurants the situation was the sole topic of conversation, and, now that Sunday has passed without an out break, an easier feeling prevails. The whereabouts of Francisco I. Madero, said to be the leader in the plot against the constituted authorities of the republic, is not known to be here, but the impression is that he will not return to this country from qan An tonio, where he has been since he was released from custody. Nothing is known here of his reported departure from San Antonio to some point along the border. At Guerrero. Laredo, Texas, Nov. 20.-Fighting oc curred at Guerrero, Mexico, today. Re ports reaching Laredo are that an out break took place in that village, in the state of c'oahulla, and that the fed eral troops are in control tonight, ex ercising martial law. No information can he secured as to ehther there were any casualties. Guerrero is about 04 miles from Co tualla, 'Texas, in a westerly direction, uand is in the district to which Fran cisco I. .IMrdern, the alleged revolu tionist, was making his way when lie was lust seen itn Teaxs. Tle Madero estates lie in that part of Mexico. No further word has been had of Mader u himself, and it is pre sumed that he slipped through the cordon of American officers which, It is reported, had been thrown out to effect his arrest, and was somewhere in the neighborhood of Guerrero when the fray occurred. Perfect quiet has pr.cvailed today in the Laredo terri tury. NUMBER OF GAMES ELIMINATES _JAKSON Chicago, Nov. 20.-Jackson of Cleve laund might have been a disputant with both Lljoic and Cobb for the prize automobile for hitting in 1910 in the America.n basioeill league but for the limited number of games in which he played. 11 the official list of batting averages, mlade public today, he heads the list with a percentag, of .387. Ile I played in only .O games, however, and was not eligible for the prize. Cobb is second with a percentage of .385 and Lajoie third with .384. Philadelphia heads the clubs in batting with .265, I Chicago being last with .212. Lajole played in the greatest number of games of any player in the league, his record being 591 times at bat in 154 games. AMERICAN MURDERED. Mexico City, Nov. 20.-The body of John R. Lockhart, an American mining t man, was found near a road in the vi t einity of Palmagito, state of Durango, a last Thursday, according to a special dispatch to IEl Imparcial. It isa be a lIeved by the authorities that Lock hart had been dead a week. TOLSTf GIYE$ JOURNALIST IDEAS ARPAD PASZTOR, HUNGARIAI AUTHOR AND PLAYWRIGHT, TALKS IN PITTSBURG. VIS!IS AT COUNT'S HOK Distinguished Foreigner, Touring America to Study Problem of Immli gration, Gives Long Account of 14 terview With Great Russian Writ r -His Daily Life. Pittsburg. Nov. 20.-A recent 4i. terview, and possitly tine last, whllh' a newspaper correspondent had "witt 4count Tolstol has been recountedl av M. Anhad Pasator, a distinguishd Hungarian author and journalist, to t:e Ar.soeiated Press here. Mrn Pasator s editor of "Azest," an evelnng paper f Budapest, and in a tour around t e world is now in Pittsburg fr,r a hbi study of conditions among Hungari emigrants. Only two months ago, Ti September, M. Pasntor, proceeding . train from Moscow, dropped off at Y - nava Pollana, a little village aboolt two miles from the last railway sti tlion in the province of Tula. "It was a beautiful late eummpir day, .with everything still g.eept in blossom, as I approached in is h of the Tolstol house. I locatd It. bt I, should have said it was not a TRus stan home, or I observed that several copies of the T,,ondon Times lay on the lawn. I notloed . that a lady sat on the veranda reading, and I presumed that she" was the Countess Tolstoi. If so, I knew She was a born German the daughter of a. German protespo. and I addressed her in German, asking if I might see the great novelist. "'Have you introductiqns?' she. asked. "'No, mad6me, but are not his works introductions enough?' "'But,' she; 'de. urred, 'if that Were the ease, our garden would be crowded all the while. I am sorry; my hUtiad , l' asleep now. .omn what country, do you come?' "'Hungary,' I replied. "'Indeed. Our .secrtary, Markoylet sky, is HungarisJ,.to, to. yonmy spea with him. MY hu..ta.d it very, ol:4 A4 weak and does pot 'like to speak withi visitors.' The Son "At this she ushered me into the house, where I first met the novelist's eldest son, who ds, perhaps, .45 years old. Learning that I was an author. he admitted lhe also wrote, but, added that he abandoned authorship becapse it seemed imposslble-so use the Totltoi name, since hisl father, had alrea4y made it famous. He said he preferred to take up art and sculpture and that he was studying with Rodin, the fa mous Parisian aculptor. "M. Markovletsky, the secretary, in terrupted at this moment with the far millar 'Go napol,' whici is our Hun garian 'Goo0 day," and said it seemed good to hear his native tongue again. "'I know you want to see Tolstoi' he said, ,bust he is asleep now, so let us walk through the garden.' "He took me through the 'Fo"rEt of Oaks,' which is, the scene of the greatt storm in 'Anna Karenina,' and then through the great apple ordhard$, where he presented me with a !olset t apple, and remarked: 'Tolstpl h~ the finest and largest apple beshal5l in Russia. His wife sells the p~odaet.' "At 6 o'clock our walk was inter' rupted by the dinner bell, at which M arkovietsky exclaimed: 'Tols~ol 1i awake now. We must go back.' He led me through the house, which ip a very simple and poor place: ThaErp swas no carpet on the floor, the walla were white and without a aingle pice tore. "On all sides were books, in every room, and little furniture other than plain chairs and tables. In a g}iipnse I had at Tolstoi's room I noted ,four or five pencils hanging from a string at the head of the bed and I askd what they might te for. "'In the night,' said Merkovietsky, 'Tolstoi often awakens with ideas and tie always writes them down. He sarw ideas are like mountains with a top, and he means not to miss the summit of them.' "At the dinner call all the family made a change of clothes, which is a daily practice, but not a rigorous one, I imagine, for Markovietsky wore no cravat and his boots were dirty. A daughter who was picking mushroomp in the garden came in with a big bass ket full of those dellcsoes just before dinner. Tolstol was a strict vege tarian. "'I am sorry I cannot ask you to dinner,' Markovietsky said, 'but such invitations belong to the wife.' He seated me in his own room, howeve, and while there I ncteJ thousands n letters, done up in rpakages of 100 of so, which, as wau later explained, wer. sent every two months to the muse.u at Moscow. Tolstoi Enters. '"hiile I was regarding these thinga the door opened and a tWl man en tered. From the whita besa4 ..iy hair aWt the pesant despRq~ Rusasan shirt an4 . at once it was T jl "He shook ,i d it w (ContinelC4.:. 'r''