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Deseret evening news. [volume] (Great Salt Lake City [Utah]) 1867-1920, November 05, 1906, Last Edition, Image 1

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn83045555/1906-11-05/ed-1/seq-1/

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J nol nlOlIlS 0 I lu nbout ftlXkIRl or My sell t that itlmit tlllU Xollilnn M I c CM i can Alltl DBSERET EVENING NEWS THO 3111 fart ninl or cnlnrso In Ilircc a uint flu simple whole ud atntrincnH iniiy outlooJ eluineu for of 4
1 or
verv TT nm
t yh rat tt I Valley Farmers Win Famous Smelter Smoke U Jl = Case 1Tll YEAR vim iI i r
> and boy first tali ISION ISOY
rnorl federal Court Finds In Favor of
Pro A thi The Farmers and Against j
The Smelters
tat rt Has Saving Clause Which Gives I
51 Defendants Thirty Days in
Which to Appeal
11 i
o j Hundred Nineteen Farmers Wrrc
n rlalnlfr nnd the Caw Viis Mul
Stubbornly fought
jriic John A Marshall of the ted
= = iii co rUodiy banded down nn opin
ion In the famous ntnclter edam
lit rm brought by tim Vnlloy Farm
iMocIatlcm 409 In number In
I blcblhey caked for the alatclnt
< t tls nuisance or the closing of the
Irolll t Judge Marshalls decision
Ii t waplot victory for the plain
tiidftwsi It hnll a savins clause tor
tht tell ° t tim smeller uperatois
II an Ztth thirty dnya In which to
ttal ft to show that they
Ile intituled means thU have re
IIJ the dangers icsultliifr from the
lima tlnre the Institution of the
ji his opinion Judge Marshall gives
I trlcf history of tho case and takes
ip a number oC the principal contort
loo in the briefs submitted by attor
W on either side Answering an I
ljrtlon of the defendants Judge
Jil1hall says
The Injury from smelter fumes has
kn cumulative on the ono hand and
aL on tho other extended as the
lto his elapsed over n wider area
rtmpt who hind pot been Injured
trs ret required to anticipate this
M 11 to such complainants their
lbt to an Injunction line not been
Vho defendants contended that the
I wnplalnants should have proved own
whip as well as possession of the
I fropcrty alleged to have been damaged
kjr the smelter smoke but thn court
bId that this was not necessary Many
cf the complainants went Upon the
tand as witnesses In the case and
1itlfla that they were the owners of
Ite property BO Injured
A lisa of the American Smelting
JiiSnlng company was that It It only
L had operated no damage would have
hlR done The court held that It was
IWTW from the testimony that It had
titerlally contributed to the nuisance
i rwplalnM of
The courts jurisdiction had been
ktUnscd on the ground that no one
lonplalnant would have suffered actual
tiBiats to an amount exceeding J2000 I
mlfe Marshall was of the opinion that
1III wlue of the matter in dispute Is
f toviliie of the claimed right of which
It defendants will be deprived by the
fwtlng of the relief sought and In
l lnion he says
Alt the defendant excepting the
rharn Consolidated Jllnlnir Smelt
f comrany mid the Blngham Copper
1 GOld
Jllnlng company nfllrmatlvely
1Pre thli
value In n sum largely ex
tllnr the
minimum limit of Jurlsdlo
1411 and all of the defendants have
t411 their
defense on evidence of
Ihb vilut
The difficulty u that wuh
rllpeet to tho two defendants above
nonhtro In the bill or answer la
Ihle any
ny specific averment as to the
rllUt > t the
matter In dispute and as
10 thol4
defendants no decree on the
lOlrltl can be
entered In this etate of
However an the evl
the defendants clearly shows
reqUired value the cOl11plalnant
si be
permitted to file
nn amendment
10 theIr
dr bill m
this respect to conform
10 Ihe
Proof Sufficient authority for
1 Till
be found In Tremalne M
Hlt > cock
3 wall 513
Pon Iho
flhin e of the amendment
m d a decree 111 be entered en
4 e defeMMU from
further roasllng Or
1 hId ores smelting ot
carpIng over 10
4r tilt
jg mlphur and
ikedlons at their present
1 0 M to dl charee Into the
lI1ophere s the sulphur In the torm ot d
lnd from Ihe furher
That atmosphere f anleriic 1 prold
the defendants
or any one or
bV I n
more of them may at any tlmo here
aflcr apply to the court upon duo no
tice lu the coinpliilinuils for a modifica
tion or fliispenslon of tills Injunction
upon A showing which the court may
