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6 tt 0- 's 1 8 I I •,- f- I *4 9m \fM WANTABS TRIBUNE 0«32 BRING RESULTS SpeakerSustained on RulingFormerly Voted Under BY VOTE OF 235 TO 53 INSURGE NTS ARE DEFEATED IN EFFORT TO OVERRULE 8PEAKER CANNON—DEMACRATS ADMIT THEY WERE WRONG IN VOTING AGAINST REPUBLICAN 8PEAKER LA8T MARCH—FIRST REPUBLICAN MANEUVER. (By Associated Press.) ing one from the start. It was the Washington, D. C, Jan. 9.—Speaker' first big political manoeuvre of the Cannon had his hour of triumph in present session of congress and reg the house today. Badly battered in ular republicans were elated over re the three days' storm that swept the suits. They taunted the democrats house last March and tore from him unceasingly for their change of front, much of a power that had been hos,! The house was in its gayest mood the speaker "came back" in a way. and during the three hours that the that brought a smile of satisfaction to fight lasted, there was almost con his countenance and left his ancient tinuous laughter, enemies, the "Insurgents," dlscom-j Taunted for his inconsistency, Rep ftted. resentative Fitzgerald of New York, Today the speaker was sustained one of the democratic leaders in the by an overwhelming majority in a rules fight, retorted that he didn't ruling identical with the one he made: propose to be foolish for the sake of last March when the house angrily consistency. overruled his decision through a com- Wben Champ Clark of Missouri, bination of insurgent republicans 8 and democrats. Today, on the eve of their return to power, democrats vot ed almost solidly to sustain the chair. The insurgents, twenty-seven of them, stood to their guns and fought the storms of appiause speaker bravely, but deprived of dem ocratlc support, their battle was a los-J (Continued on page 8.) THEIR ARMS Mexico City, Jan. 9.—Seventy-three of tbe rebels who figured in the tak ing of Batopilas have surrendered and made public declarations of their de sire to return to their peaceful occu pations They turned over forty-five carbines, twenty-two pistols, two swords and 400 cartridges. Appol ono Rodriguez, leader of the men, sur rendered $1,300 in money. The pris oners, with the exception of Rodri guez and three other leaders, were given their liberty. This information is the substance of a telegram from Col. Reynaldo Diaz at the front. At the war office, it was said that the liberating of the men was approved, it having been shown that they acted in the belief that a general insurrection existed throughout the republic. ELKINSSON J* Washington, D. C, Jan. 9.—Davis vElkins was sworn in today as senator 1 from the state of West Virginia. He represents the third generation of his family in the senate. He Is the eldest son of the late Stephen B. EHdns and grandson on his mother's side, of for mer Senator Henry G. Davis. Incidentally he is the "baby" of the senate, being 35 years old, just old enough to assume the senatorial toga. Elkins' appointment is for the time intervening before the next ses sio of the W«st Virginia legislature. WEALTHY FARMER DIES ALONE IN BIS CABIN Goodrich, N. D., Jan. 9.—Jacob 01 schlager, a well-to do farmer residing about thirteen miles northeast of this city, died at his home some time the first of last week. He was alone when he died and it was several days before he was discovered. County Coroner Hambleton of McClusky was notified, and he had Deputy State's Attorney Hfuber come down Tuesday and drove from here to Olschlager' place, where an inquest was held, Dr. McReynolds performing a post-mortem examination. The body was frozen as hard as a stone, and it evident that he had been dead at least a week.. The examina tion result finding that he had come to his death from natural causes brought on by a complication of diseases. iated to succeed Cannon, voted to sustain the chair today on the same point of order that furnished the basis for the successful insurgent campaign of last March, republicans broke into Underwood of WIN VICTORY AUTOMOBILE MANUFACTURERS ARE ALLOWED TO USE THE OTTO ENGINES. Higher Court Overrules Decision of District Court—Nothing Owing to Patentee Either Legally or Morally. Injunctions Are to Be Dismissed Against Several Companies. (By Associated Press.) New York, N. Y,, Jan. 9—The so called independent automobile manu facturers won a sweeping victory to day in the United States circuit court of appeals in the reversal of the de cree of Judge Hough in circuit court wherein the Selden patent was up held. The hugher court's ruling declares that the defendants "neither legally nor morally owed anything to the patentee and holds that the improved Otto engine used by the defendants in motor vehicle construction is equiv alent to the Selden engine, but that its use is not an infringement of the Selden patent. Accordingly the in junctions against the Ford Motor com pany, Panhard and Levassour and oth ers, restraining them from using the Otto engine on the ground of infringe ment must be dismissed by the lower court." NAY LEASECOAL UNO OFALASKA Washington, D. C, Jan. 9.