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WEATHE RFO»ECASTI IOMOEBOW, WABME3. CONNOLLY'S EXPENSE CHARGE WAS ILLEGAL, SAYS BARNHART County Prosecutor in an Opinion De cides That Traveling Bills to Meet frigs of County Commissioners Is Not a Legitimate Charge and Cannot Be Paid By County Under the Law Prosecuting Attorney Barnhart has prepared his opinion on the question of expenses Incurred by the county commissioners, In re particularly the case of Commissioner Connelly, who has claimed individual expenses while going to and fro between his home at Wavcrly and the commissioners' of fices in the courthouse, it win be remembered that to off set Commissioner Connolly's charges of graft In the purchase of county Supplies, Commissioners Dean and Collins held up their associate's ex pense account and developed tlie fact that he was traveling on a pass and Charging up railroad fare as well as the price of his meals and hotel costs. The prosecuting attorney decides that "Individual expense" is not to be Included under the law providing for expenses and sets forth his opin ion In the following: "■POKANE, Wash., June 5, 1905.— To the Honorable Board of County Commissioners, Spokane, Wash.: Gen tlemen: Replying to your Inquiry WIFE NOT THE HUSBAND NEEDED A COMMISSION 'Alfred Kuns, the ear Inspector ar rested'nt Hlllyard yesterday on com plaint of ills wife, who charged him with being Insane, was tried before a commission de lunlco this morning in Judge Kennan's court and tho result was a queer development. The doctors examining Kuns de clined him to be sane and without any signs of mental aberration. But the commission further con cluded that If any Insanity existed In the family It was the wife who bore the mental burden. Mrs. Kuns when trying to show HEAVY STORM DOES DAMAGE IN WISCONSIN fßcrlpps News Association.) MILWAUKEE}, Wis., June „.—- --lOOdl atul itOFtltt In Wisconsin last ight and todny caused v loss of 11,000,000, Twenty streets in Fond (In Lao are under water. Loss, $150,- --000. Tlie big dam at Cheyboygan Falls Was swept away, carrying houses and barns down the streams, the water running over the town three feet deep. All trains are stalled. Several are reported drowned ut Newton. Tho town Is isolated and trains In the entire state are delayed. The dams went out at noon nt Wal POPE SENDS HIS BLESSING (Scrlpps News Association.) LOS ANGKLKS, Cal., Juno B.—-The first business session of the national council of tho Knights of Columbus was held this morning, when the pope's greeting, addressed to Joseph Scott of thla city, from the pope's Secretary, was read as follows: ENGLISH BANK IN IN TROUBLE (Bcrlppa Newa Association.) LONDON, June 6.—The Bank of Glynn, Alls, Curry Co. petitioned tho courts to order a compulsory winding up of the International Bank of Lon don. The petitioners aro creditors for more ttmn a million and a quar ter, The application was adjourned three weeks to sco If shareholders of the bank ugree to voluntarily wind up Its affalra. THREE OFFENDERS ARE SENTENCED Three offenders against the laws Of Washington were sentenced by Judge Poindexter thla morning. Charlea Johnson, who pleaded guilty to forging a check fur f 20, was eentenced to four years In the peni tentiary and the payment of v flue of |100. It. David, alao guilty of forgery of the 3d lust., In which you ask whether or not the traveling: expense* of a member of your board in going to and returning from n meeting of such board, together with his reason- , able expenses for board, lodging and other necessary hotel accommoda tions while actually in attendance Upon such meeting are included with in the meaning of the term "ex penses" as used In the section of the act llxing the compensation of such commissioner and therefore charge able to and payable by the county, I submit the following: "Tho relation between nn officer ! nnd the public is not that of con- j tract, so his right to compensation 1 is not tho creature of contract. If the rlgh to compensation exist nt nil, it is solely because the law attaches it to the office. He Is bound to per- J form the duties of his office, no mat ter how onerous they may be, for tho Compensation fixed by law, and serv ices required for which the law does' not expressly authorize a charge 1 must be performed gratuitously. So, | her hUftband to be Insane gave signs lof being mentally unbalanced herself and her condition wns recognized by a recommendation tliat her caso be j investigated. "I'm through with