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Albuquerque citizen. [volume] (Albuquerque, N.M.) 1907-1909, August 21, 1908, Image 1

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Albuquerque Citizen
"WED GET THE NEWS FIRST"
TRAIN ARRIVALS
No. I 7 45 P- m
No 4 543 ? m- .
No. 7 io.$S P- m.
No. 8 6.40 p. m.
No. 9 1 1 45 p. m.
WEATHER rORECAa?
Cecftr. Cola., kg, 2Lecaf show
irs tonight or Saturday.
VOLUME 23.
ALBUQUERQUE. NEW MEXICO. FRIDAY. AUGUST 21. 1908.
NUMBER 201
GOVERNMENT FILES PETITION
IN FAMOUS STAND.VD OIL CASE
Demand for Rehearing of ye Suit in
Which Judge Landis Impo" d Fine of
$29,000,000, the Largest i History,
and Which was Reversed by Appelate
Court, is Made in
of Appeals at Chicago by Attorney
General Bonaparte, Assisted By Frank
Kellogg and Others.
IT IS THE ADMINISTRATION'S ATTEMPT TO SAVE ELKINS
ACT AND INTERSTATE LAW
Rehearing Is Demanded on the Ground that the Decision of
the Appelate Judges Was an Injustice to the Trial Judge;
That the Decision Is Contrary to the Statutes and That
It Was Given Through Misconception of the Record In
the Case -Attorney General and Government Attorneys
Will Make Hard Fight to Have Decision Reversed and
Save Government's Position.
Chicago, Aug. 21. The govern
ment's petition tor re-hearing by the
United States court of appeals of the
case against tne Standard OH com
pany of Indiana was filed today,
and represents, it is authoritatively
stated, the administration's attempt
to save the Elklns' act and the in
terstate commerce law from becom
ing futile. The tiling of the petition
marked the appearance of Attorney
ueneri umiwri(. m.nyiwwk.H,, tnt tho Ignorance was tbe
well as Freak B. Kellogg, who ! result 'of neglect on the part of tha
unAruj aHisLdnt to tna attorney kvu- 1
eral. Besies these two names the
petition Is signed by Edwln W. Sims, I
United States district attorney at !
Chicago, and special assistant, James
H. WUkerson, both of whom present
ed the government's side of the case
In the original hearing before Judge
Landis, who administered the fa
mous tine of $29,210,01)0 against the
defendant.
Although not specifically stated la
petition It was agreed by counsel for
the government in their conference
at Lenox, Mass., following a reversal
by the appellate court of Judge Lan
dis' decision, that If the Interpreta
tion of the law given . by Judges
Grosscup. Seaman and Maker was al
lowed to stand successful prosecution
of rebate cases against corporations
would be impossible in the future.
A synoposis of the government's
petition for rehearing Is as follows:
The government presents its peti
tion in accordance with the rule of
the court.
The indictment in the case was for
a violation of the Elkina act of Feb
ruary 19th, 1903, making It a crime
to accept a concession whereby any
property is transported in interstate
commerce at less than the published
end tiled raU
It was proved at the trial that the
Chicago & Alton Railway company
transported to East St. Louis. 111.,
and St. Louis, Mo., 1492 carloads ofi
oil.
In all the dealing between shipper
and carrier each carload was treated
as a distinct transaction and han
dle, as a dist net piece of business.
The published anj filed rates on
this business were eighteen cents rer
one hundred pounds to East St. Louis
ami nineteen and a half cents to St.
Louis. The Standard Oil company
actually settled on the basis of six
cents to K:i.t St. Louis and seven and
a half cents to St. Louis.
These facta were admitted.
The Standard Oil company Inter
posed the claim In defense that the
Elkina act was unconstitutional; that
the tariffs had not been posted ln
two public places at the stations, and
Interposed many technical defenses.
On tut a angle point Involved In
the trial up to the return of the ver
dict of guilty are the rulings of tne
trial Judtte criticized by the court
of appeals. In all other particulars
his rulings are sustained.
