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80 PAGES VOL. xxxni. PRICE: -50 CENTS BY carrikb NUMBEKIS llvlUJi<. i>U L/Ulll±» IKK MONTII OIL MEN EXPLAIN TO PIERCE FAULT IN LOCATION LAW First Assistant Secretary of Inte rior Hears the Arguments of Prominent Operators DEVELOPMENT DELAY FEARED Official Will Examine Facts in Yard Decision and Visit California Fields It was the consensus of opinion of those who appeared before Frank Pierce, first assistant secretary of the interior, yesterday at a hearing of the oil men that the Yard decision, which am nng other things holds that one locator can claim only twenty acres iiiifi cannot dispose of It to another for development is by far too stringent, .mil that immediate legiKlation should ho enacted to reverse this decision, or at least modify it. The Yard case, as explained at the meeting, sustains the old placer law under which all the claims are located, but, following in the wake of present land law reform, goes further and holds that a full claim of 160 acres held by eight persons, or a claim of twenty acres if taken up by cne per son, is all that one party of locators can legally retain. As thousands of locations have been made under the placer mining law by only a few persons, either acting singly or collectively. In the California oil fields In the past, it was the sense of the majority of the oil men present nt the meeting that such a condition should continue, for, as they «aid. twenty acres in most canes is not enough to warrant an individual in expending from {35,000 to $50,000 to put down a well. On the other hand, concerning that part of the r.'ilng which requires that the original locator be not permitted to Bell or transfer his holding, the ma jority of the oil men argued that it would be Impossible for development of government land to proceed. OPPORTUNITY FOR LOCATORS The point they made was that in ninety-nine cases out of every hundred the locator is too poor to develop the land he has located, and for that rea son is compelled to turn It over on a royalty, or by sale or lease to another, or to organize a company for the de velopment of the land, which, the oil men say, has proved the best form of development and operation of an oil property- Tlnre were present at the meeting, both at the morning and afternoon ses sions, about 150 oil men, and upward of thirty were heard by Judge Pierce. There will be another hearing at'lo o'clock tomorrow morning, at which the legal side of the Yard case will be discussed by prominent attorneys, in cluding Judge Linley of San Fran cisco and Judge Frank H. Short of Fresno. The list of local attorneys has not been made up, but the discussion will be open to all lawyers familiar with the Yard decision and conditions in California as affected by this and other recent rulings of the interior department. Judge Pierce, at the opening of the meeting, said that during the summer and spring of this year the department was besieged with correspondence from California oil men, and that it was deemed advisable to send a represen tative of the interior department here to have a series of talks and ascertain first hand Just what they wished in the way of law. He said the depart ment wished especially to find out if the Yard decision was too stringent, and if so, to get from the ol! men themselves their ideas as to the remedy. YARD DECISION OPPONENTS Calvert Wilson, president of the Los Angeles chamber of mines and oil, pre sided at the meeting. Those who spoke In opposition to the Yard decision were Charles P. Fox, representing the Cali fornia Oil Men's association: J. A. Waltman of Bakersfleld, U. S. G. Todd, Los Angeles; T. W. Wampler, J. E. Lelderman, San Francisco; E. M. Sher idan, Taft; G. S. Johnson, San Fran cisco; Calvert Wilson, R. W. Dallas, Coallnga; F. J. Walker, Devils Den; F. J. Bristol, Los Angeles; C. W. West, Los Angeles; M. H. Mosier, Los An geles; E. L. Tolln, Los Angeles; W. E. Savage, Los Angeles, and Thomas A. O'Donnell of Los Angeles. The sole defender of the Yard decis ion in so far as it touched upon the leasing system advanced by Taft and others was S. C. Graham of Los Ange las. Mr. Graham represented the Oil Conservation association. While conservation was out of order at this meeting, it cropped out upon several occasions. Judge Pierce referred several times to Taft's Minnesota speech, recently delivered, saying he was governed by what was said then when the president declared In favor of the policy of leasing government lands chat contain coal, phosphate, oil and gas. But as that is a matter for con gress, and does not concern the interior department, Judge Pierce Insisted on having the argument confined to the Yard