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WANT ADS Ecaili Thousands in a few hours' time. EVENING CAPITAL NEWS THE WEATHER. Snow tonight and Sun Vol. XXIX EIGHT PAGES BOISE, IDAHO, SATURDAY, JANUARY 11,1913. No. 177 FIELDS IS LEFT OUT IN COLD BÏ TAYLOR Progressive Leader Is the Only Senator Not Given Chairmanship EXPLANATION MADE BY LIEUT. GOVERNOR Declared That There Were Not Enough to Go Around —Anti-Race Track Gamb ling Bill and Other Meas ures Introduced. The senate today went on record as protesting against the unjust imposi tion of the quarantine placed upon Ida ho products by California, when, by j unanimous vote, tlu senate concurrent resolution No. 1. by Robinson, was passed under suspension of rules; the membership of the standing commit tees was announced, bills providing for the abolishment of racetrack gambling, securing bank depositors against loss in the event of failure of depositories, regulating motor vehicles, and provid ing for an assessment against automo biles 10 be used in paying interest on the bonded indebtedness of highway districts, and a measure authorizing the commencement of civil'suit against any .'rogation district, were introduced and the senate took a recess until this alter«.'on at 2 o'clock, at which time further action will be taken on Rob inson's motor vehicle bill. In aflnounceing his appointments to ommittees, President Taylor deliv ered a short address, in which he sought to prove groundless any suspi cion that his appointments might have boon made through favoritism, political advantage, or through any reason other than the fitness of the men appointed, for the work of the several commit tees. Senator Fields of Latah, who, pre vious to the convening of the session, had made a fight for president pro tern, was the only senator not given a chairmanship. Considerable comment over the ''coincidence" was made by many of the solons of Progressive tend encies. The further fact that the places assigned to the senator from Latah, on the committees to which be was ap pointed, amount to practical excom munication from the regular party ranks, was also noticeable. Taylor Makes Explanation. In announ 'ng the appointments the lieutenant governor said that, since there were not enough committees io* go around, that one senator must, of necessity, be left without a chairman ship. It is understood, however, that Senator Fields will very likely draw the chairmanship of the committee on auditing of expense l ills of the sonate. In the event that such a committee is recommended by the committee to which Defenbach's resolution was re ferred. Senator Hanson of Shoshone was given chairmanships on two important committees, judiciary and rules, while Senator Hart of Fremont, as had been expected, was made chairman of the Important state affairs committee. The committees, as announced this morning, are as follows: The Committees Judiciary—Hanson, Edgington, Hed rick, Fairchild, Hunt Finance—Lee, Haight, Goodnight, Robinson, Davis Rules—Hanson, Hart, Macbeth State Affairs—Hart, Hunt, Barton, Baldridge, Macbeth Banks and Banking—Haight, Davis, Robinson, Defenbach, Dunning. Privileges and Elections — Barton. Lee, Johnson A. G., Hedrick, Han son. Education — Robinson, Shepherd. Goodnight, Fields. Dunning. Irrigation and Water Rights—Hunt. Haight, Johnson P. W., Luck, Reed. Agriculture—Johnson A. G., Sweet, Dunning. Livestock—Davis, Lee, Hart. Fish and Game -Johnson P. W., Luck, Barton, Shepherd, Reed. Public Lands—Hedrick, Defenbach, Fields. Corporations — Edgington, Hunt, Johnson P. W.. Goodnight, Macbeth. Mines and Mining—Macbeth, Hed rick, Hanson. Military and Indian Affairs—Sweet. Luck, Fairchild. Counties and County Boundaries— Defenbach, Robinson, Borden, Davis, Baldridge. Highways, Bridges and Ferries— Goodnight, Sw'eet, Johnson A. G., Bor den, Edgington. Public Printing—Borden, Johnson A. G.. Sweet. Engrossed Bills—Fairchild, Shepherd, Lee. Enrolled Bills—Luck, Johnson P. W., Reed. Immigration and Labor—Shepherd, (Continued on Pape Eight) DEADLOCK IN THE CONFERENCE IS STILL UNBROKEN Turkish Delegates Confirm Report That They Will Leave London if Allies Do Not Recede. London, Jan. 11.—No sign of loosen ing the deadlock in the Balkan situa tion is yet in evidence. In the mean time the world awaits the fall of the long beleaguered fortress of Adrianople and is waiting with close interest what effect the collective note to be handed Turkey by the embassadors at Con stantinople of European powers will bave on the Turkish government. The Italian ambassador to London said that, if the powers press Turkey to cede Ad rianople, concession will be necessary concerning the Aegean islands. The Turkish delegates confirm the report that they will leave London next week for Constantinople if the al lies do not change their minds. One Turkish envoy said: "We are glad Europe has learned what sort of swine herds these Balkan peoples are. We know them of old." APPLICATION OF MRS. GUGGENHEIM DENIED BY COURT Want of Equity Given as the Reason for Action— Sought to Have Divorce Decree Annulled. Chicago, Jan. 11.