deem sufficient that conditions have
been so changed that the discharge ot
such sulphurous mid arsenical fumes
Into the air by hem or either of them
may be resumed or otherwise conduct
ed so as not to create or continue
or contribute to create or continue the
I nuisance complained of
s the Interests involved aie lame
and the questions decided of nreit Im
portance this Injunction will only Tako
effect at the cxplrntlon of 30 days from
the date of tho decree a pcrlo1 siiill
dent for the perfecting of nn appeal
I144t INTl IFS XUMIlKtt 409
The tithe of the case Is Jams Godfrey
et al versus tho American Smelling and
IlcflnlnK rompuny et nl The plalntlffi
number 109 pcrBons and tim respective
claims were mcigtd Into ono cole by
stipulation On the side ot time defense
there lire five companies nx follows
lAmorlcaii fjuicltlnR and Itcflnlng com
pany the Utah Consolidated the Unit
ed States KmoltliiB and Itennlng com
pany the lllnvharn Comolldutcd Min
ing and Smelting company nnd tho
Hlmilinm Copper and Gold Mining corn
nan y
The decision brings the lonu fought
battle between the Hmeltcts nnd tho
valley fanncra to a decisive point It
has lircn goliif on Incessantly sineo
JUlie 1904 when a series of south
ulmH brought time blight from the
Mnrrny siuokcstacKf clear north tu tho
city limits and devastated n uldn
swath of country which enmo to hfl
knonn ns the smoke belt Shire
then the chnngliiR winds have trans
ferred and extended the belt In many
directions Iait year It went inln
clpnlly southeast from tho smclterR
nnd this ycur It cnmo northeust Instead
of northwest veil burning trees In
Liberty park nnd farther north
Damage amounted to but little li
dry weather and did Its work ot de
vastation whenever rain came with the
wind The saving clause In favor of
the smelters prevents them from be
InK stopped from running at least Im
mediately and may save them perma
nently The farmers have believed
from the first thai the smelters could S
control their smoke If they so desired
It It known that every smelting plan
has been aUwoik on the problem wince
tho petition went to the federal court
and that some ot them havo It parti
ally solved When the pressure of
opinion from the farmers meetings
was at Its height Manager Chan
nlnjj of the Utah Consolidated put a
force ot specialists to work at Ills plant
and gave the farmers free access to
see what efforts were being made Oth
er plants also experimented and expensive
pensive jpcclal Hues were built to catch
the flue dust while the sulphur hear
Ing smoke was given a water treat
ment by means of sprayes In special
flues In the Instance of the Highland
Time farmers took their fight to the
federal court oer a year ago In the
fall of 1901 they began to organize
In small mass meetings held at Gran
ger Murray Taylornvllle Sandy ami
other towns In tho smoke belt of that
season Finally these meetings cul
minated In a central mass meeting of
tho whole county held at Murray A
ctntmt committee was appointed and
ix tax was levied on each land holder
of 10 cents per ucie to meet expenses
Dcsldts the central committee sub
committees weie selected on finance
legislation law amid publicity Tho
flrt measure was for the farmers to
try by peaceable measure to effect nn
understanding with the smelters They
wonted them to try to solve ho ques
tion and whlla some of tho smelters
treated the petition respectfully oth
ers sent the committee away convinced
that It had been Insulted and also
convinced that the management felt
It was none of their affair what tho
smelters proposed to do
An appeal was then made to the coun
ty commissioners Ono emcltcr refused
to allow time commissioners to Inspect
Its plant while the others offered every
assistance and were found to he at
work while the obdurate one gave
more trouble
The board of health ivan next ap
pealed to and a horse waa brought In
suffering from poison It died on the
way and wuj hauled to the county
building The teeth of sheep coated
with lead and copper were aiM ex
hibited and the case wan threshed out
here for a time
At tho last ksuslature It threatened
to become an Issue but tile commIttee
of farmers having the policy In charge
Anally settled on n null In the Federal
