Newspaper Page Text
No. 1 8.20 p. m.
No.' 3 ,7 p. m.
No. 7 io 45 P m.
No. 88.45 p. m.
No. 9 11.55 P m-
Denver, CjIo., Dec. 17. Tmlgbl fair,
colder southeast portion. Wednesday
'WE GET TH NKTWS FIRST"
ALBUQUERQUE. NEW MEXICO. TUESDAY EVENING. DECEMBER 17. 1907.
GOVERNOR WILL MEETlGOLDFIELD REDUCTION
THERE THEY GO
WITH BOARD OF WWORKS RESUME
GIVEN BODY BLOW
Full Attendance Desired To
morrow Afternoon at 4:30
OClocK, When Final
Plans Will be Made.
RATIONAL ttATION ' '
CONGRESSiD BIG FAIR
Important Statehood Conference
at Alvarado Hotel at 2:30--Many
Prominent New Mexicans
Coming to Attend
4 llusy Dajr Tomorrow.
12:20 p. in. Governor'
4 rival arid reception.
41 1:00 p. m. Luncheon at Al-
2:30 p. m. Important state
4 hood conference at the Alvarado
4 4.30 p. m. Important meet-
Ing of board of control of the
Irrigation congress, the fair as
sociation and Commercial club.
EVERY ONE SHOULD AT
TKNI. iitiriiiri sin
Governor Curry will arrive In Al
buquerque tomorrow and will spend
a busy day.
He had expected to come to this
city tonight but owing to a alight at
tack of the grippe, he did not feel
able to make the trip. He will ar
rive here shortly after noon tomor
row and will be met by a number of
people, particularly the members of
the board of control of the. National
Irrigation congress, members of the
statehood league. Commercial club
and Territorial Fair asyoclatlon.
The governor will first attend a
statehood conference, , which will be
held at the Alvarado hotel at 2:30
o'clock In the afternoon. Solomon
Luna, H. O. Burum, R. E. Twltchell,
Colonel Hopewell and, a number of
other statehood ..advocates ..together
with o flic-era ot the local statehood
league, will be present.
At 4:30 o'clock a very important
meeting of the board of control of
the National Irrigation congress, the
Territorial Fair association and the
Commercial club has been called to
assemble at the club rooms.
The governor will address those
present on the National Irrigation
congress and on statehood.
The meeting Is of prime Import
ance to all since President Hopewell
said today that it was planned to ap
point all committees, etc, and to
complete arrangements for the enter
tainment of the big congress In order
that an active campaign over the ter
ritory can be arranged.
Colonel Twltchell, of Las Vegas.
In a telephone message today Mated
that he would be present and take
part in the proceedings. It Is the
wish of the officers that every com
mitteeman and every citizen attend
In order to facilitate matters In hand
ling the great amount of work to be
There are several prominent men
from other portions of the territory,
who will likely attend and altogether
It will undoubtedly be a big meeting.
The governor has promised his
hearty co-operation and assistance
and he chould be accorded the re
ception to which he Is entitled.
TICKET SCALPERS WILL
ASK FOR NEW
Ch-U-ago, 111., Dec. 17. The execu
tive committee of the Ticket Brok
.r.' aiwlullon hns begun a campaign
to secure legislation requiring rail
roads to sell tlcaets wnnoui me com
pulsory signature of purchasers,
rk int. ..linn la takAn haoaune of the
recent decision of the supreme court
holding signature requirement io uo
BUILDING UNCLE SAM'S
Qulnty, Mass., Dec. 17. At the
moment me gun oi umnoi &on
fleet were roaring a farewell salute
at Fort Monroe, the first steel plate
of the rrent battleship North Dakota,
to be the largest battleship In the
world with the exception or ner sis
ter ship, the Delaware, was laid In
the yards of the Kore Illver Ship
building company here.
The North Dakota is to be a fourth
larger than the large.- ship now in
the American navy.
GEO. E. TOBEY WOULD
Bt VICE PRESIDENT
Lincoln, Neb., Dec. 17. George E.
Tobey, formerly private secretary to
Senator Hurkett, begin today to or
gur.'ze a Hughes club, with Burkett
as an aspirant for the vice presi
dency. Follower of lit Follette are also
at work In Nebraska.
