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THE EVENING TIMES The Brightest, Newsiest and Best Evening Newspaper In North Dakota. VOL. 1, NO. 251. Public Roads Division of the Agricultural Department at Washington, D. C., Issues Bulletin Relative to High ways of North Dakota. .. ME 59,332 MILES OF PUBLIC ROM IN THE STATE Of This 205 Miles Are Surfaced With Gravel—Seven of Stone. (By C. Snyder.) Washington, D. C., Nov. 2.—An in teresting circular has just been issued by the public roads division or the agricultural department relative to the public roads of North Dakota mile age and expenditures in 1904. It is shown that during the year of 1904 there were 59,332 miles of publie road the state of North Dakota, of which 205 miles were surfaced with gravel and seven miles with stone. By com paring the totall road mileage with the area of the state, it appears that there was eighty-four hundredths of a mile of public road per square mdle of area. A comparison with the population shows that there was one mile of road to every five inhabitants, but only one mile of improved road to every 1,505 inhabitants. In each county having a population of 2,000 or more a tax of not less than 10 cents on each $100 worth of taxa ble property may be levied and col lected annually for road purposes. This tax may be worked out at the rate of $1.50 per day. A township tax of not to exceed 80 cents and a bridge tax of not to ex ceed 20 cents may aiiso be levied by the •electors at the annual township meet ing. In addition to the township property tax, every male person between the ages of 21 and 50 years is required to pay annually a poll tax of $1.50 for road purposes. This tax may be paid In money or by one day's labor on the public roads. The amount derived from the prop erty tax and expended on roads was $456,130.22 in 1904, and the tstimated •cash value of the labor tax, figured on the basis of $1.50 per day, was $94, "210.50, making a total expenditure of $550,340.72. By comparing the total expenditure with the total mileage of public road and with the population of the state, it is found that the funds collected and expended for road pur poses^ including the estimated cash value of the labor tax, amounted to $9.28 per mile of public road, or $1.72 per inhabitant. IMPRISONS HIMSELF. Wealthy Man Fixes Own Punishment and Imprisons Himself Eight Years. Aaaoriated Preaa Cable to The Bvealaa Time*. Rome, Nov. 2.—A wealthy landowner 'Of the name of Raimondo Pace was sentenced in default in 1898 at Foggia to ten years Imprisonment tor mur dering hie servant. Pace could not be traced and it was supposed that he bad emigrated. The police a few days ago heard a rumor that he was hiding in his own house at Foggia. They raided the place and found Pace safely locked up in a cell he had built in the base ment of his home, where a servant bad served him with bread and water once daily. The prisoner declared, and the ser vant confirmed the statement, that he bad not left the ceil for eight years. He Intended to complete the ten years imprisonment imposed on him in this cell and then to petition the king to pardon him. Unfortunately the law does not recognize self-punishment, and Pace must serve ten years in a state Jail. BOSTON & ALBANY REDUCTION. AnHOctatrd Preaa to The Rveala* Time*. Boston, Mass., Nov. 1.—The promised reduction in the rates of fare on the Boston & Albany railroad went into effect today, when the passenger rate was made 2 cents per mile on the en tire road. The change in rates, it is felt by the officials of the road, will do much to minimize the opposi tion of the parallel electric lines, which during the past year has be come very acute in this section. ADMIRAL DICKENS RETIRES. Aaaorlated Preaa to The Bvealag Tlmea. Washington, D. C., Nov. 2.—Having reached his sixty-second year, the age limit for active service in the navy, r. Admiral F. W. Dicklns, a mem -L"NQrd of rear admirals, was p)at..*5W */ed list today. Ad miral Dlc£u3*0|Whad a long and dis tinguished career in the navy. He entered Annapolis academy from Con necticut in 1861 and graduated in 1864. During forty years he mounted step by step from ensign to the grade of rear admiral and during that time he serv ed in many capacities and did duty in many parts of the world. For several years he served as assistant to the chief of the bureau of navigation and later commanded the battleship Ore gon. Y. W. C. A. CONVENTION. Aaaoelated Preaa to The Kivraiaa limea. Montgomery, Ala, Nov. 2.—From Louisiana, Mississippi, Alabama and other states, several score of earnest christian wonVn assembled in Mont gomery today for the annual conven tion of the Young Women's Christian Association of the Gulf States. The annual session, which will continue until Monday, will not be all work, for interspersed with the more serious addresses and reports there will be recreation in the form of receptions and other entertainment arranged by the local association and the women of Montgomery in general. Today was devoted to the reception of the visit ors and the work of organization. II IFFSpE ACT A Stutsman County Woman Rushes in Burning Barn and Rescues Husband. Valley City, N. D., Nov. 2.