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The Billings Gazette.
uazette Printing Company, Publishers issued Semi-Weekly. TUESDAYS AND FRIDAYS. Subscription Rates. One year, In advance............ $3.00 81x months .....................1.50 ~Entered at the Billings Postoffice as second. Class Matter. Tuesday, March 12, 1907. THE TENTH ASSEMBLY. Compared with its predecessors, the 'Tenth legislative assembly can look back at its work with satisfaction. No one, not even its members, will claim that it was perfect, for it was com posed of human beings, but for all that it accomplished much that will prove good in its effect. Foremost among the legislation enacted is the railroad commission bill. Had partisan lines been less severicly drawn in the matter of providing for the personnel of the board, it is extremely doubtful whether a democratic vote would have been recorded against it in either house. Even as passed it received sup port from that party, while the gover nor, notwithstanding his claim of usurpation of executive prerogative, lacked the hardihood to veto it and permitted it to become law by default, saying that only because of what he regarded as trenching on his right in the matter of appointing the commis sioners was he prompted to withhold his sanction of the measure. It is to be regretted that an appor tionment bill could not have been passed, but the arguments advanced by the governor in his veto of the measure adopted by both houses were such as could not well be answered. Manifestly the constitution is to blame for the failure to afford the relief ur gently demanded and acknowledged by all to be due the different counties now suffering because of the inequality in representation to which they are compelled to submit. The anti-gam bling law which goes into effect the first of next month disposes effective ly of a vexatious question which has long annoyed and worried the people. The provision made for the care and safeguarding of the public funds is a conspicuous piece of legislation and will hereafter prevent the scandal and ill feeling made possible under the former law. It was unfortunate that toward the end of the session even the semblance of friction developed between the two houses, as it result ed in the defeat of several merito rious measures, prominent among which was the pure-food bill, the measure for a state chemist and sev eral other matters that should have been given place on the statutes. De feat of the bill for a pure-food law is particularly regrettable, as , leaves Montana the dumping ground for dis honest and unscrupulous manufactur ers and dealers, all the surrounding states having laws of that Rind bar ring their products. While a law was passed protecting the public against quack doctors and unlicensed practitioners, it was not re garded important to afford the same measure of protection against alleged "lawyers." Strange as it may seem, a man recognized among the leaders of the state bar was responsible for de feat of a bill having this object in view. According to accounts the gen tleman took a somewhat narrow view of the matter, saying that the "law yers were willing to take their chances," apparently totally disregard ant of the people, the very ones for whose benefit it was purposed to pass the law. Another law that should have passed was the one for a state immigration bureau. This was de feated on specious grounds, the ones opposing it alleging that it would re sult in flooding the state with cheap labor and the creation of a peril in comparison with which the saffron hued danger the people of the Pacific coast profess to be facing would be as nothing. It was unfortunate that the opinion of Attorney General Bona parte could not have been given pub licity earlier, as it would have af forded an effectual answer to the ar gument of the men who succeeded in defeating the bill. The bill creating a state highway commission also de served a better fate than was accord ed it. Yellowstone county's representation, while small, proved alert and efficient and its personality is imprinted on a goodly share of the legislative grist. From the opening day it became ap parelt that Messrs. Annin and Mor ris were there for other purposes than to fill chairs and draw their sal aries and mileage, and. the measure of recognition given them is gratify ing to those who elected them. THE REGENERATED HARRIMAN. Even though they may not agree with him as regards the beneficence and, as he intimates-the necessity of combination. of corporations, by which he means the railroads-the people will be pleased to learn from Mr. Harriman's owns lips acknowl edgement of the fact that the railroads are realizing they have made a mis take. He frankly says they have not paid enough attention to the demands of the:government and through the government to the demands of the people, and also that the manage ments have neglected to build up the necessary strong harmonious relations with the government and the peopld, with the result that antagonism