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HI8TORICAL80CITEV t i ? i BUM dope is that al lowed by the war cen sors to get by their In spection. NOT much change In temperature tonight or Tuesday; fair skies are predicted. y y V .v EXCLUSIVE A6SOOIATED PREOC) . LEASED WIFRE TELEGRAPH SERVICE - ' j,. ... ij VOL. XXXVI. NO. 89. LAS VEGAS DAILY OPTIC,' MONDAY, DECEMBER 28, 1914. CITY EDITION DDITICU AlfFATHDCB l .1 h uTt-l llml ?H nid STOP ALLIES N A uimuliij i The Russian forces which have been attacking the Galician fortress at Cracow have been driven back 50 miles, and Cracow is now free from immediate menace. It is asserted in Petrograd that the Russians have improved their strategic position by falling back. The capture of Cracow, however, long has been sought by Russia, being regarded as an Import ant step on the way to an invasion of Germany across the Silesian border. Elsewhere In the east few changes have occurred, the Germans hav ing relaxed for the present their assets on the Russian line west of War saw, Th Cp,nch man fff!r ,3vc InHau ' i . , that further progress has been made by the allies, particularly In the Meuse region. The admission is made, however, that a trench south of Ypres was lost to the Germans. The Berlin communication states that Nieuport has been again under bombardment by allied warships and a few civil ians were killed or wounded. It is asserted that attacks by the allies have been unsuccessful. The American cruiser Tennessee is transporting 500 refugees of various nationalities from Jaffa( Syria, to Egypt. Captain Decker of the Tennes see reported to Washington that per mission to remove the refugees had been granted by the Turkish authori ties. The initiative in military operations apparently has been left for the time being to the airmen. Aerial raids across the English cannel to the lower Thames, over Freiburg, Nancy, Metz and Sochachew, Russian Poland, and on the German naval base at Cux haven, Inflicted considerable damage In the aggregate. Detaills of the Cux haven expedition aire still lacking, and although Berlin asserts that the Brit ish aviators accomplished nothing, it is said, in Hamburg that some damage wa)s done. It Is evident, however, that the heavy fog prevented the British from carrying but fully their plans. Activity on land and sea apparently i3 diminishing. -Even In Russian Po land the fighting is becoming less se vere, without a decision having been reached. Vienna admits that the Aus trians have been compelled to retreat before the Galician Carpathians, and In Berlin it Is said that the attempt to cross the Bzura river, In the ad vance of Warsaw, has been abandon ed. In the west the onslaught of the a! liies would seem to have been checked by the counter attack of the Germans. ; Movements Lose Headway London, Dec. 28. On the battle lines in both the eastern and western arenas of the war the onward move ments seemed today to hav& lest something of their headway. . On the western front the allied offensive has momentarily shown a lack of vigor, while von Hindenburg, the German commander, seems to have come to a standstill on the Vistula. At the same time Vienna admits a check to the Austrian forces stationed along the Galician Carpathians. French troops dming the past three avs have .". made - minor - advances, judging' from f i official communica tion given out In Paris, but apparently not at the &me rate of speed as re ported a fortnight ago. vnrt.h of the River Vistula, In Rua slan Poland, the Germans, again re inforced, have retaken the town of Mlawa, but south of the river u, .tin Rtand on their old grounu, In southern Poland, where tie Ger man right Joins the Austrian left, there has been some fierce fighting with slight gains for the Austro-Ger-, man allies, judging from the reports v Berlin and Vienna. declares, o AnBtrlang ,!, forces are pur.,unu me ,nto the Carpathian mountain many ands of pHs QQAI1ITQ lI II CQT ILi) The Petrograd Statement retrograd, Dec. 28 (via London). The investment by the Russians of the Austrian fortress of Cracow has again been raised. Following the dis- covery of an attempt made by the Austriana to divide the Russian forc es in Galicla, the Russians retreated eastward for a distance of 50 miles. The Russian Galician army, which a short time ago was in touch on the south with the Austrian gnrrison de fending1 Cracow, moved back to the Riala river, which Is some 50 miles east of the former Russian position. Notwithstanding the fact that the Russian . retrogression