—M. Mc Brair, who lives about two miles from the Barnes county line in Stutsman county had a narrow escape from death in a fire which destroyed the barn on his place Saturday. Only the 'heroic act of his wife saved him from being burned to death. The fire, which is supposed to have been set by care less threshers, was burning fiercely when McBrair entered the barn in an endeavor to rescue some of his live stock. In attempting to get the ani mals out a horse kicked him and he fell unconscious to the floor. His wife, who was standing outside the door way, witnessed her husband's peril and rushed Into the burning structure and dragged the injured man out to safety. Mrs. McBrair was herself in jured in the* head, but will recover. The bam and its contents were entire ly destroyed, causing a loss estimated at nearly $4,000. HMTES" WIN London's Elections Over Borough's Councils Now Tory Strongholds. Aaaoelated Preaa Cable to The Bvealaa Times. London, Nov. 2.—The triennial elec tions of the London borough councils have resulted in an overwhelming vic tory for the municipal reformers, who in some of the boroughs absolutely wiped out the progressives. The vii tories were formerly known as the moderates and represent the unionist party and the progressives include the liberal and labor p-rtles. After sev eral years of progressive regime dui ing which, it is contended, taxes were increased to abnormal figures in con sequence of huge expenditures, in eluding palatial work houses. Turkish baths for workmen who did not use them, and club house and other simi lar municipal lujfciqjes, the borough councils are once again great strong holds of toryism. smTPM* Has Been No Clash Between Federal Troops and the Indians. Aaaoelated Preaa to The Evealair Tlmea. Sheridan, Wyo., Nov. 2.—A corres pondent in the field denies positively the report that there has been a clash between the Cheyennes and the sol diers. Fort Keogh, troops are now patrolling the Tongue river valley be tween Birney and Ashland, and have not seen any Cheyennes. Col. Augur left Birney today for Ashland. Reports of the burning of the ranch building at the "O. W." ranch, received here via Birney, are not credited. MUCH DISORDER EXISTS ON WALKER INDIAN RESERVATION JUST OPENED Hawthorne. Nev., Nov. 2.—Numerous prospectors who failed to secure claims on the Walker Lake Indian reservation are endeavoring to perfect an organization for the purpose of making a formal protest to the author ities at Washington. They will en deavor to have the opening annulled on the ground that it was not properly conducted and they will ask that if the reservation is opened now that cavalry be placed in charge of the reservation at least two weeks before the signal is given to start Considerable disorder now exists at Dutch Creek camp on account of the establishment of several saloons in the new mining camp. Miners have voted to allow no Chin ese or Japanese to the camp and have appointed a committee of seven to whom all disputes over claims and townsltes will be referred for arbi tration. A health committee was named to lay out sanitary districts. Crowd of 193 Attended the Democratic Rally in This City Last Night. Speakers Admit Party Will be Hope less Unless Entire Tieket is Elected. When yon find a ticket In the election booth with Judge Flak's name on it, make it unanimous from top to bottom.—Candidate Benton at the Grand Forks opera house. -t $ 'i* The final rally of the routed demo cracy in this city was held at the opera house last night, and by actual count there were 196 persons present. Judge Fisk, the democratic candidate for supreme judge and Editor White head of the Evening Press, were con spicuous attendants and they were joined by Mayor Duis after the clos«« of his speech. The opening address was made by Mayor Duls of this city, and while his oratory does not sound like the melody of an old tune gently hummed in the parlor to the accompaniment of the piano, with the foot on the soft pedal and the lights turned low, it gave his political opponents the impression of a combination of a maul and a wooden wash tub. But he had the democratic arguments well in hand and presented them as ably as any one could. He launched into the railroads and admit ted in fact that the party was par tially in favor of the railroads and stated that those in North Dakota were assessed lower than in either Minne sota or Montana, but did not show the relation in any one of the three states between the taxation of railroad and other property on the same as sessment basis. He wisely dodged that point