County
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Vol. XXil. No. 37. J
LEWISTOWN, FERGUS COUNTY, HONT., WEDNESDAY EVENING, APRIL 12, 1905.
Price 5 Cents.
REPUBLICAN IN POLITICS. AND DEVOTED TO THE MINERAL, AGRICULTURAL, STOCK AND WOOL INTERESTS OF THE GREAT JUDITH COUNTRY.
LOOKING FOR
SEA VICTORY
Russians Expect Admiral Rojestven
■•ky's Powerful Fleet to Defeat
Togo in the Coming Battle.
ALU READY FOR THE BATTLE
Czar's Warships Gain Entrance to
China Sea Unobserved by the Ja
panese—St. Petersburg Hopeful.
(Special to the Argus.)
Saignon, French Cochin China, April
11—Admiral Rojesvensky's fleet of
battleships and crusiers, in all about
fifty vessels, passed off port this morn
ing, steaming north-east. It is report
ed here that Admiral Togo's Japanese
squadron is tying in wait off the coast
of Formosa and if this prove correct
the fleets can scarcely meet within
three days.
(Special to the Argus.)
Tokio, April 12th—No news con
firming advices from Saignon announc
ing the passing of the Rusian squad
ron there yesterday, can be secured
here, but the Japanese officials appear
very sanguine and not in the least
disturbed because Toga has not al
ready met the invaders.
at
to
Rumors at St. Petersburg.
St. Petersburg, April 11.—Russia's
information regarding Rojestvensky's
fleet, its location, destination and in
tentions, is based solely on foreign
telegrams, which are all to meager
to prevent a quick ripening crop of
rumors, according to one of which
the adverse fleets have already join
ed in battle. Others of these dispatch
es are attempting to locate variously
the battleship division of the squad
ron. The admiralty steadfastly pro
fesses its inability to impart any light
or clarify the situation, and there is
reason to believe the profession is
made in good faith, at least as ap
plies to all except the very highest
officals.
The admiralty informed the Asso
ciated Press today that the report re
ceived yesterday was not from the
commander of the squadron, but from
the captain of a merchant ship who
had encountered the fleet and report
ed to the Russian consulate at Singa
pore.
Some naval Officers conjecture that
the four battleships are delaying in
order to effect a junction with Vice
Admiral Nebogatoff's division, but
generally credence is given to the
report that the battleships are tak
ing a southern route through the
Sunday straits, the selection of the
Singapore route being regarded as a
feint, and to minimize the danger of
a torpedo boat attack on the main
stays of the fleet.
St. Petersburg, April 11.—There is
reason to believe that Vice Admiral
Rojestvensky's entrance into the Chi
na sea has been followed by orders
for the cruisers Gromoboi, Rossia and
Bogatyr, which have been ready for
some time at Vladivostok, to put to
sea. Whether it is the intention to
send them south immediately or to
hold them In the vicinity of Vladivos
tok is not known. Their appearance
outside the roadstead of Vladivostok
would constitute a potential threat
against Admiral Togo s rear which
will compel the retention in or dis
patch of a number of lighting ships
to Japanese waters. Thus Admiral
Togo seems to be virtually placed
between two fires.
The peace influence in the govern
ment urge that this favorable strat
egic position presents the pyscholog
ical moment for offering officially the
olive branch to Japan, reasoning that
no matter how confident the Japanese
government may be of Togo's victory,
it cannot overlook the possibility of
defeat, nor fail to appreciate the com
plete disaster which would follow the
transfer of mastery of the sea to Rus
sia. With so much depending upon
the issue, they argue, both countries
have mutual interests in avoiding an
actual test, and it is not impossible,
therefore, that a new move in the di
rection of peace may come just as
the world expects to hear the call to
quarters for the greatest naval battle
of modern times.
Spirits Are Raised.
Certainly the spirits of the war
party have been greatly raised by Ro
jestvensky's success in penetrating to
the China sea; and the prospect of a
naval battle, even with the odds
against a Russian victory, which would
change the entire complexion of the
situation, has aroused something like
a flush of enthusiasm in many Rus
sian Breasts.
