The Omaha Daily Bee
Advert ! In
THE OMAHA DEE
Best '.?. West
NEWS SECTION.
Pages 1 to 8.
VOL. XXXVII XO. 34,
OMAHA, SATURDAY MOHNIXO, JULY 27, 1907 SIXTEEN PAGES.
SINGLE COPY TWO CENTS.
(
MINES TO REOPEN
Two of Largest Properties on Range
Will Resume Monday.
PROTECTION ASSURED TO ALL
Larger Stripping Crews at Hibbling
Than Before Strike.
FEDERATION OPENS A STORE
Socialistic Picnics Announced for Hib
bling and Evalette Thursday.
RECEIVER FOR LABOR UNION
Thr Finn Rrtnrrn Factions of the
Mluonrl Brewery Workers'
Aaauelstlon la Takrn
Into too rt.
UI LUTIT, Minn., July S6.-The Fayal and
the Adams and Spruce mines at Eveleth,
two of the largest properties on the ranges,
will resume Monday and the men who
want to return to work may do s then.
A largo muss meeting of citizens was held
at Eveleth last night. Resolutions were
adopted condemning the Western Federa
tion of Miners and assuring protection for
all men who desired to return to the mines.
Strike leader Fctrlella left Hebhlng to
day for Eveleth and Acting President Ma
honey and Acting Secretary Klrwan of the
Western Federation of Miners were also
expected there today from Denver. The
chief of police of Eveleth said today that
Btrlke agitators would not be allowed to
make street speeches or hold street meet
ings. At ChlHholm today 200 foreigners
who have been Idle all week, went, under
guard, to the Monroe Tenner and Olen
locations to go to work. There was no dis
order. Larger Crewe Employed.
At Hibblng all was quiet and matters are
progressing satisfactorily. On all stripping
work larger crevs were employed today.
The federation purchased a store at Hib
blng yesterday and is running it for the
benefit of the strikers. They tried, un
successfully to purchase goods from the
traveling salesmen from Duluth. They
were unable even to buy cigars.
Petrlella went to the Stevenson mine yes
terday end organized about 100 Italians,
but Immediately after he left some of tho
prominent Italians of Hibblng undid some
of his work. They explained conditions
more fully to the men who were Ignorant
of what they were doing and almost to a
man they deserted the federation. There
was a report at Hibblng today- that some
men had been frightened away from the
Monroe Tenner dump and Deputy Sheriff
Magle left to Investigate. It 1b said big
socialistic picnics will be Tte'.d both at Hlb
2l!ig and Eveleth Sunday morning.
T Mill Confer in South.
KANSAS CITY, July 2a The conference
begun here yesterday between representa
tives of the United Mine Workers, the
Southwestern Coal Operators' association
and the Western Coal and Mining com
pany In an attempt to settle the differences
(rowing out of the powder question that
led to a strike of 300 Kansas miner was
resumed this morning.
Heerlrer for Labor I'nlon.
ST. LOUIS, Mo., July 28. Suit was
filed in the circuit court today, asking
the appointment of a receiver for the
Brewery Workers' association of Missouri.
The plaintiffs are John Bokel, John Mein
hart and Jacob Suess, who sue for them
selves and such other members of the Deer
Drivers' union No. 43 as may choose to
Join with them. The receivership Is asHed
for to sottle rival cluiina on property
valued at $3),onO.
; RESTORES RIGHTS TO WIFE
Ungllah Divorce Conrt Finds Allow
ance to American Wife
Insufficient.
LONDON. July 26. The divorce court to
day handed down a decree granting Lady
Bagot of Hugely, formerly Miss Lillian
May of Baltimore, the restoration of het
rights as a wife. Lord Bagot was sued
on the ground that his allowance of $4,000
to his wife was not sufficient for her
maintenance and that of her baby daugh
ter, Barbara. He left Ms wife soon after
the christening of the child. It Is under
stood that Lord Bagot, before his marrlago.
signed an agreem-:: h-t ill the children
born of the union should be brought up
In the Roman Catholic faith, but English
jurists held that such a contract was not
binding. Counsel for Lord Bagot an
nounced today that the defendant did not
propose to reelst the claim. In the event
of Lord Bagot not obeying the decree of
the cdTirt. Lady Bagot will be In a position
to sue for divorce on the ground of d
sortlon.
SITUATION AJ ASHEVILLE
lodge Lyon Holds Ticket Agents
koala1 Be Punished for
Violating; Law.
A8HBVILLE, N. C July . Assistant
United States Attorney General . Banford
spent' part of today In conference with
railroad officials and with Judge Prltcli-
erd. He was expected to leave this after- i
noon. He will report to Washington mat
his effort to restore peace was fruitless.
Judge Lyon of the superior court Is holding
the grand Jury In session at Marlon and It Is
stated It has reported a true bill against tho
ticket agent at Marlon. Several superior
court Judges have Ignored the subject of a
conflict between the federal and state
courts and Judge Moore advised against
further indictments of ticket agents. Judge
Lyon, however, declared the ticket agents
were violating a crlnilnal statute and
should be Indicted like a "pig or horse
thief."
