Newspaper Page Text
EI Paso, Texas,
February 7, 1910.-12 Pages
All the News
Herald Prints It First
While It's Fresh.
Bayner Declares Welfare
Clause Would Sweep to
Oblivion State Rights.
Washington, D. C, Feb. 7. Admitting
that he had given no consideration to the
merits of the postal savings bank bill
and declaring that he was not influenced
by the banking interests, senator Ray
ner 'today addressed the senate in oppo
sition to the measure on purely consti
JI have not," he said, "been able to
find any constitutional ground -whatever
for this measure. No one who "has
read the constitution of the United
States will contend for a moment that
it comes under any of the express pow
ers of the instrument and the utmost
that -will be claimed for it, I suppose,
is that under the ISth clause of section
8 of article 1, it is a necessary and
proper law to carry into execution the
"I have searched in vain for any de
cision sustaining this contention. It is
not a la-w necessary and proper to carry
into execution the clause which gives
congress the power to borrow money on
the credit of the United States, because
this enactment, does not purport to be
for any such purpose."
Conceding that the government has a
right to organize a bank as an instru
mentality of government, he contended
that no such purposes were embraced
iwKhe pending legislation. He also ar-
gned against any possible contention
that the proposed law was authorized
by the constitutional provision regard
Mr. Itayner took up a statement made
by Mr. Burkett that authority is found
for the legislation under the general
welfare clause. He declared there is no
general welfare clause in the constitu
tion as an independent grant of power,
that no text writer, no commentator, and
no court has ever announced the proposi
tion that senator Burkett contended
"I know the constitution under the last
administration was in a state of col
lapse," continued ilr. Rayner, "upon
a number of occasions upon this floor
I attempted to show how it received blow
after blow until It was almost sent stag
gering to its grave. The predecessor of
our present president, what ever else
he may have been, was not a student
of the constitution; he did not care for
its restrictions and did not consider
himself- bound by its limitations.
"We have an occupant of that office
now who Is thoroughly familiar with
the landmarks of his power who with
his judicial temperament will not only
hold himself in equilibrium, but pro
poses to hold in proper poise and bal
ance the checks and safeguards of gov
General "Welfare Clause. -
"He has never said in his message to
us under what grant or constitutional
power he has proposed this important
legislation. One thing i ieel sure or and
that is that he will never regard the
general welfare clause of the constitu
tion as an independent grant of power.
Such an interpretation as this would
convert us into a centralized govern
ment of inherent and unlimited func
tions; would sweep to oblivion the re
served rights of the states; would ren
der the enumerated powers of the char
ter absolutely superfluous and unneces
sary. "It would give congress the right to
pass any legislation whatever that may
in its aroitrary discretion or irom po- t
Illlcal motives, it may determine upon,;
and in my opinion, destroying thev au
tonomy of the states and obliterating
the inviolable decision of tbejj AOfchj
amendment. , It would make sucha -gaTp
lng wound in the heart of the ConstjrfuJ
tlon that the blood that gave ltlife;
would wither in its veins." mJ? '
Frank C Tays,i car inspector South
ern Pacific railway, located at tucson.
Is in the city on business.
fashionabe(k;hurch women involved
HIS'SINS AND FL
Denver, Colo., Feb. 7 "ft .Have sinned."
Just three wordsi contained in a let
ter to the presiding elkier-'of the Ta-
coma, "Wash., conferencWof the Metho
dist Episcopal church V'bufe they tell In
eloquent language of ifie'alleged down
fall of the Rev. McSZendree A. Casey,
D. D., one of the mcpstp"rominent cler
gymen in the west. vho began his min
isterial career in Pjueblo 18 years ago,
and who is still'jgiremembered lovingly
in Denver, where, Jin XS93. he was the
pastor of thesGrantStreet Methodist
Episcopal churcjn, says the De-nver
News. - 4f
Dr. Caseyaileged indiscretions im
plicate a numbttf6fiwell known church
and society rtrQment of Tacoma and Ev
erett, TVash. TlThe: clergyman was in
charge of. theAfashionable First church
in Tacomafiwrhejis lie s saJd to nave
theFtemptation to which
I DEAL A T MARA THON
3Ijirathon, Tex., Feb. 7. SresKrs.'-McIntyre and Beeklcy have sola to Joe
IrriH-fe, of Alpine, Tex., 51,200 acres o land, together with nliont 3000 head
of cyfttle. "W. J. rclntyre furnishes 2S,1G0 acres and Dr. Beekley the balance
of. 3,040 acres. The consideration Is Komething over $200,000. A greater part
ofikiK land, especially that portion laying near and east of Marathon, is good
tm mini; land.
tThI, with the big ranch he already
I, In this part of the country. Th e
Ills, end runs In a continuous belt t.o near Warwick, about 12 miles east
illarathon, and is estimated by persons here at 12S,000 acres.