thnt woman and I won't live witli her any longer," de ' dared Kuns as he leftf tho court room. I Neighbors say It was Just a family ! quarrel In which the Irate Mrs. King* wanted to punish her husband by railroading hint to the insane asylum. I Kuns wus discharged from cus tody. do and Bingham. The entire corn crop of the state Is ruined, except in high places. Tho damage from re ports is growing every hour. Moods caused loss of $50,000 each In Belolt and Sheboygan. CHIPPBWA FALLS, Wis., June 6. —Two boys were swept off n bridge here and drowned. Curtis reports the cyclonic storm did $100,000 damage. Two were killed and 10 Injured. The Lutheran church and 15 house s were wrecked. Severe losses aro reported from Sheboygan, Poynette, Portage nnd Barron, Many towns are cut off. "Scott, Los Angeles.—Holy father graciously blesses Knights of Colum bus assembled In council and their labors for defense und ptopogation of the faith." A pontifical high mass was cele brated at St. Viblan'a cathedral this morning. on his own confession, was sentenced to eight years and a fine of $200. Frank Wolf, who assisted David to avoid the officers and who was charg ed with misprision by the prosecuting attorney, was sentenced to 10 mouths in tbe county Jail. CASSATT RESIGNS 'Scrlpps News Association.) PHILADELPHIA, June 6 —Presi- dent Cassatl of the Pennsylvania railroad today confirmed the report that he had resigned from the h'<ltillable directorate. NIPPER MAN AT IT AGAIN A. L. Smith, who lives at nrldge avenue utul Cannon street, reonvered sufficiently toduy from the shock ol having burglars In his house to nutke ■ report to the police. The burglars broke Into the Smith home last Sunday night, hut It was The Sookane Press. likewise, money or property expended in the service of the public for which the law does not expressly authorize a reimbursement, can not be recov ered; and usage or custom can not enlarge the compensation to which a. public officer may be entitled as against the plain provision of the law. "The constitution of Washington, Article 11, Section 5, authorizes the legislature, by uniform laW-s, to pro vide for the election of boards of county commissioners for the sev eral counties, fix their compensation, and for thnt purpose may classify them according to population. The legislature by proper legislation has carried this provision into effect. Lop lslation, however, was had upon this Subject before the adoption of the constitutional provision referred to. The legislative expression concern ing the Compensation of county com missioners in counties of the second class (to which Spokane county be longs) will be found in the following citations: "Laws of 1854, page 420, Sec. 8 (Pierce Comp. Laws of Wash., Vol. 1, p. 591, Sec. 8). "Luws of 1869, p. 301, Sec. 8 (Pierce Comp. Laws of Wash., Vol. 3, p. 705, Sec. 8). "Cod 1881, p. 464, Sec. 2670. "Laws 1889-90, p. 305, Sec. 4. "Laws 1895, p. 410, Sec. 2. "Laws 1889-90, page 312, Sec. 32. "A consideration of the history of legislative enactment In this state upon the subject of compensation to not until this morning that the report was spread upon the police records. Entrance was effected by using nippers to turn the key In the rear door. One dollar was taken from the room of Roy Smith and $7 from Horace Smith, both being sons of A. L. Smith. One pair of trousers was not found until yesterday, when they were acci dentally discovered under an ice box on the back porch. ITK LOSES WO OffKtlS (Scrlpps News Association.) PITTSBURG, Pa., June 6.—James Hasen Hyde was removed from the directorate of the Melton National bank and Union Trust company. The action follows the declaration by H. C. Frlck that he would not again sit on the board with Hyde. GAYNOR AND GREEN WILL BE EXTRADITED (Scrlpps News Association.) MONTREAL, June 6.—Commission er Hngontano this morning gave his decision in the case of Gaynor and Greene, committing the two men for extradition. He ordered thorn to Jail to await the arrival of the I'nited States officers. POLICE FIND BOMB FACTORY RIGA, Russia, June 6.