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BUTTE—Tonight : Fhlr, colder. To ow : Fair, colder. Œtje Putte Baüp $oöt. WEATHER FORECAST MONTANA—Generally fair tonight and Wednesday; colder tonight and east por tion Wednesday. 5, NO. 8. BUTTE MONTANA. TUESDAY. JANUARY 9. 1917 PRICE FIVE CENTS. SON WILL NAME LEAK BENEFICIARIES IF THOROUGH PROBE IS ORDERED mittee Threatens Him Three Times WiK* Contempt, But He Re!uses to Give Information OSE CULPRITS NOW ULD THROW CLOUD OVER HOLE CONGRESS HE SAYS led Financier Declares Stock Gambling Two of Whom Are High Officials, ade More Than Million in Coup. in Insists He Would Rather Be Punished Contempt Than to Give Out Names Now use Expose Without Proper Action by ress Would Have Disastrous Effect Upon Country and the Administration. ington, Jan. 9.—Bernard Baruch of New York before the house rules committee today that he advance information regarding President Wil ■nt peace note. ngton, Jan. 9.—The leak investigation seemed to first progress toward some definite point today ornas W. Lawson, after much questioning and promised that should the house order a formal he would disclose the names of the cabinet officer, tor and the New York broker whom, he said, a an told him, were engaged in a stock gambling ip and had profited through advance informa resident Wilson's peace note. To disclose the ? the house rules committee Lawson repeatedly even when confronted with three separate reso put him in contem pt, for two reasons: __ oontended the rules corn oontended the rules corn power to conduct <i estimation including one exchange such as he would not be assured of if he disclosed the on said, he considered of the names at this !?'* have a disastrous effect and the admlntstra ~rence to that he prefer nished for contempt of Threaten In Vain. i questioned, cross-ex pleaded in vain with the cler to give the names of congressman, the cab or the senator, name the cabinet officer ■ have referred without men her official of higher po Ij&wson, "and that would OU8 than if I cast a cloud ^re congress and was sent If for life.*' his testimony Lawson names "higher up," but no questioning w'ould bring to a definite statement. wson Excused. the committee recessed for members seemed to think gone as far as they could ~n at this stage so they ex witness temporarily, him to remain within jurls the committee until résolu - *ng him In contempt are dis hearing Lawson frankly he was more interested ional investigation of the "k Stock exchange, which ult In more satisfactory reg than he was in the "leak" in More Than Million. course of the discussion of ~ed trio of whom the con is said to have spoken, Law "d he not only would give a *mmittee their names but amounts of money they were to have made from stock ntinued on Page Seven,) AGE WIND CUTS CAPERS DESTRIANS ENDANGERED g Signs Are Torn and ted and Bricks, Coping Concrete Come Down High Walls in Business let. Narrow Escapes. ng by Its intensity, a warm wind, coming from the north 's all Butte a restless night many minor accidents, injur electrlc lighting circuits In of the city and blowing a gave expectations of below her, accompanied by a bliz id of the mild wave which untered last night and to resldents narrowly es l __ LEVEE BREAKS; FACTORY UNDER WATER Two Boys Believed Drowned. Property Endangered at Alameda, Cal. Alameda, Cal., Jan. 9.—Two boys were reported to have been drowned and property valued at more than $1,000,000 jeopardized today when the northern levee protecting the big mu nicipal reclamation project broke on the Oakland estuary side shortly after 2 o'clock this morning. Nearly a quarter of a mile of fac tory land is under water, with more than 500 men at work trying to repair the damage. A score of lumber yards, factories, warehouses and similar con cerns have been Inundated. Most of them have been cut off from all com munication with the outside world. Three houses have been pushed from their foundations by the flood of mud and water. No estimate has been placed on the damage. The boys, thought to have been drowned, were last seen asleep in an old shed near the Southern Pacific tracks, which was covered by a deluge of mud. SPANISH CABINET AGREES TO RESIGN Madrid (via London), Jan. 9.