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THE EVENING TIMES
The Brightest, Newsiest and Best Evening Newspaper In North Dakota. VOL. 2, NO. 2. INDICTMENTS Ohicago Judge Overrules De murrer of the Standard Oil Company. ftSKIKG pSHliffiTF EIGHT INDICTMENTS FOR REMTIIKi Demurrer Sustained In Two Instances Because ef Technical Defects— Court Hade Rulings on Various Phases of the Elklns' Law and Showed Its Application Here. imdiltd Pmm to Tke EvhId« Times. I Chicago, Jan. 3.—Judge Landis in fthe United States district court today over-ruled the demurrer to eight In dictments against the Standard Oil company for accepting rebates from railroad companies. As to two others, the demurrer -was sustained on ac count of technical defects in the in dictments. "These prosecutions," said the court, "are for alleged violations of section one of the act approved Feburary 19, 1903, known as the El kins law. The charge is that the defendant obtained transportation of its property by vari ous railway companies at rates less than those named in the carriers pub lished schedules. The offenses are al leged to have been committed prior to the enactment of the law approved June 29, 1906, known as the rate law. Indictments were returned Aug. 27, 1906." The court ruled against the defen dant's contention that the Elkins law was enacted really to prohibit the em ployment of indirect methods to ob tain preferential rates, it being the de fendant's contention that it was not a violation of'the law, if the railway company dealing directly with the shipper, gave that shipper a cut rate. The court also ruled against the de fendant's claim that the provision ot the Elkins law requiring shippers to adhere to the published rate was void, as being against that provision of the interstate commerce law, which re quired carriers to transport property for a reasonable rate, the court hold ing .that the carriers and Shippers were both required to adhere to the published rate until such rate was publicly changed in a manner pro vided by law. NAMESOFTHEKILLED List of Dead in Kansas Wreck "Only Thirty" Say Rail way Officials. Topeka, Kas., Jan. 3.—Rock Island •officials here today insisted that but thirty persons were killed and thirty others seriously injured in the col lision of the two fast passenger trains on that road yesterday near Alma, Kas. The officials declare that the statement attributed to the con ductor of Train No. 29, that he had tickets for seventy-six Mexicans is a mistake. They assert that at most there were not over thirty-five Mexicans aboard the train. The known dead: JULIUS BURMEISTER, agejd 33 years, Davenport, Iowa. WILLIAM T. MILLER, soldier, Kansas. ALBERT LINE, colored porter, Topeka. FRANK SAYRE, New London, Mo. W. K. OSGOOD of Mitchell or Mitch ellville, Iowa. TWENTY-FIVE MEXICANS, la borers. There are twelve seriously injured in the hospital here. Some of these may die. Most of the slightly injured .have all left the clcy. At Alma to day, the coroner's Inquest over the victims was begun, and John Lynes, the boy telegraph operator who is blamed for the collision, was the prin cipal witness. MUI TO NIMH,TO MARRT San Francisco, Cal* Jan. 8.— Among tbe passengers sailing, today for the Philippines is Miss Flora Watson, who is pro* ceeding to Manila to become the bride of First Lieutenant Will lam T. Butler, of the Sixth Cav alry. The wedding will mark the climax of a romance begun a number of years ago on the other side of the American con tinent. Lieut. Butler was form erly of Morrlsvllle, Pa. He en listed as a cavalryman In the Spanish-American war and qnlclcly won his non-commission chevrons. After the *ar he was promoted to a lieutenancy. Then it was that he asked Miss Wdtson, a former schoolmate, to be his bride, and she consented. Being a mere slip of a girl then, the wedding was delayed, and Lieut. Butler was sent to the Philippines. Though the two haTe not met In more than eight years an ardent courtship has been kept up by mail and ar rangements have been made for the marriage to take place as soon as Miss Watson arrives at Manila. CATCH IN K6MN Topeka Authorities Released Man They Now Desire for Alleged Shooting. Associated FMa to Tke Hveilag Time*. Topeka, Kan. Jan. 3.