and gave his audience a misstated fact which is the same as a thing for which Kentuckyans died with their boots on. He then turned his attention to the republican bosses of this state and called attention to the fact that not many years ago Alex Mc Kenzle was elected sheriff of Burleigh county by the democrats. Nobody seem ed to know before where that man got all his Ideas of politics. That is one new point in the political history of the state to the credit of Mayor DuiB and one was almost compelled to re gret that in that famous Mlnot con vention deal where he went out and the democratic candidate for supreme judge went in that the sacrifice had to be made to accomplish the deal. Drifting over to the capitol commis sion bill, he called attention to the corrupt methods which lay hidden be hind that bill but he neglected to state or .else forgot to tell the audience why Senator Cashel. chairman of the demo cratic central committee, and a dem AFTER«SHOW Minot Authorities Claim Col ored Men Passed Counter feit Money. Special to The Bvealaa Ttawo. Minot, N. D., Nov. 2.—A negro min streel troup are wanted by the Minot authorities for passing a counterfeit $10 bill on Conductor Trepp of the "Soo" road. One man was held here but as no complaint had been Issued and the evidence was not strong, he was allowed to leave. The company reacting and many of those who were switched to Lansford. A complaint has been sworn to by Trepp, and the authorities will run them down. Aaaoelated Preaa to The Brealac Tlmea. Chicago, 111., Nov. 1.—Oragnized la bor throughout the United States is looking forward with the keenest in terest to the annual convention of the American Federation of Labor, which is to assemble in Minneapolis week after next. There is no concealing the fact that the rank and file of the organization look upon the approach ing gathering as the most important in the history of the federation, which extends over a charter of a century. There Is a feeling, which has scarcely yet been given expression, that the organization is approaching a crisis in its career. To put the situation in plain words, it Is becoming recognized among the more intelligent of the labor element .-r A SQUARE DEAL FOR ALL THE EVENING TIMES GRAND FORKS, NORTH DAKOTA, FRIDAY, NOVEMBER 2 URGE DEMOCRATS TO VOTE STRAIGHT ocratic candidate for re-election, and Representative Casey, Who presided at the immaculate Mlnot convention and was the only member of the lower house in the last legislature, both voted for the bill. Then the cat came out of the bag. He said if the repub lican convention at Jamestown had recognized the democrats and given them a slice of the pie which was on the table down there and had nominated Fisk, the present democratic candidate for supreme judge, the democrats would have been satisfied. Great Jehosaphat! The hungry crowd who are now opposing the ticket named at Jamestown because of the corruption of that convention and then willing to have been satisfied if Judge Fisk had been nominated! The applause came in at the end of his statement, but any place will do. He paid a gtowing tri bute to Judge Engerud, and called attention to the purity of his politics, but he forgot again to tell all the truth —that. Engerud was nominated by the gang and had been branded with the gang brand. According to Mayor Duls, and the position is correct, John Burke would be helpless if elected unless the greater majority of the state dem ocratic ticket is also elected. This gave him the chance to urge with all his power the election of the entirt democratic ticket, and then he switch ed to the county ticket and appealed to every democrat to vote the ticket and especially tn elect Tom Gray be cause Gray had helped elect Duis in a non-partisan campaign—the last Idea being carefully concealed, but the appeal for Gray being eloquent for the reason stated which was the one given by the mayor. He roused con siderable enthusiasm by the declara tion that he was not asking men to do what he would not do himself and that he expected to vote the straight ticket. "That." said he, "is the only way to accomplish anything." Benton's Talk. The speech of John D. Benton, the democratic candidate for congressman, if divided into two' parts, is easy to analyze and follow. The first part devoted to state issues, was full of inconsistencies ana contradictions. He announced that the creed of his party was that no outsiders and no foreign ers need apply. He did not refer to the scup houses, the Coxey's armies, and the starvation which existed un der the last democratic admlnlstratlou for which he worked just as he is now and for which he voted and of which he made the same glowi.