decision and other rulings of the interior department. The Yard case was practically the only one touched upon at yesterday's meeting. Judge Pierce sprung a sur prise by saying he wrote the decision himself, but he added that if found too stringent the oil men themselves should suggest the remedy. PIKRCE TO VISIT FJBI/US Judge Plerce's most important hear ing will bo tomorrow, when the legal aide of tho Yard decision and others will be argued. He will leave Thursday fur the oil ilelds of the San Joaquln valley (the, disputed ground), as the Kue«t of tho California OH Men's asso ciation, and the boards of trade wher ever he stops. As outlined, he will stop at Bakerefleld, C'oalinga, Taft and oth er west side towns. In this way he will have both the opportunity of visiting the fields and seeing for himself condi tions as they exist, and also got in touch with alt the oil men of the state jihd learn their individual opinions. The meeting Monday will be In Sym phony hall und is called for 10 o'clock sharp. LOS ANGELES HERALD INDEX OF HERALD'S NEWS TODAY FORECAST For 1.41* Angeles and vicinity: Clearing Sunday i light north wind, changing to south. Maximum temperature yesterday, 67 degree**; minimum temperature, 51 degrees. LOS ANGELES - Competition At Motordrome aviation meet 'between San Dlexo and Lo» An- Enlos to be keen. Section 2. PAGE 3 Two Chinese are victims of highway man. Section 2, PACK 3 California oil operator! ' argue before Frank Pierce of Interior department on defect! In present laws. Section 1, PAGE) 1 Report 900 Time* benefit seats remain unsold. \'. ' • Section 1, I'AOB 7 State superintendent of banks says he closed All Day and Night Institution because capital stock Is impaired. As sets ample to pay all depositors. Section 1, PAGE} 7 Secretary of Nary Meyer will visit har bor defense at San Pedro. Section 1. PAGE} 7 Frederick* denies Woolwlne charge! In speech at Simpson auditorium. Section 1, PAGE! 6 New postofflce building Is formally opened. Section 1. PAGE 5 Prominent Australians arrive to Inves tigate Irrigation methods and secure farmers- fo, Victoria lands^ A . The United State* ranks the world In government credit. Section 2,»PAUB 4 Civil service bureau examines 112 appli cants for police stars. Section '3, PAUB 4 Woman speaker attacks votes for women movement In address before City club. Section 1. FAUHJ 8 Fall down flight of stairs causes death »' Mrs. Mary Dor Hey nice, a prominent • Angeleno. Section 1. PAGE » Theaters and dramatic. Section 2, PAGE 11 Fraternal and secret orders. Section 1. PAGE 9 Editorial and Letter Box. Section 2, PAGE 6 Politics. Section 2, PAGE 7 News of the court*. Section 2, PACK » Municipal affairs. ... Section 3, PAGE 4 Society and clubs. Section 2, PAGES 1-3 Musical. - Section 2, PAGE 3 Sports. Section 2, PAGES 8-10 Automobile™. Section 4,' PAGES 1-8, and Section 2, 9-W Real estate. Section 3, PAGES 1-8 Building permit*. Section 3, PAGE 3 Mining and oil fields. Section 2, PAGE 6 Market* and financial. Section 1, PAGE 11 Shipping. , Seotlon 1, PAGE 11 Personals. Bectlon 1, PAGE 8 Classified advertising. Section 6. PAGES 1-8 SOUTH CALIFORNIA 16-year-old Santa Monica girl I* re ported missing. Section 1, PAGE! 10 Pasadena board of trade plans bond election to build convention hall and purchase playground site. •*:•. ■ _ ' ," Bectlon 1. PAGE 10 Cult <of "Regeneratlonlsts" .traveling aero** Southern California to take up ...imp,. Ufa" ln M«' cUonli PAaB 10 Section 1. PAGE 10 Judges unable to decide winner* In - Long Beach lawn eont^ y pAQE) „ COAST Judge Issues order * against Seattle mayor and city officials . protecting restricted . district*. - • ' * - Section 1. PAGE 3 Theodore Bell Is greeted with enthusiasm j5 by great crowds during whirlwind tour • of northern counties. Section 1, FAGB I Spokane men Indicted for coal land fraud* deny making entries for Guggenheim* • Section 1, PAGE • Delegates to Arizona constitutional con vention seem agreed to draft document similar to that of Oregon. Section 1. PAUK * Karl Brehme, said. to be Paßadena at torney, forced to pay bill of ■ft™ 8" and leave San Mateo. Section 1, PAGE 6 Open V. B. Grant San^ Dieg^ . EASTERN » . American Steel and Iron „ institute con- • v*ne» In New York. Section 1. PAGE) 3 Senator Dolllver of lowa dies while phy sician Is making examination of _ his heart Section 1, PAGE 1 Massachusetts state secretary rejects man named for lieutenant governor .by con vention committee. Section 1, PAGE 2 Stanley Ketchel, ' middleweight champion pugilist, assassinated by farm hand on < • Missouri ranch. , Section 1, PAGE 1 Walter Wellmim and five companions start in airship on flight across Atlantic ocean. , Section 1, PAGE 1 Washington officials discover amazing frauds were perpetrated in census work In northwest cities. Bectlon 1, PAGE 1 Mrs. Virginia Harned Sothorn is granted divorce^ Section l, PAGE 1 —-- - -"' ' ' " ■- - I 1 ■* DYNAMITE IS EXPLODED UNDER JAPANESE LOGGERS OLYMPIA, Wash., Oct. 15.