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The Billings Gazette.
Gazette Printing Company, Publishers Issued Semi-Weekly.' TUESDAYS AND FRIDAYS Subscription Rates. One year, in advance............ $3.00 81x months.......... ........ ....1.51 Entered at the Billings Fostofece as Second Class Matter. Tuesday, December 5, 1905. LOOKS GOOD TO BILLINGS. Having been announced officially, " there can no longer be any reasonable doubt as to the intention of the Chi cago, Milwaukee & St. Paul Railway company to extend its western line, , now halting in South Dakota, to the o coast. The announcement is also that , the extension is to behmade forthwith. In -order that completion may be ac- r ,complished at the earliest possible ,date, work is to be prosecuted from o both ends, the "Milwaukee" building ti from the east, and a new corporation, t financed by the parent organization, to C ;proceed from the west. In a general h .way the direction of the road is given. e ,We are told that the eastern end is to t !be built toward the Rocky mountains,. thence in a northerly direction to Butte, thence in a westerly course, crossing the Bitter Root range through the Lolo pass, and on to Wal- c lula, where connection is to be made o with the line building from Seattle and d Tacoma. It is said that an attempt r will also be made to touch Helena, .pokane and Portland. Thus far the matter seems to be tol- 0 erably clear and well defined, but no e account appears to have been taken t ,of the intermediate towns and cities, i those lying in the territory between f the present terminus at Evarts, in 8 South Dakota, and the Rockies. Some ii of the newspapers claiming to have in- a formation on the subject say that the e plan is to avoid crossing the Burling- b ton, when invasion is made of that t' road's territory in Montana and Wyo- h iing. This may be so, but it hardly b seems reasonable. Taking into ac- It count the feeling existing between the e Hill interests and the "Milwaukee" f and the purpose which is responsible 1 for the proposed extension of the lat. i ter company, to an outsider it looks t very much as though little regard I would be paid to the niceties and that a it is to be a scramble for business. It I is, primarily, the divergence of busi ness that formerly went to the "Mil waukee" from its connections with the Northern Pacific and Great Northern that caused the matter of extending westward to be first seriously con- 1 sidered. Before the merging of the two transcontinental roads with the Burlington, the Chicago, Milwaukee & St. Paul and other connecting lines stood on an equality in respect of re ceiving a share of the through freight. With the merger in operation this ceased, all the business was given to the Burlington, even when shippers gave directions to the contrary. Thus a great source of revenue was sudden ly shut off and once more talk was heard of an extension of the "Milwau kee's" line to the coast. This talk, threat, or whatever it may be called, had been heard so often and over a period of so many years that it was no longer taken seriously, no matter how it may have been regarded when originally heard. The Hill interests, the ones most directly and seriously concerned, affected to make light of it and declared that there was no danger, that it took something more than talk to build a transcontinental railroad. Now talk has ceased and action takes its place; the road is to be built with out loss of time. Taking all these things into consid eration, as before said, it is hardly reasonable to suppose that already an anderstanding exists by which any isentimental rights that the existing roads may possess will be permitted to figure to any extent in the plans and :schemes of the new. The country is .settling up rapidly and the time has passed when one or even two railroads can take care of the immense traffic to which it gives origin. It is to be ac cepted that the men who are behind ~the invading company have fully ac iquainted themselves with all condi Utons, present and those to be antici pated, and that they do not intend to deny themselves any of the benefits and good that are to be had by so di trecting their road as to bring them into touch with as many as possible of the thrifty and growing communi ties that dot the prairie between the eastern base of the Rocky mountains and the Missouri river. Evidence of this is contained in the course of the company in building from Chamber 1in to the Black HillUs, with Rap' S~it as the immediate destination. Tbhe Blaek ll1. IeiR bap the benefit of two olpetingr symtyela of railway, the • .aori .* orthwestera and Burling STo.et is ftct does not weigh suf lelentit 1 he "Mlwaunkee" to pre went itf maklng an effost to secure a share of the business to be had there. From the Hills the sodthern branch is to be extended in a northerly direction until it forms a junction with the main line to the northwest. As roughly given out, Billings and Miles City and other towns in eastern Montana do not appear on the new map the directors of the Chicago, Mil waukee & St. Paul are preparing to issue, but this should not be permitted to stand in the way of a sensible be lief that when the map is finally Is sued in its entirety they will occupy conspicuous places upon it. Particu larly is Billings justified to hug that belief, for within a very short time it will be one of the most prominent as well as promising cities in the north west and no railroad running within reasonable distance of it will care to ignore it to the extent of refusing to connect with it. To do otherwise