. TK point on which the trial Judge
A Tsed by the court of appeals
rela. rull; i ;tn evidence and
his cl.vv 'i?j:ury with refer
ence t i . ' 'i On the rart of the
. Stand ir.. J' "pany of the lawful
ratf as a IfAise.
The court of appeals In Its opinion
has not correctly stated how the
Judge ruled on th's subject.
It Is laid In tb opinion that he re
fused to admit ev'icnce to the effect
that the Standard OH company did
not know what the lawful rate was.
The fact Is. and the record o shows,
that all evi lenee tending to show Ig
norance on the part of the Standard
O'l company was admitted for the
consideration of the Jury.
This evidence was largely that of
the traffic manager of the Standard
OH company, Bogardus, who swore
to a conversation with Hollands, the
United States Court
FROM BECOMING OF NO AVAIL
rate clerk of the Alton, In which be
said Hollands told him that the rate
had been filed. The government met
this testimony by a great array of
circumstances which tended to dis
prove It and the jury found In favor
of the government.
The trial judge ruled that Ignor
ance on the part of a shipper of what
the lawful rate waa could be Inter
posed as a defense, but that It would
not constitute a defense If It ap
shipper or ok wTlful rallure on the
part of the shipper to resort to the
sources of Information which were
available.
The government contends that this
Is the correct construction of the
statute on this subject.
The court of appeals lays down the
rule that it Is necessary tor the gov
eminent to show beyond a reasonable
doubt, as a part of Its case that the
shipper actually knew what the law
ful published and filed rate was.
The government contends that this
is an Impossible rule; that it la con
trary to the purpose of the Klklns
ct; that it Is contrary to the general
-ule applicable In criminal cases;
that put into effect it would make
of the Interstate commerce act "a
mere will-o'-the-wisp of legislation.
a phantom statute, destitute of
strength or substance."
The government contends in tho
petition that the court of appeals has
misstated not only the record as to
what evidence was admitted, but has
also misstated the construction which
the trial judge placed upon the statute
and that for this reason there should
be a thorough reargument upon the
only proposition as to which the rul
ing of the trial Judge up to the ver
dict of gudty, is reversed.
The government contends that an
examination of the record will show
that the court did not rule out the
testimony tending to show want of
knowledge, but that on the contrary
all proper evidence tending to show
that the defendant was ignorant of
the facts with reference to the legal
rate was admitted for the considera
tion of the Jury, and that there was
ample evidence to show that the de
fendant did know what the legal rate
w as.
Jn other words, the government
contends vigorously and with refer
ences to the record that the reversal
of the case, so far as the ruling of
the trial Judge Is concerned. Is based
upon a misstatement by the court
of the record in the case as to the
admission of the evidence and to a
misunderstanding by the court of
what the trial Judge ruled with ref
erence to the admission of evidence
and how lie really charged the Jury.
The government strenuously con
tends that the effect of the construc
tion of the statute announced by the
court of appeals Is to nullify the In
terstate Commerce act so far as
shippers are concerned; to make Its
enforcement Impossible, and to
plunge the country again into the de
plorable condition of railroad dis
criminations and favoritism which
existed prior to Its passage.
The government contends that the
court of appeals has no rght to place
this construction upon the statute In
thu face of the fact that the very
question involved in this case has
been expressly left open by the Su
preme court In the Armour Packing
company case, recently decided by
that court. The precise question In
volved In th's case was stated by the
supreme court In that case. It was
not decided by the supreme court. J
however, because It was not Involved
but was left open.
The government Insists that before
laying down this harsh rule and
practically nullifying the law tha
court of appeala should certify In
accordance with the statute this ques
tion to the supreme court for Its a-
ciston; that no court short of the sit-j
preme court should undertake prac
tically to wipe the Interstate Com
merce' act from the statutes.
The petition states "before the gov.
ernment is required to try th's case1
under the rigid rule of construction j
laid down by this court, is it not
manifestly fair and r ght in the inter
est not only of Justice in this case,
but in the interest of a final and defi
cits construction of this Important
statute, that Judgment oe taken of
the highest tribunal of the nation?"