More iV Are In the Mines
No Van at Any
m . olnce the
General Funston Will Have Fin
ished His Work by Tomorrow ;
and Will Leave Camp With
Are Very Cautious.
Goldfleld, Nev., Dec. 17. 'More
men are reported at work In the
mines and the mill of the Consolidat
ed company now than on any day
since the reopening of the mine
Thursday last. The Nevada'-Gold-fleld
Reduction works started up this
morning with eight men. t
Fifty strike-breakers are exipected
to arrive today from Arizona,. The
Roosevelt commission is today con
sidering a statement of the Mine
General Funston and Governor
Sparks will leave Goldtleld tomorrow
Owners Are Cautious.
If a considerable number of
strike-breakers are being brought
here It Is becoming evident that the
plan is to quietly .bring them In by
small lots and provide places tor
lihem and put them to work with
the least ostentation possible. - The
United States labor commissioners
are due here tomorrow. Both sides
say they will welcome the commis
sioners. The union is positive or its (
SLaiemenc mut. iiv tiuiciwa w.ti w
attempted and that the strike will
be settled quietly.
Today secretary ErD or tn Mine
Owners' association, said that ar
rangements are all made to bring In
a number of miners from Califor
nia, Utah, Arizona, Montana, Idaho,
and Wyoming, and that 450 will ar
rive soon. No information as to
their movements or. when they will
arrive la obtainable, and the union
men characterize the statements as
DARROW STILL ABSENT
Wilson Resumes Case, With
Vindicator Cageman on
Boise, Idaho, Dec. 17. 'Attorney
Darrow was too 111 to attend the
Peltlbone trial again today and Ed
gar Wilson continued In charge of
the case for the defense.
Chas. Johnson, who was a cage
man at the Vindicator mine In 1903,
was the first witness. He told of the
explosion in which McCormick and
Beck were killed. He gave a de
scription of the explosion In which
the two men lost their lives and told
of talking to Orchard. On cross ex
amination the defense showed that
the witness had been summoned
and that his expenses were paid by
the Pinkerton Detective agency of
A.. J. Naylor. of Victor, Colo., as
sistant secretary to the Mine Owners'
association, who was a major in the
state militia during the Cripple Creek
strike, was called arid told of going
to the IVndlcator mine after the ex
plosion and finding the bodies of the
victims, Beck and McCormick. He
Identified some wire, which was
found near the Vlndivator after the
explosion, and some plleces of a re
volver, which were also found at the
scene of the explosion.
IN BOYCOTT CASE
Washington, TJ. C Dec. 17. In
the case of the Buck Stove and
Range company of Kt. Louis against
the American . Federation of Labor,
involving the right of labor unions
to boycott business houses, which
labor organizations regard unfair to
them. Justice Gould of the District
of Columbia equity court today
granted a temporary Injunction pro
hibiting the Federation from con
tinuing boycott on the company,
pending a final settlement of the
MAGOON WOULD TRY
Uncoln, Neb.. Dec. 17. C. O.
Whendon, the law partner of Charles
E. Magoon, today wrote all members
of the republican state commitwe,
asking them to Institute a direct pri
mary to ascertain the choice of re
publican voters for president. Ma-
I goon will be pushed for the presi
ONLY TWO ALDERMEN
FAVOR LOW LICENSE
club Women See That Pledges
Are Fulfllled-Takes Ef.
feet January 1.
Under suspension of rules the city
council last night passed the ordi
nance raising the saloon license in
the city from $250 to $1,500 a year.
The ordinance becomes effective
January 1. Alderman Neustadt and
Beaven were the only voters against
the high license. Isherwood, a low
license advocate, was absent
Ordinarily the ordinance would
have come up for only Its second
reading and amendment last night.
But after it was discussed on its sec
ond reading Alderman Hanley mov
ed that the rules be suspended and
the ordinance be considered read for
its third time.
Mrs. Margaret Medler, Mrs. D. A.
Bittner, Mrs. K. G. Wilson and Mrs.