Some naval officers express the
opinion that Rojestvensky. having now
safelv navigated the straits, instead
of sailing north to meet the Japanese,
can afford to calmly await Vice Ad
miral Nebogatoff with his division of
the squadron, who could arrive there
in about three weeks.
The Russian admiralty on Sunday
received a long dispatch from Singa
pore, but no intimation as to its con
tents has been given the newspapers.
The papers Sunday morning printed
Singapore dispatches without com
ment. The Sviet being the only ex
ception. This paper views the news
from Rojestvensky as an auspicious
prelude to a decisive battle, which
mav show that over Rojestvensky
still shines the happy star which help
ed him, when a lieutenant, to save the
fragile Vesta in unequal conflict with
a Turkish battleship." The Sviet ex
presses the hope that Rojestvensky Is
destined to turn the tables, and that
even in case of defeat some of his ves
sels will be able to break through
and reach the Japanese sea.
THE MORMON CONFERENCE.
Polygamists Are "Sustained" in Their
Official Positions.
Salt Lake, April 6.—Joseph P.
Smith was sustained as prophet, seer
and revelator by unanimous vote of
the members of the Mormon church
at the opening session of the seventy
fifth annual conference today. When
the vote was taken to sustain the 12
apostles, two hands were raised In
dissent. One of the dissenters arose
to explain his vote, but was not per
mitted to speak, President Smith
merely stating that he could present
his dbjections to the proper authori
ties. The incident created a profound
sensation. The members who dis
sented afterward stated that they de
sired to protest against sustaining
such officers of the church as live in
polygamy.
Among the apostles sustained were
Apostles Taylor and Cowley. In his
testimony before the senate investi
gating committee at Washington, Sen
ator Smoot stated that an investiga
tion was being made by the church
into the charges that these two apos
tles had taken polygamous wives since
the manifesto, and that if the charges
were proved he would not vote to sus
tain Taylor and Cowley. Senator
Smoot was not present today, nor
were Apostles Taylor and Cowley.
CITY COUNCIL
MAKES COUNT
RETURNS OF THE RECENT MU
NICIPAL ELECTION ARE
CANVASSED.
The city council held a special
meeting Monday evening, Mayor
Symmes presiding and all the alder
men being present.
The returns of the recent city elec
tion were canvassed, and found to
be as announced in the Argus.
The matter of granting to the Ju
dith Basin Milling company a fran
chise for a railway track to the site
of the new mill, which the freehold
ers voted in favor of April 3, was tak
en up, and an ordinance prepared by
City Attorney De Kalb granting the
franchise was granted.
Libility of the City.
City Attorney De Kalb sent in an
opinion in regard to the liability of
the city for repairs done by parties
without authority from the city upon
water pipes and connections between
the street main and the place of con
sumption. In it Mr. De Kalb says:
"I am informed by the city engi
neer's office that the pipes and con
nections between the street main and
the consumer's premises are the prop
erty of individuals who consume wa
ter, and this opinion is governed ac
cordingly, assuming that I am cor
rectly informed.
"The city of Lewistown, like many
other cities in the United States,
where municipal ownership of public
works is the rule, possesses and ab
solutely controls the main lines of the
water system of the city. These were
put in place at public expense and ti
tie to the same is in the city of Lewis
town. The city, the same as any pri
vate corporation, is in the water sell
ing business, and impliedly says to the
one desiring water from the city
mains; 'You furnish the connectin
pipe between your premises and the
water main, pay for the installation
and other expenses and water will hi:
furnished you for a stipulated sum.
While, perhaps, the city of Lewistown
operating a water works under such
a system, has absolute control of and
supervision over these pipes so plac
ed by consumers; and while a re
moval thereof by the owner, except in
conformity to certain reasonable re;
ulations, would not be allowed by the
city for obvious reasons, the consumer
may have absolute tale to connec
tions referred to. The connecting
pipes belong to him. He has not
parted with his title to them by con
necting up with the water mains of
the city.