United States Government
Experiments With View
Washington, D. C, Feb. 7. Fire,
stolen from heaven by Prometheus, ac
cording to ancient Greek mythology,
and as a blessing brought by him to
earth in a hollow reed after Zeus had
deprived mankind of it, levies upon
Americans each year an enonmous tax
calculated by United Stata government
officials at almost a mHlioa and a Tialf
dollars a day and 1499 lives a year.
As a result of an investigation just
concluded by officials of the United
States geological survey it has been
ascertained that cheaper fireproof ma
terials can be used to advantage in con
struction, that three to six- tiiuc3 the
necessary amount of material is habitu
ally used in structural work in the
United States, that the building coi
are laxly enforced, that the fire loss in
the United States is eight times as much
per capita as in any country in .Europe
and that the great fire waste in the
United States is due principally to the
predominance of frame buildings and to
defective construction and equipment.
Fire Proof Tests.
Contrast between the small losses by
fire to government buildings and the
immense losses reported from the coun
try as a whole led the geological survey
to make an inquiry as to fire losses in
the United States and as to their exact
cost to the people. Tests to determine
the strength and fire resistance of build-
materials are still being made by
the survey, and although these tests
are designed primarily to meet the needs
of the government as the largest con-Jr
sunier, their results are available
anyone for general use.
Not one person in a thousand knows
that the United States crovernmuur ow-ns
! buildings that cost more than $300,00,-
UUU and is spending $20,000,000 a year
j for new buildings. It will be a sujprise
to everyone, too, to learn that npt one
cent of insurance against loss Jby fire
is carried on these valuable buildings.
Insurance at the ordinary raje would
cost more than half a million,' dollars a
year, and the government avoids this
great tax by constructing buildings that
are securely fireproof.
To attain this degree of security from
fire for government buildings the gov
ernment has gone tO'considerable ex
pense and the results obtained fully re
pay the outlay. Frtfm these tests to de
termine the strength and fire resistance
of building material it has been deter
mined that American builders can with
safety use cheaper fireproof materials
than they do. Xt has been learned that
the difference In cost between fireproof
and inflammable buildings is less than
generally supposed and the officials pre
dict that this difference will soon be
come so small that it will cease to en-
COUrage the construction of flimsy
buildings It has been found that three
to six Umes the necessary amount of
material is habitually used by American
builders in structural work. The neces-
l sity also is shown for better building
codes in cities and especially of a better
enforcement of the codes already enact
ed i the present enormous fire losses
are.'to be diminished.
J Cost of Fires.
After a careful investigation it has
been determined that the total cost of
f,4res in the United States 'in 1907, ex
cluding that of forest fires and the ma-
riiie lossec fin -themselves extensive) but
induing cost of fire protection.
,lnp, to Dad construction and ex
due to bad
cess premiums over insurance
paid, amounted to the enormous sum
of over 4aU,4u,uuu. a tax on uie
'American people exceeding the total
value of all the gold, silver, copper and
petroleum produced in the United States
in that year. The cost of building con
struction in 1907 In 49 leading cities of
the United States reporting a total popu-
(Continued on Page Two.)
ministers of the gospel are supposed to
be immune and the affair Yje. created
an intense sensation in church circles
throughout the state. Dr Casey is
thought to be in seclusion somewhere
in California, presumably at Dos An
geles. The disappearance of Dr. Cases came
after several young women, whose lives
were supposedly above reproach, had
made alleged confessions regarding
their relations with him. There had been
rumors floating about for a consio
erable time regarding the minister's
alleged Immoral conduct, but the ru
mors received little credence, owing to
Dr. Casey's great popularity.
To show their complete confidence in
their pastor, the congregation gave Dr.
Casey a vacation last fall.
The confession and disappearance of
the pastor was therefore a genuine sen-
ownsc, gives Mr. Irving the Inrgest
ranch, complete, Httirtn near Fort
One Man, Going to Find a
lew Home, Killed in Car
With His Household Ef
fects. ACCIDENT NEAR
Out of the fog appeared the two
swaying, breathing engines and with a
thud they met, headon. Air brakes work
ed too slowly, and by the collision one
life was taken, one man injured, and
four freight cars demolished on the Tex
as & Pacific, three miiles east of Sierra
Blanca, at 3:15 this morning.
