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The Pensacola journal. (Pensacola, Fla.) 1898-1985, July 20, 1914, Image 1

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PENSACOLA WEATHER
WEST FLORIDA
The Coming Garden Spot of the
Nation.
Partly cloudy Monday
and Tuesday, light to
moderate variable winds.
Yesterday's temperatures:
Highest, 85 degrees; low
est, 72 decrees.
VOL. XVII. NO. 200.
PENSACOLA. FLORIDA, MONDAY MORNING, JULY 20, 1914.
PRICE. FIVE CENTS.
BULL MOOSE CANNOT
ANNUL PRIMARY LAW
FORCES OF ZAPATA
NEAR MEXICO CITY
New Haven Stockholders Plan Fight for Restitu
tion of Squandered Money; Estates May Suffer
Attorney General Gives His
Opinion Relative to
Complaint. .
CL.AIM FLORIDA LAW
UNCONSTITUTIONAL
Xo Reason for Alarm on the
Part of Those Nominated
in June Primary, Notwithstanding-
Application for
Injunction South Dakota
IDecision. Upholds Similar
a- .
SFBCXA& TO THE JOURNAL
iTaCahaaee, J2y 19. Attorney-Gen-mml
Too T. West expresses the opin-
MtWt that thlM nnmlnat.H 4r Vi nrl.
election OX June 2 need feel no
ores- the attempt of the "Bull
lW'lr" , to Invalidate the Drl-
clectloo tew of Florida..
TbS) action Of the "Bull Moose" rcn-
?S!e cornea In the form of a bill of
'complaint filed against Secretary of
Anderson of Jacksonville and direct
ed to Judge J. W. Malone of the clr-
rnff mitH (. r. t . T
this bill the plaintiff ' asks for an in
junction restraining- the 'secretary of
state from certifying1 to various boards
of county commissioners the nomina
tions made In the primary of June 2
on the around that the primary elec
tion law Is unconstitutional and that
under Its provisions the members of
the "Bull Moose" party will not be per
mitted to have the names of their party
candidates ant-ear on the general te
- tlon ballot this year.
" ATTORNEY GENERAL'S opinion
. - - . W - -
Attorney wenerai Thos. F. West.
who. will represent the secretary of
. nau xn in litigation, has issued the
loHowtof statement:
"Tn WW ' Mnlntin V. 1
- w ,0 liu I VTCLSUIl
for alarm on the part of those nomi
.. nated in the primary election held in
C iuio iau
. , ixguiauiis ins tonauci 01
valid: by the courts of this state.
( as a proper exercise of the legislative
power, and the courts of a number of
other states have upheld provisions
similar to those of the primary elec-
- -tlon law of this state which is attacked
V in this litigation."
j The litigation is really an attack
upon the primary election plan of
nominating officers, but that plan has
been upheld In every state where the
law has been tested and the following
opinion by the supreme court of North
Dakota on a similar law furnishes a
case In point.
NORTH DAKOTA DECISION.
State of North Dakota ex reL Andrew
Miller, Attorney General, et al.. vs.
T. F. Flaherty, Auditor of Burleigh
County. ( N. D. . 136 N. W.
76.) 41 L. R. A. (N. S.) 132. ,
"The primary election statutes have
as a principal purpose the regulation
of the franchise of electors within
party limits. The elections so pro
vided concern primarily the rights of
parties,, and only Incidentally those of
, the individual elector. The primary
is not held to afford an elector as such
merely a chance to exercise his right
of. suffrage, but instead an opportunity
to participate in the proceedings and
acts of a political party. This he does
by exercising his right to vote, but
within that party. . Legislative discre
tion has recognized the party right
as to method of nominating officers,
as well as promulgating its political
M doctrines and the application of them,
' as a governmental force. The legis
lative purpose is that the rights of
the party are paramount to the in
dividual party member, as to nomi
nations made and other party matters
"B transacted by means of the primary.