Baker composed a committee from
the Woman's club which was present
to see that the city fathers who had
pleadged their votes for high license
would stand by their promises.
Alderman Wilkerson, mayor pro
tem, told the councilmen that the
Woman's club had passed a resolu
tlon favoring high license and ask
ed the members of the committee I
from the club If they desired to ad
dress the council. !
"I don't think It Is necessary,"
said Mrs. Bittner. "I believe the
council Is well aware of how we
stand on the matter."
"We don't want to take u-p the
council's time," said another of the
committee women. . , .
, Kewdadt Offers Amendment,
Then the city fathers got down 'to
business. The ordinance was given
Its second reading. ICty Clerk Lee
had hardly had time to lay the docu
ment down on the table after reading
It before Alderman Neustadt gained
the floor and offered the first amend
ment. "I move, Mr. Mayor, that the sum
of $600 be inserted Instead of $1,
600." said the fourth ward alderman.
Alderman Beaven seconded the
motion, but It was lost by a vote of
five to two, Beaven and Neustadt
voting for It and Harrison, Hanley,
Hayden, Learnard and Wilkerson
Four Favor Private Lionise.
Alderman Harrison, father of the
high license ordinance, offered an
amendment adding a provision that
no retail liquor license be granted to
houses of ill fame. Hayden second
ed the motion, but It was lost, Beav
en, Wilkerson, Hanley and Neustadt
voting against it.
An amendment making the license
payable semi-annually In advance In
stead of quarterly as provided in the
original ordinance was offered by Al
derman Hanley and seconded by
Learnard. Neustadt said It would
be putting a hardship on the liquor
dealers to have to advance so much
money on their license and asked
that It be left as It stood.
iHanley and Learnard then with
drew the motion for amendment. A
provision providing for a committee
to pass on applications for saloon li
cense and with power to revoke li
censes was discussed, but the alder
men decided to bring up a new ordi
nance on that subject.
That dLsposed of the ordinance so
far as its second reading was con
cerned. It had passed it unchanged.
"In view of the fact that there
will be no more regular meetings of
the council this month and as this
ordinance Is supposed to go into ef
fect the first of the year, I move, Mr.
Mayor, that we suspend the rules
and consider the ordinance read for
the third time," said Alderman Han
ley. Ordinance Is Passed.
"I object," said Alderman Neu
stadt. "This Is an important ordi
nance and I don't think it should
be rushed through In this manner.
It should take the regular course."
Harrison seconded Hanley's motion
and the vote stood Harrison, Hanley,
Hayden, Learnard, Wilkerson In fav
or of suspension of rules and Neu
stadt and Beaven against.
City Clerk Lee picked up the ordi
nance. "Will it be necessary for me
to read It: I've read It once to
night?" he asked. "
"I don't thing so," said Acting
Mayor Wilkerson. "But does any one
want It read?"
"I do," said Neustadt.
Then the city clerk read the or
dinance for the third time. After
lis reading Alderman Harrison mov
ed that it be passed. Hayden sec
onded the motion and It passed by a
vote of five to two, Neustadt and
Heaven casting the dissenting votes
and HarrUou. . Hanley, Hayden,
Learnard and Wilkerson standing in
favor of the ordinance.
"Now, Mr. Mayor," said Alderman
Harrison, "I move that we tender a
vote of thanks to the ladies for their
attendance and attention."
It was carried unanimously.
WIL LWOltK FOIl ItE-KSTAIl-
LIMIMKNT OF OANTKKN'K
New York, Dec. 17. An army can
teen association has been formed
here for the purpose of working for
the re-establishment of canteen at
army posts. It will be incorporated
and will make an effort to Induce
congress to repeal the law forbid
ding the sale of beer and light wines
at army pouts. Harry P. Fry, a law
yer, U president of the association.
, 1 V 1 (IMS INK! 1 I
"pf 1 If fw
JAPAN WILL RESTRICT
Assurance Comes In Charac-
of a Memorandum--No
Change In (Treaty.
AS MADE UNCLE SAM
Toklo, Japan, Dec. 1 7.dtudolphe
LemJeux, Canadian postmaster gen
era! and minister of labor, will re
ceive assurance that Japan' will limit
emigration to British Columbia, but
there will be no change ot treaty.