On the other hand, the city, by
merely permitting him to thus con
nect with the city mains, does not as
sume the slightest responsibility for
errors in judgment concerning ma
terials used in connecting pipes and
the placing of the same. If there is
any defect in the material, or if the
pipes are not properly laid and are
damaged by freezing, the one con
trolling the connections is solely re
sponsible for the conditions existing.
True, the city will permit only such
workmen to operate and do work in
connection with its water system, as
have proven to the officials of the
city that they are competent plumb
ers; yet they are not officials of the
city and the city assumes no respon
sibility for their acts. The city is not
liable for errors in judgment in the
selection of plumbers.
"It is the duty of the city engineer
to supervise the work of placing the
connections, but he does only such
things as safeguard the city's inter
ests. It is merely his duty to look
after the interests of the city and see
that the ordinances regulating the
placing of pipes have been complied
with. If he does anything else, at the
instance of the one having the pipes
placed, the person at whose instance
he acts is chargeable with the conse
quences.
"Therefore the connecting pipes be
ing owned by private individuals, sub
ject to things as hereinbefore stat
ed, alterations and repairs made nec
essary for any reason must be made
and done by the one owning or con
trolling the line, and any expenses
incurred therefor must be wholly as
sumed by such person. I hold that
the city Is in no manner liable there
for."
(Continued on page four.)
SCHOOLS OF
LEWISTOWN
Splendid Progress Has Been Made
During the Past Year in All
of the Grades.
COMMENCEMENT DAY PROGRAM
Operetta to be Presented at Culver's
Opera House—The Fire Drill—
Increase in Attendance.
a
As the time aprpoaches for the city
schools to close, interest of teachers
and pupils alike increases in the great
event of the school year, and both
will have cause for congratulation on
the progress made.
Commencement day will occur this
year on May 19, and there will be
twenty graduates from the eighth
grade into the high school, as com
pare with 12 last year. The event is
to be celebrated by the students by
the presentation of an operetta at
Culver's opera house on the evening
of May 19.
J. R. Bevis, the efficient superin
tendent, has about completed his sta
tistical report for the past year, and
while there will be some additions
to it later, it shows accurately the
present condition of the schools and
the progress made during the year.
The total number of pupils enrolled
during the year was 585, as compared
with 508 last year, an increase of 77.
The average daily attendance has
been 95 per cent, which is considered
an excellent showing. The cases of
tardiness have been reduced to
minimum during the past year, and
truancy and corporal punishment are
practically things of the past.
The teachings corps at the city
schools is one of the very finest in
the whole state.
Including Superintendent Bevis,
there are thirteen teachers, and their
standing may be understood when it
is said that nine of them have state
certificates or diplomas ur both, while
ten are normal graduates, and all baye
received special training for
work.
The teaching staff is composed of
Jennie A. Fulton, Agnes Trost, Géor
gie Metcalf, L. May Ruthruff, Alica
O'Hara, Mrs. Minnie C. Holman, Io
Remington, Orpha Noble, Mercy Jack
son, Lena Newell, Jessie Kingsbury,
Margaret Hughey.
Recently the fire drill has been in
troduced in the central building, and
great proficiency has been attained in
this. The 231 pupils now attending
there are, under this system, taken
out of the building in about a minute
and a quarter. This will be gradually
reduced to one minute, which is about
the least time possible there. The
children take a great interest in the
drill, and it is a sight worth seeing
when they form in their rooms, and
march out like a body of soldiers on
parade. The records made by the pu
pils has been exceptionally good this
year, due largely to the interest with
which the instructors have inspired
them in their work. Superintendent
Bevis has worked out a system of his
own for keeping the records of the
pupils, who show signs of falling too
far behind in any particular study,
and those who fall below 75 per cent
received special attention with a view
to bringing up their standing and this
rarely fails.
There has been just printed at the
Argus job office, a book on the Lew
istown schools, which is one of the
most complete and valuable publica
tions of the kind ever put out in Mon
tana. The matter was all prepared
by Superintendent Bed», and it shows
the excellence of the school system
of this city. While intended primarily
as an aid to the teachers and pupils
in their .work, it will be a valuable
exhibit as to the educational facilities
offered in this city. This is one of the
things that receives careful attention
at the hands of those who may be
thinkng of locating in a new place,
and fills an actual want.
