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The Billings Gazette.
Gazette Printing Company, Publishers Issued Semi-Weekly. TUESD)AYS AND FRIDAYS. Subscription Rates. One year, in advance ............. $3.U00 Six months ...................1.50 Entered at the Billings Fostofice as Second Class Matter. Friday, March 23, 1906. TIME TO CLEAN UP. When the recently organized Citi- gi zens' league shall have completed its task of making Billings a clean city fa morally, it is to be hoped that its is members will find time and inclination rE to devote some of their energy to m things material. Nature has been of kind to us in many ways. In point of tl location, beauty of surroundings and tl. magnificence of scenery not another place in the state can equal it. But hi nature cannot do everything. It must P' have assistance. It cannot cart off et the rubbish and offal accumulating in T the alleys and it cannot take the old m boots, tin cans, bustles and all the fi other mute and inglorious evidences er of civilization which are permitted to t litter vacant lots and disfigure back yards and carry them off. Being help- M less in this respect, it does the next g' best thing it can-tries to hide them fc beneath generous growths of weeds. v This may suit Dame Nature well m enough, but it hardly appeals to the ai person in whom love of order and P regularity has any development, for bi nature's cloak in time becomes shab- gi by and ill favored and then only adds to the unsightliness of the scene. tc In times gone by an organization a linown as the Civic league has made fc sporadic efforts in the direction of a of physically cleaner Billings, but the resolutions it adopted, brave and lusty t( as they were, failed to accomplish d' anything more than to make work for e' the secretary and occasionally fill a :space in the newspapers. The Civic ' league died of inanition, but the weeds u and dandelions continued to grow with vigor and the rubbish heaps took on proportions suggestive of small moun tains. Spring may be said to be here once more, or it will soon be here, and the time has arrived for a general c housecleaning. The many beautiful r and costly homes being reared in -every part of the city should have ,different settings and surroundings to 0 ;bring out their artistic beauty and cause them to be an inspiration to others who may contemplate the erec tion of homes. They should also im press the stranger and visitor more favorably. Billings can be made the most beau tiful and attractive city in the state and one of the most beautiful in the west, and at a slight expenditure of labor and money. Let the Citizens' -league-take the initiative and, if nec essary, let the old Civic league be resurrected and the two work in con junction. It will never do to permit another season to pass withotut some thing being done to improve the ap pearance of the city. The streets should be cleaned, the alleys ditto, the rubbish heaps removed and the weeds choked off. Then trim up the trees, raise lawns, tearl down the disreput able old shacks that have long out lived their usefulness, paint houses and fences and burn or haul to the dump beyond the city limits the old boxes and other plunder that is now permitted to disfigure so many places. We will then have a city beautiful and one that we may show with pride and credit to the countless strangers whom we have reason to expect will come to see us before the summer passes. PUBLISHES ITS OWN 09ITL'AIRY Among other exchanges waic;h ye-: terday's mail brought was the Rose bud County News. Its column rules were turned and every page was indi cative of deep mourning and sorrow. As no striking headlines proclaimed the death of any prominent citizen it was difficult to understand the News' cause of woe. Only when the editor ial page was scanned did the reason appear. The News was mourning its own demise. In sad and melancholy language it told its readers that owing to stress of circumstances it was a dead one, that it had made the fight and lost and that henceforth it was to be a memory only. The News has been assimilated by the Times, which is now the sole surviving news paper published in Rosebud county. In time the democratic kinks and quavers may be gotten out of the News material and the assimilation completed, but having for so long pulled in the opposite direction there ip danger that the forms will insist on .'p1l4g" awl that now and then what is hitondd to be a simon pure republi an artlole wll appear as a redhot 4emooratle sCeed. GUILTY GO UNPUNISHED. hi In the opinion of Judge Humphrey "c of the United States circuit court the , packers who