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ANTA: FE NEW A EX1CAN VOL. 44. SANTA FE, NEW MEXICd FliLEfAY MAY 31, 1907. NO. 91. IN MI Y OF Program Carried Out Despite Rain and Mud DISPLAY TRUE PATRIOTISM Ex-Governor Prince Delivers an Eloquent Address on Memorial Day. Genuine patriotism was exhibited by the Civil war veterans and others who participated in the Memorial Day exercises yesterday afternoon in San ta Fe. Especially is this true of those who marched on foot in the rain through the muddy streets on out to the National Cemetery and then stood on the soggy grass during the cere monies there. The program was prac tically carried out in its entirety des pite the fact that the untoward weath er curtailed the procession and kept many visitors away from the ceme tery who would have 'been present had conditions been more favorable. Would Not Allow Rain to Interfere. . Although the weather from early morning was anything but pleasant the executive comniitte of Carleton Post, Xo. 3, Grand Army of the Re public, would not listen to a postpone ment of the exercises. The program was to be carried out, rain-or shine, it was announced. Consequently at the appointed hour the procession formed and traversed the entire route; many of the marchers being without rain coats or umbrellas and even rubber shoes or hoots. But that did not make any difference. They were imbued with the spirit, of the Jay and did not propose to let the rain dampen their ardor. In crossing the arroyo the fire department's hook and ladder truck which was drawn by a span of mules became mired and was forced to turn back. ' ' j Professor Perez's band headed the. parade and discoursed patriotic airs. The musicians were afoot and march ed four abreast with nothing to pro tect them from the rain save a soli tary umbrella. The 'band also played several numbers at the cemetery while the ceremonies there were in progress. Speech of Ex-Governor Prince. Ex-Governor Prince's address, which was cut short on account of the rain, was in part as follows: "The world has never seen a more touching sight than that of today, as brought before us here in this quiet City of the Dead, and as witnessed all over the land wherever loyal hearts beat from ocean to ocean in the re currence of this beautiful custom of the decoration of the graves of, the defenders and preservers of the na tion. "We are not called to it by; law; there is no requirement, no compul sion by any authority, National or Ter ritorial; but it is a voluntary, spon taneous, heartfelt action of a grateful people. "The cities of the old world and their vast cemeteries are filled with the monuments of the great departed; the Pharaohs raised pyramids, emper ors and kings have created arches and columns, to commemorate their deeds. But what a memorial is this! Not of names carved in the cold, hard and unresponsive marble; but a memorial of undying and loving remembrance In the warm and grateful hearts of a whole people. "And so, all over our land today, loving hands are placing on the grave of each fallen hero the flag for which he fought; and beautiful flowers, spring flowers the red, the white, the blue emblematic of that nation to preserve whose life he was ready to lose his own. All Heroes' Day, "Throughout the Christian world on All Saint's Day the people call to re membrance the virtues of the faithful departed and with loving, though crushed and mournful hearts, devote the hours to thoughts .of those who have been most dear; so on this day which may be called our National All- Heroe's Day, we call to remembrance the valor, the endurance and the self sacrifice of those who died that their country might live. 'And so, with reverence and love, w&are met In this resting place of the departed, on this Festival of Re membrance, to scatter these tributes of ov affection these tokens of our undying gratitude. "It s right for those who rest from their tabors, thus to show our respect and veneration; it Is right as to our selves to demonstrate that we are not ungrateiul nor 'forgetful; it is right to the generation which is rising to take our place?, as it teaches to them the lesson of unfalterlng loyalty, and. Im presses o .their minds how great were the tlls, the pains, the sacrifices of those who through five years of cruel war marched and fought, through hardship and hunger and wounds and death, that those thus to come after might enter into the goo'dly heritage of free institutions and glorious na tionality which is the portion of every Republic." ROOSEVELT SPENDS NIGHT ON SWITCH President's Car Sidetracked Two Miles From Fort Wayne Today Guest of Lansing, Michigan. Fort Wayne, Ind., May 31. The spe citl train bearing President Roosevelt and party left here at 5; 80 o'clock this morning for Lansing, Michigan. The President's car stood during the nlgbt on a switch two miles east of this city, closely guarded. Trip Continuous Ovation. Lansing, Mich., May 31. President Roosevelt's train arrived here at 10 o'clock this morning. Nine stops were made between Hillsdale, Indiana, and Lansing, and each time the Presi dent made a short speech from the rear platform. At several places sa lutes were fired in his honor. 