It gives complete information as to
the course of study, the rules under
which teachers and pupils work, with
much other valuable data. In pass
ing, a word of praise is due for per
fect conditions prevailing at the school
houses. At the central building, ev
erything is as neat and orderly as in
a parlor, and the deportment of the
pupils Is most excellent. They show
an interest in their work and that is
a source of inspiration to the teach
in order to further beautify the cen
tral school, the teachers have just or
dered a number of classical and his
torical statuary, which will be used
to ornament the assembly hall, in
which 109 pupils are now accommo
dated.^. The statuary will arrive and
be placed before the schools close.
At the High School.
The past year has been one of excep
tional progress at the county high
school, and under the able direction
of P. M. Silloway, who is serving his
last term with that institution, it has
developed in all directions, and Prof.
Silloway can turn the work over to
his successor with a feeling of pride
in what he has accomplished.
There will be two graduates at the
school this year, Leo Beebe and John
Phillips, and the students, numbering
nearly 100, are looking forward to
the annual commencement.
Prof. Silloway has completed the ar
rangement of the wonderful collec
tion of Montana birds made by him.
In the museum there are hundreds of
fine specimens, all skillfully mounted,
and ranging from the golden eagle to
the tiny humming bird. Then there
is a correspondingly large and vain
able collection of birds' eggs.
Prof. Silloway has also secured a
collection of Montana ttoods, these
being shown in sections of trees
In other cases are shown stuffed
small animals, and Prof, snioway's
collection of Indian arrow heads and
stone implements, secured from the
mounds of Illinois, is very interesting;
There are many other objects in the
museum that are of value to the stu
dents.
The roster of Instructors at the
high school is:
P. M. Silloway, principal; Adelaide
M. Thompson, mathematics; Gertrude
Maxwell, English; Julia M. Hawkos,
science; Emma Katherine Hates, lat
in; Mrs. E. E. Brewer, music.
The high school students have sev
eral literary and other societies, and
a strong academic spirit prevades the
student body.
UTAH PRO PHET 13 ENJOINED.
Smith Mixes Business and Religious
Matters Too Freely.
Salt Lake, April 7 - —An injunction
suit was filed in the Third judicial
distret court today asking the court
to restrain the Churdi of Jesus Christ
of letter Day Sainte and Joseph F.
Smith, its president and trustee-in
trust, from investing the tithing of
the church for any other than church
purposes. The petition was filed by
members, Charles A. Smurthwaite, of
Ogden, who recently was excommun
icated from the chuich; and Don C.
W. Mttsser, a member of the church,
who yesterday voting against sustain
ing the 12 apostles. The petition, af
ter setting forth that the tithing paid
by the members of the church amounts
to $1,000,000 a year and that Joseph
Smith, as trustee-in-trust for the
church, has each year since his ele
vation to the presidency invested ful
ly half a million dollars in sugar fac
tories, woolen mills, banks and other
secular enterprises, and also to "es
tablish estates and residences for the
church leaders and their favorites,"
which action, the plaintiffs aver, is in
violation of his trust prays the court
to declare the legal duty of President
Smith with respect to the tithing and
other funds intrusted to his care, and
the purposes for which they may be
used. A temporary injunction is ask
ed for to restrain the church and its
president from investing the tithing
funds and other church money in any
business enterprise for profit, to be
followed by a permanent injunction
after final hearing.
The Mormon church is incorporated
under the laws of Utah.
HOW SHERIFF
FOILED MOB
SAVES BRUTAL MURDERER FROM
BEING LYNCHED BY EXCIT
ED CITIZENS.
