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00M Weekly METAL MARKETS ARIZONA WEATHER ft 1; Bar silver: Foreign - Domestic - - Copper Steady. Electrolytic spot (Furnished by the United States Weather Bureau and1 the Associated Press.) Tuesday and Wednesday General ly fair; somewhat cooler east. 99c 99J4c Journal - Miner PIONEER PAPER OF ARIZONA PRESCOTT JOURNAL-MINER, WEDNESDAY MORNING, SEPTEMBER 14, 1921 FIFTY-EIGHTH YEAR HUNDRED D H IN TEXAS AS STORM.FLOODGONTINUE FUHY; ' 1ST 1T1SIUDS (Associated Pipss Night Wire) SAN ANTONIO, Sept. 12. More than 100 bodies of flood and storm victims in the lowlands along the San Gabriel river in Williamson and Mi lam counties have been recovered, according to the correspondent of the San Antonio Express at Taylor, tonight. . The correspondent tele-, phoned: "One hundred and nine bodies have been recovered from the flood ed lowlands along the San Gabriel river in .Williamson' and Milam counties as Ihe result of more than 20 inches of rain between last Friday and Saturday morning. Mist 'of the dead are Mexican farm laborers." Another dispatch to the Express from Rosedale, Milam county, said: "More than 20 families in the Bra zos river bottom are reported lost. Five are known to' have been drown ed on the Ed Green farm" in the San Gabriel bottom." Death lists from the different towns reporfed here follow, most of the victims being Mexicans: Thorndale 5 Laneport . , 23 San Gabriel 1 Alligator Creek Roy Bland farm, near Taylor 4 Elm Grove (including. Jake Bowers) . 29 Two -unidentified American' children drowned in Brushy Creek near Tay lor. 'Mrs. H. L. Brown and son, Lee, at Redville gin on Alligator creek. BOB MERRITT DIES FROM 2-STORY FALL (Associated Press Nrght Wire) GLOBE, Sept. 12. A verdict of accidental death was returned this afternoon by a coroner's jury inves tigating the death of Robert E. Mer- FOItClSEOFiBERIS LI 88IST fflTT A1UCILE (Associated Press Night Wire) SAN FRANCISCO, Aug. 12. A formal charge of murder was filed in police court here today charging Ros coe (Fatty) Arbuckle, motion picture comedian, with murder in connection with the death last Fridaj' of Miss Virginia Rappe, motion picture ac tress. The charge, the second filed against Arbuckle since Saturday night, was sworn to by Mrs. Bam bina Maude Delmont, a friend of Miss Rappe, who attended a party in Arbuckle's suite in a hotel here a week ago today. At the party, according to wit nesses, intoxicating, liquors were con sumed and Arbuckle, it is alleged COUNSEL FOR FATTY ASK HOLD JUDGMENT (Associated .Press Night Wire) SAN FRANCISCO,. Sept 12. Before the inquest into the death of Miss Rappe began, Roscoe Arbuckle's attorneys, learning of the cancellation of the showings of pictures in which he is the star, issued "a statement asking the public to -withhold judgment until the court has rendered its verdict The statement of the at torneys said in part: "With a full knowledge of our position as attorneys," we assert that Roscoe Arbuckle is innocent of any and ail charges made against him in connection with the death of Miss Virginia Rappe and that the courts of California will sustain our confidence in his innocence. We appeal to the con science and the heart of the American public to hold in abey - The Journal-Miner believes that in the last election, the people of this county expressed themselves emphatically for a republican board of supervisors, and we con tend that this wish should be re spected at the present time. There seems to be no chance, however, , for the expression of this wish in the selection probably today, of a third supervisor. Under those circumstances, then, it appears that as the se lection is probably to be made along party lines, the organiza tion should be respected. The democratic party has not heard from its rank and file, but lack ing such opinion, the next best expression is that of the organi zation's central committee which has endorsed Arthur W. Davis. Aside from these considera tions, Mr. Davis deserves the fcer ious thought of the appointive body for that he is active, and energetic in public affairs as in private ones and has just been instrumental in saving the tax payers of this city, at least, what one of his colleagues on the city council estimates to be $75,000 by withholding support from the paving bids. ritt, former state sealer of weights and measures, whose skull, was frac tured early Sunday morning in a fall from the second story of a downtown rooming house. Merritt died late Sunday night. The; wife, who has heen visiting at Wich ita 'Falls, Texas, is expected here Wednesday. by the district attorney, attacked Miss Rappe. The inquest into the death of the actress was started this afternoon. Arbuckle appeared at the inquest and earlier in the day he had appeared in police court to be arraigned on the charge filed by Mrs. Delmont. Pleading in the cast was continued to Friday. 