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THE ALASKA DAILY EMPIRE
VOL. V., NO. 641. JUNEAU, ALASKA, WEDNESDAY, AUG 11, 1915. PRICE TEN CENTS. - ? . . . w?? F 5 - - ?? HZZ i ASSEMBLY ACTS ARE VALIDATED Tho Territory of Alaska won an important victory in the United State* district court this morning. Judge Robert W. Jennings dis missed the demurrers tiled by coun sel for the Hoonah Packing company, to the suit brought by Territorial Counsel Cobb for the collection of 1915 license taxes, which virtually amounts to the validation of the Legislature's tax measure, and sustained the Ter ritory's demurrer to the suit filed by the First Division's legislative dele gation. to prevent Territorial Treas urer Smith from paying out the forest reserve moneys to the other divisions of Alaska, for road improvements. Territory Is Upheld. In other words, the acts of the Ter ritorial Legislature are uphetd, with out reserve. The court ruled only on one of the tax cases, that against the Hoonah Packing company. The oth er defendant, the Alaska-Pacific Fish eries company, had stipulated to abide by the courts decision in the Hoonah Packing company case, as the suits were identical. In the road money case, J. u. Heia. counsel for "the members of the First Division," gave notice that he would appeal the case. He will file a bill of exceptions within the next sixty days. The court allowed the request "Road Act Constitutional." "For the court to declare an act of the Legislature of the Territory of Al aska to be against the Organic Act? that is to be unconstitutional?at the suit of a person who shows no great er interest than the plaintiffs in this case show themselves to possess would be for the court to assume an unwarrantable and almost unheard-of power. The demurrer Is sustained." In these words Judge Jennings closed the announcement of his de cision in the case of Held. Sulzer et al vs Walstein G. Smith as Treasurer of the Territory of Alaska. The ac tion brought to restrain the Treasur er of Alaska from disbursing moneys received from the sale of national forest timbers in uccordance with the recent provision of the Territorial Legislature. Qne of the main arguments offered suit was the fact that the Organic Act by the plaintiffs in support of their provides that moneys received from such sale shall be used for the bene fit of the county in which the source of revenue exists, and argued that since there are no counties in Alaska and that the whole source of the mon eys under discussion was within the bounds of the First Division, the funds should'be expended for the ben efit of the First Division and not for the benefit of the whole territory, as divided Into four parts, in accord ance with the enactment of the Leg islature. "Of course," said Judge Jennings this morning, "there is no magic in the word 'county.' If there are sub divisions in the Territory of Alaska possessing the substantial attributes of what are called counties the name of the subdivisions would not be im portant. "The judicial divisions of Alaska are in a great measure analogous to counties?they are subdivisions of Alaska both for judicial and political purp > ,????? it is true that the tMvisit have no fixed entity, no coun commissioners, no county gov ernment. no county Institutions, and neither raise nor expend funds pro vided by local taxation; but for ail that they are more nearly analogous to counties than anything else we have. Money Belongs to "State." "There are three very substantial reasons." the court said in closing.' "why this suit cannot be sustained. The whole state has an interest in the disposition of the revenue of a county and for the public good the Legislature must have the power to direct its ap plication. "The trust expressed in tho act of Congress is a* trust personal to the United State and this suit is not brought by the United States. Con gress virtually said: 'We grant this money to the Territory of Alaska for the benefit of roads and schools in that part of the territory which pro duces the money and we trust yon to so apply it." If the Legislature does not so apply it no one but the donor can complain, and the donor is the United States." The tax demurrer was filed by the iloonah Packing Company on the ground that there were not sufficient facts stated to sustain the action of the Territory, that the Legislature had no right to impose the tax. and that the law was not constitutional since it opposed the Organic Act. MILLIONS ON TRAIN. NEW YORK. Aug. 10-Thirty-five millions of dollars in gold and fifteen millions of dollars in securities, con signed to Baltimore from London, ar rived here from Halifax on a special train today. *?? + + ? + * + + ???