does not seem reasonable. WILL SOON BE DECIDED. Having been tried and adjudicated in the editorial columns of a number ' of the newspapers of the state, the r supreme court is about to pass upon C the ruling of Attorney General Galen relative to the bonds Montana issued for the building and maintenance c of ith higher educational insti tutions. The matter is now before the court on proceedings instituted by ' Charles S. Haire, an architect, who holds a claim of $1,200 for professional 3 services rendered in connection with s the normal school at Dillon. The action is against the. state treasurer and a writ has been issued by the court requiring him to show cause why he shall not pay the claim of the plaintiff. December 9 is the I date fixed for the treasurer to make reply. While whatever opinion the court s may render will, of course, be directly t on the matter at. bar, it will affect the ' entire issue of bonds, as it will settle the controversy regarding the valid ity of all the bonds sold by the state for the benefit of its educational in- c stitutions. The matter is one of deep interest to every resident of the state and probably no decision ever render el by the court since its creation will be as eagerly awaited as this. Should the position of the attorney be up held, it will not only declare void the bonds, but it will also mean that the interest that has been paid on them ever since their disposal was wrong fully paid out and that the state is loser to that extent. In. addition it will saddle a heavy debt upon it, for the obligations thus transferred will I have. to be met by the people. Another serious proposition is the probable ef fect it will have on the different schools themselves as regards the ability of the state to maintain them at the same high standard which now marks them. Whichever way the decision shall be, it will effectually put a stop to the profitless discussion that the opin ion of the attorney general gave rise to. Nothing has been gained by it, interesting as it may have been to some of those who engaged in it. The only way to settle the question has been adopted. Only a few days more and we will all know the result. How the people would like to have it de cidede need not be told. Every one knows the manner in which they re gard the question, but this expression of popular wish will not be permitted to have any bearing on the subject and will not enter into the considera tion of the court will give it. The law, as the court interprets it, will decide. With this decision the people will have to be content. Meanwhile there is no bar to the entertainment of hope. STRANGE KIND OF COURT. ' Being a lawyer, he presumably knew just how far to go without trenching on the line that protects the dignity of that body and laying him self open to charges of contempt, but it is doubtful whether many laymen would have dared to speak as openly about the supreme court of the state of New York as did William Travers Jerome at the "political independence" dinner in New York City some eve nings ago. The language employed by the distinguished district attorney was so plain as to leave no possible room for doubt as to its meaning. He d spoke with a directness amounting to absolute bluntness. There was no veiled hint, no inuendo, no diplomatic use of words, but a direct charge of o dishonesty and corruption, not in the Sacceptance of bribes for the ren .dering of decisions favorable to certain interests and persons, Sbut of bribery no less. He .declared the tribunal 6f which he espoke to be degraded, the tool of 5 politicians and tricksters, whose deci f sions were prompted by regard for e persons and things that should have .-no place in the minds of men exalted to the position of supreme court I judges. "I have no reverence-I have f I not even everyday common respect-for e I the judges of the supreme court of this g-. department," was the way he put it. Lf- I While unsparing of his criticism of e-lthe court, he was little less lenient re when speaking of his fellow lawyers who practice before the court for theil failure to give aid to any movemeni calculated to raise its standard. The very members of the bar who should do the most to remedy the evil 01 which he complained, he said wer, the ones who through cowardice hel aloof and permitted the shameful, con ditions existing to continue, taking shelter behind the plea that because of the immensity of the intere taa .n trusted to their care they 4.g apil move, for to do aught would be 1tc jeopardize those interests. ., Never was a court more mercilessly arraigned and never did a lawyer:prac ticing before a court show greater con tempt for it. When the speech :ol Mr. Jerome was read many were those who expected to read in the next is sue of their newspaper that the au dacious young lawyer had been sumn moned to appear before the court he so bitterly assailed and defend him, self against the charge of contempt, But in this they were disappointed, The address was published to the world, but the court has seen fit to rest silently under the attack on its dignity, its honor and its standing, Probably the eminent men composing it were fearful that Jerome would come prepared to prove what he had said and concluded to take their scor ing and be grateful 'that it was no worse. The people of other states have reason to be thankful that the jurisdiction of the New York state supreme court is limited only to the state in which it exists. BURTON AND THE SENATE. In the opinion of many persons Mitchell and Burton are not the only members of the United States senate