court A temporary injunction was not
asked as It was permanent relief the
people were seeking Senator Jos L
Jlawllns and Judge William If Kins
were chosen an counsel for the plain
tiffs and they flied their suits before
Judqe Marshall
U wu referred to a referee for the
taking of testimony late In the summer
of W05 Much of the testimony was
technical and It filled many volumes
I of tn > otuU < Mi text The woik went on
dm iiig October November and D ° eem
Iw of 130J ana up till June of 1906
The IHHI vtiK then argued before Judge
I MaiMiull and was ukcji under iii vle
mcnl until toila when the decision 034
handed dinvn
S FtltMiits WILL liE HAIlY
Judge KliiK says that the victory Is
a decisive oiu for the farnieis It cs
tnbllBhfs their rights to their home In
the alley over the ilshta of the sinwi I
len < to come In nnd spread their pol
BOIKIUS smoke over the community dc
spIte the financial gnln to the xmeltns
It U thought that time ultimate effect
will ho to force limo flutters to expend
money enough colvo the smoke < tics
thou amid U eeun that unless Hits Is
done the linn hand of the uovciimient
will ultimately force them td other to
calltlcK This nun done In California
where a move of big trees was eiidini
gored nnd It was held that the iWnVTil
bciuly of the country was more valu
nblu than the revenue from the slime
t emi
Judge Marshalls action In tho tmeltcr
cans WCHJ the talk of mining circles this
nfirnoon partlculaily around the stock
trading centers of Second South street
where It had become generally know
Quito n number who have been holding
somo of tile Utah Copper stocks cave
their brokers selling order While It
Is likely that some of Item will be more
or less nffeetul there ate a good many
which ought not to ho and probably will
not be It holders of them exercise eahu
judgment and not make miy snel1ees
at this time
It must bo borne Ini mind that the
larltcld Sindtlng coma intnos copper
smelter near time south enl of tho lake
In not affected by thin order of court and
that Is where oru from tIme Newhouso
Cactus Iloston Consolidated cud nearly
all the Utngham mines excepting those
operated by the Hlngham Con Utah
Con and UnIted States companies gu
fur treatment
An effort MIIH made this afternoon
to get fflino e prcfHlon main tho vari
ous timclter tnimuKers but nil of them
pleaded that they hall not had the
opportunity to go Into the text of
Judge Marsliills ruling Mr Echo
leld of the American Mr Clmnnlng
of the Utah Consolidated Mr Irofcct1
of tho Inlted States companies were
nil H t and nil pleaded that they
could not at least until Intel In the
day bo prepared lo make any state
ment for publication S
I Is understood that the management
of the lilngham Con company Is not
8prlously p rturied over thcsltuailoMr
The Utah Consolidated owing to the
heavy sulphide charctor ot Its ores
will probably ba hit the hardest hy
the injunction I
1 i
Louisville Ky Npv C AttyQcn
Hayes who Is the Dfinoccatlc camlldata
for eovernor appeared In police court to
day and asked Justice McCunn to hold
court all day tomoirow Mr Hayes tali
he hail Informntlon that nn attempt
would bo muile to steal tomorrows prim
ary and that ho Intended to swear out
many warrants Judge McCann prom
ised t bo In court 11 da0
Nizhni Noxgornd Nov S ear HozhH
anotf of the Vlliorj riBlruent of wMcli
Iht German ciniieror In honoraiy con
mander was jerloualy wounded todyby
u bullet rircM jij a member of his own
command nlilln the xoldlvri were practis
ing volley nrlnr with blank cartridges
It Is stated that time shot was llifd accidentally
Noriimn B Smith I Tcnkec Hotel
keeper Killed by Robert Reid
Seattle Waih Nov JA pedal to
the Losiintclllgemer from Juneau Alas
ka says
Norman K Smith a Touakee hotel man
and former famous hlcycfe nicer has been
killed nt Tonakeo Hot Springs by Robert
Held The shooting was without warn
ing Held emtVliiK lioth bnrel of n
shotgun charted with buckshot Into
BmllhB body und head Smith M unit
to have had 1 bad reputation among
the miners and Held clulmn to amOl1
threatened by the hotelkeepfr
Watching Election Closely Be
ing Desirous That Next House
I Shall be Republican
Old Time Methods of Forecasting
Results Have Been Rendered
Almost Useless