>*?*'? ? WEATHER TODAY ?? ?f. Maximum?62. <? + Minimum?41. + + Rain?.S7 in. + ?++?++*++??+?+??? MARKRUD ADMITTED | TOBONDS John Markrud, accused of contrib uting to the delinquency of Alice Nel son, a native girl, who says she Is 15 years of age, was admitted to bonds by Judge Robert W. Jennings this morning. An apeal had been taken to the district court by Attorney Z. R. Cheney, representing the defendant Markrud had been bound over to await the, action of the grand jury on the charge of statutory rape. He was denied the privilege of giving ball on account of a provision in the Alaska statute. He appealed from the order of Commissioner Marshall refusing to allow ball and Judge Jennings held that the statute did not apply. The defendant was released from the fed eral Jail this afternoon, on bond of $5,000, furnished by Henry Olson, EL J. Raymond, W. W. Casey, William Lkrnch and Peter Carlson. Yesterday the defendant was denied his release, on habeas corpus proceed ings. BANK CASHIER CONFESSES HE FAKED ROBBERY CEDAR RAPIDS. Iowa. Aug. 11.? L.eo Perrin, cashier of the Cedar Rap ids National Bank, confessed to detec tives today that he was responsible for the robbery, a week ago today, of $21,300 from the bank vault. At the time of the robbery, Perrin was found in the bank vault, appar ently in a hysterical condition. He claimed that he had been held up and locked In the vault by a lone robber. Half of the money was re turned to the bank today. U. S. INSISTS IT CAN SELL MUNITIONS WASHINGTON, Aug. 11.?Insisting that the United States has every right to sell arms and ammunitions to the Allies, the government's reply to the Austrian noto of protest, was des patched to Vienna today. WASHINGTON AIRMEN MUST STAY AT HOME ?? , WASHINGTON. Aug. 11.?Aviators In Washington State have been warn ed against making flights across tbe border into British Columbia. Sir Cecil Spring-Rice, British ambassador, notified Secretary Lansing, of thp State Department, today, that the flights would be unsafe, intimating that the airmen might be attacked by the Canadian military. WIRE DRAG ONLY METHOD?DR. JONES SAN FRANCISCO. Aug. 11.?After telling the Pacific Fisheries Society of the "dilapidated, unsafe and unsea worthy condition of the survey steam ship operating in Alaska." Dr. E. Les ter Jones, of the Fisheries Bureau, to day declared that the wire drag pro vides the only adequate means for sur veying the Alaska channels, passages, bays, inlets and harbors. AMERICANS GIVE $25,000,000 FOR RELIEF NEW YORK. Aug. 11.?It is esti mated that war relief contributions in the United States ? have aggregated $25,000,000 in cash and $5,000,000 in supplies. | NEARLY 17,000,000 AMERICANS AVAILABLE FOR WAR DUTY WASHINGTON. Aug. 11.? Reports of the state adjutant generals show that there are nearly 17,000,000 men of military age (between 18 and 44 years in the United States.) TEN ORDNANCE EXPERTS QUIT AMERICAN ARMY WASHINGTON. Aug. 11.? So far ten of the best experts of the ordnance department of the United States army have retired, or resigned to take posi tions with munitions manufacturers. ILLINOIS STATEHOUSE GETS INTERESTING RELIC SPRINGFIELD. Aug. 11.?Memorial Hall in the Statehouse has acquired another relic, a five-foot white oak lok from a tree that stood between the Union and Confederate battle lines at Chickamaugua. Sept. 18, 19 and 20, 1863. Twenty missies have been counted in the log? pieces of shell, cannister and one six-pound shot as big as a man's fist. Mrs. Charles Rid another relic, a 5-foot white oak log to the State as a memento of her husband, who acquired it some twen ty years after the battle. MRS. ROCKEFELLER ,N SEATTLE. SEATTLE. Aug. 11.?Mrs. William G. Rockefeller, widow of the late mon ey king, and a sister of John D. Rock efeller. is a visitor in Seattle. EX-SENATOR IN SEATTLE. SEATTLE. Aug. 11.?Theodore E. Burton, former United States Senator from Ohio, who is touring the West, arrived in Seattle this morning. SAILOR RESCUES TOURIST Miss Helen Hopper of Denver, an excursionist aboard the steamship Dolphin, was rescued from drowning at