A memo.-aiidum to be. given him
includes a progrom for the future,
but It is not intended as a formal
note. He has been Informed by the
Javanese foreign office that Canada
will get exactly the same concessions
as those already granted the United
FOOD THROUGH SIX
Ely, Nev., Dec. 17. Nearly a thou
sand feet down in the shaft of the
Alpha mine, where they have been
Imprisoned for ten days, a mine su
perintendent and two workmen seem
fated to remain several days longer.
The rescuers were discouraged
some today by a slight movement of
ground near the original cavern and
It Is feared that another slide Is to
follow and that the work of rescue
will have to be stopped until the
slipping can be stopped.
The entombed men are supplied
with water and food through a six
inch pipe but should another slide
occur, their poltlon would be very
T A IT WILL KK.MH
HOME OX FRIDAY
Cape Rate, N. F., Dec. 17. The
sieamer President Grant from Ham
burg for New York having Secretary
Taft and party aboard, communicat
ed with the Marconi station here to
day. The Grant will reach New
York next Friday.
1,000,001! lPltOPKI TK1
IT'H FILIPINO M IIOOLS.
Manila, P. I.. Dec. 17. The first
bill to come up for final reading in
the assembly appropriates $1,000,000
for the construction of schools In
outlying villages. It will secure a
unanimous vote, and Is now ready
K4.1U LYNCHED HEOALHE
OF KFKVl'FJ ItKMAKK.
Whreveport, La., Dec. .17. A negro
member of a traveling minstrel
troope named Homer L. Rogers, was
lynched by a mob in the Morehouse
Parish last night for resontly a re
mark made by a white man. This
is the third lynching in Morehouse
Parish In ten days.
V. J. WARD API01NTKI
e East Las Vegas, N. M., Dec. e"
17. (Siecial) Charles W. G. 4
Ward, an attorney end newspa- e
per man, was today appointed
district attorney for the counties
e of t-an Miguel and Mora, vice
H. B. Davis, Jr., who resigned 4
4 to become assistant IT. S. dls-
4 trict attorney. Mr. Ward was
endorsed by the republican or-
gunlzation and his appointment
4 was not unexpected. He will 4
4 assume the duties ot his office
4 at once.
HI FIRE CAUSES
Women and Children Rescued
From Flames to Be Car
ried Into Snow.
FIFTY WERE SAVED
BY HEROIC FIREMEN
Denver, Colo., , Doc.. . 17. A fire
which broke out in the Tamale block,
Eleventh and " Larimer streets, this
city, shortly after midnight endan
gered the lives of fifty people living
In upper stories.
Thirty women and children, clad
only In night robes and hysterical
with fear, were carried out of the
building by policemen and firemen
No lives were lost, but fatalities may
result from exposure. Know falling
and the weather was extremely cold.
The origin of the fire is not known,
but It Is believed to .have started
from an overheated stove on the low
er floor. It had gained considerable
headway when discovered and was
prevented from spreading to the ad
joining buildings with great difficulty.
The severeness of the weather made
the work ot the Bremen extremely
difficult. There were many heroic
rescues and many narrow escapes. In
several instances. It was with the ut
most difficulty that the officers pre
vented frenzied women from Jump
Ing from windows on the second and
third stories. The fire was smothered
and nearly all ot those rescued were
carried through stifling smoke into
the open air. Several firemen are ill
as a result oi getting wet and ex
posure. Water thrown on the fire,
which did strike In the Immediate
proximity with the flames froce on
the building, so cold was It.
While the lower floor was gutted
the walls of the building stood and
much of the furniture of the upper
stories was saved and Is not damaged
beyond being wet. The damage Is
estimated at 15.000,
Dawson, N. M., Dee. 17. The
Dawson Fuel company, a corporation
belonging to the Phelps-Dodge cum
pany, will make a Christmas gift o
a slleruiid ohurch building for the
use or tneir employes.
The church will be dedicated Sun
day, December 22, by Rev. Kenneth
Hrown, the pastor. An extensive pro
gram has been arranged. The church
and manse cost $5,000, and is a free
gift to the people by the company.