were indicted for con- h, spiring to restrain trade and com- ti merce between the several states may ti not be tried for the offense, regardless ti: of how guilty they may be, having in been cleansed by what Attorney Gen- s, eral Moody sarcastically designated tl as the "immunity bath." Concisely I put, the court holds that as the de- e( fendants were examined by Commis- bI sioner Garfield and gave him certain tr information, they rendered themselves H immune to prosecution and the gov- st ment lost whatever right of prosecu- CE tion it may have had. Only the cor- ta porations with which the late defen- ti dants are connected may be prose- rt cuted and punished, provided their a, guilt is established. tc Bott as regards the law and the p] facts a wide difference of opinion ex- ol ists between the judge and the attor- n, ney general. The latter in his argu- ai ment held emphatically that the claim t1 of compulsory testifying, alleged by Ia the packers, had not been proved. On fr this subject he said: Ic "There is-no longer any contention ai here that there was any actual com- sE pulsion in the acts of Mr. Garfield oth- w er than the power invested in him. , The claims are made that the infor- p, mation furnished to a government of- A ficial entitled to have it was furnish- n ed under compulsion of the law and cl that under the act of 1903 this entitles n; the defendants to immunity." Mr. ru Moody took occasion to refer to an ar- n gument made by one of the lawyers tl for the defendants in which the claim c4 was advanced that if a man had com- ir mitted a crime in the postal service a: and went voluntarily to the proper i] person and made confession he would s, be entitled to immunity if the law it gave immunity. "Let us see where ti the most extraordinary claim leads is to," said the attorney general. "It is n a great discovery of my learned friend for which yet uncounted generations of captains of industry will thank him. Washington will become the Altruria to which they can report for the par- h don of their offenses. It will be much li easier instead of running away from a a subpoena to run towards the govern- p ment agency and serve a confession a upon a government agent. ti "Anybody in this land who is now I seeking to avoid the service of a sub- d poena will thank my learned friend i: for giving him a much shorter route n to travel. Washington, under such I1 circumstances, would become a great b resort, not only in winter, but in sum- a mer. All the people who are violating n the law of the land may go there in N obedience to the compulsion of the e law. He can do it at intervals. The s law is a license to commit crime. I "Now I can fancy these gentlemen i gathering there; I can fancy Mr. Swift a and Mr. Arinour and their meeting in t Washington with some other great magnate who has been washed in what I I may call 'Miller's bath'; I can imag- 1 ine them meeting and saying: 'Good I morning, good morning, Mr. Rockefel- ] ler, have you had your immunity bath this mornin?' Look at the absurdity I of the thing!" In concluding his address the attor- 4 ney general said. "If on these propositions these de fendants escape trial, it will be a calamity to the government and for these defendants. I hold for them that they are innocent until they are prov ed to be guilty. You, Judge Hu~iphrey, ' alone, of the eighty million people of this broad land, have the solution of this question, and I leave it with con fidence to yeou." e Very plainly Attorney General Moody did not believe that the mere power on the part of the commissioner to compel attendance and the giving of testimony invested the act of d sumnmoning them before him with the Selement of compulsion, so long as e nothing was done in the way of force cr otherwise to compel their attend ance and the giving of information. li, this respect Judge Humphrey differ ed. He holds ihat when Garfield held ut the power of his office he thereby did that which in itself was an act i that made obedience to his summons Scompulsory. He further holds that in d going to them, instead of the defen it dants coming to him, the commission s, er used compulsion as toward the de r- fendants, particularly as they volun m teered and gave only what was de ts manded by him and what he had the ly right to demand. Under these condi at tions and circumstances, Judge it Humphrey rules the defendants were se right in considering they were acting it under a sense of legal compulsion. g He also differed from the attorney g general as regards thlteir failure to S. c!aim immunity, holding that the act In under which the defendants we(re in id dieted is a