—Count Romanone», who has been premier in the Spanish ministry since December, 1915, today presented to King Alfonso the. resignation of the entire cabinet. caped serious injury from falling bricks. Doors, signs, washtubs and windows were made the sport of the wind. Intermittent lighting in several parts of town delayed many break fasts and slowed down the business world at the beginning of the day. As the day progressed the wind died down and at noon the fair weather flag was flying, with spring mildness In the air. Narrow Escape. Miss Katie Stamson of 2044 Gaylord street narrowly escaped Instant death this morning when a 20-pound slab of terracotta fell from the roof of the Hlrbour building and dropped on the sidewalk of Broadway as she was (Cont'nued on Pa*e Eleven.) "ACCOP VG TO LAWSON." (StrnJL, <ti 7 - JUSTICES INTERROGATE ATTORNEYS DURING THE ADAMS ON LAW A RGUMENT They Want to Know Why, if Congress May Regulate Rates, it j Cannot Also Regulate Wages. Justice Brandeis Asks if the 1 Court Should Not Take Cognizance of the Increased Cost of Living Since the Present Wages Were Agreed Upon. Washington, Jan. 9.—The great legal battle over the constitu tionality of the Adamson law continued in the supreme court today with attorneys for both sides frequently being interrogated from the bench by the justices. The attack of the railroads upon the law was practically closed and tomorrow the government lawyers will make their final arguments in its defense. In presenting the roads case, Walker D. Hines, the chief counsel, laid stress on the argument that the law is not a constitutional regulation by congress of interstate bommeree but merely a wage fixing statute. He deniecLjthat congress had the right to fix wages and that there is no analogy between rate and wage fixing. and wage fixing. Chief Justice White and others fre quently interrupted him. Justice White's questions were apparently de signed to draw out argument regard ing the comparative authority of con gress to prescribe wages as well as rates. Questions by the Court. "Can congress authorize the inter state commerce commission to fix railroad wages?" asked Justice Day. "Mr. Hines replied it was doubtful unless wages were abnormally low and should interfere with transportation. Asking if the brotherhoods' wage con tracts were fixed prior to 1913, Justice Brandeia said: "Shouldn't this court take Judicial notice of the fact that there has been a great increase in the cost of living since these wages were fixed?" Mr. Hines answered that the fact "would not justify the court in hold ing that evil existed which would justify' congress in exercising such a power even If It had that power." "If there is no power there can be (Continued on Page Sixteen.)__ MONTANAN MENTIONED ASJJNDBANK HEAD State Senator Dan G. O'Shea is Endorsed for »the Presidency. The rest's Washington Bureau. Washington, Jan. 9.—Representative Dill of Spokane today voiced the con viction that a Montana man wiU be named as president of the farm loan bank for the district embracing Mon tana. Washington. Idaho and Oregon, which will be located at Spokane. Former State Senator Dan O. o Shea of Red Lodge is being mentioned in connection with the appointment. He is endorsed by Senator Walsh. The salary of the president of the bank will be »*.000 a year. Representative Dili has given up all hope of landing the position for a Spokane man. U. S. TO BUILD AIRCRAFT OF ZEPPELIN TYPE Guns of Largest Calibre Used in the War Also Will Be Constructed. Washington, Jan. 9.—Ordnance and aircraft innovations designed from lines developed by European belliger ents have been authorized by both war and navy departments. They include Zeppelin type airships, largo caliber mobile rifles and how itzers to be mounted on railroad trucks for the coast defense or hauled by tractor engine over county roads. Secretary Daniels announced today that a "Zap pel in" would be constructed at once. Determination to build the craft was reached after an exhaustive study of the question of rigid airships by a Joint committee of officers repre senting the aeronautical branches of both services, the general staff of the army and the general board of the navy which recommended that con struction be undertaken at once. The recommendations have been ap proved by Secretary Daniels and Sec retary Baker, and the cost will be equally divided between the army anJ navy. * Army