Trinidad, April 10.—The assassina
tion of John H. Fox by Deputy Sher
iff Joseph Johnson, and an attempt
at lynching, frustrated by Sheriff Dick
Davis and a posse, and later a race
between the sheriff and posse with
the prisoner for a special train, and
an angry and excited mob of 2.0U0
people bent on vengeance, were the
wild scenes enacted in Trinidad this
afternoon. The assassination of Fox
was the most cold-blooded murder ev
er committed in Las Animas county
Fox was standing at a desk in the
lobby of the postoffice reading a news
paper with his back to the door. John
son entered, six-shooter in hand, and
without the least warning, sneaked up
Dehind Fox and fired. The bullet eu
tered behind the left ear and came
out of the forehead, passed through
glass door into the elevator lobby
grazing the head of a man standing
in the elevator. Fox fell backwards
dead, and Johnson, coolly walking
from the postoffice, started toward
the county jail when lie was arrested
by another deputy sheriff and placed
in the county jail.
The news of the assassination spread
like wildfire and soon a mob of 1,01)0
people gathered in front of the post
office, making threats of lynching.
When the body of Fox was carried
by the mob and placed in an under
taker's wagon the sight seemed I«
turn them to frenzy, and a rush was
made for the county jail amid loud
cries of "Lynch the murderer." In
the meantime, the sheriff swore in 50
deputies, who surrounded the jail, and
when the mob reached within haif
block the sheriff halted them and
said:
"As sheriff I am sworn to protect
my prisoners. I will kill the first
man who attempts to come up those
steps.
If you get Johnson it will be
over my dead body.'
This had the effect of checking the
mob, who lacked a leader, and after.
muttering vengeance for an hour the
mob left, and reformed in front ofj
the postoffice, when plans of lynching
were discussed. Several prominent
citizens addressed the mob and dur
ing this times Sheriff Davis secured a
special train on the Colorado and
Southern. Later Johnson, surround
ed by deputies, started from the jail
on a dead run for the waiting train
three blocks away. This news reached
the mob, who started pell mell af
ter the posse, growing in numbers en
route, until fully 2.500 people had
gathered. The sheriff succeeded in
geting his prisoner on board, but when
the train started the mob was less
than 20 yards away.
A thrilling experience occurred af
ter the rain had started. leaving the
excited mob cursing and throwing
rocks, but fortunately ne shooting was
done. After the train had run about
300 yards a coupling broke. When
the mob saw the engine leaving the
caboose they rushed forward again,
yelling like mad, and paying no at
tention to the command of the posse
to halt. Then the engine was again
coupled and made a successful dash.
When the mob saw it was foiled It dis
persed. The prisoner was taken to
Pueblo.
For Job work in any line, neatly
executed, call on the Argus Job office.
ROOSEVELT
ONTHE TRAIL
President Has a Good Day's Sport
Hunting Wolves on the Deep Red
Creek in Oklahoma.
TEDDY LEADS THE HUNTERS
Secretary Loeb and His Assistants At
tending to All Official Business at
Fort Worth—Colorado Hunt.
Oklahoma City, April 10.—The
president and his party began their
return this morning after experiencing
the western rain storm during the
night. A special from Frederick says:
"The wolf chase, to which the presi
dent has been so eagerly looking for
ward, began early this morning at
Camp Roosevelt, 18 miles southeast of
here. There were about 40 clogs in
the pack, and those which have not
been tied have been nosing all around
this portion of the reservation since
they arrived in camp, and every now
and then a cheery yelp tokl their mas
ters that they had scented some game.
'The party of about a dozen, includ
ing President Roosevelt and his doc
tor, had not traveled far this morn
ing until their dogs were leading them
on to what turned out to be a fresh
scent. Soon the leaders were reward
ed by seeing in a neighboring ravine
a lank, gray wolf, deliberately loping
as if unmindful of its pursuers. The
dogs all seemed to catch sight of the
prey at the same time, for horses and
dogs now set forward with renewed
energy. The wolf tried to elude its
pursuers by dodging, but this only
hurried matters, as it enabled the
foremost dog to catch up with Its
prey. As the wolf turned to beat off
its assailants other dogs sprang up
on the bristling animal and bore
to the ground, where it was quickly
dispatched without the aid of the
hunters. Two other wolves were kill
ed In much the same manner.
The president was invariably at
the head of the procession of riders.