-—The police today discovered a laboratory at the Phoenix foundry which was fitted for the manufacture of bombs. Fifty bombs were seized. (Scrlpps News Association.) FOR THE GLORY OF THE CZAR" SPOKANE, WASHINGTON. TUESDAY, JUNE 6, 1905. county commissioners for their pub lic services convinces me that the word "expenses" as used In the stat ute (Laws 95, p. 410, Sec. 2) means only expenses necessarily Incurred in the discharge of the public and of ficial duties of the commissioner and not those which he may incur in go ing to, returning from or remaining at a meeting of his board: this lat ter may for convenience he termed his "individual expenses." My con clusion is that whenever the official duties (other than the mere attend ance at the meetings of the board) of the county commissioner shall call him from his home or office to dif ferent parts of his county, or it may be of the state, his necessary travel ing and hotel (and perhaps some other) expenses are incurred in the performance of an official duty, and he is entitled to an allowance for them. The purpose and Intent of the later legislation seems to have been to allow only for expenses necessari ly incurred In the performance of some official duty and to exclude everything that might be termed "In dividual expenses." Of the latter the officer knew when he accepted the of fice and he took It With the additional burden which his place of residence might impose: of the former he could not know certainly, as it would de pend upon future contingencies, and It Is a burden whlcTT might be made greater or less by the requirements of his official duties. Respectfully submitted, R. M. BARNHART, "Prosecuting Attorney." hoods aim into iniuii (Scrlpps News Association.) DETROIT, Mich., June 6.—West ern Michigan was visited by a cloud burst last night, the worst In 40 years. Eighty blocks were inundated at Grand Rapids and 500 homes sur rounded by water. Train service was suspended in the vicinity of Muske gon, where the loss reaches $100,000. Great damage wns reported from lonia, where the roads and railway were washed out. Tho Pere Mar quette train was wrecked at lonia by a washout this morning. Engineer Alvord and Fireman Paine were killed. ANOTHER NAME KNOWN 10 FAME According to the Portland Tele gram, Judge G. B. Dennis, president Of the Spokane Chamber of Com merce, extended the congratulations of the city of Spokane to the as sembled populace at the opening of the portage railroad ut Celilo, Ore., June S. Truly, a man Is not without titles and a little honor except In his own country. Hhat has become of one F. E Goodall? PORTLAND ELECTS DEMOCRAT MAYOR (Scrlpps News Association.) PORTLAND, Ore., June 6.—q y a plurality of 12.11 Dr. Hairy Lane, democrat, was elected mayor of Port land, defeating the republican Incum bent, George H. Williams. All tho city officials and country are republi can, except one democrat and one in dependent ward councilmen. Si TALKS 10 10 tn fScrlpp9 News Association.) LONDON, June 6.—The entire diplomatic corps today pays respects to Alfonso at Buckingham palace. Ambassador Reld had a long conver sation with the Spanish king and Sub sequently the king attended mass at the Roman Catholic cathedral of Westminster. REPORT OF CZAR'S DEATH IS DENIED (Scrlpps News Association.) BERLIN, June 6.—lt is reported on the bourse that the czar has been assassinated. It Is said a private tele gram to this effect was received by the Mendelssohns, bankers of tho Russian government. The Mendelsoohns deny receiving a telegram regarding the assassina tion of the czar. Tho report Is not confirmed from other sources. ST. PETERSBURG, June 6.—A re port printed in Berlin to the effect that the czar was assassinated is en tirely unfounded. EIGHTEEN DAYS CONNUBIAL BLISS Eighteen days of connubial bliss is all that Everett E. I.aHarr can show after his marriage in Spokane, May 1, 1904. In a suit for divorce filed today La Barf declares his wife Joetta re mained with him after the wedding until May 18 following and then de serted him without provocation. All he wants Is a decree annulling the marriage, as he doesn't know where his wife Is. NEW LABOR PAPER WILL BE STARTED The question Of starting n paper to represent their nssembly and present their siile of the local labor dispute was discussed at last night's meeting of the Falls City Trades and Labor assembly. The necessary funds have been ralsod to finance the new sheet and definite action on the project Is espacted in the near future. Alfred Dawson, delegate from Fed eral union, No. 11,624, announced that all differences between the Federal union nnd the teamsters had been amicably settled. He also said from present Indications his union would have a membership of 600 in the next six months. PATROL BOAT RUNS ASHORE ifccrtpps News Association.* FREKPORT, T.. I„ June 6.