—A charge of dynamite was exploded last night under a bunk house at Gate, Thurston county, in which fourteen Japanese loggers were sleeping. Although part of the house was destroyed, dishes were broken and several Japanese were thrown out of bed, no one was seriously Injured. The Japanese were employed by the Gate City Lumber company, which had refused to discharge them at the demand of white laborers. The sher iff of the county and the Japanese consul at Seattle have been notified. SEISMIC SHOCK FELT FROM GREAT DISTANCE SANTA CLARA, Oct. 15—A gigan tic seismic disturbance which began at 6:03 this morning and lasted until 7 o'clock tonight was recorded at the Santa Clara college observatoi-y today. The preliminary tremors began Just after 6 and the main shock occurred at 12:44 p. m. The general direction of the seismic waves was from the south east. The scientists at the college state that it would be difficult to fix the distance of the disturbance from this point, beyond stating that It is great. UNION PRESSMEN ON 3 DENVER PAPERS STRIKE DENVER, Oct. 15.—Union pressmen on all three Denver Sunday papers Btruok late tonight. The paper* are being printed, In somewhat, reduced size, on hand presses or by other available means. SUNDAY MORNING, OCTOKKR. 10, 1910.' SENATOR DOLLIVER, INSURGENT CHIEF, DIES SUDDENLY Great lowan, Apparently Recov ering from Illness, Expires as Doctor Examines Heart DEATH STOPS CONVERSATION Physician Counting Beats of Vital Organ Feels Them Sud denly Stop TAsaoclated Press] FORT DODGE, lowa, Oct. 15.—Sen ator Jonathan P. Dolllver died at his residence here at 7:30 tonight while a physician, Dr. E. M. Van Patten, was examining hia heart with a stetho scope. His death followed an acute attack of stomach trouble which affected his heart. His physicians announced to night that his death was directly due to dilation of the heart. Senator Dolliver had so far recov ered his strength as to be able to walk nbout his lawn. Ho had been up all day and tonight entered his sitting room for the daily consultation with his physician. The senator informed Dr. Van Patten that he was feeling much improved, and that he believed he had about re covered his normal strength. Dr. Van Patten cautioned him about becoming anxious to resume his work, and then began the examination of the heart while the senator was seated in a large Morris chair. While making the examination the physician kept up a conversation with the senator, and asked him how he was feeling. "I am really feeling better than at afly time since my sickness," he said, "but I suppose the wolves will be set howling about my successor," and the senator laughed. COUNTS HEART BEATS The physician continued his work, counting the beats of the senator's heart out loud. He was frequently in terrupted by Senator Dolliver with the declaration that he was unable to hear his own heart, When the physician had counted fourteen beats he Informed the sen ator. "Thafa good," replied Mr. IJolllver, "the most I have been able to count was seven." The physician continued the exam ination and suddenly noticed the heart beats had ceased. He shook his steth oscope, believing It was defective in some way. Again applying his instru ment he discovered that the heart had ceased beating entirely. Upon looking Into the senator's face he discovered that death had over taken him. He had died without a struggle and without pain. No one but the physician was in the room at the time. It was learned tonight that a con sultation of physicians was held a week ago and that they had discov ered that the senator was in a dan gerous condition. HAD BROKEN DOWN Dr. A. H. McCreight said tonight It was the opinion of the- physicians at . the consultation that the senator might prolong his life by relinquishing his work, but that he had entirely broken down. Mrs. Dolliver was not aware of the senator's serious condition. She said tonight that Mr. polllver, while in Washington, had studied tariff sched ules constantly, taking little time to eat or sleep. Senator Dolliver during the last week had suffered intensely with his heart and breathed with difficulty. Miss Gay Dolliver, sister of the sen ator, dean of women at Morningside college, Sioux City, and Rev. H. Dolli ver of Redfleld, S. D., a brother, have been notified of the demise. Senator Dolliver's illness dates back over a year and a half. Before going to Washington for the last session of