If the party primary, therefore, is an
election within the term "any election"
it is one within the power of the leg
islature to authorize and confine with
in party limits, but its purpose must
be considered as sanctioned by, and
within the provisions of article 5 of
the Constitution. To hold the contrary
Is to invalidate every primary election
statute in toto. Deny constitutional
recognition of purpose of the election,
and apply the constitutional definition
of elector, and hold that by virtue of
being an elector he snail be "deemed
& qualified elector at such, election."
and our whole primary election sys
tem must (all. because the right to
participate depends not on the elec
tor's constitutional rights as denned
alone, but on added qualifications of
partisanship. We believe the purpose
of such an election should determine
Continued on Page Four.
Aged Professor Weds Widow
Whom He Wooed Through Mail
Denver. Colo.. July 19. Frederick J.
Stanton. 88, has Just married here
Mrs. Eliza Johnson, 74. They had
never seen each other until the day
of the ceremony. They carried on a
irtship for twelve months by mail,
ev were Introduced to each other by
ter, and never even exchanged pho
tographs.
Stanton has been a constant resi
dent of this city for 54 years. He is a
professor of chemistry in the Denver
School of Mines and holds land and
real estate throughout Colorado and
Wyoming. He has been prominent in
politics, and is actively engaged in
the lodge work of the Independent
Order of Odd Fellows.
City of Rosario is
Captured by Rebels
BY ASSOCIATED PRESS.
San Diego, Cal., July 19. Eight
hundred Constitutionalists took
Rosario, near La Paz, Lower Cali
fornia, Saturday, according to
wireless dispatches received here
today from the United States ship
California, at La Paz. The Fed
erals refused to surrender the city
on demand of Senor Carranzie.
governor of Lower California.
' The battle lasted until two
o'clock in the afternoon, when the
Federals retreated. Three Federal
officers were afterwards executed.
Dispatches from La iPaz also
stated that General Mier, Federal
governor of Guadalajara, has been
assassinated. He furnished much
aid to the Americans there.
HOSPITAL BIDS
WILL BE OPEfJFD
Interested Pensacolians Left
for Maryland City
Saturday
Four Pensacola men will be present
today at Emmetsburg, Md., and wit
ness the opening of the bids for the
construction of the quarter million dol
lar hospital at Pensacola. Those who
left here Saturday are Messrs. Charles
.H Turner. -C. A. Fulghum and son,
and William Ray. of the Ray Hardware
company Tne Messrs. Fulghum and
Turner are said to have submitted a
bid for the work.
.Bids are to be opened today at noon,
and while there is no likelihood of the
contra being awarded before alithe
bids are carefully looked into, the be
lief is expressed in local building cir
cles that the competition will be so
keen that a low offer for the work will
be received from several points, among
them being Pensacola. and it will
be but a few days, at the latest, before
ths successful bidder or firm is made
known.
The local men were among the first
to procure copies of the specifications
and set of plans, and while the fact
has not been puolicly arnounced, it
is the opinion that they will stand
an excellent chance of landing the
work.
Considerable competitive bidding is
anticipated, for sets of plans and speci
fications, were placed in the building
exchanges all over the south, and in
Washington, Chicago, and St. Louis.
The architect, Mr. Von Herbelis, will
be 011 hand today and will be in
charge of opening the offers to con
struct one of the finesc institutions of
its kind in any of the southern states.
This is the building planned for con
struction on the property lately ac
quired for the purpose, on North
Twelfth avenue, between DeScto and
Gonzalez stieets. It will be known as
the DeSoto hospital, and will be in
charge of the Sisters of Charity.
Says Railroad
is Coal Trust
BY ASSOCIATED PRESS.
Washington, July 19. Charges by
Benjamin L. Dulaney, of Bristol,
Tenn., that the Pennsylvania system
and allied lines have bottled up the
southern coal fields in the interest
of a "coal trust" will be investigated,
beginning tomorrow. A special sen
ate committee will hold the hearings.
It is charged that cities north of
Norfolk get shipments that should
reach tidewater at Charleston, Jack
sonville, Fernandina and other points.
CLAIMS ASSAULT
BY NAVAL OFFICER
Seattle. July 19. Miss Lulu Freeburger,
a bookkeeper, filed a suit against Lieut.
James P. Olding. or the United States
navy, charging that he forced unwel
come attentions upon her and finallv,
on July 30 last, attacked her. Lieuten
ant Olding is a married man. ilving with
his family in Denny way, this cltv.
His 74-year-old bride was & resi
dent of Ames, Iowa.
