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THE EVENING TIMES
The Brightest, Newsiest and Beat Evening Newspaper In North Dakota. VOL. 1, NO. 270. Common Carriers Up is us Against the 4'Employers' Liability" Act. IS UNCOKSDTUIIOIUL THE COMPANIES HAVE SET UP The Act Was Passed at Last Session of Congress—Railways Aver That the Hatlonal Body of Law Makers lias No Right to Regulate Com merce Wholly Within a State* Washington, D. C., Nov. 23.—Fear ing that it may cost them millions of dollars annually In damages awarded to injured employes, leading railroads of the United States will unite in an effort to overthrow in the courts, on the ground of unconstitutionality, a law passed by the last congress, en titled "An Act Relating to Liability of Common Carriers Engaged in Com merce between the States and Terri tories and Fpreign Nations to Their Employes," but commonly called the "Employer's Liability Act," although confined to railroads. AB a result of several conferences between Eastern and Western roads an agreement has been reached to carry to the. United States su preme court the first case brought by an injured employe of some road which Involves the disputed points in the new law. The plan of the railroad lawyers has been made known to the govern ment, and the attorney general has announced that he Intends to ask leave, to intervene in the first case brought under the law, to support the consti tutionality, validity and interpretation of the act. The railroads declare that the act is unconstitutional on the single prop osition that congress has undertaken therein to invade the rights of the states. The principal fact on which the roads will rely to upset the new law is described by their attorneys as follows: "By the use of the words 'cars, en gines, appliances, machinery, track, roadbed, ways of works,' congress ex tended the provisions of the law over all instrumentalities of companies con ducting commerce. The general and sweeping terms 'every common car rier,' 'iany of its agents,' 'any of its officers, agents or employes,' 'all in strumentalities,' establish the proposi tion that there was but one idea in the mind of congress, namely that as to congress there shall be no states. Debates in congress on this act also show conclusively that such was the object sought to be accomplished yet the judicial department has been de claring for a hundred years that the IOWA PEOPLE SUE FOR MONEY Webster City, Iowa, Nov. 23.—A case of unusual interest to CathollCB all over Iowa, has. been filed In this city. It is entitled C. J. Sherman, John Handfelt, et al, vs. Archbishop John .1. Keane, al the defendants of Du buque. The action is-brought against them for judgment in the sum $3,065.98 The case involves subscriptions made by the plaintiffs toward the erectloii of a Catholic church and parsonage at Williams. Because the terms of the contract undgr which the subscrlpltons were made were not carried out, suit was brought for the recovery of the money subscribed. The district court in this city decided In favor of the plaintiffs and an appeal was taken by Archbishop Keane to the supreme court. Pending the trial on appeal. Archbishop Keane and the other two defendants named filed a bond in the court here to insure payment of the judgment in case the supreme court af firmed the decision of the lower court. The finding was 'finally affirmed, and the present action is brought upon the bond to force fulfilment of the Judg ment of the district and supreme courts. The case involves a long story and somo most peculiar plrcumstances. The dathollc church at Williams was destroyed some years ago by a cyclone and a subscription paper was circulat ed to obtain money to erect another church as well as a parson&ge. This was under the regime of the late Arch bishop Hennessy. In Wlllams area number ot German speaking people, and Messrs, Sherman. Handrelt and others agreed to contribute toward the erection of tha new church and par power to regulate commerce wholly within a state was a power which the stateB never surrendered, to the federal government, and, as congress well knew, much of the: commerce of com mon carriers Is carled on wholly with in the individual states. THE QUEEN OF SPAIN. Associated Prom to The Bvealas Tinea. Madrid, Nov. 23.