The Minneapolis journal. [volume], July 15, 1906, Part I, News Section, Image 1

About The Minneapolis journal. [volume] (Minneapolis, Minn.) 1888-1939

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PLOT SLAUGHTER
Of RATE LAW AND
ALL ITS
Railroads Prepare to Attack
Constitutionality of the
Recent Legislation.
Think Supreme Court Will
Sound Doom of the
Measure.
Mark Administration Sen
ators for Defeat in Next
Elections.
Hire Newspapers to Wage
War on Men Who Served
the People.
Plan to Put "Safe and Sane"
Man in the White
House.
yk^M Some light has been thrown
today on the meeting in
Chicago this week of the counsel for
many western railways to consider
the legal aspects of the new rate law.
In Washington is the headquarters of
the publicity bureau of the associated
railways of the countryassociated
for the purpose of fighting against
rate regulation. Samuel Spencer, presi
dent of the Southern Railway com
panv, is at the head of the associa
tion, and manages the publicity pro
gram. The publicity bureau is showing
signs of unusual life, and it is an
nounced that it is to continue its
work. The presumption was that this
bui-eau would go out of existence with
the enactment of the rate law, but it
seems there is still important work
to be done.
It is said that the counsel, who have
teen meeting in Chicago, are to de
cide that the new law is unconstitu-.
tional, and are to follow that decision
with the recommendation that it be
contested in the courts. While this con
test is going on, it is the purpose of
the publicity bureau to supplement
the work by the preparation of a
series of articles giving the grounds of
the alleged unconstitutionality and
preparing the public for the blow
which the railways believe is to fall
upon the announcement of the supreme
court decision.
Wars on Senators, Too.
This same publicity bureau is to
move also in the matter of endeavor
ing to' create sentiment in a number
of states against certain United States
senators who are friendly to the Roose
velt policy, and who come up for re
election next winter. Already it is
said newspapers have been found in
all states where senatorial fights are
to be made which will publish the
series of articles regarding the uncon
stitutionality of the rate law, and fol
low that with attacks upon the sen
ators who are marked for slaughter.
The publicity bureau in Washington
seems to be well informed regarding
the meeting of the railway lawyers
in Chicago this week, and to know
that these lawyers are to decide that
the law will not hold water and ought
to be tested in the courts. The* alleged
unconstitutionality is found in the
clause giving rate-making power to
the interstate commerce commission
under circumstances which it
claimed involve direct delegation of
legislative authority.
The railway attorneys say that if
the new law had directed the Use of
explicit means of reaching a rate, as
for instance, by Senator La Follette's
suggestion of basing it upon the valua
tion of railway property, it would be
invulnerable. Instead of doing that,
however, the law delegates the entire
question of a rate to a commission,
leaving it to exercise its .judgment
as to what is a fair rate. The railway
contention is that there should be no
room for the exercise of judgment, but
that the rate fixed should be mathe
matically correct and susceptible of
mathematical demonstration.
Aim at Presidency.
The ".-judgment" of the commission
as to what is a fair rate involves the
extercise of a legislative discretion, say
the raiyway attorneys, and on this
point they hope to have the new law
knocked sky high.
Should this be accomplished, the rail
ways of course understand that the
country will demand a new law to take
the place of the old one, and so they
want to "fix" the senate in the mean
time so as to make sure that when the
question comes up in that body again it
will be on a different basis from that
which is occupied in.the. session of con
gress just adjourned. Roosevelt will
then be out of the White House and his
place filled, "if the great corporate in
terests can have it so, by some man
who is "safe and sane." Without the
White House stimulus it will be diffi
cult to create public sentiment, and
with no public sentiment the senate
Continued on 2d Page^SJkh Column.
tHXS PAPBa CONSISTS OP EI&B PARTS AND JOTJBNAI. JXJNIOH. ^BE THAT YOTJ QBT XBBM'JW.$S
**Stt*^-3WMC^TO^
PRINCIPALS IN SENSATIONAL ASSASSINATION CASE
FORMER JUDGE HARGIS,
Accused of the Murder of Attorney J. B.