This la the last of a series ot public
buildings which Includes a magnin
cent opera house which the company
has built for the community.
PERPETRATORS OF DOUBLE
MURDER DIE IN CHAIR
Criino Was Committed for Purpose
of Ilobbery Killed Mrs.
Horner and Survant.
Trenton. N. J., Dec. 17. Charles
(flbson and Stephen Dorsey, colored,
were electrocuted at the state pris
on today for the murder of Mrs. Ed
ward Horner and Victoria Natoll, the
latter a servant employed by Mrs.
The murders were committed In
connection with a robbery of the
Horner home near Camden last August.
Bids Crew on Mayflower
Good-Bye With Enthusias
tic Wave of His
But One Wireless Was Received
This Mornlna-Secretary Met
calf Was Too 111 to Review
Parade In Chesapeake
Washington. D. C. Dec. 17. With
an eninusiasuo wave vt nix nign nm
and a hearty good-bye as he stepped
over the side of the Mayflower, Presi
dent Roosevelt ended with every evi
dence ot great satisfaction his trip to
say farewell to the Paciflo bound
battleship fleet, shorUy after 8 o'clock
The trip from Hampton Roads' to
Washington was without incident.
Hut One Meraage 1 Torn iDvaita,
Not a word came to the navy Ae
nartment this morning from the Pa'
clfic bound fleet. A wireless mes
sage is known to have passed today
between some one of the vessels and
the wireless station at Norfolk, but
It has not been forwarded to Wash
According to the prearranged pro
gram the fleet lias now steamed
about 220 knots and is expected te
have already crossed the gulf stream.
RIOTING IN LOUISIANA
. i IS EXAGGERATED
Negroes Thought to Have Commit
New Orleans. La., Dec. 17. Dis
patches , from ' several ,. northtwest
Louisiana points, where three Ital
ians have been killed and several
wounded ln'j Saturday tilgtit, lndi
cate that the trouble Is not as serl
ous as at first reported.
anstead of general flghtmg occur
Ing between the white as first re
ported, today's dispatches indicate
that less than a doxen unruly negroes
committed nearly all of the assaults.
It may be, however, that the
whites through 111 feeling towards
the Italians for accepting lower
wages, failed to restrain the negroes
CONDUCTORS FOR NEW
TRAIN HAVE BEEN
Superintendent Myers, of the Rio
Grande division, late this afternoon
announced the conductor for the
new train service of the New Mex
lco Eastern railroad, . which goes on
Conductor J. M. Harrison, will
take the first train out. Conductor
K. J. Ittrelm will take out the train
that leaves here Thursday morning
and Conductor Chas, Watllngton is
the other conductor. All of them
will make their home In Albuquer
The announcement made yester
day to the effect that mall service
would go on with the first train was
a mistake. There will be no mall
clerk on the train but It Is believed
that pouch mall, made up at the lo
cal postoftice. will be carried and
that this service will have to suttice
until the department sees fit to es
tablish railway mall service.
liOItD KELVIN THOUGHT
TO Bid DYING
London. Dec. 17. Lord Kelvin
the famous scientist, who has been
dangerously ill some time, is sinking
LOS ANGELES AFTER
CARSON CITY MINT
Los Angeles, Cal.. Dec. 17. Los
Angeles men Interested In Nevada
mines have recenUy been quietly agi
fating the question of making an ef'
fort to Induce the governmont to re
move the Carson City mint to this
city. One of the arguments advene
ed in favor of this proposition la that
the opening of the mine In Los An
geles would be followed by the es
tablishment ot a smelter nere.
The Carson City mint has been
closed for several years.
NEW YORK CABIES
OUT ON STRIKE
New York, Dec. 17. A strike of
350 cab drivers In this city was call
ed this morning. The drivers de
mand SIS a week and twelve hours
off every day. Tlvey have been re
ceiving $14 a week and tea hours off
Appellate Court Ousts Convlc
ted Trust From State and
Places Fine at
GUILTY OF VIOLATING -
Tribunal Refuses Hearing of Re
ceivership Case and Says That
Fine Might Have Been Much
Greater Under the Statutes
-Judgment Not Excessive.
