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VOL. XXXII, NO. 98. PEABODY MEN IN MAJORITY COMMITTEE IS SELECTED TO CANVASS VOTE TWELVE ARE REPUBLICANS Trouble Is Started In Joint Session When Speaker Dlckson and Lieut. Oov. Haggott i Clash lty Aanoolntod I'i-!f«. DENVEU, Jan. 6.—Behind locked doors and amid scenes of gront con fusion and excitement, the Colorado legislature today passed a resolution creating a committee of fifteen mem bers to canvass the vote for governor at the In ft election and submit a re port to the leglßlnture not Inter than 2 o'clock <Vn the afternoon of next Monday. The committee Is composed of five senators and ten representa tives, .the political division being twelve Itepubllcuns nnd three Demo crats. I It organized this afternoon by the election of Senator Arthur Corn forth of Colorado Springs as chairman and will commence the hearing of evi dence tomorrow. . SJ The trouble began with the firs! session of the joint session and con tinued until Its close. It wus expected that there would be a contest over the respective rights of Speaker 1 j Dlckson and lieutenant Ctovernwr Jlßggott to preside over the joint session. The speaker 'based his opinion of his right to preside on a section' of th/ Btate constitution which, says the Hpeaker shall open und publish the election returns lir the 1 presence of a majority of both branches of the legislature. 1 .''Lieutenant. Governor Haggott con strued his light to direct the pro • ceedings on a Statute which declares ■that in conducting- any contested election- the general assembly shall convene In joint session und g that tha president of _ the senute shall presidi? unless he is the contestee. Legal advice was given to each gen tleman that his position was correct. Lieutenant Governor Haggott and his followers assert tonight that five of.the Republican senators who were in the joint session: today will remain away • tomorrow ; and prevent a quo .rum: ■.;?"' ■'" ■ ': -The , Wolcott Republicans,"* "whose leader Is Lieutenant [Governor Hag gott," have . demanded certain conces sions from'the Peabody people as ths price" of_ their assistance. These things are reported to be the privilege of naming the two new justices of thf> supreme court and getting one-half of the .gubernatorial patronage. The Peabody people are not willing to uight to agree to the request. Chaos Reigns at Meeting . -At 6 o'clock this morning the legisla ture went Into joint session. Confu sion at once ensued when Lieutenant Governor Huggott, the presiding- officer of the senate, took-his position beside Speaker Diekson to direct the joint session. Mr. Dlckson refused to'give way. "The clerk of the house will call the roll,"-said Speaker Dlckson with a thump of his gavel. "The clerk of the senate will call the roll of the senate," said" Lieutenant Governor Haggott. "Immediately the two clerks com menced to call the rolls amid great confusion. But few names had been called when Representative Frewen arose. ,: . "Mr. Frewen has the floor," shouted Lieutenant Governor Haggott, with a thump of Ills gavel. "Air. Frewen, you are out of order," shouted the speaker. "Mr. Frewen, you have the floor," repeated' Lieutenant Governor Haggott. fiangr! bang! went the two gavels. The two men stood side by side behind the speaker's desk, both refusing to give way. The confusion was so great that no voice could be heard, and al though Mr. Frewen continued to ad dress the assembly, his voice was not distinguishable. . A motion to adjourn was made and seconded. It came to a vote, the ayes and noes sounding In about equal vol ume. '/•'., "The ayes have it and the joint ses sion is dissolved," shouted Lieutenant Governor Haggott. •'The noes have it and the motion Is lost," shouted Speaker Dlckson. Whack! went the lieutenant gov ernor's gavel. '.'The assembly Is not dissolved," called the speaker. "I repeat that the session Is ended nnd the senutors will leuve the room," said the lieutenant governor,, and out Hied.the senators, headed by