The government contends that the
court of appeals ln its opinion, has
laid down an erroneous rule for de
termining the number of offenses.
The government contend that
each shipment la the basis of a dis
tinct offense; and that in this case
each carload was a separate ship
ment. The circuit court of appeals has
held that there Is but on offense for
each settlement for freight.
The government cites against this
the olnion of Presiding Judge Gross
cup In the case of United States vs.
Hanley, 71 Fed. Rep., 671, 75, In
which that Judge laid down an ex
actly contrary rule to the one which
he laid down in the Standard Oil
case.
The government contends that, the
rule laid down by the court of ap
peals Is contrary to the principles of
the Elkins act, and leaves A to the
shipper and carrier to elect for how
many offenses they will fce prosecut
ed and how much they snail be fined.
The government contends ln the
petition that the couiVof appeals has
done a great injustice to trial juuge
Landis In misstating what he did in
connection with the lmpositon of the
tine on the Standard O'l company.
The circuit court of appeals In Its
opinion charges that Judge Landis
assumed to fine the Standard Oil
Company of New Jersey, and impos
ed the large fine for the reason that
he was satisfied that khe Standard OH
Company of New Jersey was not a
"virgin offender."
The government shows ln Its peti
tion that Judge Landis never referred
to the Standard Oil Company ot New
Jersey in this connection and that
the language used was used In con
rectlon with the Standard Oil Com
pany ot Indiana, and that nowhere
were the proceedings directed or pre'
tended to be directed against the
Standard Oil company of New Jer
sey,
The government takes Issue with
the court of appeals that Judge an
dis' proceeding ln this case "amount
ed to a strange doctrine In Anglo
Saxon jurisprudence," and ays that
the proceedings of Judge Landis are
ln accordance with the rule of pro-1
cedure pointed out by Mr. liisnop in
his work on criminal law as one of
the elementary principles of that Ju-
rlsprudence recognized from the carl-1
iest days.
The government takes issue wltn
the circuit court of appeals as to its
proposition that a defendant cannot
be lined more than the value of the
property which he possesses anai
stales that this rule is an Innovation
in criminal law and If applied would
destroy the enforcement ot most
statutes.
The government claims that the
facts before the court ot appeals jus
tify the Imposition ot the penally ln
lt. cted by the trial Judge.
It appears from the record In the
circuit court of appeals that the net
profit of the business of the Stand
ard Oil Company of Indiana, the cor
poration that Judge Landis fined, for
ihe years during which the violations
of the law for which it was convicted
were committed and including the
year In which It was Indicted amount,
ed to $33,683,208.80.
On this point the petition states:
"We respectfully can me aueimim
of the court to the ftatement of the i Hon w u Anurew8( Alouquerque.
Standard Oil Company ot Indiana on, M
Hie ln this case, referred to by the I TjearSlr It gives mo great pleas
c .iurt ln Its opinion and treated as i ure t0 wrlte nni tnank you for your
proper for consideration in determln- kndnesa t0 me ln securing my pen
ing whether or not the penalty wasHjon for mBt My claIm wal fUed )
excessive. the pension ofilce at Washington on
That statement shows, w ith refer-1 July 2, 1908. Tho agent ln whoso
ence to the assets and liabilities and l nallja j piaced my claim seemed to
profits of the Standard Oil Company, do u ne coui,i to get It allowed but
of Indiana, the following: : jifj not succeed.
"Standard Oil Company. (Indiana.). When In January, 1908, I wrote and
Veur isaa: gross assets, 1 15,15.-, ae-j y0u to assist me and at on:e
408.16; liabilities, 5,00.831.05; prof, received a reply that you would take
its. $1,195,750.64. I it up and atti nd to it for me, and
Year I'JOO: groag assets., $18,077,- withln three months my pension and
018. L'4; liabil.ties, $2,735,695.09; prof. au back pay waa an0wed, Including
Its. $1,981,571.04.
Year 1901: gross assets. $16,435.
21... 71; liabilities. $2,963,417.01; prof
its, $5,379 948.55.
