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The Ordway New Era. fXLTERS, Publisher. (???) ARE KILLED |SB* NT AND HIB PARTY Two Day*’ Shooting— in Boat Bear in Colorado. Springs lust night Roosevelt's hunting crowned with saccoa* far or those or of his guides. Three by t,u * l* ar, > today. one by the Presi- SSe by Dr. Alexander l,«m- of Colorado Springs. dent's bunting cotnpan §IH| hero to-night, nrcompau- Chapman. They story of the hunt. The three was and they umlerstood brought down two §|§Ht the details urc lacking. and no attempt to cross the divide. Fif 9§£H enow is on the ground on BjXBAe and any effort io reach be futile. The hunt- however, for they the center of what the the best bear country in BHfipe thick in the country now so plentiful, in fact. that, to escape without a in their direction. So have been tale li. bow bv the President yes igilKof the brown variety, not furnishing a much finer first animal killed. One killed today is said to mMh grlzzh. but this cannot be reached the Hotel Colo- tonight, lie was still 188 his hunting clothes. He |SpMRI and rugged and reported MHp t ,fcian in the party is in the MMHUn an area of seven miles the bears were killed. Ntlnbout sixteen or eighteen Kfei*-ean>i> and every animal tjfe>4fess and hunters a long * r*m* ,bo,n *r«»o«l. which en :Mpters to kill them without mjgßSilent to the dogs. Thus far killed. It was killed Bpt bear shot. .Roosevelt is living in a UMbi abandoned Ilunn home W.-Sl Divide creel., filial’- remarkably comfortable character of tie- conn that the party will the entire limit, outside world i • scarce camp. Once in ev BBIHTe flays papers are sent twelve hours or more reach New Castle. ‘ ,r Information «»f cur greatly felt by ail. par ||lglMjthe President." said Mr. “Hut then be went to limit ami he has to |gg|H«t of it. We have been ||fgijK Supplies are bolding out bear steaks will lie on i|||Hvc regularly . No ice box there to keep tin* meat is situated at ;m al ''ft'BPl 9.000 feet and there is every side.” Mid Exposition Board. fkßril 20. —Governor Me Don BSHNnted as members of the for the Lewis & HHT Portland. Ore.. Messrs. jPrmlin of Denver. E. Lyman and Eugene Grubb of the duties of the three McDonald has |||lHhest that Mr. Whitt*, who of mines. HBHpU charge of t li«- mining Mr. Grubb, who most prominent stock- will look after the portions of the Hogle will have details. will have $15,000 to was appropriated legislature. White ordi not provide much of is deemed amply sufll- case, for the rca- intention of the com- much of the Colorado made at the St. Louis met and organized Colqnel Hogle as com- and Mr. White as L. Babcock was ap- secretary. Constitution. 26. —The <lraft of the constitution was Issued |§|§|H provides for a ieglsla- consisting of the lieu- six to nine official Mg|*l thirty to thirty-five Every burgher of Bhß African republic is en- members of the first we ll as all white males occupying premises at not lefiß than A HO, or to the value of SSOO, un- SKHof treason since May 31. unless they have ob IKllMf o will divide'the Trans- districts. The de ffiggHisambly wlll be carried the president of the /s&§S(permlt a member to uso jW^Br l ** 6 ' Financial meas jKMmnnndtd to the as- and-no part of fpMlMirbe appropriated with i BBH BILL CONSTITUTIONAL ATTORNEY QENERAL’B OPINION. House Bill 178, Known as Railroad Merger Bill, Held Not to Be in Vio lation of Constitution of Colorado. Denver. April 25. House Hill 178, known as the Colorado & Southern ex pansion measure, is pronounced con stitutional by Attorney General Miller In an opinion which went to Governor McDonald late lust evening. The gov ernor will probably take some action on the bill to-day. After quoting the full text of the bill General Miller's opinion runs: "When the constitutionality If a le gislative act Is attacked In court by an appropriate proceeding the rule of con struction Is laid down by Judge Cooley to be as follows: “ ‘lt. has been said by an eminent jurist that when courts are called upon to pronounce the invalidity of an act of legislation, passed with all the forms and ceremonies requisite to give It the force of law. they will approach the question with great caution, examin ing It in every possible aspept, and ponder upon It as long as deliberation and patient .attention can throw any new light upon the subject and never declare u statute void unless the nullity and invalidity of the act are placed. In their judgment, beyond reasonable doubt. A reasonable doubt must bo solved In favor of the legislative action and the act be sustained.’ "Section 2 of the bill reads as fol lows: " ’This act shall not be construed to permit any railroad company to purchase or lease any parallel and competing line situated within the state.' "Our constitution provides as follows in section 5. article XV’.: "’No railroad corporation nor the lessees or managers thereof shall con solidate its stock, property or fran chises with any other railroad corpora tion owning or having under Its control a parallel or competing line.’ "In my judgment this provision of the constitution Is to be given the brondcst and most comprehensive In terpretation. with a view of prohibiting the merging of railroads which aie at all competing. "I believe the principle is well set tled that section 2 is mere surplusage, and that the constitution governs. Frost vh. Phelffer. 26 Colo. 338. "It is claimed that the bill violates the following provision of the consti tution: ’The General Assembly shall not pass local or special laws in any of the following enumerated cases, that ia to say,’ etc. Colorado Constitution, Art. V.. Sec. 25. "The first objection raised under these two provisions is that the bill authorizes the issuance of stock by special law and not by general law ap plicable to all railroads under all cir cumstances. Magoun vs. Illinois Tr. & S. 8.. 170 U. S. 283: Kentucky Rail roud Tax Cases. 115 U. S. 321, 337; Hillings vs. Illinois. 188 U. S. 97. Generally it has been held that a statute which only requires the same means and methods to be applied im partiality to all constituents of a class, so that the law shall operate equally and uniformly upon all persons under similar circumstances Is not obnoxious to these constitutional provisions. "It would not be unconstitutional to pass a law in the state of Colorado which applies to cities of more than 100,000 in population, when it is well knowm at the time of the passage of the law that there was only one city in the state to which it could be appli cable. "The second objection raised to the bill, under section 9 aforesaid, is that the Issuance of stock in exchange for stock is in violation of the provision which limits the issuance of stock to 'for labor done, services performed or property actually received,’ and de clares that ’all fictitious increase of stock Shull be void.’ Our Legislature has declared: ’The shares of stock shall not be less than one dollar nor more than one hundred dollars each, and shall be deemed personal prop erty.’ Sec. 480, M. A. S. "While this statute relates to cor imratlons generally, yet, if a share of stock In a mercantile company or a mining company is property, then, of course, a share of stock in a railroad company is property, and, therefore, the issuance of one share of stock to another is the issuance of stock for property. "It is also claimed that the bill vio lates section 21 of article V. of the constitution. This provision concerns the titles of bills and prohibits the ti tle from containing more than one sub ject. It was claimed in the oral argu ment that the expression ‘any corpora tion’ intended more than railroad and transportation companies. However, If we read each sentence in which the expression ‘any corporation’ occurs, find that it is followed by words which in each case restrict its application to railroad companies. The use of the ex pression 'other line of railroad’ in the last paragraph of this section show’s clearly that only railroads are under consideration. "Section 9, article XV., further pro vides that the stock of corporations shall not be Increased except in pur suance of general law, nor without the consent of the persons holding a ma jority of the stock first obtained at a meeting held after at least thirty day’s notice, given in pursuance of law. "This constitutional provision must govern when any corporation under takes to Increase its stock. A reading of the final provision of this bill relat ing to the Increase of stock fails to dis close any provision for the manner of calling the meeting or the amount of •took necessity to be voted in order to Increase the capital stock. This to not g violation of tae ooosUtutk)^ . '• ■ >’.* r • ORDW-AT COLO., FRIDAY, APRIL 28, 1905. COLORADO NEWS ITEMS The fij-Ht annual convention of the American Stock Growers’ Association will meet at Denver May 9th. The building and machinery of the Sterling electric light plant was badly Injured by fire on the morning of April 20th, the loss being estimated al about SB,OOO. Mexican, owners of a herd of sixty goats were recently urreßted on the charge of desecrating graves by let tiug the goats browse in the cemetery at Trinidad. The First National Rank of Holly has been authorized to begiu business with $25,000 capital. W. C. Gould, president; IS. B. llrown. vice presi dent; J. S. McMurty, cashier. The American Stock Growers’ Asso ciation will meet at Denver May 9th i for a three days' session. A hi rung effort will bo made to Induce Presi dent