Ilillndeljihla In Doubt orlilns Hard
III InwiieiiImactIaNmiv Motion
Apathetic on SluUlmoil
Wl hlnlion Nov 5onirlal Wash
ington Is hooking forward to the iesut
of time election In 42 statos tomorrow
with many cvldcnreH of anxious Inter
cst The president Is not largely con
cerned In the OitCOflh In Now York
state where through fecy Root he has
lad known his attitude regarding tlu
Tile president Is particularly anxious
that tho next liuute shall be of his poli
tical faith Although the Republicans
b uru willing to ndnilt that the Demo
crats are to make gains over their rep
rcscntatlon In Congress yet they do not
concede the former till they aro claim
Ing Doth parties hu directed their
final energies to time states where the
light Is closest
With 1 hostile political body In the
lower branch ot Congress the president
may be frequentlyhunipertd In the prosecution
ecution of his policies and for this rea
son he desires the election of a sate Ho
publican majority
Although denied the right of suffrage
local Washington because of the pres
ence of the national government takes
tho greatest Interest In the outcome
Many of the clerks both Democrats and
Republicans In the various departments
Who still hold their legal residences In
tho states from which they were ap
pointed have ROle home to vote Only
the Democratic congressional commit
tea hap maintained headquarters In
Washington and this fact makes the lo
cal element largely dependent upon out
side sources for straws which show
the the I Isbiowin
S thiewny polltjcnMvInd blowing
New Yoik Nov 5Today will wit
ness thin closing scenes In one of the
most fcmafkaulo campaigns In the
history of the empire state fly mid
night the last public word will hare
bell spoken amid nothing vlll remain
but the utoty to be told by the ballots
themselves Who the hero of the tale
will be cannot be forecasted with any
oertalnty Old time methods of antici
pating tho results of on election have
been rendered almost useless Party
line In every ccctlon of the state have
boon almost obliterated pnity nfnila
Lions of t life time have been thrown
aside nnd thousands of voters tomor I
row will follow their chosen leader
rather than any party
As an Illustration of the conditions
which exist the respective lenders of
the grctt pirttpR basing their estimates
upon what they claim to have been
careful painstaking canvasses have
reached widely different conclusions nm
to what tlil esult will be The man
ngtrsof the Republican and Democrat
ic and Independence league campaigns
each has announced himself as con
vinced that his candidate will have a
plurality of at least SOOOO votes
In some other years tho Monday
Immediately preceding election has been
largely a day o rest or has been de
voted to the quiet work of arranging
the last details In arnUlnl
real struggle which Is to come Not
so today however as from the very
first the tow leading candidates have a
strenuous schedule before them Char
los E Hughes the Republican candi
date for governor will address
IUeror wi seven
meetings this afternoon and evening
In various sections of New York
Wm n Hearst will address three or
four meetings tonight
Fears that the ballots for use In
Greater New York In tomorrows elec
ton might not be printed In time for
distribution an a result of the delay
arlslnl from the nomliuitlon contests
in New Yrtrc county were ended today
Kurly today the last of tin i004000 bal
hits required came trout the OUO mid
lll work of distribution to the jiolllng
places begun Little over i2 hour wits
consumed In inlntfiiK the ballutu
Several bets nt 5 to 1 thut iiiiiies
will bo elected governor weiu made
about llrnudnny today The odd
dropped to < H to 1
Charles K Murphy < > tier < of Tam
many Hall Rid today
After opening the piucloprH turned
Ilenllll elCII
II by tin ii hit rlct loaders on Sat urdii y
I am coiilld nt that Mr 11 rum will
carry New York City by At big 1 tutu
902 ramy as that given tu Mr Coler In
olein plurality for governor In 1102
WHS 12Z7il
Iollei Commissioner lllimhnin today
ordered HIP transfer of 1000 polltimen
who will be un itulyut the loll1111
thou day The tiaiidfnis Ilro for that
day only lltuh pollceiiMii will be al
lowe four hours to ict mini to his elec