TEACH OFFICERS POLITENESS
New York's Police Commissioner In
tends to Have His Men
Well Behaved.
NEW YORK, July SS. General Bingham
who, slnoe hie appointment as police com
missioner of Greater New York, has in
stituted many reforms, gave the police force
yesterday through fifty policemen who
were haled to the trial room. Instructions In
civility. He said:
The mlnuta a cltlsen addresses a member ,
of a police department he should stand at
attention. If It Is a lady touch your hat. I
Answer all questions briefly, using no un
pecesaary words.
Tha rest nf vou fllom-a naaa that alnna I
There have been too many CWlLiUlUl SbtfUt 1
soulvUl Mb IWUoeiueu,
CHMMADV fiV TUP RFFIIIUTnT AlTFRPnPrcnnmi
U VLIlllirill A VTt UU aTUs-I
Saturday, July 27, 1007.
1007 JULY 1907
us mom rvl wto ru sat
CI 2 3 4 5 0
7 8 9 10 II 12 13;
14 15 10 17 18 19 20
21 22 23 24 25 20 27
28 29 30 31 1 SJfJC
THE WEATHER.
FORECAST FOR NEBRASKA Fair and
warmer.
Temperature at Omaha yesterday:
Hour. Ieg. Hour. Deg.
6 a. m 6J 1 p. m 72
a. m ft! 2 p. m 74
7 a. ni f2 3 p. m 71
8 a. m til 4 p. m 74
da. m M 6 p. m 75
10 a. m tW Up. m 75
11 a. in 70 7 p. m 71
U m 72 8 p. m 72
V p. ni 7
DOMESTIC.
J. R. Wyson of Wood River was killed
In an accident at Warsaw, Ind. Page 1
Counsel for Mrs. Mary Baker Eddy asks
for speedy hearing on the competency
question before the special masters.
Page 1
Tension Commissioner Warner argues
famous will case rt Clinton, 111., In whl?h
he Is seeking to prevent his step-mother
from realising on his father's estate.
Page 1
George Maekowan of nakersfleld, Cul.,
admits he is the man for whom the Web
ster City, la., police are looking. Pajre 1
Judge at Ashevllle contends that ticket
agents breaking a criminal statute ohall
be prosecuted. Page 1
Senator Borah, In concluding his re
marks for the state In the Haywood caws,
says that every purticlo of evidence points
to conspiracy between the officials of the
federation and Harry Orchard. Page 1
Miners' strike In the northwest range
country believed to be In hand by tho
operators. Page 1
Citizens of Clinton, 111., raise a fund
for the prosecution of Fred H. Magill.
Page 1
ZTEBBASKA.
On account of lack- of evidence to dis
prove claims of express companies a
compromise may be accepted on a 15 per
cent reduction. Commission urges pro
ducers and small creameries to be pres
ent August 6 and participate In the heur
lng over the cream rate. Judge Albert
of Columbus files as populist candidate
for supreme Judge. Page 3
Retailers In Nebraska send letters to
Food Commissioner Johnson Informing
him that they will obey the pure food
law.
Page 3
FOREIGN.
Berlin has a Jack-the-Rlpper, who has
assaulted five little children, killing two
In a fiendish manner. Page 1
Gasoline launch capsizes at Toronto,
drowning eight persons. Page 1
Plot has been discovered against the
life of the czar and many Indictments
will be returned. Psr a
Japanese admiral at Pails says that he
does not know of any plans of his coun
try may have upon eastern nations fur
ther than to advance the interests of the
Asiatic race. Pago 1
Mrs. Leslie, convicted of obtaining
money under false pretenses In London,
was sentenced to five years' Imprison
ment. 1
Cuban elections delayed by the delay in
returning census figures. Page 1
LOCAL.
George W. Edwards goes to Eureka,
CaL, to bring home the body of Mrs. C.
A. Wlnslow, who was lost on tho Colum
bia. ar
Eight councllmeri agnlnst three sustain
the levy for city and schools of 64 '4
mills as made by the general coun-ll
ccmmlttee. Page 6
Chief points In the new garbage ordi
nance which becomes effective August 1
are pointed out to householders. Page 11
Judge W. H. Munscr of federal court
renders his opinion holding that the
Sibley law must stand, making a reduc
tion In express company rates of 25 per
cent. "
Cavers-Van Dorn Elevator company
sells out for $25,000 to C. D. Sturtevant.
Page 11
Syndicate which owns the vacant cor
ner at Sixteenth and Harney offers to
erect two buildings for any purchaser.
Page 0
MOVEMENTS OP OCEAN STEAMSHIPS
Port. Arrived.
LIVERPOOL ....Mrlnn
Qt'KENKTOWN ..ic'adrlc
PKKMKN
1IKKMKN
BOSTON Manrhentar ...
BOSTON H.-liUhlli-
NAPLK3 llulsarU
NAI'LKS l'nm-eaa lrcna.,
OIHRI,TAR ....Konianir
ANTWERP
VENUS Gfrtr
UUAU Smulenak ,
Fulled.
. Baltlo.
Rrealau.
Trara,
filmland.
ALABAMA WILL FIGHT ROADS
House Passes Bill Giving Fifty Thou,
aand Dollars to Support
State Laws.