substitute for one of "th' so most cherished rights of the Ameri an can citizen, which is the right to re ig main silent when questioned about me any subject to which he might be in n criminated." It being conceded that is that right cannot be taken away with I1. out giving him something equally val ot uable, the court said. it followed that the privilege of immunity granted un ler the Sherman act must be granted he witness at the time, that immunity !'ollowed automatically whether claim was made or not. That the witnesses haggled with the commissioner and at times debated, resisted and gave less than he asked and withheld some things, did not alter their stand ing as regards immunity from the con sequences of whatever illegal acts they may have committed. Mr. Moody and the men who a~sist ed in prosecuting the case may have been wrong in their contentions, and the lawyers for the defense and Judge Humphrey may be right in their con struction of the law, but until a higher court passes upon the matter and sus tains them doubt will continue. Should the final decision be affirmative of the ruling just made, it will be indeed, as the attorney general said, calami tous to the government and the peo ple. It will mean that men guilty of the offenses charged against the packers need only take the "immunity bath" and escape all just consequences for their acts and continue to violate the law, being careful only to bathe at frequent and proper intervals. As long as the individuals may go free and only the corporations they repre sent be punished, the law might as well be repealed for all the good it will accomplish. Punishment for cor porations means only a monetary fine. As the profits accruing from the com mission of illegal acts of the kind charged against the packers are of a nature large enough to enable the pay ment of fines and still leave a wide margin it may be taken for granted that there will be no immediate dis continuance of them. Only by mak ing it possible to punish the individu als, by putting them in prison, humil iating them and branding them per sonally as lawbreakers and felons can it be hoped to bring about a reforma tion. Very plainly a revision of the law is needed, needed at once and needed badly. la HEARST AND BRYAN. Since the edict has gone forth from headquarters 'that the name of Wil- it liam Jennings Bryan shall no longer tl appear in any of the Hearst newspa- ti pers considerable has been written a about what some are pleased to call the struggle between Hearst and c Bryan for the position of leader of the p democratic party. To thus character ize the one-sided fight is to make a mistake. It is not a struggle for the i leadership, even though Hearst and n his friends may so regard it. If it is anything it is a bold, but poorly plan ned scheme on the part of Hearst to wrest from Bryan an honor undisput- n ed lybelonging to the Nebraskan. In a spite of all that may be said against h Bryan it must be admitted that he is a man of more than ordinary ability i. and intelligence and 'that he possesses to a marked degree the qualities that go to make up a leader.In none of these r particulars is there any comparison a between the two men. Admitting that Hearst cuts considerable of a figure in local politics in New York, he is of small consequence outside of that ftild. To the possession of a string of saffron hued newspapers he is indebt ed for the prominence he enjoys. Without these he probably would nev e' have been heard of outside of his own immediate circle and without the fortune he inherited from a rich father le would never have become owner of the papers. So reduced to its last analysis, Hearst owes all he is and all he hopes for to money. This may not be said of Bryan, although he is now said to be fairly well off. He had gained his position long before he was more than a poor man. The very small and poorly judged manner in which Hearst is undertaking to dim the name of Bryan must be accepted arn evidence of the smallness of the Hearst mind and the fear in which he stands of the distinguished gentleman from Nebraska. He will find that he - has made a mistake and that if any one will be injured it will be himself. 