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The Salt Lake herald-Republican. [volume] (Salt Lake City, Utah) 1909-1918, November 20, 1909, Image 1

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I THE XETALS CHANGES to find the Weather
16 Silver 50c l sers of foundarticles are
Copper cath 12 13160 offered to ho est finders Today
Pages by the Found ads
I Lead 440 p r 100 lbs I
Vol nlerMountaln l No 101 Republican SALT LAKE C11Y UTAH SATURDAY NOV 20 1909 Price 5 Cents The Salt VoL L1ke 157 No Heral 17
riEv N TRIAl
Verdict in the Sharp Case
Set Aside by Judge Walter I
H Sanbom in United States I
Circuit Court of Appeals
Coal Company Not Prohibited
From Selecting Its Custom
ers From Rlfusihg to Sell
Product Fixing Prices I
St Paul Minn I Nov 19Judge
Walter H Sanborn in the United
States circuit court of appeals today
handed down an opinion setting aside
the verdict and ordering a new trial
in the case of the United States
against the Union Pacific Coal com
pany the Union Pacific railway
the Oregon Short Line railway James
xr Moore and Everett Buckingham I
in which they are charged with vio
lating the Sherman antitrust law by
forming an unlawful combination
While the suit was brought In the name
of the tnlted States proceedings werE
started by a Salt Lake City coal dealer
named Sharp who charged the coal com
pany and the defendant railways with re
fusing to sell and haul coal for him
Sharp charged that the Union Pacific
Coal company refused to sell him coal
amI that the railways refused to haul the
commodity because he advertised and sold
oal at a less figure than his competitors
JUde Sanborn In his opinion holds
that there was no substantial evidence of
any combination between any two of the
llpfndants either to refuse to sell coal
to Sharp or to refuse to transport it for
The lower court found the defendants
guilty of violatIon of the Sherman anti
trust law and imposed n fine of 1000 and
costs on Buckingham and 000 and costs
un the other defendants
Text of the Opinion
The opinion of the circuit court of ap
T > 11 15 contained in the syllabus as fol
The test of an unlawul combination
1II1dlr the alt of July 2 1890 1 its nCt s
5aT effect upon free competition in com
men e Hnwng thl 1tatos or wltJt foreign
eomblnnUqu the neeess1t It which
8 to stlC1e r tllrectly and substantially
It restrict Urol competltlofllsunlawful
ndt that act but It thQ lecessary er
feet of a combination Is Imt Inctl1eniaJlY
md Indirectly to restriCt competition i
hilI its chief reult Is to foster the trade
tllld Increase the business or those who
1IUkt and operatE It It does not fall under
the ban of this law
coal company engaged in mining and
selling Its coal Is not prohlbltecl by the
arltltrust act or by the law from rerus
go to sell Its coal from selecting its cus
trners from fixing the price find terms
un which It will sell Its product or from
sJllng to different parsons and on dlf
f rent terms
Stockholders Not Liable
violation of n law by a corporation L
tJCS not rendlW its i nonparticipating
stockholders criminally liable therefor
Tnless there Is substantial evidence of
facts which exclude every other hypothl
Fs but that of guilt It Is the duty of tHe
t lal court to instruct the jury to return
a verdict for the accused
And where all the substantial evidence
i g as consistent with innocence as with
guilt It Is the duty of the appellate court
to reverse a judgment oC conviction
In conclusion the court says
There was no substantial evidence i 1
an combination between any two of the
defendants either to refuse to sell coal
to Sharp or to refuse to transport It for r
A combination between a eorporatlol1
and its officers or agents in violation of
the antitrust act cannot be formed by
the thoughts or acts of the officer or
agent alone without the conscious liar tic
ipatlon in It of any other officer or agent
of the corporation
The union of two or more persons the
Cnsdous participation of two or more
minds Is Indispensable to an unlawtul I
The action In which a reversal oC the
decision of the Utah court was secured
was known as the Sharp case the
harge being that of conspiracy and re
straint of trade for putting out of busi
hess David J Sharp who formerl con