Roosevelt to be present. A committee has been appointed to arrange for the establishment of a Young Men's Christian Association at Sal Ida. There are nearly 1.000 young men who would be benefited by It. Harry Hugh I Aie, a prominent Den ver lawyer, died at the Hotel Colorado at Glenwood Springs, April 21st, of acute kidney disease after a few days’ Illness. An expert of the United States geo logical survey will be detailed to make an investigation of the underground ( waters along the South Platte river in I Colorado. Governor McDonald has appointed I two more water commissioners, Fred Dixon of Paradox, for district No. 61. and John I*. Morgan of Montrose, for district No. 62. A permanent farmers’ Institute for , Yuma county was organized at Wray , | April 22d with R. M. Reed as prcsl . dent and Editor Hawks of the Gazette as secretary. Edward Weston, sent to the state re j formatory at Buena Vista front Grand , Junction for burglary, tried to escape i a few days since, but was followed by hounds and captured. Tho work of transcribing the rec ords of old Arapahoe county, so far as they apply to the new county of Adams, once comprised In Arapahoe, has been completed at a cost of $32,- 000. At a special election held in Frult -1 mere, a suburb of Canon City, it was ’ voted to Incorporate ns a village under | the name of East Canon. The vote was 76 for incorporation and 22 1 against. The annual meeting of the Douglas . County Stock Growers’ Association I was hold at Castle Rock April 22d. County Judge Robert E. Palm was elected president of the association, this being his third term. , Judge W. P. Seeds of the District Court at Cripple Creek has issued an order that all gumhllng must ceuso in the district, and as a result the rou i lette wheels, bank and slot machines > are said to have been stored away. Commissioner Richards of the Gen- , oral I*andOffice has ordered withdrawn from all forms of disposal township thirty-two. range thirteen west, in i Durango land district for use in con nection wMth the La Veta river irri gation project. While out target shooting at Hagen's ranch near Denver April 19th C. D. Chitwood, secretary of the Walters’ Club in Denver was accidentally shot and killed by Joseph C. Briden. It was another ease of "didn’t know it was loaded.’’ Philip Tritch. brother of the late mil lionaire George Tritch of Denver, who sued for a part of the estate on the that he was a silent partner in liis brother’s immense hardware busi ness. has lost hla case in the District Court at Denver. James Traylor, a trammer at the Cross coal mine, operated by the State Industrial School for Boys at Golden, fell down a 140-foot shaft on the 18th instant, receiving Injuries from which he died within a few hours. He leaves a wife and child at Golden. John White, who escaped from Windsor Jail for the second time by digging his way out. although hand cuffed, was captured by Deputy Sheriff VVoland at Ault and brought back to jail. White was serving a five months’ term for bootlegging whiskey in Wind sor. The annual High School Day of the University of Colorado at Boulder will be observed this year on Saturday, May 13th. During the morning and in . the afternoon the interscholastic track j meet will be held on Gamble field, a number of handsome prizes being awarded. . Marcus Victor, a pioneer of Douglas county and founder of the town of Se dalin. died at his home in Castle Rock April 23d. His death was due to heart failure, brought on by the kick of a horse. W’hlle shoeing a horse, the ani mal struck him In the breast. He was sixty-six years of age. It is announced at the offices of the Denver-Boulder Interurban railway j that electric cars will be running be- • tween Denver and Boulder by Septem ber Ist. Practically all the prelimin ary work of securing rlghtß of way, etc., has been concluded, the money is on hand and work will begin at once. The Colorado Postmasters’ Associa tion met at Colorado Springs April 22d and was entertained at night at a ban quet given by the Colorado Springs i Letter Carriers’ Association and the < Clerks’ Association at the Alta Vista i hotel. Robert E. Hanna of New Wind sor was elected president for the en suing year. GREAT ACTOR IS DEAD JEFFERSON’S CAREER CLOSED. "Rip Van Winkle" Begins His Final Sleep—End Comes at Palm Beach, Florida. West Palm Beach, Fla., April 23. Joseph Jefferson, the eminent actor, died at his borne. "The Reefs." «at Palm Reach at 6.15 this evening. Tho end came after a day of uncon sciousness and after a heroic struggle of days, which had exhausted hla vi tality. At his deathbed were his wife, his boos. Charles B. and Frank Jefferson; his nurse. Dr. R. U. Porter and hla faithful old servant, Karl Kettler. Tho end was not a surprise to his