congress he had been slightly ill. SUFFERED GENERAL COLLAPSE Last spring he had trouble with his eyes and submitted to an operation. A few weeks later word was received in Port Dodge that he was confined to his bed on account of illness, and it was given out here by his intimate friends that he was threatened with general collaps*.. At the close of congress Senator Dol liver announced he would go to New Mexico to recuperate. He spent a few weeks there and returned to lowa. He announced before the Republican state convention in lowa that his rest had. restored him completely. At the beginning of the campaign in Wisconsin Senator Dolliver announced his intention of entering that state to assist Senator LaFollette. In the meantime he had gone into Ohio and Indiana to Investigate some records relative to the international rubber trust. He worked hard gathering his data, and this added work seemed to affect his health. While campaign ing in Wisconsin Senator Dollivor be came sick and returned to his home here. His illness was not regarded as se rious, however. About two weeks ago he went to Jewel Junction, lowa, on business and while there he con tracted a heavy cold. It was feared for a time that he had pneumonia. He was unable to shake off his Illness and a week ago, on the advice of his physicians, he took to his bed. MIDDIES ARE PUNISHED FOR HAZING AT ANNAPOLIS ANNAPOL.IS, Md., Oct. 15.—Super intendent Bowyer of the naval acad emy announced today the punishment Imposed on Midshipmen J. W. Ander son, Howard Bode, Jenifer Qarnett and William H. O'Brien for hazing. AH of the youths, who were mem bers of the senior class, are given 10Q demerits and Andernon and tiarnett, who were officers of the brigade, are given twenty-five extra marks and re duced In rank for neglect of duty. SEN. J. P. DOLLIVER OF IOWA DIES AFTER BEING ILL ONE WEEK 5 KETCHEL FAMOUS PUGILIST, SLAIN Middleweight Champion Shot by Farmhand—Bloodhounds Pursue Assassin [Associated Press] SPRINGFIELD, Mo., Oct. 15.—Stan ley Ketchel, middleweight champion pugilist, the victor in many fistic bat tles, was shot and fatally wounded early today. The shooting took place on the ranch of R. P. Diekerson, a friend of Ketchel, near Conway, forty miles east of here. Ketchel died in the Springfield hos pital, to which he had been rushed from Conway on a special train, char tered by Dickerson. Three physicians were on the special. An operation was performed at the ranch house in an unsuccessful at tempt to locate the bullet. A report from Conway has it that a 22-callber rifle bullet, the pattern which inflicted Ketchel's wound, was found on the floor of the room in which the shoot ing took place. It is thought this may be the bullet that killed Ketchel. Out in the heavily wooded hills west of here Hurtz, Ketchel's slayer, heav ily armed, is fleeing before a pack of bloodhounds and a posse of officers and citizens. Dickerson has placed a price of $5000 on the dead body of Hurtz. The members of the posse are armed with repeating rifles. Hurtz is be lieved to be a desperate man and will be fired upon at sight. After shooting Ketchel, who was at the breakfast table, Hurtz rushed from the house into the yard. He then fal tered a moment, turned and went back into the room where Ketchel lay upon the floor. Reaching into Ketchel's pocket Hurtz removed the pugilist's revolver and struck him over the head with it. Then he ran from the house. "Ketchel can't tell me how to run my business," he shouted to C. E. Bailey, foreman of the ranch. WOMAN FIGURES IN CASE Investigation of Hurtz' belongings has led officers to believe his Veal name is Walter Dipley and that he is from Webb City. Mo. He had been at the Dickerson ranch since last Wednes day. Few knew anything about him. The trouble between Ketchel and Hurtz Is said to have started w,hen the pugilist upbraided the ranch hand for beating a horse. This angered Hurtz. The incident took place yesterday. Ketchel had come down to the ranch, which adjoins one he recently pur chased, to spend a few days. Mrs. Goldie Smith, a friend of Hurtz, tonight assigned another cause for the shooting. "While I was working in the house yesterday," she said, "Ketchel insulted me. I became angry. He was greatly wrought up over the incident and pleaded with me not to say anything to Hurtz about our conversation. He said he would give me the best team of horses on the farm if I would keep quiet. I made him no promise. "When Hurtz came home I told him what Ketchel had said to me. He whs very angry. I think that is what caused Ketchel to be shot." Officers believe Mrs. Smith's story, though they think this was not the only reason for harsh feeling between the men. After telling