who have laid themselves open to pro secution on the same charge of which the Oregonian and Kansan stand con victed and that since convictions have been secured against those two a feel ing of embarrassment must possess some of the distinguished statesmen occupying seats in that body. Pos sibly this is so, but it is a gratifying fact that thus far there has been no great manifestation of that sympathy supposedly existing between those similarly situated. Undoubtedly there are senators who would be glad if Burton had escaped punishment, in fact, if report is to be believed, some of them went so far as to intercede in his behalf with the administration and ask that the prosecution be per mitted to end after the first trial, while some, only a few, are said to have importuned the president si the second hearing to let the irii.. didrp, saying liehlad 'been "punish enough." The great majority of the senate, however, are of a different mind. 'they hold that Burton has for feited sympathy on other grounds thant those presented in the case now in the courts and have turned from him. The case is to be appealed, and this is exactly what the president and the conservative senators want. It is to be pushed to its utmost and be prosecuted with all the vigor and ef feet of the legal talent at the com mand of the government. Had Burton resigned and accepted the result in a more humble spirit, the effort made at the conclusion of the first trial to end the prosecution might have proved, successful. He gave it out plainly that he had no intention to give up his seat and that he would accept dropping of the prosecution as a v!4 dication and would seek to retain his place in the senate and discharge his duties as before the original indict ment. It was then that the admini stration decided to prosecute the case as vigorously as possible and the con servative element of the senate, the element that he has the most to do with with directing the actioqs of that body, signified acquiescence in the decision. A NOTABLE ADDRESS. In the news columns of this issue of The Gazette will be found the major portion of the very able and magnifi cent address delivered by the Honor able Lee Mantle of Butte last Sunday at the opera house. The distinguished gentleman is known as one of the state's most finished and eloquent speakers. The spirit of the occasion and his well known devotion to the principles of the order for which he spoke inspired him to lofty effort, and well did he carry it out. Beauty of word imagery, sublimity of ideas and loftiness of ideals, combined with. a wealth of sentiment, made the address one of the most acceptable to which a Billings audience ever listened and en-. titled the speaker to the congratula tions showered upon him, both by the members of the order and those out side of its mystic circle that heard im. HOW TO REGULATE INSURANCE. Minneapolis Journal: The insur ance discussion is of never-ending in terest. No subject dealing with fig ures has so absorbed the attention of the American public as this has done. One of the best recent contributions to the literature of the insurance problem is the address delivered bei ore the Commercial club of Boston by Louis D. Brandeis, counsel for. the protective committee of policyholders in the Eq uitable. Mr. Brandeis has brought together the figures of the insuranu e auus} .as In such a way as to graphic-lly illustrate its vastness. He showe that .niety ol.i line companies in the United S.ate3 have in force twenty-one million polic ies on the lives of about ten million people. These are mainly the heads of families, and he calculates that forty million people, or half of the popula tion, are interested in them. The actual amount of insurance represen ted by these policies is $12,000,000,000, more than the total value of all the steam roads in America. On January 1, 1905, these companies held assets of $2,573,186,639, three times the capital of all the national banks in the coun try. The total income of these com panies was $612,000,000, or more than the receipts of the federal government. Of all the assets of all the companies, more than one-half was held by three, and it happens that these three are on the spit of investigation, and every time they are turned a new raw place is exposed. The general subject of the abuses revealed in the pending investigation is carefully reviewed by Mr. Bran deis, who seeks to answer the question what shall be done. To 'two general conclusions he attaches importance, one that the Dryden bill to put insur ance under federal supervision is a snare, the other that it is not desirable that the state undertake insurance. His objection to the Dryden bill is that it would substitute for fifty commission ers many of whom are alert, honest and faithful, the dictum of one excel lent person in Washington. The in stitution which got past him would be safe to prey upon the public, though at present it may pass one complaisant commissioner only to run foul of an other with a better knowledge of in surance and firmer purpose to give the public a square deal. State supervision with a greater uni formity of law is more to be depended upon than a federal law which would sweep away all present safeguards and substitute others perhaps not adequate in detail. The commissioner of Min nesota, himself a lawyer of ability, is at the head of a movement for the classification 3f insuran.e laws and the adoption of a uniform code in the dif ferent states. This would come nearer protecting the public than the aban donment of the progiess already made by the Ptates and