family. Ever since his last sinking spell, which came after a rally Thurs day morning, and which was followed by no apparent improvement until Fri day, the family has been waiting for tho end. Mr. Jefferson's condition Saturday night grew steadily worse, and the family, who bad retired, were sum moned from their beds and Dr. Porter was called. The patient's condition continued to grow worse all through to*lay and the brief bulletins from tho bedside contained no words of encour agement. The sickness of Mr. Jefferson which . ended In his death was contracted, it is bellevod. while on a recent visit to his son. Charles 11. Jefferson, at Hobe Sound, a few miles above Palm Beach, where he went to meet his friend, former President Cleveland. It is be lieved that from a slight Indiscretion in his eating there he suffered an at tack of indigestion. Since his return! to his home his condition grew stead- j ily worse, with slight rallies, until the i end. ANTI-BOYCOTT BILL Signed by Governor McDonald and Will Soon Be Law in Colorado. Denver, April 23. — I-ast Friday the! governor signed what Is known as the j anti-boycott law. and ninety days from j date the same will be In effect. It | will then be unlawful for persons to | practice what is generally known as picketing ami boycotting. The act provides that It will be unlawful for any person to loiter about the streets or highways lending to any place of bu«lness for the purpose of Influencing others not to trade with or work for any other person or corporation, or to, picket the place of business of any ( other person or corporation for the! purpose of obstructing or Interfering! with any lawful business work or en-1 terprise. Another section of the act makes it ( unlawful to boycott or to publish any notice of a boycott ugninst any firm I doing a lawful business, or ugninst any judicial officer or other public! i officer because of any official act or j decision of such officer. Still auother section tnkkes ft un lawful for employers to maintain black j lists, with a proviso, however, that! either the employer or his workmen: may Impart fair and unbiased opin-1 ions and Information as to either the I employes' or employers’ qualification* \ Tho act also declares it unlawful to j use force, threats or other means of j intimidation to prevent any person from engaging In any lawful occupa tion at any place he or she sees fit. The act provides that a violation shall be a criminal offence of the grade of misdemeanor and punishment by a fine of not less than ten dollars ($10) nor more than two hundred and fifty dollars ($250) or imprisonment in the county jail or both in the discretion oi the court. The intention of the act is to do away with intimidation by either side in labor controversies. The bill w*as introduced ludto the I/egislature by Theodore H. Thomas, a member of the House of Representa tives from Denver, and the author of a former anti-boycott law which was repealed during the administration of Governor Orman. The bill is closely modeled after a similar act which was passed several years ago in the state of Alabama and has been construed and upheld by several decisions of the Alabama courts. The workings of tho law’ in Alabama have been most satis factory and have brought about a great change in removing from labor controversies much bitterness and vio lence. It Is predicted by the persons who were sponsors for the bill that It will be a great step toward Industrial •peace in Colorado and rapidly lead to staple industrial conditions. French Foreign Minister Remains. Paris, April 23. —Yielding to the per sonal solicitations and representations of President Loubet and the leaders of the government that his retirement would be a serious national peril at this time, M. Delcasse yesterday ad vised Premier Bouvier that he would reconsider and withdraw his resigna tion as foreign minister. This vras af- Jter strong assurances had been given ’M. Delcasse that the ministry was unit ing with sympathy and support of his foreign policy. M. Delcasse’s staying in the Cabinet is expected to result in a firmer atti tude toward Germany than has hereto fore been shown. The foreign minis ter.’* policy has been to give Germany adequate assurances that her interests in Morocco would be treated the same as those of the rest of the world, hut after making these approaches, he did not desire to yield France’s entire pro ject concerning Morocco at the dicta tion of Germany. I COMPANIES COMBINE TO SUE FEDERATION OF MINERS Damage Suita for Destruction of Prop erty and Loss of Time—Statement That Complaints Are Being Pre pared. Denver, April 26.