—The identity of tlie vessel which ran ashore In a fog last night was es tablished this morning as the gov ernment patrol l>oat Cactus, bound for New York with 25 members of the survey service. A wrecking ves sel has gone to Its assistance. It Is apparently not In danger. HAY LEAVES FOR HOME TOMORROW LONDON, June 6 — Secretary Hay sails for New York tomorrow on the White Star liner Baltic. TEAMSTERS TRYING TO FIND WAY TO END STRIKE DELCASSE RESIGNED (Scripps News Association.) PARIS, June 6.—lt is officially an nounced that Delcasse, minister of foreign affairs, has resigned and Pre mier Homier has assumed charge temporarily. It was stated In governmental circles late this afternoon that Rou vier will retain the foreign portfolio permanently and either Deputy Poin care or M. Merlons will succeed Itou vler as minister of finance. SWOLLEN JAW CAUSES ARREST Marion Brown, a colored man, was arraigned before Judge Hinkle this afternoon on a charge of burglary. Some days ago S. T. Dougherty of the Empire lodging house discovered a negro going through the house with passkeys. Dougherty tried to capture the fel low and in the fight that followed struck a blow which lie believed broke the negro's jaw. Since then the police have been looking for a man with a broken Jaw. Officer Briley found Brown with a swollen face and arrested him on sus picion. Today he was identified by Dougherty as the burglar. Brown's trial was set for Thursday. CHOOSE SITE FOR MANITO BAND STAND Acting Mayor Koontz and City En gineer Mclntyre went out to Manlto park this morning und chose a loca tion for the new band stand to be built in tlie park Immediately. The site chosen is near the springs and will be such as will afford the greatest numtier of people the op portunity of listening to the band concerts this summer. There were 5000 people at the park Sunday before last and It is expected that the street car company will find it profitable to engage a band for the concerts. OLCOTT WILL GET A WARM WELCOME A warm welcome Is assured Chauncey Olcott, the famous singer and delightful comedian, when he appears at the Spokane theater Thursday evening. June S, In a mag nificent production of Augustus Pi t ou's beautiful romantic comedy drama, "A Romance of Athlone." Many admirers of Mr. Olcott claim that in this play he appears to the best advantage as Dick Ronyane than In any other part he plays. This part affords him aji opportunity to show his versatile abilities. Mr. Ol- COtt'a musical compositions for this play arc gems, ami Include one of the most popular songs ever written, "My Wild Irish Rose." ROADS WILL CUT TRANSCONTINENTAL RATE TO PORTLAND (Scrlpps News Association ) PORTLAND, Ore., June 6,—On each day for tin' next two weeks from two to four Oregon cities will participate 111 the exposition. The Transconti nental Passenger Agents! association Is iv session ami will cut the one way rate from Missouri river points to the fair. A continued rain has caused a ppostponement of tho athletic pro* grant. ANOTHER RESERVE OF PUBLIC FORREST (Scrlpps News Association.) WASHINGTON, June 6 —The pres ident will establish v forest reserve of 1,5uu,000 acres In southern Col orado, known as the Sail Juan re serve. The Fayette reserve will he about the size of thut established In Idaho. BOILER EXPLODES THREE ARE KILLED (Scrlpps News Association.) CItRVKLAND. O, June 6. — A cap blew off tlie liuiiei of ihe American Bteel plant tiiix mnrnlaCi kiuii.i; three and seriously injuring three otheis. THIRD YEAB. NO. 181. PllICE: ONE CENT fScripps News Association.) CHICAGO, June «.—-The executive board of the teamsters met at the Briggs house this morning and be gan a conference with a view to find ing a way to end the strike. It Is reported a committee will bo appoint ed to wait on the employers. A peace committee was appointed last night by the teamsters. They will meet the State street merchants today in an effort to effect individual agree ments. Tonight the truck drivers meet to vote on the question 'if arbitration. Depending on this decision is a pos sible increase-in the number of men All CZAR'S Uffi .avor rum MACE (Scrlpps News Association.) PARIS, June 6.—The Terns, the semi-official organ, this afternoon prints the following from St. Peters burg: "It Is learned from an authoritative source that the unanimous effort of the ministers are directed toward peace and that they hope to succeed shortly." MANILA, June 6.—The ultimatum from Washington directing Admiral Enquist to either sail at tho end of 24 hours or disarm his ships was de livered to the admiral this morning. MANILA, June 6.