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HE ARIZONA REPUBLICAN.
AN INDEPENDENT PROGRESSIVE JOURNAL TWENTY-FIFTH YKAK 8 PAGES PJIOEXIX, A1UZ0NA, .MONDAY :I01iNIX I, MAKCH 15, 1915 8 PAGES VOL. XXV. NO. 294 BEACHEY FALLS THOUSAND IN FRISCO BAY Most Daring Aviator Amer ica lias Kvcr Known is Lured Hack to Game ' "Which I Jesuits in His ' Death at Exposition .OAS TED THAT 1 1 E ( IT FLEW HIKDS Attempts to Prove Pegoud Not Only Performer of ' "Stunts." New Mono plane Crumpled as He Dipped Toward Water ' f ASSOC'IATKII rKKSS DISPATCH SAN FRANCISCO. Much 1 The spectacular career of Lincoln p.eachcy. me i.r tho most (hiring aviators, anjl I lie first Arnoiican to loop the loop, ended today "hen ill fallllig a thous and feet lit; c a bird with broken wingK, he plunged fmin the view of the multi tude nl' exhibition visitors, into San Francisco Ray. The Battleship Oregon's boat crew's iind the launches of others, immediate lv pot out grappeling hooks. An hour's work resulted in the recovery of the l.ody strapped to the machine forty feet under the surface. rvai hey was completing his seconfl flight of the fay at i:V p. m. when the accident oecured. He had electrified the crowd with hi acriu somersaulls. and sought to add an additional thrill with one of his sen Mitional perpendicular drops. The new monoplane to which he en trusted his life for the first time today, is thought to have been responsible for the fall. Reuc hey shut off the iower at an .illilude of three thousand feet and dropped head on. After a several thousand foot dive. Peachev grasped the control levers to adjust the prunes for a graceful descent as in the past. The mgs crumpled like a collapsed umbrella and the aeroplane flip-flopped Hivil'tly toward the water. norrov.lv missed a vessel at the government docks nnd ilinn ppeared. A few splintered fragments only were Keen. The body was recovered at n:flf o'clock. Peaehoy was born in Pan Francisco in UsT. In 1fnfi" he flew around the natii.nal capitol dome in a dirigible, causing a sensation in congress. In 110" lie made thousands stop work in New York itv bv fhing over the streets in a balloon. Later he was im paled on a soindle on a light house and resc ued by fishermen. Tn 1 Ml n. he tried Ms first heavier than air machine at the First Aviation Meet in America at Los Angeles. California. A year later be was pronounced a failure by Glenn Cnrtiss. He persisted, nnd in May. 1011, again electrified congress by circling the capitol in an aeroplane. He flew over over Niagara falls through the mist. In I'.l:i he announced his retirement, feeling responsible for the death of nine aviators who had attempted to imitate his stunts, but the year after. lVgoud. a Frenchman, looped the loop, and Beachey ceme forth to outdo the foreigners in starting new feats. Reachy earned a reputation long (Continued on Page Four) Lincoln Beachey And A Few Of His 2,000,000 Audience ' r Ah i 1 " - RAILROADS FIGHT TWO CENT LAW OKLAHOMA CITY, ( kla.. March 1 4. A total of ? ti.odo.tHio in refunds is involved in the Oklahoma two-cent fare cases, which will come up Monday in the federal court of the western Oklahoma district. V. S. Judge Frank Youmans of Fort Smith, who is presiding-, will hear the " idt nee of the state in support of the refund and will also hear the evidence prepared by the railroads that the car riers were entitled to the three cent rate. The hearing will con sume several months, it is ex pected, for the railroads will not abandon their position without a bitter fight: The six millions is represented in fares collected in excess of 2 cents a mile. F.xcess fare coupons are held by many thousands of people in the state. The unclaimed portion, if the re lund is allowed, will ultimately be turned into the state treas ury. The railroads will maintain that the rate of two cents a mile is confiscatory. Death, of liirdman Shock to Former Associate in Tuc son, Who Tells of Inti mate Details of Aviator's Life (Special to The epublican.) Tl'CSON. March 14. Jack Griffin, who is here arranging exhibition flights by Lloyd Thompson, (luring the southern Arizona fair was stunned lien shown the Associated I'ies.s bulletin announcing the death i.f Hcachey stunned for a moment ;.nd then mumbled "It cannot lie that Beachey is dead." "He was one of the finest fellows who ever lived and the most dar ilH; aviator in the world.'' he con tinued. ' I worked . in his office at Chicago all last year. He made two hundred thousand dollars the last four years of his flights and intend ed to marry a beautiful young girl of Los Angeles at the end of his season. He had a contract with the exposition people for two flights a week till May 3rd at two thousand flight. He was a prince and I can hardly believe he is de;il.v Griffin was probably thinking of Thompson, the only other aviator in