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t mtt lo.-Fore- - vai ior Arizona: tain in south, snow in 'north portion Friday. BI5BEE DAILY REVIEW New York. March 1C Silver, " 58c; Mexican dollara, 45c. Copper, steady and unchanged. REGULAR MEMBER OF THE ASSOCIATED PRESS. BISBEE, ARIZONA, FRIDAY MORNING, MARCH 17, 1905 NO. 269 VOl- VIII OUTRAGE ON JUSTICE MEYER GUGGENHEIM BILL PASSED IN COUNCIL PROVIDES APPROPRIATIONS AFTER HARD FIGHT COMPROMISE AFTER TUSNING BILL DOWN CIRCUIT COURT BILL LAST APPOINTMENT MADE CLOSING SESSION IN FLOOD SURROUNDED CAPITOL . DEAD IN FLORIDA PERPETRATED BY COLORADO ASSEMBLY IN SEATING OF PEABODY THE COPPER MAGNATE SUC CUMBS TO AN ATTACK OF PNEUMONIA. ACTION YESTERDAY ON COMPROMISE AGREEMENT . PLEDGE OF RESIGNATION IN LATTER BY PEABODY SAID HE WILL VIOLATE AND KEEP OFFICE Denver, March 16. James H. Pea cody'today won his contest for the of fice of governor, from which he retir ed on January 10, after serving a term of two years, but his victory was achieved only after he had given his pledge to resign and surrender the chair to Lieut. Gov. Jesse F. McDon aid. The vote in tho joint convention of ihe general assembly by which Gov. Alva Adams was ousted and James H. Teabody installed was 55 to 41. Ten Republicans voted with the Demo cratic members for Adams. It was more in the nature of a party than a personal triumph, for both Peabody and McDonald axe Republicans and Adams Is'a Democrat Although the Republican majority na ioint ballot is 35. the membership of the legislature being C5 Republi cans and 31 Democrats, it had been found impossible to gain for Peabody enough Republican votes to reinstate liim as governor for the remainder of the biennial term ending in January, 1907. Twenty-two Republican members or the General Assembly, according to report, refused to be bound by any ac tion in caucus on the contest, and en tered into a compact not to vote for Peabodv. The majority of them. however, were in favor of seating the lieutenant governor" in the governor's chair. If means could be found to do so legally. Finally the leaders of tho opposing Republican faction arranged a com promise oy which Peabody could be vindicated by being decked elected, and McDonald would oe made gover nor. At a conference at which the bargain was made, pledges were given to the independent Republicans by the heads of four large corporations which had been in support of Peabody taat he would retire after being seated and penult the lieutenant governor to take J the office of governor. I Gov. Peabody's resignation, it is J said, was placed in the hands of W. S Bovnton, and will be filed by Mm with the Secretary of State tomorrow. J Gov. Adams, who had spent the day packing his effects, surrendered hlsl JAPS HAVE TIE PASS LEAVES MANCHURIA IN THEIR HANDS RUSSIANSJN RETREAT f. KKKKKItCK ! K Hm . V, . V. K . V. K K K VL V. . V. ST. PETERSBURG, MARCH 16. IT IS OFFICIALLY AN- ' NOUNCED THAT GEN. KUROPATKIN WILL BE REPLACED 8 . BY GEN. LINEVITCH AS COMMANDER-IN-CHIEF OF MANCHU- ' RIAN ARMY. 2 U'4-4'ri--rf'4'- 'A It 'A "A 'A 'A 'A 'A St. Petersburg, March 1C With the evacuation of Tie Pass Wednesday night the Russian army abandoned the last stronghold in Southern Man-J churia, and definitely turned over that section to the Japanese for the cam paign of 1905. No other strategy seems possible for Gen. Kuropatkin, in view of his scanty supplies of ammu nition and stores, shattered condition of his army, and wide enveloping movements which the Japanese have continued almost without stop since the Russian defeat at Mukden. ' Nothing has been heard of the part which Gen. Kawamura's army is tak - ' ing in these operations, but Gens. Oku and Nogi, operating in the low hills of Tie Pass gorge ,were sufficient them selves to turn the shattered Russian army out of the fortifications which had been prepared with a view to being held by the army after it should "have been withdrawn from Mukden. The Japanese evidently are doing their utmost to accomplish envelop ment of the Russian army, which all but succeeded at Mukden, but Gen. Kuropatkin, with the railroad for a line of retreat, probably will be able to keep ahead of his pursuers. A constant succession of delays by rear guard encounters may be expected. Military men here have but the haziest ideas as to where the next stand will be made. Apparently there are no more fortified positions in read iness, and' retirement probably will not stop short of Kirin or Kuancheatzy, on the railway line, and if the