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ASSOCIATED PRESS DISPATCHES AND ALL THE NEWS OF THE WORLDS GREATEST COPPER CAMP MAKK THI IHll.V AM* THK UKKKI.V NKVVs THI' ItKsl NKW^fWrKn IMIU.ICATIONS IN K.V ♦* Vi:\ AI>A. IMUSI‘l,NSAIU,i: IF VOV \V(H l,l> KKW AHHKAHT WITH WHAT IS t.OINt. ON IN THK WOBU> , HI WHITE^INE news ESTABLISHED IN 1868. DAILY EAST ELY, WHITE PINE COUNTY, NEVADA, TUESDAY JANUARY 5, 1909. FORTY-FIRST YEAR, STANDARD OIL $29,000,000 FINE IS NOT DPHELD BY UNITED STATES SUPREME COURT WASHINGTON. IAN. *—.TIIK TWKNTY-XINK >111.1.ION HOI.I.AK KINK CASK OK THK STA.NHAHI* Oil, CO Wll.l. NOT I IK HKV1KWKII IlY THK SCI'IIKNIK COl IIT OK THK I'.XITKII STATUS. A DKCISIOX OK TIIK COl IIT TO THIS K.KKKCT WAS IIAXDKD IIOWN IIY CIIIKK .11 STICK H I,TON SHOIITI.Y AKTKIt THK COCHT CONYKNKD TOIlAY. THK KKKKCT IS TO I.KAYK STANDING THK DKCISION OF Til K COl'HT OK AI'DKAI.S. WHICH \\ \S ADYKHSK TO THK GOYKUNMKNT AMI KAVOHAIII.K TO THK. COMPANY. Unfortunate Man Literally Ground to Pieces in Huge Ore Crushing Ma chinery, Started Accidently While He Was at Work in the Bottom REPAIR FOREMAN FITZGERALD HAS MARVELOUS ESCAPE FROM SIMILAR FATE—WAS DOWN IN MILL WITH BARRETT WHEN MACHINERY START ED SEVERELY INJURED—ACCIDENT FRIGHTFUL # An accident of the most frightful character in the history of mining reduction plant operation, if the matter of the number of lives lost is eliminated, occurred yesterday morning about 10 o’clock at the Steptoe Valley concentrator, when EDWARD BARRETT, a machinist helper, was ground to fragments in a new Hunt ington mill of the sixth section. E. P. FITZGERALD, repair foreman with the section, es caped with severe abrasions about the head and bad bruises about the body, occasioned by his being struck repeatedly by a crane chain hanging over tin* mill, the operation of the latter iotting the chain in violent motion as the man struggled to j the top of the mill and desperately fought to save himselt from | the terrible fate which he was conscious Barrett was suffering I a few feet below him in the |>owerful ore grinding apparatus, operating under great horse power. ,\> near as can be learned,j a shoe in the mill became out of order and Fitzgerald and Bar rett, who were watching the mill on a trial run. it having not yet been put in steady commission, threw oil the power clutch in order to make such repairs as might be necessary. The men went to the top of the shell of the mill and clambered into it. Barrett descended first, with Fitzgerald practically on his shoulders. Barrett had reached the bottom and was beginning his work, with Fitzgerald a moment from the same position, when the power clutch from some cause that can never be definitely known, slipped and in a second the mill wa*> in motion. f.A, Fitzgerald instant I) realizing their predicament and also I realizing they could look for no quick aid from tin outside in -hutting <dl the mill, a- it might not be known that it was not operating at their will, started at once to clamber to the top. Barrett had no such chance. The trifling difference in the space of t heir separation from t he top forever sealed his fate. In* being caught before he had the bare chance of moving and dragged relentlessly, with power beyond lm nian resistance, Into the machinery which had begun revolving about and under him. When Fitzgerald appeared where bis struggle tor escape could be seen, and his cries for aid heard above the roar of the machinery, there was an Immediate rush of horrified onlook ers to the dynamo, where they quick ly shut it off. but too late to save Harrett. The escape of Fitzgerald under the circumstances was nothing short of marvelous, lie was exhaust ed, bruised and all but unconscious when Ills rescue was finally made. Later lie was taken to the Steptoe hospital, where It wsa said last night that he was resting as easily as could be expected and his condition not considered dangerous. I tot It Fitzgerald and Itarrett were skilled mechanics and thoroughly fa miliar with the dangers of the work which they were about Fitzgerald has been with the company some tiling over n year, being engaged ■luring practically all of the machin ery erection period. Ho lias a wife and two children residing at Smelter. Itarrett had been in the district only a few months, but