now exists where there should be harmony and co-operation. Moved by the spirit of contrition, he goes even so far as to admit that the railroads have failed to live up to their traffic agree ments, and that this caused a lack of confidence on the part of the public. Consciously or unconsciously, Mr. Harriman here touched on what may be said to be the real gravamen of the matter. Because of the secret re bates and undue advantages granted the large over the small shipper it has been made possible for the huge com bines to practically crush competition and permit them to monopolize a field formerly open to all. It has been this failure to live up honestly to traffic agreements and published schedules which has given birth to much of the bitterness felt toward the railroads and prompted the radical legislation of which he is complaining. Probably mistakes have been made all around, as he says, but it is extremely doubt ful whether he will find the adminis tration at Washington in the mood he attributes to it or that it will acknowl edge it has gone too far or has been too radical in its demands for cor rective legislation. MIr. Harriman is quoted as saying he believes the railways can "expect to receive more even-handed justice"' hereafter. By this he means, of course, that they have been denied ex act justice in the past. No one will agree with him there. While the presi dent in response to the demands of the people for redress and prompted by his own sense of justice has in sisted upon severe, even drastic laws, he has never lost sight of the rights of the railroads, but has ever demand ed that those rights be respected and that the scales be evenly balanced as between the people and the rail roads. "They-we, all of us, should have considered the possible effects of this agitation before it was begun or be fore conditions that made possible its growth were allowed to continue," he says. "If we all had met on common ground and co-operated for our mutual benefit, nobody would be worrying over the situation as it is today." Cer tainly not, but Mr. Harriman's repent ance is not yet complete and like the half-converted malefactor he seeks to escape responsibility for his offense by trying to implicate others. .Had he content himself with using the first ipersonail plural, he would have told the whole truth. Surely the railroads may not say that they did not have ample warning of the approaching storm, neither may they say they were not aware of the existence of conditions that resulted in the univer sal dissatisfaction and discontent which finally culminated in the agita tion he now finds to have had as its outcome things not pleasant to contemplate from the railroads' point of view. The American people are proverbial for their patience; they sought by ar gument and reason to induce the rail roads to give heed to their grievances. Their appeals were brushed away in lordly manner and they were told they did not know when they were well off. The common ground which Mr. Harriman now says exists was then denied; the railroads regarded themselves as supreme, the co-opera tion proferred was rejected, mutual benefits were not considered. But all this is to be changed, Mr. Harriman says. Henceforth the rail. roads are to recognize the existence of such a body as the people, and Mr. Harriman himself will devote a part of his untiring zeal in the direc tion of bringing about a rapproche ment of the contending elements. LEAD HIM OUT. It is to be regretted that the "de fense," as the esteemed Times puts it, is not yet prepared to disclose the identity of its candidate for the may oralty and simply contents itself with hints about a "dark horse," said to be undergoing grooming preparatory to his entry into the race It would make the contest more interesting were it to be known whom the opposition to Mr. George intends to pit against him, as it would afford an opportunity to compare the respective platforms on which they stand. Every one knows what to expect should the gentleman now in the field be elected. He is the father of municipal ownership, and at the meeting of the Citizens' league pledged himself to a Billings neautiful, a "spotless town" and the furtherance of many sadly needed civic improve ments. Streets are to be repaired, sidewalks kept up and alleys and va cant lots to be cleaned. He further more declared that he would do all in his power to secure correction of some of the many abuses ana neglects from which the city suffers in conse quence of the indifference of the rail roads, particularly the Northern Pa cific. It being possible that the mys. terious "dark horse" has something better to offer, he should be led from his stall, and with blanket taken off paraded before the grand stand so thar a line could be ootained as to his qual. ifications by those who are most con cerned in the outcome. BOUND TO BAR JAPS. Had the. California legislature in the first place enacted a law on the school question similar to the bill which has just passed the upper house of the