rut EVENING TIMES STANDS POI
GRAND FORKS AMD NORTH DAKO*
TA UNDER ALL ^CIRCUMSTANCES
VOL. 1, NO. 64.
Pittsburg, Marcli 20.—A family
a&ied Williams, consisting of the par.
onto and five children, are reported to
have been found unconscious in their
bods at Glen Osborne, Pa., today, hav
tag been overcome by escaping gaB.
Op to 9:30 o'clock physicians had been
usable to revive them. Williams was
the station agent of the Pittsburg,
Former Chief Engineer Wal
lace Talks of Panama.
INCOME OF TEN MILLION
Annually In Tonnage Would Warrant
Expensive Sea Level
Associated Press to The Evening Time*.
Washington, March 20.—John F.
Wallace, former chief engineer of the
Panama canal, appeared before the
senate committee on interoceanlc can
als today. Mr. Wallace, in advocating
an approximately straight, sea level
canal of ample width and depth as the
best, urged that any other piai) which
places restrictions upon the probable
permanency of the canal itself as well
*s upon the &i<eed, size and number
of vessels paaiing through it. must
render the canal far less valuable.
"Assuming that the present tonnage
through the Suez of say 10,000,000
tons per year would pass through the
Panama canal, even at a dollar per
ton there would be," he said, "an ap
proximate income of $10,000,000 which
is sufficient to justify an expenditure
The later flgura he deemed ample
to construct a sea level canal. As to
the additional time involved, Mr. Wal
lace predicted that upon the basis "of
reasonable energy and the use of
proper business methods of adminis
tration the sea level canal- can be
fully completed in ten or to be en
tirely safe, say twelve years, and a
lock canalj even if only sixty feet
above the sea level, would require
only three years less.
I'M ON A
Passengers Stalled for Several
Days in Illinois Are
Associated Press to Tbe Evening Times.
Decatur, 111., March 20.—The Cin
cinnati, Hamilton ft Dayton passen
ger train due in Decatur from In
dianapolis at 4 a. m. Monday and fast
in a snow drift six miles east of
Decatur all day Monday and Monday
night, was dug out of the snow today.
The Continental limited' on tbe Wa
bash from New York to St. Louis, due
In Decatur at 4:20 p. m. Monday af
ternoon, passed Decatur at 2 o'clock
this morning after being seven houre
in a drift near Philo, 111. The Illinois
Central passenger train leaving De
catur at 7: it! Monday for Champaign
to Ifill in( a snow drift at Argenta,
twelve mites from Decatur. Four en
gines tried unavaillngly all night to
move it The twelve passengers on
the train are comfortable.
As reported by the
Associated press from
far the' coming St
tonight and Wednes
ble winds warmer.
and warmer Wednes
day light winds.
Family is Overcome
by Escaping Gas
Fort Wayne ft Chicago railroad at
Glen Osborne, and when the station
was not opened at the usual hour to
day the doors were broken open by the
passengers, and the family, who lived
above the station, found as described.
Dr. Dewitt Nettleton, one of the at
tending physicians. Said there appear
ed to be no doubt but that the family
was overcome by gas fumes arising
from the furnace. All will recover.
CREW SAVED FROM
Boston, March 20.—The three
masted schooner C. C. Lane was
discovered ashore on the Boston
light ledges below Boston harbor
shortly after daylight today. She
was almost entirely submerged
and although the weather was
very thick three men could be
seen on board. The Storey beach
life saving crew went to the vessel
and rescued the crew. The yes
Sel is a total loss.
WARM TIMES III
Mayor Rose Has Contest for
dates Are Active.
Associated Press to The Evening Times.
Milwaukee, Wis., March 20.—The
hottest pre-convention campaign Mil
waukee has ever known concludes
with today's primary election. Five
candidates are lined up for the mayor
alty. Mayor Rose and W. G. Bruce
are in a struggle for the democratic
nomination. The contest for the re
publican nomination is between Sher
burn M. Becker and W.' J. Fiebrantz.
The social democratic candidate is W.