was popular and considered an excellent workman among all who had come in contact with him. The presumption Is that in a mo ment of over-contidcnce born of their familiarity with machinery dangers, the men entered the mill without taking thought of the necessary pre caution of throwing off the dynamo as well as the dutch. The mill being new and there necessarily being u good deal of friction about Its heavy parts, it is presumed that the clutch was thrown off by the grinding of the pads, with the results told above. The coroner’s jury, assembled by Justice Cartwright yesterday after noon. delivered its verdict last even ing after making a thorough exam (Continued on page three.) ADMINISTRATION UPHELD IN BROWNSVILLE CASE WASHINGTON, .lull. I.—Tile supreme court today ilismisMil tIt** case of Oscur Itcid. one of the negro soldiers summarily disinissisl liy the lireslilenl on urroimt of the limwiisvlllc riot. The I'ourt held that the mutter involved was not sufficient to Justify bringing of Hie case to the supreme court. Tills decision leaves in effect tile decision of the district court of New York, which was adverse to Held. He sought to coni|M‘l the |Uty meut of his salary slni-t* dismissal. w. p. i: io ELY 15 CUT i | NEW KATE CKTTIXt. OltK lll’SI X ESS hi to XI CIIEKKT CHEEK— KEPKEKEVTATIVE OK ItOAH TALKS OK El TI RE IM.AXS. Adolph Dtalios, of Salt Lake, is here in the interests of the Western i Pac ific. Mr. Drahos in an Interview with a News representative last even ing. stated I hat lie was here to see • t he merchants of Ely, with » view of getting their business for his line. At the present time, according to 1 Mr. Drahos, freight can he delivered ! in Ely via the* Western Pacific 24 ! hours quicker than via the S. I’., and I later on. when his road is in good running order, the time required to deliver freight will he very much further lessened. When asked as to the possibility of getting passenger service from I Sale Lake to Ely via the W. I*., Mr. ! Drahos said he didnt know what could he done in that way, but that i he was going to take it up with his I company, i lie time from Salt Lake I to coy. should the passenger service lie installed, would he nine hours, and the traveling both ways would he by night. The distance between tin* two places lij the W. 1’. is 2k:t miles. At the present time there is a tri weekly service between Salt Lake and Shatter which will In* extended to Elko by the tirsi of February, when the Flower Lake tunnel will have been completed. This will be a mixed train service. The W. P. now PRESIDENT USES MANY WORDS IN DENIAL OF REFLECTIONS INTENDED UPON CONGRESS WASHINGTON. Jail. 4. Immedl-j ately following disposal of I lie special message of the president with regard to Italian relief, his special message In response to the demand of con gress for explanation of his asser tions as to secret service matters was presented and read. The message had been looked for in expectation that It would prove a bitter docu ment. Congress, however, was agreeably disappointed to find that it lacked the bitterness expected. The general manner of acceptance this evening, since appearance of the mes sage in the newspapers, indicates Un feeling that the president found him self on ground from which he was obliged to make a not overly grace ful retreat. The messags follows: To the House of Representatives: I have received the resolution of the house of representatives of De cember 17, I 908, running as follows; “Whereas there was contained in the sundry civil appropriation Dill which passed congress at its last ses sion and became a law, a provision in reference to the employment of the secret service in the treasury depart ment; and "Whereas your committee would prefer in order to make an intelli gent and comprehensive report, just to the president as well as to the con gress, to have all the information which the president may have to com municate: Xow, therefore, "He it resolved, that the president be requested to transmit to the house any evidence upon w hich he based Ills statements that the 'chief argument in favor of the provision was that the congressmen did not themselves wish to lx- investigated by secret ser vice men,’ and also to transmit to the house any evidence connecting any member of tho house of repre ) • • • OKLAHOMA WltKCK • • • • COSTS TWO LIVKS • • I I LS I. Okla., Jan. I.