completely re lieved "the investment of the fortress of Cracow, It is claimied by military observers to be a marked advance of the Russians, the recireraent being due to the discovery of the Austrian aim to cut into halves the Russian forces in this region. The Austrians, representations from the Russian southern fronts say, began advancing December 23 from Tymbark, 35 miles southeast of Cra cow, with the apparent object of swinging around the left of the Rus sians along the River Biala, north ward of Tarnow, and Joining forces with the army of General Ermolll, which was advancing along the rail road from Sanok to Lisko. The premature appearance of Gen eral Bohm-ErmolH's army to the south of PfzemysL put the Russians on their guard, and the Russians continued along the Biala river, moved down and attacked the Austrians at Tuc how, 15 miles south of Tarnow, whs re they were successful in preventing a junction of the Austrian armies. Mean- while the attention of the Russians was directed to the Austrians advanc ing from Sanok, which movement was checked. After their success in this disitrict the Russians took the offen sive along the Biala river. Christmas day the Russians won the battle of Tuchow, the Austrians re treating throughout the followiug day. The Russians captured 3,500 prisoners and IS machine guns. , , Later the Russians crossed to the western bank of the Biala and suc cessfully stormed the Height of Sied- liska, four miles south of Tuchow. The Russians took possession of a 20-mile strip of territory and thus sue needed in separating the two Austrian forces. General Boehm-Ermelli's army is said by the Russians to be in full re treat and the western army of the Austriana is ' reported to be badly crippled. Russian forces, according to advices received today from Galicla, have suc ceeded in crossing Bilall river and in taking possession of a 20-mile strip of territory south of Tuhow, thereby separating the two Austrian armies. The two forces of General Bohem-Er-molli, the Austrian commander, are claimed by the Russians to be retreat ing precipitately and the western Austrian army, is said to be badly crippled. The German Statement Berlin, Dec. 28 (by Wireless to Lon don )The German official statement given out today reports that the al lies yesterday made an attack by land and sea on the town of Nieuport, sit.oourt wjttjin 60 days. Frank was sen the extreme right of the German line tencf;J to oe hanged January 22, next in Belgium, but that no serious dam age resulted. The Germans also re ported the capture of several trench es and of a number of prisoners to the south of Ypres and the repulse of a French attack in the region of Arras, Verdun and Senheim. The text . of the communication reads: "In the western theater the enemy unsuccessfully renewed his attack on Nieuport, supported by warships, which did no damage to us, but killed or wounded a few inhabitants of VVestende. An attack on the hamlet of St. George .also failed. "South of Ypres we captured one of the enemy's trenches, and some dozens of prisoners fell into our hands on this occasion. "Several violent attacks by the en emy to the northwest of Arras were ro pelled. To the southeast of Verdun the (Continued on page Four) SUPKEMECQUKTGRANTS LEO FRANK'S APPEAL HE WILL NOT HANG FOR A YEAR AND ONE-HALF AT THE EARLIEST Washington, Dec, 28. Justice La mar of the supreme court today grant ed an appeal from the decision of the Georgia federal court, which refused to release L?o M. Frank on a ha&eas corpus; proceeding. Frank Is under sentence for the murder of Mary Phagan, an Atlanta factory glrL Attorneys of the condemned man have bgen fighting for weeks for the appeal, which was onc previously denied them, although; on another phase of the proceeding, Frank's at torneys argued to the; federal court of Georgia that state courts in which Frank had been convicted of murder had lost jurisdiction over their client because he had not had a fair trial' and should be tried, in an atmosphere of fairness. . The Georgia federal court refused to release Frank on a habeas corpus writ. Justice Newman refused and declined to grant an appeal to the supreme court. The fuipeal to Justice Lamar, granted today, permits them to bring their case up for hear in? in Washington. Justice Lamar, in a statement, ex plained why he had granted the ap peal. He said the application for the appeal presented an entirely different situation from the application for a writ of error, which he had declined to grant