^ and impossible promises as he is now. So long as he was on the state issues he wandered. He said the state candi dates of the republican party were known long before they were nomin ated and this fact proved according to his sophisthy that the people had been deceived by their nomination. But. to get a horse laugh he read from a statement of the Fargo bar which he accepted as democratic scripture the statement that If these people had known a day in advance that Knauf would have been elected they would have been able to have prevented it. Well, that is a sample of his state REPUCEJtARQUISE Jap Government Recalling a Number of Its Manchuria Garrisons. Aaaoelated Preaa to'The KvvnlttR Tlmea. Victoria, B. C., Nov. 2.—Marquis Ito, resident general for Japan in Korea, is to return in December and Count Katsura. former premier, will replace him. News to this effect was given In a letter received yesterday from a Japanese journalist of Tokio, who Is in close touch with the government The writer also says that in vie\* of the military increasement at home, and in keeping with the economic measures planned by the military au thorities, half of the Japanese garri sons in Manchuria and Korea are to be recalled. GompersMayLosePo wer that the political programme of Presi dent Gompers and his advisers has proved a "frost." Some of the promi nent leaders do not hesitate even now to say so. If the elections next Tues day are disastrous to the plans of the American Federation of Labor, or, in other words. If the congressional can didates that the federation has mark ed for defeat are re-elected by normal majorities, it is safe to say that Mr. Gompers' reputation as a leader will sufer severely. That the reaction against his leadership will be suffi ciently strong to result In his over throw at the Minneapolis convention Is scarcely probable under any cir cumstances. Ho has successfully guided the organization for years and his personal popularity among the Hartford City, Ind., Nov. 2.—Playing that lie was a real bandit nearly cost 16-year-old Ben Anderson his life last night, when with a number of companions he sought to "hold up in true wild west style, an intemrban car south ot' here. Disguised as highwaymen and mounted on horseback they rushed out in front of the car with shouts of "halt."' Anderson was the leader and driving his horse on the track demanded of the motor man that he throw up his hands. Instead of stopping his car the motorman turned on more current. The car struck the horse, killing it instantly and seriously injuring the rider. A long gash was cut in his head and his right leg was broken. He rolled oft' the track just in time to escape being crushed under the wheels. Unconscious, he was taken to the hospital. Use Fisk's Name as Means of Getting Votes for Straight Ticket. Bnrke Will Carry State for Demo cracy in Two Tears From Now. ticket logic. Then following Mayor Duls he called attention to the fact that Fisk wanted the nomination for supreme judge from the Jamestown convention Including McKenzie and LaMoure, and falling to secure it the democratic party bolted and set up business for itself. While on this sub ject he laid down the law which The Evening Times has been declaring— though we deny any collusion—that th« judge is undei Jie power of ihose who elect him. He did nol say though that If the democratic candidate is elected he will be und»r th«? power of the railroad attorneys vhc are elect ing him. He further stated that men who betray the party trust are party traitore He gave some attention to the capitol commission bill hut some how he did not recollect that Cashel and Casey voted for it. Passing from the state ticket to democratic issues where he was not sont'jelled to ride two horses in oppo site directions at the same time, he was decidedly at home, and It must be said that during the remainder of his speech, he was fairly logical from a democratic standpoint. He stated that the election of the democratic ticket next Tuesday in this state would help to make democratic tariff laws. Then turning to the matters of free trade and tariff he openly advo cated what Is known as free trade. He is opposed to protection because it gets higher prices for the things which are sold. His entire argument on the tariff was one of the ablest arguments heard in this state for many years. And be it said that he was honest and presented the argument in favor ot democratic tariff in a clear and able manner. His' closing appeal for the voting of the straight democratic ticket also, had the ring of a man who meant what he said and who was con scientious. His most characteristic sentence .appears at the head of this article. Another thing which he made clear was that the election next Tues day will result in the election of a democratic ticket In this state two years hence. John D. Benton will not be elected to congress next Tuesday, but those who are opposed to htm in this political fight will have the pleas ure of knowing thai he is a man who So far as the issues of this campaign are concerned has not .attempted any false pretenses, and has stood square ly by the party and what it represents, and has not pretended to carry water on both shoulders. He has been a democrat standing for what he thinks is right and not posing as. beggar at the opposition crib. POPE WILL REJECT Pope Pius, 'Tis Said, Will Not Recognize French Council of State. Paris. Nov. 2.