Japan- ese press pursuit the Russians may retire beyond and up the Sungarl riv - er.there, to await new levies, the mo - b'llization' of which will begin Immedl-(Tsu aieiy in -luspia. , office to Governor Peabody shortly after 5 o'clock this afternoon. Scores of letterfa, telegrams and telephone messages had reached the executive chamber during the day urging Gov. Adams to hold his seat by foice, nut he decided to ignore this advice. In conversation he said he felt outraged at the action of the general assembly, and expressed surprise that Peabody should become a party to what he termed a conspiracy to secure the of fice of governor for a man who had no claim whatever on the place. Lat er Governor Adams will issue a for mal statement to the public regarding the result of the contest. Gov. Peabody was escorted before the joint assembly by a committee af ter adoption of the report, and tho resolutions restoring him to office, fie was greeted with cheers. The oath was administered him by Chief Justice Gabbert. REPUBLICAN CHAIRMAN SAYS PEABODY WILL NOT RESIGN. Denver, March 1C. Standing on the portico of Gov. Peabody's residence to night, while the band played and a chorus of voices shouted congratula tions to the governor, D. B. Fairley, chairman of the Republican State Central Committee, engaged in con versation with a representative of the Associated Press. "Will Peabody resign?" He was ask ed. "I think not," was the reply. "Has he signed a resignation?" "A tentative one, yes." "What will-be done with it?" "Nothing," said the Republican chairman. "Was this part of the plan to seat him, Mr. Fairley?" the reporter asked. "I believe so," responded Mr.' Fair ley. Tho appearance at the door of Mr. Peabody interrupted the talk. Later the governor himseir came out upou tie portico and addressed the crowd. He thanked his friends for their loj- alty, but made no reference to his in tentions regarding the governorship. .1 'A . 'A 'A 'A "A 'A 'A 'A 'A 'A 'A 'A 'A 'A 'A 'A X AMERICAN EMBASSY HAS PALACE AT ST. PETERSBURG. St. Petersburg, March 1C. George v.on L- Meyer has leased the famous -nieiiucuei raiacu mr ins residence during his term as American ambas sador here. It is an imposing struc ture, located on the fashionable Ser geiefskaia, near the French and other embassies. Its Interior is one of the most gorgeous in St. Petersburg. The palace has been the scene in the past of many famous entertainments. The family of Kleinmichel was ennobled by Catherine the Great. Since the Aariy f tIiu 1-to ffim "matnmtftYxat hI ,,, hna ,.-,, iha -,,., T, - was occupied for several years by Frincc Pio, the Spanish ambassador. but for some years has been unoccu pied4 . PEASANT RISINGS SERIOUS. VALUABLE PROPERTY BURNED St. Petersburg, March 1C. Events vpstprflflv Hrpw nttpntinn tn thfi seri ousness of the peasant risings, the lat est of which is near Kieff. Here three, sugar: refineries were burned, in eluding one belonging to. Grand Duke Michael Alcxandrovlch and one be longing to the Baron Meyendorff. At Kouska the property of Prince Baria tinsky has been pillaged. At Tarn boff also the peasants are rising. JAPAN SEIZES BRITISH SHIP BOUND FOR VLADIVOSTOCK, Tokio, March 16. The British steamer Saxon Prince, bound for Vlad 'Ivoatok with a cargo of steel rails, was ' seized March 9 by the Japanese in the Straits and taken to Sasebo for . iriai $$S8S3$33SS3S3 5 DOMINICAN TREATY WILL PROBABLY DIE. ?- Washington, March 10. Re publican leaders of the Senate are all at sea respecting action advisahle to take in regard to Santo Domingo treaty. Recognizing that the Demo crats control more than one third of the votes, and that two-thirds are required to rat ify the convention, the senti ment of Republican leaders is that the treaty should be with drawn by the President. On this subject the Senate and the President do not agree, and the idea prevails that arter one or two days more of in consequential discussion the special meeting' will be allow ed to adjourn without date, in which event the treaty will lapse. This plan, however, is not popular In the Senate, and a way to avoid it is being sought. S S jSc$85S5SS$sSSS3S STRIKE DIFFICULTIES NOT OVER. New York Transportation Companies Find It Necessary to Take Back Many of Old Men. 6 , New York, March 1C. Traffic ori the elevated roads and In the subway has not yet been regulated in a man ner that gives adequate service during the rush hours. A number of old employes who have been reinstated have charge of the express trains, but the irregularity of locals run by strike breakers have rendered efforts to im prove the service fruitless. Over a thousand strikers have been given their old positions, and the com pany is considering the applications of many others. Several minor ac cidents have occurred In the last few days. ATTEMPTED STABBING.