her story, Mrs. Smith admitted that Hurtz had promised to meet her tonight. She took several policemen and county officials to the appointed meeting place to await the arrival of the slayer. -.1 w\ AT BREAKFAST It was Ketchel's custom while stay ing at the ranch house to sit at meals with his face toward a door leading into thn house, the dining room being built in an old porch. This morning his place at the table was changed (some say by Mrs. Smith), and the pugilist was seated with his back to the door. Suddenly Hurtz came through tho door with a rifle in his hand, and said to Ketchel: "Throw up your hands!" Ketchel, not realizing the seriousness of the situation, smiled and started to arise and walk toward Hurtz. Before he turned completely around Hurtz fired. The bullet entered Ketohel's body below the right shoulder, coursed upward and entered the lung. Ketchel fell to the floor. Nearest physicians were at Conway, and it was forty-five minutest before one arrived. Soon after the shooting Ketch.pl lost consciousness, but not before lie said that Hurtz had shot him. For more than a month Ketrhi-I liarl been in this part of the country. Weakened by the fast life he had led (Continued on I'»g« Four) FEDERAL AGENTS PROBE STARTLING FRAUD IN CENSUS Cities in Northwest Charged with Having Grossly Misrepre sented Population TAFT ADVISES INDICTMENTS Portland Seattle, Tacoma, Boise Involved as Result of Inves tigation by Government (Associated Fresi> WASHINGTON, Oct. 15.—Staggered by the enormous' growth shown by the returns of the new census for a num ber of western cities, Director Durand of the census bureau ordered an in vestigation, the result of which ap peared in the announcement tonight that gross frauds had been perpetrated. Mr. Durand gave out also a letter from President Taft, directing that persons Implicated in the alleged frauds be prosecuted. Cities mentioned specifically as being affected by the frauds are Tacoma, Seattle and Aberdeen, Wash.; Port land, Ore.; Minneapolis, Minn.; Boise, Idaho, and £ort Smith, Ark., but it is said there are. many others. , WIDE DIFFERENCE AT TACOMA The result of a second enumeration of Tacoma was announced today. The city shows a population of 82,972, an increase of 45,258, or 120 per cent over 1900. The first figures turned In for Tacoma were 116,248. In other words the actual population was padded to the extent of 33,296, which would have meant a further ad dition of 40 per cent. These additions were made in thirty-four out of the seventy-three enumeration districts in Tacoma. In some of these districts the number reported proved to be several times greater than the actual popula tion. In ten districts enumerated the fig ures of the census showed 29,753 names, whereas the correct number was found to be 11,646. President Taft, when informed of the padding, ■wrote to Secretary Nagel of the department of commerce and labor as follows: - ■ '.. , , - , ■ PRESIDENT TACT'S LETTER "Beverly, Mass., Oct. 11, 1910. "I have read Director Durand's let ter, and agree -with him that It ought to be published. The cases of all those who appear to have violated the , law should be Investigated by the grand jury, and if sufficient evidence Is found to justify it, they should bo indicted and prosecuted at once. Nothing will so conduce to securing a proper census us the prosecution of those who attempt a fraud upon the law. ■ • - , "I am "led ■■ to believe that the present census has been much freer- from at tempted frauds than any previous cen sus, but the Instances cited by Mr. Du rand are sufficient to require the utmost vigilance to bring those who have vio lated the law to justice and proper punishment. Yours sincerely, . "WILLIAM H. TAFT." The letter of Director Durand, also addressed to Secretary Nagel, sets forth that attempted padding of the census was brought about mainly through the use of slips printed by private indi viduals and containing the census ques tions. These were distributed very generally, on street corners and else where, and were filled out by thousands of people who either had been already enumerated or were not permanent res idents of the city and not entitled to enumeration there. It is possible that in some cases the names were fictitious. These lists were turned over by the private individuals who collected them, through a special agent of the census bureau named Corwin, to thirty-four of the enumerators, and they, under the instructions .. of , Corwin, added the names to the enumeration by assigning them as "boarders" or "lodgers" to va rious houses in their districts. . PADDING OASES DISCOVERED I The director declares that more or less extensive attempts at padding the census