The Daily Missoulian. [volume], January 04, 1913, Morning, Page 3, Image 3

About The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961

Image provided by: Montana Historical Society; Helena, MT

                
MANY PER&ONS HURT AND MUCH
,New York, Ja. tSge severe
storm of they new y4Cp,;aa1d the most
destructive) of the sealei, -swept along
the Atlantle. oeaat.t todays$# d caused
great property lobs,, ,lmutti.neously
came reports of storms of squal vio
lence in larts, of the south and middle
west and ~tlong. . part of tle Pacific
coast. W"'I comffitra eattqn .in all
parts of the pountry was crippled. At
times only five of the scores of wires
were working betwen this city and
Chicago and all wires south of Atlanta
were down. Damage to shipping on
sea, 'lake and harbor canp only be es
timated, tonight. One death was re
ported here at a late hour, that of a
Brooklyn nPan who was blown from a
scaffold.
In this city rain early today was
followed by a gale that reached a
.maximum 'velocity of 80 miles an hour.
The storm lashed high waves from
Sandy' Hook to the rivers entering
New York harbor, sank tugs, and
,barges and drove other craft into peri
lous positions. FroWl several small
craft, whigh were capsized, scores of
persons were rescued.
An unidentified three-masted schoon
er was anchored tonight five miles off
the Little Egg life saving station. She
displayed distress signals. Reports
from the station said the.vessel di/i not
appear in immediate danger.
The gale swept the .Hudson valley,
unroofed buildings and caused a wash
out on the New York Central rallroad's
eastbound track near Garrison, N. Y.
Many injured.
Philadelphia, Jan. 3.-Wind, which at
times attained a velocity of 66 miles
an 'hour, caused heavy damage
throughout Pennsylvania, Delaware
and New Jersey today Buildings,
trees and poles were blown down in all
parts of the three 4tates and many
persons were injured.
Eleven persons were injured in the
collapse of a four-story factory in this
city and a score were buried in the
ruins of a shed at Wedtinorelano
street wharf, on the Delaware river.
The latter escaped serious injury.
Iorce Spent.
Washington, Jan. 3.-The southwest
gale, which swept the Atlantic coast
states with great fury today, had spent
most of its force tonight in that re
gion. In its path, however, the 'storm
had left much damage to shipping and
property and crippled wire communi
cation. Up to a late hour no loss of
life had been reported.
The storm which struck Virginia
with especial fury later passed up the
Atlantic coast and was central tonight
over the lower St. Lawrence valley.
Late advices indicate that Newport
News, Norfolk card Richmond .suffered
the heaviest damage.
At Newport News shipping was dam
aged considerably, roofs of dwellings
were lifted, and the city was cut off
from communication with the outside
world part of the day . Several small'
oyster schooners are unaccounted for
tonight and it is feared they and their
crews have gone down. Norfolk suf
fcred some property damage and de
moralization of wires and much dam
age was done in Richmond,
Some anxiety has been felt tocay by
the i,avy department officials concern
ing the safety of the battleship fleet,
but up to a late hour tonight no ad
vices had been. received indicating they
had suffered any damage.
BAIl IS ALLOWED
. CONVICTED MEN
(Continued From Page One)
quacy of any bonds offered. District
.Attorney Miller of Indianapolis, who
represented the government at today's
proceedings, stated that the bonds of
surety companies would be acceptable.
but that the surety must schedule
property valued at twice the amount
of the bond.
A basis of $10,000 for each year's
sentence was used by' the court in
'fixing the amount of the bonds. As
Ryan was sentenced to seven years,
his bond was fixed at $70,000.
Judge Baker said in commenting
upon the errors alleged by the defense
against the trial court:
Possibility of Errdr.
"In this case the writ of error is an
absolute right; a writ of supersedeas
is not an absolute right. It has been
the practice of federal criminal prose.
cution, however, to allow writs of su
persedeas so as to release prisoners
on bail until the case finally is de
cided on review. While the judgment
of the trtal court presumably is cor
rect, yet there is a possibility of sub
stantial error-error so great that a
convidtion should not be sustained.