the dependence upon a general cod passel bLy conglss and administered by one man. Such a uni formity of law would have to provide against two or three things which the Armstrong investigation has shown are at the bottom of all scandal. It would have to remove the temptation of the tontine "gamble," the looseness with regard to investments, the extrava gance of management and in general the practice which looks upon insur ance as any else than a system of sav ing based mathematically upon the highest rate of interest consistent with perfect safety. There is no mystery about insurance when this character is conceded. LESSON FOR PUBLIC OFFICIALS. Omaha Bee: The dismizsal by f' President Roosevelt of the assistant P United States treasurer at Philadel- r phia, for persistent evasion of the t civil service law and other acts in contravention of that law, is a lesson to those in public office which will un doubtedly be very generally heeded by them. The case of Lieb appears to have been quite exceptional in its flagrant disregard of the plain require ments of the civil service regulations. One of the charges was that of perni cious political activity, which is pro hibited to public officials, but this was a far less serious matter than the other counts against him and which determined the president's action He seems to have been remarkably resourceful in devices for violating the civil service' law, while all the time maintaining a scrupulous observance of its letter. It is said that he kept 1 the civil service commission constant ly on the go to meet his new devices. His skill in this respect was especially shown in the use of temporary ap pointments. Upon the occurrence of a vacancy in any part of his office he would temporarily appoint some friend or political henchman to fill the place. At the last possible legal moment he would report this appoint ment and ask for certification of elig ibles for permanent selection. On 'every possible pretext the correspon dence with the commission was drag ged out and always Leib took the full limit of time allowed in making his replies. It became necessary for the commission to resort to heroic meas urse to induce response to some of its kommunications. It was not for any di.stinct violation of the civil service law that Leib was dismissed, but it was because, as stat ed in the letter of the president, of a . constant and consistent effort to evade tihe provisions of the law, to hamper its workings as far as possible and to obstruct in every way the action of I the commission. Public officials will k be interested in this sentence of Mr. I Roosevelt's letter to Leib: "I expect on the one hand that the commisulon shall endeavor not to hamper, but to aid, the other public servants of the government in doing their work suc cessfully, and on the other hand I ex pect in return that the other public: servants shall co-operate with the commission and aid them in their ef forts to carry out the civil service law" This may have been the un derstanding of the commission and of the public officials generally, but it has never before been presented as now and the president's statement of what is expected is important. Proper co operation between the civil service commission and other public servants will insure the carrying out of the civil service law. The Leib incident can hardly fail to have a good effect. It gives re newed assurance of the purpose of the administration to see that the civil service law is observed iii letter and in spirit and it warns public officials that failure to do this will mean dis missal from the government service. THOSE "GOOD OLD TIMES." Kansas City Star: Thanksgiving week naturally recalls the "good old times" when, according to tradition, every family could afford a turkey for its autumn feast. Well, some of them could. But after all the contrast be tween the plenty of those old days and the poverty that overshadows so many unhappy thousands in this present year, is probably heightened by the kindly lapse of memory by which un pleasant experiences rapidly fade from the average man's mind. For life was not all roses to the early nineteenth century family. By 1825, according to Professor McMaster, the over crowded labor market, the housing of the poor, the rise of tene ments, the congestion of population and destitution produced by low wages and irregular employment had already become matters for serious considera tion. An unskilled laborer, a hod car rier or a wood sawer, was "fortunate if he received seventy-five cents for twelve hours' work and found employ ment for 300 days in the year." Many men worked for from twenty seven to thirty-seven cents a day in the winter and for Isixty-two to eighty seven cents daily in summer by toil ing fourteen hours. Sewing women earned fifty cents a week. Wages were not paid weekly or monthly, but at long and irregular intervals, and the prevalence of wildcat bank notes made them more uncertain. Men were still liable to imprisonment for debt. In 1829 about 10,000 debtors were in prison in New York, about 7,000 in Pennsylvania and 3,000 each in Massa chusetts and Maryland. When an em ployer failed, no lien law gave the worker a claim on the product of his labor. In many states the poor man could not vote. In all, he was liable to be punished as a conspirator if he took part in a strike or lockout. Things are rather better than they were then. They aren't perfect, by any means, and as the population- is enormously larger than it was seventy five years ago, the problems have cor respondingly grown. But in spite of the persisting evils `the material com fort of the country has been making progress, for which there is abundant reason for Thanksgiving day celebra ,tion. WITHOUT JURISDICTION Federal District Judge Dismisses Ac tion Against Santa Fe and Other Roads For Violating Elkins Law. [By Associated Press] Kansas City, Dec. 4.