MONTGOMERY. Ala.. July 26. The bill
to appropriate $0,000 for resisting the fights
made by the railroad on state rate regu
lation laws was passed by the house today
and now goes to the governor, who Is ex
pected to sign It at once. The Alabama
situation Is somewhat similar to that In
North Carolina, except that Govenor
Comer Is not attempting to violate any of
the orders of the federal court, being will
ing to let the. matter be fought out In
the courts.
KOSHER BUTCHERS CLOSE UP
Disorders In Philadelphia Are 'on
Well I'nder Control by
Police.
FHIIADELPHIA. July 36. All of the
kosher butcher shops are closed today as
a result of yesterday's disorders and all
meat not spoiled by the crowds was re
turned to the wholesalers for storage. The
entire Jewish section Is being strongly
policed today and there were no disorders
of any consequence. The retail kosher
butchers have appointed a committee to
call upon the wholesalers and endeavor
to obtain a concession In the wholesale
price of meat.
RAISE FUND F0R ATTORNEYS
Cltlsens of Clinton, 111., Will Posh
Proeeentlon of Fred
MsGUI.
CLINTON, 111.. July 26.-The approach
ing arrival In Clinton of Fred II. Mulllll
and his bride, Fsye Graham MaGIU, ar
rested In California, charged with murder,
has aroused the cltlsens of the town to
such an extent that within six hours $4 000
was rslssd ta aid La the preeeeuUata of the
man and woman who are accused of hav
ing caused the death of Uu. Pet MaGM,
laOUTs first wife.
HiUU iivi auiuuuv luu iwi
I
I
Jap
janese Will Use Loan at it First
Wat Intended.
ADMIRAL IJUIN GIVES INTERVIEW
Ills Conntry Interested In Greatness
of Asiatic Race, hnt lias No
Intentions In the Chi
nese F.mplra,
PARTS, July K. Gil Bias publishes today
an Interview with Vice Admiral Ijuln
commander of the Japanese squadron
at Brest on the Japanese navyv , v
Japan had not decided. In V',P ,V-"
happenings, to enlarge Its X.A' . -val
construction, the vice edn X ,,,ed:
"We have a naval progi. .i for several
years ahead and we shall execute It punc
tually and rigorously, as do the great na
tions of Europe. Dut this program has not
been enlarged of recent months, and It
stands as It did when originated by the,
admiralty last year,"
Continuing, the admiral said It was In
exact to declare that the Japanese loan
would be used for the Increase of naval
power and explained that this money would
be devoted to the construction of railroads
and other communication in Manchuria.
"We are satisfied with the navy," Vice Ad
miral IJuin went on, "and we believe this
branch will be able to cope with all event
ualities. The Japanese Parliament, while
refusing nothing for national defense, holds
us rigorously to the naval appropriations
and these we never exceed. We are to
build three warships of the type of the
Tsukuba, but more powerful, and they are
to be constructed In Japanese yards from
material furnished by Japanese Industries."
Vice Admlrul IJuin knew nothing of any
Intention on the part of the Japanese to
build warships for China. We are Inter
ested In all things concerning the grandeur
and power .of the Asiatic race," he said,
"but up to the present time we have not
had to concern ourselves with the Chinese
marine. China has not appealed to us and
It is not yet seriously Interested In the
reorganization of its navy."
Minister of Marine Thomsen entertained
at luncheon today Vice Admiral IJuin and
the other Japanese officers from the
squadron now at Brest. British Ambassa
dor Bertie was the only outsider present.
The toasts exchanged were cordial.
MANY COME TOJHEAR DELMAS
Has Large Audience an lie Makes
Cloning; Talk' in Glass
Cnse.
PAN FRANCISCO, July 2fi.-Not a seat
within hearing range was vacant In the
auditorium of Temple Israel-SherUh today
when Dclphln M. Delmas began the clos
ing argument In defense of Vice I'resldent
and General Manager Louis Glass of the
Pacific States Telephone nnd Telegraph
company, whose trial for bridery has been
progressing for two weeks before a Jury
In Judge Lnwlor's department of the su
perior court.
"This Is an Indictment." said Delmas,
"charging Louis Glass with the crime of
br "jury, alleged to have been committed
by giving to one Ttoxton tho sum of $fi.f0
on the 15th of March, 1308, lor the purpose
of Influencing his notion as a supervisor
of this city and the county In a matter then
pending before the board, the application
of the Home Telephone company for a
franchise to operate In this city. To this
charge he pleaded rot gu.lty and the ques
tion of his guilt or Innocence Is the Issue
and the sole lasae which you are to try.
"What Is the evidence here? What Is the
proof of the commission of the crime? The
only proof that any money was ever paid
to Dr. Boxton Is his own unsupported tes
timony. "If Boxton was bribed he Is as much
guilty of the crime as Is the man who
bribed him. That he was an accomplice
If the crime was committed Is admitted by
the prosecution. You have then the sole
testimony of a man who tells you he sold
himself over and over again a man whom
the law stigmatizes as unworthy of belief
In himself, and whose testimony must be
corroborated by other and uncontamlnated
with the commission of the crime before
a conviction can be had."