—Semi-official no tice has been given that In all public announcements respecting the Queen of Spain, Her Majesty shall be known in the future as Queen Victoria: Eugenie, and not Queen Victoria. This Is In compliment to the Empress Eu Igf *. jitter whom the queen was v?h° is expected to be que-. ileaiV *MM Her Majesi* her vast fortune to "Jpain. 1 WANTS A DIVORCE Says Hitsband Deserted Her to Go to Another Woman. San Francisco, Cal., Nov. 23.— Claiming to haee been duped by Geo. H. Freeae, a young New Torker, of good family, who came to San Francis co and went into business under an assumed name and who made love to her, became engaged and afterward married her in this city under that assumed name, Mrs. Ernestine Freeze, of No. 61 Water street, otherwise known as MrB. Ernestine Williams has brought suit for divorce against her husband, charging him with additional wrong in deserting her for another wo man aftdh she had discovered the ruse practised upon tier. Mrs. Freeze was formerly Miss Er nestine Fischer, and was living with her parents at No. 61 Water street, in 1903, when she, first met the man who afterward became her husband. Freeze was then passing under the name of George E. Williams, and under that name was married to Miss Fischer on June 26, 1903. Shortly afterward they wait to New York city, where Mrs. Williams met her husband's parents and learned tor the first time that his real name waa ^ot Williams but Frtstae. dldCjHOt explain his duplicity, but after smoothing it over and living with his wife untl September, 1905, deserted her, and she says in her petition that he then ran away with another young woman. Mrs. Freeze returned to her parents, in San Francisco, but instead of bring ing a suit for annulment of the mar riage has asked for a divorce on the recently attained ground. A Resulted in Double Tragedy Wife and Husband Dead. tUMlittd Press to The Bveala* Time* Grand Rapids, Mich., Nov. 23.—Af ter a trivial quarrel with his bride of three months over the purchase of some"' furniture. Delos Highland, a farmer living near Casnovia, shot and killed her yesterday. He then turned the revolver upon himself. The'trag edy took place in their home. High land was 28 years old and his wife 22. sonage upon the express understand ing with the archbishop that a priest be sent to the parish who a poke both English and German. This he failed to do, and soon after the erection of the church property, Archbishop Hen nessy died and was succeeded by the present Archbishop Keane. The latter also refused to carry out the agree ment with the German Catholics of Williams. Both Hennessy and Keane based their refusal upon the grounds that the best Interests of the church would be conserved If the Williams priest spoke only English. Things ran along for some time with nothing more than protests from Messrs. Sher man, Handfelt and others. Finally, however, when It became evident that the archbishop would not change his mind, they brought action upon the agreement under which their subscrip tions were taken. There were four teen of the plaintiffs, and they won in both the lower and higher courts. The amount of their original judgment was but $2,430.10, but costs and ipterests have run it up to $3,066.98. The trial of the case in the district court here in 1902 attracted unusual attention, as also did the hearing in the supreme court. The present action will doubt less end the long litigation. As to just what grounds Archbishop Keane takes in refusing to pay the judgment affirmed by the supreme court, noth ing is as yet known. It is' three years since the bond WBB filed, upon which suit is now brought, and it was a year ago last July that the supreme court affirmed the decision of the lower court The case In district court was heard before Judge Dyer of Ames. Lieutenant Perry, Noted Arc tic Explorer, Ends a Six teen Months Voyage. HE REACHED 17 DEGREES E MI NORTH URMIDE His Ship the Roosevelt Arrived This Morning at Sydney, N. B., and Was Greeted by American Consul and Other Officials—Wiy Refit Ship and Start at Once for New York City. l(HClaC«d Press to The Brulif Times. Sydney, N. B., Nov. 23.