Marcum, Who Now Awaits Verdict
of Jury That Tried Him.
j: :-:jr.:::-
EATTYSVILLE, Ky July 14.
The case against former Judge
James Hargis, accused of the
murder of J. B," Marcum went to the
jury late this afternoon, after argu
ments on both sides had been com
pleted.
In his instructions to the jury Special
Judge Dorsey said that if they believed
Hargis conspired with any one to kill
Marcum he must be convicted, but if
they do not believe the evidence suffi
cient to warrant the infliction of the
death penalty has been brought out,
they must acquit, it being impossible
under the indictment to convict of any
lesser crime than murder in the first
ESFOR STATE
Opportunity Is Presented to
Make Waste Land High
ly Productive.
Special to The Journal.
Washington, July 14.The reclama
tion service has some, /food things in
store for Minnesota, It is going
to adopt the idea of the Steener
son bill, which seeks to -employ
money derived .from the sale of
government lands in., Minnesota to
It is desirable, however, that what
ever is undertaken in this way shall
be done systematically. The. govern
ment has provided for a topographical
survey of the Red Lake reservation
and the engineers are already on the
ground preparing for that work. Fif
teen thousand dollars have
!been ap-
propriated by congress for this survey
with a view to draining the reserva
vation lands.
It is apparent, however, that the
work of draining the reservation can
not be as successfully accomplished
if it is confined to the- reservation
alone as it would be if it were carried
out as a part of a general scheme for
the drainage of all lands capable of
being effectually drained in that part
of the state. So it is proposed by the
reclamation service that the state of
Minnesota appropriate an additional
$15,000, which, it is estimated, will be
sufficient to extend the work of the
government surveyors over the state
lands and other lands which it is de
sired to drain. The government en
gineers will then lay out a general and
practical scheme for the whole under
taking and have the data ready for
presentation to the first term of the
next congress.
The government land sales in Min-
Continued on Page 3, 1st Column.
MINNEAPOLIS, MINNESOTA,
CURTISS JETT,
Kentucky Desperado Who Confessed that
He Slew Marcum and Who So
nies Complicity of Judge Hargis.
tending to show that they made fre
quent attempts to hire assassins to kill
their enemy. Clemency is said to have
been offered Jett, then a convict if he
would put Marcum out of the way.
FIRST 1TI-TRUST
TRIAL BY STATE
Commonwealth of Minnesota
Proceeds Against Duluth
Board of Trade.
The final action under Minnesota's
new anti-trust law will come to trial
Monday, when the case of the state of
Minnesota against the Duluth Board of
Trade, opens before- Judge Debell in
the courts of the Zenith city. Edward
T. Young, attorney general, and Royal
A. Stone, assistant, will conduct the
case for the state. The action lis
brought under the state anti-trust law,
and will be the first case to be brought
and tried by the state under this law.
The board of trade is charged with
being a combination in restraint of
trade, in view of the fact that it has
shut out the grain of the Farmers'
Exchange from sale on the board mar
ket, or from being handled by any of
the board members.
There are two important points at
issue.
The first is the question of the va
lidity of the rules of the Duluth Board
of Trade/fixing commissions and rates
of interest and prohibiting dealings of
members with non-members who refuse
to' be bound by the board's rules. Non
mernbers must be charged certain rule
rates, and even the rate of interest on
money is fixed. Between board mem
bers, however, these rules and fixed
rates are not in effect.
The second point is the charge of a
conspiracy on the part of the Duluth
board to shut out the Farmers' Ex
change from the Duluth market.
Incidentally, the decision of the court
in this case, the trial of which will take
at least a week, may have "a very im
portant bearing on the Minneapolis
Chamber of Commerce, in that if the
rules of the Duluth Board of Trade rel
ative to dealings with non-members are
held to be violations of law, similar
rules of the Minneapolis Chamber of
Commerce may be likewise invalidated.
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SUNDAY
Guatemala FacesVital Crisis
.as Result of, I^rmal^::
Coalition(^#^
Ij,ong Peace Has Stirred Up
Latin-American Lust forr
Battle. **-&- ::f
Salvadorean^ ipFbfces Drive
Invaders Back After Des
perate Battle.