A year ago Professor Stanton was
corresponding with Mrs. Lucile Tay
lor, a widow living in Casper, Wyo.
It was at her suggestion and through
an introduction by letter that he
started to write to his present wife.
Soon, however, his letters began to
go more frequently to Iowa than to
Wyoming. His letters to Iowa in
creased in volume and length, and he
received as many as he sent.
Then the professor proposed mar
riage to the "Widow of Ames." She
answered with a desirable monosyl
lable, and agreed to come to Denver
for the mortage.
AT HITS 1G
hJ J ;l ' - B k
Top, the late J. P. Morgan, former s
President Charles S. Mellen testify-
ing at New Haven inquiry, and Wm.
C. Rockefeller. Bottom Theodore N.
Vail, George F. Baker, and Howard
Elliott, present head of the New
Haven.
Boston. Mass.. July 19. Minority
stockholders of the New Haven rail
road, millions of whose monery, ac
cording to the interstate commerce
commission, were wasted by the cap
tains of high finance on the board
of directors, hope to recover from
these directors at least a small por
tion of the money which they have
lost.
The late J. Pierpont Morgan, Charles
S. Mellen and William G. Rockefeller
were the big powers of the New Haven
directorate at the time transactions
that have been subjects of inquiry by
the interstate commerce commission
were made. Other responsible direc
tors of the time were George F. Baker
of New York, and Theodore N. Vail,
head of the Bell Telephone Company.
It is understood that an attempt will
be made soon to recover from the
directors who are now living-, and
from the estate of the late J. P. Mor
gan. Ask Present Directors to Help.
As attorney for minority stock
holders, Sherman L. Whipple's law
firm has sent a letter to the directors
of the road demanding that they join '
POLITICAL WHIPS KEEP QUORUiM
IN BOTH THE HOUSE AND SENATE
Pensacola Post
Master Will be
Named Tuesday
SPECIAL. TO THE JOURNAL,.
Washington, D. C, July 19 W. C.
Jones Is the nly one of the Pensacola
postofflce applicants or representatives
of applicants remaining here today. J.
Walter Kehoe, who came here early in
the week to urge Mr. Hancock's ap
pointment is with Congressman Wil
son and several members of the Ala
bama delegation at Ocean Beach, New
Jersey. Mr. Mackey is spending the
day at Old Point, Virginia. Mr. Han
cock arrives here tomorrow.
Before leaving the city yesterday
Congressman Wilson announced defin
itely to all Florida representatives of
the press that the Pensacola appoint
ment would be made Tuesday. It is
generally conceded in congressional
newspaper circles and around the ho
tel lobbies that Jones or Hancock will
land the plum.
President Back
at Work Monday
BT ASSOCIATED PRESS.
Washington, July 19. President
Wlison has recovered from his recent
illness and is expected to take up rou
tine work tomorrow. He will conrer
with business men on general condi
tions and trust legislation.
The president expects definite ac
tion on the nomination of Thomas D.
Jones to the Federal Reserve board,
this week and is preparing to take up
the case of Paul M. Warburg. He will
also take a hand in straightening out
the tangle in anti-trust legislation in
the senate.
TO SOLVE IRISH PROBLEM.
London, July 19. Premier Asqulth
is expected to announce in the House
of Commons tomorrow that the king
has called a conference of party lead
ers to seek a solution of the Irish
problem. The conference will be held
probably tomorrow.
WILLIAMS DEFEATS PELL.
Seabright. X. J., July 19. R. Norris
Williams, second as challenger, today
beat T. R. Pell in the final of the
Davis cup team test tournament. The
score was 6-4;; 4-6; 4-6; 6-3; 6-3.
1 Jf Vy jjy
the stockholders in the proposed suit.
In bis letter Mr. Whipple refers to
the testimony concerning Xew Haven
Investments which proved unprofit
able, brought out by the interstate
commerce commission.
"It is our judgment, therefore." the
letter continues, "that directors are
liable for these losses which have as
plainly resulted from their neglect of
judiciary duty. On this ground the
corporation is entitled to recover from
the directors the difference between
what was actually paid out for these
investments and their otual values
a sum amounting- to not less than
$34,000,000.