duded 11 coal ImshlpsB In Upper Mali
street Sharp advertised to sell coal at
n Qcnt reduction and iL wts I alleged
that a conspiracy followed by which he
was prevented from getting any coal
thl case resulted In the imposition of a
fine of 1000 on Everett Buckingham and
3000 each on James M Moore the Union
Pamc railway the 1nlon Paolf1c Coal
ompan and the Oregon Short Line Coal
1 t Jmpan
The decision In tin court of this stat i
nas given about a year ago
Secretary of the Interior Bal
linger Denounces a Recently
Published Magazine Yarn
and Replies to Other Charges
Gifford Pinchot Declared Not to
Be Author of AntiTrust
Clause in the Act Passed by
Congress on May 281 1908
Washingt Ncv 19Replying to I
charges made In a magazine Secretary
Ballinger of the interior department to
day denied many reports recently cIrcu
lated concerning the conduct or his de
To say that I ever have advised or
dered or lent support to any effort to per
petuate a fraud upon the government
he said is not only false but ls inten
tionally so If made bY any one who has
taken the trouble to Inquire Into the
In explanation of the charges in con
nection with the AlaslB coal lands ha
went into history of President RJosevelt
withdrawal from entry of all coal lands
in Alaska In 1006 showing that tile order
was so modified by Secretary Garfield as
to validate all applications lurJe prlDr
to May 16 1907 He hen called atten
tion to the fact that In his annual re
port oi 1007 as commissioner of the gen
eral land office 11e had recommendJi ac
tion by congress to prevent any fcrma
lion of combinations or trusts by claim
ante oC coal lands and adds
Pinchot Not the Author
The antitrUst clause of the Alaska
coal act us finally passed fay 21 l00S
was not submitted by Mr Gifford Iln
eliot but was submItted as n suggestion
to Secretary Garfield by Representative
Herbert Parsons of New York in his let
tPl of May 7 1903 anti favorably con
slderE and indorsed by the secretary In
his report to congress
11 Ballinger then stated that 1 o Alts J
kan coal claims have been ttatenlcJ and
says that the luvesthatlon ot such claims
wIth a view of JptrInh11ing their aIM
ity or InaUdlt have been vigorously
Ir Ballinger denounced as a pIIH or I
dlnaf falsification a repot that he IS
inter stfd In 155000 shams or th3 laska
Petroleum Coal oompan
No Basis In Fact
The statement that I or my lorm
firm was attQrne for this c < rn1ltmy or
over advised or Jnlfolltd In Its ef fort
to aquIr tItle tibkrl4nis Is aho
without basis In fact he HdiIltt I
Mr Brtliinger said It was tru that in
his private Practice anel ho hail resigned
as commissioner of the lar ofCIN he
had been consulted III Ute preparation of
artIcles of incorporation ullde th law
of 1008 which had neen appruci by the
President and which prinItted the entry
of as much as 236 acres of coal land
but not true that either In this r n any
other connection hI lad g1vm any advice
looking to a framlllont act against the
Asked about a statement that he had
said that tile proper e311ne t J take witIT
the ImbUe domain was to dlvde t tp
among the big corpora tns and let the
people who know how to make 1I10ney cut
of it Mr Ballinger rUflhiCd
Statement Idiotic
So asinine a statement hardly merits a
denial Of course I made no such state
ment Such a thought could not be en
tertained by any normal Intelligence
What I really think in regard to the pub
lic domain and the conservation J f natu
ral resources may be found In my official
reports as commission r of the general
land office and In my present annual it
port soon to be published I have not
only been consistently In the vanguard of
conservative movement but I have
sought to give It permanence along lines
reasonably within the spirit of present
law and to secure adequate additional
He mad an equally emphatic denial of
a statement that his firm irs ImOW1 ajJ
the Standard Oil legal advisory n Seat
All Rights Protected
Mr Ballinger also made response to a
charge that in granting rights of way to
Hill and Harriman railroads through the
Descllutes canon in Oregon he had ren
dcret Impfllble the constructloJ of 1
power plant In the canyon Admitting
that the departnpnt had giyer Its ao
proal to the applications Mr Iallinger