the lieu tenant governor, amid great confusion. Many of thelu did not leave the room] but stood behind the seats of the rep resentatives, watching the proceedings. Speaker Dlckson refused to recognize the passing of the senate, and declared that although the senate had left the room' the Joint session was still In progress. J JepivHi-iitalivfi Frewen raised re :otit«'il points of order to the effect that 10.Joint session was being held and vas promptly ruled out of order every line by the speaker, A roll call was Jnally obtained on tho point of order JiatUui Joint hvaslun wus in tluuliuuril uu I'mc ii>u.l < * : . ' * fsTTfc iA Artii*|-i— Hln\MM>liisii i ■ . . .- • * i - ' ..» ... : lls^Mli ■■■'■!■ in fin ■imiM*i*rti^illii^Tlsi i — lliiW— BnTWf^lT—M Ml PRESCOTT'S STAND MEETS CRITICISM HEARS FROM CONSTITUENTS IN SUPPORT OF FLINT LAWMAKERS TAKE VACATION Senatorial Aspirants and Most of the Legislators Qo to San Fran cisco to Remain Over . Sunday Special to The Herald. SACRAMENTO, Jan. 6.— lt's all up to "Boss" Herrln, and until «he speaks no orte will know the probable successor to Senator Thomas Hard. , Today near ly all the "senatorial nsplrnnts, politi cians and legislators wefit to Han Fran cisco to be absent until Sunday night or Monday morning. It Is understood that a number of them will hold n. conference -with Herrln, with a view of settling upon gome one candidate for the senate. It Is no secret that the so-culled "organization" Is Influencing legislation, especially so Id the matter of electing a -United States senator. : This Is evident from tho fact' that several assemblymen have, openly de clared their Intention of voting for Flint because he has secured them de sired positions on certain committees. "If an assmblyman wants anything he must go to Flint, for It," said a prominent legislator today. With the scene of the Btrugglc for the toga shifted to San Francisco there is but very little of interest In the local headquarters of the candi dutes. The general Impression prevails that none of the aspirants for the senator ial plum left with enough votes to guarantee an election. In J Senator Hard's headquarters it was stated that In all probability he would be in Sacramento before the vot ing of the seriatorship was fairly un der way. General Frank C. Prescott, the speaker of the assembly, Is still at work on his committee list, which he expects to be able to present to the I jgislature next Monday morning. . Speaker Prescott, by his declara tion that he will support Flint' for senator, has engendered much criti cism ' and it was reported today that numerous of his •, constituents have wired him expressions of their views In" no "uncertain j manner. ""But~Flint~te not the only "organization" candi date. There are others, among whom are classed i George Knight, Henry T. Oxnurd and Arthur Fisk. it is also said thalrAbe Ruef will come under the head of an "organization" man should he enter the senatorial fight. Senator Edward I. Wolfe, president pro tern, of the senate, takes a pe culiar view of the situation. He says he believes the fight is now between. Oxnard.and Fisk. He thinks Oxnard is the only southern cundldate upon whom the Bard and Flint men can agree, In the event of a deadlock. Knight, he figures, has not enough of a chance so that if the contest simmers down to a question of north and south, Oxnard and Fisk will be the only two logical candidates. The Flint and Bard people place , little stock in Senator Wolfe's. calculations. They are each confident that they will be successful after the first few ballots, and say If the senatorship is not won by either Flint or Bard it will go . to a "dark horse" candidate, whose name is not now considered seriously. Assemblyman E. R. Amerlge of Fullerton, who was a staunch sup porter of Senator Bard, announced tonight that he will endeavor to call a caucus of the Southern California legislators If it is found that the sen ator cannot be named on the first few ballots. "I am for a southern Benator first, last