266 Pounds of Woe The comedian was measured and photographed -by the police for tlje rogue's gallery. He gave his age as 34. He weighed 266 pounds. The grand jury was called tonight to consider the death of Miss Rappe. Her body will be sent to her for mer home in Los Angeles for burial after the inquest. ance any judgment until the court has determined upon the guilt or innocence of our client. We, with complete knowledge of all facts, know that he is innocent "The patrons of the silent drama, having a knowledge of the smiles and the heart of Fatty Arbuckle will not believe that he is guilty of these charges made against him until proved in a court of justice." ARBUCKLE'S PARTY (Associated Press Night Wire) SAN FRANCISCO, Sept. 12. The manager of the hotel St Francis where Fatty Arbuckle had his suite, was ordered today before the district federal prohi bition enforcement officer to be questioned regarding the liquor said to have been consumed by the Arbuckle party. IS SUBSTANCE OF A RULING; TIME SET There is a legal vacancy in the board of. supervisors due to jthe ex tended absence of Jack Jones in a California hospital. The failure of the board's remain ing members and' the county recorder to name a successor t'o Mr. Jones is unwarranted. The three officials are commanded to fill the vacancy forthwith, and are given a time limit 10 a. m., Wed nesday in which to take suitable ac tion. These are outstanding facts in a decision filed with the clerk of the superior court by mail yesterday morning, from Judge Elmo Bollinger of Mohave county, who tried the supervisor mandamus case. The decision gives victory to Homer Wood, who sued the county officials as a taxpayer and in his own behalf and that of all other citi zens, similarly situated. Mr. Wood's name appeared as plaintiff and the names of Supervisors Midgley and Stukcy and Recorder McSwiggin as defendants. The three officials were served with copies of the writ by attaches of the court late yesterday afternoon. Only. McSwiggin was in the city. He fold the Journal-Miner he did not know what action would be taken re garding calling a meeting; but pre sumed W. W. Midgley, as the chair man of the, board, would take the initiative. t, "Do you know who will be ap pointed?" he was asked. . "I know who I'm going to vote for," the recorder replied. T suppose there will be a meeting by tomorrow afternoon, but. don't know." , . -iV - Joe. Morgan, an attorney, told Mack that as the writ was directed to him by name and title, failure to act, whether the others took the ini tiative or not, would constitute con tempt (of court. Paddy Keohane, who was lingering near, thought it would be nice in that case, to slip the re corder a' cigar through the bars. "Now, Mr. McSwiggin, honestly,, have you any idea who will get it?"- 'Well,- I don't know what Midg ley and Stukey are going . to do., They may get together on someone. But I don't give a darn." Bollinger's Opinion Judge Bollinger's decision sets forth that the court found the facts to be as stipulated as to Jones' ab sence. It was also found as a mat ter of fact that there is a vacancy under' paragraph 240S of the code. The court could not agree with Mr. Robert E. Morrison, counsel for he board, that specific references of the statutes to vacancies did not ap ply to county offices. Mr. Mqrrison had also pleaded that the board had taken no official action declaring a vacancy, as alleged by the petitioner. But this was not vital? the court held; "any action" or failure or neglect to act on the part of the board, could not affect the' legal' status of the board, the same being that of an or ganization of three members with only two serving. The law, said the court, was de signed to protect the interests of the public. It was aimed to prevent of fices going along without incumbents. It was vtry unfortunate, that Mr. Jones was ill, but that constituted no reason why the county's business should be neglected. WAR IN BESSARABIA (Associated Press Night Wirej RIGA, Sept. 12. The Russian soviet government has declared a state of war in Bessarabia, the Rou manian frontier zone, according to the Rosta News Agency. Leon Trotzky, bolshcvist minister of war, has gone to the Ukraine ap parently' in connection with the re ported mobilization of Ukrainian or anti-bolshevist troops recruited there. At Zhitomar, according to the Rosta, Trotzy said: "We want peace but those who want to 'penetrate Rus sia forcibly will collide with the arm ed red fighters." HALTED TO SECURE AN EASIER BID SAVING $75,000 "After investigation I am con vinced that in rejecting the paving bids, we have saved the property owners $75,000," said Councilman Byers to the Journal-Miner after the meeting yesterday. "T By unanimous action, the city coun cil yesterday afternoon rejected the paving bids, and decided not to do anything further in,, the matter, until next year. In the meantime the city engineer will investigate the, cost of paving of different types other than the bitulithic. in, various' Arizona and onen cities. When the council convened. Coun cilman Davis promptly announced that he had satisfied 'himself ' as to the paving bids and moved that both be rejected. Mayor Goldwater stated that a telegram had been received offering to reduce the bid for the paving itself to $3.60 a square yard, a reduction of eight cents, and added that if anyone had any .