legislature of that state it would have prevented the annoyrng little muss of a few weeks ago which some of the more timid ones feared would result in a war between the United States and Japan. It would also have made unnecessary the implied threat of the use of the army and navy to force the Californians to respect the provisions of treaties entered into by the nation with other governments. The pending bill limits the age of children when first entering the pri mary schools to 10 years except with the consent of the superintendents of schools, boardsof education and boards of trustees. These are authorized to grant the right of entering the pri mary grades to children older than the mnaximum age specified in the bill. '1oe proposed law applies to all children, regardless of color or race and is in tended to be amendatory of the exist ing statute authorizing the mainten ance of separate schools for Asiatics and Indians. To make the amend ment explicit the word "Japanese" is added, as the subjects of the mikado are insistent that they are not Mon golians and hence should not be classed as such. It would seem that the amendment is not necessary. By simply repealing the present law and bestowing the power upon school officials contemplat ed in the earlier part of e bill, the same object could be achieved, for it may be depended upon that no su perintendent or school board will give consent to any Chinese or Japanese above the restricted age to enter any school with which they have aught to do. Probably, however, to be abso lutely certain that none of the unde sirable element shall under any pre text be given ground to attend schools maintained for white children the amendment was offered. Under the proposed law it will also be possible to keep out negro and other children whose race or color is offensive. Had the adult Japs shown less eagerness to acquire the rudiments of an English education, the school question would not have arisen. It was objection to the indiscriminate mingling of chil dren and adults that causes the Cal ifornians to pass the law segregat ing the races and which necessitated diplomatic exchanges and the visit of a San Francisco commission to Wash ington. The exchange of views there gave the Californians a new Idea and this they are now trying to carry out. ITS IDOL SHATTERED. After consistently and persistently following Gov. Toole all tiese years, regardless of how devious the path at time has been, the Great Falls Tribune is constrained to remark that it has been in error, that the deity at whose shrine it has worshipped is not the si mon pure article, but dross, emitting a decidedly suggestive odor or things earthly. The rude awakening comes in consequence of the governor's re fusal to veto the railroad commission bill and his subsequent veto of the aplportionment bill. In sorrow and an ger does the Tribune speak of this glaring inconsistency, sorrow prompt ed by failure to show sufficient rigid ity of the executive spine in adhering to the position assumed two years ago, when he vetoed a similar measure be cause the legislature named the men who were to compose the commission; anger because he dared veto the one bill which above all others the Trib une desired to see a law. The Trib une declares he backed down, weak ened, threw up his hands and per mitted an unfeeling majority to ruth lessly despoil him of his constitutional right. Hear its wail:. "He allowed a railway commission bill, framed on purely partisan lines and ostentatiously opposed to his for mer objection, to become a law wlth outexhaustinghis constitutional power to prevent it by a veto message. By so doing he left his friends and defen ders speechless and in a position where all arguments they nave been using to defend the governor in his action of two years ago look silly and absurd. "But when an apportionment bill passes both houses of the legislature which in some measure rectifies the injustice un.ler which the rest of the state has been suffering, in order that Lewis and Clark county may exercise more than their fair share of politi cal power the courage of Gov. Toole revived and he promptly Interposed his veto. We have not the reasons given in his veto message before us at this time but we can conceive none that would justify a veto of a bill that in a measure at least rectifies a long standing injustice." After trying to describe the chagrin and disgust the old line democrats of Cascade feel at the governor-s weak ness in Iailing to veto the railroad commission bill and his later veto of the apportionment bill, prompted by "narrow provincial prejudice," the former worshipper of the Toole idol adds "We are also willing to add that this newspaper shares those views." AN ITINERANT CAPITAL. If the average Californian away from home is unable to tell the name of the capital 'cty of his state, he should not be criticised too harshly, for the native son capital has a way of shifting about that at times must be perplexing to those who try to keep track of its location. Unlike