and all the time," said Mr. Amer lge, "and unless we succeed in electing one of our candidates in the first few ballots it is very probable that there will be strong pressure brought to bear to elect a northern candidate. We leg islators from the south must stand to gether and elect a, southern man." This is the first intimation of a cau cus call from the Bard camp and is ta ken to mean that the senator is stead ily gainhig strength. Some say, however, It Is an Indication that the Bard people realize they are up against it and are willing to center on Flint or Oxnard rather than lose the senatorship to the south. CONTINGENT EXPENSES Senators on Convening Vote to Allow Themselves $25 lty Assocluteil l'ri«n. SACItAMKNTO, Jan. 6.— The first thing the senutors did on convening this morning was to allow theinsclvos 125 each for contingent expenses. A resolution' was adopted ullowing Sergeant-at-arms Martin to receipt for the controller';) warrants paying the members of the senate and attaches. Hefore this action wus taken the reso lution wus withdrawn from committee and the legislators and employes will now be üble to receive their money to morrow morning Instead of having to wait until next week. The report of v special committee, coiiDlsllng of Senators lieluhuw, Wood- (Cvutluuvd uu I'uae Tuu.k LOS ANGELES HERALD SATURDAY MORNING, JANUARY 7, 1905. NOGI ACCEPTS STOESSEL'S GIFT PORT ARTHURS HERO EX TENDS COURTESIES ■ NAVY HOPES TO SAVE SHIPS Northern Armies Resume Active Cam. paign Along Shakhe River — Rus. slan Populace Openly Rebel Against Conscription Bpwlnl Cnblr> to Tlio Hrralil. TOKIO, Jan. 7.— A remarkable Inci dent occurred at tho little village of Shulshl, Jurt outside of Port Arthur, Thursday afternoon at tho conclusion of the interview between General Stoes sel nnd General Nogl. The two general)) met at the door of a cottage, exchanged- cordial greetings and held a long conference. When the two commanders emerged General Stoessel courteously begged 'to be allowed to present, to General Nogl his favorite Arabian charger. The Japanese commander thanked his temporary guest, but politely declined personal acceptance, pointing out that It came under the category of war ma terial to be surrendered, but he con sented to accept the animal in the name of the Japanese army. CHOOSE DEATH AT HOME Peasants Resolve to Resist Czar's Or- ders to Mobilize Speclal to The Herald. MOSCOW, Jan. 7.— The elders of the peasant community in the government ol Moscow have adopted a resolution declaring; that they will compel their sons to disobey mobilization orders, preferring that they be shot at home as itbels than to be uselessly slaughtered in Manchuria. There are almost daily reports o£ political assassinations in Warsaw, th? victims being policemen, Cossacks and spies. A proclamation has be\;n issued that' all persons who take any part In" street demonstrations against the- govern ment will be shot. EXAMINE SUNKEN WARSHIPS. Japanese Naval Officer Finds Diffi. culty in Procuring Information..; By Associated Press. ' " ;■; ■ "' ' ■• v ■'■#■£■' ■*> TOKlOrjanT itf±Dfyci\4h\ng fhTfon^ ditlon of the Russian warships at Port Arthur, a naval officer said: . . "General Nogl has just detailed the commander of the naval -landing party to examine, the Russian ships at Port Arthur and superintend the transfer of the naval munitions, etc. "At present there are only ten ser viceable vessels there and those were used by the Russians to regain' the shore after setting fire to' the war ships, sinking vessels and almost block- Ing the harbor mouth. "It is still unsafe to bring outside vessels through the mine fields and en trance obstructions. The lack of divers' appliances and small boats makes It impossible to" closely examine the water-tilled hulks." Japanese Remove Obstructions liy AsHoelntCid Press. AT PORT ARTHUR WITH THE THIRD JAPANESE ARMY, via Fu san, Jan. 6.