f-.e I'nited States who does the loop the loop in an aeroplane and who he is managing and billed to re-P-at a trick which killed Beachey, here Friday. Russell Hurt f'h. cries Russell, a racing motor -(ycbst. was hurt here this afternoon when his machine became unman ageable on the new speedway while he was going fifty miles an hour. Russell ran into ruts at least four inches high which were caused by a steam roller that was working on th." track. He was unable to slow down in time and took a hard fall. When aid reached him it was found he was badly cut about the face and forehead and had sprained his right ar.kle. His first words, Don't worry; I'll be in the race Saturday just the (Continued on Page Four.) BEACHEY HAD PLANNED ID fffiifii SOON FULL TEXT- OF IDE DECISION IN LAIRD CASE Jud.i;e IJaugluiV Opinion Upholding the New Board of Pardons and Paroles is Filed in the Supreme Court GOYFKXOirS POWEK .MAY UK .MODIFIED Eaw-makinu' Brancli otdov ernment May Impose ljc strictions and Limitations on Pardoninu' Power, But X.t Usurj) It The dec-ii-dor of Judge Otis J. B.iushn of the superior court of Pinal county, upholding the new pardon board, and dismissing the petition of Knox Laird for release from the state prison on an unconditional pardon fim Gov. Hunt was filed Saturday in the eu preme court. The case on which the statute of the parole board and the free exercise of the governor's pardoning power de pends, is now pending in the supreme court. The full text of Judge Baughn's decision follows: IN TH F. SFPERIOR COFRT OF PINAL COUNTY, STATK OF ARIZONA In the matter of the Application of Knox Laird for writ of Habeas Cor pus. DECISION: This cause comes before the court on tho Application of the petitioner, Knox Laird, for a writ of Habeas Cor pus. The petition of applicant was pre sented to the Hon. T. L. Cunningham, a member of the Supreme Court, who signed the order directing that a writ of habeas corpus be issued by the Clerk of this Court, the said writ be ing directed to Robert K. Siiv.s. superin tendent of the State Prison, and made returnable before this Court. Accord ingly the writ was issued by the Clerk I on the.Sth day of March. and the said petition, order, writ, and re turn of the respondent, together with I petitioner's demurrer to the return and a stipulation, sinned by the Attorney ! General and the attorney for petition I er. that the respondent may not be required to actually produce the body ; of th petitioner before the court at j the hearing, were filed with the Clerk 'of this Court on the said Stii day of March, 1.,. Oral arguments were made to the Court on the Hth day of March, lyi"). by respective counsel and tile cause submitted to the Court for its consideration and decision. The petition of the applicant. Knox Laird, shows that he was convicted of murder and sentenced to the State Prison from Gila County to serve a term therein, of not lesss than ten years, commencing September. 3th, 1913: that on the liTith day of February, 191."), the Governor issued to him an uncon ditional and absolute pardon which he accepted: that the respondent. Robert B. Sims, refuses to recognize the said pardon, whereupon petitioner makes this application for a writ of habeas corpus to secure his Jiberty. The return of the respondent recites the facts of the applicant's conviction and sentence and states that no appli cation for a pardon having been made or referred to the Board of Pardons and Paroles as provided for in Title 21 of the Penal Code of Arizona. 191 3. and no such pardon having been recom mended by said Board, respectfully submits that the aid pardon is invalid and entitled to no recognition at his hands. Respondent admits that if said pardon is valid and effectual the im prisonment and detention of said peti tioner is illegal. To this return peti tioner demurs on the ground that the same is insufficient in law. Th? pleadings scp arely present the ( onslitutionality of Title 2 of the Pen al Code of Arizona, 1 1 3. "Pardons and Reprieves". The some being a portion of House Bill No. 1, Third Special Ses sion of the First Legislature of the Stale of Arizona, which was paused over the Governor's veto in both houses of the legislature and referredlo the people under the Referendum at . the general, election November 3rd, 1914, and wjiich Title was duly ratified and passed by a vote of the people. Title 21 of the Penal Code, supra, states section 1297 that: "The Governor has power to grant reprieves, commu tations, and pardons, after conviction, fcrr all offenses, except treason and cases of impeachment, upon such con ditions and with such restrictions and limitations as he may think proper. subject to the regulations provided in this chapter," in Sec. 3l it provides for the establishment of a Board of Pardons and paroles to consist of the State