—The application of Mrs. Grace Brown Guggenheim to have! her divorce from William Guggenheim j annulled, was dismissed today for want | of equity. She based her application' on the allegation that when she oh-1 tained her decree she swore erroneous- i ly that she was a resident of Illinois. She married the millionaire mining and smelting man in 1900, and was divorced the next year with alimony in the lump sum of $150,000. Since the di vorce both parties have remarried. ELBERT HUBBARD IS FINED FOR SENDING OBSCENE LITERATURE Buffalo, N. Y.. Jan. 11.—Elbert Hub bard, of East Aurora, N. Y., indicted on six count, by the federal grand jury for sending immoral matter through the mails, pleaded guilty before Judge Hazel today and was fined $100 on one count. Sentence will lie suspended during good behavior on the other five counts. HIGHWAYMEN TOOK THE BAIT AND ONE IS FATALLY INJURED New York, Jan. 11.—A squad of de tectives baited a trap for highwaymen with a 60-year-old bank messenger and satchel containing $3400. The high waymen took the bait. One was shot i and may die. The messenger was beat j en senseless, and probably has a frac I lured skull, and a pitched battle, with j bullets peppering like hail, was fought I on the outside. The wounded robber ] was captured, but the other escaped. TO CONTEST SEATS OF UTAH SENATORS Salt Lake, Jan. 11.—-At the opening of the Tenth Utah legislature, next Monday, contests against the seating of two newly-elected Republican repre sentatives will be filed. It is charged by the Democratic organization that. William J. Seeley ami L. R. Anderson are holders of the state offices, and that to seat them would he in violation of the Utah constitution. The Re publicans still will have a majority, even if the contests are upheld. Much important legislation will come before the* session. Honors for Noted Rabbi. Philadelphia, Jan. 11.—Eminent rep resentatives of numerous religious de nominations gathered in Keneseth Is rael Temjple this morning to aid in the celebration of the Rev. Dr. Joseph Krauskopf's twenty-fifth anniversary as rabbi of Keneseth Israel. Dr. Krauskopf is regarded as one of the foremost Hebrew teachers and schol ars in America. To the public at large he is best known as the founder of the National Farm School, in which Jewish boys are trained in practical and scientific agriculture. / .6 $ i Spokane Spokesman-Review. ''All I did was growl a little." WILSON IS ASKED TO SETTLE THE ILLINOIS FIGHT The President-elect Called on to Take a Hand in the Speakership Contest Be tween Factions. Chicago. Jan. 11.—The Democratic state leaders have planned to present the Illinois speakership problem to President-elect Wilson in the hope that word from him will solve the difficulty. Back of the speakership fight rests two seats in the United States senate and the dominant party fears that the squabble may prevent electing one or both of the senators. The speakership fight is waged by factions led by Roger C. Sullivan and Governor-elect Dunne. The latter holds that no man who joined in the election of Lorimer should wield the gavel. Sullivan's candidate for speaker supported Lorimer. The Progressives and Socialists are watching the fight, hoping to profit by the disagreement. WILSON WILL SPEAK AT CHICAGO TONIGHT Chicago, Jan. It.—Governor Wilson's visit to Chicago is looked forward to with interest by members of the Com mercial club, whose guest he will be. The presldent-eleet is to give an out line of the policy of the coming ad ministration in his speech tonight. LABOR LEADERS MUST FACE TRIAL AGAIN Los Angeles, Jan. 11.—Anton Johann sen, the San Francisco labor leader, who with Olaf A. Tveitmoe and Eu gene A. Clancy, of San Francisco, and J. E. Munsey, of Salt Lake, were in dicted a year ago by the federal grand jury here on the charge of conspiracy to transport dynamite, have arrived here and will appear before the federal court on Monday for trial. WANTS DAMAGES FOR LOSS OF HER TOES Provo, Utah, Jan. 11.—What is the value of a young woman's toe? The question has been answered in the Fourth district court, where suit I Idaho Supreme Court Last Word In Judicial Reaction More Editorial Comment on the Capital News Contempt Case. The Spokane Spokesman-Review and the Portland Journal are two more strong newspapers of the country which condemn the principle laid down by the supreme court of this state that courts, setting themselves above the legislature and denying to that representative body of the power of the people the right to define the crimes for which citizens of the state may be condemned, imprisoned and fined, and claiming the right to define crimes, complain against citizens, constitute themselves juries, judges and prose cutors and finally Impost sentence limited only by themselves. These news papers discuss the question as follows: A JUDICIAL JOSS. (Portland Journal) Even the bolts and bars of a prison cannot shut in a principle. It is not the jailed newspaper men that the country is condemning at Boise. It is the Idaho supreme court that is under almost unlverai censure. The whole United States has taken note of the court's action, and scarcely a voice is lifted in defense of the judges. Everywhere it is being said that the jailing of the men without a trial by Jury and without right of appeal closely con cerns the whole question of human freedom, and that it presents an issue that must be speedily solved. The weapon used by the court is a hand-me-down. When