For that reason defendants should not
be subjecte4 to the ignominy of incar
c. eitioi While their cases- are being
revibwed' and 'writs of supersedeas
shoqld issue when it is shown that
they are asked for in good faith and
not dn f.ivolous ground, or merely to
delay the progress' of justice.
"The chief error! assigned in this
case is that the defendants were tried
on the theory of a continuing con.
apiracy. - As far as we have been able
to learn, there is no decision Which
definitely considers this pdint. *It is a
question to he determined by reason.
it and eanalogy ti precedbent. The
Sqtiesttp as to-whether the defeadants'
stmuld. have beelsa tried for c0on.d.}lo
In connection with ot.h ofinese ha.. ot
been definitely -adjudicated andd.beigs
are possible iohmad of differepee in
ophjlon.
"Is aspgliiovumateaoes. It to the or.
dhiary and customary practici to ad
snit the diirdlatas to tsaP"
A*aorn S~omim e ` Jesea ise te--p-,
Iit i +.bef.- ot th e 'coWitctW Isaa
.Q : , iLouise Stricken
PRINCESS VICTORIA LOUISE.
Berlin, Jan. 3.--Recent events have
given color to the dreadful rumor that
Princess Victoria Louise, the only
daughter of Kaiser Wilhelm, is suf
fering from the hopeless malady which
for several generations has been the
curse of the ruling house in Ger
many.
This malady, carcinoma, is a form
of insanity, and it is said that the
efforts of the girl to attain proficiency
in the arts and sciences have proved
all but futile.. She is unable to con
verse on matters beyond ordinary gos
sip, and it is feared never will possess
the ability to acquire knowledge even
of a trivial' sort.
Yet she is a beautiful girl, and ap.
pears intelligent. She dances and rides
horseback like the average princess.
The casual observer would hardly sus
pect that' she is the victim of a dread
disease.
With her ancestors 'who have been
stricken with the malady, all have
workers and argued in support of it,
as dfd Attorney Krum. Zoline de
clared that in cases such as the pres
ent ones the prisoners have the right
of bail, particularly as the defendants
were sentenced and sent to Leaven
worth before a hearing on a writ of
error had been held.
"Do you mean to tell me that al
writ of supersedeas should issue as al
matter of right?" inquired Judge)
Baker. "That is my understanding,"
replied Zoline, who then began quoting
supreme court decisions, which, he
said, bore on the point.
Judge Baker stated that the point
of the writ of error was not well taken.
He added that there was no occasion)
for the court of appeals to supervene
In any case unless it is shown that
the procedure of the lower court was
questionable at law.
Replying to this, Zoline declared
that the evidence on which convic
tions were secured at Indianapolis
was "vague and inadequale" and that'
the judge of the lo\wer court should
not have allowed the cases of many
of the defendants to go to the jury
at all.
Krum argued that there was no evi
dence adduced at Indianapolis to show
that the defendants conspired to
carry dynamite on passenger trains.
"If dynamite had been carried, from
Detroit to Tiffin, Ohio, by automo
bile there would have been no charge
of conspiracy," said the lawyer.
Judge Anderson was in error, Krum
said, w.hen he allowed the jury to
consider the purposes which led to
the transportation of explosives. Pur.
poses and results, he insisted,' were
matters for the state courts exclu
aively.
United States District Attorney Mil
ler of Indianapolis represented the
government and spoke in opposition to
the application for a writ.
Miller characterfied the sentences
imposed upon the defendants as
"merciful." When he had finished,
Krum again addressed the court, say
ing that 10 of the men now in prison
do not seek to appeal their cases. He
did not name them.
Judge Baker, who delivered the
opinion of the court, stated th:lt
Judge Anderson, before whom the al
leged' conspirators were tried, would
be authorized to pass on any bonds
offered.
Not Usual.
The judge said that in cases like
that at Indianapolis, where a writ of
supersedeas has been applied for be
fore sentence has been executed, it is
not usual to expedite the carrying out
of the sentieS, but to await action
by the court of appeals.
In fixing the amount of ball, the
Judges were Impressed 'by the fact
that the offenses charged against the
defendants are not extraditable. For
this reason bail was fixed at amounts
whteh the court said would make it. of
interest to the sureties to see that the
delendants do not leave the jurisdlc
tlon of the court.