— Only eighty Russian of ficers have accepted parole. All the regular Russian troops have marched out of Port Arthur and will leave for Port Dalny today. Japanese troops en tered the city yesterday to keep order. Non-combatants are allowed the option of remaining at Port Arthur. The Jupunese navy is removing mlneß and the Japanese hulks at the harbor mouth. All^ the forts have been taken uver by the Japanese. May Save Some Ships B}' Associated Press. , TOKIQ, Jan. 0, noon. — The Uusslaii battleships at l'ort Arthur have not yet undergone official inspection by. the Jupunese. From a view of portions of the warships which at the last mo ment were destroyed by the itusstaus, It seems evident that there were no in terior explosions and it is hoped by the Japanese that the damage can be re paired. The docks are partially de stroyed and the dock gates have been damaged. The great crane Is still In tact and serviceable. OYAMA BREAKS THE NEWS Notifies Russian Commander of Port Arthur's Capitulation Uy At-eociutel I'icbs, IJKUUN, Jan. C— The I.okal Anael ger's .Mukden correspondent, hi a dis patch dated January C, says: Field .Marshal Oyuuia hus sent a letter to General KuropatUn communicating the news of the cupltulatlon of l'ort Ar thur and praising the bravery of the defenders. The effect of* the news wus especially confounding, last reports Indicating a long resistance! It Is believed It will Immediately affect the situation on the Kliaklie river. . Continued intense cun uonadiiig has been heard since dawn near Ulnchlnpu and Khakhe. Russian* Resume Fighting liy Aw,d:iir,| I'luaa. GBNISUAb OKU'fl HHADQUAU- TlOltH, Jan. 6. via KiiHiui. — During the last three days the Kuksluu bouiburd- 41 ...>ll> I on IWfl Two.) GEN. STOESSEL, VANQUISHED HERO OF STRUGGLE FOR THE POSSESSION OF PORT ARTHUR FIRE IS RAGING BENEATH GROUND MYSTERIOUS SUBTERRANEAN • BLAZE IN KENTUCKY Strange Combustion in Fleming Coin. ty Under Earth's Surface Fright, ens Residents, Who Are .' Preparing to Flee . Special to The Herald. OWINGSVILLE, Ky. p Jan. 6.— A tel ephone message from Plummer'a Land ing, Fleming county, states that the people In that section are panic Htrlek en because of the mysterious subter runean tires on J. T. McGregor's farm and ure preparing to move, away. The lire is burning under an urea of 200 Bquure yards and the ground for that spare has sunk beneath Its natural lev el iilituil v foot. •■ ' ■ ■ A . dense smoke' or vapor Is rising all the time and ' has the odor of burning: coal. The ground that has sunk Is so hot that one can only stand on It a few minutes. A party of Virginians visited the sec tion und stated that they believed the tire was caused by a burning coal vein far below the earth's surface. Others believe" thut It is v burning lake of oil. DECIDES THAT CANCER IS NOT CONTAGIOUS Such Is Finding of Harvard Medical Commisjson After Two Years' Btudy Uy AfMH-laUd Fr.it. UOSTON. Jun. «.— The Harvard Med ical commission, which for- the past "two years has been making: a Btudy of cancer, will declare thft initially to bis non-conlaglous. The commission will Qnd: First— Cancer Is ■ not Infectious. Second— lt Is a hereditary affliction. Third— lts cause is ua mysterious ail that of human life. Fourth— Th» remedies ttio either a knife or a serum. Dr. K. 11. Nichols is ut the head of the commission, which wav made pos tible by a bequest from Mrs. Caroline 1). CroCtb, who gave the Harvard Medi cal school $100,000, tlui interest of which Is to be spent on original medical re search, v ' '.'/\, ACCUSED OF EMBEZZLEMENT Warrant Out • for Arrest of Interna- tional - Credit Co. 'S' Manager By Associated Press. ; SAN JOSE,' Jan. .6.— A- warrant was today sworn out by Joseph A.' Cottle of this city,. charging O.:'J."Watkln»,;man ager of tho Ban Jose Mercantile com pany, a .weekly- investment concern, with offices in San Jose, San Francisco and Oakland, with embezzlement. The warrant . alleges .that . Watkins collected, considerable money from con tract holders and up to date had paid but, ten contracts. • Watkins is also the manager of the International ..Credit company of tics Angeles.' v/v'-':. CRUM WILL BE COLLECTOR Negro's Appointment to the Port of ; Charleston Confirmed By AKsoolatP'l Press. WASHINGTON, Jan. 6.