—A negro who is believed to know the name of •the negro supposed to"be a member of Company C., Twenty-flfth Infantry, who shot and seriously wounded Capt. Edgar A. Macklin, at the latter's home at Fort Reno, Okla., two weeks ago, is being sought by the authorities here. The man was under surveillance in this city for several days and finally was taken before District Attorney Bone and questioned. Attorney Bone, convinced that he was net the man wanted, released the negro, and he left town apparently going west. Now the authorities are seeking him in the be lief that if he Is not the real assailant of Capt. Macklin, he knows the name and probably the whereabouts of the man wanted. MONTANA WRECK. Two P. Railroad Men Killed In Accident Yesterday at Livings ton. Associated Preaa to Tke Evening Times. Livingston, Mont., Jan. 3.—A wreck occurred yesterday at the coal spur station on the Northern Pacific, twelve miles west of this city, In which two railway men of Livingston lost their lives. The dead: James Caruso, locomotive engineer. J. A. Storres, freight conductor. The men were riding In the caboose of the extra east. Just as the extra had secured orders to enter the block east from the coal spur and was pull ing out, the train was struck by two light engines. CHINKS ARE ANNOYED. Special to Tke Erealic Tlines. All Trying to Extend Boycott On American Manufactures. Shanghai, Jan. 3.—As a result of the revival of the boycott of American goods due to the failure of the United States authorities to modify the Chinese exclusion act, the boycott, which was recently revived at Can ton is spreading over China. Efforts are being made here to induce Chinese newspapers to reject advertisements of American manufacturers. CAR SHORT AGE PROBLEM WILL BE GIVEN PROBE Aaaoctated Preaa to Tke Bmlif Times. Chicago, 111., Jan. 3.—If exhaustive .'discussion and vigorous protest by men of highest standing in the indus trial world will accomplish anything toward the solution of the car short age problem, then results of a per manent and far-reaching character may be expected from the national convention of shippers which is to meet here tomorrow. Hotel registers are already filling with the names of men who have respondd to the call for the gathering Included among them 'are men ot wide reputation and un doubted influence in the business world. They come from all over the Northwest, from the South and South -west and from other parts of the coun NEW ENGLAND LEAGUE MEETS. Associated Preaa to Tke Evening Times, Boston, Mass., Jan. 3.—The New England baseball league convened at the Qulncy house today for its annual meeting. The business of the past year will be wound up and plana dis cussed for the coming season. The Casselton people are agitating a creamery proposition and several people have become interested. try. The majority of them are con nected with the coal or lumber in dustry, though many other branches of trade and industry are represent ed. Talks with today's arrivals make It plain that all are in deadly earn est and that they purpose to have the car shortage remedied, even if they have to fight the railroads to a finish. The convention will discuss the prob lem In all its phases and will review at length the testimony adduced at the recent freight congestion inquir ies conducted by the interstate com merce commission. Just** what steps will be taken with a view to remov ing the evil are not known, but it Is probable that national legislation on the subject will be recommended. Lisbon, N. D., Jan. 3.—Thie pre liminary hearing in the case of the state of North Dakota versus the St. Paul, Minneapolis & Sault Ste Marie railway, in which the defendant is charged with criminal negligence, in connection with the recent wreck at Enderlin, N. D., which resulted In the death of eleven persons, and the seri ous injury of twenty-five others, was called here this afternoon late before Judge Allen of the district court of Ransom county. The technical title of the case Is that of the state versus J. J. Moore, C. H. Acker and J. E. Walsh, trainmen in charge of the yard IS DEFENDEDIBY Foraker Resolution for Inquiry Into Discharge of Negro Troops Introduced. Aaaeetated Press to Tke Eralif Tinea. Washington, June 3.