said that this ourse had b2en pursued
under the law and In pursuance of the
wishes of people of the section affected
but not without taking tha precaution of
inserting a requirement that when nCdtd
for power plant purposes each railroad
should elevate Its tracks 100 feet
But this action he said Insured to the
people of Central Oregon competing hInes
of railroad and at the same time uar
nntNd the use of the water power when
tll coml1y 1dl It He 81l1 Quoted rc
onIs In the case to show that the pre
ceedrng hd been In strict compliance
with the law
Deputy Collector Vail Among the
I Numb erInvestigatIon Being
New York Nov 19ColJector of the Port William Loeb jr today
announced the removal from the
customs service of seventythree em
ploycs and attaches of the weighing and other divisions of the customs
service here
Among those dismissed is James F VaIl
ormerb deputy surveyor of the weighing
The collector states that since March 9
last when hI tool office he had removed
I1w rom tilt service for Irregularities from
the weighing department 18 other offi
cials six of whom are now under Indict
In other branches of the service he has
removed for cause 6 officials making the
d total number of removals from the ser
vie J since March I Tot
In connection with the dropping of
Deputy Surveyor Vail the collector says
The cohleetOrk has no proof nor have
Special Assistant Attorneys General
SUmsoll or Smith ot any corruption on I
his part but he was in harge of till
weighing dlvslon during the examina
tions into th frauds that were pcrpe I
trated and the fact that such conditions
could exist in his department were the
causes of his dismissal from the service
I on the grounds of neglect and Inefficlen
Collector Lpeb in making todaY an
I ouncements added significantly
Thecollector Is continuing his investl
James F Vail was formerly deputy
surveyorof the weighing division and was
some months agomadedeputy collector
During the trial last month of Philip
Iusica convict ot conspiracy In se
curing underwelghts of cheese Importa
tions Vail wall named In some of the
charges against government officials
made by llIslca on the witness stand
Vail denounced Musicas statement and
re ntly legal investigators announced
they found nothinG to bear It out
s The Poor Old TrIbune ir
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Deceased Succeeded Charles
I A Dana in Management of
New Y ONiSun
New Yor491 9Wllllam F 14f
fan pUblisher of tl1e New York Sun
died today at his 110mo In UgJsland I
following an operation for appendicitis
performed on Monday
Vllllam Laffan Was the 1ICl80r of
thE late Charles A Dana In the man
agement of the NEw York 811n and
the publisher uf that newspaper for the
last twent five years His home was
ln Lawrence L 1
Mr Larran was barn In Dublin Ire
land sIxtytwo years ago and after
completing his studies in Dublin unl
verslt came to this country
In 1870 he was mae managIng edi
tor of the San Francisco Bulletin but
two years later removed t Baltimore
to become editor and half owner bt
the Dally Bulletin subsequently acquir
Ing full ownership of that paper While
In Baltimore he married the anuJhter
ot Judge Daniel Ratcllf of Washing
ton D C
Mr Laftan was recognized as an
authority on wood engravings and
oriental porcelain In 1905 he di
rected the work of cataloguing the
Chinese porcelain In the collection ot
J Pierpont Morgan and hater the
Chinese plJTcelaln in the Metropolitan
museum of art of which e was a
His first connection with the Sun
dates back to 187 when he became its
art critic In 1884 he was elected presi
dent ot the SUn and In 1900 purchased
the Interest of the estate ot Charles
A Dana In the Sun Printing and Pub
lishIng association and became presi
dent of the association
Startling Experience of the Pupils in
One of the Public Schools in
Denver Noven1ber 19A woman
teacher In time public schoools who < e
name Is withheld by the poJlce and
school authorities became Insane today
whll engaged In teaching her casi
and suddenly began to disrobe In the
presence of her scholars Dr Pearl n
Wheeler public school nurse for the
city happened to enter the room at the I
time and notifying other teacher tile
deranged young woman was taken to
a hospital where this evening It was
