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TRAIN ARRIVALS No. I 8. !5p . m. No. 4- o p. m. -No. 7 p. m. No. 8 ;NV m. WEATHER FORECAST Denver. Colo., Dec. 13 Fair tisIgM mil Saturday. . fK WE; GT THE NEWS FIRST" No. o II., m lit, in VOLUME 2t FIGHT FOR C0NTk0F ILLINOIS CENTRAL IN WMTEJEAT Fish Says That If Given Prox. Tes He Will OustHarrlman From Directorate of Road. FlltS SCAliffi AFFIDAVIT BEFORE SUPERIOR COURT Contesses That He and Harrlman and Peabody Used Company's Funds or Loaned Them to Companies They Were Interested In. Chicago, Dec. IS. "If I obtain a majority of the proxies to ba voted at the annual meeting of the Illinois Central, I shall depose E. H. Harrl man as a director, declared Stuy vtsant Flch tn an affidavit filed to day before the superior court. Fish also declared in the affidavit. "To everybody in the country, the removal of such an andlvldual as Harrlman Is shown to be. would be a welcome sign of tha returning of morality In the management of the great corporations of the country." Fish reiterated his statement that Harrlman Is seeking to control the Illinois Central In Interest of the ' Union Pacific. He declared that he had been a benefactor of J. T. Harahan, now president of the Illinois Central, and asserts that he saved Harahan from dismissal several years ago, when Hnrrinian and George A. Peabody declared Harahan had outlived his usefulness to the company. In regard to loans Fih . declares that since 1877 it has been the cus tom of the railroad to loan Idle funds to officers of railroads or firms of which they were members. He In sist! that both Harrlman and Pea body have taken advantage of this custom, and declares that all his own loans were recorded on the books of the comppny and that the collateral wiiifii secured them ws good. After leading Flch's affidavit, for tnal arguments against making a permanent Injunction obtained last October by Fish restraining the vot ing of stock held by the. Union Pa cine and the Railroad Securities com pany, was commenced. The proceedings were commenced yesterday by the presentation by the atorneys of K. H. Harrlman of a long affidavit, signed by Mr. Harrl man. Robert W. Goelel and Charles A. Peabody. In the affidavit It was act forth that Mr. FIhI. was not re elected president of the company be cause of alleged misconduct In office and alleged misapplication of the funds of the company. Ouilm Right Under Law. It was also declared in the affidavit that, under the laws of Illinois, the Union IVciflc railroad company has the right to vote all stock owned Dy it at the annual meeiing of Decem ber IS. Mr. Harrlman and the olhei mak ers of the affidavit deny that they caused the defeat of Mr. Fish as president of the railroad because he refused to yield the control of the Illinois Centrol to the Union Pacific. Jt Is also denied that J. T. Hara han. now president of the company. Is under the domination of Mr. Har rlman. The statement which has been made that Mr. Harrlman and the Union Pacific railroad company have sought to control the Illinois Central la also denied. It is charged In the Harrlman affi davits that Mr. Fish had made com mon cause with the Missouri Pacific one of the strongest competitors of the Illinois Central. It is declared also that he seeks to control the Illi nois Central for his own personal nroflt. The affidavit gives the folowlng reasons why Its makers refuse to vote for the election of Mr. Fish: , "Berau.se, in the Judgment of the director. Mr. Fish has In the past misused and misapplied the funds of th Illinois Central. "Because he would have It In his mower as president to control the funds of the railroad company to the inturv of the railroad. liecause he attempted to manage t, railroad company in dit-regara o the authority of ihe board of d'rec tors." 1 liiraliHii'M Etliclency. tt iinx further stated in the affi i hut the solo reason for elect (no- Mr U:irahan president of the Illinois Central wm because of his efficient management. Denial is made by the Union Pa -iiii railroad coini-any that it own o,,,.ir in other transportation com ..oi..a f.ir iVu! nurimse of controlling them The allldavits declared that "Mr Fish in advertising for proxies has