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El Paso herald. (El Paso, Tex.) 1901-1931, October 02, 1912, Image 1

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Wednesday Evening,
0doLer2, 1912 16 Pages
Leased Wire
Showers tonight or Thursday;
cooler Thursday. .
I.I ."H. riWl fi-fl
An Irrigator Cannot Take
Water that He Does Not
Actually Need..
Salt lake City, Utah, Oct. 2. -O
The Colorado resolution at-
tacking' the Elephant Butte s
dam project has been with-
drawn from the resolutions
committee. The strength or $
El Paso, New (Mexico and oth- -
er western delegations who
favor national regulation of
interstate streams proved too -O-
great for the Colorado water s
- -oo-
Salt Lake City. Utah, Oct 2. "Bene
ficial Use as the Basis for Greater
Uniformity of State Laws Governing
"Water." was the subject of an Import
ant address by C. S. Kinney, of Salt
Lake, before the National Irrigation
congress last night.
"It Is a well settled principle of the
law of waters of this country, and one
which has been decided by the supreme
court of the United States in a num
ber of cases, and strenuously insisted
upon by the states, that each state of
this union has the right as sovereign,
to adopt such law or laws governing
and controling the distribution and use
of water flowing or standing within
its boundaries, as It sees fit." said he.
"It Tnnv Hftprmfno r itiolf wliAn
the common law of riparian rights or
the arid region doctrine of appropria
tion shall control. No state can legls
3ate for, or Impose its policy upon an
other state. Neither can congress en
force any particular rule in this re
spect, upon any state. (Kansas vs.
Colorado, 206 U. & 45, 51 L. Ed. 957, 27
Sup, Ct Rep. 655).
"Although there has been no con
current action, the laws of the various
states of the arid or semi-arid west,
due largely to the physical cause of
the creat scarcltv nf irntor yvt --
ually been becoming more and "more j
uuuucm wim ea.cn otner. xms is true
especially during the last decade.
Water's Greatest Duty.
"The question always is. under what
law or system of laws can a given
quantity of water be made to do the
greatest duty? Hence, the adoption
by the courts of the rule of beneficial
use; or, as afterwards stated in statu
tory language. In -many of the western
states: 'Beneficial " use' shin be the
basis, the measure, and the limit of
the right to the use of water in this
"This rule, although enforced by dif
ferent methods in the respective states,
has probably- been the- -greatest Influ
ence tending toward uniformity of
laws between them. The ultimate end
is the same, although the means or
arriving at such end may be different.
"From a legal standpoint, as known
in this western country, what is the
beneficial use of water? It may be
stated as follows; It is that the quantity
of water which can be lawfully claimed
under a prior appropriation is limited
tp that amount which is needed, and
within the amount claimed, which
within a reasonable time is actually
and economically applied to the bene
ficial -use or purpose for which appro
priation was made, or to some other
beneficial use or purpose.
Tie Water Hog.
"The time has passed in the history
ot Irrigation and water rights when
an appropriator can lawfully claim all
the water in sight by virtue of his his
appropriation, or as was recently stated
in an Oregon case, to keep all you get,
and get all you can."
"So, where you see a water hog who
had rather raise tules than alfalfa, cat
tails than 'grain, goose-grass than po
tatoes, while others on the same stream
are suffering for the want of water,
take the tip that he is claiming and
using more water than he Is entitled
to, and go and claim a portion of It.
and see how readily the courts will
support your contention. The ultimate
question for the court to determine in
such a case. Is how much water the
prior appropriator required to prop
erly irrigate his larid. not the quantity
of water covered by his claim, not the
carrying capacity of his ditch, but
what amount he had actually applied
economically and without waste for a
term of years prior to the time when
the subsequent appropriator made his
claim. (Salt Lake City vs. Gardner,
Utah. , in Pac. Rec. 147).
Rule of "Beneficial Use."
"The rule of beneficial use has also
had Its effect in damage suits, and,
therefore, has caused greater uniform
ity of decision by the courts In cases
of this nature. Neither appropriators
nor riparian proprietors have the title
to the water while It is still flowing
in the natural streams. Their right
in either case is merely unsufructuary.
Or in other words, they may own the
right to the use of a certain amount of
the water a3 long as they actually ap-
(Continued on page four)
B?iaxa2n':bec.?,0ct 2- Ten children of Alexander Gravel, ranging in age
from 18 months to 15 years, of this place, were burned to death today.