Year 1902: gross assets. $19,794,
G73.94; liabilities, $3,306,620.64; prof,
its. $7,615,906.60.
Year 1903: gross assets, $21,277.
6i9.70; liabilities. $4,635,206.12; prof
its, $3.753 410.28.
Year 1904: grosg assets, $20,087,
700.64; liabilities, $3.052 497.82; prof
it. $7,792,039.24.
Year 1905: gross assets, $20,743 -261.97
; liabilities. $2,436,957.62; prof,
its. $6 621,676.53.
Year 1906: gross assets, $27,502,
089.86: liabilities. $3,178,152.76; prof.
Its. $10,516,082.76."
The punishment therefore is no
more severe than that is lnllicted up
on a letter carrier who steals a letter
and is sent to the penitentiary for
three years, thereby depriving him
of his earning capacity for that time.
is not nearly so severe as the min
imum penalty of five years ln the
penitentiary imposed upon a banker
who misapplies the funds of his
bank.
The government claims that on ac
count of the size of the fine alone,
there la no necessity for a retrial of
the case; that the circuit court ot
appeals may. Itself, name the fine
which should be Imposed and calls
upon the court to do so ln cae It
adheres to the view that Judge I.nn
rlls abused his discretion In Imposing
so lirge a tine.
The petition concludes:
"It is therefore respectfully sub
mitted: i
That the opinion of this court Is
based upon a misconception of the
record with reference to the rulings
if the trial judge as to the admission
of evidence tending to show want of
knowledge, and with reference to his
construction of the statute on that
subject, and the theory on which the
case was tried; that the evidence of
Dogardus which it Is claimed show
ed want of knowledge was admitted,
that it was overcome, however, by
the facts and circumstances of the
case, and that the evidence as an en
tirety as sufficient to show actual
knowledge, or what ln law was its
equivalent;
"That the Interpretation of the
statute by this court, imposing no
duty on the shipper ana permitting
a defense ot Ignorance to be made
without regard to the negligence ot
the shipper. Is contrary to the lan
guage of the statute and to Its pur
pose, and seriously Impairs the effic
iency of the act;
"That the ruling stated In the opin
ion an to the basts for determining
the number of offenses Involves an
erroneous construction of the statute
and falls to take Into consideration
that the thing which Is prohibited by
the act Is the transportation ot prop
erty at the unlawful rae;
"That the criticism f the trlsl
Judge for abuse of discretion rests
upon a wrong assumption ot what
the trial judge actually did and as
sumes that he attempted to try and
punish the Standard Oil company of
New Jersey, when In fact, a appears
from the record, the entire proceed
ings were directed against the de
fendant the Standard OH Company
of Indiana;
"That the ruling stated In the
opinion to the effect that a fine Is
excessive when It exceeds in amount
the ability of the defendant to pay Is
an innovation In criminal law and If
generally applied would prevent the
practical enforcement of most crim
inal statutes;
"That, In short, the opinion as It
stands erroneously states material
portions of the record; does Injustice
to the trial Judge; leaves doubtful
in a new trial the rule vr law to be
applied, both as to knowledge on the
part of the shipper and as to the
number of offenses; at pears to be In'
conflict with the language of the su- growers reansea mis me moment me
preme court and with the previous' proposition to ship to Denver waa
language of the pushing J;idge f j made and aa far as can be learned
this court and with the great weight Ith6 Denver market la without New
of legal authority; and, If permitted' Mexico sheep, at least. It Is under
to remain unmodified, will tend to I too(1 t"at the growers of Arlsona re
encouraee disobedience to law. to'a,lzed th conditions, also, and they,
impede the enforcement of salutary
statutes and largely to defeat their
purpose,
For the reasons stated we respect
fully request that a reargument of
tms case be granted."
I The petition Is signed
CHARLES J. RONA PARTE,
Attorney General.
FRANK B. KELLOOO,
Special Assistant to the Attorney
General
EDWIN W. SIMS.
United States Attorney.