"'*When the questions raised ir the
aplitLon for sapersedeas," said' Judge
Upkl I' "are not frlvolous and are
proseOuted In good faith and not for
the obvious purpose of delay, then the
l'ritr~ iuld be gr.tted. We deem this
a tflitUt opportunity to express the
VI*w that When a judgment of nm
escaped until late in life. With Queen
Louise it came in middle life, but Em
peror and Empress Frederick had
passed the half-century mark when
stricken, the same as the kaiser's sis.
ter Charlotte. The kaiser has thus
far escaped attack of a serious nature,
although It is known that he suffers
greatly from affliction of the left ear
and left side of the throat. This is a
symptom of the malady, and one which
has already appeared in the case of
Princess Louise.
The latest reports concerning the
princess throw an interesting light on
her affairs of the heart. It is known
that many princes have gone to woo
her, but that few if any have asked
her hand. Can it be that, on meeting
her the admiration which her pictures
has-aroused has been cooled? To have
as father-in-law the arbiter of Europe
is a wonderful thing; but it can hardly
compensate for turning a home into
a bedlam.
prisonment has been rendered and the
defendants have applied for a writ of
supersedeas, the representative of the
government should not demand an
execution of the sentence until the
question of granting the supersedeas
has been finally passed upon.
"It seems to us that these cases
coice within the ordinary practice of
admitting convicted persons to 'bail
pending the settlement of the appeal.
The fact that the offenses of which
these defendants have been convicted
are not extraditable must be consid
ered and the bonds should be suffi
ciently high to insure the presence of
the defendants in court in the event
the upper tribunal affirms the de
cision of the district court."
Judge Baker's remarks were not
formally prepared and were delivered
orally. Sixty days were givep to per
fect the record and file the appeal.
Newton Harding of Indianapolis,
also of counsel for the defense, modi
Ifled the earlier optimisim with ref
erence to securing bail. He said, after
hearing the decision:
"We expect to exhaust every means
at our command to obtain bail for
every defendant,
"Just what success we will have re
mains to be seen, as the bonds are
unusually high, and we appreciate the
difficulty of obtaining sureties for
these large sums. We will Ibegin at
once our search for bondsmen. It is
certain that bonds will be obtained
for at least a half dozen of the de
fendants. We hope to get them for
Frank M. Ryan, among others, despite
the fact that for Ryan alone $70,000 is
required.""
Money Available.
San Frnclsco, Jan. 3.-"We will ball
Clancy and Tveitmoe out if it costs
a-million dollars," said former Mayor
P. H. McCarthy, president of the
Building Trades Council of California,
today when informed that writs of
supersedeas had been granted in the
cases of the men convicted at In.
dianapolis. Tveitmoe is secretary of
the council.
"Is money available?" McCarthy
was asked.
"It is available," was the reply, "and
will he immedlately supplied. We
can raise a million or more; I repeat."'
Gompers 8peaks.
Washington, Jan. 3.-.amuel Gem
pers, president of the American Fed
eration of Labor, when asked this aft
ernoon whether the federation would
furnish bail for the release of the men
convicted of conspiracy in the dyna
mite cases, said:
'Neither our men nor the federa
tion has any means."
Lined Up.
Leavenworth, IKan., Jan. S.-Thirty
three labor leaders convicted in con
nection .with the dynamite conspiracy,
who began serving their terms in the
federal prison here January 1, lined up
awkwardly in the warden's office late
today. They had been summoned by
Warden McClaughrey to receive news
that the federal circuit court of ap
peals had granted supersedeas bonds,
which may mean at least temporary
freedom for $3 of the prisoners.
Only two of the men commented
upon the information given them.
Herbert s. Hookin, formerly secretary
Two Very Big Salei
ftovolving a limited quantity of extra splendid, high-class apparel fr'&
~omen and promoting bargains of rarest, sensational order. Come!
Fifty Stridly New Tailored Suits I
and as Many Choice Winter Coats
A selling event of larger merit thnn you The, number is not great, but still there
are usually permitted to enjoy even at the are too many coats for good business man
end of the season. Now it is at the very agemnt; 80 i11 order to hurry them out
height of siedI tine and surely you cannot there's at one-day price of marvelous low
afford to pass this suit selling without a ness--of widest bargain type.
personal and thorough investigation.