—A bill authorizing the leasing of the Alaskan coal lands was introduced in the sen ate today by Senator Nelson, chairman of the committee on public lands. It limits the area of leases to 3,200 acres and provides that no individual may •own more than one lease, A rental of from 5 cents to $4 per acre is pro vided with a royalty of 5 cents per ton. Lessees are required to supply! coal at reasonable prices and in case of their failure to do so the Inter state Commerce Commission is given jurisdiction to fix the prices. TWO PUTNAMS IN TBE LEGISLATURE THIRTY-FIEST YEAE BISMARCK, NORTH DAKOTA, TUESDAY MORNING, JANUARY 10, 1911. Carrington Independent: The election last fall of T. N. Putnam of Carrington as one of the members of the lower house in the state legislature, and the election at the same time of S. X. Put nam of New Rockford as senator from this district, confuses the daily papers of the state and. so far as we have' seen, not one of them has correctly reported the Foster-Eddy district's dele-. gation in the present legislature. The! Washington, Jan. 9—Negotiations paper- continually refer to our repub- being carried on hetween Mexico and lican legislator as being S. N. of New Japan will result in an ultimate treaty Rockford. Carrington boasts of being' *i" r™ TOBEWET JUDGE WILLARD OF UNITED STATES DISTRICT COURT IS- SUES INJUNCTION. SALOON KEEPERS BBING SUIT HUNDREDS OF SALOONS IN NORTHERN MINNESOTA MAY NOW BE REOPENED. It is Claimed That the Admission of Minnesota to Statehood Gave the State Power to Regulate Its Own Liquor Traffic and as a Result Re pealed Anti-liquor Clauses of Indian Treaties. St. Paul, Jan. 9.—An injunction re straining W. E. Johnson, special In dian agent of the bureau of Indian affairs from interfering with liquor traffic in i.iinnesota under the anti liquor provisions of the Indian session treaty of 17855, was issued by Judge C. A. Willard of the United States circuit court here today. If the de cision holds it means an end of gov ernment interference with the liquor question in Minnesota outside of the Indian reservations Indian treaties having liquor clauses cover nine-tenths of the area of the state. Willard holds that the admission of Minne sota to statehood gave the state the power of regulating liquor traffic and repealed the anti-liquor clauses of the Indian land cession treaties.* Suit was brought by twelve BemidJJi sa loonkeepers who aaked the court to enjoin W. E. Johnson and his agents from interfering with their business. As a) result of the injunction hundreds of saloons throughout the northern part of the state which have been closed for several weeks may now reopen and the railroads and express companies may resume shipping of liquor into the territory. United States District Attorney Haupt will take no action towards an appeal until he hears from Attorney General Wickersham. TRI-STATE WEATHER. Washington, D. C, Jan. 9.—South Dakota: Unsettled weather, probably snow Tuesday night or Wednesday much colder, with a cold wave. North Dakota: Unsettled weath er probably snow Tuesday ami Wednesday colder, cold wave in sr-uth port: r. Tuesday Minnesota—Snow flurries and much colder with a cold wave Tuesday. Wednesday, unsettled probably snow, colder in south portion. iv ,n the home of both representatives from supply station" in Bahia de Todos this district in the present legislature, Santos, or the Bay cf All Saints, ac and wants dee credit th refore. cording to a statement made by Gus-' Nipponese navy CHARLES F. JOHNSON IS NAMED A8 SUCCESSOR TO SENATOR HALE OF MAINE Augusta, Me., Jan. 9.—Charles F. Johnson of Waterville, whom the Democratic caucus has nominated to succeed Eugene Hale in the United States senate, already is known far bcyonr his state. He has been mayor of his city and several times a can didate for the governorship. He is a native of Winslow. born in 1858. He worked his way through Bowdoin col lege, teaching school to help defray expenses during the course. The nomination of Mr. Johnson was made on the first ballot, the vote being: Johnson, 53 Obadiah Gardner, 21 William M. Pennell. 17. As the Dem ocrats elected a majority on joint bal lot in the legislature last fall the cau cus nomination is equivalent to elec tion BLAIR TRIES VOTE SELLERS JAVAN, WITH PERMISSION OF MEXICO, SAW TO BE TAKLISHIflG NA VAL STATION AT THRESHOLD OF UNITED STATES West Union,* %.v Jan. 9.