A. Arnold. He has no opponents for
the nomination, having already been
chosen by a referendum vote of his
It Is the fifth campaign for Mayor
Rose. Four times he has been elected
mayor. ThiB time, however, he has
a fight on for the nomination. Thd
indications are that he will be suc
cessful in winning the nomination, but
bis chances of election are generally
believed to be less than ever before.
The spectacular part of the cam
paign thus far has been furnished by
Sherburn M. Becker, the young aspir
ant for the republican nomination.
Thib young man, the grandson of S.
S. Merrill,' whose genius made the St.
Paul road, and son of Washington
Becker, president of the Marine Na
tional bank, has set a new pace for
campaign work in the Cream City.
His career to date bears a striking
analogy to the early years of Presi
dent Roosevelt. Like Roosevelt, Mr.
Becker is a Harvard man, and he also
has had experience as a cowboy on the
western plains. He surprised his
friends four years ago by announcing
his Intention to run for supervisor,
lathing daunted, Becker started out
determined to be elected, and he was.
He signalized his term in-effice by un
earthing a county printing steal, and
the next year the county paid about
95,000 for printing which had former
ly cost it $35,000. Tiring of the coun
ty board, Becker decided to run for
alderman. Again his friends laughed.
Again he was successful. Now they
are laughing again at his determina
tion to be elected mayor. He may not
be elected, but there appears to' be
an excellent chance of his receiving
the republican nomination. He has
waged a' campaign that has caused the
old-timers to open wide their eyes.
Becker's opponent for the nomina
tion, Fiebrantz, is an alderman with
considerable strength in the northwest
part of the city. W. G. Bruce,' Who 1b
contesting the democratic nomination
with Mayor Rose, is tax commissioner,
proprietor of the Bchool board Jour
nal, and a close student of municipal
W. A. Arnold, the social'democratic
standard bearer, Is a printer with a
reputation for hard-headed common
sense. There are many unbiased on
lookers today who would not be sur
prised if Mr. Arnold would lie Mil
waukee's next mayor.
RETRIAL FOB MALPRACTICE.
Associate* Press to The Evening Ttveo.
Hagerstown, Md., March 20.—F. Wil
liam Hermann, a druggist, and Dr. J.
H. Tompkins, a colored physician,
were placed on trial for the. second
time today on the charge of being re
sponsible for the death of Miss Jean
Maxwell, at Cumberland, Md., last
June. A hung jury was the outcome
of tjie first trial of the two then. The
prosecution claims to have some new
and Important evidence to Introduce
at thsprese&t trial.
Miners Flee for Sufety.
Denver, March 20.—Owing to the
fear of snow slides all Jhe mines in the
NEW YORK POLICE
ROASTED BY THE
For Their Alleged Failure to
Suppress White Slave Traf
fic in Gotham.
New York, March 20.—Resolutions
denouncing the New York police de
partment for failure to suppress the
so-called "white slave" evil and ar
raigning "wealthy people who own the
house leased to traffickers in human
souls," were adopted by the Methodist
preachers' meeting. The resolutions
are based upon disclosures which grew
out of the trial of Berthe Claiche for
the murder of Emil Gerdron and the
subsequent arrest of Robert H.
Sprlggs, the keeper of a negro resort.
The resolutions assert that "dens of
vice and crime are a danger to the
city and! that the wealthy owners of
property used for immoral purposes
should be held equally with the In
DOUBLES CAPITAL STOCK.'
Associated Press tcAw Evening Times.
New York, March 20.—The stock
holders of the Southwestern Telephone
and Telegraph company, the Bell com
pany operating in Texas and Arkan
sas .held a special meeting in this
city today and voted to Increase the
authorised .capitalisation from $10,
000,000 to $20,000,000. The action Is
in line with that taken by nearly all
the other Bell companies, .which dur
ing the past six months have voted
to enlarge their capital stock, the to
tal increase amounting to several hun
f»'w ^^\",vv ,-....
THE EVENING TIMES
FOBKS, NORTH DAKOTA, TUESDAY, MARCH 20, 1906.