JfT and his wife -wrcre away from home and returning, found it in flames.
They were unable to aid the children, whose deaths they witnessed.
Tony Rojas wants to quit. He has sent one of his staff officers, Tony
being ngeneral, to El Paso to communicate with the Mexican government,
transmitting his wishes in the matter.
"Gen." Rojas wishes amnesty for Ms 420 men -which are now In Sonora.
tne officer who Is In EI Paso says. For himself, he being of some Import
race In things revolutionary, Rojas wishes nothing better than to come to the
United States, the home of free speech, and free lunches.
These facts and wishes have been transferred to Mexico City and the
representative of rebel Rojas will remain In EI Paso until an answer is re
ceived. Rojas Is basing his request upon the offer made to Gen. Orozco by the
government of Mexico that he wonia be granted amnesty If he would surrender
with his force.
Mexican Consul and His
Chief of Spies Arrested;
Also Two Army Officers.
Douglas, Ariz., Oct. 2. Manuel Cuesta,
Mexican consul Powell Roberts. Ms se
cret agent, and first Lieuts. Holderness
and Howard, of the ninth cavalry, were
arraigned this morning m court here
charged wjth two criminal offences,
"forcibly entering the Hotel Mexico"
and "assault with deadlv weapons." ,
They pleaded not guilty and their
trial was set for next Monday. "
Cuesta denies being present, Roberts
claims a legal right to search without
a warrant, and the soldiers declare they
were acting under orders from their
All were arrestod yesterday afternoon
and released on bond.
The arrests follow a raid of the Mexi:
can authorities and the United States
army officials after the county and
state authorities denied them help. They
raided a hotel, but failed to find any
suspected rebels.
A few days ago the county authorities
were asked to arrest Joaquin Esquera,
a supposed rebel leader. The county
authorities refused to issue a warrant
or make the arrest.
Meanwhile, it is said, Col. Guilfoyle,
commanding the ninth cavalry, received
orders to arrest any rebel leader found
on American soil.
Mexican and United States secret ser
vice agents traced the alleged rebel
leader to the Hotel Mexico. Accom
panied by the Mexican consul, Powell
Roberts, of the Mexican secret service,
and a troop of tho ninth cavalry, and
secret service men of both governments,
demanded the right to search the hotel
for Esquera. Being refused, they
searched anyhow, by force.
consul uuesta and .ttoDerts are out
on bail of $500. with James Taylor, a
local mining man and C. P. Robertson,
an El Paso cattleman, as sureties.
Tha two officers were allowed their
liberty on their own recognizance.
Officials Slake Deep Probe.
Local officials, .while determined to
probe to the bottom of the affair, say
they are now convinced that the mili
tary officers were made catspaws for
the Mexican consul and his secret
service. They had been led to Re
lieve that Esquera was in the hotel,
and had received specific orders from
the secretary of war to "get him
and get him quick." They had been
led to believe, it is said, that Roberts
was . a civil officer of the United
States, and had a." search warrant in
his possession. They found at the
last minute that he did not have I
i i..,. .... .
.t, kui upvu ;jsu.an.ce. npwever,
that Esquera was in the hotel,
decided to proceed with the search.
They were much, chagrined when
they found they had been made tools
of the consul and his "gum shoes."
Local indignation is high against
Cuestra and Roberts, both of whom,
it is alleged, on several former oc
casions, have secured the illegal
search of houses here, using any offi
cials gullible -enough to accept their
statements as to the hiding places of
arms and ammunition.
Local authorities will also investi
gate the reported carrying of deadly
concealed weapons by Mexican secret
service men, all of whom are said to
go armed, contrary to the laws of the
state. The courtroom was crowded
this morning with curious people.
Several Federal Officer., Are Killed:
Rebel Are Reported as Re
treating Before Federals.