tion dlsttlct uid cuM his Mite
Democratic state hondriuartcrs Is to
diy claiming tim e election of Itcpiccen
tatlvcn In the First Sctond Third
Fourth and Twelfth districts I
Philadelphia Nov GTho campaign
lu this stale and city cloned pmctlcal
ly on Saturday night Jtid tho partY
innimgerR deuited tody to final prep
nratlons for tomorrows hath A gov
ermine and other state oillcers leulslat
ure nnd congressmen will be olioaon
COIlre9lel wil 10 IIOn
Kdwln 8 Stuart Republican nominee
for governor Is opposed by Len Is
Kmery Jr the randldato of tho Lin
coln party and Democrats Last > ear
the LincolnDemocratic fuil 10 0 1sf s
elected William 1 Berry state treas
urer by n big majority rime fact
however that Philadelphia Is time hOI
of Mr Htunrt makes 1 prediction as to
the outcome of the election dlftlcult
Ho Is very popular and It Is thought
by many that he will carry tho city
find thprnbv nvArfninn whatever inn
jorlly the state outside ot Philadelphia
I might give to Mr Emery Time Ro I
imbllc111 nnd funlon leaders both claim
the state mid cll
III Philadelphia limo chief contest has
h on between 1 C Othboney the fu
sion nominee for district attorney
and 8 1 llotan Ihl Republican can
didate for the
tlldatt or olllce
The campaign hal been one of the
most memorable wftKed In Philadelphia
nnd the result is In doubt
rtoston Nov 6 Tho political cam
paign this year Is being carried on
practically until the opening or the
uniteliii Guild addressed a meeting of
marketmcii at Faneull hal at non
today while John 13 Moran the Dem
ocratic nnd Independence league can
didate has planned to visit all of the
25 Boston wards this evening making
brief speeches In each
T Is expected that the result r the
otc tomorrow will ho known as usu
al BH the counting will lot tm be
gun polls until after the closing ot the
IiitertstliiR contests nra looked for
In the FJfth Sixth T ntlt anti filv
enth eongroMtonal districts anT In 1
large number of the senatorial and
ripieiontntlvfr districts I U not ex
S iiectfd however that the complex
Ion of tne Jo HlhtttrStvlII b miitorlal
ly chnnsad ThoVoeloetloil of United
Slates Senator W Murray Crane by
tll legislature lA expected
Provldnce I 7 Nov K Hoih pur
ties me today claiming victory nt the
pulls tomorrow The light for the
general rtiwcmbly has been particu
larly keen this year owing to tho fact
that a United States senator U to ba
hoten to succeed Senator Wetmore
The Republicans seem to b divided
between Mr Wctmore amid Col Sam
uel Colt while the Democratic narty
me united for Col R R Qoddard
New Haven Conn Nov 0Re
publicans ore confident of maintain
liift their majority of the last several
years antI that Cot II S Woodruff
of this city will bo elected governor
vhllt the Democrats express thorn
selves aa hopeful of success Time
Democrats expect to carry more con
Krcsslonnl districts than mat year
and to show in Increase In tho house
of representatives A greater effort
has ben hInds this > ar than over b
laws mime tu enforce the corrupt < practices
Baltimore ild Nov 1TIme congtet
slomil oanipalgn In Maryland really
closed last Saturday Today was devot
ed by the committees to preparations
for tomorrows contest The Democrats
say they are sure of tarrying the ec
on I and fourth districts while time Re
publicans declare themselves as equally
certain of winning the First Fifth and
Sixth Iloth sides claim the Third but
In the opinion of conservative politicians
dane thtt Democrats stand the greater
chance of winning
Roleluh N C Nov 5fhe election
Will be IbutJ
The theme of the inue will be
Development During 1906 and Their Prospects for 1907
The number will be iinied in colors and encloied in illuminated
iuminated covers
In conformity with ib ciwtom in the pat which Kai proved so popular with the
public the Deieret New announces the following pnxe for iti CKriitroa inue
lolowint it Chritu aue
FrstA Prize of 3000 cab for the leit Chnitmai Story autmifted
Chrst not to
exceed 8500 word abut even columni or one pajfe of the Deieret New
Second A Prize of 2500 cub for the bet ChriamM
word PrC 250 poem not to exceed 1 200
The competihoa will close on Nov 20th 1906 All itoriea and lukmifted
coeon Al poem
be tddreMed tk torc