faUely claimed that he was de nied re-election because he insisted upon the independence of the Illinois Central: and It is further claimed that while Mr. Fi.h I seeking to pre vent the voting of stock neia ny in I'ninn vi. railroad company an i ho Moiirr.o.1 securities company, h has often voted that Block himself. COl'ltT VALVES LIFE AT 4 HOO; I.EG AT 10,000 vi- VorVr rw 13. A boy's life is" worth IS00. but a boy's leg is worth 110.000, according to two ver jui. k.nn.hi in In the auoremi court here yerterd-ay. In one part of the court Judge Sheehan, whose 13-year-old eon was killed In a runaway nccl.lent, was awarded S00 damage iuid In another purt a Jury awarded S10.000 ' to Arthur Oemeuts, a 10-year-old boy. who lot a leg through being run over by a trolley car. SHOWS THAT LOST LIVES Of These. But 320 Bodies Have Been Recovered Explorations Have Been Stopped. JURY FIXES BLAME FOR NAOMI EXPLOSION Use of Electric Wires and Open Lamps In Return Air Cur rents Are Condemned- Present Laws Enforced Would Protect More. IMonongah, W. V., Dec. 13. State Mine Inspector Paul is making a thorough examination of mines Nos. and 8 at Fairmont today, and until he concludes his Investigation all other work in the mines will be suspended. The explorations were stopped last night, when 310 bodies had been re covered. . A house to house census made by the company shows 838 men were missing, and it is believed this num ber covers approximately all the killed. ELIXT1UC WIRES CAUSED EXPIjOSION. Belle Vernon, Pa., Dec. 13. The coroner's Jury, which investigated the explosion In the Naomi mine oi the United mates Coal company at Fayette City, Pa., which resulted in the death of thirty-four miners, found that gas had accumulated from Insufficient ventilation and was ignited by sparks from electrical wires or by an open light, and con demns the use of electric wires on return air currents and the use of niwn llirhts. The Jury recommends that with such amendments to the mining laws Ufa will be better protected ana also recommended a rigid enforcement oi the present laws. CONFEDERATE OONT.RESS- ilXS PASSES A WW Nashville, Tenn., Deo. IS.. Col. A. Pt nnlvar. a distinguished Jurist, statesman and autnor, aiea at nis home here today at the age of o years. He was a member of the con federate congress. CHICAGO MAN FAVORS GOVERNMENTAL BANK Says the Trouble Now Is the Lack of Legal Pro vision. K'hlcairo. Dec. 13. George E. Rob erts, a former director of the United States mint, now presiaent or tne Commercial National Bank of Chi cago, in addressing the Men's Club of St. Lukes cnurcn oi juvanston last night announced that he was heartily In favor of establishment of a central, governmental bank. Mr, Roberts placed the blame for the present panic upon tne lack or legal provision for a sudden increase in the supply of currency. . LONGWORTH IS MUCH BETTER TODAY Washington. D. C Dec. 13. Sur geon General 'Hlxey after visiting Mrs. Long worth this morning, statea that she had passed a good night and was in excellent condition foi lowing the operation for appendlcitl of yesterday. COM SUTTEES ON RII.ES AMI MILEAGE APPOINTED Washington. Dec. 13. Spoake Cannon, during tin elght-mlnute ses sion of the house yesterday nn nounced the appointments of the fol lowing committees: n Kules The speaker, Mr. Dal zell (republican), Pennsylvania: Mr. Sherman (republican). New ' York; John .Sharp Williams (democrat), Mississippi; Mr. DeArmond (demo crat ), Missouri. On Mileage Mr. Brumm (republi can), Pennsylvania; Mr. Kennedy, (republican), Louisiana; A. D. James (republican), Kentucky; Mr. Lewis (democrat), Georgia; Mj Denver (democrat), Ohio. The. hous adjourned until Mon day. COKTELYOU SAYS HE WILL .NOT RESIGN. Washington. D. C, Dec. 13. In answer to the anthentleity of the re port which became current here to day that Secretary Cortelyou was about to resign from the cabinet, the secretary's sole comment was: "That l another lie. A MbMourtan l-al at 102. St. Joseph. Mo.. Dec. IS. Joseph Henaley, 102 years old, farmer of Helena, Mo., died or heart oiseane to day. He was a native of Oermany. His widow, 100 years old, and nine children survive him. 338 MEN IN MINE ALBUQUERQUE. NEW MEXICO. Fit I DAY