At one point, seeing some water in
a buffalo wallow, lie galloped to the
spot before the dogs reached it and
sipped up the refreshing liquid in good
old-fashioned cowboy style. Only
about ten of the parly were permit
ted to tenter in the afternoon's sport,
however, as it was found that the
greater number of hunters the small
er the amount of sport.
"Horses, riders and dogs seemed to
grow in endurance as the day waned,
and by night the big reservation con
tained a considerably less number of
coyotes than it did when the chase
began.
"Gov. Thos. B. Ferguson and ex
Delegate Dennis T. Flynn notified
Postmaster Ahern that they would be
here Wednesday to greet the presi
dent. The business men of Frederick
met this afternoon and appointed a
committee to see that they are prop
erly cared for. These gentlemen are
to speak in the afternoon and a ban
quet will be tendered them in the
evening. It is expected that Presi
dent Roosevelt will be in to attend
the banquet."
at
Loeb Attending to Business.
Fort Worth, Tex., April 10.—Secre
tary lvoeb and his assistants are con
fident that President Roosevelt and his
party are enjoying to the fullest pos
sible extent their wolf and jackrabhit
hunt on the Deep Red creek in Okla
homa.
No communication of any character
has passed between the president and
his secretary since they parted on
Sunday. A large batch of official mail
was received here today, but it was
of an unimportant character. None
of it was forwarded to the president.
Secretary Loeb and other members
of the parly located here have little
to do. Fort Worth citizens have been
hospitable in arranging entertain
ments. A barbecue will be given to
morrow.
The Colorado Bear Hunt.
New Castle, Colo., April 10.—The
big pack train and camp outfit for
President Roosevelt's party received
hurry-up orders to move today, and
Guides "Jake" Borah and John Goff
headed the procession of nearly 100
horses and 60 dogs south of New Cas
tie, where camp was pitched for a
week or ten days. As soon as the
, „ ........
can *P 1» we " established, the extra
men> as as several ranchmen
Hn 'j trappers who will
ofj w '** scour the country
a
in
to
be engaged,
n search of
bear tracks. They will carefully note
ail the signs anil general locations,
so when the president starts out there
will be no delay in looking for tracks.
Citizens of New Castle are planning
a novel reception to the president
next Saturday morning, which will be
subject to his approval.
It is-proposed that a grand parade
be held, in which President Roosevelt
shall rkle so he cart be seen by the
citizens. At the end of the proces
sion will be a monster cinnamon bear
in a cage. The animal was recently
captured and he is now at the resi
dence of Frank Hillard, where he has
succeeded in killing at least a dozen
dogs and injuring seveial men who
ventured too near him.
Goff and Borah will put their pack
of hounds in a corral, and the bear
will be given an hour's start for the
hills. Then the packs will set on the
trail and President Roosevelt, with
the leader, Philip B. Stewart, and the
guides, will follow in hot pursuit. This,
it is planned, is to be the official start
of the hunt.
Crowding Out the Whites.
Vancouver. B. C-, April 11—Oriental
labor has been driven out of a mill
at Salmo. A party of 33 men. of whom
10 were Chinese and 23 Japanese,
were taken from this city to the Koot
enai shingle mill at Salmo. It was
learned at Salmo that the Japanese
and Chinese workingmen were coming
and a crowd of 200 white men were
at the station when the train arrived.
The whites refused to allow the Ori
entals to leave the depot, and the
newcomers, took the next train to Nel
son, the nearest station. The company
says it requires the Orientals and can
not work without them. Another at
tempt will be made, with the aid of
the provinical police, to land the Asia
tics in Salmo.
Funeral of Wm. Abel.
The funeral of the late William Abel
father of John F. and William M.
Abel, of this city, occurred today at
the Catholic church, Rev. Father Van
Clarenbeck officiating. There was a
large attendance of relatives and
friends.
Mr. Abel died very suddenly at Al
berta. near Straw, Monday afternoon,
heart failure being the cause. Mr.
Abel was a well known and highly re
spected citizen.
Tom McDevitt in Trouble Again.