- Mexican Unlimbers a Knife on huahua Hill. Chi For attempting to stab a fellow Mexican on Chihuahua Hiir yesterday, Juan Palos was sent to jail for fifteen days. The affray grew out of a drunken brawl. Officer White was summoned to arrest the knife-user by the man he attempted to stab. In court the evidence was of such a rambling kind, mixed with all the in trlcacies that the witnesses could sum- mon, that the court at the conclusion of the hearing could not determine from what had been told whether there was an attempt at cutting or not. The man with the knife was, however, clearly shown to have been disorderly. o Y. M. C. A. OFFICIALS Arrive at Douglas to Look After New Building. Douglas, March 1C G. D. McDill who has general supervision of the buildings erected by the Y. M. C. A. In the United States, arrived in town yes terday. He was accompanied by P. P. Kelly, of Boston, an architect and superintendent, who will have charge of superintending the work on the Douglas Y. M. C. A. building. Mr. McDill expects to return to Chicago tonight but Mr. Kelly will remain here and give his entire time to superin tending the construction of the new building. Contractors Stewart and Crawford have the work welL- under way on the excavating and will commence laying the concrete some time next week. BOARD OF PARDONS For Second Time Saves Lives Condemned 'Murderers. of Harrisburg, Pa., March 1C. The Pennsylvania Supreme Court, having decided yesterday to send the case of Samuel G reason, colored, under sen tence of death In Reading for the mur der of John Edwards in 1901, back to Baker County court, the Board of Par dons today granted continuance in his case" and also in that of Mrs. Kate Edwards, white, who Is also condemn ed to death for the same crime. The Board of Pardons has twice refuse to commute her sentence. o PROMINENT CATTLEMAN Of Southwest Dies Suddenly in New Mexico. Santa Fe, N. M March 16. Gen. B, S. Benson, one of the best known cat tlemen of the Southwest, and who held important positions in Iowa be- .fore coming to New Mexico, droppedTleftyesterdayHor'avisitia'UPasadena --.. .-J 1- ,.., At--. 1. l - . .-rTTi.- .1-!Tt-- , .. aeaa ioaay wmic siiung on uie-poruu of Ills ranch house south of Carlsbad. Was Nearing 80 Years of Age Man Who Began Wonderfully Successful Career Peddling Stove Polish, Died Worth Millions. New York, March 1C. A dispatch from Palm Beach, Fla., reports the death of Meyer Guggenheim, tho cop per capitalist. Death was caused by pneumonia. He was 78 years old. Mr. Guggenheim was the Head of the firm of M. Guggenheim's Sots, owners of mining and smelting enter prises In the United States and throughout Mexico. He began his career as an itinerant vendor of stove polish. Accumulat ing some money, he Invested it In Col orado mines, and later went into tho smelting business at Denver. Ho also erected a large smelter at Pueb lo, Colorado. The fortune left by the deceased will amount high in the millions. He had given liberally to philanthropic enterprises, and his name was well known in municipal affairs and civic reform. DRILL FOR THE TRANSVAAL. Superintendent Neer Will Have Dia mond for Sonora Property. C. L. Neer. of the Transvaal, re turned to the mine yesterday after spending several days here watching the operations of diamond drills. He was so well satisfied that he will rec ommend that one be installed at the Cobre Rico mine to explore the al leady well developed ore body. A new ore strike has been made in the shaft of the Transvaal mine No. 1 on the 400 foot level. Water in large volume has Interfered with the devel oping of the new strike; but at the last report the water had been lower ed to nearly one-fourth its original volume by the big pumps recently In stalled. Two cars of CO per cent matte are awaiting transportation at the new smelter, and work on the big smelter at the Cumpas river is being carried on as rapidly as the arrival of material will permit. Twenty-six cars of smelter material are in transit. o BRITAIN STORM SWEPT GREAT DAMAGE AND MUCH LOSS OF LIFE ON THE COASTS of England' and Ireland North of Lat ter Heavily Stricken in Early Morn ing Ship Goes Down with 23 of Crew. London, March 16. A storm