EVENING. DECEMBER "" 1 Ifl, j I II illMllill t M C MAJORITY IN BOTH HOUSES ARE TOR STATEHOOD Hon. Solomon Luna. National Committeeman. Returns with Cheering News. PRESIDENT AS MUCH IN RACE AS EVER Hon. Solomon Luna, national com mitteeman from New Mexico, re turned today from Washington and other eastern points, after attending the national republican convention and viewing the statehood shunt Ion at close Quarters. - "We have a' majority In both the house and the senate." sa'd-' Mr. Luna to a Cltlaen reporter, a few minutes after he had stepped from the train. "There Is a strong sentiment among the members of congress for the ad mission of this territory to statehood and it is dally gaining ground. "Congress Is very busy It has many important matters to consider so 1 can not now predict when we will secure a consideration of the statehood bill. However, statehood prospects are good." When asked concerning the an nouncement of the president that he would not consider a third term nomination, Mr. Luna said: "I do not consider that the state ment by the president changes the conditions greatly. The president is Just as much a third term possibility as ever In my. estimation. However, he evidently does not Intend to ac cept a third term nomination, even If an effort is made to force it upon him. 6entlment is very strong for Koosevelt for another term but It is too early in the game to say what the convention will do. If the presi dent would consent to run, I feel cer tain that he would be nominated, but it apepars that his determination has not been shaken In the least since the night of his election when he said he would not again be a can didate." As a number of democratic papers In Arizona have been trying to make capital out of the fact that the- call for the republican national conven tion only gives New Mexico and Ari zona two delegates each, Mr. Luna was atked for an authorative state ment concerning this feature of the call. He replied substantially as he was quoted by this paper the day following the Issuing of the call. Mr. Luna said: "It has been customary to Issue the call for only two delegates from New Mexico and Arizona. However, the usual number of six delegates from ech of these territories will be jfeated by the convention as in the past. There Is no disposition and there was no attempt on the part of the central committee to have It oth erwise. The Arlzonlans have been so notified. New Mexico will fend six delegates as before." Mr. Luna said that financial con ditions in the east were showing marked improvement. There is much I .'peculation in Washington as to wnat action congress will take on the money question. There are over thirty bills of more or less merit already introduced and it is understood a number of others are being prepared. It appears to be the disposition of the congressmen to give the money question the closest crutiny before any action is taken in order that when legislation is enacted it may be very effective. Mr. Luna will remain In Albu querque for several days and will probably meet Governor Curry on his arrival here tomorrow. SCHOOL TEACHER INTO A CISTERN St. Joseph, Dec. 13. Mi Ai.c-s Canon, 20 years old, a teacher in the Stlenacker school, commttteJ suicide this afternoon by Jumping Into a cistern. She was a daughter of Thos. Canno, a democratic politician. Miss Cannon recently was granted leave of absence from her work, owing to 111 health and she Is believed to have been temporarily deranged. THE COUNTRY'S LATEST PUZZLE L CASES WILL SETTLED OUT OF COURT BE Indictments Were Founded Up on the Merest Technical Violations. SPECIAL ATTORNEYS WILL RETURN TO WASHINGTON Santa Fe,. Dec, 13. (Special) it Is said that as a result of the re cent visit or Fnlted States Solicitor General Hoyt to New Mexico and an Investigation made by him, all the suits brought by the United states against th "" "r; Ivaniu Development Company, . 