ADVISE AYRES TO CONTEST
Retired Army Officer May Present
His Case to President
Roosevelt.
NEW YORK, July 26. While Lieutenant
Colonel Charles G. Ayres, who wus offi
cially notified of his retirement from tho
army yesterday, has annonuced that he
will, as a soldier, accept the order of the
commander-in-chief without comment, It
Is known that his lawyer. Colonel Mann
Trice, has advised him to proceed further.
Colonel Trice himself makes the announce
ment. He said:
While the colonel appears to be the pic
ture of mental and physical vigor, still the
Tliagnosls of the army surgeons indicates
that he has Brtght's disease in an ad
vanced and Incurable state. I have ad
vised Colonel Ayres that if he did not
concur in this dlagonsls to have an exami
nation made by competent physicians in
private life and If their diagnosis did not
bear out that made by the armv surgeons
to submit those facts to the War depart
ment and the president. I have not heard
from Colonel Ayres since and do not know
what he bus determined to do In the
premises. I am confident, however, that If
a competent board of physicians should
make a report adverse to the finding nf the
army surgeons, the president would givn
the matter due consideration and would
reinstate Colonel Ayres.
Mrs. Ayres, In a lengthy story today con
firmed the stories already published of the
events leading up to her husband's retire
ment. She told of the alleged persecution
of her son. who Is a cadet at West Point
. . . . , , " V to'nt,
and how her intercession for him led in
tm.t f ,i, , 1- ,? ' '
- - " - - v. ici M&ifi uuicers
there. She told of the overcoat Incident
at Vest Point. In which her daughter
Emily was Involved, of her fM.tiu,. ... i
test, to West Point officers, and how
when the overcoat Incident got Into print,
she was accused of giving It publicity and
was then debarred from entering the mv.
ernment nost.
Mrs. Ayre. also anounced that she would
onng suit against several West Point offl-
cers for conspiracy and slander In rH.
to bring the entire matter before
the
courts.
WOOD RIVER MAN KILLED
J. R. Wyaoa Was Crushed Between
Cars at Warsaw, lad.,
and Dies.
LA PORTE, Ind., July 26,-(Speclal Tele
gram.) J. R. Wyson of Wood River. Neb.,
a brakeman on the Pennsylvania railroad,
was caught between the care last night at
Warsaw in making a coupling and was
crushed te death. He was ST years of age
and had been railroading but a few days.
The body will be sjmU to the. Nebraska
town for burial,
FIVE YEARS FOR MRS. LESLIE
; Court In t.nndnn Sentence American
I U nivian. Ian I a. lie.
in .a nr.
j I-ONDON, July 26-Mis. Josephine I.eslle
was today found guilty of the churge of
defrauding members of well known faml
HcB by frtlse pretense, and sentenced to nve
years penal servitude. It was her custom
to represent herself as a friend of J. Fler
pont Morgan and declare he guided her In
vestments. At the hearing Mr. Morgan
testified he did not know the prisoner and
never had any dealings with her.
Counsel for Mrs. Leslie stated In court
tb?' t prisoner was an American and
maiden name was Marie Josephine
V' it. She was sentenced In London
.ober 22. 1901, to six months' imprlson-
ment for obtaining money under false pre
tenses. In passing sentense the Judge said he
thought Mrs. Leslie was of unsound mind
and that he would refer the case to the
home secretary.
DISCOVER THE HOLY GRAIL
Glass Vessel Fonnd In Glastonbury
Abbey Relieved to Be of
Sacred Cnnrr.cter.
LONDON, July 26. The Express prints a
story of the discovery near Glastonbury
Abbey of a glass vessel of beautiful work
manship and apparently of great antiquity,
which one at least, of the discoverers be
lieves Is the holy grail of the Arthurian
legend. The holy grail is the cup from
which Christ Is reputed to have drunk at
the last supper and according to ancient
British tradition It was brought to Eng
land by Joseph of Arlmatliea after the
crucifixion. The vessel Is of bluish green
glass of some kind cunn'nply inlaid with
silver leaf A number of eminent persons,
Including some peers with ecclesiastical
Interests, Ambassador Reld, Prof. Will
iam Crookes and the Rev. R. J. Campbell
have examined It. It Is now In the posses
sion of Prof. Crookes, who has under
taken to solve It.
RUSSIAN - JAPANESE TREATY
Aftreement Between Two Countries
Not to Fluht Wllhont Notice
of Hostilities.
BERLIN. July 20. The National Zeltung
publ'shes what purports to be the text of a
pecret agreement between Russia and
Japan by which each government Is bound
to give the other twentv-four hours' no
tice before beginning warlike activities by
calling out either nnval or the army re
serves. This understanding Is limited to
Asia unci applies to warfare undertaken
alone or with an ally. The treaty, the
newspaper continues, wns signed shortly
after the Portsmouth trenty and Is for
three years, it was communicated In con
fidence to the dowager princess of China.
The paper makes no attempt to explain the
I significance of the compact
CABLE THANKS TO MARQUIS
Japanese Believe Peace Will Now He
Permanent In the Far
Kb at.