muit the Deieret New Chrtitmai Department Salt Lake City Utah
They must be tinned with a nom de plume or a fictitious name and Cit
Iom fcttow a separate envelope
mutt be forwarded containing the real name of the author enveope
Manuicripti not accepted will be returned ou receipt of pojtacfe
J u
tomorrow will bp qulot In North Car
Iliu moot In the Eighth district time
omi test holiis botwocn IllAokburn lie
I tiubllran tho Incumbent and Hnclmt
I uemnrrat Only one stato officer cor
I poration commlMloncr will bo voter
for Till IndicatIons are that n Inrsc
I I vote Mil bp polled but Interest Is dull
I Collnbl 0 Nov 51ho day before
lpcUul found many
tCulld cnnuulRn dptechon
Stheuhimieti tin fight vontlnulnr
tlhl Ollllllnr to the
The cliilmn ot tho respective chair
men attracted attention rlleCIe npithy
which IMS made
lallo necessary an extrom
iy stieniious
el1OIS cAmpaign nime jtill riDrnr
lent timid a Mliine oft In the vote was
Kmicinliy anticipated As eompuilMiis
alllllal Al
wilt be made with the COlplllons
11 vote
mate wih for sovcrnor
IMt year when Pattlson Democrat
had ovor 4i0i0 phunllty decided Repub
Illull deditd
lican trsiiis Will be nueeflBitry tar vie
dl tory leyeuitt Demoenitlc Brewona
dNirlota were two years ago carried
by HapubllcaiH who won aloclrrled
ollle8 len I but tho Democrats ex I
irwi roiifiacure of regaining more than
the lost jrotniil
fhlingo Nov 5Since closing the
campaign on Saturday night Chair
nnui Roseiithal of tie Democratic state
coimnltkf and Chairman West of time
Republican state campaign have bushel
thPinielvfs itt securing what they say
m nn accurate forecast of Tuesdays
election estimates of time re
Hilta vnry widely Chairman Rosen
tutu claIms that the Democrats will
carry rook county by 10000 votes and
that they will certainly gain 6 to S
coiiRrosdinen Chairman West asserts
that the Republicans will mama I plur
wlty or at least 35000 in Cook county
and allowH tho Democrats one congross
man In addition tn ono they already
hat In trm Twentieth district I Is
admitted generally that the Republican
snooped Iffflslaturc Senator will elect Iullom a Republican to
Tho Independent Leaguo club clllms
tOOOO votes In Cook county while the
Drmocratlr estimate allows them 1
000 200 nnd the Republicans Rive them
S Missouni
fit Jxiuls Nov 6 Reports from arl
tiLts polntn In Missouri llidlnito unusual
activity to secure 1 full vote tomorrow
There Is scarcely n town of tiny size
that hlu not boon j
b1el vltcd > prominent
iiuti I t kin mum iiva Ic hog both of Ihr
I Oomocrit amid Itopublloan party fair
weather prevailing I IB quite piobable
that 5IlH ourl will poll a heavy vote
The Republican claim of carrying HI
Loula Is not largely contested but tin
ncmocratii feel equally euro of the
mote I
Ups Mollies Iowa Nov I Iowa will
IC HcpjbHcan by lOW pluralIty ac
cordlnp to tim proc > of the Jlo
publlcari central COO I 10 and will
BO Democratic by a plurality of be
tween 20000 and 30000 According t
limo Democratic MtlmntcH yetweon
2500fl nnd 40000 Hepubllciin IH a con
porvatlve ewthnne There Ii a ullRlit
possibility of the Democrat Kettlnc a1
I majority In cither branch ot the legU I
Uture The Fleet Second and Sixth
congrcfHlorml dlmrlcta are In doubt and
may go Democratic Considerable iii
beset Is manlfiwtcd throughout the
state nna Indications arc that the vote
tomorrow will be heavy
I optkr hutnsas Nov 51 is a scrt
ed by the orKanlzers of the different
political partle today that utmost it
fill vole Will be jrottcn to time poll
Members of tho legislature which will
select 1 United States senator are tn
bo Chosen Thin most spirited llsht II
being waged upon Gum K loch and
the Republican nominees for railway
commissioner The old soldiers how
over complain that the present Repub
lican supreme court judges have not
treated them fairly In tho matter ot
nppolntinenti Chairman Crummer ot
the Republican committee predicts the
election of Hock by 4TWO Mr Hal
ot Democrnti says W Harris for gay
ornor by 30000
Lincoln Neb Nov GHolh the He
publicans and the KuRlonUu are 111
Ins the legislature which will elect a
U S senator to succeed Senator Mil
lard The fight In many of tile legisla
tive and senatorial districts ls exceed