Haines Monday aftornoon by Victor Peterson, a sailor aboard the vessel. The heroism of Peterson will be re warded before the Dolphin reaches Seattle on her present voyage. Pas sengers and'members of the crew had raised $100 yesterday, when the steamer touched here, to buy Peter son a gold watch, suitably engraved. Miss Kcpper slipped on the edge of the dock at Haines and fell Into the wator. Peterson wa3 working on the deck of the steamer. He dived Into the water and seised the drown ing girl by the hair. Holding her with his right hand, he clung to a piling until a rope was lowered to -him. As the steamer way lying close to the dock, there was little room to swim, and Peterson's task was not an easy one by any means, passengers who witnessed his act said. The young woman was suffering no ill effects of her experience yester day. She says "she could not swim a stroke." CLARK HOWELL PICKS WILSON TO WIN ONCE MORE SEATTLE, Aug. 11.?Clark Howell, editor and principal owner of the At lanta Constitution, and member of the Democratic National Committee from Georgia, who Is In Seattle said In an Interview given out here that President Woodrow Wilson will be unanimously re-nomlnated by the Democratic National convention next year, and that he will be re-elected President of the United States. SEATTLE DRYDOCK TO BUILD LINER SEATTLE, Aug. 11.? Contract for the construction of a 6,000-ton steel passenger steamship for the Ward line, to be operated between New York and Cuba, was yesterday awarded to the Seattle Construction & Drydook Company. The keel will be laid some time this month. AMERICANS BUY INTERNED SHIP SEATTLE, Aug. 11.? The German ship Steinbek, which was loading lumber at Bellingham when the war broke out. and which Is now lying in terned at Eagle River, near Seattle, him been sold in New York to Ameri can shippers, and will bo placed un der the American flag. The pur chase price was $70,000, or double the sum the Steinbek would have brought a year ago. CHICAGO EXCURSION BOATS IMMORAL CHICAGO. Aug. 11.?"License is synonymous with liberty on most of the excursion steamers out of Chica go. and the moral atmosphere is of the free nnd easy kind. Conventions are cast to the wind. Excesses are permitted. The whole influenco of the life aboard during week end and holi day trips, so far as it bears on the young, is demoralizing." These are the conclusions formed on the basis of the reports made by investigators for the Juvenile Pro tective Association within the last few weeks. MANY HOUSES ARE INCREASING WAGES BOSTON, Aug. 11.? The Locomo bile Company, of Bridgeport. Conn., will put into effect as of Aug. 2, its profit-sharing plan similar to that of Henry Ford's. The wages of every employee will be increased from 8 to 13 per cent. 3000 are affected. The company is working on touring cars for Russia and auto trucks for the British army. International Motor Co. Acts NEW YORK. Aug. 11.? The Inter national Motor Company has granted Its 1500 employees an eight-hour day, a 10 per cent increase in wages and a 20 per cent, war bonus, thus putting a damper on the strike movement. Raise For Steel Workers PITTSBURGH, Pa.. Aug. 11.?A vol untary increase in wageB which will average about 10 per cent, was grant ed 17,000 employees of the Bethlehem Steel Company. Shoe Makers Get Raise BOSTON, Aug. 11.?Brockton shoe factories have more work than at any time since the war began, a majority being rushed with army shoe orders. WEEKS SAYS UNITED STATES MUST SELL PANAMA BONOS BOSTON. Aug. 11.?Senator John W. Weeks of Massachusetts, says that the United States treasury will be em pty in 90 days unless extraordinary methods are adopted to replenish it. and that the administration will have to issue Panama canal bonds to pay operating expenses. BIG GAIN MADE BY ENGLISH LONDON. Aug. 11.?'"Tlio British at Hooge, France, have regained a great deal of ground which they loat to the Germans ten days ago. Our troops advanced In the face of flaming Gor man gas attacks, and captured 1,00') yards of front." This is the substance of a report made to the war office by General French today. MORE TROOPS ARE LANDED ON GALLIPOLI LONDON, Aug. 11.?The Allies pro pose at once to begin a greater effort than ever, to forco the Dardanelles and thus bring succor to the Russians, according to military critics. The British froces landed today in the vicinity of Karachali, on the north of