soma time ago. The case would be heard by the fall court in the ordinary course of business in about a year and a half, unless the state of Georgia should ask to have It advanced. Meanwhile Frank's execu tion is stained. Justice Lamar concluded his state ment by saying: "The supreme court of the United States has never determined whether, on a trial for murdler in a state court, the due process clause of the fedora iniMiatitnt.lon guarantees the derenaam a right to be present when the v;er dict is rendered. "Neither has it decided the effect of a final judgment refusing a mow trial in. a ca.se where the defendant did-not make the fact of his absence when the verdict was returned a ground of the motion nor claim that the rendition of the verdict in his ab sence was the denial of a right guar anteed by the federal constitution. "Such questions are involved in the caste, and since they aare never been settled by an authoritative ruling by the full court, It cannot be said that there is such a want of probable cause as to warrant the refusal of an ap peal." An Early Hearing Atlanta, Ga., Dec. 28. Solicitor Dor sry, who conducted the prosecution of Leo M. Frank, said he hoped to have the case heard in the supreme AT Sfflll VAR PRISONERS Ml, ELL FED ENGLISH INVESTIGATOR SAYS CAPTORS TREAT THEM DECENTLY COLD IS WORST DRAWBACK MANY SOLDIERS ARE WEARING THEIR SUMMER CLOTHING IN WINTER ENGLISH USE GREAT LINERS VESSELS AT THE DOCKS ARE FOUND TO SERVE WELL AS PRISONS Washington, Dec. 28. Chandler An derson, who as specT.ii attache of the American lerobassy in London made an investigation of military prison tamps in practically all the European belligerent countries, declared today there was no substantial difference in the treatment Of prisoners of war, and that probably in every case they were cared for as well the captors could afford, considerinf.jAeir own military necessities. Mr."jucrson made per sonal Investigation in : England, Bel glum, Germany and Austria, and also had knowledge from reliable sources as to those in France and Russia, Mr. Anderson praised the work be ing done by Walter Hines Page, the American ambassador to London, and said that through the excellent rela tions Mr. Page has established with tbe foreign office he has been able to accomplish many things beyond the reach of other officials1. The Ger mans, at the date of Mr. Anderson's departure from Europe, had atout 450,000 prisoners of war. About 200,- 000 were Russians, an equal number French and about 17,000 British, the remainder being Belgians. The pris oners were given the regular army, ra tion, and their iprincipal lack was clothing suitable for the season and oportunities for bathing. Most of them had been arrested in summer and fall, wearing light clothing,, and were consequently suffering some what from the cold. The military prisoners, particularly, were found in the worst circumstances because the German government would not allow them to accept and wear civilian clothes, lest it facilitate their escape. In England the German and Aus trian prisoners have been confined to the race courses, but more recently have been transferred to ocean liners lying idle at their docks. The quar ters on the vessels are good, with every facility for keeping the prison ers warm and properly fed. Conditions in Austria, Mr. Anderson said, are like those in Germany, and the same is true of Russia." One of the unavoidable hardships Of -' the prison camps in all countries was the enforced association o all classes of society. KILLED IN ROCK SLIDE Georgetown, Colo., Dec. 28. Misa Sarah O'Connell, a school teacher, was killed early today when a rock slide demolished the O'Connell home and four other buildings. Miss O' Connell was asleep In bed at the time with her mother. The latter escaped uninjured. The deceased was the daughter of Barney O'Connell, former Rtate senator. STALLED TRAINS MOVE Phoenix, Ariz., Decl 28. Eight westbound trans-continental .trains, marooned In southern Arizona by the floods of last week left here today with SOC passengers, some of whom" had been stalled since Chris! ma. A BUSY BIRTHDAY WOODROW PRESIDENT IS BESET BY MEN WHO WISH APPOINTMENT TO OFFICE HE SAYS HE FEELS GOOD THIS IN SPITE OF FACT HE IS WORKING ON TRADE COMMISSION KANSAS GOVERNOR TALKED OF HODGES MAY GET FEDERAL JOB AS SOON AS HE QUITS PRES ENT POSITION Washington, Dec. 28.