ingly close with time ohancos favoring
the Republican but with the Demo
crats aided by mImic of the Iopullsts
rontefltlae every lich o ground
The Indications are that Oorue L
Hlipldoti Republican will be elected
governor over cxConcreisman filial
Irnberger Fuslonlst the Republicans
dfUmliit the election of the entire
state ticket by pluralities ranging from
6000 to 16000 The vole In the cltlea
will be heavy Both parties feur how
ever that the farrneiH will stay In their
ned anti that the vote In the country
districts will be light
IeniT Nov Gfhe Republican
campaign inaiinxern are centetlng their I
llnnl effortH In un attuck upon the sen
timent which I Is believed has devel
oped in favor of the candidacy of len
J Llndacy who Is running1 Independent 11
for governor The belief U that thn
ercntur nnrtlon of the votes cast for
Llndsey wilt roin from Republicans
I dlspiitlslled with the present control nt
party fairs Chancellor Henry 1
Huchtel Republicmi candidate for gnu
I ernor was scheduled for two speeches
today the uiinotmcrnieiit stating that
Republicans Interested In the Llndsoy
movement were especially Invited I Is
predicted that at tho election tomorrow
scratching will be very heavy
Oklahoma City Oltln Nov 5Ihe
oampalsn closes today for delegates
to the constitution convention which
will convene Nov 2 6 to form a con
ttltutlon for tutu new state One hun
dred and twelve delegates will bo
elected 55 from Oklahoma and 56 I
from Indian Territory and two from
Osage county Iloth parties claim the
DistrIcts nre small nnd time election
will turn on local condition An ea
Itmate of results Is difficult
Phoenix Ariz Nov 5 Partl ans
of joint statehood have < ell their
campaign A parting shot against the
project wilt be given tonight In time
larger towns whole Republicans and
Democrats Kill hold Inn meeting
Defeat of jointure In Arizona Is ad
mlttril by l Minute of the vote In
its favor being from 11 to ZG per
cent of the total
Santa tV X t Nov rIh ap
athy on the statehood question Is very
noticeable In contrast to the bitter
ness over the fight on local ticket
It Is believed that of CO 000 voters
to 000 will be blank on statehood
Fifteen thousand will bo against state
hood mpa ot theio cast by the na
tires of northern New Mexico whim
Htnteliood will huvo 10000 majority
There la no doubt about tho feolcc
I lon of Delegate Andrews by t0000
majority and tho election of n Re i
1 IUhllciin legislature 1
San franc o Cal Nov SThe l > o
J Continued on page two
r i7 f
I r
iF Ct
With Decision of Oregon Court i I j4
In Matthews Trespass
Of tIn rotlilon Taken by the Wjoinlns V u n
Wool Growers A 4tCimutIntllre S r
parlnp to Tet ilm flatter
Sptclal to tho News
Choynne Wyo Nov SAVyomlmc
stockmn and especially GWyollnl
espedall Iheepmen
members of the Wyoming Wool j
Growers association received the de I
cision of the Oregon federal court dE 3
thi Walter Matthews forest reserve
trespass case with great Interest
wlh great Interet The
verdict of the court 1M proof of the cor 1
rectnes of tho position
Plsilon taken by the
Vyoinlng vool Growers association i
that the
of forestry of tha d
agricultural department had muu legal i4
right ot restrict sheep or cattle grot
catle grlz
Ins In the
Illhe reserve exclude livestock
from the reserved or
chnrgo a grazing
tN for the sheen and grzlng
Ibrtp enttli that were
permitted to enter the resenes The I
Wyomliiff ajsoclatlon wan preparing to i
nrnkp a test enso and
I rIA nt may do DO yet 9
Hi hiM adilr sv to the wool grancis
or r ew Mexico at grtwel
Icko Albuquerque And
lluquprCle amid
gain In his address hefoie the Moil t ug4
tnnn tnoi
tnll ool Irowets1 nnsoclallon ut He u
lemma a tel weeks ago Secretary Ocorgn t t
S Walker ot the Wyoming and POlI1
tional WOQI drowcrs asioclhtlon Lmj
pointed out that the rules 1 lonl
WI and
II rull regula
ald rellla
e I
tions of the
tonB Iht fqteiftry bureau mire Illegal
anti decide that 1 test In the courts nould P < I 1
rld 1
The probabilities are that sheep nnd jr lt
cattlemen throughout time
cuttrmen lhrouholt Ihl entire west
will now refune to keep off of the ie m 4 4J
servos and will also refuse to pay
fees Of course the bureau o forest f m S Lj 4
ry will make nn effort to have Con t