other states, California has no consti tutional provision for a permanent location of its capital.. The first leg islature failed to act on the matter and for years, as Bancroft, the historian, says, "the seat of government was hawked about in a manner disgrace ful to the state." Monterey, San Jose, Sacramento and Vallejo, all put in bids for the honor. The legislature gave it ao Vallejo on the first vote, but when the second legislature met, "they found the new town dull and remote, hotel accom modations limited and amusement lacking. Those were not the pro saic days of the present. Legis lators had to have amusement, so af ter being in session a few days, the legislature adjourned to San Jose, which was still the legal capital. However a bill was passed making Vallejo the permanent capital, but the next legislature removed it to Sacra mento because of the lack of proper accommodations at Vallejo. The en tire machinery of government fol lowed, but in 1852, two years after the admission of the state, a move back to Vallejo was made. The fol lowing year Benicia looked good to the legislature and it was given the honor of being the seat of government. San Jose and Sacramento were not satis lied and began plotting to recover the coveted prize. The fifth legislature again made Sacramento the "perma nent" capital and Benicia was desert ed. Probably tired of the incessant moving or bewildered by the many and rapid changes. the executive and judicial branches packed up and went to San Francisco. Then the mat ter was ta.ken into the courts. Af' ter a number of divergent decisions by the lower courts, it finally got into the state supreme court, which ruled favorable to Sacramento. The city has been the seat of the state govern-' ment ever since. Now there is to be another change. The legislature has just passed a bill, approved by the governor against his wishes because he knew it would be carried over his veto. for a constitutional amendment removing the capital from Sacramen to to Berkeley. It was a hard fought battle, but the Berkeley crowd won, and the advocates of the bill claim that they will win the election hands down. A BASELESS FALSEHOOD. It has come to the knowledge of The Gazebte that solicitors for a contem porary are resorting to untruthful and unfair methods of gaining subscrib ers, by spreading the report that this newspaper is about to lose its As sociated Press franchise and that it will be transferred to the publication whose agents are seeking to displace The Gazette from a fielm which it has long occupied. Of course, this is a silly and groundless assertion to make. The Gazette has the exclusive right to the Associated Press report in this city, and so long as it continues publicatiQn its readers will have the benefit of it, all reports to the con trary notwithstanding. Such methods of competition are not only unfair, but they are dishon orable, and no reputable person would resort to 'them. WISE REPUBLICAN MOVE. Elswhere in the columns of The Ga zette appears a call for a republican city convention, issued by the county central committee, to be held at the city hall next Monday evening, March 18, when a full city ticket is to be nominated. It is the opinion of this newspaper that the action taken by the county organization is timely and wise. Bill ings has ceased to be a mere village or town, and it is but proper that in the management of municipal affairs the old method of indiscriminately electing men to the different offices should cease. Men aspiring to those positions should have something more than merely personal platforms on which to stand; they should be held responsible to some one, and the lest and only way to bring this about is to make nominations on party lines. In every other city this is done because it is recognized as the only right way. Candidates nominated at regular po litical conventions stand for some thing more definite and well defined than personal ideas; they are answer able to regularly organized bodies of men and in consequence feel they are amenable to some one higher and more powerful than themselves and therefore are under certain restraints as regards official conduct which can only be conducive to better govern ment and duty more fully and more conscientiously performed. It must be admitted that men in public position who owe their election to one of the political parties are more careful in respect of their official conduct than those chosen as we have neretofore elected our city oicials, without re gard to personal responsibility or ac countability to any one save them selves. As county, state and national offi cers are elected, so should city officers be elected-on platforms enunclatory of party principles, with party guaran tees behind them as to the fulfillment of pledges and promises. This will insure better government, more busi nesslike administrations and greater regard for public welfare. The Ga zette cordially endorses the action of the county organization and sincerely hopes that work well