-remarks to make the council was ready-to listen. No one voluntered any remarks, and the rcAl was called, all voting aye, Councilman Vyne being absent. Councilman Byers then stated that he had ascertained that the freight rate on cement to Prescott was ex actly the same as to Phoenix, al though it had been stated the other night that there was a -differential -of $2 against this city. To this Power Conway, the representative for the bitulithic pavement, replied that he' had understood such .a difference ex isted but he 'had not persbnally in vestigated." "Am glad to learn," observed the mayor, "that the railroad is not dis criminating against this town." Byers was in favor of excluding the bitulithic type in future specifi cations as no competition could be obtained when that type was desig nated. Davis proposed that the city attorney in drawing up another reso lution of intention, provide for plans which do not specify the surfacing. In explaining his vote. Councilman Smith stated that it was not so much the price of the paving itself that he objected to, but the bids for vthe. grading anc other items he had ascer tained were excessive. For instance, the price for concrete culvert arches was about twice as much as what it had- been costing the city to do that work; After it was agreed that it -'would be impracticable to do anything this year, the city engineer was instructed to make the investigation as above stated, particularly in 'view of the statement Byers' that many cities in California were now omitting .the capping in their paving. The bids for installing a lighting system which had been held over from last week, were taken up, and the contract awarded to Vyne Bros, on their bid of $10,741, and to be al lowed "$188 additional for using posts to "be made by the Prescott Iron Foundry, in preference to posts made in Phoenix. In reply to a question from the mayor. City Engineer Kline stated that the cost to the property owner for the lighting system would be $82.50 for each 50 feet of frontage. As Vyne Bros, will proceed im mediately with their contract, it was voted, on motion of Davis, to adver tise for bids for a lighting system for two blocks on South Pleasant street, bids to be opened on October 3. , Outside property owners desiring to connect with the city's sewer sys tem, it was ordered that a connec tion charge of $50. be made. CAMPBELL ASKS TROOPS TO STOP FEARED RAID ON SLAUGHTER RANCH; REQUESTS SONORA'S AID TO PREVENT RETALIATION CAPTURE OF SLAYERS (Associated Press Night Wire) PHOENIX, Sept. 12. A reward of $5jOOO for the capture "dead or alive" of-bandits, believed to be. Mexicans, who on August 26 last ' killed Post master and Mrs. Frank J. Pearson of Ruby, has been authorized by the postoffice department at Washing (Associated Press Night Wire) BISBEE, Sept. 12. Deputy sher iffs stationed at the Slaughter branch, 18 miles east of Douglas, reported today that what they believed was an attempt to raid the ranch, was made late last night. The deputies report ed that the- went outside the ranch PEREZ AND GARCIA, CAUSE OF VENGEANCE RAIDS, SENTENCED TO LIFE IN TIE PRISON (Associated Press Niglit Wire) TOMBSTONE, Sept. 12. Manuel Garcia and' Jose Perez, convicted j last1 week of murdering Jess Fisheri foreman, at the, John Slaughter ranch, were today sentenced to life impris mcnt in the state penitentiary at Florence. With the sentencing of the two Mexicans, Sheriff Joe Hood has ordered that a close guard be kept CATTLEMAN IS CTT iiuli I SHUT Jjm Brown, owner of a small cattle outfit, "was shot and. instantly killed b'. "Bugs" - Burnett, cow- puncher of the OX ranch'near Con gress Junction yesterday afternoon, according to information reaching- the sheriff's office. An automobile carrying Deputies Grant Carter, Jim Cook and Jeff Davis was dispatched to the scene at once, and the sheriff's office an nounced that the men would be out of touch by wire with the office until this morning: 'Little could be learn ed about the circumstances surround ing the supposed homicide. Justice of the 'Peace John G. Con nery of Congress Junction reported the matter to the authorities. Brown was said to be 32 years old, married, and the father of four chil- dren. He is a ranch; hand by tr"ade, but'' is running 'a small bunch of cattle. Burnett-works for Bud Ming of the OX outfit. 'The killing is said to have occur red nearly directly between Date Creek and Congress Junction and about a mile and a half from the OX ranch house. , r' BIG TIME BALL National League Philadelphia-Boston, rain. No others scheduled. American League Pittsburg. 