reported her condition was Improving
The reason assigned for the sudden
deittugement of the teacher was thee re
cent death of a brother with whom she
came to Denver a few months ago In
the hope the brothers impalrcd health I I
would iniprovo Since the death of the
brother the young woman has givemi I
evidence of much mental sUffering
Miss Eliza 4lcGrew the principal of
the W bster school where the incident
occurred said the young woman re
cently had displayed evidences of a I
nervous breakdown I I
President Robert S Lovett Leaves
New York for the West
Special to The HeraldRepublican
New York November 19Robert S
Lovett president and chairman of the
Union and Southern Pacific railroads
has left for the west where he will
spend about three weeks Inspecting the
Harriman properties This will be
Judge Lovetts first trip over the sys
tems sine his accession to the place of
the late E H Harriman
Toronto Nov 19El1lphasizlng Its ap
proval by a rising vpte the American
Federation of Labor convention today
adopted n committee report Indorsing the
position taken by President Gompers in
the Buck Stove Range injunction cafe
and protesting against the unjudicial
and Intemperate language used by Tus
thee Wright In sentencing Gompers
lItchell and Morrison to jail for contempt
lof court
The Sunday
will ulldoubledh be tile best Sunday
paper ewr published Iu Sul1 bake
The iteraldRepubllcitii has been i t
tIng Ii last pall with Its Sunday Oa
tJ1ill tJ IiJle3 > r01nonoy 1m
ciltpstjm prevl us efforts flte eight
section wlil be full or good things In
this CtlQn will lit found the first In
stallment of the great serial stOry
writtEn by two of the most brilliant
novelists of the day Th HeraldRe
pUblican has purchased the exclusive
western rights for this fascinating
tory and you cant get It anywhere
else After the story is flJllshed In
The ldRepubllcan It will be pub
lished In book form and It Will cost
you U10 to read it then
will contain The Return Hepburn
by Frederick Vaiworth Brown a well
written interesting story finely illus
trated There will be an illustrated
humorous article on The Great
Thanksgiving Football Game also a
story on the Thanksgiving proclama
tion or the President with the latest
photograph of President Taft of the
custodian of the proclamations and
the book in which thy are kept
there will bl a timely article on A
Puritan Thanksgiving Dinner dad
the rtmDind of tho omens Home
Page will be taken up with matters of
value and Interest to the women read
ers of The HeraldRepublican There
will be
with illustrations of the stars that wil
appear In Salt Lake next wEek nd
what they are all going to do The
will contain all thO society naws worth
reading In Salt Lake a5 well as of the
I important communities Of the state
As a preEminent musical city and
state Salt Lake and Utah will read
this section with Interest apd In ad
dition there will be aU of the news of
the day more of it than anybody else
prints and better edited and to top
It off
I Order your paper now If you miss
Time Sunday HeraldRpubllcan t mor
row you will miss the best Sunday pa
per issued In the Intermountain coun
Indiana Harbor Tad Nov 1ffhe
screams of children who were locked in
a blazing home caused neighbors to rush
to Irs John Koraus resldelce here to
day but when they had broken in the
doors a baby girl had perished ln her
cradle and her little brother was per
hapS fatally burned
The boy 3 l2 years old had been tied to
the doorknob by mia mother to prevent
him from playing wlt1tmatches He did
not get the matches but fire fall from the
The mother had gone shopping and
locked the children In
New York Nov 19Corncllus Vander
bilt was today Invited by George J
GOJld to become a member of the board I
of directors and executIve commIttee ot I
the Missouri Pacific Railway ompany I
Mr Vanderbilt has accepted This is
taken to man in Wail street that the
Goulds and Vanderbllts have engaged In
n closer working agreement and that In
teresting developments in the railroad
world may result
Unknown Desperado Killed at
Garrett Ranch Her the
1 c Boy Escaped
Uol4 Idaho Nov 19Thc unknown
desperado who fi twentYfour hours
hell euptiv nteonyearold harry
Garret In an upstairs room ot the