Eagle Pass, Tex, Oct. 2. Two hun
dred and five were killed in a battle
between Mexican rebels and federals
at Aura pass, not far from Monclova,
Mex.,v on Monday evening, according to
reports that reached here today. Seven
federal officers were reported killed
There were about 500 men on each side,
the federals being commanded by Gen
Blanquet. Last night the rebels re
treatcd In the face of federal reinforce
Reports of a battle yesterday in
which rebels under Gen. Pascual Oroz
co, jr are said to have been repulsed
were received last night by the Mex
ican consul here. The engagement oc
curred near Musquiz, on the National
railwavs. S5 miles south of Eagle Pass,
Tex. According to the report. 200 fed
eral troops defeated 500 rebels, with
heavy losses on both sides. Federal re
inforcements are said to be pursuing
the rebels.
Mexico City, Mexico, Oct. 2. Minis
ter Lascurain. of the foreign office, said
last night that the government would
not send troops through Texas, but if
necessary would send them through
Mexican territory close to the border.
More than a Million Armed
Men Being Sent Out by
the Balkan States.
London. England, Oct 2? All of the
Balkan peninsula is being transformed
into an armed camp. Upwards of a
minion men have been ordered to
assembled to .-decide once for all the
question oi changing the conditions of
the Inhabitants at, the European
provinces of Turitey.
The effect of a demonstration of the
military forces of tho Balkan states
is first to be tried. For this purpose,
Bulgaria, Servia, Greece and Montene
gro have ordered the mobilization of
. their entire available armies.
Four States To Act Together.
The four states of the new Balkan
states are rapidly organizing to act to
gether in arms for the first time
against the common enemy Turkey.
The Ottoman authorities are no less
busy, while it Is seen from dispatches
from Vienna that Austria will find it
impossible much longer to refrain from
taking military precautions in order to
keep the Servians from encroaching
upon territory which Austria-Hungary
insists must remain part of Turkey
and not become an adjunct of Greater
The slightest untoward incident will
start a general conflagration, accord
ing to the prevailing opinion in diplo
matic circles here, and the great
powers might easily be drawn Into this.
The only bright prospect In the.situa
tion is that the Balkan states seem in
clined to give the great powers a
limited time in which to try to induce
Turkey to introduce the reforms de
manded in Macedonia.
Will Send Collective "Sole.
It is reported todav that thev intend
to send a collective note to Turkey ex
plaining the reasons for their action
in mobilizing their armies. As they
necessarily mu9t await a renlv to this
note the ambassadors of the great
powers in Constantinople will be able
to Impress the porte.
Two Ultimatums to Porte.
The porte must, in the meantime,
however, deal with two notes, both of
which. are practically ultimatums. One
of these is from Servia and demands the
release of Servian ammunition which
has been detained in transit through
Turkey while the other is from Greece
and protests against the detention of
-Greek shipping which Turkey' has de
cided to bold up and utilize for the
Itransport of troops.
Tor the present, however, prepara
tions are proceeding on all sides for
The mobilization of the Turkey In
Roumelia, which Included all the
troops In Macedonia besides those in -Anatolia,
or Asia Minor, has already
en Playing Prominent Part
In Campaign Fund Probe
WMm. Wk " W'4W -iP&' HI p &
-earoMiEter. jsz
Six men vho will play a prominent
part in the present investigation of
In the Land
of Earthquakes
Costa Rica is having some of the
great earthquakes of history. In
1910 several large cities were de
stroyed and this year the mountains
are again in convulsions. A look at
the ruins of Cartago where 1000 lives
were lost. Strange scenes of the
earthquake as described by eye-witnesses.
A graphic description of one
of the most terrible disasters of his
torv. See Frank G. Carpenter's let
ter'in the Week-End El Paso Herald.
The El Paso Herald always prints
all the BIG features and all tho news
-the TRUTH about everything.
been begun. Turkey is looking also to
Roumania to throw in her lot with the
Ottoman troops, Jn which case Bulgaria
would find herself sandwiched between
two formidable foes.
Turks Fire on Servian Town.
Fifty Turkish soldiers today ' fired
several times in the direction of the
Servian frontier town of Hashka ac
cording to a special dispatch from
Belgrade. The dispatch states the
Servian ministry has received reports
that the inhabitants are leaving the
town in fright.
Constantinople. Turkey, ' Oct. 2.
Greece protested today, through her
minister here, against the detention of
ureeK vessels in iurnisn waters lor tne I
transport of Ottoman troops, which step I
would-be taken. . .
The cabinet, after a prolonged meet
ting, decided to order a partial, not
general, mobilization of tho Turkish
army. The exact orders are for the
prseent secret.