Great Falls, April 12.—Tom McDev
itt, who has figured before in Fergus
and Cascade county courts, pleaded
not guilty in justice court today to
the charge of breaking into a room
and stealing a watch and about $13
in money. He was bound over to the
district court.
POWER SITE
FOR LIBRARY
TRUSTEES SELECT LOT AT COR
NER OF FOURTH AVENUE
AND WASHINGTON.
The board of library trustees held
a meeting Thursday afternoon, and
finally selected a site for the Carne
gie library. Realizing fully the im
portance of their action, the trustees
discussed the whole matter at length,
and reached the conclusion that, all
things considered, the most desirable
tender receved was that of T. C. Pow
er, who offered to sell the lot at the
corner of Fourth avenue and Wash
ington street, having a frontage of
90 by 100 feet, for $2,000. Mr. Pow
er offered to contribute $1U0 toward
tiic purchase price, aud Mrs. Wini
fred A. Erickson agreed lo give $250
for Ute same purpose. This would
make the actual amount to tie raised
$1,650, and from expressions made by
citizens, there is no doubt that tills
sum can easily be secured by sub
scription.
To Push the Work.
Having decided to accept the of
fer of Mr. Power, the trustees will
at once arrange to receive subscrip
tions to make up the sum required for
the purchase, and will make every ef
fort to have actual work on the li
brary building begun at the earliest
possible day.
The plans for the structure have
not yet been prepared. No step could
be taken in that direction until the
site was secured, as the nature of
the plans is controlled by the na
ture of the site, its area, etc., but
this matter will receive immediate
attention. When completed, the plans
will be sent to Mr. Carnegie for his
approval, that being the only condi
tion that has not been complied with.
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JUDGE LOUD REVERSED.
Decision in Cattle Transaction Made
in Fergus County.
Helena, April 11.—Failure on the
part of the foreman of the ranch of
William Ettien near Utica, Mont., to
accept cattle when delivered is likely
to lose him 45 range ealtle, which
have been in controversy for some
time. The lower court had decided
the case in favor of Ettien its against
H. B. Drum, and had denied Drum's
motion for a new trial. In a decision
handed down yesterday by the su
preme court, the action of the lower
court is held erroneous and the case
is remanded to the district court.
The case is the outgrowth of a sale
of cattle made in July, 1900, by Win.
Deaton to William Ettien. Deaton
sold not only all his cattle, of which
he had 760, but their brand as well.
He made two deliveries, one of 607
cattle on Aug. 5. and of 98 cattle on
Sept. 1. Later he made a delivery of
45 cattle, the remainder of the herd,
which it was claimed they could not
deliver at the time of the original
sale. Ettien was not at home ami the
foreman of his ranch refused to ac
cept the cattle. They were then
driven on and sold to Drum.
The case was originally tried before
Judge Loud in Yellowstone county,
who held that the custom regulating
the sale of range cattle in that sec
tion of Montana was that all cattle
bearing the brand sold, belonged to
the purchaser of the brand, no mat
ter where found.
It was upon this conclusion the de
cision of the lower court was reach
ed.
The supreme court holds that such
an interpretation of custom would
mean the abrogation of section 4491
of the civil code. Justice Holloway in
banding down the decision explaining
that "every transfer of personal proi>
erty, if made by a person having at
the time the possession or control of
such property, if such a transfer is
not accompanied by immediate de
livery and followed by an actual and
continued change of possession of the
thing transferred, is conclusively pre
sumed to be fraudulent and void as
against subsequent purchaser in good
faith."
The decision further points out that
while it is assumed that Deaton knew
of the circumstances surrounding
the transfer, there was no evidence
that Drum knew anything about It,
and he is accordingly assumed to be
an innocent purchaser.
The action was originally brought
by Ettien against Drum for the re
covery of the cattle.
WORKING FOR
REVOLUTION
Little Doing in Manchuria, But Rus
sia Still Has Plenty of Trouble
Right at Home.
IMPROMPTU MEETING OF "REDS."
Revolutionary Addresses Are Made,
Red Flags Displayed and Proc
lamations Delivered.