—Senator For aker's resolution for an inquiry by the senate into the aischarge of the Negro troops of the Twenty-flfth in fantry on account of the Brownsville, Texas, episode was laid before the senate today and Senator Culberson made an address c«t the subject. He said he would have kept quiet but for the fact that a great injustice had been done to the people of Browns ville. Culberson said the conduct of the Negro soldiers have been very irri tating to Brownsville people, and es pecially so to the women. He related that on Aug. 4, the last day before the "shooting up" of (the town, a criminal assault had been committed by one of the soldiers on the wife £f a reputable citizen, and said that no arrests had been made for this crime. Culberson defended Captain McDon ald of the Texas rangers, to whom Foraker had referred, because, of Major Blocksom's reference to him as a man who was "so brave that he would not hesitate to charge hell with a bucket of water." Culberson also said that he knew Major Blocksom to be a gentleman In defending Presi dent Roosevelt, for his dismissal of the troops. Mr. Culberson sa'ld the fact that the troops were Negroes had nothing to do with their discharge. Confusion as to legal questions in- .Vasoi'lnted Proas to The ISvenlnK Times. Springfield, 111., Jan. 3.—Members of the Presbyterian and Cumberland Presbyterian churches throughout the country are deeply Interested In an injunction suit that came up for hear ing today in the appellate court in this city. The injunction seeks to pre vent the union of the two religious bodies and was filed by members of the Cumberland Presbyterian church of the United States. The general assembly of the Cum berland Presbyterian church at the annual meeting held In 1903 at Nash (Br E. C. Snyder.) Washington, D. C„ Jan. 3.—"Tho scarcity of lumber and the difficutly of getting satisfactory proposals Is com pelling the Reclamation Service en gineers to undertake a number of the larger works by direct force account, employing laborers and teams," said Mr. H. N. Savage, Supervising En gineer of the Reclamation Service for North Dakota, Montana and Wyoming, who is in the city on a brief visit. "While the policy of the Reclamation Service is to advertise all of its work and to award contracts wherever prac ticable, It is frequently necessary to take over a number of the contracts and carry them out to completion. "The St. Mary canal is one of the well known features of the Reclama tion Service work. Construction was begun by the engineers last summer, and additional plant, steam shovels and steam excavating machinery are now being transported to the site of the canal and assembled for carrying on the work as soon as the season opens up in the spring. It is expect ed that some of the deeper cuts can be excavated during the winter. The canal crosses the Blackfeet Indian reservation, and the engineers em ployed the local Indians with their teams so far as available during the season of 1906. Two hundred and eighty teams were on the work at one time. It is expected that an equal or A SQUARE DEAL FOR ALL THE EVENING TIMES GRAND FORKS, NORTH DAKOTA. THURSDAY, JANUARY 3, 1906. For Alleged Criminal Negligence In Con nection With Wreck at Enderlin N. Dakota engine which obstructed the line at Enderlin. The trio is charged with manslaughter in the second degree, for having caused the death of W. R. Danielson of Sheldon, N. D. Daniel son was one of the eleven victims of the disaster. The witnesses in the case—about twenty in number—had expected to arrive here this morning, but the Soo passenger is snow bound and it was found necessary to procure double header sleighs and make the drive across country—a distance of sixteen miles. T. A. Curtis is representing the de fendants in court and it is asserted A Prominent K. of P. GEO. B. DENISON, Grand Prelate Knights of Pythias of North Dakota. volved was, he said, responsible for the statement that the president had no authority to make the discharge. He said the president had ample au thority to do so. CHILDREN' OF ARCHDUKE OTTO. Aasovlated Press to The Evening Times. Vienna, Jan. 3.