SHOULD PROVE A STRONG COMBINATION.
The Recent Merger of the Two Leagues Means Fast Ball for the Season of 1906.
TIES ATTEND REVELRY OF THE ELEMENTS.
-Hattiesburg, Miss., March 20.—A
tornado passed over southern Missis
sippi last night. Whether there has
been loss of life is not known here.
The information came from Geo. M.
Kennedy, who came late last night
from New Augusta, Miss. From his
account the tornado "originated near
Beaumont and sped acrosB the coun
try for sixteen miles cutting a swath
a half mile wide.
TORNADO SWEEPS STATE
OF MISSISSIPPI A TRAIL
IS MILES WIDE IS LEFT
SNOW SLIDES IN MOUNTAINS OF COLORADO CAUSE GREAT LOSS STORMS
EAST AND WESfT LEAVE TRAIL OF DEATH AND SUFFERINGS—PASSEN
GERS STALLED IN DRIFTS, TRAINMEN KILLED AND OTHER CALAMI
neighborhood of Silverton, Col., have
been closed and 3,000 miners have
fled to Silverton for safety. Sixteen
men have been crushed o* suffocated
to death by avalanches in this district
in three days? The property loss is
now estimated at $500,000.
Still In Snowdrifts.
Bloomlngton, 111., March 20.—The
Cincinnati, Hamilton and Dayton
train with four engines and fifteen
passengers which has been in the
driftSj six miles east of Decatur since
Sunday night, has not been released.
The snow which in eight days has
IN. CEDAR FALLS
Associated Press to The Evening Times.
Cedar Fails, Iowa., March 20.—
August Buhr and A. G. Serbert,
employes, were cremated this
morning in an explosion of the
gas wprks, while a third man Is
missing. S. E. Christenson was
Restraining Courts From Ac
tion Without First Hear
Associated Press to The Brenlag Times.
Washington, March 20.—When the
senate convened today, Senator Over
man presented an amendment to the
railroad rate bill providing that in
cases of a review of the'findings of
the Interstate commerce commission
by the courts "no writ of injunction
or Interlocutory order shall be granted
by any district or circuit court without
first giving five day's notice to the
adverse party nor until a petition and
answer are filed and hearing thereon
had." The fortification appropriation
bill was then taken up for consider
Without other business of a pre
liminary nature the house today pro
ceeded to the consideration of the leg
islative appropriation bill for amend
ment under the five minute rule.
reached a depth of thirty Inches, has
Bis Snowfall In New York.
Buffalo, N. Y., March 20.—About
nine inches of snow has fallen here
since yesterday, by far the heaviest
fall of the season. The snow fall was
heavy throughout this section of the
Killed by Snow Plow.
Dayton, O., March 20.—While oper
ating a snow plow on the Dayton and
Troy traction road at Chambersburg,
six miles north of here today, Wm.
Humphreys, Bert Hoover and Gusta
vus Nicol were instantly killed in an
Operators Agree to Meet Their
Associated Press to The Evening limes.
Indianapolis, Ind.*- March 20.—The
convention of the United Mine Work
ers of America was called to order
today by President John Mitchell.
President Mitchell said that the oper
ators had signified their willingness
to meet the mine workers in joint
conference" and it had been arranged
to have this conference begun at 10
o'clock. The miners' convention then
took a recess.
At 11 o'clock the operators sent
word to President Mitchell of the itin
era that they would not be ready to
meet the miners in joint conference
until 2 o'clock. The miners' recess
was continued one hour.
RUMOR THAT WITTE
HAS RESIGNED PLACE
AsNoelated Press Cahle to The Evening
St Petersburg, March 20.—It is ru
mored in official circles that at a ses
sion of the council of the empire to
day Premier Witte tendered his resig
nation and suggested that Privy Coun
cillor KokoVBoff, former minister of
finance, be appointed as his successor.
The reason Count Witte gave for his
resignation was that he is seriously
ill with heart disease, having had an
attack yesterday. If his resignation
accepted by Emperor Nicholas, Count
Witte intends to leave Russia and have
the disease treated.