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degree. It is not expected that the
jury will agree.
The case is one of the most sensation
al in the history of Kentucky, noto
rious for its feud battles and assassin
ations. Attorney Marcum was shot
down in front of the courthoue. Jett
confessed on the witness stands the oth
er day that he committed the murder.
He denied the complicity of Judge HaT
gis or former Sheriff Callahan. The
state accuses the latter of conspiring to
slay Marcum on account of a petty
grievance, and has introduced evidence Specia CaMa to Journal.
MORNING, JULY
-4
Americans to Battle.
By Publishers' Press.
Vera Cruz, July 14.It is re
ported that the victorious army is
preparing to move tomorrow with
17,000 men across the frontier.
There are said to be a number of
American adventurers with the
Guatemalan revolutionists. Six
hundred Americana, it is reported,
who were enlisted at San Fran
cisco are with this force.
Another crowd of Americans
numbering nearly 200 men, is said
to be with General Toledo. Amer
icans are said to be in charge of
the forces in several provinces.
PlANAMA,The
S
July 14.Guatemala is
facing a vital crisis. Honduras
today joined Salvador- in- the
declaration of war, according-to advices
received here*
All the district is seeth-
ing and peac!e,which.haj,stained for
such an unusual period, has' only served
to- whet the, appetites 6?-the Latin
Americans for revolution and- warfare.
.The Guatemalan forces ,suffered a
hard repulse by |he S^a lva\4|o*ean forces
at Meatpan, twelve
:,inrt^s "from the
Guatemalan border. General Borilla
Commanded the Salvadorean' army and
drove the invaders ia?m their position,
which.he now "occupies. The Salvador
eans first invaded Guatemala, and it
is thought^ here that the invasion of
Salvador was in retaliation:,,,^"
Guatemala Best Prepared.
Persons familiar with the standing of
the three countries agree that Guata
mela is in better position than aary of
the others to carry on wari, Itecent in
ternatipnal troufe^ ^Hnsigulflcaut to
attractfattention Q$wude,.Lnt sufficient
to p^ut \the country ojn-A lighting basis,
finds the country ready to meet its foesi
Partizan .difficulties have lieen laid
aside in-the face of the common crisis.
Alone. Salvador would not be a
mat oh for Guatemala and it is admitted
that Salvador and Honduras combined
will have -plenty of fighting on their
hands.
Costa Rica May: Fight.
The declaration of war by Honduras
upon Guatemala brings i a third state
actively into- the Central American
trouhle, which-- has been progressing
with more or less severe fighting and
bloodshed for,a month or more. Hon
duras and Salvador* are now arrayed
against their neighbor on the west.
Nicaragua and: Costa Rica are the only
two countries- still passive, and it has
been said that: the former is about to
take part in the fighting. Up to today
Honduras seemingly has taken no part
in the"* difficulty between her neigh
bors. Recent" reports, however, de
clared her territory has been invaded
by Guatemalan troops in pursuit of
fugitives from the army of General
Regalado, the Salvadorean commander
who was killed in the fighting at
Jicaro.
The present trouble in Central
America has been brewing for a long
time. For the last five years the revo
lutionists in that country have been
Continued on Page 3, 2d Column.
$Z9 mwou NOT^
URGES DEATH PENALTY
DANIEL HEBUHT,
The Chicago alderman who advocates
the death penalty for assailants of
women and children. His resolution,
asking the Illinois legislature to put
assaults upon women and children in
the capital punishment class was
passed, unanimously, by the city coun
cil and a delegation from that body
will constitute a lobby in behalf of
the measure. Herlihy is a papermaker
by trade and 46 years of age.
TO VOTE PROXIES
New York Law Prevents
Governor Taking Part in
Insurance Elections.
By recently enacted laws of the New
York legislature, all of the proxies held
by. Governor Johnson for policyholders
-of the New York Life and Mutual Life
in the northwest have been made null
and void.