St. Petersburg, April 11.—Events
in Manchuria have come to a pause,
and at home the main attention is
being given to the work of the Bouli
gan commission, which, is charged
with formulating the plan for the rep
resentative assembly promised by the
imperial rescript of March 3. The
commission is meeting twice weekly*.
The statement that the preliminary
report of the commission will be ready
before Easter is incorrect. The
amount of material for its considera
t'iun is too great to permit of this,
The chief problem is that of represen
talion for governments wehere the
zemstvo organization is not at pres
ent installed and election machinery
is not available.
The summary closure of the lawyers'
congress in St. Petersburg yesterday
in tlte midst of the opening session of
what promised to be a repetition of
the Moscow conference of doctors,
manifests the firm hand with which
Governor General Trepoff is managing
the difficult situation.
Revolutionaries yesterday contriv
ed an impromptu meeting in front of
the Putiloff iron works at the hour
for beginning work. An immense
crew of workmen was attracted and
revolutionary speeches were made,
red flags produced and proclamations
delivered. Six policemen who at
tempted to disperse the crowds were
roughly handled, but tue assemblage
scattered at the approach of the po
lice reserves.
Tile verdict of the commission ap
pointed to investigate the condition
at Port Arthur at the time of the sur
render is expected soon.
Anti-Semite proclamations have
been issued at Smolensk and Orel,
and posted at fence corners in that
section of Russia calling upon the peo
ple to arise and beat the Jews. The
effect of this incitement on the peas
ant population in the present condi
tion of affairs in the rural districts
is feared.
Several cases of destruction of por
traits of Emperor Nicholas, follow
ing the example of the students of
St. Petersburg, have been reported re
cently. The latest of these was at
the high school in Rontny, as related
in the Associated Press dispatches
fro ht Moscow.
A revolutionary leaflet, entitled
"Tlte People's Journal," distributed
by thousands among the working
classes of Moscow and the peasants
of that vicinity, appears to be a
counterblast to all attempts to incite
the proletariat against the educated
classes. Reviewing the grievances of
the lower classes, it declares that the
"Intellectuals" were the first to under
stand the cause and enlist in defense
of the people, and indirectly com
mends barnliurning, bread riots and
terrorism; pillories M. Witte with
Von Plehve, Grand Duke Alexieff, M.
Bezobrazoff and the dowager empress
for causing the war; praises "the
brave Japanese" and demands the "in
stant termination of the war and the
summoning of a constituent assem
bly."
No Change in Manchuria.
St. Petersburg, April 14.—A dis
patch from Chief of Staff Karkevltch
to the general staff, dated today, from
the front, says there has been no
change in the situation of the two
trmies.
STRIKE IN CHICAGO.
Teamsters Are at War With Montgom
ery Ward & Company.
Chicago. April 11.—There was noth
ing in today's development that would
indicate that there would be a peaca
ble settlement of the strike inaugurat
ed by the teamsters against the mail
order house of Montgomery Ward &
Co.
The wagons and vans of the big
store, manned by non-union men, made
several turbulent trips today deliver
ing goods to railroad freght houses.
Although big and noisy crowds fol
lowed the caravans and the police
were forced to break a number of
blocades, deliveries to railroads were
declared by the officials of the store
to have been a great deal more suc
cessful than last week's ones.
Forty members of the Employer's
association, at a meeting today, issued
a statement to the teamsters to put
a stop to the sympathetic strike. In
the resolution adopted by the employ
ers it also is declared tnat under no
circumstances will they allow the
teamsters to interfere with the carry
ing on of legitimate business, as will
be the case should the strike be ex
tended to other .poncems in order to
bring Montgomery Ward & Co. to
terms. The teamsters for the past two
days have been threatening to de
clare a sympathetic strike in other
parts unless a speedy settlement of
the present struggle is reached.
The force of the police guarding the
freight caravans pf Montgomery Ward
& Co. were doubled today in antici
pation of rioting by sympathizers with
the firm's striking teamsters and gar
ment workers. About 200 bluecoats
were on hand at the Ward building
when the wagons were ready to start.
If you v ant all the news all
imp read the Arens.
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