the Gulf of Saros and the of fensive has been resumed both at the southern end of Gallipoli peninsula and north of Gabatep. TURKS ADMIT LANDING. CONSTANTINOPLE. Aug. 11.?En ver Pasha confirmed today tho report that fifty thousand allied soldiers had made a landing near Karachall, on Galllpoll Pelnsnla. Tho Grand Duke of Mecklenburg, Germany, has been appointed com mander in chief of tho Turkish forces in the Dardanelles, succeeding Field Marshal Llman von Sanders. ROUMANIA TO HELP ALLIES IF CONDITIONS ARE MET LONDON, Aug. 11.? A Bucharest dispatch aays that it is declared that Roumania will enter the war on the side of tho Allies provided the Rus sian offensive in Bukowlna be renew ed; also provided tho Allies furnish the needed ammunition. Austria Refuses To Give Up Territory LONDON, Aug. 11.?A Rome spec ial says Emporor Francis Joseph has advised the Kaiser, In reply to his re quest. that Austro Hun clary cannot cedo any terrltoryi.hr Roumania as her price for neutrality. GREECE RETURNS FLAT NEGATIVE TO BULGARIA LONDON, Aug. 11.?"Greece will not cede one Inch of territory to Bul garia," was the substance of a reply made by Premier Gounaris to a dele gation of Macedonian deputies who asked a statement relative to the pur pose of the government, says a Rou ter dispatch from Athens. ZEPPELINS KILL WOUNDED SOLDIERS PETROGRAD. Aug. 11.?A Zeppelin dropepd bombs on a Russian hospital train as It was passing through Minsk Province, and three wounded soldiers were killed, the war office reported today. An aerial bomb also was dropped by the Germans on a hospi tal train in Sledlce, Poland, and a great number of wounded were report ed killed. DANCED WITH FIANCE; WENT TO HIS DEATH LONDON, Aug. 11.?'The Dally Ex press, describing the death yesterday of Flight Sub-Lieutenant .Reginald Lord, who was sent up to attack Ger man Zeppelins, said: "The death of Lieutenant Lord was doubly tragic, for within half an hour before the time he ided he was dancing with the girl to whom he was to be married. She was Miss Violet Beevor, daughter of Lieut.-Col. Beevor of the Scots Guards, who is now at the front." GOVERNMENT IS OPERATING WESTPHALIA COTTON MILL AMSTERDAM. Aug. 11.? All Ger man cotton factorlen in WoBtphalia are now being worked under state control to insure an equal division of raw cotton. 12 CRAFT SUBMARINED. LONDON, Aug. 11.?The destruc ton by Gorman submarines, of eleven more British craft, including seven trawlers, was announced today. One of the vessels sank was 4the British steamer Rosalie, which sailed from Shields on August 10. She was tor pedoed and ran to the beach. Her crew was saved. ++*****+*****++++ * * ? EASTLAND OWNERS * * UNDER INDICTMENT + ? ??? + Chicago, Aug. 11. ? Indict- * * ments charging manslaughter * -t- and criminal carelessness were ? returned by the Cook Countv ??? grand jury today in connection * + with the Eastland disaster. <? + Capt. Harry Pedersen, the * ?> chief engineer of the Eastland * + and officers of the Chicago * + Steamship Co., owners of East- * * land, were named in the indict- * ? ments. , .5. ? ? ************* ***** WARDOGS SAIL fOR VERACRUZ WASHINGTON, Aug. 11. ? With trouble believed to be im minent on the Mexican border and at Vera Cruz, Mexico, the machinery of the army and navy departments was set in motion and official Washington was astir to watch developments at both points. As a result of threatened anti foreign demonstrations at Vera Cruz, orders were issued at noon for the Atlantic fleet, now at Newport, to be prepared for im mediate departure for Mexican waters. Later Secretary Daniels of the navy, said he had ordered the battleships New Hampshire, Louisiana and Connecticut "to go to Southern waters," and would announce their destina tions later. The New Hampshire and Louisiana are now eighteen hours out of Newport, with seal ed orders, and the Connecticut is in Haytien waters. It was generally understood that all three vessels were headed for Vera Cruz. CARRANZA WARNS LANSING. That General Carranza was precip itating the ncwst trouble with the United States was the claim of the United Press this afternoon. Carran za-sent Secertary Lansing, of the State Department, a shorp note, ndvis-< ing him to "cease meddling with the afTairs of Mexico." Simultaneously Carranza sent a message to the Pan American conferees, notifying each that they "had bettor keep their gov ernments out of the