ordnance plants are already building at the WatervlAet arsenal. New York, pilot guns of the 16 and 13 inch howitzer. Plans are practically completed also for a 14-inch high powered rifle with carriage for mountlug on railroad trucks. j 1 UNABLE TO STAND BEFORE TEUTONS Many Prisoners Taken on Se reth Line—Russian Of fensive at Riga. THE WAR SUMMARY. Field Marshal von Mackensen's drive against the Sereth line in south ern Moldavia continues to rage with the favor on the German-Austrian side. Pushing northward from Foksluuii, the fortress position captured yester day southwest of the Sereth, von Mackensen's troops have driven the Russians across the Putna and are now hammering at a new position they have taken up there. Further southeast, toward the Dan ube, the Russians are now beginning to yield again, according to Berlin, losing another town which the Austro German forces held against counter attacks delivered last night Take 6,500 Prisoners. The total of prisoners taken by the (Continued on Page Seven.) 48 HOURS FOR GREECE TO ACCEPT ENTENTE REMIND Piraeus, Greece, Jan 9 (via Lon don).—Ministers of the entente pow ers today handed to the Greek gov ernment an ultimatum giving Greece 48 hours to comply with the demands contained in the note drawn up by France, Great Britain and Russia on Dec. 31. The entente note to Greece demands among other things that all Greek forces outside of Peloponnesus be re duced to a number strictly necessary to the preservation of order; that ali meetings of reservists In Greece north of the Isthmus of Corinth be prohib ited; that all persons detained for high treason or for other political reasons be released forthwith; that the com* m^dant of the first army corps be dismissed and that the Greek govern ment make apologies to the allies' ministers and flags at some public spot in Athens. j j I ' I I GREECE REPLIES TO WILSON PEACE NOTE Athens, Monday. Jan. 8 (via Lon don).—The official reply of the Greek government to President Wilson's peace note was communicated today to Garrett Droppers, th« American min ister at Athens. The reply associates Greece heartily with the president's effort in behalf of peace. SENATE PASSES BILL TO MAKE CAPITAL "DUT The Shepard Prohibition Bill is Passed by a Vote of 55 to 32. REFERENDUM PROPOSED DEFEATED BY TIE VOTE The Greatest Crowd in Recent Years Fills Galleries During Debate. Washington, Jan. 9.—The Shepard prohibition bill, forbidding the sale of intoxicating liquors in the District of Columbia, but allowing small impor tations for personal use, passed the senate today 55 to 32. The debate was witnessed by the largest crowd in the senate galleries in recent years. The advocates of prohibition won the first round in their battle when the amendment providing for a referen dum to the people of the district was defeated by a tie vote, 43 to 43. With the amendment disposed of, voting began on the bill itself. As debate opened, hundreds of let ters and telegrams supporting or op posing the referendum were either read or presented for printing in the record. HARRY TRAIN IS AGAIN IN TOILS OF CRIMINAL LAIN He is Indicted by Grand Jury for Assaulting Young Lad With a Whip. New York, Jan. 9.—Harry K. Thaw was today indicted by the grand jury on three charges of assaulting Fred Grump, Jr., a high school boy of Kansas City. Mo. A bench warrant was issued for Thaw's arrest. Thaw is accused in the indictment found today of enticing Grump, 18 years old, from Long Beach. CaL, to this city and having assaulted him at a hotel here with a buggy whip on three different occasions. The district attorney soon after the bench warrant for Thaw's arrest was Issued received a telephone message from Philadelphia saying that George F. O'Byrnes, described as Thaw's body guard, had been arrested In that city charged with aiding and abetting his employer. The assault upon which the indict ment is based is alleged to have taken place Christmas night. The boy fled to Kansas City, where he told his rela tives of his experience. Frank P. Walsh, a leading lawyer of Kansas City, came to New York and laid the allegations of the boy before District Attorney Swann. The testimony of the boy and of at taches of the hotel and others was taken and the indictment followed. As soon as the bench warrant was issued, a detective started with it for Phil adelphia, where Thaw is said to be now staying at a hotel. . j I - CAPLIN GIVES UP HIS EFFO RT FDR NE W TRIAL Proceeding Revoked and He Starts Serving Sentence for Dynamiting. Los Angeles, Jan. 9.