'i rs " I el.y & Co., tile American Lunv-twr company, the Ala mogordo Lumber company and Clark M. Carr, to recover territorial timber land, alleged to have heen fraudent ly acquired, will be settled out of court u'-d that the -special United Sinies auorne; ", who engineered the bringing of the Indictment, a e pre paring to return to Washington bag and baggage. oll Itor General Hoyt made a per sonal Investigation of the cases on the direction of President Roobevelt and found that the Indictments were founded utn the merest' technical violations with no criminal Intent. In a few cases, and no grounds what ever in other of the so-called frauds. liS. W. PIRK DIES . AT ST. JOSEPH. HO. Ht. Joseph. Dec. 13. Major Thom as W. Plrk, for many years a prom inent democratic politician in Mis souri, newspaper man and confeder ate veteran, is dead at his home in Platte City, aged 65. Plrk was chief of the Picks Kureau of the Louisiana Purchase Kxpositlon. N'O KM AN HOSE. Thf above picture Is a good 4 4 likeness of Norman Hose, a 4 clever newspaper correspond- e ent, who at the last minute ha been permitted to accompany the big fleet to the Pacific. e Norm.m Hose will write a daily 4 log together with a s-ries of in- te resting news ntories for the if newspaper association, of which t e The Citizen is a member. This paper will receive the full re- e ports from the association as wrliten by Mr. hose and they will be exclusive in this terrl- e tory and supplementary to the e regular dally news of the Asso- f elated Press. In this manner The Citizen will be In position e to furnish dally, the most accu 4 rate news stories of any paper A 4 in the southwest on the big fleet 4 4 in which every American is tak- 4 4 Ing an artlve Interest. 4 f iitrtiiitfftiiTit W ' ) PRESIDENT VILL REVIEW GREAT FLEET ON Officers Will be Entertained With Ball at Chamberlain Hotel Tonight. FOOTBALL CHAMPIONSHIP WILL BE DECIDED Old Point Comfort, Va., Dec. 13. Admirals of four divisions and cap tains of sixteen battleships of ' tjte Pacific bound fleet ara busy today arranging the last details for preal dontra! review, which wiy take place Monday morning and will jiiecede the departure of the vessels. A grand ball at the Chamberlain hotel tonight is to be the last shore entertainment for the officers of the fleet. Tomorrow afternoon the root bull teams of the Vermont and ,the Kausaa meet to decide the champion hip of the fleet and In the evenlhf Admiral Evans and the officers of the flagship entertain on board that ahla The reception will be followed by dancing on deck. Milrwi AIiimm n'aIy to Sail. The last vacant berth in the im posing double line of Pacific-bound battleships was filled yesterday af ternoon, when the heavily armored Minnesota, flagship of Rear Admiral Thomas, steamed ' Into Hampton Hoasd and took her place at head of tho outward column. The Mlnne sota U the ranking member of the eeond squadron, and Admiral Thorn as who commands this squadron has duties and responsibilities second only to those of the commanaer-in thief. Hear Admiral Evans. The size and dignity of the flee thnt Is to carry the nag through the Magellan t traits and add such an im nortant new chapter to American naval history is best emphasized by the fact that no less than four rear admirals are In command. The battle at Santiago found commodore and a captain tempor arlly assigned to flag rank as the commanding officers of the American forces. Dewey sailed into Manila buv as a commodore. It was nearly 3 o'clock yesterday afternoon when, looking spick and tan. the Minnesota slipped noise lefsly by the guns of Fort Monroe and let go her ancnors in tne roaa stead Just opposite tne Connecticut. fine of the most Interesting Item in the list of accumulating supplle Is an evidence of the sweet tooth o the sailorman. Great boxes of taffy and other candles were piled upon ihe dock today, consigned to various nhlps. They aro to be placed in wha the sailors now call the "denatured cunteen." It is a tribute to the thoughtful solicitude of the government for the wants of the men that in one of the supply vessels IS, 000 pounds of high grutle Cliocniaie uon uous ituve ueen stored. This is to be urawn upon in ix-e the canteen candles on ship are exhausted before the cruii-e ends. IA FOLLETTE AFTER NEBRASKA DELEGATION Lincoln. Neb., Dec. 13. .Friends of Senator LaKollette today began the tight for the Nebraska delegation to i ha next reDublican convention. It I ar, miini.a.l rAnrMtfln t A 1 1 VM nf T .Jl Kolletle will come to Nebraska in a few days to assist In turning the . 