20,000 People Hear Address. President Roosevelt was driven at once to the State Capitol. Here he held a reception In the executive par lors where he shook hands with about a thousand people and then stepped out1 on the balcony and faced twenty thousand people gathered there In an ticipation of his speech. The presi dent was given an ovation when he completed his balcony speech and went Into the hall of the House of Represenatlves where he addressed the state Legislature for about ten minutes. HAYWOOD JURY BYTOMORROW Idaho Murder Trial is Resumed After Several Days' Adjournment New Venire in Attendance. Boise, Idaho, May 31. After a re cess of three days the trial of William D. Haywood, charged with the murder of former Governor Stunenberg, was resumed this morning. Sixty-one new talesmen were in the court-room. It is expected that the jury will be com pleted by tomorrow night. The defense exercised its eighteenth peremptory challenge today, excusing Harmon Cox. Only two peremptory challenges now remain. H. F. Messacer, a farmer, was ac cepted as a juror for the vacancy made by the eighteenth peremptory challenge. Before the nineteenth chal lenge wan used the court took a recess until this afternoon. DENVER CAPITALIST DIES SUDDENLY Walter S. Cheesman Victim of alysis Pioneer of Queen City. Par- Denver. Colo., May 31. Walter S. Cheesman, president of the Denver Union Water Company and one of the foremost capitalists and citizens of Denver, died unexpectedly at 3:35 o'clock this morning. He suffered a stroke of paralysis last Wednesday, but his death was not anticipated by his physicians or his friends. Cheesman was born at Hempstead Harbor, Long Island, June 27, 1838 and came to Denver in 1860, establish ing a drug business. He had been identified with many of the largest en terprises in Colorado and accumulated great wealth, being the largest owner of real estate in the business district of this city. STRIKE ilffi 117,000 Members Naval Reserve Quit Work SMALL PENSIDNSTHE CAUSE Of Trouble Which Involves Entire Maritime Popula tion of That Country, Paris, May 31. French commerce is threatened with complete paralysis as the result of a general strike of sailors belonging tp the Naval Reserve which went Into operation today at all the ports In France. The Naval Reserve numbers about 117,000 men and comprises almost the entire maritime population devoted to the seafaring life. The strike was ordered because the government's bill Inceaslng the pen slons from $40.80 to $77.60 for seamen and from $156 to $200 for captain9 Is inadequate. ROOSEVELT'S PLAIN AND STRONG LETTER President Acted Justly But With Metcy in Hagerman Case. The Albuquerque Citizen yesterday published a letter dated White House, Washington, May 1st, addressed by President Roosevelt to ex-Governor Hagerman anent the request of the latter that action on his resig nation be held off by the President until a full Investigation of the matter could be had by the Chief Executive of the Nation. In order to give it the fullest pos sible publicity and to disseminate its contents among the people of the Territory to the greatest extent, it is herewith republished. Its contents give the lie direct to the foul charges, the dirty slanders, the infamous libels and the false accusations by Mac pherson's Albuquerque Morning Coyote, by the Roswell Democratic Daily Copperhead and by the weekly Democratic sheets in the pay of the Hager man combine and shows clearly how false, how venomous, how dastardly was and is the course of that conglomeration, men and newspapers, and how unfounded their charges against leading Republicans and decent patri otic Republican newspapers were and are. The tenor of the letter Is so plain and unmistakeable, so clear, so direct, so incisive, that no other comment is necessary at this time. The President says: The Letter. "Washington, D. C, May 1, 190". "My Dear Mr. Hagerman: "Mr, Gifford Pinchot has presented to me your telegram to him in which you ask that it be brought to my per sonal attention, stating that hundreds of people have sent telegrams to the President protesting against my ac cepting your resignation, and stating furthermore that if my action in re questing your resignation is not re voked it will be a calamity to- the Ter ritory, and that if I will reconsider this action you are positive I will see the injustice and unwisdom of it from every point of view. Made an Unsatisfactory Governor. "This renders it necessary for pie to write you very plainly. You made, as I am informed, a good secretary of le gation at the court of St. Petersburg. All that I have heard of your private life is to your credit. Furthermore, I believe that you have done certain ex cellent things while you were Gover nor; and of course I will permit noth ing good that you have done to be un done. But I must add that as a whole I think you have been an unsatisfac tory Governor and