conference." Secretary Lansing and the conferees who received copies of Carranza's note were unanimous in their verdict of what it meant. "It is little less than a document of open defiance to the efforts of the United States and the Pan-American republics to bring the Mexican factions into conference for a peaceful settlement of their dlf ferenceb," Secretary Lansing said. Constitutionalists "Alarmed." In a letter to Secretary Lansing, Eleslo Arrcdondo, Carranza's Wash ington agent, says the reports that the conference had undertaken to devise a plan for the pacification of Mexico j "have caused the constitutional gov ernment to feel Justly alarmed." The conference was in session this morning, with diplomatic-representa tives of Brazil, Chile, Argentina, Bo livia and Uruguay present to meet Secretary Lansing. The idea was adopted to appeal to all Mexicans to subordinate their personal and selfish interests to the national welfare of that country and a communication to this effect was drawn up. It will be distributed in Mexico, as both Secre tary Lansing and President Wilson have approved it. BRITAIN MAY INCREASE HER INCOME TAX NEW YORK. Aug. 11? A London cable to the New York Tribune says: "A doubling of the income tax is free ly predicted for the autumn, with a heavy taxation of luxuries. At Spies petroleum meeting, Anan Bryce, brother of I^ord Bryce, estimat ed the loss in bringing money from Russia owing to exchange at 32% per cent. It is suggested that Great Bri tain must aid Russia to prevent the loss this means. The British Cabinet plans the ex tension of the income tax and an in crease of rate so that every Briton, rich or poor, will bear the war cost. WILLIE RITCHIE AND YOUNG SHUGRUE MATCHED SAN FRANCISCO. Aug. 11.?Willie Ritchie, former lightweight champioq, today signed articles agreeing to meet Young Shugrue, the New Jersey light weight. in Madison Square Garden. New York. October 1. HAYTIEN CONGRESS MEETS. PORT AU PRINCE. Aug. 11. ? The Haytien national congress will go in to session tomorrow, and the reorgan ization of the government Is expect ed to be effected without further trou ble. RACE KING DIES CHICAGO, Aug. 11.?John Condon, a race-track king, who at one time owned a group of tracks in the Unit ed States and Canada, died here yes RJNSTON'S REGULARS MASSING AT ^ 8 BORDER AS MEXICANS INVADE TEXAS Carranza Reported to Have Sent a Thousand Troops to Spread Uprising on American Soil WASHINGTON, Aug. 11. ? Late today Secretary of War Garrison telegraphed General Funston that he would send all troops available if the General needed them on the Mexican bor der. At the same time it was announced that General Funston had ordered another battalion of the 9th Infantry from Fort Mcintosh, to proceed by special train to Brownsville, and news dispatches bulletined the situation as extremely critical. WASHINGTON, Aug. 11-?General Frederick Funston re ported today from Texas, that the Mexican border raids are extending more than 100 miles westward from Brownsville, and that one group of Mexicans, armed to the teeth, had penetrated 94 miles into Texas. Ten persons were killed in another fight near Brownsville last night, bringing the total deaths since the Mexican renegades first crossed the border, up to twenty. CARRANZA IS ACCUSED OF FOMENTING UPRISING. Reports have reached Washington that one thousand Car ranza soldiers from the command of General Navarette,of' Tamalpias State, have moved over into Texas, in territory sur rounding Brownsville, and have scatered into small bands. Their purpose, it is alleged, is to rally the Mexicans living in Texas, with the announced purpose of begining an uprising. President Hurries Home. President Woodrow Wilson hurriedly left Cornish, N. H., this afternoon by train for Washington, owing to the seriousness of the Mexican situation. He had not intended to return until tomorrow. Troop Transports Ready. Order concentrating all the available regular army force to the Mexican border were houly expected in Washington. Sec etary Garrison would not discuss the situation but he conferred with officials through whom such orders would be issued. The Secretary later adrtiitted that three transports at Galveston and one at New York were ready to sail at a moment's notice. Call National Guard? Under General Funston's command on the border are 14, i 000 troops. At other posts in Continental United States there 