the gov ernment was organized the con tempt prerogative passed into vogue in American courts from use in the courts of the colonies. Its authority is the English common law dating back through centuries and made up mostly of judicial decisions. That the court had the power to try Its own case against the news paper men, that It hud the right to try them without a jury and deny them the right of appeal is not de nied. Exactly such a power should he expected in a jurisprudence de rived from such a source, a source in which kings claiming divine right often made the law and acted as super supreme courts. It is such a judicial system, modified only by the New York revision of 1848, and made- worse in many ways by more judge-made precedents under which our litigation is conducted. It is under such a system that our criminals are tried. It is such a system on which our courts are founded. It is such a system that many of our lawyers worship with the idolatry with which a heathen worships a joss. It is such a system that the majority report of the Ore gon judiciary commission says needs Hut little change. The power that was exercised in Idaho can be exercised in f^regon. One reason why it has not been ex orcised in Oregon in recent years is that Oregon has saner judges. An other is that the sequel in one case in which it was employed in Oregon stands as a popular protest and a powerful warning. The insistence on clinging to these old legal Josses is Bourbonism. It is a lawyer's stamlpatlsm. It is re is filed by Miss Irene Berry « t Springsvllle against Dr. F. A. Graham, a dentist with Hiiropodous aspirations. For the loss of two toes Miss Berry asked $1262.50 each. 1 n her complaint she relates that she applied to the den fusal to move forward in step with progress. The two Idaho judges in their ac tion were the last word in judicial reaction. They are militant reac tionaries, and like all reactionaries, political and otherwise, they become blinder the nearer they get to doom. AN IDAHO ATTEMPT TO THROT TLE THE FREEDOM OF THE PRESS. ( Spokesman-Review') During the presidential campaign in Idaho last year the supreme court <>f that state struck the names of the Progressive party's nominees for presidential electors from the offi cial ballot. The decision was a technical one and was disputed by many who had studied the Idaho law* as to elections. Mr. Roosevelt was indignant and expressed his views. They were published by the Associated Press as a general telegram which ap peared in newspapers all over the country. The Capital News of Boise, Idaho, published the Roosevelt opin ion as news and the state supreme court construed its course as con tempt of court. The fact »hat the case of the pres idential electors had already been disposed of before the criticism of the decision appeared makes it im possible to share the court's charac terization of the criticism as con tempt. Then the court that w r as criticized and therefore was not an impartial body itself tried the case of the stockholder, publisher and editor whom it had charged with contempt. In view or all the facts and cir cumstances it is inevitable that its decision of this contempt case should fail to he Indorsed by the majority of the thinking people of Idaho. The vitiating fallacy in the deci sion is that it ignores the funda mental right of the citizens and press of u nation to çritlcize the courts that they have created. This su premo court in effect sets the creat ure above its creator. The court has gone out of its way to find grounds for justifying its de cision. Its judgment is farfetched. When it speaks of alleged "vilifying the courts" as the cause of "more than 100 criminal cases of dynamit ing," it drags in matters that have nothing to do with the case under consideration. tist for relief from iwo corns. He re moved the corns, but later it became necessary to remove the toes also. The plaintiff is not a "premiere danseuse," and says that is why she does not ask more. ADHIRAL'SORDEI IS INVESTIGATED BY DEPARTMENT Belligerent Billy Goat Gets Doyle in Bad at Washing ton—Sailors Want Their Pets Back. Washington, Jan. 11.—When •'Whis kers," the belligerent billy goat of the battleship New Hampshire, butted Rear Admiral Doyle on board the ship at Norfolk, he also butted that officer into an Investigation at the hands of the navy department. While suffering from wounded feelings, the admiral or dered all pets from off the ships under his jurisdiction. The department now' wants an offi cial report of the order, and the rea sons therefor. The department is in clined to sympathize with the sailors, for mascots do little harm, and go a long ways to keep the men contented. In the meantime, the saddened sailors plucked up hope while a motley colle* tlon of livestock, ranging from the goat to the White Pekin goose, are held ashore awaiting the rescinding of the order. INDIANS PUT OUT OF WAY DECLARES WOMAN WITNESS Mrs. Gray Creates Before Indian Committee When Makes Charges. Affairs , , . . . - .. .. . lered to get them out of the way; that , 4 a Scene She Washington, Jrfn. 11.