—It has just been publicly disclosed that since the death of the Archduke Otto, which occurred several months ago, two letters from him have been found, one being ad dressed to the Kriiperor, and the other to his brother, the Archduke Fran*. Ferdinand, disclosing the fact that he was the father of two natural children, aged five and six, by a Viennese ac tress. The Archduke Otto Implored the Emperor to take care of these chil dren. It is reported that his Majesty gave the sum of 200,000 crowns for the maintenance of the children, but the Archduke Franz Ferdinand gave nothing. The mother of the children was present with Archduke Otto until death, retiring only when some mem ber of the imperial family paid a visit to the sick room. TWO PRESBYTERIAN CHURCHES AT WAR AT SPRINGFIELD, ILL ville, Tenn., passed a resolution sub mitting the question of union of the two branches of the denomination to a vote of the membership. At the general assembly held in 1905, at Fresno, Cal., the vote of the Cumber land membership was canvassed and showed a majority in favor of union. At the meeting of the general assemb ly of the Cumberland, church held last May at Decatur, 111., the proposed union was formally decided upon. There was a minority report on the matter, however, as many of the mem bers of the Cumberland Presbyterian RECLAMATION BUREAU NEEDS CONTRACTORS AND MEN larger number wJU be available for the work during the coming season, 1907. "The Reclamation Service will con sider informal proposals from con tractors who desire to take small sec tions of this work. The nature of the canal is such that there is oppor tunity for small contractors with steam machinery or with teams to get satis factory contracts. "Work on the Huntley project Is progressing quite rapidly. It is ex pected that some water will be avail able for irrigating the land in the summer, thus enabling the entrymen to get their lands broken up and their houses and barns erected during the summer and fall. "The work on the three tunnels Is being carried on by contractors work ing three shifts continuous time, and the contractors report that they will finish this work and one section of the maiu canal on schedule time. The en gineers are building the pumping plant for this project by force account, no satisfactory bids having been re ceived. A large force of teams and men are now at work. This is a uni que factor in that the water of the main canal is dropped 33 feet and the power thus created is utilized to lift water to a height of 85 feet, cover ing an additional 3,000 acres of land. "Arrangements have been made to open a school on January 1st, and 25 pupils are already waiting to attend. the latter will make a positive denial of criminal negligence, claiming on the other hand, that the accident was due to the condition of the weather which on the morning of the accident was very foggy and cloudy. The states attorney is appearing foi the people and will make a strong endeavor to convict the defendants of the charge of which they stand ac cused. The latter have been enjoying liberty on bonds of $2,500 each, fur nished, it is claimed, by the Soo rail road. There are twelve witnesse.3 for the stated and six for the defense. The hearing will last two or three days. KILLED RUSSIAN KEJTFECT Von Der Launitz, Prefect of St. Petersburg Police, As sassinated Today. Associated Preaa Cable to The Evening Times. St. Petersburg, Jan. 3.—Major Gen eral Von Der Launitz, prefect of po lice of St. Petersburg, was shot and killed by a young man at the insti tute of experimental medicine this afternoon. Von Der Launitz at the invitation of Prince Peter Alexandrovitch, duke of Oldenburg, a brother-in-law of the emperor, was attending the consecra tion of the institute chapel. During the services, and while mingling with several high officials, the prefect ot police was approached from behind by a young man, who drew a revolver and shot him In the base of the brain. Von Der Launitz fell forward and died in two minutes. As the assassin start ed to flee, one of the officers drew his sabre, cut him down, and killed him. The Identity of the assassin has been established. AMERICAN SOCIETY OF EQUITY. Stillwater, Okla., Jan. 3.—The Okla homa division of the American So ciety of Equity, a national organiza tion that aims to place the control of his products in the hand of the farmer and to do away with the middleman's profits, met in annual convention her. today with a considerable attendance. The meeting, which is to last two days, will discuss plans for thoroug ly organizing the wheat producing counties of Oklahoma and also to bring into line the growers of cotton, com, fruit and other crops as well, fn all parts of the new state. church are bitterly opposed to the merger with the Presbyterian Church of the United States. The minority report recited the fact that a total of $7,390,560 worth of property be longing to the Cumberland church or under its control would revert to the Presbyterian church, and the objecting members held that there was no