"It now seems practically conceded
that all these purchases trolleys,
steamship lines and Boston and Maine
shares alike were- also in violation
of the federal anti-trust act, and on
that ground illegal and ultra vires of
of the corporation.
"On the ground, in our opinion, the
railroad is entitled to recover from
its directors $155,000,000 the aggre
gate amount paid for the Boston and
Work at Present in Sight
Will Keep Congress
Until Fall.
Interstate' Trade Commis
sion Bill, Jones and War
burg Nominations and
Bryan Peace Treaties Are
Among Most important
Measures.
BY ASSOCIATED PRESS.
Washington. July 19. Members of
congress have about given up hope of
adjournment before fall. Tinre is
some hope, though of getting a real
start on general debate on the inter
state trade commission bill this week
in the senate. It is aTso the hope of
committees to complete work on the
Clayton and railroad securities bills.
It" is estimated that the commission
debate will take six weeks. Some re
publicans say it will take lonsrer. There
is still probability that the three bills
will be consolidated which would shor
ten the ueoatc.
Bom houses are having trouble in
keeping a quorum, the congressmen be
ing anxious to get home for campaigns.
Party whips are busy calling the ab
sentee members back to Washington.
The leaders, intend to keep a quorum
hereafter.
Difficulties over the nominations
(Continued on Page Four.)
Cotton Exports
Break Records
BT ASSOCIATED PRESS,
v Washington, July 19. Xew high
records in raw cotton exports were
created in the 1914 fiscal year, when
$610,000,000 worth was sent abroad.
This is $25,000,000 above the record for
the year 1911. The Commerce De
partment's preliminary figures, issued
today, show 9,165.000 bales shipped.
The record of bales shipped in 1912
was 10,675,435.
Maine shares and steamship and trol
ley lines.
"Demands That They Sue."
'We, therefore, in behalf of our
clients, who are, and during all the
period of the transactions herelnto re
fered to have been stockholders, re
spectfully demand that you institute
proper Ir-gal proceedings to enforce
the liability the directors to the cor
poration which we have pointed out,
and such other liability as may be
disclosed as a result of the careful
and thorough investigation of the
company's affairs."
The; letter also states that while
"at present we do not suggest, pro
eeeriinss upon tho assumption tiru?t
th directors have necessarily been
guilty of conduct amounting to fraud,
it is quite true that many facts now
disclosed point to the probability that
some of these transactions are tainted
by frauds."
The exact amount that will be
named in the proposed suit has not
been made known, but the letter in
dicates that the claims will be made
that the directors are liable for $94,
000,000 on one ground and $153,000,
000,000 under another interpretation.
Two Deaths Are
Charged to the
Labor Trouble
HY ASSOCIATED PRESS.
Kort Smith. July 19. Following the
finding of charred fragments of the
bodies of two men in the ruins of a
log cabin reports of an attempt to de
stroy the surface workings of another
mine owned by the Baehe-Denman
Coal Company were today's develop
ments in the labor war in the Hart
ford Valley coal fields.
Fragments are believed to be those
of J. W. Sylesberry and John Baskin,
mine sruard?, who failed to report
after Friday's battle of Prairie Creek.
i but later the reports were denied. It
is now believed tn story told by an
othr mine guard wa. true.
Hindus in Riot
on Jap Steamer
Bi" ASSOCIATED PRESS.
Vancouver, R. . July 19. Twenty
white men were injured and several
Hindus are reported to have been shot
when a party of officers attempted to
board the Japanese teiimer Komogata
Maru here today. The Hindus have
held the ship against the orders of
the Canadian government, is is said.
They have been trying to force their
way into Canada. A party of guards
tried to board the vessel today and
the Hindus resisted. They have been
ordered deported. The captain was not
allowed to get up steam by the pas
sengers. MRS. CARMAN ON AUTO TRIP.
Freeport. July 19. Mrs. Florence
Conklin Carman, indicted in connec
tion with the killing of Mrs. Louise
Bailey, left here today on an automo
bile trip. She will return late in the
fall for trial.
TRIAL OF MME. CAILLAUX.
Paris, July 19. The trial of Madame
Caillaux, for killing Gaston Calmette,
editor of Figaro, begins here tomor
row. The prisoner today was trans
ferred to the Conciergerie in the lower
part of the Pallais de Justice from
St. Lazare prison.