The cabinet also rejected the Servian
demand respecting the transport of
ammunition through the Turkish lines.
This action is in reply to a note sent
to the porte by the Servian minister.
Paris. France, Oct. 2. The French
diplomatic representatives in the Bal
kan states hare received instructions
from the French government to exer
cise all possible proper influence in
order to prevent war between the Bal
kan states and Turkey.
It is understood that French banking
interests will refuse all requests for
loans made by states which eventually
may become belligerents, and the Bal
kan nations a-e to be so informed.
The Turkish ambassador to France,
Raifaat Pacha, said:
"Turkey has no intention ot permit
ting the Balkan states to interfere in
its internal affairs, and it cannot be
overawed by mobilizations."
Rome. Italy. Oct. 2. Italy's p'rogram
in event of war in the Balkans has
not been mapped out It is known,
however, that the Italian navy will play
a prominent role. Indirectly aiding the
Balkan coalition by preventing Turkey
from moving troops out of Asia Minor
this end of the Italian fleet will keep
its- full strength in the vicinity of the
Aegean sea. ' '
- Sofia, Bulgaria! Odt2.4TTl;&vsanction i
ui jiiuruai iaw -m .Bulgaria ana tne
approval 'of thnx&n(Htu.res neces
sitated by the mobilization of the army
are to be discussed at an extraordinary
session of the Sobrahle summoned to
meet on Saturday.
campaign funds. It the top, from 'left
to right, are: "VI iliiciu Randolph Hearst,
whose publlsli-d MnuOanl OH letters
were larsrcly instrumental in brlngius;
about the probe; senntor Moies E.
Clapp, chairman of the committee on
privileges rnrt elections, who is run-
1 ducting the Investigation Into cam
Employe of American Vice
Consul at Durango, Mex.,
Is a Victim.
Mexico City, Mexico, Oct. 2. Hu
bert L. Russell, manager of the San
Juan Michis ranch in Durango, which
is the property of Allen C McCaughan.
American vice-consul at that place,
was murdered Sunday night by the
Consul Theodore C Hamm reported
the tragedy to the American embassy
here in a cipher telegram which, by
an error in translation, was first given
out by the embassy officials as in
volving the killing of Mr. McCaughan
and Mr. Cliff, another American of
Ambassador Wilson immediately
made representations to the govern
ment and today received assurances
that every effort will be made to cap
ture aa4 jranish the murderers. Forty
federal soldiers are now pursuing
them, The rebels were commanded
by Luis Caro.
McCaughan was appointed vice con
sul at Lurango less than a month
ago, on Sept. 11. from Iowa and has
been in his new office but a few days.
He is a native of Des- Moines, where
be had practiced law. For the last
15 years he hap been in the ranching
and mining business near Durango.
He has a wife and three children.
t-Madalcna 'Juarez Serve Ills Forty
DaT Period and I Released from
".- ?aadr Wednesday.
yfxSt Mexican. "jQgHT -.T.,prr'1"
inuru 10 present, tne proots ot tne com
plaints filed by him. Magdalena
Juarez, for whose extradition to Mex-
(Continued on next page).
paign expenditures, and John T). Arch
bold, of the Strndard OH company, who
testified that the oil trnst contributed
31 ,000 to the Rooseielt 1S04 campaign
t and. At the bottom, from left to rlcht,
are secretary Phllnmlcr C. Knox, Wil
liam Rockefeller and Georse AV. Per
kins, head of the harvester trust.
Knox and Rockefeller will he Interro
gated regarding the Roosevelt contri
bution, end Perkins, who Is said to be
the angel of the present Roosevelt cam
paign, hon been asked nbont his ru
mored contribution of $3,000,000 to push
the prraldentlal aspirations of "the hero
of ban Junn htll.
Roosevelt's Campaign Man
ager Angers Members of
Clapp Probe Committee.
Washington, X. C, Oct. 2. When,
the Clapp committee. Investigating cam
paign funds, met today to examine
senator Joseph H. Dixon, of Montana,
Col. Roosevelt's politcial manager, its
members were discussing the senator's
announcement of last night that he
would ask the committee to call chair
man Hilles, of the Republican national
committee, and chairman McCombs, of
the Democratic national committee.