—A prelate of high rank, whose name is not given, is quoted in the press here today as say ing that the pope will reject the de cision of the council of state, rendered Oct. 31, by which, under the law of 1S81, meetings organized by private individuals for the purpose of worship will be recognized as legal after Dec. 11, when the church and state separation law formally goes into effect. The prelate added that the pontiff would never recognize that functions of religion can assume the character of public meetings. rank and file is believed to be suf ficient to keep him in power. But it is also probable that he will be forced to entirely abandon his political schemes or put them upon a wholly new basis. While the radical element of organ ized labor enthusiastically embraced the scheme of going Into politics. It Is at the same time true that the more conservative of the organizations, such as the railway brotherhoods, the painters, and others, have been only lukewarm in support of the political propaganda. The sentiment of those opposed to President Gompers is well set forth in an editorial appearing in the official organ this week of one of (Continued on page S.) -f* BABY'S BODY IN SUIT CASE. Had Been in Philadelphia Express Office Since July 1. Aaaoelated Preaa to The Bvealas Tlmea. Philadelphia, Nov. 2.—The finding q£ the embalmed body of a 6-months-old baby in a suit case at the Adams Ex press company office in this city today has furnished a mystery which the authorities are trying to solve with the aid of the Newark (N. J.) officials. The suit case was found by inspectors who were going over unclaimed articles preparatory to having them sold with in a few days. Hats had eaten away the end of the bag so that the grue some contents were exposed to view. The records of the express office show that the case has been in the possession of the express company since July 1, and that it was received from Newark, N. J. It was addressed to M. Jones, No. 1879 Bainbridge street, Philadelphia, which number, the police say, does not exist. The bag was sent from the main station in Newark. The body in the case is that of a girl which had been carefully clothed. CANADIAN SOCIETY BANQUET. Aaam-tated Preaa to The Evealas Tlmra. Pittsburg, Pa., Nov. 2.—Of inter national interest is the brilliant ban quet arranged by the Canadian so ciety of Pittsburg, to be given at the Hotel Schenley tonight. The guests for the occasion are R. F. Sutherland, K. C., speaker of the dominion house of commons, and Hon Rudolph Le mieux, postmaster general of Canada. In Session at Johnstown, Pa. —Child Labor Legislation Discussed. Aaaoelated Preaa to The Evealaa Tinea. Johnstown, Pa.. Nov. 2.—The arriv al of a number of belated delegates resulted in a considerable increase in the attendance this morning when the Pennsylvania Congress of Mothers be gan the second day of Its annual meeting. The forenoon was taken up with business of a routine character, including the reports of officers and committees. The two hours interven ing between the morning and after noon sessions were devoted to ex cursions to points of interest in and about the city. The afternoon programme included addresses on child labor laws and other live topics by Mrs. Howard Llp n'nrott of Philadelphia, and others. Walter George Smith speaks before the mothers this evening on the sub ject of a uniform divorce law. LEOPOiJwUIIED Alleged Murderer of Mrs. Les lie Reported Caught at Wausau, Wis. Aaaeelated Preaa to The Evealag Time*. Milwaukee, Wis., Nov. 2.—A tele phone message to the Evening Wis consin from Wausau, Wis., says that Leonard Leopold, wanted in Chicago in connection with the murder of Mrs. Leslie, an actress, was arrested at Wausau. The dispatch adds that Leo pold made a confession. RUSSIAN PIANIST. Aaaoclated Preaa to The Evealaar Tlmea. Baltimore, Md.. Nov. 1.—Musical circles are much interested in the American debut here tonight of Josef Lhevinne, the great Russian pianist, recently arrived in this country. Lhevinne will make a transcontinental tour, going as far west as Denver and south as New Orleans. I*? ve?fa& IL Set for Next Wednesday Be for Judge Pollock—Take Long Time. Minot, N. D„ Nov. 2.—The trial of the state against J. S. Murphy, which is the result of a disagreement of the jury in the first case, will be held at. Fargo before Judge Pollock next Wednesday. Several witnesses from Minot wil! be subpoenaed and it is expected that the second trial will consume as much time as the first. State's Attorney Geo. A. McGee will probably have charge of the state's case and Lauder, Barnett & Richard son of Fargo of the defense. Subscribe for The Evening Times. Aaaoclated Preaa to The Evealai Tlmea. New York, Nov. 2.