Biding in an emigrant car with Ms
horses and household furniture, W- Ff
McGonagill, of a well known Texas fam
ily, was killed outright, althought his
car was not overturned. W. T. Brown,
engineer of the west bound freight train,
suffered a badly sprained right leg,
while engineer William Garlick, of Fl
Paso, driving the east bound freight,
The body of McGonagill will arrive in
El Paso about G oclock tonight on the
delayed T. P. passenger train. Engineer
Brown was removed to his home In
Toyah. Word of no other injured man
has reached this city.
Sudden death came to W. F. McGona
gill when his affairs were lightened by
the hope of a new endeavor. He had sold
his ranch at San Angelo, and was mov
ing to a recently purchased farm near
Clint, where a brother, J. A. McGonagill,
already had located.
A wife and children had been left at
San Angelo to follow bj passenger train
when the new home was ready. Another
brother, Henry McGonagill, of El Paso,
survives, as well as a number of cousins,
one. Clay McGonagill, the "roper."
A thorough investigation of the Indi
rect cause of the fatal wreck is being
made by the division officials of the
Texas & Pacific, both freight trains be
ing of that company.
Three njalhart Young Men
Are Arrested and Charged
Dalhart, Tex., Feb. 7. Complaint
was filed against three prominent
young men of this city this morning
for assault and battery on Lee Traver
sey, a hypnotist subject, who was
i asleep -in a local store window. The i
subject was to sleep 30 hours before
being awakened at the opera house.
The three who have been arrested
applied electric batteries to the man
and burned him with a lighted cigar
and acid, while the hypnotist was ab
sent. The subject left the window and
wandered about' the streets and
through the railroad yards for an hour
before the hypnotists could ,be found
to awaken him.
Local physicians say that the man's
condition this morning Is critical.
His life was greatly endangered' by
the means used by the trio and the
cold contracted while walking the
streets In his underclothes.
TARIFF WAS WITH
GERMANY IS OFF
Washington, D. C, Feb. 7. The
threatened tariff war between the
United States and Germany is now a
thing of the past. President Taft to
day issued a proclamation in which it
Is declared that German goods im
ported into the United States are en
titled to the minimum rate of duty.
LOSES WIFE; KILLS
HI3ISELF TO JOIN HER
Tulsa, Okla., Feb. 7. Heart
broken over the recent death of
his wife, Dr. J. "W- Saunders,
aged 30. who came here from
Fitzgerald, Ga.. a month ago,
ended his life today by shooting
. himself. His family is promi
nent in Georgia.
ill fiaiiilfiw I 6 1 1 H iii! &&es&!
-9KT3.SS X-WKvaSsW . .
ReWxA - Mrfta
CEn$EL A.T THE POKT UATVlONjLi
Paris France, Feb. 7. The foreign subscriptions to the flooa relief fund now
The river Seine has fallen 16 feet from the crest. More caverns of the ctreets
and falling houses are reported as the receding waters withdraw their supporting
The cabinet today decided to ask parliament for 4,000,000 as an additional
credit necessary for the relief of flood victims.
HAS IT ACQUIRED NEW
TO HA VE BOUGHT ROA
Tucumcarl, N- 3L, Feb. 7. It is re
ported here today that the El Paso &
Southwestern Railroad company has
purchased the Tucumcari and Memphis
line from here to Memphis, Tenn., and
will take it over just as soon as It is
ready for operation.
Nothing official has been given (fit,
but it is supposed that the tour of in
spection by Dr. Douglas, president of
the Southwestern, was made for that
purpose last week.
SAVES A WOMAN
itfo Conviction of Mrs. Ford
on the Blackmailing
Cincinnati, O., Feb. 7. The second
trial of Mrs. Jeanette Stewart Ford on
the charge of blackmailing Chas. L.
Warrlner will be sel within the next
two or three weeks according to prose
cuting attorney Lunt, of Hamilton
The jury at the first trial was dis
charged yesterday after falling to
agree. It Is understood the last ballot
was eight to four for acquittal. The
prosecutor reiterated his opinion that
the failure of the first jury to reach a
verdict was the result of "k sicklv
sentimentality that makes It almost
Impossible to convict women."
PRISONERS CUT THROUGH5
JAIL FLOOR; ESCAPE
Ft. Worth, Tex., Feb. 7. Eleven
prisoners confined in the city jail made
theJr escape early this morning. They
cut a hole through the ceiling of the
jail Into the city water department, un
locked the doors and walked uncon
r None of the prisoners were charged
with serious crimes.