'V'S/ ,C'^ \ST
AsMoi-lnted 1'rens to The Evening Times.
Sim Francisco, March 20.—Miss An
na B. Coole, a young Baptist mission
ary who has been in the far interior
of China for the past two years, ar
rived yesterday on the liner Coptic on
her way to Cleveland, Ohio. With
Miss Coole were Gretchen and Kath
lene Wellwood, young daughters of
Rev. Robei't Wellwood, a missionary in
Szechen, not far from the border cf
Thibet, 2,000 miles up the Yang Tse
Kian river from Shanghai.
Leaving Suifuon Jan. 15 in a netlve
BEER CITY TRIES
Milwaukee, Wis., March 20.—
The new primary election law is
being tested in Milwaukee today
for the first time since its enact
n»ent. Candidates for nomination
on the city tickets and boards of
aldermen and supervisors by sev
eral parties are being voted for
after a vigorous campaign. The
heaviest vote in the history of the
city will probably be polled.
CODS' OPINION ON
THE QUESTION OF
Well Known Legal Authority
Agrees With City Attorney
Upon the Matter.
The question of the right of the city
of Grand Forks to regulate the price
to be paid for gas is one of Interest
to residents of the city. City Attorney
Geo. A. Bangs some time ago delivered
an exhaustive opinion upon the ques
tion, the same being published in The
The city attorney has had some cor
respondence with Judge Guy C. H. Cor
liss since then and tbe following self
explanatory letters will be of interest
to readers of The Evening Times.
From the reply of Judge Corliss it
will be seen that the opinion of the
city attorney to the effect that the city
has not the power IQ regulate the prices
to be charged for gas, is upheld. The
Hon. Guy C. H. Corliss,
Dear Sir.—While you were Chief Jus
tice. there came before the Supreme
Court for determination the case of
State vs. Brass (reported 2 N. D. 482, E2
N. W. 408, affirmed Sub. Nom. Brass vs.
Stoeser, 153 U. S. 391), in which case
there was Involved the extent of the
power of the State to regulate elevator
charges you concurred In the opinion
or the court affirming1 such power.
Acting under a request from the city
council I have recently furnished an
opinion In substance holding the city
of Grand Forks to be without power to
regulate the charges made by public
utility corporations for gas and elec
The power eXerclsed by the munici
pality in regulating the charges of pub
lic utility corporations is a delegation
of the precise power affirmed as lodged
in the State, In the case of State vs.
Brass, supra. Knowing that one aspect
of this question was before you in that
case I presume so far as to ask your
view upon the question of the power of
the city of Grand Forks to exercise the
Thanking you in advance I beg leave
GEO. A. BANGS.
Grand Forks, N. D., March 19, 1906.
Hon. Geo. A. Bangs,
Dear Sir.—I have your letter in which
you ask my opinion regarding the
power of this city, under the present
law, to pass an ordinance regulating
the rates to be charged by the Gas com
pany to private consumers for gas.
I have very carefully looked through
the question and give you the follow
1st The power undoubtedly resides
In the State to control such charges, in
view of the fact that the business Is
In the nature of a monopoly is affected
by a public Interest, and the gas com-
is enjoying In the prosecution of
ts business a public franchise, to-wlt:
the use of the public streets for the
transmission of the gas to its con
2nd. My second conclusion 1s that
such power may be vested in a mu
nicipal corporation like the city of
Grand Forks, and the exercise thereof
conferred upon the governing body of
such a city.
3rd. The power to regulate gas rates
is. In the last analysis, the power to de
termine the profits which the stock
holder In the corporation carrying on
the business shall earn. Of course no
court would permit even the legislature
to enact a regulation that would prac
tically confiscate the property of the
gas company by taking away Its ability
to earn enough to pay a fair rate of in
terest upon the stock but before the
courts would Interfere, a very decided
regulation and cutting down of the
rates and earnings of the gas company
would be possible under the sovereign
iower to regulate rates. It Is there
obvious that it Is a power, the
exercise of which may be fraught with
momentous consequences to the corpor
ation against which the power is ex
A purpose to vest such an extraordi
nary power in a municipal corporation
ought never to be lightly presumed. On
principle, and according to the authori
ties, nothing short of an express grant
or the most necessary Implication will
suffice to vest a power of regulation in
a municipal corporation.