TOKIO, July 25. The members of the
constitutional party holding seats In the
House of Representatives passed a resolu
tion today expressing their belief that the
nation would be satisfied wtlh the speedy
conclusion of the new convention with
Cores, whereby the roots of the existing
evils would be removed. Peace In the far
east would thereby be effectively secured,
together with the advancement of Corea
upon the pathway of civilization.
They subsequently cabled the resident
general, Marquis Ito, the unanimous ap
preciation and gratitude of the meeting, at
the prompt conclusion of the convention.
CUBAN ELECTIONS DELAYED
Census Returns Slow In Comlno; In,
Hence Voters Cannot Act
at Once.
HAVANA, July 26. -The. Cuban elections.
It Is now generally ronceded, cannot be
held this year. Secretary Taft had hoped
t0 hoM municipal elections in September or
October, but It Is found that Hie census,
which must be completed before the elec
tions, can hardly be completed until late
In the fall. The elections In consequence
cannot be held until January or February.
The situation, so far as the elections are
concerned, Is disappointing to Cubans gen
erally. GASOLINE LAUNCH CAPSIZES
ElKht
Men Are Tlionaht to
Dead at Toronto as
Result.
Be
TORONTO. Ont.. July 26.-A gasoline
launch capsized In the storm at Sunnyslde,
the western suburb of Toronto, last night
and of the ten men who were In It, only
two are known to be safe. Three bodies
have been washed ashore. It Is believed
that the men drowned are Frank Kyle,
Joseph Irwin, John Irwin (brothers) and
John Bowden, all of Toronto and four
others not yet Identified.
STRIKE ATHbIIfAST BROKEN
Factories Able Now to Get Coal and
Will Resume Operations
Soon.
BELFAST, July 26 Compromise has re
sulted in a partial break of the strike
among the dock laborers of this port, which
has been going on for a month or more.
Today a thousand men went back to work,
I ... . ,'
, , I "V.
down yesterday will be able to reopen In a
. . j ,
da' or two- The cart drivers are still out.
FIENDISH CRIME IN BERLIN
I'" ' V" V'. '
j "j,. 1
i
BERLIN, July 26.-A fiendish and
' '" hls 'p'ram ,n
mn
I K,r,s are nlB victims. The man approached
! the children, .and by a deft stroke with
knife, ripped open their stomac hs. One of
the children Is dead. Each crime was com-
mltted a dlft'erent locallty- The criminal
escaped.
KILLED BY HIS OWN SOLDIER
Russian Colonel Assassinated by E -
sailor of Mntlnous Bat
tleship. TIFL1S. Transcaucasia, July 26 Colonel
rvbrowolsky, commander of the 201st In
fantry, was shot and killed yesterday by
a soldier In his own regiment, who Is an
ex-satlnr of the mutinous battleship Trt
Bvlatltnlla. The assassin fired Uu-ee Umee
from rifle.
KIRUT Jv K Til sTAn
I uiubut x.i II IJ i V tJIXWTUr
Judge Munger Denies Injunction to
the Express Companies.
i PLEA OF ABATEMENT OVERRULED
Statote of Last Legislature Reducing;
Express Hates Twenty-Five Per
Cent I pheld In Federal
Court Cnse.
The Sibley law. enac ted by the last Ne
braska legislature, reducing the rates of
express companies In this state 26 per cent
will stand without being enjoined by the
federal court.
Judge W. H. Munger handed down a
memoranda opinion in the Vnited Stales
circuit court In the case of Levi C. Weir,
president of tha Adams Express company
agnlnst Hudson J. Winnett, J. A. Williams,
Hem-y T. Clarke, Jr., constituting the Ne
braska Railway commission and William
T. Thompson, attorney general of Ne
braska, in which he denies the application
for a temporary Injunction asked by the
complainants and overrules the plea In
abatement aked by the attorney general.
The express companies are given leave to
renew their application for an injunction
at a future time should changed conditions
require.
The express companies had asked a tem
porary Injunction to restrain the enforce
ment of the Sibley law.
The plea in abatement asked for by the
attorney general of the state was that
the suit In the state supreme oourt and
which has been removed Into Cnlted States
circuit court is a bar to the present action.
The opinion of Judge Munger occupies
several typewritten pages and goes Into
the case extensively
Record of the Cnse.
July 6 the attorney general brought an
original proceeding In the supreme court
of tho state against the Adams Express
company setting forth the passage of the
act and all Its provisions and alleged that
the Adams company was violating, and
would continue to violate the act unless
restrained by order of the court. The
Adams Express company filed a petition
for the removal of the cause to the federal
court and July 10 Instituted that proceeding,
alleging that If the law was enforced it
would be In violation of the fourteenth
amendment to the constitution of the
Vnited States In that It will deprive the
plaintiff of its property, alleging
that to do business under the provis
ions of the law would be at a loss.
It then asked that the railway
commission and attorney general be re
strained from seeking to enforce the law
In any manner and for a temporary order
of Injunction, pending the final hearing.