'There is no war for leadership be I tween the two men. It is simply a pre y sumptuous attempt on the part of a t bumptuous young fellow to accomplish something entirely beyond his very i limited calibre. When men like Hen - ry Watterson are frank enough to ad mit. that when it comes to a discus sion of democratic leadership it is a lmistake to overlook Bryan, Hearst - ight as well subside and be content e with his role of leader of a very small fragment of the party, that represent ' ed by the socialist element of New e York City. OFFICER TO BE ENCOURAGED It is now in order for the people of BIutte to give fitting public recognition to Deputy Sheriff Jack Wyman for the excellent service he rendered them a few nights ago, when he killed one of the numerous highwaymen who have been terrorizing that city for months past. Mr. Wyman was on his way home and when within a short dist ance of his domicile two gents of the road commanded him to halt and hold aloft his hands. As the command was reinforced by a slxshooter of im ,roe:sive proportions held in uncom fortable proximity to the officer's head, t was promptly obeyed.. Speedy search of his pockets followed. In t'" it haste to complete the job the fellows overlooked an automatic pistol Mr. Wyman had in his hip pocket. To this carelessness is due the death of one of the holdups, and by a strange irony of fate the dead man was the one who did the searching. After he had helped himself to the deputy's watch and chain and a few things of minor value, the holdup gave Mr. Wy man a vigorous kick and 'told him to b' off, while at the same time he and his pal started to leave. They had no more than crossed the street before the deputy had his artillery in action and at the fourth shot one of the fel lows fell to the sidewalk, saying he was hit. Mr. Wyman fired the two re maining shots in the weapon at the other man, but owing to the darkness failed to hit hint. Had the men who were attracted by the shooting, a num ber of whom were officers, been pos sessed of only a modicum of the nerve displayed by Mr. Wyman the second robber would have been captured, for he remained hidden behind a fence a short distance away for several hours. But they had lost no highway man and did not look for him, al ,though told of th'e direction in which he had gone. Mr. Wyman is the kind of man to be encouraged and if the Butte people do not do the handsome by him they will neglect their duty. NO GOVERNMENT OWNERSHIP. r Japan having decided to nationalize a its railroads, in other words having t undertaken government ownership, r some of the newspapers of this coun try are calling attention to the fact that although Japan came to this coun try for example and inspiration when t she made up her mind to adopt west- r err. civilization, she went to New Zea- i land, Australia, Germany and *Switz erland when she was prepared for the last degree of her advancement, being t "convinced," as one newspaper puts i it, "that we had overlooked a good thing and are somewhat behind the times in this field of human progress at least." The same paper takes occasion to call attention to the remarkable dis play of courage given by the Japanese in taking the step decided upon, as it involves an expenditure of something like a quarter of a billion dollars to nationalize the railroads of that coun try, and then compares the timidity of the United States in refusing to do the same thing, considering the im mense wealth of this nation and its ability to easily do what must be a hard task for Japan. Just as though the question of financial ability were involved. How long is it to be sup posed would the people now clamoring for government ownership of the rail roads be content were their dream to actualize and how long would it be be fore their voices would be heard sounding the loudest against the polit ical oppression and corruption con sequent upon government ownership, particularly if some other party than their own were in control of the gov ernment? Outside of, perhaps, the railroads themselves and their friends, very few persons can be found who do not fav or government supervision of rates, but very few there are who are will ing to stand for ownership by the gov ernment, and this, too, notwithstand ing all the talk to be heard favorable to such a condition. A vast difference exists between control and actual ow nership. The one the people insist upon and will have, but the other they do not want and will only seriously consider it when all other remedies appear to have been exhausted in an effort to secure what they consider their rights and what they believe to be just and fair. VOLSTEAD NOT SATISFIED. Will Draft Bill to Repeal Timber and Stone Act. Washington, March 22.