—According to tho statement of the Denver News, dum age suits which, if successful, would virtually bankrupt the Western Fed eration of Miners, will be filed in the Federal and District Courts within a few days. The suits Involve $1,000,000. and are brought by the mine owners of tho Cripple Creek district and the smelter trust in Colorado against tho labor organizations. The complaints are now being prepared by some of tho ablest attorneys in the state. The common defendants in theso suits are: Western Federation of Miners, as an organization. Charles Moyer, president Western Federation of Miners. William I). Haywood, secretary Western Federation of Miners. Frank Scbmelzer. member executive board Western Federation of Miners. John M. O'Neil, member executive board Western Federation of Miners. Charles G. Kennlson. president union No. 40. Cripple Creek. Western Federa tion of Miners. A. G. Haul, secretary union No. 40. , Cripple Creek. Western Federation of Miners. Arthur Parker. member Western Federation of Miners. P. M. Mulinney. member Western Federation of Miners. D. C. Copley, member Western Fed | eration of Miners. Against these defendants nine com panies will file separate suits. These companies are: United States Reduction and Refln ; Ing Company. | Vindicator Consolidated Gold Mining Company. Granite Gold Mining Company. Golden Cycle Gold Mining Company. Elkton Consolidated Mining and I Milling Company. Mary McKinney Mining Company. El Puso Consolidated Gold Mining Company. Stratton Independence. Limited. Findley Gold Mining Company. All of these suits will be brought in the District Court except that of the United States Reduction and Refining Company. As this Is a foreign corpo ! ration, it will Im* necessary for It to file j In the United States Court. Among the attorneys interested are ( Hall. Babbitt & Thayer for the United t States Reduction and Refining Coni i pany; the Vindicator has Potter & | Banks, the Granite C. C. Hamlin, the ‘ Golden Cycle H. M. McGary, the Elk , ton. Mary McKinney anti El Paso. ! Gunnell & Chinn, and the Findley, | Schuyler & Schuyler. The suits are a direct outcome of ‘ the Cripple Creek strike, and It is tin ’ derstood they are Intended to offset j similar suits brought by the Western I Federation of Miners. The result has j added importance from the fact that il tho mine owners should be success- I fill, damage suits will be started against the federation in other sec tions of the state. The . complaints are all similar in j wording, the main difference being in the amount of damages asked. The Vindicator asks damages in the sunt of $47,000, divided as follows: For injury done to machinery, pumps and workings through submer gence of its mine because of lack of men toi operate the pumps. SIO,OOO. For loss of. services of employes through the strike and consequent crippling of business and depletion of * profits. SIO,OOO. For estimated cost necessary for the removing of water from the lower level and workings of the mine so that it can be operated. SIO,OOO. For other injuries and damages to business. $5,000. For exemplary damages against de fendants because of the strike. SIO,OOO. "We have had no intimation that tho Western Federation of Miners is to be sued by the mine owners of the Cripple Creek district and the smelter trust for $1,000,000," said President C. H. Moyer. "The only question that could be involved in such a suit would be the right of organized labor to strike. If such a suit should be filed it would be in lino with the suit filed by the mine owners and the Colorado Fuel and Iron Company against the United Mine Workers of America for $450,000. “The right of labor to organize and to cease work has been so often de cided in the courts that l have no fear of the outcome of any damage suit that might arise. Low Rates to New Jersey. Chicago, April 26. —All railway as sociations in the United States and Canada except one have granted the National Educational Association a rate of one fare plus $2 membership for the round trip to Asbury Park, New Jersey, and Ocean Grove, New Jersey, for the forty-fourth convention of the N. E. A., July 5-7, 1905. .The exception is the Southwestern Excursion Bu reau, with which negotiations are pending. Will Reduce Rates. Washington, D. C., April 26. —Secre- tary of War Taft yesterday announced that the government would reduce transportation charges on the Panama railroad to the lowest notch consistent with reasonable profit, and that if the business of the transcontinental rail roads, which have hitherto controlled., the Panama railroad, were Injured, It was no fault of the government. •• : ‘ • f VOL. IV. MO. 8. FLEET SAILING NORTH RUSSIANS LEAVE KAMRANH BAY Fishermen Heard Cannonading Later —Admiral Rojeatvensky lll— Crewe Expect to Win. Kamranb Bay. Indo-China, via Sai gon. April 25.