—Flying the flag of the United States which had been placed nearer the pole than any other national standard, and weather beaten and disabled, the Peary arctic steamer Roosevelt arrived here today under sail and steam, after sixteen months' vain effort to reach the pole. Though not entirely successful, the expedition nevertheless got to 87 de grees 6 minutes north latitude, or within two hundred and three miles of the pole. The Roosevelt left Port Basque, Newfoundland, at 3 o'clock yesterday afternoon and averaged five miles an hour to Sydney, experiencing a light wind and rains. The ship came to an anchor off the yacht squadron pier. Though the hour was early, the Roosevelt was soon visited )»y the American consul and various local officials. Commander Peary came ashore almost immediately after the steamer came to anchor, and joined Mrs. Peary, who has been here for two weeks waiting for her husband's return. The commander said his immediate movements were in doubt. He thought he would pay off the New Foundland members of hiB crew at Sydney, mako some repairs to the Roosevelt, get a new crew and equipment, and go to New York. HELD FOR ARSON. Man With Mission "To Cleanse and Chastise by Fire" Has Another Job. tssoclated Press to The Rveilas Times. New York, Nov. 23.—Walter E. Fin ney, 23 years old, who the police de clared has informed them that he has a mission from the Lord "to cleanse and chastise by fire," was arrested today charged with setting the series of fires which created consternatiou and did considerable damage In the vicinity of Twenty-third street and Eighth avenue early yesterday, The police say that Finney has con fessed that he set one of the fires and that he was present when several of the other houses were burning, and also at numerous fires in the upper west side within the past few weeke. Finney was arrested in the hallway o€ a tenement in Seventeenth street near Eighth avenue early today. His strange antics had attracted the at tention of a policeman, who followed him when he entered the hallway of the house. PRIZE COURT SITS. iwiwia'lrd Press Cable to The Evening Times. Libau, Nov. 23.—After two days in puiry into the capture of the British steamer Oldhamia' during the Russo Japanese war, the prize court has de cided that the 01:.?.amia carried no explosives. The final sitting of the prize court was adjourned until the Middle ol' February. Herr Anatole, a lawyer of Berlin, represented the American and British interests. PKMI Cable The Bvcalii Tine*. Rome, Nov. 23.—The King and Queen ot Greece arrived in Rome to day on a state visit to King Victor Emanuel and Queen Helena, with whom they will spend four days at the Quirlnal. The route from the aepot to the palace was lined with troops, and the royal visitors received an enthus (MWL»(4 Preaa to The Bvealac TIBM. Boston, Mass., Nov. 23—Seventeen of the principal American universities and colleges were represented at the opening todh.v of the eighth annual copference of the Association of Am erican Universities at Harvard. Among those present were President Wheeler of the university ot California, Prof. H. P. Judaon of the university of Chi A SQUARE DEAL FOE All EVENING TIMES GRAND F0RK8, NORTH DAKOTA, FRIDAY, NOVEMBER 23, 1906. SAFE AT SYDNEY. Peary's Steamer The Roosevelt Makes Port at Sydney, Nova Sesftfe. Sydney, N. Nov. 23.—Peary's Arctic steamer the Roosevelt arrived here safely this morning. The night was thick and rainy and the steamer was not reported until she reached harbor. TOWNSHIP 18 SOLP* Land Bought at 76 Cents an Acre Brings 916,900. Dickinson, N. D., Nov. 23.—Walace Huidekoper has sold, a township of railroad lands to Eastern capitalists for $75,000. The laid, which com prises 11,320 acres, Is situated in Bow man county, and originally was pur chased for 75 cents hn acre. 10 YEARS Was Given to Nclrth Dakotan by Judge B^irke at Napoleon. Napoleon, N. D., Nov. 23.—Judge Burke held the regular fall term of the district court here. But one case was called for hearing at this term and that was of the State of North Da kota vs. Michael Will, who was held to answer ,to the charge of rape upon the person of Regina Pudwell, a young girl who resides east of Red Lake and near the Will place. Will is a young man of about twenty years of age. The case was prosecuted by State's Attorney McKenna, assisted by Attor ney Guy of Wishek, and Attorney J. M. Brown of Eureka appeared as counsel for the defense. The first day was spent In organiz ing a jury and the taking of testimony did not begin until the next day. A verdict of guilty was returned by the jury. The court imposed a sentence of ten years in the penitentiary. The defendant filed a cash bail in the sum of $2,000 pending the case on appeal. MAJOR. I. H. WILSON, FARGO Grand Vice Chancellor of K. of P. ot N. D.