—A • • passenger and a freight train on • • the St. l/ouis At San Franeiseo • • mad collided near Fisher to- • • night. One engineer and a Are- • • man were killed and a score of • • others more or less seriously in- • • .lured. The dead engineer's • | • name is unoAiciully given as • • James lloyd. • • • • ••••••••••••••a I has nine new passenger engines of i the very latest type oil the way to | Salt Lake. "The W. i’. has cut the rate on $12 ore from Cherry Creek to (iar fleld,” said Mr. Iirahos in conclusion, and are now hauling it for $2.50 a ton. We want the business front this district and we will most likely have a representative stationed here to look after our interests in that line, wlm will offer the best inducements possible to secure it.” MIS. M'COXNKLL LIIAVI.S. \ i-l Imr Smith Takes Over A flairs Which They Have Previously Jointly Conducted. O. J. McConnell, after over a year of activity In connection with the in terests of the Ely Townsite Co., left yesterday morning with expectation of lief tig absent several months. At the depot were a number of friends I to say goodbye and wish him a pleas ant vacation, while dtiring last week | he was kept busy attending farewell | dinners. Mr. McConnell goes front here to Helena. Mont., to look after business interests, succeeding which he will probably go to Los Angeles and San Diego for tlie balance of the w inter. Arthur Smith, for some time gen eral manager with the Townsite Co., and for a long time associated with Mr. McConnell, yesterday succeeded to the responsibilities which they have jointly carried since coming to East Ely. Mr. Smith will conduct the affairs of the large interests he represents along the vigorous lines that have been followed and it is unnecessary to state will crowd forward miring tin* improving times which promise to lie much in evidence at no distant date throughout the district. SI! THEIR MONTANA, I'TAH AND < AI.IKOIt NIA GET LEGISGXTCKEN I N DEIS WAV--LATTEK STATE HAS IIIG GAMBLING EIGHT ON. SALT LAKE. Jan 4. Governor Spry and other state officers elected tContinued On Page Three.) AMERICAN SUPPLY SHIP IS DUE AT MESSINA ON FRIDAY SAID, JAV 4.—THK AMKIIICAN Si ITIA SUIT Cl'IXiOA AMI THK CltlTSKIt YANKTON AHItlVKI* HKHK THIS AKTKHNOON AKTKIl A SMOOTH IWSSAOK THllOl Oil SI KZ CANAL. THK CCI< OOA WAS LOAHKH WITH PROVISIONS ANII SAILKII IM.MKIIIATKLY KOI! MI.SSINA. WIIKIIK SHK WILL AllHIVKS Killl»AY. THK YANK TON SAILS LATKIl. Action Taken By President In Order ing Relief Ships Loaded and Sent at Once to Stricken Districts of Italy at Expense of $500,000 Ratified S500.000 ADDITIONAL PROVIDED FOR FURTHER RE LIEF EXPENDITURES—NUMBER OF DEAD NOW ESTIMATED AT 85,000—TOWNS DESERTED OF ALL BUT DEAD—KING AND QUEEN RETURN TO ROME WASHINGTON, Jan. 4.—The president today sent a mes t.age to congress on the Italian earthquake situation and asked the immediate application of a half million dollars to the re lief fund. Following the reading of the message resolutions were at once introduced in the house and senate providing appropria tion of $500,000. The resolution provides that the money be used for provisions, clothing, medicines and other necessaries and the president is authorized to employ any vessel of the navy or to charter any suitable steamship or vessel to carry out the purpose of the government to give relief at the earliest moment possible. The president in his message recalled the good relations existing with Italy and the debt that civilization owes to that country ami says that private generosity is res|N»mling nobly through the safe and efficient channel of the American Red {'ross society. “I am coutideut of your approval.” he continues, “and have ordered the government to supply the ships Celtic and Culgoa and send them to the scene of disaster with clothing and supplies to the value of $.‘>00.00(1. Kight vessels of the re turning battleship Meet are already under orders for Italian waters and the Italian government has been asked if their sei vicos can he useful. 