Garrett raneim house threatening death
to the boy should an attempt to arrest
him be made was shot and killed thIs
morning at dimybreak after the boy had
made his escape Wearied by his long
Igll the Finn fell into a doze and hiI
prisoner quIckly seized the opportunity
to jump from a window
Halt a dozen shots startled the
watchers and a moment later the boy
rushed from the direction of the house
The man attempted to kill the lad
when he discovered what had trans
The Finnish interpreter called on the
desperado t1 surrender but hI refused
and a fusillade of shots through the
floor of the room below that In which
he had taken refuge followed Only
one shot was fired In return Soon the
man fell to the floor but recovering
hlmselC he jumped from the window
A perfect volley of shots from mem
bers of the posse on the outsIde of
the house was tired as he appeared at
the window and he tell a dying man
He lived for two hours dying while
being taken t1 Nampa An examina
tion showed that the body Wits rid
died with bullets Thc identity of the
foreigner has not been ascertained The
Garrett boy states that his captor con
fessed to him that he was the man
who shot and seriously wounded Of
fleer Fleming at Nampa last Tuesday
morning Fltming will recover
President Taft Delivers Address Be
fore Atlantic Deep Waterways
Association Convention
Norfolk Va ov 19The navy should
not be only worth seeing but should be
abla to right
President TaCt aroused enthusIasm to
day by making this statement In an ad
dress before the Atlantic deep waterways
association convention The President
expressed Ills Ihtetest In a roIJe1 growth
llnd declared Hampton Roads and Chesa
pcae Bay should bi protected by an Is
lan fort He hail urged this method ot
defense as secretary of Val he said and
would continue to urge It as President
Mr Taft regarded the Norfolk navy
yard as probably the most Important
place In the country and Hampton Roads
as the greatest point for a naval rendez
Regarding waterways President Taft
reit rated his position with regard to
watOrways Improvement and declared he
would enmesH support any project
I which could prove Its practicability and
worth and which would redound to the
1 I general good e
Butte Theatrical Manager Skips Out
With Company Money
Butte Mont November 19L 11
Quinn former manager or the Empire
theatre who left this city very sud
denly last Sqlurday evening Is an em
I bzzlcr according to the statements
of one of the proprietors of the Empire
theatre The exact amount of money
secured by Quinn is not definItely
known but he got at least 1400
A warrant has been issued for Quinn
on a charge of grand larceny and both
the heriff and city pollee are lOoking
for him but he has not yet been lo
He was seen In Salt Lake Monday by
tome Butte people and also on a train
Apparently bound for Denver
Guthrie Okla Nov 19It la announced
that the officers of the defunct Columbia
Bank Trust company of Oklahoma
City have made a settlement with George
AHenderaon of Hoseville Ill who re
cently brought an action In the federal
court here to compel A M Young state
bank commIssioner to pay him a claim
ot 1000 against the bank
PanAmericap Treaty Violated
by the Nicaraguan Troops
When They Invaded Costa
Rican Territory in Advance
Assistant Secretary of State
Wilson Has Talk With South
American Ministers and In
surgents May Be Recognized
Washington Nov 19Brooding quiet
settled today on the strained situation In
which this government finds Itsplf with
Nicaragua But If everything were quiet
on the surface there was plenty stirring
A communication wOe received at the
state department from the NIcaraguan he l
gation the purport of which was not di
vulged and ministers from Guatemala I
and Costa Rica held a mysterious con
ference with Assistant Secretary Wilson
A significant development of the day
inasmuch as It isclcsed this govern I
ments detrmlnation not to interfere
wRit the Nicaraguan revolutionists was
the reiterated announcement that the
state department would not act to insure
the safety of any American vessels that
might be hed up or seized by the Insur
rectionary war vessels now blockading
government forces
Tire announcement was made as a re
sult of several Inquiries by American
s concerns