have been discovered in the other cities mentioned and that inves tigations are in progress with refer ence to a number of other cities. Director Durand says the suspicions of Chief Statistician William Hunt and Chief of Division W. H. Jarvls of the population division with regard to the census of Tacoma were aroused when on careful examination of the sched ules it was found there was an ab surdly large number of families re porting "roomers" and "lodgers." . William A. McKenzie, a bureau ex pert, was sent by Director Durand to Tacoma, and made a thorough inves tigation. In the ten districts men tioned a complete re-enumeration was made, while In twenty-four other sus picious districts the head of each house was visited and investigated. Many names had been assigned to vacant lots. '. The director says it is not yet known whether any individuals or group of Individuals were responsible for the false enumeration in Tacoma. The claim is made that the names were given to the enumerators with the avowed purpose of ascertaining whether they had been listed. • Instead of using the names for this purpose the enumerators added them without making any investigation. In excuse for this course they say they were acting under directions of Stacey M. Corwin, .one of the special agents of the census bureau at Ta coma. He distributed large bunches of the slips among the enumerators, stating, Mr. Durand alleges, that the names were those of bona fide resi dent* who should be registered. Mr. Durand declares Corwin went so far as to say the names must be count ed even- though their owners were as signed to vacant lots. Commenting upon this phase of the proceeding, Mr. Durand says: I i "Even though it is possible . that every enumerator who Improperly added names to his schedules did so under' the instructions of Special Agent Corwin. nevertheless these enu merators were not only • technically guilty of a misdemeanor under section 22 of the census act, but they are also morally guilty, and possibly responsible for what they did." , DTVriTTI {"'fiiyTf^i^. • DAILY 2c. ON TRAINS Bb. SLNGLIiii tUr . SUNDAYS 50. ON TRAINS Iff* E. H. SOTHERN, AND WIFE WHO SECURES DIVORCE FROM HIM p^3^ I^i;v^^^HHw»s; - £ IBs VIRGINIA HARNED GRANTED DIRGE Mrs. Sothern Gets Decree on the Charges of Desertion and Non-Support [Associated Press] RENO, Oct. 15.—Virginia Harned Sothern, the actress, was granted a decree of divorce today from Edward H. Sothern, the actor, in the district court here. Desertion and non-support were the allegations. There was no contest on the part ofi Sothern and the hearing consumed little time. Mrs. Sothern said her husband de serted her in June, 1906, in New York city. At that time he told her that ho intende* to devote the rest of his life to his profession; that he did not want any criticism, and therefore he in tended to leave her. Since that time Mrs. Sothern said her husband had re fused to live with her and had not con tributed to her support. The plaintiff stated that her husband received a salary of $100,000 for a forty weeks' engagement. NEVADA RAILROAD BOARD ORDERS FREIGHT RATE CUT New Schedule to Become Effect ive November 20 CARSON,' Nev., Oct. 15.—A big re duction in freight rates on all lumber and timber, including mine timber and building material shipped from Verdi along the line of the Southern Pacific and the Tonopah & Tidewater railroads, was ordered today by the Nevada railroad commission. On first-class lumber consigned to Goldfleld from Verdi the rate will be out from $13 to $8 a ton and on rough timbers $r> a ton will be the charge instead of $13. The new schedule will go into effect on November 20. The members of the railroad commission left today for Washington, where they will appear before the interstate commerce com mission to protest against a further ex tension of time asked for by the rail roads in the enforcement of the re duction order of the commission in what is known as the 'Reno rate case. SEATTLE BUILDING WILL BE FORTY-ONE STORIES SEATTLE, Oct. 15.—Application for a permit to erect a 41-story building at Second avenue at Yesler way was Hied today by L. C. Smith of Syracuse, N. Y. Ths building, which will be exceeded in height by only one structure In the world, will Coat $2,000,000. DISORDERS START ANEW IN NICARAGUA CAPITAL NEW ORLJ3ANS, Oct. 15.—News reached hero late tonight from Man agua, Nicaragua, that -disorder had broken out anew In the capital and that frequent rioting! was occurring. According to advices the situation lls critical. '■'>&& PRIMARY PROVISION UPHELD MADISON, Wis., Oot, 18. Tha Wis consin supreme court upheld today the 20 per cent provision of the primary election law. 5 CENTS WELLMAN SAILS ON AIRSHIP DASH ACROSS ATLANTIC Daring Aviator and Crew of Five Men Disappear in Ocean Fog Bank PRECAUTION AGAINST WRECK Last Wireless Message Conveys News That Success Is Attending Voyage [Associated Press] ATLANTIC CITY. N. J.. Oct. 15.