Superintendent of Public Inntruc tion, the Attorney General, and a chair man to be selected by these two. This Board, in Sec. 1302, is given power to first pass upon and recommend re prleves, commutations, paroles and pardons before the same may be grant ed by the Governor. Counsel for petitioner contends that the said Title 21 of the Penal Code of Arizona, supra, is unconstitutional as an encroachment upon the consti tutional power of the Governor to grant pardons, reprieves and commutations set out in Section 5. Article 5 of our constitution, ns follows: "The Govern (Continued on Page Eight) Wisconsin's New Governor, Who Rose From Poverty To Riches, Forgets Private Affairs While He Runs State (Special to The Republican. i MILW'AFKKE. Wis., March' 14. In atitude to the state in which he gratitude to th found it possible to rise unaided from a penniless country telegraph operator to the possessor of a private fortune of half a million dollars, Emanuel L. Philipp, Wisconsin's new governor, has abandoned his private business to give two years of his life to his native state at a financial loss to himself. Thirty years to the day on which he became a train dispatcher at Mad- Emanuel L. Philipp. ison. the state capital, Mr. Philipp returned to be inaugurated as gov ernor. For two years lie will nut only abandon his own money-making busi ness, but will spend the $r0nn a year salary allowed the governor by the state and SKi.oOO a year of his pri- STYLE S OF SPRING'S DICTATES All -'- Phoenir- Pows- Down Before Dame Fashion To-j day, When She Will Visit Shops 'Mid Costly Xew Trappings Style and Fashion will reign in Phoe nix today, occupying the undivided at tention of thousands. For it is the oc casion of the first Spring Style and Fashion Show, an effort on the part of the shorw to bring their latest things to prominence before the public. Ev- erybodv wiil be a shopper today. It is estimated by the committee in barge, that ten thousand or more will file through the decorated stores, glimpsing what the spring of 1915 will offer. Dress, both for ladies and gen tlemen will be on "display. t'nlike last autumn's show, there will be no parade of late model shiny new automobiles. The dealers in motor rs have decided to defer introducing Model 'l.'i until a week from tomorrow, when the Second Automobile Industrial show will be lliwrage. In order to give out of tow n shoppers nn opportunitv to view the wares, the shops will be kept open for visitors i....: .i e e ii. ... co.ing cue .""......- "'! 00. In the evening the hours will be 30 to nine. Many of the stores will entertain their patrons with little musical pro grams. It is whispered about that the sweet-voiced negro cpiartet has been engaged to make the rounds of some of the shops, disposing minstrel melo dies to the guests. Of course, it wouldn't he a surprise, if all the odd "diddings" were to be revealed before hand, so the chief fea tures of the day's program have been kept cjuiet. There will be a great deal of rivalry between this window trim- er and that, with the result that the shop displays are sure to be dazzling. A holiday air will prevail, and folk will act as though it were some huge cplebrat ion. FATE OF CONDEMNED MEN TO COME BEFORE PARDON BOARD TODAY With the date set for their execu tion only four days away, five pri soners sentenced to hang next Friday are anxiously awaiting the action 'of the new board of pardons and paroles which meets at Florence this morning to act on their applications for clemency. " Although it is possible that some final action on. the cases of the five men may be taken today, it is gener ally believed that the new pardon board will recommend a short reprieve for the condemned men pending a de cision by the supreme court in the Knox Laird case, which involves de termination by the state's highest tri bunal of the status of the new parole board. While an early decision in the case is expected. It has been pointed out that the board has no assurance it will be rendered before iS A1' ' , 1 vate fortune in making' V' what conservative republican. He was one he declares is the greatest V xifij,n return he should give to the state life. 0ICJ s of his time and ability. With a career as business doctor FROM LOG CABIX TO Born March 25. IStil, on a Wisconsin farm, in a log house, just be fore his father enlisted for civil war service. Educated in the district schools. At 6 years he drove the oxen while his father held the plow. At 12 years he was a farm laborer. After attending country school he became; a country school master at the age of IS. . With money earned at teaching he studied telegraphy, and in 1S81 was made station agent at La Yalle, Wis., on the Chicago & Nortuwest ern railroad. In 1SS2 he. was made train dispatcher on his division. In 1!sm he was made freight agent at .Milwaukee, and