Coats
Suits oats
Formerly Sold for Formerly Sold for
$15, $17.50, $20 and $25 $15, $17.50, $20 and $25
13.$1 3.95
Mannish blue serge Boucle coats, plush
Mannish blue serge and velvet coats, nov
suits, fine whipcords;eties, chinchia and
e elties, chinchilla and
new fancies and spe
cial fabrics in strict- .very neat and styl
.! ish diagonal stripes
ly new tailored styles
A rousing Irlgain distributilon and every
Here are os god suits as yOU can buy and w\l nlat In Missoulat who has it, oat to buy
the price is far smaller than you have tver i iisholuld buy It today. The stock" is iot extra
had. They are snaplpy and new, are made Irge, and we advise that you hurry if you
from the Iost of mannish materials and wis to ehaose. There' io' c'rdlitable show
many of theIn are hand tailored. ('liolics iin tlhe window and more in the big upstairs
blues, blacks and a fine line of noveltlies coat romn ; materials of' bet winter sort,
They are all first of their especial class; a ippy atnd now, nd the ' tyles are best
forner prlt's $15.00 up to $25.00. Today lpres lt ntidlseasn models; former values
at .......... .. .... . .... ..... .. . .13.9. 5 up to $25.00o Todaly al........ ..........113.95
Women'sveil- SEE THE BIG WINDOW DISPLAY m Women's $1.25
ing and fine and $1:50 fine
wool shirts at * white waists only
Women's new midwinter wool shirts. \\Womntn's wallsts of good class and
Some fromll fine nuns' veiling, others qlulity, imade f rom white lingerie
from brilliantine; black, blue Iand t.tri'ttls and are ombtridrced and
assorted light colors; a regular run i other styles. These are sightly
of sIRes; $2.50 and $3.00 valuCs, affirs titi sell regularly fr $ 1.5
It ......................................... $1.95 [ ia nd $1.50 1 , leclllI at ............ 5
of the ironworkers' union, who had
been labelled the "hbetrayer" of his fel
lows and the only one of the 33 not
affected by the supersedeas order,
spoke first.
"Will tile bond be perfected at In
dianapolis or at Chicago," he asked
nervotusly.
'PThe question brought broad smlnies
from several of his fellow prisoners.
When Warden McClaughrey said he
was unable, to answer the query,
Hockin made no further attempt to
pursue the matter.
The face of Olaf A. Tveitmoe of San
Francisco, who, like Hockin, was sen
tenced i'o six years, beamed when the
warden announced the Chicago court's
action. He shifted nervously while
Hockin had the floor. Then he said:
"In behalf of my fellows, Mr. War
den, I thank you for this news. Some
of us confidently had expected It. yet
were prepared to serve our time if the
court so willed. With your leave, I
beg to suggest that these men keep
their own counsel until the full import
of the order has worked itself out."
When the warden announced the
bond would be $10,000 fof'every year
of sentence, a slight smile played about
Frank Mh. Ryan's lips.
Warden MoClaughrey said he had
notified them in advance of official
Information concerning the bonds, to
prev\'ent their receipt of various news
paper accounts or other information
which might cause false hopes.
He cautioned them not to become
excited or to talk to other 'prisoners.
The warden told them that next Sun
day each would be given his first op
portunity to write one letter home.
Warden McClaughrey said tonight
he did not expect orders for releases
of the men Would result from the rul
ing of the Chicago court inside of four
or five days, because of the time nec
essary to prepare ball.
The warden returned today from a
conference with Attorney General
Wickersham in Washington. He said
the latter had given 'him special in
structions, regarding the 33 prisoners,
and that, tomorrow he would put In
force an order that no visitors be per
mitted to see them. He said a num
ber of anonymous letters to the "dy
namite" prisoners had been intercepted
in the offices, Some of the letters he
said made "dire threats" against the
prison management.
The warden said that, while the let
ters apparently were written by
cranks, every precaution would be
taken against admitting the names of
any of the writers.
The British army's new field wire
less equipment l, so compact that all
the 4 usn's. for a station can be
earrl 1-6.10i6i'4iw :y toiur roes
MERGER PLAN AS
HELENA SEES IT
(('ontlnua] I rom Page One)
conventlon platform looking to cold
storage for reform nieisres,
That platform denounced the lilnem
bers of the railroad commisllsion as Ie
ing "lax, inattentive and luefflclent."