begun will be carried to a successful issue. The party has much excellent material within its ranks to fill the different offices and if the right men can only be persuaded to become candidates, the rest should be easy. In this connection it is perhaps proper to say a word of a personal nature. While the advertising col umns of this newspaper are for sale for the exploitation of reputable mat ters and persons, its editorial col umns are not. Because a man or number of men wish to avail them selves of the publicity to ne gained thruugh the medium of advertisements inserted at regular rates In the col umns set aside by The Gazette for advertising purposes, that does not give 'them claim for support as far as The Gazette itself is concerned. Of course, the advertisers understand ,this, but for fear that others might not, this explanation is offered. THE END OF DOWIE. No fiery chariot was waiting at the door to transport him to the realms of bliss when the reincarnated Elijah was about to start on his second jour ney beyond the clouds. Like other mortals, he simply composed himself on his couch and when the moment of dissolution arrived his spirit de parted whence it came, leaving behind its earthly tenement of clay to be come food for the worms. No doubt this proved a disappoint ment to many, for strange as it may appear in this supposedly enlightened age, when John Alexander Dowie made his proclamation of reincarna tion he was not lacking in believers. That others considered him a fraud and charlatan, made no difference to them. The vagaries of the human mind made it easy for him to find fol lowers. Possessed of a magnetic and imposing personality, a vigorous mind and sirong will, brooking no op position and being unsparing in his denunciations of those who dared to doubt him, he was the ideal man to found a new religion. He drew to himself those who are not satisfied with simply believing and depending upon the promises of salvation and future happiness as contained in the book which forms the basis of all the accepted creeds of Christianity, but who demand material manifestations of Divine favor: who think the days of miracles has not passed and who expect God to reveal His personality through some chosen agent. These are to be found everywhere, and to them Dowie appealed. They were as clay in his hands and he bent them to his will. Blindly and eagerly they followed where he led. Minds al ready weak were made weaker and Dowie became the dominating figure of a hierarchy such as has seldom been seen. That he was pretending to serve the Lord while all the time working for selfish and ulterior pur poses was apparent to all, except those to whom he may said to have enthralled. In their misguided zeal they failed to see what the rest of the world saw. But advancing years and the drunkenness of power wrought what reason failed to work. The prophet was deposed, the idol was shattered and the worldly sense which it erstwhile was affected to disdain reasserted itself in some, and the end came. That he should have had a few followers even to the last should not be surprising. Some minds are so constituted that they are responsive to nothing but that which mystifies and deludes, throwing aside the truth for the untruth because truth is ever ar rayed in simple garb, while fraud and deceit parade in showy raiment and vulgar display. CASE OF DIFFERING OPINION. By his proclamation extending the forest reserves of some of the west ern states, President Roosevelt has stirred up renewed discussion of a subject in which people had almost ceased to be interested because they had come to accept it as one of the things that is and could not be ov ercome. The renewed discussion is interesting in that it shows the diver gence of opinion prevalent concerning one of the fixed policies of the ad ministration. Thus, down in Colorado enlargement of the reserves already created in that state is regarded as a move directly opposed to the inter ests of the many and calculated to work for the benefit of the few, ac cepting the statement of the Denver News. The News says that an im mense amount of land is withdrawn from entry at the advice of a few large stockmen, who want forest re serves created in order that they may have assurance of the continued ex istence of huge grazing preserves which they may lease from the gov ernment, to the exclusion of the small stock owners and settlers. All this is said notwithstanding the rules and the law which exempt from the operations of the forest reserve system all patches of land valuable for agricultural purposes. Every acre of tillable land within a forest reserve under the act of June 11, 1906, is passing to private ownership, hence it may not be said settlement is re tarded through the policy of preserv ing the nation's timber supply. But this is not what was in mind when reference was had to the varied way in which the whole matter of forest reserves is regarded. While elsewhere it may be that the large livestock concerns only are the ones who