later went to the Gould lines as freight dispatcher. He conceived an idea for the better handling of refrigerator cars, but while this idea was incubating founded a town, named Philipp, in Mississippi, where lie was in charge of a lumber plant. While serving in .Mississippi be worked out his refrigerator car idea, and became president of the I'nion Refrigerator Transit company of St. Louis and Kentucky. In 11103 he bought this company, and . organized a similar company in Wisconsin under the same name, of which he is president and prin cipal stockholder today. Since 1903 he has returned to the farm as a side issue, and has de veloped and is successfully operating a practical dairy farm. In January, ll'l.". he was inaugurated governor and tinned over tc his associates his private business for two years. I ! in which every case was a success, pie has turned in to doctor up the I financial affairs of the the state, j whose expenses have grown ctior ! mously in the last twenty years, from ian annual expenditure of $4,000,000 a iyear in I'.ioO to $18,0oci.oiifi a year in jl9l4. While he has doctored big pri I vate businesses, he has never yet i tackled so huge a problem as this. He says that he is doing this work as a patriotic duty as a private citi I zen of Wisconsin he made a fortune 'in this state, and now he believes that LARGE APPROPRIATION BUT DEFICIT PROBABLE WASHINGTON, March 14. The statements of chairman Fitzgerald of the house appropriation commit tee and representative -Gillette Re publican, agree the last session of congress appropriations amount to $1.111.121. 409. A treasury deficit is probaole and that the tariff will not be responsible. Fitzgerald says. Hope Of Tdwnr Blasted When j Family Moves ASSOCIATED PBESS DISPATCH I H Mh.AU, Jxarcn M. J.ue pop- ulation of. South Whitley, near here, was de -reased considerable and the hope of the village that it might be come :i regular city in time, was blast ed for tire moment with the departure j for the west of the Frank Scott fam - ily. Although married only ten years, Otlicials tranKly confess their m Mr. and Mrs. Scott have been the par-'ability to understand the underlying ents of nineteen children, thirteen of principles of the British action, which whom are living, all sons, all under is expected to result in further em the age of five, and therefore entitled barrassment to American trade, under railroad rates to free transporta- i Already the list of commodities an tion. j pounced by the British government Five sets of tripletts have been born c as contraband begins to compare re- I to the Scotts. They declared before thejr (,pp.lrtllI.e they h,(I,pd to fim, suitable home for their entire tamily, however, large it might become, some where in Oklahoma or Kansas. o AGAINST NEUTRALITY f ASSOCIATED PRESS DISPATCH ATHF.NS, March 14 Former Pre- i mier v emzeios nas nntiea en 10 t pi .... . . , ity and has urged an opportunity fur Greece, to ouadrtiple herself. SUGAR ABOUT ONLY FOOD HOT DOUBLED IN PRICE IN ITALY VENICE, March 14. In connection with the doubling in price of many i'lticles of food, announcement is made that sugar, thanks to the beet product, has risen very little. It now costs eight or nine cents a pound which is only half a cent more than I before the war. Bread has gone up considerobly and now costs from eight to twelve cents for two pound loaves. The quality leaves much to be desired, as it is only fifty per (cent flour. The remainder is a mix ture of meals made from corn, barley and potatoes. The Vienna bakers, famous for their excellent bread, do not seem to have learned how to mix these in gredients advantageously. Peiroieum is quoted at 80 cents a gallon, whereas, it cost 20 cents last July. Soft coal his risen to ten dollars a ton and it is difficult to ob tain at any price. Next to her efforts in the field of war Austria Hungary is now devel the date set for hanging the five prisoners. "It is impossible to say what ac tion the board will take until we get together and talk the situation over," said Attorney tSeneral Wiley E. Jones last night. The members of the board will go to Florence this morn ing. The condemned men whose re prieves expire Friday are X. B. Cha vez, Eduardo Perez, F. Rodrigues, M. Peralta and Ramon Villalobo, r - Governor Philipp is a GOVERNOR'S CHAIR i of the first supporters of Senator j, , l.,,.,, .,,,,1 focfest OeV La Follette and gave his cause both!111 Jal-(S1: ,m" I,lsu 'eI time and money. In 1902 however, hejlltan imdel'-Watei craft, had joined the opposition to the senator iw.(.,iticfnl flifCH ia' off and has since opposed him. SIKMSSHU llllt e Ud S Oil He never was a candidate for orfice Scillv aild tile English I'hau before. Now he could command a , i ' ,. vrpi,.i.