au thority in the constitution of the Cum berland church which sanctioned such a step. On the contrary, they held that it was directly opposed to both the spirit and the letter of the fund amental laws of the church. These are the children of people em ployed by contractors who are pros pective settlers under the project and who have already moved their fam ilies to Huntley. A Sunday school has been in operation for three months with an attendance of from 25 to 40. The school house is practically com pleted. The Sunday school is held at the cottage of the Supervising En gineer. "The first unit of the Sun River pro ject, near Great Falls, is approaching the construction stage very rapidly. Drawings and specifications have been completed for the distribution sys tem, and for the structures for the first unit of 17,000 acres, which In cludes the Ft. Shaw Military reserva tion. It is expected that proposals will be received about March 1st for this work. Drawings and specifica tions have also been completed for the Willow Creek dam, and advertise ment will be made the first week In January. This reservoir will store water to supplement the low flow of Sun river. "On the lower Yellowstone the con tractors are carrying on the work as rapidly as climatic conditions will permit. Work on the big dam across Yellowstone river is being prosecuted by the Pacific Coast Construction com pany, and the deep cuts on the main canal are being excavated with clam sheel steam excavating machinery of large size." Sioux Falls, S. IV Jan.An application ..of ..Montgomery, ward & Company, the great thlcago mall order house, for an Injunction to restrain the South' Dakota Retail Merchants and Hardware Dealers' association from maintaining a boycott aginst the firm came np for fiearfng fn the federal court Here today. The proceeding Is of general interest as the result will go far toward determining the future steps in the warfare between the catalogue Bouses and the retail merchants and jobbers. For years, It fs alleg. ed, tile mail order houses hare been cutting into the rctalT trade to such nn extent as to drive many of the merchants in small cities and towns out of business. At its annua] meeting a year ago- the South Dakota associa tion of retail merchants devised' a liojcott against catalogue house* and also against those wholesalers who sold to eatalo. gue houses. State Department Takes Little Stock in Boycott Story From Canton, China.. Associated Press t» Tbe Ereilsc Tines. Washington, Jan. 3.—The state de partment officials are still without ad vices from consular or diplomatic of ficers in China concerning the mass meeting reported to have been held in Canton for the purpose of reviving a boycott on American goods,, but it was stated at the department today that this government feels sure the Chinese government will not lend its assistance to a revival of the Ameri can boycott. The state department does not believe that any movement not countenanced by the- Chinese gov ernment will have great success, and is disposed to take the position that whatever trouble there may be in the vicinity of Canton is purely local. HOPE FOR THE DESPONDENT. Don* Kill Yourself Till Yon Seo New Salvation Army Bureau. A"S meie1 Pre"" CaW* The Kv®n,»« London, Jan. 3.—General. William Booth, commander-in-chief of the Salvation Army, who starts in ary on a trip to Japan via the United States, has opened a bureau in the headquarters of the army in London,, with the avowed object of checking the spread of suicide. General Booth explains suicides gen erally might be dissuaded by a tittle sensible and sympathetic advice, and this the bureau will oifer without any inquiry concerning the applicant's an tecedents or circumstances, and at the same time their confidences will be rigidly respected and their secrets in violably preserved. HEARING POSTPONED. Jan. S Set for Hearing On Injunction Asked Against Great Northern. Aaaoelated Preaa te The Evening Times. St. Paul, Jan. 3.—The injunction hearing against the Great Northern railroad to show cause why the pro posed issue of stock should not be prevented, was today postponed in the Ramsey district court until January S, by consent of counsel. INTERNATIONAL WATERWAYS. Aasoclated Preaa to The Ennlic Tlmea. Toronto, Ont., Jan. 3.