This is the fourth time prisoners
have escaped in this way.
- - fZTZZr 9 x J "VC'53N
V yS - ,'' v 'SVr
" i. .- 4wCv
LINE TO MEMPHIS?
General manager H. J. Simmons and
superintendent G. F. Hawks met Mr.
Douglas In Amarillo yesterday and
brought him here in a special train.
After an inspection or the Dawson
coal camps, they will go to El Paso.
Officials of the Southwestern in a
position to speak, are out of the city,
but the rumored purchase is not gen
A ci-arrk-rrr -m a t t n rtnr
On UVV JC -taJLr-LiO UN
G-. H. AT MAEFA
Cold Ware Throughout the
East, Up Into New Eng
Marfa, Tex., Feb. 7. Two inches of
snow fell here early Sunday morning,
the weather moderated and by
noon the sun had melted
Cold Along Atlantic.
New York, N. Y., Feb. 7. The At
lantic coast today is being swept by
storm and cold wave, the severest for
several years. The combination of
zero temperature and gales as high as
those prevailingMs not often being ex
perienced. It was two above in New York this
morning, and "indications were for a
continuation' all day of the cold and
Cold In Pennsylvania.
Philadelphia, Pa., Feb. 7. Extremely
cold weather prevails today In eastern
Pennsylvania, New Jersey and Dela
ware. Bodies of two men were found
in the streets of this city last night,
both frozen to death. In the mountain
sections of Pennsylvania, the mercury
fell to 10 below.
Cold Around Boston.
Boston, Mass., Feb. 7. All of , the
N.ew England states are suffering
from a cold wave which blew down
upon It yesterday. It was three below
here this morning.
Long Distance Telephone
Connection Is Completed.
IF NOT NOW,
IN FEW DAYS
Alamogordo. N. M.. Feb. 7. "Hello,
Denver," for the first time was called
by manager Homer W. Schofleld Satur
day afternoon when the A, T. T. com
pany (the Colorado Bell) connected ?
with the Alamogordo telephone syith
This line" runs by way of Socorro and
Albuquerque to Denver, and- connect
ing will the Alamogordo telephone sys
tem, EI Paso has a through line to Den
ver, Kansas City. Chicago and all in
'The manager of the El Paso & South- j
western Telephone company said to-
day that he had not been advised by J
Alamogordo that El Paso could talk to 1
Denver, but that ths ought to be pos- '
sible if certain stretches of the lineT
between here and Alamogordo- had been
filled In with copper wire. The line :
to Alamogordo belongs to manager J
Schofield. of Alamogordo, he said, and j
as soon as it was ready for Denver I
business, this would no doubt be an- j
nounced by Mr Schofield. If El Paso
cannot talk to Denver now, It can in a j
few days, anyhow. j
Move Safe tp Blacksmith
Shop and Work on -It'
With Chisels and
Weatherford, Tex., Fell. 7. Burglars
in lootiae the store of W. M. Herring,
at Ailell, 20 miles north of here, Into
Saturday nlsrht, daringly rolled the
j Kafc outdoors across the .sfreet to a
blacksmith fchop, where with hammers
and chisels they tried vainly to open
Quantities of burned matches and
cigaret stnbs xhow that the robbers
took plenty of time and worked un
molested. NEW ORLEANS G-EEETS
KING OF 0ABNIVAL
New Orleans. La.. Feb. 7. Hailing
Rex, "King of the Carnival," New Or
leans today approached, the climax of
the" Mardi -Gras festivities, the sirens
of the river craft and the cheering
thousands on shore welcomed the ap
proaching monarch as he came up the
Mississippi river and landed from the
Thf fnrmnUfi- n-f tn-rninr- nvAr tlio
kfvs of th oitv to thp kincr pnnr)nHpfI
the parade followed.
It is believed the attendance on
Mardi Gras is the largest on record.
Tulsa, Okla., F?b.- 7. Will
Gardner, aged 17, today con
fessed in the United States com
missioner's court to ' robbing
the postoffice in Sapulpa, 'He
was bound over to the federal
DAWSON ON TRIAL..
In justice E. H. Watson's court. Jack
Dawson, an employe of rhe International
Water company is being tried this after
noon on a charge of assaulting Ike Wolf
with an ink bottle. The case is being ar
gued before a jury.