that your removal from the position is imperatively de manded. If it were not for my knowl edge of your previous career and of your standing in private life, and. my consequent reluctance to. believe iftii your motives were as improper as cer tain of your acts would indicate, I should have removed you instead of requesting your resignation. I have not thought it necessary to go into any matters as to which there was any chance of controversy, and the depart ment of justice has been as anxious as I have been to show you all consid eration, and to resolve every doubt in your favor. Assistant Attorney Gen eral Cooley in his report purposely omitted, as he informed me, the infer ence which he believes ought legiti mately to be drawn from the facts that in the land grant transactions, wherein I believe your conduct was blameworthy, you were actuated in your improper and presumably unlaw ful action by your desire to secure the aid of certain Democratic politicians in the faction fight. 1 decided that in this matter I would give you the bene fit of the doubt, and so as to your ac tion in appointing six members of the Legislative Council to lucrative posi tions, although there seemed to me un moral doubt that this amounted to the bartering of offices by you in return for legislative support. As for the hundreds of persons who have tele graphed me on your account, I cannot say that I have seen all of the tele grams, but I have seen a great many of them, 1 have received an even larger number from persons In New Mexico who protested against your re tention in office. I have also received numerous statements to the effect that neither set of telegrams was really spontaneous. There has been no sin gle instance In which the appointment of Mr. Curry as your successor has not received hearty commendation. Charges Were Not Shaken. "I found that It was not necessary to consider anything save Assistant Attorney General Cooley's letter, from the department of justice. This sets forth a state of facts which your per sonal explanations, when before me, in no way relieved, and which make It Impossible, In my judgment, to retain you In office unless I am content to abandon all Idea of holding public of ficers in New Mexico, or Indeed else where, to any proper standard of offi cial conduct. This report from the, de partment of justice related to your de livery of certain deeds to the Pennsyl vania Development Company. It ap pears that the grant of land, which was agreed to before you became Governor, was on Its face grossly fraudulent; and that the transaction could not be completed save by your action, made with full knowledge of its fraudulent character. An investigation Into the matter of these New Mexican land grants had been made by the Secre tary of the Interior and submitted to Congress. The chairman of the com mittee on public lands of the House, Hon. John F. Lacey, on May 1, 1906, wrote to the Secretary of the Interior that the proposed grant would be u violation of law; the particular grant referred to being, as the Secretary of the Interior officially stated, in all es sential respects the same as the grant you consummated. Grossly Violated the Law. "You state that this document was never officially called to your atten tion, but it appears that you certainly had knowledge of it when you acted; and it further appears that the com missioner of public lands, in view of the report, expressed his unwilling ness to deliver the deeds to the repre sentative of the Pennsylvania Devel opment Company, Mr. Hopewell. It was his business, and not yours, and you could only act in his absence; though of course you could have re moved him, if you had been willing to remove him, for refusing to take the improper and fraudulent actioirwhich in his absence you took on his behalf. You, however, obtained an opinion from the Attorney General (the same gentleman whom the newspapers re port as now organizing meetings to ask for your retention in office), which opinion Mr. Cooley rightly stigmatizes as "an absurdity," for as Mr. Cooley says, it is only explicable on the ground, either that the attorney gen eral thought that there was no abso lute evidence of a violation of the law (a conclusion which it was inconceiv able he could have rea"hed or that you could have reached), or else that as there were difficulties attendant upon the enforcement of the law you should go out of your way to violate it. You took advantage of the absence of the commissioner of public lands on official business to go yourself with the attorney general, Mr. Reid, to his office and yourself complete the trans action. Usurped Duties of Land Commissioner "It was there suggested to you by a clerk of the land office that the mat ter should be delayed until the com missioner could be communicated with, as if you wired him it would be impossible to get him back in Santa Fe inside of two days. You refused to permit this delay; although there was absolutely no reason whatever for such refusal on your part. You directed the clerk to compute the amount