1 are 12,000 mobile troops, and it was being suggested today that if the need of troops became imperative, it might become neces | sary to use the national guardsmen fro various states. PREMIER BORDEN IS HONORED IN ENGLISH CAPITAL LONDON, Aug. 11.? Since his re | turn Monday from the Canadian irenches on the Western front, Sir Robert Borden, Canadian premier haB i>een extensively entertained. He is t he guest of the lord mayor and has received the freedom of the city. He will shortly make a tour of the hospi tals in the Brisctol district, where many Canadian soldiers are convales cent. Lust Friday the Canadian prime minister was entertained in London at the Canadian club by a large and dis tinguished gathering, including the high commissioners of the sister over seas dominions. The toast to the great premier was received with much en thusiasm. cheers being given for Sir Robert and Lady Borden. Premier Borden in the course of his reply said that when he was in Bou logne, after n certain number of re inforcements had been sent from Shornejlffe, there were found a dozen men who bad not been Included, but who had stolen away and went to Bou logne. He said he might also allude to the incident which occurred in western Canada when some men, not included in the detachment for Val cartier, forcibly took possession of a railway car and were not discovered until well on the Journey. LONDON MAY MODIFY ORDERS IN COUNCIL LONDON. Aug. 11.? The London Weekly Dispatch understands the Bri tish government Is about to declare cotton contraband and will offer com pensation to planters and make new ararngementa with the neutral coun tries of Europe, beside taking up the question of modifying order-ln-council to the satisfaction of Washington. LONDON SELLS $500,000,000 IN AMERICAN SECURITIES ??? LONDON, Aug. 11.?The London Economist estimates the total of the American securities actually sold by British holders sinco the outbreak of war was near $500,000,000. This big totnl has been absorbed and yet the British banks are compelled to ship gold to the United States. NEW CORPORATIONS SHOW GAIN OVER LAST JULY NEW YORK, Aug. 11.?The Journal of Commerce estimates new corpora , tionB formed In July in the Eastern i States with a capital of $1,000,000 or . over, at $71,100,000. against $181,247, . 100 in June, and $68,700,000 in July a year ago. SWEDISH ENMITY MORE PRONOUNCED LONDON, Aug. 11.?The London Morning Post declares the attitude of Sweden toward Russia and the latter's allies for some time past has revealed elements of a disquieting character. "Emboldened by recent German successes," the newspaper says, "the latent hostility of Sweden, which has never forgiven the loss of Finland, has become strongly developed. Con siderable preparation for warlike con tingencies have been made in north Sweden and the Swedish army is ful ly mobilized. If Sweden persists in her unfriendly attitude toward Rus sia, the may rapidly drift into a war which would inevitably be a great obstacle to her future progress." The Times in a long analysis of the Swedish situation, says tho war par ty has lost Its importance and the people generally accept neutrality as the wisest course. Will Remain Neutral LONDON, Aug. 11."Sweden's de cision to remain' neutral is as firm as ever," was the reply of the Swed ish minister in London, Count Wran gel, to rumors published In London newspapers this morning of the possi ble participation of the Scandinavian kingdom in the war. "There is no foundation for tho ru mors," the minister said, "and the suggestion that Sweden contemplates action for the recovery of Finland is | absurd. "Premier Sazanoff's speech in tho Duma on Sunday clearly indicates the relations between Sweden and Russia j ure of the most friendly nature." GERMANY AND AUSTRIA HAVE TAKEN LARGE AREA COPENHAGEN, Aug. 11.? Berlin papers declare that the German and Austrian forces now hold 78,378 square miles of the enemy territory. AMERICAN GOODS HELD AT ROTTERDAM ROTTERDAM. Aug. 11.?It Is de clared that $30,000,000 to $50,000,000 of Imports destined for the United States before the British blockade are being held up at Rotterdam. AMERICAN GOODS MAY BE REACHING GERMANY NEW YORK, Aug. 11.?Holland, Norway, Sweden, and Denmark have free access to Germany. To these four neutral countries the United States exports last month were $24, ? 300,000, compared with $11,900,000 In June, 1914.