Seventh Plague Case
Found in New Orleans
BY ASSOCIATED PRESS.
New Orleans. July 19. The
seventh case of bubonic plague
was found here today. The vic
tim is a negress, fifteen years old,
who has been employed as sorter
by a large paper company. She
was taken to the isolation hos
pital and her condition is serious.
The Florida health board will send
Dr. F. A. Brink, bacteriologist, and
Dr. E. W. Diggett, a member of
the board here to observe condi
tions and study the methods em
ployed to stamp out the disease.
Two GuatamaJan health officers
are also coming to Xew Orleans
to familiarize themselves with
methods of fighting the disease.
OF COURSE, THEl
FIRE LADDIES
WERE PLEASED
Any Accommodation De
sired is Gladly Forth
cominjr. If any citizen in Penacola desires
to have the grass in the fror.t yard
manicured, the chicken coop repaired
or scrubbing done without expense,
the proper method cf procedure Is to
telephone the nearest station of the
Pensacola fire department. That, at
least, is the gene ral belief of citizens
resident in the vicinity of Cervantes
and Baylen streets who are high In
praise of the versatility of the accom
modating members of t:ie clty'a paid
fire-squelching organization.
Sunday morning about 11 o'clock: a
well known citisen of the vicinity nam
ed sent in a call for truck Xo. 4 from
a neighbor's residence, without expla
nation other than that it was wanted
immediately. New the business of a
fireman is, primarily, to respond to
calls for assistance without question
questions, if any, coming after the
scene of the supposed conflagration
has been reached.
The Sunday morning call was an
swered promptly, as usual but there was
no sign of smoke or flame when the
truck clattered up to the place speci
fied. Instead, on the sidewalk, stood
a smiling gentleman who urbanely in
formed the firemen that he had lost
the keys to his home and wante 1 a
ladder in order to get in a window
that was cpen in the second story.
lie got the ladder, thanked the fire
men and crawled into his domicile
with grace, neatness and dispatch. The
firemen after an Alfonse and Ciast.on
;tunt, it is said, retired in good order,
only too glad t. have been of assistence
lo a ajrpaer. The gentleman's name
Is but what's the use?
Accident Mars
Balloon Race
by associatp:d PRESS.
Paris, July 19. A panic was caused
among the spectators here today when
the balloon Toto, at the start of the
Orand Prix race, crashed into the
trees of the Tuileries gardens. Many
women fainted and several spectators
were hurt. (leorges Blanchet, the pi
lot, was slightly injured. Duval, his
aide, was seriously hurt by a fall of
one hundred and fifty feet. Twenty
four b3lioons started in the race.
CLAIMS Wl FEY SCRATCHED.
BIT, BEAT AND HURT HIM
New Orleans, July 19. Alleging that
his wife. Lolley "VVebre, divorced wife of
Robert West, to whom he was married
October 4. 1912, was in the habit of
"beating, bitlns:. scratching and throw
ing things at him." Theodore Ileina filed
a petition in the civil district court .Sat
urday, asking a separation of bed and
board.
Heinz averred that Lis wife is habit
ually intemperate, and that she is un
der the influence of liquor two or three
times a week.
On one occasion lie charged she beat
him with a clothes brush. He also
chorges her with calling him un
printable names and with neglecting
their child.
In Unique Test of
Woman Loses a
New York, July 19. As the result
of a small wager Saturday afternoon,
Mrs. Elizabeth Weir, 42 years old, of
No. 12 Vine street, Brooklyn, who tips
the scales at 300 pounds, is in the
Long Island College Hospital suffer
ing from compound fracture of the
ankle and probable internal injuries.
From what the police of the Ppolar
street station could learn, Mrs. Weir
and Mrs. Mary Flynn, 30 years old, of
No. 5 Vine street, had a discussion
over their relative strength. Mrs.
Flynn weighs 130 pounds. They de
cided to hoist each other in turns up
a rope attached to a pulley.
Mrs. Flynn and Mrs. Weir entered
Apprehension at Washing
ton Over Reports From
Troubled Republic
CARRANZA TREATING
WITH BANDIT LEADER
Efforts of Americans AlmeH
at Getting Stable Gov
ernment Without Loss of
Time President CarbajaT
Will Have Railway tt
Vera Cruz by Tuesday
BY ASSOCIATED PRESS.