—Twenty five confessed vote sellers who were waiting for him at Peebles as he was returning to the county seat from his home at Portsmouth, were tried by prescribing the qualifications of elect Judge Blair before daybreak today, ors. Both were voted down, 8 to 3. Court was held in the lobby of the hotel and the men thus wers spared a fourteen-mile overland journey to this village. When Judge Blair ar rived here he found seventy-five oth- tavos Madero, brother of General Fran- Diaz and given concessions that no cisco Madero, the leader of the Mex- other members of a foreign race have ican rebels. Within fifty miles of been given before by an official of this bay, which is called the best base the government of Mexico. The mo on the frontier, is a colony of Japan- ti behind the treaty, according to ese, who, according to Gustavos Ma dero, have been imported by President (Continued on page 8.) 8rtlmtt & PEOPLEMAY ELECTILS. SENATE COMMITTEE ON JUDICI ARY REPORTS FAVORABLY ON AMENDMENT FIGHT ON SUTCRW POWER SOUTHERN SENATORS DO NOT WANT FEDERAL GOVERN- MENT TO CONTROL It is Not Thought That the Measure Wiss Pass Congress At This Time, But Advocates of the Bill Are Very Optimistic Over the Progress Made During This Session. Washington, D. C, Jan. 9.—At a meeting of the senate committee on judiciary, held late today, a decision was reached to report favorably the sub-committee resolution authorizing an amendment to the constitution for the election of United States senators by direct vote. The debate in the committee turned upon the question as to whether the state or federal gov ernment should supervise the election. The sub-committee's provision directs "that the time, place and manner of holding the elections shall be pre scribed in each state by the legis lature thereof." Depew and Nelson both offered amendments giving con gress power to regulate, but the south ern senators opposed these provisions as most prejudicial to the interests of their constituents, some of them going so far as to assert that the measure v#uld be more obnoxious than the force bill of the early '90's which paused one of the most famous of senate fights. Two amendments were similar, but Depew's went farth er than Nelson's in the matter of Favorable votes were cast by Depew, Nelson and Dillingham. Borah, who favored the sub-committee's recom mendation, will submit the commit tee's report as soon as he can prepare ers ready to acknowledge their guilt, a statement in its support. While The day's work brings the total num. greatly encouraged over the progress ber of those found guilty up to 1,428 made, advocates of the change are by The total number indicted is 1,648. no means sanguine of immediate suc cess. There is strong opposition in the senate and there will be little dif ficulty in preventing action during the present session. Measures will die with this congress so that it seems probable that it will be necessary to travel the road again next session. DIPHTHERIA FATAL AROUX/D STANTOX. Stanton, X. D., Jan. !•.—Two children ii the family of Daniel Arndt, living a ftw miles west of Mannhaven, died with nn attack of diphtheria during the past week, livery precaution has been tak en to stamp r.v.t the dread disease. Never before has so favorable a re port on any similar measure been re ceived from the judiciary committee. ES. (By Associated Press.) New York, N. Y., Jan. 9.-Aside from the progressive work of reor ganization and reconstruction in the affected institutions which wi.» neces sarily extend over the week, New York's banking situation is normal tonight depositors are reassured and the stock market is optimistic. Joseph G. Robin, whose operations caused the flurry is still in the Tombs. With powerful financial interests behind the Twelfth Ward band and Nineteenth Ward bank and with the absorption of the Madison Trust company by the Equitable Trust company, these three institutions, whose integrity had been questioned because of affiliations di rectly or indirectly with the Carnegie Trust company, which was closed as NEW YORK CITY HAS LA GRIPPE New York, Jan. 9.—New York city is having an epidemic of the grip sec ond only to that of 1889, when it worked havoc all over the whole coun try. Figures made public today show COUNTY OFFICERS ARE BANQUETED ATMANNING Manning, X. D.. Jan. !•.