-Judge John F. Philips, in the United States district court for the western district of Mis souri, today delivered an opinion hold ing that his court was without jurisdic tion in cases brought here by the fed eral government charging the Missouri Pacific, the Atchison, Topeka & Santa Fe and other railways with giving re bates on shipments of salt in Kansas and on coal in Colorado and other pro ducts, in violation of the Elkins act. The motion of the railways to quash the proceedings was granted. CONFESS INSOLVENCY. Two Railroads Consent to Go Into Receiver's Hands. [By Associated, Press] Cincinnati, Dec. 4.-The Cincinnati, Hamilton & Dayton and the Pere Mar quette railroads were ordered placed in the hands of a receiver by United States Circuit Judge Henry Lurton tonight, and Judson Harmon, former ly United States attorney general, will be appointed receiver, giving a bond, for a total of $200,000. The application was made by At torney Lawrence Maxwell, Jr., on be half of Walter B. Horn of New York, a creditor of both roads, and was agreed to by defendants in answers admitting the principal charges of in solvency. Indigestion, constipation, dyspepsia, kidney and liver disorders, and all stomach troubles positively cured by using Hollister's Rocky Mountain Tea. 35 cents, Tea or Tablets. Holmes & Rixon. TIRCKLAYING PROGRESSING WORK BEGAN YESTERDAY ON THE BEAR CREEK RAILROAD. A SPUR OF THE N. P. Necessary to Connect with the New Line is What They Are Working On-Steel Rails for the Main Line Are Arriving Daily and the Work Will Go Right Along. It is reported on good authority that tracklaying began yesterday oh the Bridger end of the Bearcreek railroad. The Northern Pacific company has about a half mile of tract to lay to connect its switches with the new railroad and it was on this stretch of new track that work began yesterday. It wil! require several days to com plete this work and at that time the company that is building the railroad to the coal fields expect to have enough steel rails on hand to con tinue the work right along. A Bridger gentleman who was here yesterday stated that quite a large consign ment of the steel rails had already been received and that Mr. Hall, the president of the company, had been assured that the balance of his order for the entire line was now in transit and would arrive at Bridger in time to keep up the work without a break. The president of the company hopes to have the track completed by Jan uary 1, and trains running thereon. In this hope he is devoutly seconded by the Bearcreek men who are build ing up that town and developing the mines. A member of the Bearcreek twon site company says that everything" looks bright for the future of the camp. There are now under process of construction in the camp 17 new buildings, and as lots are being sold almost daily, it is expected that there will be a great impetus in the building business in the spring. John Russett, who has the contract for putting up the coal company's building, which includes the building for the power plant and ,severar qth ers, was in the city yesterday. He stated that he was progressing as rapidly as possible on the work,. but that it would require all of the time between now and spring to complete his contracts. However, the coal com pany will be prepared to get out large quantities of coal as soon as the rail road reaches there, regardless of the fact that its buildings will not be completed. The promoters of the town and mines confidently believe that it will become the largest coal camp in the state. OFFICER A MURDERER Lieutenant Pendleton of Philippine Constabulary Shoots Native Police man in Drunken Wantonness. [By Associated Press] Cebu, P. I., Dec. 4.-Lieutenant Chas. Pendleton, of the U. S. constabulary, ordered four native soldiers into the vehicle in (whph he was driving. A native policeman stopped him and ordered him to light the lamps on the vehicle, when Pendleton shot him dead. He then continued on his way, but returned later and obtained the body, which he delivered to the police, claiming that he had found the man dead on the road. The soldiers accom panying him 'confirmed his story until today, when they broke down. Pendle ton has been drinking. Pendleton's family lives at Atlanta, Ga. He was formerly a sergeant in the First regiment of New York. He has been held for murder. Suburban Ditch Company. NOTICE. The stockholders of the Suburban Ditch company having voted in favor of the payment in full of the indebt edness of said company, the trustees, at a meeting held November 28, 19b5, levied an assessment of $4.65 per share on the capital stock of said com pany. Stockholder's personal note will be accepted in lieu of cash (if certificate of stock, properly endorsed, be attach ed to note as security for the payment thereof within one year after date). Said note to draw interest at the rate of 12 per cent per annum. Payment should be made at once to the secretary at No. 7 North Twen ty-eighth street, Billings, Montana. Billings, Montana, November 29, 1905. 63-2 S. W. SOULE, Secretary. NOTICE. Stockholders' Meeting. A meeting of the stockholders of the Bear Creek Coal company will be held at the usual place in Billings on the first Saturday in January, 1906. P. M. GALLAHER, 63-4t Secretary.