"Washington, Ally 1SL Apprehension'
is manifest here over possible open- .
tions by the Zapatista forces nearOfex-
ico City, Vem Cms and Mexico City
dispatches saying that the Zapccttstas
ave dangerously near Mexico City. This
is verified by state department adndces.
Otherwise government offtatals feel
that the Mexican problem is shaping
for so hit ion.
Carranza representatives are In com
munication with Zapata. It Is hoped
to bring all revolutionary forces-under
one head.
American efforts are aimed at get
ting a stable government set up with-
out loss of time.
WILL REPAIR RAILROAD.
Mexico City. July 19. President
Carlxajal today notified the British
minister that he had ordered the gap
In the railroad between Mexico Citv
and Vera Cruz closed. Direct rail
communication will probably be re-es-
ta-blished by Tuesday.
A trip of investigation In the dietrlct
near the capital resulted in reports
that the activities of the Zapatistas
had been greatly exaggerated. Small
bands have committed depredation
but there has been-no concerted at
tack anywl.ere.
HUERTA FOLLOWERS GATHER.
Puerto, Mexico, July 19. General
Huerta was Joined here today by a few
more military men. Feveral politic
ians and a few eoiigresfmen are anions
the arrivals.
9,000 MILES FOR
STUTTERING CURE
Indianapolis, July 1. Frank iKtylanrt.
of Auckland. New Zealand, has ar
rived in Indianapolis, to be r-tired of
stuttering by a local Institute for ita.m
mrrera. He traveled 9,000 miles and the trip
required twenty-neven days of continu
ous travel. Mr. Leyland heard of
the local Institute through a newspaper
alvertsement.
THREE DIFFERENT
NAMES IN HOHRf
Neosho, Mo., July 19. Mrs. Henrietta.
Slegel. of this county, has the disttno-,
tion of having had three different moim
within an hour. Hhe came to Meoabo as
Mrs. Henrietta HiUis. She was granted
a divorce, the court restoring her
maiden name, Henrietta tZoftlday, In
few minutes she took her third nacM,
Mrs. Jacob Slegel.
MARRIED FIFTH ,
OF EIGHT SISTERSI
San Francisco, July IX The TJeW.
L. McHatton. of the Fruftvaie Christian
church, has Just married the fifth of th
eight Sanders sisters, of Brentwood, auxl
be expects to oAi elate at the weddmc
of the three others before lone.
Miss Edna. Sanders, the latent brUIe.
was married to Claude A. VrtstM, of,
Oakland.
RAT FOUND BAKED ' '
IN FRESH LOAF OF B&EAO!
New Orleans, July 19. A. rat toondk
baked in a loaf of bread served Mrs.
Daisy Gnilwod, living on Consimni
street, near Eleanore, Friday moraine
and which was later reported to Dr.
Oscar Dowling. of the state board of
health, may be the basis for the fffln
of charges against an uptown baker
Monday, charging him with condnotlng!
an unsanitary bakery.
ACRES OF DEAD FISH
LINE SHORES OF LAKES'
Memphis, Tenn., July 19. live Ha DM
dred acres of dead nan line the shores
of Wauponeca Iake, ait the Waoponoca
Gun Club's reserve in Arkansas, ac
cording to reports received here. LaclC
of rain is assigned as the caune.
The lake, scarcely more than two feet
deep at the deepest point, originally
covered 1.500 acres of ground. During
the last few weeks the lak? has dried
rapidly and unless heavy rains come
won the entire sheet of water is apt
to evaporte.
Strength, One
Bet, Other Hurt
a stable near their homes, formerly
occupied by the police of the old lower
Fulton street station as a garage for
thier auto patrol wagon. Mrs. Weir
was the first and last of the disputants
to be hoisted. She had risen ten feet
above the ground when Mrs. Flynn
lost her grip.
When Patrolman Conway, of the
Poplar street station, entered the
station in response to what h
thought was a full-sized riot, he found
Mrs. Weir in a heap on the floor and
Mrs. Flynn bewailing the hour that she
ever made a bet. Mrs. Flynn accom
panied her injured companion to the
hospital and promised lo visit her
every, blessed day. ,
r. .. -J

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