-Represen tative Volstead is not satisfied with the determination of the house public lands committee not to act on any timber and stone act repeal bill. He has prepared a bill on the subject, which he hopes will meet the objec tions made by the opponents of repeal, in that it affords a basis of disposing of timber separately. The bill provides for the repeal of the timber and stone act and gives the secretary of the interior authority to sell timber under proper regulations. The secretary is also authorized to sell timber land to settlers residing in the vicinity at not less than $2.25 an acre. Location of forestry or other land scrip on any timber land hereaf ter is forbidden until such land is "of fered" and it is provided that the com mutation feature of the homestead law shall not apply to lands available for timber. Volstead v.ill try to have this bill put through the committee. Latet styles in job printing at the Gasette omoe. FRUIT GROWERS " HOLD MEETING e STATE HORTICULTURAL BOARD " HOLDS SESSION. REVIEW WORK OF YEAR t Excellent Progress Reported in the War on Fruit Pests Infesting the v State-Orchards Being Kept Free r from Disease-Many Fruit Inspec tors Were Appointed. e The annual meeting of the state t board of horticulture was held at the f state capitol building in the city of i: Helena, Wednesday, and many ques- c tions of importance to the fruit grow- c ers of the state were brought up and r discussed. There were present at the meeting President I. O. Read, Secretary Fred f Whiteside, and O. C. Estey, of Flat- c head, and Governor Toole, who is an i ex-officio member of the board. a The board directed the secretary to c include in his report the proceedings c of the state horticultural society at its C last meeting, including the papers I read and the discussions. C. F. Dall man, president of the state society, appeared before the board and made l the request. The secretary was di rected to include the proceedings in a pamphlet at a cost not to exceed $150. In the past hand spraying machines have been used by the inspectors in the orchards. The secretary was di rected to purchase two power spray ing machines, the cost being estimated at about $250 each. The members spent considerable time in discussing the work done dur ing the past year and what should be done this season. The opinion was expressed that the work last year was highly satisfactory, and Secretary Whiteside was given full power in managing and directing the work this year. The report of Secretary Whiteside t follows: Report of the Secretary. "Briefly reviewed, the work perform ed since I became secretary of the board and inspector at large, one year ago, is about as follows: "On taking up the work I found s there were but four fruit inspectors a in the state, namely, at Helena, Boze man, Great Falls and Kalispell. In e spectors have since been appointed at Missoula, Butte, Anaconda, Dillon, Bil g lings, Miles City, Livingston, Hins 1- dale and Havre. The results obtained 0 in fruit inspection have on the whole been fairly satisfactory. While many d complaints had previously been made, t about infected fruit being on sale, par ' ticularly in the Butte market, I have heard no complaint on this score dur n ing the past season, and the markets V- have been practically free from in fected fruit. Opposition in the Beginning. "At the beginning we met with much opposition from dealers and shippers, and a good deal of fruit was condemned. The results, however, have been satisfactory, for the opposi tion has died out, and practically no infested fruit is now being shipped 'in. In Butte it has been necessary to employ two inspectors during four months of the busy season, and I be lieve the results obtained justified the extra cost. The fees collected in the Butte office amounted to $1,876.46 and the cost of inspection was $1,335.12, leaving a balance of $541.34, to which may be added $300 received from nur sery licenses and $59.90 received from Mr. Edwards, the former secretary, making a total of $901.35 received. This was expended as follows: Re mitted to the state treasurer, $181.90; office expenses, $190.39; paid for labor, spraying, banding and orchard inspec tion, $529; making the total $910.33 before mentioned. Money Goes Into Fund. Some time ago the attorney general advised me that my office could not legally make disbursements for labor, office expenses, etc., and since then I nave been sending all the fees to the state treasurer, $273.94 having been so remitted. As this money goes into the general fund this will reduce the amount available for horticultural work the coming season by about $1, 000, for no matter how much we add to the general fund in the state treasury, we can only draw out the amount ap propriated by the legislature for our use. "The fruit inspectors outside of Butte reported fees collected to the amount of $1,993.55, all of which was retained by the inspectors, as under the rples of the board they are allow ed