— The nomi nation of W. D. Criim, a negro, to be collector of customs for the port of Charleston, S. C, was confirmed by the senate in executive session, today by v vote of 33 to 17. Crtnn had been nomi nated by the president three times and hail received three recess appointments. | .When Crum receives his commission hr will be] entitled to. receive the sal ary which has accumulated since his first appointment. Overdue Steamer , Athos Arrives liy AMwclnteil II J ru»». BALTIMORE, Md., Jan." 6.— The ugents o; the Di Gorgla Steamship company In this city received a cable gram today announcing the arrival of the steamship Athos at Colon. The ship had been reported overdue. The Athos had on board a number of pus ttrngers from various parts of ■ the United States, including American del t'Kuteg to the Pan-American Medical congress,- which was arrunged to begin its sessions at Panama on or about January 3. Tolstoi's Son Warns Britain 111 Aiu'cii-luli'il !'li'»s. I HT. PETERSBURG, Jun. 6.— Count Tolstoi's son Leo, in an article upon (ireut Britain's constant desire U» em barrass KuHHlii, declares Great Brltuln is preparing her own grave and hasten ing h*r own end If sho forsees war with ltusslu, "as France, Germany and Italy are bound i<> realize; that their interests lie with Russia's." British Bark Brierholme Lost HOUAUT, Tasmania, Jan. B.— Cargo which has been washed ashore at Southwest Cape has been recogulged aa belonging to the IJritUh bark Brier holuif, Capt. ltlch, which sailed from London July 21 for Hoburt, and it is believed that the vtmil und her crew have been lost, < PRICE: DAILY. BY CARRIER. 65 CTS. PER MONTH. COURT REFUSES TO WAIT FOR BRYAN JUDGE NAMES DATE FOR WILL 3 CONTEST r; .Counsel for Heirs Objects to Delay. : ing Case While the Nebraskan Shoots Ducks and Makes . . .. Speeches , By ; Associated ■ Press. NEW HAVEN, Conn., Jan. G.— The trial of the suit of W. J. Bryan, exec utor of the will of Phllo S. Bennett, against Delia- Bigelow 'and other heirs, was set for* next Tuesday In the superior court by Judge Robinson today, -in spite of. a protest by Henry G. Newton, counsel for Mr. Bryan This suit has for its object the con struction of the will.' I Tho case wus in court today on ar guments on the admlssabllity of cer tain testimony. ' A telegram from Mr. Bryan, which was read in court, said he would at tend the Inauguration of Governor Folk of Missouri next Wednesday and would be at the Jackson dlnnei at Lafayette, Ind., ■ on Tuesday, and could reach New Haven on Thurs day. ■ Judge Stoddurd, counsel for the heirs, told the court that he did not think- the case should be deluyed while "Mr. Bryun is In the middle west shoot ing ducks -or making speeches, or both." -:-; V&A' Mr. Stoddard said that Mr. Bryan hud brought the -suit for construction orthhe will and at the same time, was attempting to assert a right as an lr> dividual und trustee und a defendant (Mr. Bryun ulso belnu named as an heir in the will). J Mr. Newton wanted v, further delay In the case, but the court assigned tho case for Tuesday, when the matter of admitting evidence relating to the fam ous "sealed letter" will come up, und Mr. Bryan will be present on Friday to give evidence. Beet Bounty Law Unconstitutional By Aiioclated vtvm. LINCOLN, Neb., Jan. 6.— The su preme court of Nebraska has declared unconstitutional the sugar beet bounty law enacted by the legislature of lxsis. The law provided a bounty on sugar manufactured from Nebraska-grown beets, " NO MORE GAS FOR PEOPLE OF SIXTH COMPANY REFUSES TO EXTEND ITS MAINS . AGENT NOTIFIES APPLICANTS Attitude of Councilman In Favoring Regulation of Business Caus^ . of Corporation's Action "No more gas mains for the Sixth ward until the councllmen promise to be good," would be a literal Interpre tation of the action which the resi dents of Kant Thirty-sixth street say the Los Angeles Lighting company has