Violation of Treaty
The deepest interest Is apparent as bi
the conference between Assistant Secre
tary Wilson Senor Cairo minister fronT
Costa Rica and Dr Herrarta mlnlsteJ
from Guatemala It Is believed that the
Infraction of the existing panAmerican
treaty signed two years ago Was te
chief matter discussed The violation was
committed by General Toledo in corn
mand ot President Zelaas forces when
he Invaded Costa Rican territory in his
advance on Grey town
In the threatened trouble between Nica
ragua and Venezuela a short time ago
the United States stood ready to prevent
the passage of bellhnrents across the
neutral territory oC Honduras This ili
pointed out by diplomats as Indicative of
the gravity of General Toledos offense
against the panAmerlan compact
Hold Their Positipn
That Teolutloulsts under Genera
Chamorro are makinG preparations for
the final decisive struggle Within the next
three or four days was announced to
night by Senor Salvatore Gra1TlnO
j etren totiy her uttIitNitn 1r I
blonal government In the meantime he
says General Chanforro maintains his
position in the steep lulls overlooking
Gre town and holds the Zelaan forces
at his mercy
The United States warlIHps Des Moines
and VIcksburg ordered to take up their
stations on the Atlantic and Pacific sides
oC the isthmus respective are believed
to have reached their l1estlnatlone
Revolution Rejoice
Colon Nov 19A wireless dispatch
dated Bluefleld Friday says that an an
nouncement has been made unofficIally
that the United States goernmpnt has
recognized the revolutionists There hI
great jubilation In Blueflelds where per
feet order Is being maintained
The situation In western Nicaragua
the dispatch adds Is said to be alarm
Ing Telegrams declare that President
Zelaya is Inaugurating horrible measures
to force the enlistment of troops and to
obtain financial assistance
According to information brought into
Blueflelds by deserters the troops ot
President Zsiaya were sUffering great
hardships General Chamorro of the eV
olutionary forces retains control ot Grey
town the dispatch adds
Cannons Parents Want Body
Harrisburg Pa Nov 19Danlel K
Cannon father of Leroy Cannon the
young Pennsylvanian executed in Nic
aragua today asked the state depart
ment at Washington hi obtain positive
confirnlatlon oC the news ot the young
mans death
Ve only know what we rEad in the
newspapers and hope Washington can
tell us something said the young mans
Mr Cannon and I If the boy is dead
will try to have the body sent here We
hope the government can help UE > to get
Mrs Cannon said she had received no
word from her son that he had taken
part In any revolutionary uprising such
as iR i contained In letters received here
by Ichool friends ot the young man
These letters came from Honduras and
stated that Cannon was in that repub
lie in August and September because
ot President Zelayas enmity toW rd him
Des Moines Iowa Nov 19Two
masked men dynamited the safe In the
bank of Alleman a small station tel
miles north oC Des Moines early to
day and obtained 1GOO and escaped
Four Bodies Recovered Yester
day After the Fire Fighters
Had Risked Their Lives in
an Effort to Subdue Flames
Wives Whose Husbands Are
> Down Remain at Home
in Despair Fully Convinced
That All Missing Are Dead
Cherry Ill Nov 19Science and
desperation have greatly checked the
fire that snuffed out 300 lives last
Saturday in the St Paul coal mine
Men braved today the fir swept tun
nels to bring the dead to the surface
Charity has poured aid into homes
of suffering survivors But all of
this could not subdue the grief of
Cherrys inhabitants when the sight
of the dead lifted from the tomb
blasted their hopes that the men
might be rescued alive
It has been Just six das sine 11 a
started In a bale of hay and 8WpJt t o
breadwinner of this colllmunlt 11
their doom and In all that ti niP r
anxiety only five bodies have been 1
covered four today and one last nigl
Tomorrow It Is expected that mal
more bodies wilt be recovered 101
were found today and explorers tiUriS
lag deep Into the second gallery WtI
forced tu lee aK they were about tj
bring theIR out when tailing earth and
rock endangered the rescuers
Tonight miners were put to Work itt
the gmhiertes replacing burned timt PI