to retain such fees up to $5 per day. Checking Spread of Moth. "The most important scoomplish ment of the year I believe has been the work done to check the spread of the codlinmoth in the Kalispell and Missoula districts. In Missoula the moth has been entrenched for years, and it had spread to a considerable extent outside of the city. By careful work the past season, it was practi cally exterminated in outside districts, and we reduced from 75 to 80 per cent in the city of Missoula. "At Kalispell the moth has been ex terminated in all orchards outside of the city, and in the city was confined last season to three small orchards, and less than a hatful of infested fruit was found all told. We hope to exter minate it there the coming season, but we are, of course, always liable to a remanifestation from outside sources. "During the spraying season we us ed six spraying outfits, employing 20 men all told. Much of this expense could be saved by using power spray ing machines and I recommend that two such machines be purchased. As far as possible the cost of such work is collected from the owners of or chards, but in many instances this cannot be done, as in the case of non resident owners, vacant property, etc. Property Liable for Cost. "The law makes such property liable for the cost of the work, but 'the cost of enforcing payment would be more in almost every instance than the amount to be collected. If the law could be amended, making it the duty of the county treasurer to collect such charges with other taxes against the property, it would be a great help. As the matter now stands, the man who has enough public spirit to keep his orchard clean, is often made to suffer by his neighbor, who keeps a neglected orchard in which the pests are allowed to multiply. "The Bitter Root district I have left almost entirely to President Read, who lives there, and I believe it has been well looked after." Passangers east from Chicago to Fort Wayne, Findlay, Fostoria, Cleve land, Erie, Buffalo, New York City, Boston and all points east, will con sult their interests and find advantage in selecting the Neckle Plate road east from Chicago. Three through trains are run daily, with through day coaches to New York City, and mod ern Pullman sleeping cars to destina tion. Rates always the lowest, and no excess fares are charged on any train, for any part of the journey. Modern dining cars, with individual club meals, ranging in price from 35 cents to one dollar; also meals a la carte. Ask for tickets via the Nickel Plate road. Chicago depot, La Salle and Van Buren streets, the only station in Chicago on the Elevated Loop. Chi cago City Ticket office, 111 Adams I street. Detailed information may be secured by addressing Chas. E. John son, district passenger agent, No 811 Billings State Bank Capital Stock, $50,000. OFFICERS: Paul McCormick, President. B. G. Shorey, Vice-Pres. Charles Spear, Cashier. Henry White, Teller DIRECTORS: H. C. Bostwick, W. Hansard, C. O. Gruwell, Paul McCormick, A. H. Barth. B. G. Shorey, Chas. Spear. Transact a General Banking Business. GRUWELL BLOCK, BILLINGS, . MONTANA (First Publication March 23, 1906.) NOTICE FOR PUBLICATION. Department of the Interior, Land of fice at Bozeman, Mont., March 21, 1906. Notice is hereby given that the following named' settler has filed no tice of his intention to make final proof in support of his claim, and that said proof will be made before Fred H. Foster, clerk district court at his office at Billings, Mont., on April 28, 1906, viz: MARK T. NEWMAN H. E. No. 5999 for the SWY4 NWl4 Sec. 22; SE/4 NEV1: N% SE% Sec. 21 T. 2 S., R. 26 E., M. P. M. He names the following witnesses to prove his continuous residence upon and cultivation of said land, viz: Francis J. O'Donnel, of Billings Mont.; Mont. ,John S. Reed, of Billings, Mont.; Elbert N. Cooper, of Billings, Mont.; Frank A. Brown, of Billings, Mont. M. R. WILSON, Register. (First Publication March 23, 1906.) Desert Land, Final Proof.-Notice for Publication. United States Land Office, Miles City, Montana, March 21, 1906. No tice is hereby given that Byron C. Jacobs, of Musselshell, Mont., has filed notice of intention to make proof on his desert land claim No. 1063, for the unsurveyed SE1A of Sec. 3, Twp. 8 N., R.'29 E., before U. S. Commr, Fred W. Handel at Musselshell, Mont., on Saturday the 28th day of April, 1906. He names the following witnesses to prove complete irrigation and re clamation of said land: George A. Davis, of Musselshell, Mont. George W. Handel, of Musselshell, Mont. George Mather, of Musselshell, Mont. Richard M. Jones, of Musselshell, Mont. S. GORDON, Register.