de sire to see not only the present re serve maintained, but extended, in Montana it would seem that the small fellows are the ones who want it, vide .the following from the Great Falls Leader: "As an instance of the working of the grazing permits on forest re serves, a short time ago two large sheep owners residing on the south side of the Belt mountain forest re serve endeavored to secure action by the forestry department which would have returned to the -public domain certain grazing territory in that por tion of the reserve. "As soon as word of this movement reached the smaller ranchers and stockmen' in that neighborhood they unanimously petitioned that the re serve boundaries be left as they were, and their statement of the case was that if the land was returned to the public domain the two sheepmen would have monopolized the whole thing within a sort time through the land laws and otherwise and that the smaller men would be shut out from any grazing privileges whatever. "It is because of this feeling that the reserves are better for the small owners that, generally speaking, the big stockmen are opposed to them while the men with smaller herds ap prove of the forest reserve policy." Plainly Mr. Perkins is inclined to ac cept the view of the court in relation to campaign contributions by insur ance companies. While grateful to his honor for his expression of belief that nothing criminal was intended, the court's intimation that the money contributed from the funds of the New York Life for political purposes was hardly to be accepted as having been expended for proper corporate uses was not without weight. There fore the personal check for over a half hundred thousand. Of course it would be unfair and un just to pronounce formal judgment until after the defense has been heard and the c:-se closed, but i, must be admitted that thus far the prosecution has succeeded in making a tolerably strong presentation against B:nger H-lermann. The effort of the other side to establish the good character of the defendant appears to be the resort of lawyers who are finding the facts go ing against them. While affording interestlng reading, that story sent out from Dillon con cerning the marvelously rich strike is open to suspicion. If absolutely or only partly true, the locators of the mine showed greater wisdom in the selection of a name than knowledge of mining. It certainly was a new de parture to throw ore teeming with gold onto the dump, even though the original owners mistook the metal for pyrites of iron. Still, it is hardly likely that Presi dent Roosevelt will send a special messenger after Mr. Harriman. MARTS OF TRADE ST. LOUIS WOOL. St. Louis, Mo., March 11.-Wool steady. Medium grades combing and clothing, 24 to 281/2; light fine, 20 to 23; heavy fine, 15 to 18; tub washed. 30 to 38. New York Money. New York, March 11.-Money on call, 31/2 to 5 per cent; ruling rate, 41 per cent; closing bid, 31/ per cent; offered at 4 per cent. Time loans strong; 60 days, 6 to 6% per cent; 90 days, 6 per cent; six months, 534. Prime mercantile paper, 6 to 61/4 per cent; sterling exchange soft, with actual business in bankers' hills at email@example.com for demand, 479.856@ 479.90 for 60-day bills; posted rates, 481 /2 and 485½_,; commercial bills, 4793/. Bar silver, 69. Mexican dollars, 531/4. Government bonds steady; railroad bond= irregular. Chicago Livestock. Chicago, March 11. - Cattle-Re ceipts, 33,000. Market steady to 10c lower. Beeves, $firstname.lastname@example.org; cows and helfers, $email@example.com; stockers and feeders, $firstname.lastname@example.org; calves, $6%7.50. Hogs-Receipts, 50,000. Market 5 to 71c lower. Mixed and butchers. $email@example.com/2; good heavy, $6.90@ 7.05; rough heavy, $firstname.lastname@example.org; pigs, $email@example.com. Sheep-Receipts, 18,000. Market 10e higher. Sheep, $3.75@6; lambs, $firstname.lastname@example.org. Omaha Livestock. Omaha, Neb., March 11.-Cattle Receipts, 5,000. Market slow to a shade lower. Western steers, $3.25@ 5.50; canners, $2@3; stockers and feeders, $3@5; calves, $email@example.com; bulls and stags, $firstname.lastname@example.org. Hogs - Receipts, 7,500. Market lower. Heavy, $email@example.com; mixed, $firstname.lastname@example.org; light, $email@example.com; pigs, $firstname.lastname@example.org. Sheep - Receipts, 12,000. Market steady. Yearlings, $email@example.com; weth ers, $firstname.lastname@example.org; ewes, $email@example.com; lambs, $firstname.lastname@example.org. Kansas City Livestock. Kansas City, Mo., March 11.-Cat tle-Receipts, 10,000. Market steady. Native steers, $4.50@5; native cows and heifers, $email@example.com; stockers and feeders, $firstname.lastname@example.org; bulls, $email@example.com; calves, $firstname.lastname@example.org; western fed steers, $email@example.com; western cows, $firstname.lastname@example.org. Hogs - Receipts, 3,000. Market weak to 5c lower. Heavy, $6.85@ 6.90; packers, $email@example.com%; pigs and lights, $firstname.lastname@example.org. Sheep-Receipts, 5,000. Market 5 to 10c higher. Muttons, $email@example.com; range wethers, $firstname.lastname@example.org; fed ewes, $5@ 5.50. Chicago Grain and Produce. Chicago, March 11.