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The Billings gazette. [volume] (Billings, Mont.) 1896-1919, December 05, 1905, Image 4

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Persistent link: https://chroniclingamerica.loc.gov/lccn/sn84036008/1905-12-05/ed-1/seq-4/

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The Billings Gazette.
Gazette Printing Company, Publishers
Issued Semi-Weekly.'
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.
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.
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
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.
' 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.
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.
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
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
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.
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
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.
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
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.
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
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.
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
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
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.
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.
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
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,
63-2 S. W. SOULE, Secretary.
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.
63-4t Secretary.

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