and clearing obstructions wIk iu
pede access Into the coal vein for mo q
than 250 feet from the main shaft n
loud this point fires tlil burn an1 t
will be ome time before they
can Ie
Inspectors Satisfied
Illinois inspectors who has I
charge or tin aUempt to subdue fl
fire alJd to etfecMi entrance Intn t
mimfe were satisfied tonight with tl
i progress of the work It Wall Iwr
sUCCQulrul than t1mel > had anticllatfocl
Alt ezeqit ii i j c
The entk3 In OaUd tie
fighting of the R C 10 a ontro1lablt
point said inspector JatJI9 A Ta
lot before his departure J8 gratJrYJn
to us 0 soon as the 1lUeries cat
be cleared and
reinforced Dlany 11101
ot the dead will be rougltt out l r
wu unsafe to venture near the bodth
discovered late today
Realization that their lnI bands are
tlead drove many women to the l
homes where agents ot charity wer
able ior the flnt time to talk wit
them satisfactorily
Cherry was the Mecca for thouland
of visitors attracted by the opening r
the mine The military guard arourl
the mine preserved perfect order
Fire Fighting Dangerous
Obstacles that threatened lies J i
fire fighters attended thft work of I Ii
covering bodies At
one time Ill Ii
working In the lecond level were
most cut off from escape by a sudt1
clilveln of rock aDd earth They tat
placed two bodies on a stretcher al ii
were ready to carry them to the cag
when a shower of debris came down
To the danger of heavy rocks falling
was added that 1f crackling tImbpr
which fell In from all sides
The men were then 2O feet tror I
the hoisting shaft Further In tL
could see a great heap of bodies 1f
men boys and mules lndllcrlmlnatfol
Leaving behind them the two hodlt
which they bad struggled hard t
reach the fire fighters rushed to the
hoisting shaft where they were r
vfved They were quickly brought to
the top
The clearing away of debris delayed
the exploration work almost all after
Bare Possibility
hIs It possible that after being burte
for sIx das some of the miners ma
still be found alive was a question
revived today as the offiCials reach II
remote galleries One old miner t
lost a BOn declared he was still lIOW
ThOSe entombed in the mines ha
kept themselves alive as long as thirt
days he said I believe some of thec
men were wise enough to get into cite
of the galleries and barricade them
selves there They would have easil
been able to wall themselves up with
coal and earth and thus shut out tIll
gas and fire In thlll way they could
Continued on Page 2
Rumpus Is Over Guano Deposits
Gained as Result of War
4 Si WIth Bolivia
Santiago Chile Nov 19The Chilean government today opened ne
gotiations with Washington with a view to Jiubznitting the Alsopclaim of
theUnit d Sfnt f against Chile 10 a specially constituted court of arbi
tration at The Hague
Tho notification to Chile which Is
1001el1 upon here as an ultimatum has
I been seized upon by the sensational press
as a cause for pUblic agitation As a 10
I suIt the merchants are alarmed Jest the
feeling aroused affect American Imports
Washington Nov 19Vhl1e the otfl
dais of the state department have not
been officially advIsed ot the reported I
willingness of the Chilean government to
i submit the Alsop claim to arbitration at
I The Hague they are gratified at the
news contained In the Associated Press
dispatches that the Chilean govenmerft
has expressed a willingness to submit
the matter to The Hagus
Senor Cruz the Chilean minister todmi
refused to discuss the matter
In ISH the Alsop company of New York
and Connecticut advanced large sums ot
money to thE Bolivian governhlent in p
change for the right to operate aluabl
guano deposits and other concessions in
that country The government contract
ed to return a portion oC the loan front
the receipts of customs at the port of
Before the contract could be fulfilled
Bolivia lost Arien and the adjoining l1s
trlct to Chile in war
In 18S following representations b
the American state department Chile
agreed tc assume the obligations ot B0
livia to the Alsop company She has
never however made good hEir promise
and the matter has been the subject of
diplomatic negotiatIons ever slnre The
claim now amounts to more than t1GWOV

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