1 . . 1 . . r , . . .1 f rAin lh. .UTA Uhrfl KefOir- ed the Indorsement at the last state convention. EMPEROR WTLIJAM VISITS QUEEN WILHEUMENA Amsterdam, Dec. IS. Emperor William of Germany "arrived here from England and was cordially itreeted by Uueen WUhelmena. Th royal couple appeared on the hal cony at the paiace ana were give an ovation by tne assemDiea tnrong. VS. 1907. THREE MEN COMMIT A DARING ROBBERY II Walked Into Bank' and Told Cashier to Give Them All Gash That Was in Sight. OUT OF T011 Jump In Buggy With $3,000 and Drive Away Telling Bank Offi cers Good Bye-Audacity of Highwaymen Unexcelled Even by James Boys. Bprlngfleld, Mo., Dec. 13. Two highwaymen entered the Bank of Al- drtch at Aldrlch, a small ptuce near here late yesterday afternoon and at the point of rifles, forced the cash ier, James Vaughn, and the vice president, Mr. zettolaon to hand over 13.000 In cash. . , Joining a third fobber outside the bank, they forced the two bank of ficials to walk ahead of them sever al blocks to the outskirts of the town. There the robbers entered a buggy and drove away. Posses are in pursuit but the roD- bera secured three hours start. . Cool and Deliberate. The robbery was one of the. most cool and deliberate holdups ever committed in the state of Missouri, the pioneer and daring work of the James boys not excepted. The three men were dressed like laborers and walked into the city in such a way as to attract no comment. The men proceeded directly to the bank and one remained on the out side to keep watch, while two went in the bank and got tne money, ino display, of fire arms was made until both roDDers reacnea tne c&smer s window. Lifting their weapons above the railing, tme of them quietly told the cashier to hand them what money was m sight. The counting befora closing was Just begun and the money, gold, silver and currency waa laid out convenient. Got Pig Start. One of the robbers won", laslde whll the other remained or the out side and kept the bankers covered. Phaclng the money In sight in a sac the bankers were told to walk in front and they would not be hurt, but at any sign of outcry they would be instantly shot. Joining the third man, they told the bankers to "step up." A buggy was standing; Just out side the business part of the town. Jumping Into It the robhers drove quickly away, telling the bankers good-bye. Vaughn and Zettlewm hurried back Into town and gave the alarm but It was three hours before mounts and tum could be found for a sufficient number of men to form a posso large enough to follow the robbers. It Is believed that the robbers had sad die horses farther on. CHICAGO NECRO HUNG FOR MURDER Black ClUnlied Through Window uf Kindergarten Teacher and btranglod Her. Chicago, III., Dec. 13. Richard Walton, colored, hanged here today tor the murder of Mrs. Louise Grant (white), last September. The mur der was committed for robbery Walton climbed through the window In Mrs. Grant's apartments and strangled her. He stole her Jewelry, some of which he gave to a colored woman and It was through this that he was finally traced. Mrs. Grant was a kindergarten teacher and highly respected. CHILD KIDNAPPED IN CHICAGO IS RECOVERED Man uml Woman Giving Tluir N'uiim'n hs Mr. anil Mm Jolun Wcro tlio t'mrtoii. Kankakee. III.. Dec. 13. Little Lillian WoltT. who was kidnaped In Chicago last Saturday, was recovered today five miles south or Momence ten miles east of here. The man and woman, who were her captors, were arrested and gave their names a.s Mr. and Mrs. Wm. Jones, but refu.-ej to discuss the kid naping. 