of hur ricane force burst over the Irish and English coasts during the night and It is feared many disasters have oc curred. Telegraph lines are broken at many points, j The British ship Khyber has been totally wrecked off the Corean coast. Twenty-three of her crew were drown ed. Only three were saved. The Khy ber sailed from Melbourne, October 20, for Queenstown. The storm swept over the nortn of Ireland In the early morning and did great damage to property, fears arc entertained for the safetv of the fish-! ing fleets. High winds have caused terrible havoc along the coast3 of the United Kingdom. .Life boat stations are busy and ships everywhere are seeking shelter. A number of minor wrecks, accompanied by loss of life, have been reported. Terrific seas are running. o Had Stormy Passage Miss Lola Gasper has returned from a three months visit in California. Miss Gasper was a passenger on the steam er Queen during passage south, in the worst sto-m on the coast In sixteen years. All of the stale rooms on the seaboard side of the steamer were flooded on the main deck at one time during the trip. -b Coast Lines Crippled. All the coast lines of railroad are reported severe ly crippled as the result of the recent storm. Between Los Angeles and San Francisco traffic Is practically sus pended. The Santa Fe is in little bet ter shape entering San Francisco than is the S. P. The through trains of the latter have all been off of time on the main line at Benson for the last several days. 6 Harold Beecher, In advance of the "Hills of California Co.," which ap pears at the Opera House In this city Sunday evening, arrived in town yes- terday from Phoenix, Mr. Beecher should have been here last Sunday, tural or grazing lands have been is but was delayed three days at Phoenix sued on the same tracts. Coal lands by reasou of railroads out of( the town being closed. rfr- Wm. Truax left this week for Los Angeles, where he expects to make his future headquarters. With his departure he disposed of his interest in the English Kitchen to L.' A. Brown. o 1 Judge Haleand wife,.aftVri a sever - ml -r.aaV, wlalt-'ln Ilia Mltw rnM T,1t,IV 'oeioro reiurningsio, ineir nome in me East." "UyJjilPF Phoenix, March 1C. The governor today presented a list of appointments which was approved by the Council. They were as follows: Public Administrator W. C. Foster, Phoenix. Live Stock Board Hurst, Phoenix; Geo. Pusch, Tucson; II. A. Perkins, Yavapai. Equalization Board Same as Live Stock Board, with the addition of tho name of J. Wood Winslow. Regents of the University Walter Talbot, Phoenix; M. Freeman, George Uoskruge, Chas. Bayless, Tucson. Dental Board Sims, of Phoenix, and Rhone, of Douglas. Webb's primary election law passed the Council. The bill redistrictlng the Arizona judiciary becomes a law. The governor vetoed the Scott White relief bill. The Council passed the following House memorials: Petitioning Con gress for $75,000 to complete the cap- itol; to raise the governor's salary to $0,000, for $10,000 for purchase otl Xavier Church, Tucson. The live stock bill as amended by the Council, was concurred in by the House by a vote of 14 to 10. EL TIGRE ANNUAL Meeting Postooned a Month on Ac - count of Eastern Interests. The regular time for holding the annual meeting of the stockholders of El Tigre Mining company is on the 18th of March, next Saturday. President Graham states the annual meeting will not be held at that time as the directors and stockholders from Kansas City cannot then attend The meeting will be called by Presi dent Graham and then postponement will be taken to April 26th, when the Eastern stockholders and directors will be on hand- Regarding progress at El Tigre Pres ident Graham states that he is in re ceipt of most satisfactory reports, but that he was unable to reach the camp last week when he tried to, do so. At the Yaqui river he intended to cross on the cable and ride Horseback from there to the camp. In trying to swim the horse across the river the animal was drowned, so Mr. Graham returned. All the supplies for El Tigre camp are crossed the -river in boxes swung on cables and then packed to camp. The continued heavy rains during the win ter have made much trouble for the EI Tigre and other mining camps in Sonora. AGUA PRIETA FIGHT. $1 for the Round Trip Rate Announc ed by Railroad. A rait; of SI for Uie round trip wiii prevail on the E. P. & S. W. to Doug las and return Sunday on account of the Agua Prieta bull fight. No special train will be run, extra