JAMES H. WILKERSON,
Special Assistant United States At
torney. veiekanYwT'
thanksjhe delegate
Ho Secured IViihIoii for Her Wit lion t
Ijohn of Time After Slio Had
Been Vainly Trying to Get It
for Two Years.
Alhiiniirnu.. X M.. Am K. ion
pension duo my husband at the time
of his death.
I am sorry that my recent afflic
tion prevents me from coming and
thanking you ln person. May Old
bless you Is the prayer of one you
have befriended.
Yours In gratitude,
MRS. ZANEY ANV McAULIFFE.
ONE WAS KILLED
IN AUTO ACCIDENT
M4iliie Tumul Turtlo and Uio Oc
cuMUitfi Were Hurled tciicalU
It.
Ij Angeles, Cal., Au?. 21. Joseph
Ilobbs. chauffeur, was killed, and two
women and two men Injured early to.
day when a wheel on a sixty-horse
power automobile gave way and the
machine turned turtle, pinning the
occupants under the tonneau. An
explosion followed, setting lire to the
machine and making the rescue of
the living occupants difficult. The In
jured are Mrs. Francis Wilson, Mrs.
tiladys Price, U M. Ford and Charles
Keen.
FEEDERS COMBINE TO
FORCE GROWERS
TOJOSE
Proposes That Sheep Raisers
Send Their StocK to Den
ver Markets to be
Sold
CAUSES PRESENT
DULL MARKET
It b Argued That Complying Will
This Proposition Would Cause
Growers to Lose Heavily
and They Intend to
'Stand Against It
The eheep feeders ot Colorado and
eastern states, who usually buy lambs
and feeders In New Mexico und Ari
zona for feeding purposes, have come
forward to the sheep growers ot the
two territories with a proposition that
sounds very much like the proposi
tion the spider made the fly when he
said, "Come into my parlor aud wo
will eat some, you aud 1." The grow
ers wore wary of the proposition and
have failed to bite up to date.
The proposition is that the growers
ship their sheep to Denver to be sold
by stock brokers to the feeders on
commission and to bo sold by weight.
The proposition shows on the face ot
It that a combination has been made
between the feeders and the brokers
against the growers. The shipping
ot unscleeted stock to Denver would
place the growers wholly at the mercy
of the parlies to the, combination.
The feeders would select the tops of
the shipments and the growers wou'.J
have to take whatever they were of
fered for the culls or else ship them
back to the range, which could not
be don without great loss. The sheep
too, have refused to ship any sheep
to Denver.
This condition of affairs Is the
cause for the present stagnation in
the movement of sh,eep, and It tho
growers hold out It Is believed that
feeders will soon appear ready to take
the stock oft the range. The feeder
have the feed and they will not go
without the stock.
The leading sheep growers of the
territory say that If the Denver com
bination can be broken In Its Infancy
they believe they will not have any
more trouble with It. but If once tho
growers begin to ship to Denver on
consignment they may have to keep
It up for all time. The details of the
combination hivo been well circulated
among the growers of New Mexico
and the Indications are now that they
will stand pat on Insisting that the
feeders take the sheep off the range.
START TO REORGANIZE
ONE OF GOULD ROADS
Wuln.sh Terminal Company Will Do
riiu-txl on I U l'cci Ayalu Boon.
New York, Aug. 21. The first
mortgage bondholders of tho Wabash
i'itttihurg Terminal, one of the first
Gould roads to go Into the hands of
receivers, have taken tho fir.it Im
portant steps toward a reorganization
of the company by liiKtructitii; I lie
Mercantile Trust company, trustee
under tho mortgage, to be tin ljre
closure proceedings.
The Wabash railroad owns all the
stock of the Terminal company, and
the Terminal company owns a con
trolling interest ln the stocx of tho
Wheeling and Lake E-le. which re
cently parsed into the con ful of IS.
11. Harrlmn. The action th is has n
Important relation to the recent
Gould-IIiirlman understanding. Tne
loreclosure pj said to mean thj parly
reorganization of the Whrfo'riig &
Lke Erie and Wabash-PltUba: j Ter
minal under Harrlman aus oloes.