- big salary if he sought it. Instead W re Oil J ImiSUn , he is taking one which will not pay Friday 311(1 Saturday She his expenses to demonstrate his fio,,: four British steamers. theory that every man should be willing to sacrifice his own interests for the public good. NOT PLEASE U.S. ADDITIONS TO CONTRABAND DO ! i iSewsnt Considerable Ad- . , , , i l' vmv much faster than sim- ditions to Alreadv ror- ., Ai i i A . i ii T , - tV jiilar craft thev had met. lnidable List is Received i D .. .... ... . Big liners pass scilly on their nay ltll Surprise by the aorons the Atlantic, hence there is St'itii Di-iiiii'tmr-nt' ' much uneasiness in shipping circles. A ntrttc in Welt tint ill (wireless report reached an American j j WASHINGTON, March 14. News 'of considerable additions, including : oi consiueia:jce aouiiions, iiicucuiii i copper, to the already formidable list ' of contraband laid dow n by the Brit- ish government was received with surprise by the state department. ( if. filial notic? of the order-in-council j has not yet reached the department. I spectably in length with the Amer- ajkan t:iriff a(.t and includes many staples. never before regarded as conditional contraband. The addi tion of cottonseed oil to the condi tional contraband list, coming on top of the difficulties placed in the way to free the export of cotton from the Fnited States is looked upon as particularly irritating be- clause assurances had been received ' riy in tne war frr1" Great Britain ' (Continued on Page Four) oping her greatest L.forts to agricul ture. In announcement put out by the government on the subject of labor Su.vs: "If wt can obtain sufficient labor the next harvest is assured." The war having robbed the country of most of its able-bodied men, tens of thousands of boys and girls have (Continued on Page Three) Crew Given Ten Minutes To Leave Their Vessel (Associated BORDELTX, March 14. The steamer Auguste IConzil, Cardiff to liouen, with coal, was torpedoed off uevon, .England, on Ihursday. Her crew ot twenty eight was rescued. The Auguste C0117.il was sunk by the German sub marine U-'J!. The crew was given ten minutes to leave their ship, and she was then destroyed by bombs. The Gorman commander said he left Cuxhaven six days be fore and would return, and that another submarine would take his place. The crew was brought to Fal mouth, England, by the Danish steamer Excellence Pieske. BIG S1AIIE SINKS FIVE AND DAI6ES THREE The r-i!), One of the Larg est and Fastest German Under-water Craft, Has Successful Three Days in English Channel FOUR BRITISHERS GO TO BOTTOM One French Ship is Also Sunk Commander Gives Crews Time to Take' to Lifeboats and Gives Tow to Some (Associated Press Dispatch) LONDON, March 14. The submarine U-29, one of ' - one Frenchman, and dam aged three others. The German commander gave the crews of most of the steamers time to leave their vessels, and in some cases he towed the ships' lifeboats with crews to pass ing steamers which brought them to port. The U-29, chased by pa trol boats, was too elusive and, the steamers trying to Li, 4.nwl 4l- .iiliiini . j liner and others, that some liner had been sunk. It is believed the report arose from the sinking of the Andalu- sian. The British fleet have more than ! evened up matters for the loes or tile , steamers by a victory at Neuve Chap elle, and the defeat yesterday of Ger mans trying to recover ground gained by the British. The British airmen are active, and destroyed a train at Don, near Lille. The Belgian army continues to gain a little ground in the bend of the river Yser. The Germans again bombarded Ypres. Soisons and nheims, the catllcd rals suffering further damage in the two towns. Fighting is on in Cham pagne. Argonne and the Vesges. The French have occupied Ember menil on the border Lorraine. From the war zone news is scarce. Tho Geiman and Russian armies re con centrating for a big battle around Prza snysz. but are not yet in touch. There is outpost fighting only. The magnitude of the English vic tory at Neuve Chappelle in northern France last week continues to grow, as evidenced by the statement of the . British war office that in three days fighting the German losses are not short of 1 0.O00. with prisoners taken numbering 1720. John Redmond. Irish leader, in h speech at Manchester, said a quar ter of a million Irishmen have Join ed the colors, with more ready and that Ireland has been admitted to a proper place in the British empire "with perfect faith and loyalty," and that in "fighting for the emoire the Irishmen are fighting for Ire land." Advices from Sofia state that the archives at Constantinople have been packed for removal to Fski She Hr. Asia Minor, which may become the new Ottomoan capital. The hombardmen of the Smyrna forts in the Dardanelles continues when weather permits. Reports from Athens say the superdreadnaught (Continued on Page Four) Press Dispatch)