5-3; Boston, 4-4 (first game 15 innings). Coast League Oakland, 6; San Francisco, 1. Portland, 9; Seattle, 2. vf- it' DM u BEING -3 OF RUBY POSTMASTER ton, according to information re ceived by Sheriff Montgomery here today. The order authorizing the reward was cicrtlprl Viv T?tcli T) Jtnmnnc ,i,:r wuAoi "ic . superior . . , Cr .... ington and S. H. Morse, postoffice inspector at San Francisco. house when they heartl several dogs barking and saw' two men running toward the border. Before the depu ties could overtake them, it was said, the two men rode away on horses. The deputies reported to Sheriff Joe Hood they were confident they heard other mounted men ride quickly awayj in different directions. of the Slaughter and other ranches along the border as a precautipn against any retaliatory raids by friends and -relatives, of Garcia- and Perez. An uncle of Garcia, according- to the sheriff, is known to have sworn to exact vengeance if his nephew were convicted. This. uncle, the sher iff said, lives acr.oss the border from the Slaughter ranch. AGREEMENT UPON 2 .TAX PLANS REACHED BY SENATE INQUIRY (Associated Press Night Wire) WASHINGTON, D. C, Sept. 12. Two of the four "major provisions of the house tax bill were approved today by the senate finance commit tee. One fixes the maximum in come surtax of 32 per cent as com pared with the present 65 per cent and the other increases by $500 the exemption allovved heads of families having net incomes of $5,0UO or less and .by $200 the exemptibn allowed for each dependant. Chairman Penrose announced that the committee would vote tomorrow on the enective date on the repeal of the excess profits tax. Even those s.enators favoring 'Secretary Mellon's proposals to make the repeals retro active to January 1 were of the opin ion that the committee would accept the house provisions for repeal as of next January 1. Should the house date be approved, it was said, the committee probably would approve repeal of transportation taxes of next January 1 and most of( the other tax repeals provided for in the house bill. JAP POLL TAX IN (Associated Press Night Wire) SAN'FRANCISCO, Sept. 12. TheW state alien poll tax law was declared unconstitutional insofar as it affects Japanese,' in a decision handed down today by the state supreme court. The law imposed an annual poll tax of $10 on all alien male residents of the state between the ages' of 21 arid 60. It was passed by the 1921 legislature in respqnse to a constitu tional amendment adopted by the people in November, 1920. . (Associated Press Night Wire) PHOENIX, Sept. 12. Governor J liamas E Campbell has wired Sec retary of War Weeks requesting that a detachment of federal troops be j dispatched to the John H. Slaughter ranch in Cochise county, jt was an nounced from the executive chambers late this afternoon. The action was taken, it was ex plained; at the request of Judges A. C. Lockwood and Albert M. 'Sames the superior court of Cochise county, who wired the governor that . .. .. , . - , ' , ' j the situation along the border has become critical following 'the con viction of two Mexicans, Garcia and Perez, for The murder of Jess Fisher, foreman of the Slauehter ranch. Gar- jcia and Perez had been employes of the ranch. Their conviction has cre jated considerable ilK feeling on the j Mexican side of the bordersJ that reprisals are feared, the Cochise i judges informed the governor in their wire. The governor "in his telegram to the secretary of war referred to he recent massacre of Frank J. Pearson, postmaster at Ruby, and his wife last August as an instance of what may be expected anywhere along the un guarded international .boundary line. The governor al.o sent a telegram to Governor Elias of Sonora apprising him of the request that had been made to the war department and ask ing him what, if any, precautions had been taken by the Mexican govern ment to prevent the depredations across the border. SOLD BY UNK SAM (Associated Press Night Wire) WASHINGTON, D. C, Sept. 12. S"ale at par and accrued interest of $7,500,000 par value of railroad' equip ment certificates held by the govern ment with the approval of President Harding" was announced . today by Director General of Railroads Davis. The securities sold were in equal amounts of $1,500,000 of the follow ing railroad companies: Atchison. Topeka & Santa Fe, Chicago, Burl ington & Quincy, Norfolk. & West ern, Central Kaiiroad Company ot New Jersey, and Southern Pacific Sale of these certificates, it was explained, was the first of a series as the administrator is planning to market blocks of as many, 6f the $380,000,000 worth- of car trust securi ties held by the government as can be disposed of at par. (Associated Press Night Wire) LONDON. Sept. 12. The Central News' Madrid correspondent gives a further official statement on the fighting in Morrocco. It says: 'The enemy is in flight before our artillery, abandoning, villages, har vested grain and booty. The enemy left numerous dead. Spanish losses were insignificant. No Slackers From Yavapai During World War There were no slackers or draft evaders in Yavapai county during the war. according to the portion of the official slacker list for Ari zona, compiled by the war depart ment, copies of which .were re ceived here yesterday. The list 'is issued from headquarters of the Eight corps area. Ft. Sam Hous ton, Texas. The men listed are classified as deserters from the military service of the United States. In the list as received here, there were 102 draft evaders in Maricopa county, 69 in Coconino, and 43 in Graham. No draft evaders- are recorded from other counties in Arizona thus far.