These proxies have been pouring in
for weeks from 'various parts of Min
nesota, many from the two Dakotas,
and a ^number from Wisconsin and
Iowa. At the meeting some weeks ago
of traveling men at Water&wn, S. D.,
the matter of proxies for Governor
'Johnson to handle was taken up with
vigor and blanks were sent out to be
filled in and returned to the governor.
.This caused the inpouring of fully half
the proxies Minnesota's chief executive
now holds.
So Much Waste Paper.
I don't believe there is anything
for me to do now but to destroy the
proxies I hold," said Governor John
son last evening, "and that is what
I have decided to do. It would do no
good to return them to the senders for
they have the right to cast their votes
anyhow. The proxies are now but so
much worthless paper. According to
the new New York state law, no prox
ies of policyholders are good issued
before Sept. 18 next.
I hope the address about to be
sent out by the international policy
holders' committee will open the eyes
of those who have sent me their prox
ies to the fact that I cannot cast their
votes for them. Every policyholder
must now act for himself."
EIGHT BURIED BY OAVE-IN.
By Publishers' Press.
Pittsburg, July 14.-Late this after
noon a runaway car in the mine of
the Mansfield Coal & Coke company,
near Carnegie, knocked down several
wooden pillars, allowing a large quan
tity of the roof to fall. Eight work
men were caught under many tons of
debris. Nicholas Kiolnski was fatally
injured and five others are in an ex
tremely critical condition.
jpsSr
SINGLE HANDED
HE ARRESTS FOUR
Citizen of Prescott Holds
Murder Suspects at Bay,
With Rifle.
Charge of Murder Placed
Against 24 Italians for
JPeath of Officer.
Speoisl to The Journal.
RE8COTT, Wis., July 14.That
the arrest of four more Italians,
held responsible for the murder
of Constable Isaac, was made today is
directly due to the nerve and courage
of Al Knippenberg of this -place.
Early in the day Knippenberg, ac
companied by the deputy game warden
of this county and by John Faxine, a
jeweler of Prescott, and Frank ^Otto, a
logger, went to the farm of Jack Green
at Smith's Siding, seven miles south,
to beat up the woods in that vicinity.
When the men reached the pttc# it
was suggested to Knippenberg that he
remain behind while the ethers searched
the woods. This was agreed to, and
soon after the others had departed ten
of the Italian suspects approached the
farm and asked Green to row them
across the river.
The farmer said he had no boat, and
then the men pointed inquiringly to
the gasolene launch belonging to the
Prescott quartet.
When Knippenberg said: "That boat
is mine, you can't have 'it," two of
the men started for it, and Knippen
berg raised his rifle and declared he
wculd shoot the first one to lay hands
upon it.
Six. of the Italians then started to
run and Knippenberg fired upon them.
One fell upon his knees and is believed
to have been wounded. However, he
was able to rise and soon disappeared.
Four of the fugitives had scarcely
moved in the meantime and Knippen
berg, bringing his rifle to bear upon
them, told them to stand where they
were.. Faxine, Otto and the deputy,
attracted by the shots, came harrying
back to the farm, and on the way ran
upon one of the fugitives, all firing
their revolvers at him, but withont
effect. Knippenberg kept the four men
in line until the arrival of lis compan
ions and then, while two ran the boat,
the- other two,, with loaded guns,
escorted the four suspects along the
railroad track to Prescott. fe?^
Dommick MasselM, upon, whom the
murdered officer was attempting to
serve a warrant, was brought this after
noon before Justice William Statf for
shooting quail contrary to the game
laws of the state, pleaded guilty and
was given six months in the county
jail. He" has retained counsel, and an
effort will be made to secure a'mitiga
tion of sentence.
Maaselli was perfectly willing to ac
company the officer and there are wit
nesses'to the fact that he took no part
in the assault on the officer.
CHARGE MURDER TO 24
Five of the Gang Arraigned at the
County Seat.
Special to The Journal.
Ellsworth, Wis., July 14.Five of the
Italians arrested for complicity in the
murder of Constable Isaac at Prescott
yesterday afternoon were arraigned here
today and pleaded not guilty. The ex
amination was then continued until Fri
day.