Austin. Tex.. Dec. 17. The state
appellate court has approved ' the
judgment of the trial court In the
case of the state against the Waters
Pierce Oil company. Under the terms
of this Judgment, the company was
found guilty ot violating the anti
trust laws and was assessed penal
ties aggregating $1,90,000, and was
debarred from doing business in Tex
as. The court also refused a rehear- ,
Ing in the receivership case against
the same company. The material
points in controversy are parsed up
on as follows:
"It is contended on behalf of the
appellant that the antitrust act . of
May aft, 18, was rendered uncon
stitutional by the passing of another
statute at the same session of the
legislature, entitled 'An act to pro
tect worklngmen in the right of or
ganization and the purposes there
of,' approved May $7, lsDi, wherein
It was provided that, from and after
us passage, it should be lawful for
any and all persons engaged In any
kind of work or labor, manual or
mental or both, to associate themsel
ves together and form trades union
and other organisations for the pur
pose ot protecting themselves in their
personal work, personal .labor and
personal service In their respective
pursuits and employments. By the
third section It is declared that that
act shall not apply to, combinations
or associations of capital or cepltal
and persons, formed for- ihs purpose
of limiting the production or con
sumption of labor's products, or for
any other purpose, in restraint of
trade, and declares- that - nothing
therein contained shall be held to In
terfere with the terms and conditions
of private contract; and provides,
" That nothing herein contained
shall be construed to repeal, affect or
diminish the force; and effect of any
statute now existing on the subject of
trusts, conspiracies again.st trade,
pools and monopolies.'
Antitrust Act Not Affected.
"In view of these limitations placed
upon that act, we are of the opinion
that it was not the intention of the
legislature fo authorise anything to
be done that was prohibited by this
act of May 25, 18K9; hence we hold
that this statute engrafts no exemp
tion upon the antitrust statute refer
red to. -
"The antitrust statute ot May 25,
189V, having been superseded and re
pealed by the act ot March 31. 1903,
which diminished the pecuniary pen
alties, appellant sought to have the
latter statute applied to the time
before as well as after It went into
effect. This was refused, and, we
think, properly so, on account of this
provision in the latter act: 'Provided
nothing In this act shall be held or
construed to effect or destroy any
rights of the state of Texas to re
cover penalties or forfeit charters of
domestic corporations, or prohibit
foreign corporations from doing
business in this state, for acts com
mitted before this act took effect.'
Comma Not Ienriitlve.
"Nor can we sanction the proposi
tion that, because of the location of
a comma in the proviso quoted, it
was the Intention of the legislature
to protect and preserve the right of
the state to recover penalties from
domestic corporations and not pre
serve such rlghs as against foreign
"It Is claimed that the trial court
should have granted appellant' mo
tion for a new trial, based upon the
ground that the judgment imposes
excessive tines and operates as a de
privation of property without due
process of law. it is also contended,
that the act of 1899 should be de
clared void because it authorises ex
ceslve tines and forfeitures.
Ttiut Question IHtiilcd.
"That question already has been,
decided against appellants' contention
in Hlaie vs. Laredo Ice Company, 88
Texas, 487. The verdict, while large.
Is much under the maximum permit
ted by the law. Its magnitude Is
mainly attributable to appellants' re
peuled and long-continued violation
of the law, covering a period ot six
"in appellant's motion for a new
trial In the court below, and in its
presentation of the case here, the
verdict of the Jury has been chal
lenged, the contention being that tha
testimony falls to show that appel
land has violated any of the antitrust
laws of this iute.
Purty to Trust AgrtviiH-nt.
"It is sufficient, we think, to hovr
that from the date of its permit to do
business in this state. May 11, 1890,
appellant has been a party to an
:iKreement or understanding with th
Standard Oil company of New Jersey,
one object of which was to create A
monopoly and control the price ot
petroleum oil and prevent competi
tion In lu sale In a lurg and speci
fied territory. Including the stale of
Texas, and that, to a large extent.
aui object has been accomplished.
Hence we hold that the verdict ts
supported by testimony an J no error
wai committed in overruling the mo
1 tlon for a new trial."