—The Raleigh, Cincinnati and Baltimore have been sent to the northeast coast of Luzon to look for the Japanese and Rus sian warships. WASHINGTON, June 6.—Consul Genera] Rogers at Shanghai cables that seven Russian colliers are at Woo Sung and will be Interned by or mil ma results in disodetifio omns (Scrlpps News Association.) LOS ANGELES, Cal., June 6.—A headon collision on tho Salt Lake road at Riverside killed two men. One was fatally injured. T. E. Carey and Norman Selser, brakemen, were killed. A special newspaper train from I.os Angeles collided with the overland No. 1. The locomotives were demolished. The failure of Engineer Gillotte of the overland to obey orders is re HEARING FOR TICKER BOSTON, June 6. —The supreme court today decided to consider ex ceptions to the verdict which found Charles 1.. Tucker guilty of the mur der of Mabel Page Tucker. He will probably get a new trial. LOST HIS OVERCOAT O. F. F.hhes of the Filer Piano com pany reported to tlie police this morn ing that lie Btrolled Into tlie Spokane hotel last evening to write a letter ami laid hla overcoat over a chair behind him. When he turned for the "benny" it hail disappeared and Mr. Kbbea asks the police to please return it to him. Burglars entered the room of Ar thur Ashley In the Alkl block and stole a black suit of clothes, nearly new. CIMDN'T EARN A LIVING IN TACOMA Charles K-UI, arrested on n descrip tion furnished hy a woman who de clared he attempted lO snatch her purse, was tried before Judgf Hinkle this afternoon. Keid was charged with vagrancy. He told the court he had been earn ing 11.15 a day in Tacoma, but that was not enOUgb money for him to live on and that he cumo to Spokane to gel n better Job. The jvi |ge tmpoaed a tine of $25. MAKES PRINCE OF YON BULOU r.KUI.IN, June ti—Chancellor yon Buclow hns been created a prince by ISmperor William, one Cent on strike hy r,noo. In view of the announcement by Attorney Mayer that tho employers will have no deaN ing with a strikers' committee unless It Is clothed with full power to mak<> agreements with the employers In general, small hope Is entertained that present peace moves will sue cced. The teamsters' executive hoard tiiie afternoon decided to appoint a com mittee to wait on the department store managers and endeavor to ef fect a settlement with the Individual concerns. In this way the teamster* may break the solid ranks of the cm« ployers. dcr of the Chinese government. The Russian torpedo boat destroyer Bodry will be Interned at Shanghai. CIIEEFOO, June 6.—General Ba laschoff and staff have arrived from Port Arthur. They leave today for Russia, overland. The embalmed body of General Kondratchenko waa brought here by Balaschoq to be shipped to Odessa. These are the last of the Russians to leave Port Ar thur, j MANILA. June «.—lt Is learned tho ultimatum from Washington to Vice Admiral Enquist was not so severe ns first reported. The question of time is still under discussion. The breechblocks of the guns of the three Russian cruisers have been tempore arily removed. j ST. FETERSRI'RO, June «.—Rus sia will probably agree to the Intern ment of the Russian warships at Ma nila. • sponsible for the wreck. Tie waa or dered to take a siding, but instea.l was running at full speed to make Pedley station when he collided with the newspaper train, which also was going at full speed. The engineers and firemen Jumped and were badly bruised. Frank W. Shott. mall clerk of the overland, was fatally injured. Knights of Columbus occupied the rear coaches of the overland. None were hurt. SENTENCE IS AFFIRMED JEFFERSON CITY, Mo, June The supreme court today affirmed the sentence of Edgar Bailey, found guilty of killing Albert Ferguson, a nonunion hack driver In Kansas City In 1904. They sentenced him to hang July 13. INSERGENTS ARE ACTIVE MOPIEPA, Arabia, June (I —Insur- gents of Yeomen captured the towns of Kallba Ibb and are now investing Talse. Turkish reinforcements are being hurried to Talse. . SIX DROWNED (Scrlpps News Association.) PALMEIRO, Sicily, June B.—Six men were drowned today during tho course of experiments with a new submarine. TORNADO AT WORK (Scrlpps News Association.) BINGHAM, N. V., June I.—The tornado last night wrecked four houses and damaged a hundred. Much damage was done In adjacent coun ties. WISCONSIN RATE BILL 10 GOVERNOR MADISON, Win, June t.—The railroad rata commission bill wont to thw governor today. Tha laol amend ment was concurred In.