—As a result of the letter sent out Wednesday by Wil liam R. Hearst to Judge Otto Rolsaky charging gross criminal negligence on the part of members of the board ot elections which resulted, he alleged, in the mutilation of petitions filed by the candidates of the independence league, MacDonald Dewltt, a lawyer in the offices of Ciarei.ce J. Shearn, ap peared at the district attorney's office yesterday, accompanied by Franklin Qulmby, candidate for congress from the Eighth district and by Benjamin Berger, candidate for the assembly, Joseph Webber, who corroborate* 1 Vj ,** ui» ,' «*l\ v,. «t .'\s .'. i\ -, ••,- ,'!i Preparations for the Parlia mentary Election Advancing and Meanwhile the Court Martials and Executioners Are Working Overtime. ONE COURT SENTENCES EIGHT TO HANG JHO ONE TO LIFE Lieut. Bolygakoff ,Hero of Port Arthur, is Sent to Jail. Aaaoelated Preaa Cable to The Evrilag St. Petersburg. Nov. 2.—Prepara tions for the parliamentary elections are rapidly advancing. Registrative lifts are much shorter than those of the last election, owing to the exclus ion of thousands of voters under the senate ruling of Oct. 20. The gov ernment has openeu a preliminary credit of $250,000 for election ex penses, $100,000 more than Count \Vitte, when premier, spent in all for this purpose. Work was suspended today at the women's university and academies, as a mark of sympathy with three students. Anastasie. Mame leva and Anna Benedictova, who were executed Tuesday at Cronstadt for complicity in the conspiracy of Oci. IS, to blow up the building where the court martial trying mutiny cases was sitting, in revenge for the execution of mutineers. They were both very young and were engaged in their first terroristic attempt. The supreme military court has con firmed the sentence imposed on Capt. Bolgakofr of three and a half years imprisonment in th« fortress, for en gaging in revolutionary agitation against Russian prisoners in Japan. Bolgakoff was one of the defenders of Port Arthur at'%' was decorated with St. George's cross and presented with a golden sword for bravery. The sentences imposed on twentv three peasants of the Baltic provinces, who organized attacks on the soldiers at Talsen in December lay, have also been confirmed by supreme military court. Eight of them will be executed and one will be sentenced to imprison ment for life. DEAD OR INJURED. Explosion in Railway Shops Kills One and Injures Others. Aaaoelated Preaa to The Evealac Tlmea. Chattanooga, Tenn., Nov. 2.—An ex plosion in a burning store house of the Queen & Crescent railroad shops early today killed Clark Evans, a negro. Seven white men and four negroes were injured, but none fatally. FACTORY DESTROYED. $100,000 Loss in JJew York City Today From Fire. AaaoWateil Preaa to The Ertalas Tlmea. New York. Nov. 2.—Fire today de stroyed the seven-story factory build ing at Stanton and Mangin streets, causing a loss of $100,000. Two watch men in the building were rescued with difficulty. CAMPAIGN WEARING FINISH. Aaaodated Preaa to The Bvealaa Tlaiea. New York, Nov. 2.—Charles E. Hughes is scheduled to complete his third and last up-state tour tonight, returning to the metropolis tomorrow for the finish of the campaign. Mr. Hearst likewise will participate in a grand wind-up in New York City. From present Indications it will be the most rousing campaign close this city has ever seen. The metropolitan district will be aglow with red fire to morrow night from the easternmost limits of Brooklyn to the Harlem riv er. Every available hall has been secured by one or the other of the op posing parties and every prominent street corner will be the scene of stump-speaking. Contrary to the us ual custom the spellbinders will con tinue their work almost up to the hour the polls open Tuesday morning. So far as the candidates are concerned, however, they will virtually end their speaking tomorrow night. THE WEATHER. Washington. Nor. 2.—North Dakota—Fair tonight and 8atur day. Colder tonight. ELECTION IINAL ^)r- [-4 tS. I Times Stands for Nerta Dakota Interests at all Tines lit Lnder all Circumstances. TWELVE PAGES. PRICE FIVE CENTS VT# E Quinby's affidavit, Godfrey Lehner, candidate for the assembly and Thom as F. Long, senatorial candidate, to testify in support of Hearst's conten tion. After a preliminary hearing District Attorney Jerome said: "Evidence ot larceny has been presented but the name of the culprit had not been es tablished." Jerome said that wit nesses will swear to the depositions, whereupon summonses will be issued for members of the board of elections in John Doe proceedings. It is ex pected that members of the board will be examined before a magistrate to morrow.