The state filed an affidavit showing that
It had not taken any steps nor threatened
to take any such steps seeking to enforce
any of the penal provisions of the law,
except by suit brought In the state su
preme court for the purpose of testing the
validity of the law, and that It did not
contemplate any enforcement of the law
until such question was determined, and
that the suit brought In the supreme court
was for the purpose of having a speedy
termination of the law,
Text of the Opinion,
In his opinion Judge Munger says:
This court has Jurisdiction to enjoin
members ot the State Railway commission
and the attorney general from taking any
steps to enforce a statute, the eniorce
ment of which would result In depriving
the plaintiff of any of its property without
the pioceHs of law and this question has
so often been determined by the supreme
court of the I'nlted States that it is no
longer a debatable question. That the
allegations of the plaintiff's bill show that
the enforcement of the statute In question
would deprive It of lis property without
due process of law Is clear and unques
tioned, but this alone does not entitle the
plaintiff to a temisirary order of Injunction.
The single question presented in this case
is, whether or not under the facts
set forth plaintiff has shown such acts
done or threatened by the defendants
which will seriously or Irreparably Injure
It In its rights pending tlfe final hearing
and determination of the case unless by
a temporary restraining order. The only
act shown to have been done or threatened
by the defendants Is the causing of the suit
to be Initiated In the supreme court of the
state. That suit, Its objects and purposes,
were to have he validity of the act de
termined and the dutv of the express com
pany under all the facts and circumstances
Is to obey Its provisions. If the act cy
Its enforcement would deprive the express
company of Its properly without clu.
process of law, that fact could probably
be shown In that case and If shown would
defeat the complainant in this case
The auestlon, then, Is, will the prosecu
tion of such a suit In which the identical
question which Is presented In this case
may be determined and adjudicated result
In an Irreparable Injury pending the hear
ing In this case? I think clearly not.
It not appearing to the satisfaction of
the court from the facts shown that the
complainant will sustain any irreparable
injury before the final determination of
this action, the temporary order of Injunc
tion Is denied, with leave to renew the
application If at a future date should
changed conditions require.
NEW POST EXCHANgTcOUNCIL
Army Regulations Amended to
Change System In Vogue
Governlug Sales.
! WASHINGTON, July 26. -A new method
; of supervising the business of tha post
exchange at the various army posts la
! contemplated In an amendment to the
army regulations, which has Just been
Issued. Hereafter the post exchange coun
cil Is to consist of the officer In charge of
i the exchange and the. commanding officer
of each organization stationed at the post,
! and which may participate In the op
erations of the exchange. Authority is
given to the council to delegate to an
executive committee of Its own members,
' the performance of such portion of thi
, duties prescribed for the council as that
body may decide. Heretofore the post ex
change council consisted of three officers
on duty at the post next in rank to tho
commander. I'nder the new method eac h
organization participating In the exchange
la to have representation In the council, a
condition not provided for by the existing
regulations.
The post exchsnge has supervision of tho
sale of various articles, trinkets, llsht
drinks, etc., which the soldier may pur
chase. LIGHTNING PLAYING PRANKS
, Starts Fire and Nest Turns On Auto
J in a tie Sprinkler, Ks t Ingnlah-
I Ing Blase.
! AI'arfiTA. Gb., Ju'y C-Tht storm
which swept over Augusta last night did
i much damage to property and Incalculable
' damage to the fruit and shade trees. It
also played some queer pranks. One bolt
nf lightning which set fire to the cotton
In the card rooms In the Augusta Cotton
i factory was follows 1 by another, which
' turned on the automatic sprinkler system,
j qulekley extinguishing the Are by flooding
i all parts, of the building. Large quantl-
ties of manufactured goods were ruined
j and the damage to machinery will be very
' heavy. Telephone, telegraph, electrlo
j lighting and elaset, c7 oomfigaJef suffered
1 considers tl.
, FIGHTING HIS STEP-MOTHER
Pension ( nmmlHlnnrr Warner Armri
Ulll lose In Illinois Circuit
Court.
CLINTON. III.. July 2.-"Talnted blood"
w hlch Pension Commissioner Warner
charged courses In the veins of his step-
, mother, Mrs. lsalel!a Robinson Warner,
wns made the subject of final argument- In
the noted Warner will case before Circuit
Judge Cochran today. The white-haired
widow, who is making a fight to get a
dower share of the wealth of John Warner,
aggregating $1,600,000, was In court with her
two daughters. Mrs. Minnie Harrison Met
tler of Chicago and Mrs. Arabella Warner
Bell of Clinton. She listened attentively
to Attorney Fuller, who made the argu
ment In behalf of Commissioner Warner,
who li seeking to prevent his stepmother
from breaking his father's will.
Attorney Fuller painted Mrs. Warner as a
cunning siren, the daughter of poor parents,
who had drawn Into her meshes John War
ner, the banker. All the evidence. Attor
ney Fuller Insisted, showed that Isabella
Robinson had planned a hasty marriage and
that she did not allow her husband to see
her family for more than an hour o the
day of her marriage. May 28, 174.
Now and then, when the lawyer made
reference to her cleverness In "trapping"
the aged banker Into a recond marriage
or to the poverty of her fathr. Stephen
Robinson, or "Curly ' Robinson, as he was
known In his home near Steuben, O., she
would smile disdainfully. Her daughters
also appeared to be amused at the charges.