1 recommend congress to approve an up (Continued on page four.) sentatives of the Sixtieth congress with corrupt action in his official ca pacity, and to Inform the house whether he hits instituted proceed ings for the punishment of any such individual by the courts or has re ported any such alleged delinquencies to the house of representatives." I am wholly at a loss to under stand the concluding portion of the resolution. I have made no charges of corruption against congress nor against any member of the present house, if I had proof of such cor ruption affecting any member of the house in any matter ns to which the federal government lias jurisdiction, action would at once be brought, as was done in t lie cases of Senators Mitchell and Hurton, nnd Representa tives Williamson, Herrmann and Drlggs. at different times since i have been president. This would simply lie doing my duty in the execution and enforcement of the laws without respect to persons. Hut 1 do not re gard it as within the province or the duties of the president to report to the house "alleged delinquencies" of members, or the supposed “corrupt action" of a member "in his oRlcial capacity." The membership of the house is by the constitution placed within the power of the house alone. In the prosecution of rritnlnuls and the enforcement of the laws the pres ident must resort to the courts of tlie United States. In the third and fourth clauses of the preamble it is stnted that the meaning of m.v words is that "the majority of the congressmen are in fear of being investigated by secret service men" and that "congress as a whole was actuated by that motive in enacting the provision in ques tion,” and that this is an impeach ment of the honor and Integrity of the congress. These statements are not I think in accordance with the fact s. A careful reading of this message will show that I said nothing to war rant the statement that "the major ity of the congressmen were in fear ol being investigated h> the secret service men," or "that congress as a whole was actuated by that mo tive." I did not make any such state ment in this message. Moreover I have never made any such statement about congress as a whole, nor. with a few inevitable exceptions, about the members of congress, in any message or article or speech. On the con trary I have always not only dep recated but vigorously resented the practice of indiscriminate attacks upon congress, and indiscriminate condemnation of all congressmen. , wise and unwise, tit and unfit, good I and bad alike. No one realizes more I than 1 the Importance of co-operation between I he executive and congress, and no one holds the authority and dignity of congress of the i'nited J Stiites iii higher respect than 1 do. I have not the slightest sympathy CALHOUN TO GO TO TRIAL ON I2TH ON BRIBERY CHARGE SAX FRANCISCO, Jan. 4.—Tile trial of the mat* af Wrick tulliouji, president of the I'nlted Railroad*, on u eharfft* of briliof, was set toda,v for January 12. Thi* hearing promise* to bo equally m sensational a* j that of Sehmit* or nucf and will attraet much wider tftention L-— - -—-1 [with the practice of judging men, for good or for ill. not on their several merits, hut. in a mass, as members of one particular body or cast one stone. To put together all men holding or who have held a particular office, whether it be the office of president, or judge, or sen ator, or member of the house t>f representatives, and to class them all without regard to their individual differences, as good or lead, seems to me* utterly indefensible; and it is equally indefensible whether the good are confounded with the lead in a heated and unwarranted cham pionship of all, or in a heated and unwarranted assault upon all. I would neither attack nor defend nil executive officers in a mass, whether presidents, governors, cabinet officers or officials of lower rank; nor would I attack or defend all legislative of ficers in a mass. The sufty of free government rests very largely in the ability of the plain, everyday citizen to discriminate between those public servants who serve him well and those public servants who serve him ill. He can not thus discriminate if lie is iier-maded to pass judgmeut upon a man, not with reference to whether he* is a tit or unfit public servant, hut with reference to whether he is an executive or legisla five officer, whether he belongs to one branch ur the other of the gov ernment . This allegation iti the resolution, • Continued on page two )