—Dropped Dead Last Night. UIRED FROM ROME While Under Hypnotic In fluence, Girl is Returned to Her Mother. Colorado Springs, Nov. 23.—Lured from her home while under a hypno tic spell, Florence Hines, a pretty 15 year-old girl, was taken from the di vine healing home of Rev. G. F. Fink In this city and returned to her moth er in Pueblo. The arrest of the girl caused a scene at Fink's home. She fought against being removed, and shrieked that no power on earth could compel her to give up the strange faith that caused her to leave home and become a con vert to Fink's teachings. For six weeks detectives have been search ing for the girl and all this time she had been in hiding in Colorado Springs. The girl's mother, Mrs. Hines, lives at No. 120 Eighth Street, Pueblo. A year ago Mrs. Hines came to Colora do Springs, attracted here by the stor ies she had heard of Fink's Ppwer as a healer, and she spout some time at his Institution taking the faith cure. Not receiving any benefit, she says she renounced the .eliglous sect and returned to Pueblo. The Influence of Fink and his fol lowers over the youg girl, however, was so strong that she ran away from home and returned to the sect in this city. King George of Greece Is Visiting In Rome, Italy iastic welcome from the. inhabitants oi' the capital. A series of entertain ments has been arranged for the vis itors, including a state banquet and a gala performance at the opera. Though no authoritive announcement has been made, it is considered probable that King George will be received by the Pope, the same ceremonies and form Conference of American Universities at Boston cago, President Schurman of Cornell, President Ramsen of Johns Hopkins, Prof. H. B. Hutchins of the university of Michigan, Prof. A. F. West of Princeton, Prof. T. W. Page of the uni versity of Virginia, President Van Hlse of the university of Wisconsin, and President Hadley of Yale. During the two days it will be in Well Known North Dakotan Honored Today at Kansas City, Mo. NAMED SECOND V. P. OF TRJUIS WSSTSSIPPL COMMERCIAL CONG. Convention This Morning "Turned Down" Resolutions Introduced by William J. Bryan—Matter of Ship Subsidies and International Arbi tration Also Thoroughly Discussed. Associated Prem to The Rvealag Tltnr* Kansas City, Nov. 23.—The resolu tions committee of the Trans-Missis sippi commercial congress in session today voted down two resolutions sub mitted to congress last night by Wil liam J. Bryan. The first of these resolutions favored the indorsement by congress of a resolution adopted by the International union at the Lon don session, in favor of the settling of International questions impartially by a court or commission of investigation before the declaration of war, or opening of hostilities by any country. The second resolution sought to place congress on record as being op posed to private monopolies and, be lieving them "indefensible and intol erable, favors' enforcement of exist ing laws and enactment of such new laws as may be necessary to protect industry from menace offered by trusts." .. Kansas City, Mo., Nov. 23.—Dele gates to the seventeenth annual con vention of the Trans-Mississippi com mercial congress today placed the finishing touches upon their work at this gathering which, in many re spects, has been the most memorable in the history of the organization. The resolutions committee, of which Col. John P. Irish of California i.s chairman, had not finished Its work when congress convened this morn ing. Since Its appointment, the com mittee has had a hai'il struggle tc rcach an agreement upon a platform treating with the ship subsidy sugges tions made before the convention, on the opening night ji the gathering by Elihu Root, secretary of state, who Is believed to have spoken for Presi dent Roosevelt. Two other Important resolutions presented to the conven tion personally last night by William J. Bryan, and considered this morning by the resolutions committee, asked the commercial congress to indorse the resolution adopted by the inter parliamentary union at Its I.ondon session last July in favor of the sub mission of all International questions to an Impartial court for investiga tion before the declaration of