Another consideration why it shoutd
not readily be presumed that there was
a purpose to vest such a power In the
governing body of a city is that such
governing body is amenable to public
sentiment, and, indeed, may be elected
and placed In power upon the single
.issue of regulation of gas rates. Tbe
constituents who elect such a bodvare.
as gas consumers, directly Interested
In the question of rate regulation.
Therefore the vesting of the power to
regulate gas charges In the governing
body of a city is practically the same
as vesting the power In the representa
tives of the citizens who. as gas con
sumers, are Interested In a reduced
These are considerations which
should make the legislature hesitate
Everything Absolutely New.
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if fu, kit*
EIGHT PAGES. PRICE FIVE CENTS.
in Trip From Ghina
THE EVENING TIMES ruts NO
FAVORITES. IT IS THE FEOFlE«
PAfER FROM START TO FINISH
boat, accompanied by a lifeboat in
charge of soldiers. Miss Coole and the
two little girls started down thte river,
traveling only by day. On the way
down their boat was wrecked on the
rocks and the party had a narrow es
cape for their lives, finally reaching
Shanghia in safety. Bliss Coole says
there were no signs of trouble at
Suifu when she left and when the mis
sionaries there received the cable
from the state department advising
them to be ready for flight they cabled
back for an explanation.
Armed Posse Surround
Lincoln, Neb., March 20.—Nearly aU
of the business district of North Loup.
Neb., was destroyed by fire today. The
town is without fire fighting facilities
and there was no way to check the
before conferring such a power, so di
rectly affecting private property,
on those directly interested In its ex
ercise and who would be the bene
ficiaries of a reduced rate. Certainly,
it should require a clear case to show
that this extraordinary power, which
enables those Interested in the pur
chase of gas to prescribe the terms on
which it shall be manufactured and de
livered, has been vested In such Inter
An examination the powers of the
city of Grand Forks, under the statute8
as they exist at the present time, has
led me to the same conclusion reached
by yourself. In my Judgment, at the
present time, the governing body of this
city has no power to regulate the rate
which the Gas company shall charge
for furnishing gas to private con
I feel that the present rate le e
cesslve and that some measure of re
1lpf fb^'id be adopted as soon as
$425,000 AND GET AWAY
Guards Held Off at Point of the Pis.
tol By Band of Daring
Associated Press Cable to The Brciilt
Moscow, March 20.—As officials
were closing the Mutual Credit socie
ty's bank this afternoon twenty arm
ed men surrounded the building, which
is near the bourse, and covering the
employes of the bank with pistols they
pillaged the place, getting away with
$425,000 and made their escape In
spite of the efforts of the bank guards
to arrest them.
Camp Bird Mill Destroyed.
Ouray, Col., March 20.—Fire broke
out early today in the ruins of the
Camp Bird mill, which was wrecked!
on Sunday by a snow slide, complet
ing the destruction of the plant The
mill was erected in 1898 at a cost of
$500,000 by Thomas F. Walsh, who at
that time owned the Camp Bird mine,
which he subsequently sold to an En
Fire Destroys Nebraska City.
Very truly yours,
GUT C. H.
VITAL POINTS 10'
On Police Question in Yielding
Seat of Head
Associated Press Cable to The •nialas
Berlin, March 20.—Herr Von Rado
witz and Count Von Tattenbach, Ger
man representatives at Algeeiraa.
have been instructed by the foreign
officers here provided France meets
the German views on the question of
the Moroccan bank, to yield on the
police question to the extent of giving
up Casablanca as headquarters of the
inspector general but retaining tk*
neutral inspectorship with rnl
powers of control over the polios.
Previous advices from Algeclras haw
been acceptable to France. There
for, although no dispatches have bee&
received from Algeclras today the for
eign office here is convinced that a
settlement is In imminent prospect
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