Senator Pomerene said he favored
sending Dixon to jail when Dixon said
he wanted to see the campaign funds
of Taft, Wilson and Harmon investi
gated. During the questioning senator
Dixon requested that a number of
prominent men be called to testify what
they had given to other campaign
Asks Dixon "Outside."
Exchanges between senaxors Dixon
and Pomerene became so heated that
Mr. Pomerene invited Mr. Dixon "out
side," but the affair passed off without
The senators pointed out today that
it already had been announced that
they will call Hilles and McCombs, as
well as the financial manager of Oscar
W. Underwood and Champ Clark.
Senator DIron testified that he had
collected funds other than those han
dled by Progressive treasurer Hooker,
who Informed the committee yesterday
that the total expenditures of the
Roosevelt national committee were
aixmt $140,000.
"I would like to know the full scope
of the investigation"," demanded sen
ator Dixon. "Does this include the Jle
pablicpn. a.- well, as - tier - Bra3Bra"trc
campaign funds."
"Yes," replied Clapp.
"Of course." continued senator Dixon.
"the general Impression is that this is
rather an investigation of only the pre
convention campaign fund of Col.
Roosevelt Jsow, as a member of the
senate I want to see the campaign
funds of president Taft. governor Wil
son and governor Harmon also inves
tigated. And I think this should be
done before election."
Clapp Is Angered.
"Senator Dixon," exclaimed chair
man Clapp. half rising from his seat,
"a suggestion that there has not been
fair play here is a reflection on the one
man in this committee who is friendly
to Col. Roosevelt."
The committee members decided
that senator Dixon be examined about
the Roosevelt funds.
Chairman Clapp told senator Diron
he could tell what he knew about other
candidates later.
Would Send Him To Jail.
"I'd -send him to jail," declared, sen
ator Pomerene as senator Dixon closed
his remarks.
Senator Dixon then told what con
tributions he had personam- received.
"I did not kep any books. I spe
the money as fast as I srot it."
"Do you know by repute of any at
tempts to change the votes of southern
delegates?", asked senator Clapp.
Senator Dixon mentioned briefly the
names of those who handled Roose
velt funds in "'eastern states.
Senator Dixon interspersed his re
plies with a running fire of comment I
as to now tne Roosevelt forces swept
every district" in most instances.
Argument With Oliver.
When senator Oliver took up senator
"iion s statements tney got into a
bitter argument, both talking at the I
same time. i laws, a parcels post, currency reform,
-.r ffts have Mr. McCombs and Mr. the initiatn e. refere-d-j-r and recall.
McAdoo brought here and find out how ! economy in state affa.rs and good
,mHfi,SOVernr U??n JJ!?nt- ld V?e I roas- and urges the people of the
thnTrth?7mr-HJSS"p5nts!rn Ue to send Robert U Fisher, the
Dl4on campa'sn.- exclaimed Mr. I ProSTess e candidate .to congress.
He turned to senator Pomerene. who ! , j, - ?"ar?w4FisIlt j
was aetlve In the Harmon campaign!, s,p,?edlcteJiJ J" l3 -'"respondence
and said: j last al1. would be the case no sooner
1 tnink senator Pomerene tnlc-ht tell
us sometmng about governor Har
mon s expenditures. I'd like to have
senator Oliver tell how much money was
spent in the Pennsylvania campaign.
Senator Oliver replied he would be
glad to take the stand.
Senator Paynter pointed out that the
(Continued on page 4.1
RnwIIngs, Wye, Oct. 2. Frank WIgfall, a negro ex-convict, was. taken
from his cell In the state penitentiary this morning, where he had been
placed for safe keeplnc, and lynched by a party of convicts -nho had pre
viously overpowered the keepers. WIgfall had assaulted an aged white woman
In Rawlins and had been placed in the penitentiary by the posse which cap
tured him.
Mrs. Higgins, the aged victim of theO-
negro's attack, lived near the state
prison and was a favorite with the
IVesro Boasts of Crime.
Last night a mob gathered and made
an unsucessful attempt to take Wig
fall from the county jail. Fearing th.tt
the mob might return later, the offi
cers reported to Gov. J. M. Carey at
Cheyenne and received orders to trans
fer the prisoner to the state prison.
Wigfall was placed in a cell on the
third floor. This morning as the other
convicts passed Wigfall'-s cell on their
way to breakfast, the negro laughed
and boasted about his deed. This in
censed the prisoners, who quietly per
fected their plans for vengence.