MARTIAL LAW ENDS
Trui Witlulraw lYoiu Springfield
and Civil Authorities W1U Pre.
servo Order.
Springfield, Aug. 21. Military rule
in Springfield ceased today, the mill
tary force being reduced to one regl
merit and the task of preserving or
der be.ng turned over to the civil au
thorities. Sheriff Werner has increa
ed li s force ot deputies on duty and
the city police force Is also rein
forced by a few special policemen.
Uxcept f"r closed saloons and ruined
homes and business houses In some
streets there Is nothing to Indicate
that a week ago the city waa n the
hands ot an uncontrolled mob.
IS
FAVORED BY THE
PRESIDENT
Conference Held Yesterday at
Sagamore Hill Results
In Belief That He
Will Win
Will PUT uTlD
10 All OPPOSITION
It Is the Consensus of Opinion
That His Candidacy Is Broad
er Than the Questions
Involved In the State
Politics
Nlew York, Aug. 21. James S.
Sherman, Republican candidate for
vice president, today made announce
ment that at yesterday's conference
held between himself. Chairman
Hitchcock and President Roosevelt at
Sagamore Hill It was developed that
thu concensus of opinion was favor
able for the nomination of Governor
Hughes as tho candidate to succeed
himself. This belief -waa based on
the fact that the Hughes candidacy
was broader than the questions in
volved ln New York state politics.
Chairman Frank Hitchcock waa
present when Sherman stated the re
sults of the conference and assented
to all the vice presidential nominee
said. Tho statement made today Un
questionably will put an end to the
oraginsed opposition to the candidacy
ot Governor Hughes, though It
possible Individuals will continue to
voice - protests. - Sherman would not
say what President Roosevelt' views
had been or what he said In regard
to the matter.
Will IRY TO
WITH HELP OF GOD
Xcw-Hiwnor Man Announces Candidacy
l or Governor of Texas.
Houston, Texas, Aug. II. Texas
has a new candidate tor governor In
the person of Scuddy Richardson,
who served reporter on many
southern papers. Richardson has is
sued a formal announcement of hli
candidacy In an altogether unique
platform.
"With the help of Ood I Intend to
be a governor," says he. "I enter the
race seemingly handicapped cut off
from the great political parties that
have ruled the land, but I shall win
as Ood is with me and I stand for
what Is right,"
Richardson opposes prohibition.
"PEOPLE RULE THROUGH
REPUBLICAN PARTY"
Tlila Is Tuft's Answer to I Aryan's
iu-ry, "SI in II tlio People Rule?"
Hot Springs. Aug. 21. "The peo
ple have ruled through the Republi
can party." This Is Taft's answer to
Uryan's challenge "Shall the People
Rule?"
The answer was made In an ad
dress by the Republican candidate
today before a gathering of several
thousand Virginia Republicans who
came from the mountains to see and
hear him. Proceeding Taft, Congress
man C. S. Slemp also discussed Bry
an s question and said that under ex
isting laws in Virginia CO per cent
of the whites and 80 per cent of the
colored population have been disfran
chised and want to know If Bryan
called this a rule of the people.
MANY VILl HEAR
BRYAN TARIFF TALK
The Commoner Arrlvrs at Ies Molnea
And Id Mot by an EutliuaiastiO
Crowd.
Des Koines, Aug. 21. Hosts have
come from all parts of Iowa to meet
Mr. Bryan and fully 6,000 people from
out of town are expected to attend
the two big meetings this evening
when Bryan enters actually Into the
campaign delivering his speech on
tariff.
Bryan arrived at 9:30 this morning
and was met at the train by a crowd
of more than a thousand people. He
was escorted to the Savery hotel and
there forced to hold an Impromptu
reception.
KIMiED BY LIVE WHUi
Chicago, Aug. 21. Wesley Ru
dolph, five years old, and hi sister
Adele were playing ln the yard of
their home ln Batavla. A live wire
was blown Into the yard by a storm.
The little girl picked It up and waa
Irudantly killed by a current ot 1,200
volts.