-The partial abatement of the crop damage scare and the report that farmers are still holding large reserves of wheat weak ened the local market toaay. The government crop report declaring that 206,000,000 bushels of wheat were still in farmers' hands was made public during the last half hour or trading. The prevailing sentiment throughout the session was bearish because of the conflicting character of the crop. damage reports. It was generally con ceded that ,the Texas crop lad been severely injured by the "green bug," but there seemed to be a great dif ference of opinion regarding the con dition of the crop in Oklahoma. The market was also bearishly affected by the large primary receipts. The close was weak. May wheat opened 1/ to 1.c lower, at 77'A@%, sold up to 78 and ,then declined to 77%. Final quo tations were at 77%@1//, a decline of The corn market was inclined to be weak on selling by pit traders and commission houses, which was caused by the belief that the government crop report would show large stocks of corn still in the hands of farmers. These expectations were fully realized by the report that placed the total reserves at 1,208,000,000, the largest amount ever recorded on March 1. The market closed easy. May corn opened ',e lower at 47%, sold up to 47'., declined to 467/% and closed 1/4 lower at 47, Oats were weak on selling by small holders who were afraid of the gov ernment crop report. Commission houses also sold actively. The report showed the reserves to be 384,000,000 bushels, which was more than expect ed. May opened 1/@.a4c lower at 421/@%, sold between %3@%, and closed %@%c lower at 417/%@1/2 Unusually heavy receipts of live hogs caused active selling or provis ionse and brought about a sharp break in prices. At the close, May pork was off 20c at 10.30, lard was off 12%. at 9.40 and ribs were 71/2c lower at 9.07%. IRRIGATE RESERVATION Water Froom Big Horn Will Be Car ried Onto Ceded Portion of Old Fort Custer Military Reservation. Steps are being taken to place a portion of the ceded part of the old Fort Custer military reservation un der irrigation, according to the arti cles of incorporation of the Big Horn Water Users' association, which were filed in the office of the county re corder yesterday afternoon. The company, which is capitalized for $200,000, contemplates digging an irrigation ditch that will irrigate land around the proposed townsite of Lin coln on the land which was opened up last summer. The ditch will tap the Big Born near Leggin creek and run a distance of about 24 miles onto the reservation. According to the ar ticles only seven shares of stock, which are worth $10 a share, have been issued. They are held by the incorporators and directors, C. C. Cal houn, S. H. Hastings, John Reno, F. H. Church, Charles G. Davidson, Har ry Rosemond and F. . E. lder. DELAY TERRETT CASE Inability of Prosecution to Find Its Witnesses Causes Postponement Till Next Term of Court in Forgery Case From Rosebud County. The trial of L. R. Terrett, who is charged with forging the name of Sam Shaver to a bounty warrant at For syth, Rosebud county, in October, 1903, and which came to this county for trial on a change of venue, was con tinued till the next term of court by Judge Sidney M. Fox in the district court yesterday. Terrett, through his attorneys, made strenuous efforts to have the case come to trial yesterday, but the state contended that it had not been able to serve the summons on certain wit nesses and consequently was not pre pared to go to trial. The attorneys for the defense argued that the state had not used due diligence in trying to reach the witnesses, but the state proved conclusively to the court that they had. The case had been delayed by ina bility to secure a jury in Rosebud county, nearly every citizen there having been disqualified from service. Terrett's attorneys have urged that the case proceed to trial, as it is over a year's standing and has never reached a jury. Some express the fears that yesterday's postponement is but the first of a number that may have to be made in this county. A number of the witnesses in the case who had been summoned had already reached the city. INSPECTING PHONE SERVICE. General Manager Murray Visits Local Bell Exchange. D. S. Murray, general manager of the Rocky Mountain Bell Telephone company, with headquarters in Salt Lake, accompanied by Superintendent H. L. Burdick of the Montana di vision of the company, was in the city yesterday on his annual inspec tion of the lines and offices in Mon tana. Mr. Murray was very much pleased with the activity iq Billings, and es pecially the rapid development of Montana's eastern metropolis. Re cently he has been in Butte and Hel ena, and he left last night again for the west. Before returning to Salt Lake, however, Mr. Murray will in spect the lines of his company In Wy oming.