due as payment of the prin cipal and interest, and then asked him to deliver the deeds, to which he replied that he had no power to do so and that the seal had not been affixed to twenty-three of them. You then directed him to bring all the papers to your office, together with the seal of the board of public lands, and in the presence of the clerk and of Mr. Hopewell, the beneficiary of your grossly improper conduct, you affixed the seals to the twenty-three deeds, handing them to Mr. Hopewell, asked if he considered that a delivery. Hopewell replied that he did, and han ded them back to you with the re quest that they toe recorded on the deed records of the commissioner of public lands. You handed them to the clerk with instructions to have them recorded and these instructions were carried out. The deeds were returned to you and you handed theni to the attorney of the Pennsyl vania Development Company. You accepted from Mr. Hopewell his per sonal check for $11,113.74, which you subsequently deposited in the office of the commissioner of public lands. The department of justice reports that: Action Illegal and Improper. " 'It seems entirely clear that Gov ernor Hagerman's action was both il legal and improper. '"The action of congress of June 21, 1898, and section 1, Chapter 74, laws of New Mexico, 1899, supra, clearly made the contract illegal at the time Governor Hagerman alleges it was entered Into. The delivery of the deeds could not have been enforced by the grantees, or by the Pennsyl vania Development Company, which was not a party to the contract. The governor had every reason to believe owing to the correspondence with the secretary of the Interior, that the transaction was a very doubtful le gality, in upite of the opinion of the attorney general. It was clearly his duty, In my judgment, to withhold delivery of the deeds and let the mat ter be tested in the courts if the grantees named in the deeds saw fit to mandamus the commissioner of public lauds. His action in usurping the duties of the commissioner in his absence was both illegal and unjusti fiable. It was entirely competent for .him to enforce the carrying out of his wishes by administrative methods in removing the public official and ap pointing in bis place some one In sympathy with his policies, but It was neither legal or justifiable to adopt the course he did.' As to J. J. Hagerman. "With the above statement I entire ly agree, If I permit such an act by the highest officer in the Territory to go unpunished, I can not hold to ac count any subordinate official for any infraction of his duty. It was a grave question in my mind whether I ought not to remove you instead of merely asking your resignation. -I resolved the doubt in your favor and request ed your resignation. Under no circum stances would I reconsider this ac tion. "Secretary Root has banded me a long telegram from your fa-. her, in which he states that 'he wishes me to delay my action on your resignation until you have bad time to answer the charges made against you, which he further states are well known to be unfounded, and ' made by party freebooters to restore themselves to power. Apparently your father does not know, or disregards, the fact that 'ht'He charges are contained in the statement above referred to from the department of justice and in the rec ords of the interior department; that thrre is not the slightest question as to t he facts which were admitted bv you in your interview with me as well as in your Interview with Secretary Garfield, and that you had a full bearing before Secretary Garfield and before me. Under these circum stances what, your father means by saying that the charges are unfound ed I am unable to imagine. If any party freebooter or any one else is guilty of conduct such as yours I will treat him just as I have treated you. With the gossip that your father re peats and the inferences that he draws therefrom I have no concern. As to the charges he by inference makes against others, I can only say that any facts that he will give me against anyone I will consider if I have the power to do so. Charges of a very grave character were made to me against your father himself in connection with his land transactions in the pant. Whether " they were true or not I cannot say, because a preliminary investigation showed that action on them would be barred by the statute of limitations. Curry's Appointment a Personal One. "No one suggested to me the ap pointment of Captain Curry as your successor. The idea was my own, because I wished under the extraor dinary circumstances in New Mexico to find some man whom I personally knew and whose uprightness, strength of character and knowledge of the people and the circumstances I could have entire confidence. Cap tain Curry was one of the best men in my regiment. He has been away from New Mexico for eight years, so that he is in no shape or way identi fled with any factional trouble there in. ' 1 do not. even know bis politics. During these eight years he has done distinguished military