taken. J. C. Bookman, who lives at 1208 East Thirty-sixth street, says the gas com pany has assured him that no more gas mains will be laid In that locality until certain councllmen ceaso their "attacks" upon the company. There is a considerable district in that part of the Sixth ward that Is not supplied with gas. This condition ap-, piles to all the territory bounded by the tracks of the Southern Pacific rail road, Kast Thirty-sixth street and Na omi street. No More Gas Mr. Brookman said last night that a representative of the gas company called upon all the people In the block a few days ago and said that any fur ther applications for extensions of the system are useless e» long as the coun cllmen manifest a disposition to inter fere with the affairs of the company.'- It seems that the people along Thir ty-sixth street below Central avenue had been promised gas In their houses after the beginning of the new 'year. The gas was not* put in and the people renewed their application, .receiving th-> reply aa stated. It is understood that the gas com-? pany objects to the action of those'; councilman who voted in favor of the passage of the gas ordinance recom-i mended by The Herald. Some of these '- members of the old council are also : members ■of the new body ■ and .they, have said that they Intend to call|tha| ordinance up from the file where It was. placed by the old council and place it ugaln upon its passage.' ■' ' ' Fight for Rights The effect of the action 1 of -the gas coTipany has been to cause the people of the Sixth ward to be more ; de termined than ever to secure legisla tion that will secure them their rights. It is probable that a strong delegation will appear before the council ' at • next meeting and ask that the council! call the ordinance up from the file and'; place it upon, its final passage under! suspension of the rules. If the ordinance is passed by f; the council it will be signed by Mayor Mc- Aleer, as he was one of the old council men who voted in 'favor of its pas sage and he has recommended the same line of action in his first message to the council. . To Deepen Mare Island Channel By Associated Press. SAN FRANCISCO, Jan. 6.— Now that the contract for the great drydock at Mare island has been let, the gov ernment is giving its attention to the maintaining of deep water in the chan nel which runs between Mare island and Vallejo. In order that there be a permanent deep waterway It has, been decided to construct two bulkhead 3 about 2000 feet long in each side of the channel to prevent the mud from crowding into the channel and that the tide will keep a certain depth of water at all times. THE DAFS NEWS FORECAST Southern California: Cloud/, un settled weather Saturday; fresh south wind. Maximum temperature in Los Angeles yesterday, 71 de grees; minimum, fc4. I—Peabody1 — Peabody men In majority. 2 — Contests statehood bill. 3 — Makes plea for harmony. 4 Southern California news. s— Tells of cock pit raid. 6— Editorial. 7 — Franklin predicts rain. 8.9 — Classified advertisements. 10 — Sports. 11— Markets. 12 — Wealthy couple would separata > . r EASTERN S.-miltT Hiird MifiikM lit opposition t(I Mliltt'limul bill. Nan l'ttttiTnon, fulling to necui'o releasa mi bull, e nut (uK »c«no 111 in 1 Urn. Subpoena (or weulthy woman clears Morvu-Uodica mystery. FOREIGN ltimHluu peusuntH rut-tat conscription, Kay' liik they prefer to bu shot Uun-n ut their Naval officer deacrlbra awful effect of ulu-lln from Japiinuiiu HleßO KUii»- Klchurd Croker iu.troublu with English racing uuUiorltien. -■ - COAST den.' lTibcott crltlulied for hU action In •upportlnir Kllnt. *f*SI Colorado legtiilature oreattn committee of Uutharn "ilifornla l»»UUtor» ■ will en doavor to vecura wnatui'lal toga tor ' «tuutn by concerted action. LOCAL . Forecaster Fraukltn «ay« rain may fall g ite»tdent« of Kast Tbirty-ilith ntr»et BOtJv fled tliat ua Kan mains will bo extruded !■ the BUth word. , ■;' •* Temple auditorium cniwMered , a flretratf fcv mooy. ftluw(«r i»y» vlaee U mte.