—The Russian squadron, consisting of fifty-two ships. Including transports, left Kamranh hay at nooo April 22d and the main portion soon disappeared in a northerly direction. Sixteen vessels, the Russian cruiser l Svictlana. the Russian hoepital Rhlpt Orel, four German transports, seven Danish transports and three Russian! transports remained in the offing. Fishermen assert that they heard* heavy cannonading off Kamranh bay during the evening of April 22. Those who saw Admiral Rojestven sky prior to his departure say he if* suffering from dysentery, accompanied by severe pains. All the officers and. crews of the Russian ships appeared* to be full of confidence. Although the Russian crews wer» confident of victory. Independent ob servers who got near enough to Ad miral Rojest vensky's warships to be* able to inspect them were not nuanF mous regarding the efficiency of tlio squadron. It is believed here that It is Ad miral Rojest vensky's intention to dS' i everything possible to have Admiral Nebogatoff Join him before undertak ing a decisive battle. . A torpedo boat destroyer Is patrcl-j ling the coast. The French third class! cruiser Descartes left here at 2 o’clock- Saturday afternoon, for a point on thaJ coust where a fisherman reports thatj he haw twenty warships. The man., however, was unable to give taeir na tionality. The point to which the Descartes* went Is Nha-Trang. a small town fifty* mites north of Kamranh l.ay on Nha- t Trang bay. The latter is smaller than* Kamranh bay. quadrangular In shape and extends about ten miles inland at| a uniform width of about four miles. CONGRESSMAN KILLED. Quarrel Over Enforcing Local Option Law in Texas. Hempstead. Tex.. April 24.—Con gressman John M. Pinckney and two« o*her men were killed at a mass meet ing here to-night, called for the pur pose of petitioning the governor to« send rangers here to enforce the local! option law. J. N. Brown, a leading lawyer and a) staunch anti-Prohibitionist. began tiioi shooting, which became general in an< instant. The dead are: J. N. Brown; Congressman John M.‘ Pinckney. Tom Pinckney, brother of! the congressman. John Mills, a leading Prohibitionist,! cannot survive the night, it is feared. Doc. Tompkins, private secretary lot Congressman Pinckney, and Roillnj Brown, son of J. N. Brown, are badly wounded, but just how seriously can-* not now be determined. There are many armed men on the streets to-night, but it is not believed! there will be any more trouble. The governor has been notified an!' will send rangers here. to-night J. E. Mills died of thei wounds he received. He was a farmer* who had long been prominent in the affairs of the county, but who had only* recently removed to the town. When the trouble began. Tompkins, private secretary to Congressman' Pinckney, was making* a speech to a, motion. Captain Brown had the floor. He used language which was objected to and at the same time grasped Tomp-- kins by the coat lapel. Congressman Pinckney sprang for ward and the shooting began. A num ber of men appeared to be engaged in, the shooting and something like 100' shots were fired. Brown was a lawyer who had beeiv practicing here for twenty years. Colorado’s Big Storms Denver. April 26. —The storm of Sun day and Monday was felt throughout' many western and southern states, but* in no state was 1t as severe as it was in Colorado. In Denver the storm dam aged trees and shrubbery, delayed traf fic on street railroads and made the' roads in parts of the city so impassable* that the Humane* Society was forced to issue orders that horses be not used until some of the moisture had seeped away. Local telephone and telegraph wires were tangled and broken by the weight of heavy, clinging snow, and' electric communication in residences and business houses was cut off. The storm, which continued fiercely all Easter day and night, made it dif ficult to attend church services and made the Easter bonnet droop its proud plumage in disappointment. Throughout the state, great dhtnagb was done by the storm. Railroad traf fic was delayed. Washouts were threat ened and serious landslides occurred on the Rio Grande-in the. Royal Gorge and at other points ,op other lines. Telephonic communication was cut off with Pueblo, Trinidad, Florence, Canon. City and Cripple Creek. In Trinidad th«* storm spent Its fierc est force. Much of tfffe’repair work on* ruins of the ‘ rt»c6frt flood was again washed out, and another* flood to feared. Water mains were torn • away and wires broken down, leaving the busi ness section of the city without light or water. . .. . . Wu Ting Fang**. Reforms. Peking, April 25. —In respopiie to a memorial of Mr. Wu Ting Jtong, an im perial edict issued to-dayj&feUshes the punishment of slicing to apCth and s«b» stltutes immediate decapitation.'