-President Wilson expects to send to the senate this week nominations of the five members of the federal trade commis sion. It was said at the White House today that while he had not finally chosen the commission, he has nar rowed his list of eligibles down from 300 to a few men. Among the men whom the president is understood to be considering are Governor West of Oregon, Joseph E. Davies, commissioner of corporations; Albert D. Norton!, a St. Louis lawyer and former progressive condidate for governor of Missouri; Henry j. Wa ters, president of the Kansas agricul tural college; George F. Peabody, a New York banker and business man; Edward N. Hurley of Chicago, presi dent of the Illinois Manufacturers' as sociation, and an expert on foreign trade, particularly in South America; former Attorney General T. S Felder of Georgia; former Governor Anse of South Carolina and Governor Hodges of, Kansas. ... Many Callers Practically all democratic senators in the city and many representatives called on the president to congratulate him on this, his-fifty-eighth birthday anniversary. The president told his callers that he" had never felt better. The president's cabinet arranged to call on him In a body at 6 o'clock this evening to pay their respects and con gratulate him. Other government of ficials left cards or sent letters of congratulation during the day. JOHNSON WILL C0I1E TO JUAREZ TO BOX MARCH 17 IS SET AS THE DATE FOR HIS ENGAGEMENT WITH WILLARD Chicago, Dec. 28. The date of the heavyweight championship boxing con test between Jack Johnson and Jess Willard has been set for March 17, in Juarez, Mexico, it was announced by Willard's business ; representative. Curley Denies Report El Paso, Texas, Dec. 2S.r Promoter Jack Curley, who has signed Jack Johnson and Jess Willard for a world's championship contest, denied to-day the report from Chicago that the date for the fight had been set and that Juarez had been set as the place. . "Neither the date nor the place for the fight has been set," he said when shown the Chicago dispatch. ."It will probably; be held March. -6 or 8 and Juarez has a good chance to get :' but this Is not certain. It will prob ably not be held In March." AMERICAN CONSULS LEAVE Washington, Dec 28. The German government has formally notified the American sutte department that American consuls at Belgium must bo acceptable to the German military authorities and that it is desirable that" some of the consuls be with drawn for the present at least. MILLIONAIRE ACCUSED CIcago, Dec 28. Joseph Fish, mil lionaire fire Insurance adjuster who was acquitted on a charge of arson Christmas eve, was placed on trial again today on another arson charge. Twelve veniremen were sworn and edjourament taken for a week. FOR VILSON AMERICANS SHOT BY CANADIAN IILIIIA ACCORDING TO THE REPORT, THEY WERE HUNTING DUCKS OUT OF SEASON REFUSED TO OBEY WARNING INSTEAD OF CEASING THEIR GUN NING, HUNTERS ROWED FUR THE RF ROM BANK ONE DIES OF HIS WOUNDS THE OTHER," BADLY HURT, IS TA KEN PRISONER BY PROVIN CIAL OFFICERS Buffalo, N. Y., Dec. 28. One Amer ican was instantly killed and another seriously wounded by Canadian troops patroling the Canadian border at Fort Erie, Ont., opposite this city, today The men were hunting ducks out of season in the Niagara river and In Canadian waters. Provincial Police Officer Thomas Delaney of Fort Erie ordered the men to stop shooting. They declined and Delaney called upon a corporal and two privates of the Forty-fourth battalion of the Ca nadian militia for assistance. The corporal ordered the men to come ashore. Instead they headed their boat for the American shore and were beating a hasty retreat when on order of Delaney to the soldiers they fired upon them. Walter Smith was shot through the,-head and killed, and Charles Dorsch was seriously wound ed in the shoulder. Both resided in Buffalo. When the hunters toppled over tn their boat the soldiers put out In a bt anr -to-wed the .hunters' craft to shore. Secretary of State Bryan was not! fled of the shooting by Vice Consul J. P. Curtis of Fort Erie. "Whether or not complications will result is a debatable question,'' said Mr. Curtis. "While two Americans were shot, the information available i3 that they were shooting ducks without a Canadian license and were in Canadian waters, where they had no right to be under the circumstan ces. No arrests have been made as a result of the shooting." The coroner's inquest will be held late today. BISHOP RIORDAN DEAD San Francisco, Sec. 28. New. Tear's week will be one of mourning for the largely Roman Catho!?c population of San Francisco and for adhenents o that denomination all over