Tjsyjr jo pppPSf
Unit lu bnfM
S QTRflUP ROY
WARRING CHINESE '
FEARED FOR RELATIVES AT HOME1
SIGN PEACE PACT
otin Francisco, Cnl., Feb. 7. Ten days before the expiration of the tem
porary trace, the On Ticks nnd the Tee family, tvro Chinese tonSs whose
war In the last four months has cost ten lives, signed a permanent peace
pact In thl city last night at the of fi ce of the Six companies.
The war, which started here over the abduction of a woman, spread
throughout California and finally Into other states. A natfoa-wlde feud was
threatened, but a summary Imperial edict from the Chinese government put a
sudden end to the fighting. The edict said unlesn the tougs ceased fighting,
they would be prosecuted here and their relatives In China woHld be mado
From Dalhart (Tex.) Evening Xews.
El Paso will soon rival Denver is the verdiot of men who are in a
.position to know. And there is a reason. El Puso has a newspaper
which has the city's interests at heart and the people of El Paso
stand by that paper as citizens support their booster in few Qther
communities. The Herald has reason to be proud of its circulation!,
and influence, but itj has more reason4 to be m-oiuTbf the citv and
community which supports it and
Residence Looted on Oregon
Street and Turkish Bazaar
Stripped of Valuables.
Burglars were busy in El Paso Satur
dav and Sunday nights.
One of tbe' worst of the robberies re
ported was at the home of Thomas W.
Ormond at 708 North Oregon street, ha
burglarv occurring this morning between
12:30 and 1 cclcck.
It is believed that the burglars entered
by the front door, which was open. They
went to the room of Mr. Orrnond, stole
his week's pay from the pocket of his
trousers, then went to the room of his
loyearold son. Louis, who as a Herald
carrier, stole all the money in his pocket,
took every. stitch, of clothing they could
find and even robbed him of his school
Following this, the room of Sidney
Johnson, upstairs; was- robbed, the burg
lars getting away with his gold watch, a
diamond stud and a pair of cuff buttons.
Mrs. Woodyard, who also rooms at the
house, heard someone trying to enter Eer
room and thought it was her husband
who had been out late working on plans
for a building. Jir. Woodyard came
home about 12:50 and. heard someone on
the second floor, but supposed it was one
ct the other roomers who was in the
lathroon so did not investigate. This,
morninjr when Mr. Orrnond started to
work 'he found there was no money in
his troupers- Loute found he- had no
clothes and Mr. Johnson was minus ois
cuf f buttons, his -watch- and his. diamond
Mattar's Place Hobbed.
S. M. Mattar. who conducts an orient
al store at 20S Mesa' avenue, was robbed
Saturday or Sunday night of $400 worth
of goods, the burglars taking only the
fT.icf- Tnrwlt in stock. Turkish mors.
silks, drawnwork, jewelry anu
- - J.-1 T 3.1 T-
lio-nrl'L-rMTvipf.2 -rc-fvrf stolen bv the rob
bers, who probably forced an entrance
through the rear door.
Among the things taken was one
Turkish rug valued .it $10Q.
Six weeks aso burglars forced an en
truicc through the transom over tho
front door and gol away with $800
worth cf goods. Mattar "says this is
the fourth time in three years that he
has been robbed, his home in East 1
Paso having been rifled one time and
ilis store three times.
Saturday night burglars forced an en-trance
through the rear door of the Smith
Machine company on Xor.th Gzuipbeil
street near ?an Antonio street and stole
a $225 motorcycle.
Stranger Ask WoraeH for Ride Ik
Electric Car, But 3Iovc Away When
Men Are Discovered on Seat.
After the show at the El Paso theater
Sunday night, two men made an at
tempt to get into the automobile of D.
E. Doane. of 1021 ilagoffin avenue, on
Campbell street near the alley in the
rear of the theater. 3Irs. E. B. Howe
and Miss Maud Doane were occupying
the front seat while Mr. Doane and a
man-from the garage were sitting; In- the
small seat in the rear. The man near
est the machine asked the women ia
front: "May I ride with your
Mr. Doane in the rear replied: "We
have a lead."
As Mr. Doane spoke, a second man,
who was standing near the curbing,
started toward the machine with the re
mark: "This looks like a hoodoo."
The electric sped on and the two
strangers turned away, the occupants of
the car believing that a holdup was in
COOK KILLS HIMSELF:
NOT THE EXPLORER
Muskogee. Okla., Feb. 7. W. H.
Baker, a well known chef here, shot
and killed himself In his room above
a restaurant here last night. Despon
dency was the cause.
which it was a faexor in building.