coaches be ing provided on the regular trains. At Agua Prieta the same bull fighters will appear who gave so much satis faction at Naco last Sunday and the prospects are fair for a better attend ance from Bisbee than an Agua Prieta engagement has1 drawn in a long time. -d Mrs. Ed Hughes and Mrs. Manley left yesterday for Cananea. EXTENSIVE ARE FRA UNEARTHED Salt Lake City, Utah, March 16. Government officials investigating the sale of public lands in Utah have dis covered that thousands of acres of coal lands, valued at millions of dol lars, have been secured by questiona ble methods. Lands have been filed upon as coal lands and filings allow- ed to lapse, while patents as agricul- cost 20 per acre, while agricultural or grazing lands may be bought for $1.50 an acre. Double filings were necessary to the scheme, and were made possible by the use of the two land offices in the state. The filings as coal lands were made In tho government land office, thus keeping others off the property. 1 while the filings as agricultural or wiTiflP InnH TOPrft THAila With the State land board. ' . r .. AAA, mtABllniKllitA fil. ui uiuiu man .,vuu iiuuu-u-v u. " Ings sixty were made by an employe GORP I A big fight in the Council over the buciai aypruynauon uiu, on account, of the Reform School appropriation, resulted In tho defeat this afternoon of the entire bill by a vote of six to six. The Benson school adherents were Roeraer, Bernard, Rice, Page, Ruiz and Nugent. A forty thousand dollar Yuma prison appropriation passed the House this afternoon. Phoenix, March 10, 11:55 p. m. The general appropriation bill was held up by the Council for three hours tonight on account of the reform school ap propriation clause. Roemer, in se cret caucus, after a bitter fight, secur ed an agreement for $7,500 per annum for the institution. The House con curred. The appropriation bill gives the At torney General $2,400. The Circuit Court bill was killed in the House. The Yuma lgison appro priation passed the Council unani- mously. Large crowds are in attendance at the last session. While it is in pro- , gress three feet of flood water from y Cave Creek surrounds the capitol building. WHITEMAN INDICTED. . New Mexican Adjutant General Fares Badly. Santa Fe, N. M., March 10. Gen. W. H. Whiteman was indicted by the grand jury today on a charge of ob taining public funds under false pre tenses. He was at one time a Justice of the New Mexico Supreme Court, and for the past seven years adjutant general of the territory, until removed a month ago by Governor Otero, against whom Whiteman filed volumin ous charges, accusing that executive of misappropriating military equip ment furnished by the United States. o Darlington, S. C. March 15. Bob Smalls, convicted of killing Frank Scott, a negro, and Sam Marks, a ne gro, convicted murderer of Hillary Lanston, white, were sentenced to death today on the same gallows May 5. Evansviile, Ind., March 16. Th Ohio river is rising rapidly because of melting snows and late rains, reach ing above the danger line today. Lit tle damage has been done so far. 3-?$S3S3S-3S$S DIVORCE SUIT AGAINST COL. BROUGHT MARTIN. Tucson, March 16. Mrs. J. H. Martin, daughter of the late Judge Barnes, filed suit here iuuay for divorce from Col. Martin, of New York. Eugene Ives appears for the plaintiff, and Hereford & Hazzard for the defendant. There are two grown daugh ters and one bon in the fami ly, all society people. The charge is incompatibility. Mar tin is said to be worth a quar ter of a million. Mrs. Martin has a large share of Judge Barnes' estate. i 'Sj3-$'J'S33!isSS3S COMPROMISING ORATIONS IN UTAH I of the Utah Fuel Company, acting as agent for the entrymen. The Utah Fuel Company is a Gould-Rockefeller corporation, and, through traffic ar rangements with the Rio Grande Rail roads, controls the coal output of tao state. Many innocent persons have been induced to allow their names to be used for filing purposes under the Impression that they were exercising a right. They were paid an average price of $25 each for the use of their .names. Upon receiving the report of the in vestigation it is expected President Roosevelt will Immediately order a. thorough examination into the Utah situatioa. Thescheme Is viewed hero as an attempt to secure absolute con trol of all the coal deposits of the .state. The territory affected In volves parts of two counties In tho eastern part of the state, much of It adjacent to coal mines now being op erated by the Utah Fuel Company.