To add ia vast amounlllt of other Iin
portant work to that nort of a Iady
would be to makte farce of the whole
proceeding.
Senator Tonm Stout of Fergu~s county
is one of the democrats who will insist
upon real performance of platform
pledges by his party in the legislature,
and he has given it out among his
friends at home that legislation must
be enacted by the full memnbershlp of
both the house and senate, and not iby
steering committees.
The senator Is undeirstood to hold
that the progressl\'ves are deciledly to
he reckoned with In Monlltlan iin the
future, and that if the democrats fall
to make good in sulbstantial fashion,
the Bull Moosers will fall heir to the
political supremacy of the state at a
very early day. The three members
of the lower houlise from J(FergIsH county,
all democrats, are ulllnderstood to be In
thorough symipathy with Henator Stout
in his announced attitude.
ARCHBALD HEARING
WILL RESUME TODAY
Washington, Jun. 3.-The senate,
sitting as a court of imnpeachment in
the trial of Judge ltobert W. Archbald
of the commerce court, will avsemble
again tomorrow after a recess of more
than two weeks. The triaLI was sched
uled to be resumed today, but the
death of Senator Davis of Arkansas,
and the subsequent adjournment of
the senate, precluded any sdsston.
A. 8. Worthington, Archbald's coun-.
sel, said the jurist would take the wit
ness stand Monday in his own behalf.
INDICTMENTS MAY FAIL.
Indianapolis. Jan. 8.-The discovery
of an order by the Indiana railroad
onmunission granting the Cincinnati,
namiltoa & Dayton raflroad until
R.b The Reliable Household Lanten
There is always need for a good lantern around
the home-in the yard, in the cellar, in the attlei
wherever a lamp is inconvenient or unsafe.
The RAYO is ideal for home use. It gives a clear,
light-like sunlight on tap. It is strong, durable, compact,
Doesn't leak. Doesn't smoke. Easy to light and rewick.
last for years. Ask for the RAYO.
At Dealer ryEA.re
CONTINENTAL OIL COMPANY
a~ofY~"i~"L~"a:' ~ Caw.o
January 1, 1913, to complete thae In
ltallatiln of a block signal system
,ay hiv', an ilmiaportant ilearing in tht
cases of' 1t officers and directors of
the Im id Indicted ihre a few days ago,
ic:rged with involuntary manslaugh
ter, i ai result of tile Irvington
\vwrec(k., whihI cost 16 lives. As the
liability of tIe offlcers was bated on
the fact that the company had failed
to install the system as ordered, at
tuorneys for the compnl)any believe the
Indict llelts Invalid.
A VITAL QUESTION.
Washington, Jan. 3.-On the theory
that the federal government has as
much power to protect persons as it
has to protect cattle, the government,
in a brief, asked toe supreme court to
day to sustain the white-slave traffic
act as (constitutional,
Assistant Attorney General Harr
quoted the decision of tlhe supreme
court upholding the constitutionality
of the law against the interstate I
transportatlon of diseased cattle.
"Will it be said," asked Harr, "thats
congress, If it chooses to act, cannot I
protect the people of the several states I
against the introduction of women and
girls for debauchery-that the law at- t
fords greater security to cattle than a
to persona?" 4 s5
BRYAN'S FIGHT NOT
MADE IN VAIN.
(Continued From Page One)
senators are lining up as pl'ogreutves
is accepted as indicating that Presi
dent-elect Wilson has made it suffi
clently clear that he is looking for pro
greslive support and not that of the
reactionaries.
All democrats are commenting hete
upon his declaration at Stauntonthat~
some men will have to be forcetttlly
convinced that a new time is corning
in the control of government.
A mean, stuffy cold, with. hdrea
wheezy breathing is just the k$ that
runs into bronchitis or Pan alia.
Don't tifle with such serlObut eOp am
but take Foley's Honey and ,t' r
pound promptly. Quick and
results are just what you
from this great medicine. .
and heals the inflamed air pai it
atops the hoarse ,racking. oeuoh&1i
soula Drug Co.--Adv.