—The Inter national Waterways Commission, which held meetngs last fall in Buf falo, Chicago and other places, re sumed its sittings in this city today. The boundary question and the Chi cago drainage canal are the two principal subjects to be considered at the present meeting. THE EVENING TIMES Stands for North Dakota at all Timet and Under all Circumstances. EIGHT PAGES—PRICE FIVE CENTS, Birth Brandies of National Legislature Reconvene Af ter Brief Holiday. RMr IMPORTANT LAWS ARE TO BE C0NSI0ERE0 Wheels of Legislation Will1 Needs Work Rapidly to Complete Vast Amount of Work—Brownsville Epi sode Will: Probably lie One of First Matters Up for Investigation. A»s0eiate«.Preaa-4O'Tbe Hrenioc Tlmea. Washington, D. C.. Jan. 3.—Both houses of Congress re-assembied to day after the holiday recess. In view of the fact that but two months re main until the present Congress will expire by limitation it (s recognized on all sides that the wheels of legis lation will have to move rapidly if even those measures of an impera tive character are disposed of before the final adjournment The case of the dismissed negro soldiers of the 25th Infantry is expected to take up a- good deal of time during the next few days. Senator Foraker has ex pressed a determination to press his resolution for further investigation and President Roosevelt is ready with the additional testimony gathered by Assistant Attorney General Purdy at Brownsville. Friends of the discharg ed men of the 25th Infantry have ar ranged for a reception tonight to the several score of the negro soldiers who have gathered here to press their case before Congress. It Is announced that the discharge of tht negroes will b» fully discussed and that the record will be set forth of "the colored soldier in war and peace" from the first en listment of colored men In the military and naval service. MANITOBA LEGISLATURE. Assoolated Free* Tke Evening Tlmea. Winnipeg, Man., Jan. 3.—The legis lature of Manitoba convened today. The session is expected to be an in teresting one,, as many Important acts are to come up. It is the last session of the present legislature. Febru1 FFILLF GOLD Seattle Assay Office Received $23,346,938 in Gold During the Year. Associated Press to The Evening Tlmea. Seattle, Jan. 3.—According to the records of the United States assay of fice of this city, Alaska and Yukon have sent more gold to Seattle this year than in any year of their previous history. The output of gold closest approximating this record was that of 1900, which was $I,30S,142.45 less than that of the present year. Last year's receipts of gold were ?4,473,088.07 less than this year. A detailed statement of the gold receipts for this year to gether with the district from which the gold was shipped shows the fol lowing amounts: From Nome, $6,561,364.59 from Tnaana, $9,048,877,46 from the bal ance of Alaska, $530,750.42 a total for Alaska of $16,14l,492.4T. The grand total of gold receipts for the calendar year is $23,346,938.24. The total receipts of gold at the lo cal assay office since it was established in 1S96 are $139,353,686.31. THE WEATHER. North Dakota—Fair tonight, followed by snow In west por tion Friday. Warmer Friday and In west portion tonight. ENGLISH WARDENS COPY AFTER AMERICAN PLAN Aaaoclated Preaa Cakle to Tke tCvealaa Tlmea. London, Jan. 3.—In view of the prison reform movement now being agitated in both England and America a report just Issued by Sir Evelyn Ruggles-Brise, chairman of the Prison Commission, is of Interest. The re port deals with the success of the Borstal system for the reclamation of habitual criminals between the ages of 16 and 21 years. The system takes its name from Borstal prison, the first English institution in which It was introduced. But Sir Evelyn explains In his report that he first saw the system in operation in the state prison at Elmira, N. Y., and Jackson, Mich., during a tour he made to inspect the prison system in the United States. Upon his return to England he made an experiment at Bedford prison, and it was so successful that he extended it to Borstal. The essential feature of the system is the giving of credits for good conduct. A certain number results In the elevation of the prisoner to a class that carries with it certain privileges—an Iron bedstead, a Btrlp of carpet, a looking glass and other simple conveniences in the cell. Sir Evelyn concludes his report with the remarkable statement that so far the system has resulted in reclaiming 50 per cent of the cases in which it has been tried at Borstal.