war, and another one sought to commit congress as being opposed to private monopolies as indefensible and intol erable. The following nominations for the officers of congress for the ensuing year will be presented to the conven tion, and as there are no contests they. unquestIonabl will be ratified: President. Col. D. H. Loveland. San Francisco first vice president. L. Bradford Prince, Santa Fe, N. M. second vice president. N. G. Larimore, 1-arinicre, N. D. secretary, Arthur F. Francis, Cripple Creek, Col. alities being observed as on the oc casion of the Kaiser's visit to His Holi ness. Because of the recent unusual activity ot' the Anarchists in Greece, as well as elsewhere on the Continent, extraordinary precautions are being taken to insure the safety of the royal visitors during their sojourn in Home. session the conference will discuss several topics of interest to the aca demic world, Including the appoint ment and obligations of graduate fel lows, the exemption of educational In stitutions from taxation, and the ques tion as to whether men bearing the same title in any Institution should receive the same pay. BIG FINE. Associated Press to The Rnilac Times, New York, Nov. 23.—Judge Holt, In United States court has fined the New York Central Railroad, $18,000, for rebating freight charges" tO' the American Sugar company. BODY REMOVED. Remains of Hero of Revolution are Taken From Grave. Associated Press to The Bveala* Times. Philadelphia, Pa., Nov. 23.—In pres ence of a distinguished company the body of James Wilson, one of the great fighters ln the American revolution, which lay In a North Carolina grave for 108 years was placed beside that of his wife, in the burial ground of the historic Christ church. OUST Fill OFFICE For Failure to Enforce the Prohibition Laws in Kansas Towns. Special to The Evealag Times. Topeka, Kas., Nov. 23.—Suits to oust from office A. B. Klrkwood, mayor of Pittsburg, Kas., and F. W. O'Donnell, mayor of Junction City, Kas., for fail ure to enforce the state prohibition law, and against the cities of Pitts burg and Junction City prohibit them as municipalities and their officers from collecting licenses from "joints," or illicit saloons, were filea here in the Kansas supreme court by Attorney General C. C. Coleman. These 6ults are similar to that filed against former mayor Rose of Kansas City, Kas. While Attorney General Coleman refused to discuss his future plans. It Is generally assumed that the filing of the suits means that others will fol low against the mayor of every city and town in the state where the prohi bition law is being violated. It Is known that papers have already been drawn up in a petition to oust Mayor Goodlander of Fort Scott. THE GILLETTE TRIAL. Some Sensational Evidence Was In troduced Today by the State. Associated Press to The Events* TtaMs. Herkimer, N. Y., Nov. 23.—The boat in which Chester Gilette and Grace Brown tok the fatal ride in Big Moose lake last July was introduced as evi dence in the trial of Gillette here today. Something of a sensation was created by the testimony of Robert Morrison, who found the boat Mor rison said that he found a quantity of hair clinging to one of the cleats, and removed some of it in the pres ence of witnesses. Other parts of hair still remained in boat. IRK OFJE BOGS Six Incendiary Fires Within Small Area Causes Stir. New York. Nov. 23.—Six incendiary fires within an area of a half dozen city blocks caused intense excitement in the vicinity of Twenty-fourth street and Eighth avenue Thursday. One woman was so severely injured that she may die, hundreds of lives were endangered and thousands fled to the streets in fear. The financial loss is comparatively small. THE: EVENING TIKES Stands for North Dakota at all Time* and Under all CIrcumstances EIGHT PAGES—PRICE FIVE CENTS. Treacherous Reefs in Gulf of St.. Lawrence Claimed Many Lives. SEASON JUST ENDED IMS DISASTROUS TO SHIPPING Financial Losses in Those Waters Alone Aggregated a Quarter of a Million—Of the Sixty Who Perished Fifty Met Death in the Fast Three Weeks, Most of Them Foreigners. Special to The Evealag Times. Chatham, N. B., Nov. 23.