REVOLUTIONISTS TAKE
VENGEANCE ON A
FAMILY
Russian Agitators Attack tho
Home of Jewish Family
Who Gave Information
to Officers.
PARENTS AND TWO
CHILDREN KILLED
Not Content With Throwing Bomb
and Shooting Into House the
Agitators Attack Hospital
and Kill Wouaoed
There
St. Petersburg, Aug. 21. News has
reached this city of the terrible ven
geance taken by revolutionists of Ytt
rievka, in the Ye-kuterlnealav prov
ince, upon a Jewish family named
Kdelsteln, who were accused of giv
ing Information to the authorities re
garding the activities ot agitators
against the government, .
The revolutionists went to the KJ-
elsteln home at midnight, threw two
bombs through the windows of th
house and then opened fire on tba
occupants with revolvers. The father,
a daughter, a woman guest and her
child were killed by the revolver fir
and the mother, a son, a son-in-law
and two grandsons were wounded.
The revolutionists then retired and
tho wounded were removed to a hos
pital. Later a well armed band ot
about forty or fifty men entered the
hospital, overpowered the nurses and.
guards and shot to death the mother
and son a they lay woundod ln their
beds. They then left the hospital
and made good their escape.
SANTA fe mm .
- RACES -WITH DEATH
Slio Lands From siohiimt and tAm-lie
Train lu Thirteen Mlnutca.
New York, Aug. 21. Mrs. M. S.
Eylar of Santu Ke, N. M., received a
message while In London that her
mother was dying In Santa Fe and
took the first steamship from South
ampton and sailed for this port, Ph
arrived yesterday within fifteen min
utes of the time the next train for
Santa Fe was scheduled to leave.
Having explained her haste to (JoL
Bishop of the port surveyors staff har
trunks were runhed through and aha
was on the Sunta Fe train In 13 min
utes from landing.
JAPAN NOT A PARTY TO
UlillUlNU SKA TREAT!"
Tokio, Aug. 21. The report that
Japan has opened negotiations fr
participaton ln the American-Ruar-lan
Behring tm treaty is prematura.
This country may, however, consent
to be a party lo the agreement it
overtures to that effect are made.
The authorities here ridicule th
alleged proposal for an alliance be
tween America and China, and de
clare that busybodles are trying lo
sow discord between Japan and
China.
A.v i;irron is arrester.
Seoul, Aug. 21. The British con
sul general today unconditionally sur
rendered to the Korean authorities
the editor of the vernacular edition
of the Dally News, who escaped from
the police August 13, and sought ref
uge ln the home of B. T. Bethel, Eng
lish proprietor ot the paper. Tha
trial of the editor will shortly take
pUce on the charge of being connect
ed with the mlsupprorlatlon ot part
ot the Korean national loan redemp
tion fund.
F.NTERT.WXINO THE SAILORS.
Syndey, Aug. 21. Following the
official landing of American visitors
today and the public reception, tha
city, harbor and shipping were bril
liantly Illuminated this evening. Tha
governor ot New South Wales. Sir
Harry Rawson, gave an official din
ner in honor ot the American officials
and the commonwealth government
entertained tha officers, sailors and
marines.
COMMERCIAL CLUR VISITORS.
The following registered at th
Commercial club In this city yester
day, stopping here for the day on
their way to their respective homes
aftor attending the convention at San
ta Fe: W. H. Medowan, Denver;
Robert Kellahln. R. F. Barnett. L.
Martini Manctnl. L. O. Fuilen, C. W.
Freest and J. C. Hamilton, all of Ros
well, N. M.; J. Hunsaker, Everett,
Wash., and Jerry Haggard, Bristol.
Tenn.
In addition to the above wer-t:
Geo. Lee Ferguson, Plalnvlew, T i ;
F. M. Morton, Hajfkcll, Tei ; T. O.
Woffard, Van Horn, Texas. Th
party was In the city and recent'y
purchased rarge tracts of land In this
vicinity. They were much pleased
with the prospects of farming In this
section of the country.
o

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