Mrs. Warner emphatically says her father
was white. She signed, she says, a pre
nuptlal agreement waiving her dower only
; nfter the 'aged banker had deceived her
about the value of his estate.
WYOMING WANTS FARMERS
Irrigated land In That State Which
Oilers Inducements to
Immigrants.
(From a Staff Correspondent.)
WASHINGTON, July 26.-(Speclal Tele
gram. J T. V. Powderly, chief of the divis
ion of Information, the recently-created bu
reau of the Department of Commerce and
Labor, engaged in collecting statistical
data as to immigration, etc., received today
a letter from R. P. Fuller of Cheyenne,
head of the Wyoming Immigration commis
sion. In speaking of the opportunities pre
sented to the immigrant by Wyoming, Inso
much as to those who may be farmers,
Mr. Fuller said: "I'nder the Irrigation
canals completed there are opportunities
In Wyoming for at least 600 filings, with
an area of eighty acres each, to be made
under the law commonly known as the
Carey act.
"These lands require the purchase of a
water right at a cost of not to exceed $.W
per acre. Theso lands ure located in
Laramie, Johnson, Converse and Big Horn
counties and all are totally unimproved.
There are also lands In Fremont county,
near Plnedale and Boulder, which may bo
taken up and water rights purchased at
from $10 to $15 an acre."
Upon the recommandatlon of Congress
man Hubbard, Dr. G. f I. Mammen has been
appointed pension examining surgeon at
Ivemars, la., vice Dr. T. E Cole, resigned.
ASK FOR SPEEDY HEARING
Counsel for Mrs. Eddy Requests the
Masters to Hasten Their In
vestigation. CONCORD, N. H.. July 26.-The masters
appointed by the superior court to deter
mine the competency of Mrs. Mary Raker
O. Eddy, the Christian Science leader, In
relation to the suit brought by her rela
tives as "next friends" for an accounting
of her property, held their first session
today.
General Frank S. Streeter, counsel for
Mrs. Eddy, urged that a hearing be given
as promptly as possible, saying:
"Mrs. Eddy Is now in her 87th year.
At her age and general depletion of phy
sical strength, to defer this Inquiry longer
would be a denial of Justice and constitu
tional right. Her physical strength is such
that to appeal for a prompt hearing as
possible."
The masters decided that a reasonable
time should be allowed for the prepara
tion of the case by counsel, and ad led
thr.t In order to brtng the suit up to
date In the master's court, the record of
the case thus far should be read to the
masters at an afternoon session today.
PRIEST DENIES Co"mPLICITY
Armenian Declares He Hum Bern
Anierlcnn Cltlsen and Is
Persecuted.
NEW YORK, July 26. Father Martoges-
siun. an Armenian, former treasurer of the
, Hunchakist society whose members, tho
police allege, are blackmuillng Armenians,
was given a rigid examination by Assist
ant District Attorney Smyth today. After
i the examination the priest made a state
j ment in which he denied that he had any
I knowledge of the murder or the murderer
of Mr. Tavshanjlan, the wealthy rug mer
chant. He said he has been an American
citizen for two years and that the charges
against him were Investigated by men em
ployed by the Turkish government. The
priest said he was not conversant with the
affairs of the Hunchaklsts.
RUSSIANS TO BE DEPORTED
Philadelphia, Judge Denies Appllca
tlon for Habeas Corpus I'nder
Contract Labor Law.
PHILADELPHIA, July 26.-An appllca
tlon for a writ of ibeas corpus for the
release of twenty-seven Russian immi
grants who are detained here on the
ground that they are. contract laborers,
and were brought over In violation of the
contract labor law, was refused today by
Judge Holland In the I'nlted States district
court, and they will be deported on the
steamship Haverford which sails for Liv
erpool tomorrow. These Russians said they
were Induced to come to America by a
man named Canton, who promised them
work In southern lumber camps at- $10 a
week.
MACK0WAN MLL COME BACK
But He Denies He Is Guilty of Arson
I'nder the Webster City
Charge.
BAKERS VI LLE, Cal., July . George
Maekowan, a local manager for Fairbanks,
Morse & Co., who was arrested last night on
advices from Webster City, Is., on a charga
of arson and mbczi.-iiic-nt, admitted In
the county Jail today chat he Is the man
for whom the Iowa authorities had a w er
rant. He denies that he tmbezzled any
of the funds of the company or that he
was responsible for the fire which destroyed
their factory, lie says be la anxious to
return U Iowa.
0RC11AKD BUT A TOOL
n l i .
ocnaiur Doran conunuri Xiis Adami
to the Jury.
OFFICIALS ARE HIS CONFIDANTS
Further Analysis of the Testimony
in the Case.
TRIP FROM DENVER TO CALDWELL
Slayer of Steunenberf in Touch with
Them at All -Times.
GREAT CROWD IN COURT ROOM
Many Attorneys from Western State
Come to Boise to Hear Final
Arguments Case Goes
to Jury Today.
BOISE. Idaho, July 26. Senator Borah
concluded his address at 7:20 p. ill. Judge
Wood announced that he would charge the
Jury at 10 a. m. tomorrow.