—In honor to both the old and new county officers, the business men and citizens of Man ning yave a banquet at the Manning ho tel Monday cveniiur. After the inner man had been satisfied and the cigars passed around, State's Attorney-elect Alf. O. Xelsr.n. in a neat little speech, presented a ten dollar bill to each of the three retiring officers—W. P. Owens, treasurer: W. A. Cams, state's attorney, and L. L. Lewis, third district commissioner. This was a gift from the county officers with whom they had been associated with for the past two years, and also the newly elected offi cers. rTRIBUNE Dr. Louise Rabinovitch Sisterof Robin, Indicted for Perjury MANY INSTITUTIONS WHICH WERE SUPPOSED TO HAVE SOME AF FILIATION WITH CARNEGIE TR UST COMPANY WEATHERED THE DAY SUCCESSFULLY AND DEPOSITS WERE ALMOST NORMAL. DRAMATIC SCENE IN COURT ROOM WHEN JURY RETURNS IN DICTMENT a result of Robin's operations, weath- Edward Robinson. When they met ered the day so successfully that there were no runs and almost normal de- (Continued on page 8.) SCHENK JURY WAS SECURED JURY IS COMPOSED MOSTLY OF YOUNG MARRIED MEN OF THE CITY. Fair Defendant Assists Attorneys in Selecting Jurymen—Entire Jury Was Selected First Day —Mrs. Schenk Takes Great Interest in Pro ceedings. Wheeling, W. Va., Jan. 9.—A jury was selected on the first day of the trial of Mrs. Laura Farnsworth Schenk of this city who is charged with administering poison to her wealthy husband John O Schenk. After calling two panels of talesmen, the jury was completed just before ad journment, but not before the state had struck off two, and the defense six of the panel of twenty. Mrs. Schenk, in stylish attire, had been brought from the Ohio county jail to the court room and showed great interest in the examination of pros pective jujrors. She frequently sug gested questions to her counsel and several times following whispered con sultations between Mrs. Schenk and her attorneys, business and social con nections between talesmen and the Schenk family were developed. Mrs. Schenk appeared satisfied with most of the jurymen, a majority of whom are young married men. Various talesmen were excused because of their positive opinion of the case. When the jury had been empanelled, the attorneys made their opening statements to the court. The intro duction of evidence will begin tomor row. WANT ABS TtlcphwM I3tr»2 BRING RESULT! FIVE CENTS posits. Another member of the Rob ing family entered the Tombs today. Dr. Louise Rabinovitch, sister of Robin was indicted for perjury and remanded in default of $5,000 bail. She had sworn in an effort to have Robin committed to an asylum and his estate taken over by the committee that she and her brother Edward were his only heirs-at-law. Investigation disclosed an aged couple which the prosecution contends are the parents. On this discovery the indictment is based. There was enacted as the grand Jury filed forth with the indictment against Rabinovitch, a scene similar in dra matic aspect to the recent repudia tion of the old pair by Robin. Both old persons had beben witnesses be- ged son, re he as ad he ane Puerto Cortez, Honduras, Jan. 9.—A report has reached here that the rev olutionary forces of General Manuel Bonilla have captured Tela, a port on the gulf coast of Honduras and are marching on Ceiba. Details are lacking, but it is presumed that the revolutionary gunboat Hornet attacked Tela and that the Hornet will work in conjunction with the land force in attacking Ceiba. Confirmation of the report that the revolutionists have oc cupied Ruatan Island and proclaimed Manuel Bonilla president, has been received. Puerto Cortez is quiet. The United States gunboat Tacoma is still in the harbor. COSTER NEARLY ATTELL'S MATCH New York, Jan. 9.—Joe Coster of Brooklyn had the shade the better of Abe Attell in a fast and clean ten bout before the Vanderbile A. C. in Brooklyn tonight. Attell was forced to exert himself at all stages and in the tenth round Coster with bard right to jaw nearly put the featherweight champion through the ropes. Attell came back strong and 'h were fighting furiously at the bell. NEW BUILDING FOR STATE INSANE ASYLUM Jamestown. X. I)., Jan. !•.—The regu lar meeting of the trustees of the state fifty deaths last, week frof influenza, hospital was held this week, but no an increase of 400 per cent over the special business was transacted. The number for the corresponding we.?k of usual expenses were audited and there last year. was some discussion of the equipment necessary for the new building, which I it is expected can be opened in Febru jary. The repc rt of the institution for the last two years ending June .'JO, 1910, was made and transmitted to the gov I ernor in August, but the report has not yet been issued from the printer's hands. The recommendations to the legislature include a new tuberculosis building for men. to correspond with that about to be used for women: a rew dairy barn, rind a small building for the use farm he'p and other help around the institution who are at present occupy ing an attic in the main building. The recommendations of the board on these matters will be presented to the legis lature. M'FARLAND GETS DECISION. Kansas City, Mo.. Jan. 9.—Packey McFarland of Chicago, won the de cision over Johnny McCarthy of San Francisco in a ten-round bout here tonight.