'J'tiey declared they picked her up on the streets of Chicago, put her In their wagon and drove away. HAVE FOUR SETS OF PLANS FOR ARMORY Adjutant General A. P. Tarking- ton arrived this afternoon from eun tao Ke and at 4 o'clock went into conference with the convention hall committee at the Commercial club on the subject of an armory for Aibu queruue that would be adapted to conventions and at the same time meet the requirements of the New Mexico militia. Pour sets of plans have been sub mitted for the new armory and theae will be gone over by the committee and Adjutant General Tarkinglon this afternoon. NUMBER 209 ORCHARD CONTINUES TO TELL OF HIS LIFE OF CRIME Says That He Was Allowed to Remain In a Hotel First Night After His Arrest. , HE SAID THAilE GOT $4,000 FROM fEOfRAE! The Murderer AH But Broke Down When Victims are Mentloned Assassln Is Especially Af fected When Vindicator Killed are Spoken of. Bolse, Idaho, Dec. 13. Harry Or chard concluded his direct testimony '.n the Pettlbone trial this mornlnf with a narration of hla arrest: lnv prisonment and his confession. He said that he was placed under ar rest after the murder of ex-Governor Steunenberg by Sheriff Nichols, but was allowed to remain In a hotel un til the following day, when he was placed In Jail. - In tha- meantime! lie uM that i destroyed the letters he haf on his person, Including one from Jack tSlmpklns and one from Pettlbone. Orchard said he received one letter rrom Pettlbone arter hie arrest, but It was not signed, lie was shown a copy of a letter and identified it but It was not in troduced in evidence at that time. The witness then told of the pre liminary hearing, at which he was bound over and of his conversation with Jfred Miller, his attorney in re gard to compensation for his ser vices. The defense objected to the Intro duction of this as evidence but the court admitted It. Orchard said ha gave Miller an order on Pettlbone to pay the attorney all the money ha had coming to him. tm-nam wu Nearly overcome. Orchard was asked tiy Hawley how much money he had received from the Federation at various times and he mid it was between $3,M' and 4,000. Orchard all but broke down when Hawiey asked, if he had any per sonal enmity against his victims, naming them one by one, and In each ca.e he said he had none. He was especially effected when he was asked concerning MoCormack and Perk, killed at the Vindicator mine, of whom he said he thought a great deal. IS QUIET AT GOLOFIELO Mine Owners Say Kitroe Working I Largtr Ttuut Yesterday. Goldneld, Dec. 13. That the num ber of men working on the Consoli dated and Mohawk properties today Is greater than yesterday as claimed Dy the Mine Owners Association this morning. No strike breakers have arrived as yet, though a trainload is looked for later in the day. There U no excitement. After an attempt to resume work at the Mohawk combination mine this morning the management decid ed that not enough men had appear ed for work and gave up the at tempt. This leaves the Consolidat ed the only mine working in the camp and the most of the men ara above ground. About the same number of men are there as yester day. It was announced today as a con cession to the union miners by the employes association, the card sys tem is to be abandoned and old men are permitted to go back to work whether they renounce the Federa tion Or not. OFFICERS WARNED TO TAliK NO fclOES. Goldfleld. Nev., Dec. 13. presl-. dent Roosevelt's communication from Washington to Colonel Alfred Rey nolds, In command of the federal troops at Goldlleld. to the effeot that he must take no sides in the labor trouble and to interfere with no per son unless such course is necessary to protect life after violence has been committed, which was posted in consplcluous places throughout the city by direction of the presi dent, but a different complexion on the situation here. This, coupled witn the fact that General Eunslon is In Goldfleld to view the situation and report to "Washington il caused a complete change In the program of the mina operators, who had hoped to be able, through Governor Sparks, to have martial law declared In Goldfleld, last night. STATE OK IOW A 1 1. 1, SOO.V HE DRY. ALKO. lies Moines. Iowa, Dec. 13. H. W. liver. Httorney general, notified tha county attorneys In every county in loua totiay that he will Insist on a strict enforcement of the Martin nml'-t prohibitory laws. His order apply to those cities and towns In . .. w .lirh no not live up to th. doling l.i w. m Vlk I fl II 4'I1.'IV : 71 A I'-llll. ...... Queenstown, Dec. 13. The Norwe gian bark Alert, which sailed from. New York, November 37. for Goth enburg, Sweden, was abandoned at sea December t. Its crew was res cued by the American line steamer PrieslanJ. which arrived here today.