After breakfast with 1R0 convicts in
the prison yard, about half of them
started for the cell house. They over
powered the cell house keeper, who at
the time was changing the negro Into
another cell and locked the keeper In a
One of the convicts produced a ropA,
which he had secreted under his coat,
a half hitch was placed around the ne
gro's neck and he was dropped from
the cell house balcony, a distance of
The Conservative Democrats
Ride in the Saddle Taft
Men Have Hope.
All Parties Favor Extension
of Time For Payment on
Reclamation Projects.
(By Geo. H. Clements.)
Phoenix, Ariz.. Oct. 2. Governor G.
W. P. Hunt and fellow state officers
have received another snub at the
hands of the conservative element now
in control of the Democratic party !n
the state While the platform adopted
by the party council approves by
name Wilson and Marshall, tho na
tional standard bearers, and senators
Ashurst and Smith and congressman
Hayden, no mention is made of Gov.
Hunt or other state officers.
The meeting of parfy council was
one continuous and long drawn out
fight in which the conservatives won
on all counts.
Each faction had a draft of a plat
form and. while full and over-discussion
was permitted, the conservative
eteam roller was in good working or
der and the radicals under the lead
ership of Mulford Winsor didn't get
a lookin. There was even a fight
against the endorsement of the re
call, but it finally won.
The "Democratic platform endorses
1 woman suffrage, asks for an extension
of time lor tne payment oi liens on
agricultural lands for the cost of the
I Rposeelt Uarajs-xeaffirms the princi
ples ot tne .Baltimore piattorm ami
approves the work of Arizona's rep
resentatives in the national congress.
The . Republican Platform. 9
The Republican platiorm contains
a strong endorsement of woman suf
frage, favors building dykes on the
Colorado river, favors the initiative,
referendum and recall except as- ap-
I piled to tne juaiciary; iavors a state
tax commission with actual power,
stronger than the present makeshift;
favors extension of payments of the
cost of reclamation projects to 20
years without interest: endorses the
administration of president Taft and
pledges support to the Republican
standard bearers. It favors a protec
tive tariff with especial reference to
the wool, cattle, citrus fruits and ag
ricultural and mining interests of
Arizona. It endorses the candidacy
of Tom E. Campbell, candidate for
congress, and the Republican pres
idential electors.
"Bull Moose Platform."
The- "Bull Moose" platform endor
ses the presidential nominees of the
Progressive Republican party and the
nlatforTn juJnntwl )iv the national con-
Tention at Chicago, Aug. 5; favors
J woman 3uffragie, an eight-hour -work
day, six days per week In all public
and industrial pursuits that do not
include agriculture, direct primaries
for all offices, including a preferen
tial vote for president and vicepres
ident. direct election cf United States
senators, downward revision of the
tariff, publicity for campaign contri
butions; conservation, an extension of
, the time of payment of reclamation
i projects from 19 to 20 ears without
I interest: an inmmtt a.nd inheritance
tax enforcement of the nure food
"" i" "'""! ""5 " ""
crats nominated George W. P. Huit,
of Globe. for the governorship,
than the conservatives, under the lead
ership of John R. Haraoton. of Green
lee county! and "Bill" Webb, of Gra
ham county, began to maneuver to se
cure control of the party machinery.
(Continued on page three.)
30 feet. The force of the fall broke
Wigfall's neck.
The 'time consumed in the lynching
was less than five minutes and so
quietly did the prisoners work that
none but the cell house keeper, who
was overpowered, knew what was hap
pening. Immediately the men returned
to their work.
Warden Alston at once started an in
vestigation, but at noon it was stated
that he bad been unable to identify any
one participating. He expressed tho
opinion that had Wigfall's assault
been made upon any one other than
Mrs. Higgins, and had he not laughed
and boasted, about it. the lynching;
would not have occurred.
"Granny" Higgins, as she is known
among the prisoners, is known within
the walls for her kindness to the sick
and afflicted. The aged woman is said
to be recovering. Later today an in
quest will be held over the negro's
"Will Hang Informers.
"The first man that squeals is the
next man hung."
Rjis is the warning passed out to all
prisoners in the Wyoming state prison
as, the result of the lynching-.

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