— Sailing into a thick tog that hung low over the Atlantic ocean, a few minutes after 8 o'clock this morning, Walter Wellman, with a crew of five men, la tonight believed to be on an epoch making volage to Europe In the huge cigar-shaped airship America. Numerous wireless messages were re ceived during the day, and the latest indicated that Wellman is tonight sail ing through tho darkness oft the New York coast. The men making the night are Walter Wellman, commander; Melvin Vanl man, chief engineer and next In com mand; F. Murray Simons, navigator; J. D. Irwin, wireless operator; John Aubert and Albert Louis Loud, assist ant engineers. VESSEL'S DRAMATIC START The start of the balloon was dramat ic. Roundly criticised by people who did not believe he would ever under take what was thought to be a fool hardy venture, Wellman startled the whole island by bringing the America out of the hangar and without cere mony going into the air. For the last thirty days tho public had expectantly awaited some move from the crew. Day after day it waa announced that a trial flight would be made as soon as conditions were per fect. Early this week it was stated tha airship would make a trial flight, but still she remained in the big shed. The criticisms of Wellman became stronger. It was about 4 p. m. today that tho decision to go up was made by Chief Engineer Vaniman. All night he had watched at the weather bureau. Rout ing the crew, who slept in the hangar, Vanlman called Wellman on the tel ephone at the Hotel Chalfonte and no tified him that the time to start hart arrived. WPllman soon was on tha way to the inlet. With everything ready for the word "Let go,' 'the crew climbed i. 'j the car hanging from the balloon. AIRSHIP SAILS IN FOG The final goodbys were said to the wives, relatives and friends and the last word to the ground was given. On the boardwalk and beach a crowd estimated at 6000 stood in awe as the airship begun to rise and sail out into the fog. Then cheer after cheer fol lowed when the craft began to disap pear in the mist. Within five minutes it was out of sight. Robert Miller, the wireless operator stationed here, kept calling the Amer ica, but it was not until 11:15 a. m. that there was a response. Then out of the air came this message, the first ever sent from an airship at sea: "Headed northeast. All well on board. Machine working fine. Good by.—J. Irv/in." After this messages came frequently and all reported good progress. Among the anxious people who crowded into the little wireless station on the pier were Mrs. Wellman and two' daughters and Mrs. Vanlmari. Messages were exchanged between Wellman and the lelatives. LAST MESSAGE TO SHORE The last message received from ■Well man, late today, said the course had been laid for the north passage /..'com Newfoundland and that speed had been cut to fifteen knots an hour to save the gasoline. Enough gasol'lwe is being carried to keep the America's engines going for at least fifty days under low speed pressure. The airship is equipped with pro visions for thirty days and a twenty seven-foot life boat is carried. If the 3hip has trouble with her engines the wireless will be depended upon to summon ships. Should the whole structure icollapse the crew will take to the life boat, and being in the track of steamers, expect to be picked up without drift ing long. If all is well tonight it in believed the America, through her wireless, is in communication with ships, ana these, in turn, are passing the word along. TREASURER IN ARIZONA HELD FOR EMBEZZLEMENT Ben Clark Accused in Indictment of Misappropriating $1500 GLOBE, Ariz., Oct. 15.—Ben R. Clark, treasurer of Graham county and t. man prominent in political circles all through the territory, was today in dicted <m four counts of embezzlement el Solomonville. The indictment* charge misappropriation of nearly $15^0 during his term of oQe. (Mark served as sheriff of Graham county for lour yoars prior to 190(1 and In 1905 nao elected county treasurer. Hp was chief clerk of the assembly during the last session of the terri torial legislature and Is so generally known throughout Arizona tnat Urn Indictments have caused a sens He is at liberty on bail pending hi trial. JAPANESE WARSHIP SAILS TOK!i>, Oct IB.—The Japan Ing squadron, comprising the arm ' cruiser Asama ;iml tha prot< rruini •■. unrti-r command of Captain Vashiin, sailed today for tho United States. These warships are dv« at San Francisco, November 19.