Ed Schultz, foreman of the gravel
train, was the complaining witness in
today's proceedings. He swore that he
saw Saroguse, leader,of the gang, strike
the blow that killed the constable. A
shovel was the weapon.
When the officer was lying all but
dead upon the ground, the others piled
Continued on 2d Page, 6th Column.
MRS. RIGGS WILL
FIGHT TO RETAIN
Widow of Millie Ellison's
Murderer Declares Faith
in His Innocence.
Asserts Her Confidence" in
Ability to Prove Right?]?
to Money.
STANDINdG
Ml i/4-
Avers Most of the Money
Had Been on Deposit y.^
for Years. \^M0
Unflinching, She Faces the
World, Tho Aged Visibly
*by Ordeal.
Riggs' Fatal Mistake and
First Key to Solution
of Mystery.
.-M-
beneath the rooftree
darkene by the shadow of her
husband's horrible crime and
tragic death, Mrs. N. M. Riggs yester-"
day afternoon heroically declared her
faith in his innocence to be unshaken.
Unflinchingly she faced the future, as
sorted her right to the property he had
left, and insisted that she would fight
to the end to maintain that right.
It was a sad home-coming for the
wife of the murderer and the suicide
when she entered the family residence
at 3405 PillBbury avenue about 4 pan.
yesterday. It was a dramatic and pa
thetic. moment when she crossed that
desolate threshold, and the horror of
it all must have shaken even the sto
ical patience of the woman who has
passed thru a succession of ordeals since
Wednesday afternoon, when she first
he**d of Riggs' arrest on a charge
of robbing and murdering Miss Millie
Ellison in her room at the National ho
tel.
ShovQKjffiect of Strain^ 7..
.The effect of the extreme strairfJ
apparent When Mrs. Riggs came to the
door in response to the summons of a
Journal reporter. Her face bore an
expression of indescribable weariness.
The drawn lines about her mouth and
eyes showed Borrow and suffering, and
her face seemed that of a much older
woman than of the one who calmly
heard the news -ef the last act of the
tragedy at Elroy Wednesday night.
Self-control was still dominant, how
ever, and altho Mrs. JRiggs couTd not
entirely conceal the quaver of her voice,
her self-contTol was otherwise complete
and she was possessed of a quiet
strength and dignity that made a strong
appeal.
Florence, the 17-year-old daughter,
was busying herself about the kitchen.
A friend or relative of Mrs. Riggs re
mained near the door, but inside the
house, and a sweet-faced little girl
played on the floor, all unconscious
of the shadow that had fallen on the
lives of the people she loved. ,i
I have been home only a short time.'
My plans have not been made and I
have nothing to say," was Mrs. Riggs'
plea when the reporter had knade known
the purpose of his call. She moved
back into the house and started to
close the door.
Claims Right to Money.
Do you wish to make any statement
in regard to what you propose to do
about the money found in the safety
deposit vault?" she was asked.
"That money is mine. I think we
will have no trouble in proving that,
and I shall use every legitimate right
to retain it." And Mrs. Riggs opened
wider the door, asserting her claim to
the money.
"Then you will retain an attorney
and fight for the possession of that
money!" "^1
I certainly shall."*'
"Have you retained a lawyert" x*^|
"No but I have one in view."
"Did you know how much money
there was in the vault?"
I knew there was-between $3,000
and $4,000, a large part of which had
been there for seven or eight years."
"Did your husband give you the box
key when he went to see Von Wednes
day afternoon on the farm .near El
Toyf" \'l
"About that key," said Mrs. Riggs.
I would gladly have sent the authori
ties the key to Mr. Riggs' safety de
posit vault box if I had understood
what key they wanted, and I intended
bringing it to them just as soon as I
could. Now I have said more than
I intended."
"But you were asked for that keyt"
I didn't understand what key. I
knew the money was mine and was per
fectly willing that the authorities
should see everything in that box."
"Then, you had faith in your hus
band's innocence!''
I had, and have now. I cannot be
lieve my husband guilty of the awful
crime with which he is charged," said
Mrs. Riggs, as she signified that she
did not care to discuss the affair fur*
:i