gress puss a law empowering It In tt J mI
collect fees for graying rwtrlct cattle t
anti sheep or even exclude them from
the r < ncrve but when this is attempt
ed the stock interests mmlhl lie In Con
gress with n strong wi prepared to t
j either defeat the legislation or have
incorporated such provisions ns will i
make grazing In the reserve less bur u
deiifom than nt pretfriU 1 Is lie
llrvftd tils IN opportunity the stock t i
men hnv long been wnitlne for So
far as ibm National Wool Growers na pi
I oratlon is rone < > rned J will tnko ad
vnntnjre of the findings o the federil f
can court nnd will get ni utM It they c 1 i f
New York Nov 1 A Huston peel m
to the Tribune says that picparntloni li
havo begun for the celebration nest i
year or the centennial of Andover Th P0 4
ohiRlcal seminary There arc only I J4
Httirirhta nil Inlit tele nnn hut It hat 1 a T4 1 Jl P
nn endowment of JlOwOOO RllllH pro l t i
fessors outnuTiifTllio student In tha
century Just closing however IICS stu i
dents have bet graduated a majority Ck
of them enterlVlgJfa CoiiHicgatlonnl
ministry Last jfai 001 HX snlned a
degree During lime last six years ji j
students nurv the highest enrollment
for uny one year
Now York Nov 0Juniiee 3lr i
I KHII 1 OUrlen pn > i > ldliix JuUlce it S jt
tin appellate department of the su
Jf0 court reclsned today to re 1
lun1 thn pnictlfe of tow liar 51Jj
i rt
Stanford b UlilleS Mnyrr Nt > lie Kx
1IIS ii Quid immdknt hum Mi 1
Now York Nov 5 My trial cannot I
COlt too quick for me L expect I m
quick vindication Thli was Harry
1 Thaws written teply to a query
tent to his cell today concfinilnc a rP t
Irt that he may bn put on trial this I
wick for the murder or Stanford
White itt
It Is generally believed that neither
the district attorney nor Thaws lw
jcrs are ready to go on with time CIo
Imrnediaiely t I
i I I t
oll lime fnllcil In Kxlort AIIJ Con n J f
frslon from Leopold i f 1 i1hiJ
hlII Nut 5JuJje Plncknry In th I 4 r
irinilnil couit tcnUy grunted 1 writ of i 1 I
habeas eorpui for Leonard Leopold who p t l lf
waR uintcd In Wautuii Win on thn 1 1 tI r tHe
diaipc ot rinirUorlnc Mis MnrgnrPt Ittl f tr r1 i
He The police hiive to tar bun Unable j i
tu obtain any cunfe loii from Leopold or t i r
10 prove that he muse lontifctcd with thi r
murder und hit attornoy declared that t 1 f r1t j
they ate mistreating anti attacking thi t ft i
pilsoiKr Tlia hearing on the petition was tt
set fcr i late hour today i
i itl
i W J ffe
L s Supremo Court Ullnus DocUlan II u f
I ii t ip
o Court of Cuilmi f 11l riit
Vanhlngton Nov GThe supreme court I ptJ f
of the United lObules today uftlrra d Ihs I t n a I m I 0
decision of the court of claims In his H S jtt 1
cane of Daniel ReJblrd he Cherokee na i I i l t J 1
lou mid others YD the United State p 1
known us The White Mans Case I f t pt I
The cage Involved the lonl pending 4
claim of betwetn ZM and KXu whit iij
J I1on < to participate In the distribution cdt 1 t 1
c the Und and funds of Clmokte In t Ii r i
dians beoausn a time marrtacc or whIte I t i i I
men to members of tht tribe The dod I 1 111
lion was fiuotabla to the Indians r 1 i JCi
The Indian strenuously resisted th t l I t
claim contending that they had never I i I t
by law rcoenlied right of property on I i I t
Recount o Intermarriage In pualng on I t p
the cases decided today J court of I f I
claim hold that thn tribal Illdl ur not ji I j f
ommunlril lands but that white who Il u i t t
inlred rltlznnlilp by marriage prior 1 > i i t I I v
ISTi have equal Interests u In Pms In Ki Ht
the cue of marriages Into tile tribe IKV il ft 0
that time It wait inlj that nu right of l t r f
property hud been acquired I
ICalrl except by p
thosn who had paid Into the common fund L f I 1ft
I lie sum of JWO The court uf claims 1 m S
nlxo lield that white hUfbuitd Of Chera I I in j rl
n i
kee women who IIHVO ubnndoncil their 1 l r
wives hams forr lted all rights I ClIent i rl
kee citizens Inrludlnc that of rortklpat f
Inc In thrt Mea of Cherokee landn 4 1 Jr I
Todas cllon affirmed that d clon IP
In all reap < ct > i t4 f f 1
The opinion of the supreme < urL wait i 1 t I i
handed down by Chief Justice Fuller i II
I c hl

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