and civil serv ice in the Philippines, not only hav ing shown great gallantry in action, but marked administrative ability when in charge ot the 'Manila police (Continued on Page Eight.) PARENTS SEE When Elegant Su burban Home is Destroyed SEnlTSlsfPEBISHEO Father and Mother Badtf Injured in Attempt to Save Loved Ones. Long Branch, N, J., May 31. The bodies of the young daughters of Wal ter Schiffer, Secretary of the United Cigar Manufacturing Company and two servants in his household were found this morning in the ruins of his house which was burned last night. The children burned to death were Marion, aged 10 and Ruth aged 14 years. The servants were Marie Dil ter and Tilly Monthon. Iu attempting to rescue her children Mrs. Schiffer was so seriously burned as to be in a critical condition. Mr. Schiffer and two guests were also se verely burned and four servants sus tained painful injuries. The house was the residence of Jacob Rothschild, which Schiffer had rented. DEATH CLAIMS F EDWARD Examiner of Sur veys For General Land Office T Sister Arrives From Wash ington Too Late to See Him Alive. Death came as he slept to Edward Livingstone Faison, examiner of sur veys for the general land office at Washington, I). C, who expired at : 15 o'clock this morning at his resi dence, No. 101 Palace Avenue. It was known yesterday that the end wan near and it was doubtful if he could live through the night. He retained con sciousness almost to the. very last when he closed his eyes in peaceful slumber and the transition from life to death was scarcely perceptible. Mr. Faison had been an Invalid only a few months. Last October he con tracted a severe cold which affected his lungs and which he was unable to eradicate. His physician advised him to go to the Rocky Mountain region in the hoie that the change of climate and the high altitude would enable him to regain his health, and early iu January of the present year ho camw to Santa Fe. At his request he waa transferred to this city by the land of fice officials and had since made his base of operations here. Mr. Faison was unable to give much attention to his official duties, how ever, since his arrival in Santa Fe. He appeared to be improving and felt that his recovery would be only a question of time, but the climatic benefit proved to be only temporary. His throat became seriously affected which made it difficult for him to swallow any food and thereafter his decline was rapid. He was cheerful during his waking hours yesterday and last night. He recognized the watch ers at his bedside and conversed with them occasionally. North Carolinan By Birth. Edward Livingston Faison was a na tive of Elliott, North Carolina, bora on October 13, 1870, being therefore at the time of death aged thirty-six years. After a common school education he entered Lehigh University at South Bethlehem, Pennsylvania, pursuing a course in civil engineering and re ceived his degree in 1895. For two years he was identified with the U. S. Geological Survey, but during the past eight years he was connected with the surveying branch of the U. S. Land Office. Mr. Faison's duties as civil engineer with the two federal departments made it necessary for him to travel from place to place and during the past ten years he had no permanent home. For some time previous to coming to Santa Fe he had been sta tioned at Salt Lake City, Utah. His wife accompanied him on his travels and frequently went with him on his trips into the country examining sur veys. , Sister Arrives Too Late. Mr. and Mrs. Faison were married nine years ago. Mrs. Faison was for merly Miss Willie Gaumgartner, whose home then was at Staunton, Virginia. They have no children. Sur viving besides the widow are the aged mother, Mrs. Cornelia Faison, of El liott, West Virginia, and an only sis ter, Mrs. Marion Butler, of Washing ton, D. C, wife of ex-Senator Butler, of North Carolina, who is now practic ing law in the National Capital. Mrs. Butler arrived in the city today from Washington too late to see her brother alive. She will accompany the widow with the remains which will be for warded Sunday morning to the old home in West Virginia. Shriner and Knight Templar. The deceased w; a member of sev eral Masonic fraternities which he . joined while at Salt Lake City. He was a member of both the Knights Templar and the Order of the Mystic Shrine. He was also a member of the University Club, a purely social or ganization at Salt Lake City. Short funeral services will be held Sunday morning at the Faison resi dence by Rev. W. R. Dye, pastor of the Church of the Holy Faith. Im mediately afterwards the body will be conveyed to the depot accompanied fry the widow and sister who will take it on their long, sad journey East. C. H. Luckenbach, who died last week and Mr. Faison had been fast friends since boyhood. They were both graduates of Lehigh University at which institution they formed their acquaintance. Butchers' shipping certificates, such as are required by law, printed In blank form by the New MextcM Prating Compuy.