—David Caplan, recently sentenced to 10 years' impris onment for manslaughter in the Los Angeles Times dynamiting case, asked and was granted today a revocation or a certificate of probable cause, staying his sentence, and will be taken to San Quentin penitentiary tonight to begin serving his term tomorrow. COULDN'T OPEN THE CASH REGISTER, CARRY IT OFF Barber Shop Proprietor Says] They're Welcome to Money it Contained if They Will Only Bring Cash Box Back. "If the burglars who entered the barber shop at 17 South Main street w'ill kindly return the cash register they may keep the money contained therein and no questions asked.'* The above is a want ad which the proprietors of the Red barber shop wish to insert. Shortly after midnight buiglars Senator Edwards Makes Talk in Favor of Constitutional Convention. DISCHARGED EMPLOYES ORDE RED THRO WN OUT Measures Exempting Mort gages From Taxation Of fered in House. Special to the Post. Helena, Jan. 9.—-Senator J. E. [Edwards of Rosebud delivered a written address in the senate this afternoon in favor of calling a con stitutional convention. He took exception to an editorial appearing in the Butte Miner, remarking this was sufficient evidence of the need of such a convention. Sf-nator Edwar-ls pointed out that If h bill la enacted providing for such a convention It must be ratified by the people at the next general election. An election la then held for members to the convention and then Its delibera tions must be ratified by the people. Thus four years would elapse before onstltutlon could be put into effect. To Fix Rates. Williams gave notice of a bill em powering the board of railroad com missioners to fix a rate of l cent a mile for the transportation of prisoners to be used on public roads. Oliver of one to regulate natural gas wells. Bills Introduced in the senate were: K. B. 8, by Oliver—Amending the law r the registration of elector*. r4. B. 9. by McCone—Providing a $4 license fee on motor vehicles. S. B. 10. by Annin—Amending the nurses' registration law. S. B. 11, by Edwards—Establishing a public market house at enuntv seats of eastern Montana counties Change Tax Law. Semi-annual payment of taxes *s proposed In a bill Introduced In the house today by Crismas. Notice was given of a bill by Holt requiring all foreign life, fire, hall and casualty in surance companies to Invest 75 per cent of their reserve funds In Montana securities. Carl! gave notice of three bills relat ing to school affairs, one providing for taxes for support of accredited high schools In counties having no ounty high school, end another authorizing more than a 10-mill levy in school dis tricts when authorized by vote of the electors of such district Employes Ordered Out. Gould complained today that the cloakroom attendants ordered dis charged last week are still on the Job. His motion that they be threwn out carried without comment. A resolution was received from the Connecticut legislature protesting against polygamy. It was referred to the committee on public morals. A wagon load of flowers was received from Columbia Gardens and presented to the presiding officers of the senate (Continued on Page Five ) COL. CODY'S CONDITION iT Denver. Jan. 9 —Col. W. F. Cody < Buffalo Bill) improved today, show ing remarkable recuperative powers, though his heart action was very weak, his physician said. "I do not see how the colonel can live,'' his physician declared. "Last night I expected him to go at almost any* time. He fought with death aa though he were fighting a man. To day he was able to read a letter from an old friend." gained entrance to the place over the transom. It has been customary to clear the cash register each night and when the thieves inspected the place they found but small change In the register. Then they stole the register. The proprietors recently spent much money in payment for the register The money stolen is immaterial to the value of the register. "The robbers may have the money." said one of the proprietors of the place. "We'd like to have our cash register back, however. There will be no questions asked."