—More than half a hundred lives were lost and nearly a score of vessels were swept to destruction on the treacherous reefs and sand bars of the gulf and river of St. Lawrence during the sea son of navigation now drawing to a close. Of sixty persons who perished in these waters within the past year, nearly fifty met death this month, the most disastrous to shipping in the St. Lawrence in a dozen years. The finan cial losses agregated a quarter of a million dollars. A majority of those who perished were lost from square-rigged vessels of foreign register. SCHMITZ IS HAD. Associated Press to The Kwilag Tlais New York, Nov. 23.—Mayor Schmits of San Francisco, who arrived here to day on the steamship Patricia, said there was absolutely no truth in the charges made against him and that he will go to San Francisco and court the fullest Inquiry. WITH DEATH NEAR AT HAND HE JOKED ON THE SCAFFOLD Madrid, Nov. 23.—Juan Aldige, the proprietor of a gambling den at Pena flor. near Seville, and Manual Munoz, his assistant, were executed at Seville on six charges of murder. Aldige enticed Innumerable travelers and others to his house, which stood in an isolated place and fleeced them by cheating at cards. The victims who protested against his play, or otherwise ehowed that they had discovered his trickery, were killed by Aldige with a hammer, and their bodies buried in his garden. The condemned men shocked even the jailers by their callousness, and while on the scaffold laughed and joked with each other. Munoz talked continually, and when the priest beged him to keep silence during the reading of certain prayers the criminal replied: "I am going to talk as long as I have the chance, for I shall be dead a long time." Both men were garroted in the usual manner. When the collar was placed around Aldlge's neck he shouted: "One two, three—go!" and at the last word the executioner turned the screw. The murders at the Penaflor gamb ling establishement were discovered by accident. A wealthy man named Rejano, who was a great gambler, disappeared and the police traced him to Aldlge's house. A careful. examination was made of the premises, and a freshly turned up mound of earth was noticed in the A BEBDT LOST. Associated Press Cable tm The ECvesisg Tlflls. Nov. 23.—Chief Engineer Berdt of the Trans-Caucasian rail road was shot and seriously grounded by two unknown men who attacked. him in the street. Berdt, althougn shot in the chest, drew his revolver and killed one of his assailants. The other one fled but was arrested. The crime was dictated by political mo tives. THE MITRPHY CASE. Final Arguments Tomorrow—Trial to Cost About IIOfiOO. Spttlnl v. The Evening Times. Fargo, X. D., Nov, 23.—The taking of evidence in the case of Major Mur phy will be concluded this afternoon, and arguments by the attorneys will be started tomorrow morning. The witnesses on the stand today had been on before and were put on for the purpose of testifying against certain things said by Murphy while he was on the stand. So far the trial of Major Murphy on a charge of forgery has cost up Into the thousands of dollars, and it is figured that the total cost will be about $16,000. garden. When excavations were made the body of Rejano was found some feet below the surface. Further excavations were made, and six other bodies were found. The vic tims had been killed by a single blow of the heavy hammer, delivered from behind, which crushed the skull. The garden has been termed the "Garden of Death." ROOT IN CINCINNATI. Cincinnati, O., Nov. 23.—On his re turn trip to Washington from Kansas City, where he spoke earlier in week before the Trans-Mississippi congress. Secretary of State Root stopped off in Cincinnati today to address the Commercial club In response to an In vitation from that body. Secretary Root has announced as the subject of his address his recent trip to South America and the future commercial and political relations between the United States and the South American republics. MEMORIAL TO JEFF. DAVIS. 4iw»rlaied Press to The fcWrnlnic Ttmra. Richmond, Va., Nov. 23.—The com mittee sent to Providence, R. I., to inspect the bronze monuments being cast there, and which are to be set up in this city, has returned with a favorable report of the progress of the work. The monuments are those of Jefferson Davts and General J. E. B. Stuart. Both are to be unveiled at the reunion of Confederate Veterans in Richmond next summer. The statues are the work of Edward V. Valentine, the sculptor, and will be paid for by funds raised by the United Daughters of the Confederacy.