—Mrs. Helen Pierce Gray, who, as investigator of Prow Indian affairs, has been the cen ter of more than one storm, created a tumultuous scene before the Semite In dian affairs committee today when she charged that Indians had been mur Seeretary Fisher and Senator Dixon had made statements "deliberately un true" and that If she had an oppor tunity to produce all her evidence Sec retary Fisher would be connected up with one of the most gigantic steals going on in the United States today. The secretary and senator objected vigorously to her being permitted to make such general charges. Members of the committee demanded that Mrs. I Gray produce proofs and Secretary, Fisher agreed readily to produce any ! evidence in his possession. The hear ing, which was on Senator Townsend's resolution to send the Crow records to the department of Justice for investi gation, went over to next week. RAIN IN OHIO VALLEY MAKES THE FLOOD Cincinnati. Jan. 11.— The rain throughout the Ohio valley yesterday and last night is expected materially to affect the flood situation here. At 8 a. m., the stage of the Ohio river was 52.1, and it was rising at the rate of .2 fo:>t per hour. The stage of 53 feet will bring the water into the Central Union railroad station, and 55 will prevent trains from running into the depot. The water has already invaded the houses in the low-lying districts, but no serious damage has been caused. WOMEN ESCAPE FROM THE JAIL AT OGDEN Ogden, Jan. 11.—Swinging them selves out by a rope made of braided strips of blankets, two women pris oners, during a blinding snow storm, let themselves down from a high sec ond-story window of the city jail, early yesterday, and escaped. The police are conducting a diligent search, but it Is thought that accomplices have taken them out of town. Mrs. Mary McGill, serving 120 days for aiding her hus band, John Gill, in drugging and rob bing a man, and Mabel Wilson, who had served IS days of a 25-day sen tence for vagrancy, are the women who made the daring escape, McGill broke from jail in a similar manner 10 days ago. Yesterday he called up Jailer Higbert Anderson from a Salt Lake telephone, and asked what It would cost to get his wife out of jail. When told a dollar a day for every day she had to serve, he slammed up the re ceiver. Jailer Anderson said lie was sure that he placed the women in their for the night, hut added naively. ll ! IJ guess I forgot to lock the cell door." BUT ONE PLACE SETTLED Bryan tor Secretary of State the Only Certainty MANY ARËMËNTIONED FOR THE PORTFOLIOS President-elect Wilson Is Keeping His Own Counsel and Giving Out No Inti mations as to Appoint ments. By J. A. Mathews. Washington, Jan. 11.—Out of all the gossip that has floated to Washington from Princeton, New Jersey, concern ing the make-up of the new cabinet but one thing seems definitely settled William J Bryan will be secretary of state. There has been no question about this place being offered to Mr. Bryan since the election. The only question ♦here has been at any time was whether Mr. Bryan would accept. The correspondent of the Capital News is informed by a Democratic senator who is one of Mr. Bryan's clos est friends that the commoner prac tlcally decided before the holidays that when the place was formally tendered to him, he would accept as a matter of duty to his party. Mr Bryan's choice of a cabinet place was not limited to the portfolio of state, lie was offered his choice of cabinet positions. Mr. Bryan told one of his close friends in congress that if he followed his personal inclina tions. he would prefer to he secretary of the treasury, because of the oppor tunity it would give him to carry out .certain policies. But he explained that . . . . „ his appointment as secretary of the ' treasury would embarrass President Wilson's administration because it would precipitate a panic. Mr. Bryan express the opinion that Wall street would force a panic if an announce ment were made that he was to be the secretary of the treasury. Many other names are mentioned for the cabinet but a Democrat who was identified with the management of the national campaign for Governor Wil on and stood in a relation to that ampaign which has brought him into confidential relations with the presi dent-elect said today that nothing was definitely settled except that Mr. Bryan is to be secretary of state. The names of other prominent Democrats are under consideration but. the ques of their assignment to particular port folios is still unsettled. For example, Josephus Daniels, of North Carolina, is almost certain to go into the cab inet. He may he eitho.* postmaster general or secretary of the interior. Congressman Albert S. Burleson of Texas, is equally in high favor and may get one of the two high phares for which Mr. Daniels lias been under con sideration or what Is more probable, become secretary of agriculture. Mr. Burleson is a practical farmer and has been very successful managing large plantations In Texas. President-elect Wilson Is keeping his counsel. Democratic senators and representatives who go to confer with him are listened to patiently and treat ed courteously but they come away with very little information. The most (Continued cn Page Six.) Abe Martin 3 What's become o* th' ole time housekeeper that alius had a Jerusa lem cherry tree in a t'mater can set ! tin* on th' window' sill? It's hardly worth white t' take a basket V market jany more unless you're out o' turnips.