the coun try, who lament the death yesterday of Archbishop Patrick William Rior dan of the archdiocese centering here. ' WHEAT STILL RISING Portland, Ore., De-. ZS. Today sa w the previous record prices which have prevailed on the Portland wheat ex change in the last few weeks surpass ed, when 5,000 bushels of bluestem j wheat for February delivery sold at $1.32 a bushel, and 5.000 bushels of February club sold at ?1.30. The price paid for February bluestem was three cents above the last previous sales. Bids for other grades of futures were from one-half to one cent higher than last Saturday as were the bids on spot Russian, red fife and club. Exportation of wheat and flour to Eu rope continues on a large scale. WHERE IS THE COIN? Coffeyville, Bas., Deev s8. Walter Johnson, the baseball pitcher, had not up to late today received the $6,000 which dispatches last Saturday said President Weeghman of tue Chicago Federals was returning to him. The money was sent to the Chicago club by Johnson to pay back a bonus ad vanced for signing a contract with the Federals. Johnson said, even if the money came, he would not accept it until after he had the advice of Man ager Griffith of the "Washington club. FRENCH BANK PAYS Paris. Dec. 28. The Bank of France declared a dividend today for the sec ond semester of the fiscal year of 90 francs ($18). During the preccdina; fiscal year dividends , amounting to 208 francs ($331 were paltt GUTIERREZ VILL JOIN CARRANZA FORCES FUGITIVE PROVISIONAL PRESI. DENT TO GET AID FROM HIS RIVAL NEWS REACHES WASHINGTON AGENTS OF THE FORMER "FIRST CHIEF" OF CONSTITUTION ALISTS PLEASED FIGHTING NOW IN TlXPAM VILLA CONCENTRATES HIS FORC ES FOR AN ATTACK ON THE SEACOAST Washington, Ixic. 25. General Vil las forces have suspended their at tacks on Ebano, near Tampico, and tave continued their attacks on the seacoast of Tuxpam where fighting is in progress today, according to ad vices to the state department The Carranza agency here today displayed the following telegram re ceived from Carranza representatives at Galveston: "Federal reports here although uncon firmed say that due to lack of com munication the Villa forces are eva cuating Mexico City. It is believed they are doing this om account of the crying need of forces in the north, to. save the lines of communication and to prevent Torreon, Chihuah.ua and Juarez from being captured. Villa would prefer to engage in battle out side of the capital with Carranza'? army of 100,000 men lying between lure and Mexico City. "Eulallo Gutierrez, through a com mission, has authorize:! Antonio 1. Vi' lareal, as president ot the now extim -t Aguas Calientes convention,' to ac cept his resignation as provisions f president and to notify Carranza that his services will be at the orders of the first chief. "There whereabouts of Gutierrez is now not definitely known, but it is believed he Is making bis way toward San Luis Potosi. This action on thft part of Gutierrez, which Is being fol lowed by many of his subordinates, is (Continued on Page Five.) STRIKERS PURCHASED ARMS FOB DEFENSE. THIS IS EXPLANATION MADE IN MURDER TRIAL AT CANON CITY Canon City, Colo., Dec. 28. David Robb, a national organizer or tno t'nited Mine Workers or America, spent, between $300 and $100 of union funds for arms during the week pre ceding the attack by strikers upon the Chandler mine, according to 'Robb's testimony today in the trial of seven ex-strikers charged with mur der of William King in the Chandler battle of April 26, 1914. . Itobb, one of the defendants, was called to the stand for cross-examination when the trial was resumed af ter the Christmas recess. He said th money expended for arms had been raised by the six local unions of min :pn la Fremont county. The witness said the feuns were .secured for pur jKses"f J'tfeiMie.-. He denied that ho had Incited the striker to orgaui; for the attack ,wpon Chandler. Must Vacate Houses Wheeling, W. Va., Dec. 28. Notices were sent out today from tho offices of the Purseglove Mahrer Coal com pany, operating mines in eastern Ohio to its striking miners, telling them that they would have to pay rent for company houses they occupy after January 15. Fifteen hundred men who have been on strike since last April will be affected ly the ord-r. which Is expected "will be duplicate ? by other operating companies. Copies of the notice were sent to John P. While, president of the Trs? ted Mine Workers of Africa, at In dianapolis, and to John tteart of the orcsnizatlcn hi O'i'o ;if Colo;..