BOISE, July 26. "Watch these five men
Slmpklns, Orchard. Haywood, Moycr and
Petllbiinc Steune nberg Is to die In thirty
days. Watch them. We have got them to
gether. They are moving to the scene."
This was the dramatic climax reached
this morning in the Haywood trial, when
for ah hour and a half Senator Borah,
making the last argument In the Haywood
case, had woven craftily on the meshes of
his net. His theme was conspiracy the
essence of the case of the state of Idaho
In Its efforts to show that Harry Orchard
was only the tool of Haywood, when he
killed the former governor. "Now watch
this quintet," he cried triumphantly, when,
having laid his foundation, piece by piece,
using only the testimony of witnesses for
the defense Itself, picking It out from the
mass of mixed material, he showed the
Intimacy between Orchard and the highest
officers of the Western Federation of
Miners.
Scenes Changed Rapidly.
The argument of the morning centered
In Caldwell, but the scenes changed rapidly,
each Hash showing an officer, a friend or
a member of the Western Federation of
Miners, the confidant and Intimate of Harry
Orchard.
At 12 o'clock a recess was ordered until
6 p. rn.
As early as 7 o'clock the court house doors
were besieged by hundreds seklng adtnit
ance to the limited court room, Senator
Borah being popular as an orator in this,
his home city. So great was the throng that
court officials and others having business
at the trial had to find their way into the
building by devious ways, most of them
climbing a steep Improvised stairway In
the rear. The Jury was also brought
up these stairs.
Inside the court, as the next to the last
day of the trial began, Haywood sat sur
rounded by his family. His Invalid wife,
whose helpless condition and pallid faco
have attracted so much attention and sym
pathy, sat Immediately at his right and
next to her was the gray haired mother,
who, on yeiterday, could not restrain the
tears which welled to her eyes as Clarence
Harow of Chicago made the last plea for
the life of her son. The prisoner's daugh
ter and sister were also In the family circle,
the only absentee being the little 10-year-old
girl Henrietta.
Mrs. Frank Steunenherg, the wife ot the
murdered governor, and her stalwart son,
Julian, were early In the court room and
when they had been shown to seats inldo
the attorney's rail, found themselves within
seven or eight feet of Haywood himself.
Attorneys from many cities In the meat
have come 'to Boise for the lac' arguments
and constituted a large proportion of to
day's big audience. When the last seats
were occupied, disappointed hundreds re
mained on the court house lawn to catch
what they could of Senator Borah's ad
dress as the words filtered out of the
windows.
Orchard's Trail of Blood.
Senator Borah begun by reviewing briefly
the points made In the opening hour of his
adaress to the Jury last night. He said he
would go brlelly over the trail of blood
left by Harry Orchard, taking first the
murder of Governor Steunenherg and hark
ing baiJt over some of the most important
incidents developed In the testimony.
"I hardly need to tell you sensible men,"
declared the pleader, "that Plnkerton de
tectives had nothing to do with the as
sassination of Frank Steunenherg. This Is
one of the most absurd of the many ab
surd things brought Into tills case by the
learned counsel of the defense."
Senator Borah In laying the foundation
for his argument of conspiracy pointed out
that Orchard went to Caldwell from Denver
and fresh from association with the officer
of the Western Federation of Miners who
regarded Steunenherg as an enemy. He
then touched upon the tact that Marian
Moore, an officer of the Western Federa
tion of Miners, In testifying for the defense, .
admitted that he agreed with Orchard to
deceive Orchard's wife when Orchard
wished to desert her.
The Power Behind Orchard.
"Harry Orchard left Denver with crime In
his heart. The Impelling, compelling force
csme from Denver. George Pettlbone helped
Orchard pack his utensils of murder In his
trunk. Why Is Pettlbone not here to deny?
His silence Is a confession of his guilt.
Pettlbone's absence is an absolute corrob
oration of Orchard."
Jack Slmpklns was ths man who went
to see Attorney Miller st Spokane; Jack
Slmpklns was the man who sent the mys
terious and unexplained telegram to Hay
wood. The wording of Slmpklns' telegram.
Senator Borah declared, showed that he
knew Haywood had full knowledge ot the
case. And Haywood "got busy."
Proof of Conspiracy.
"Follow Slmpklns, Orchard. Moyer, Hay
wood and Pettlbone from Denver to the
death of Steunenherg at Caldwell, review
the testimony, watch their actions, and I
say to you that an absolute and concerted
conspiracy hss been proved.
"They killed Steunenherg to show to the
world that they never forgot an enemy.
Where Is Pettlbone afraid to apeak?
! Where Is Jack Slmpklns, who was at Cald
well with Orchard, and who could tell so
much? He is In a corner and afraid to
come out to say a word for his lifelong
friends."
Senator Borah said he was ready to
admit that Haywood was shrewd, keen
and possessed of brains. "Of course he has
brains," he exolaln.cd ; "lie bad brain
enough to stari a defense of the Western
Federation of Mine rs the minute he li arned
that Orchard, the hired asaassin, had fallen
into a trap.
"Did the Plnkertons send any one to
defend Orchard t Did tne mine owners?
i
