Fhe Omaha Daily Bee
THE OMAHA DEE
1 the Mt powerf nl boelness
aettwr Hi the vrat, WtiM It koc
to toe boDM f poor and rich.
WEATKER TOMCAST.
Tor Nebraska Local showers.
For Iowa apnerally fair.
For weather report see page S.
VOL. XXXIX NO. 48.
OMAHA, WEDNESDAY MORNING, AUGUST 11, 1H00-TEN PAGES.
SINGLE COPY TWO CENTS.
rOWER-TRUST,
SAYSTINCHOT
Chief Forester Declares a Combine of
Capitalist it Forming to Con
trol Water Sites:
ADDRESSES IRRIGATION CONGRESS
Federal Official . Cheered by Dele
gates to Spokane Convention.
Thompson Has
Papers in the
Omaha Case
bovernor Refers the Protest of the
Anti-Saloon League to the
Attorney General.
NEW STORY OF
The Donkey I guess this old pasture is good enough for me
COURT UPHOLDS
CLOSING LAW
SUTTWS DEATH
Sergeant Arthur Todd, in an Inter
Daylight Measure Declared Valid by
view, Says He Saw the Lieu
tenant Shot.
Judge Sutton in Overruling
Dinuzzo Demurrer.
EU5M0 AWAY FROM SLAYERS
METHODS OF THE
M0N0P0 I -
r y.
Lobbyists at Every Session of Co "
grew Work to Tear Down Ban.
ROCKEFELLER AS AIT EXAMFL
rcrflur McOm Sara Ofl Kin
Greatest Conservator ef Natural
RrMircn ' Praties
Hla Methods.
SPOKANE. Wash.. Aug. 10-Clfford Pln
chot evidently found out where he stands
at the National Irrigation congress today,
when the 1.200 delegates In the big- armory
gave him an ovation laming fully five min
utes and winding up with a burst of three
cheers. This was the wildest reception yet
accorded a speaker before the congress.
Mr. .Plnchot directly charged that there
Is a water power trust In process cf forma
tion. Not only this," said he, "but this water
power trust does not havt any hesitancy
about appearing before this congress in
the persons of Its attorney and thus seeks
to break down the list remaining opposition
to the ownership of all the .wer In the
country."
Mr. Plnchot named one power corporation
which ha charged la after the control of
water power.
He paid a tribute to the Roosevelt poli
cies and brought another storm of cheers
by saying that the Taft administration is
irrevocably pledged to the support of those
policies.
He went Immediately Into h'ts subject,
giving, as he announced It. a stewardship
of his doings for the last year.
He was preceded by T. J. Allen of the
forestry service, who demanded that if the
west Is to preserve its forests there must
be stats laws and men to enforce them.
Tnls speech waa heartily seconded by Mr.
Plnchot, who In furthering thta sentiment
paid a strong tribute to former President
Ttuosevelt. Mr. Pinchot'e speech In- part
was as follows:
Trest Absorbs Water iltee.
, "There could be -no- better Mllturtrsttoni af
v the eager. Vapid, unwearied absorption by
capital of the rights which belong to all
the people the, the water, powror trust,
not yet formed but In rapid process of
formation. This statement la true, but not
unchallenged. We. are, met at every, turn
by the indignant denial of the water power
Interests. They tell us that there is no
community of Interest among, them, . and.
yet they appear year after year at these
7 congweey Uy, ihmais attorney, oaklng
for your Influence to help them remove
" few remaining obstacle to their per
petual and complete absorption ef the re
maining water powers.- They tell us it
haa no significance that the General Eleo
trlo interests are acquiring great groups
of water powers In various parts of the
United States, and dominating the power
market In the region of each group. And
whoever dominates power, domlnatee all
Industry. Have you ever seen a few
drops of oil scattered on the water spread
ing until they formed a continuous film,
which put an end at once to all agitation
of the surface. The time for us to agitate
this question la now, before the separate
circles of Centralised control spread Into
the uniform, unbroken, nation-wide cov
ering of a aingle gigantic trust There
k : 1 1 V. - i . . a i . . i
milt u. nine viibiiv iui ineie KgiLtLiion
: after that. No man at all familiar with
the situation can doubt that the time for
effective protest la very short. If we do
not use It ' to protect ourselves now, we
may be very sure that the trust will give
hereafter amall consideration to the wel
fare of the average eltlsen when in con
flict with Its awn.
"The man who really counts is the plain
Americas eltlsen. This la the man for
whom the Roosevelt policies were created,
and hla welfare is the end to which the
Roosevelt policies lead. As a nation we
are fortunate at this time In thla fact
above all others, that the great man who
gave hla name to theae policies haa for
his successor another great president
whose Administration la most solemnly
pledged to the support of them."
Rockefeller a Great Conservator.
John D. Rockefeller as a philanthropist
and as an example for the nation to copy
' was held tfp to the consideration of the
National Irrigation congress today by W.
J. McOee, secretary of the Inland Water
ways commission ef Washington. -
Dr. MeGee frankly said ha admired Mr.
Rockefeller. He regarded the Standard Oil
magnate as a man among millions and
saw no reason why a million other men
could not be as successful ea he.
Dr. ILcGee was Speaking of water as a
thing which In value to the human race
In proportion to all other necessaries is
j 100 to 1. He urged the conservation of
. water on power, irrigation and transporta
tion. "And yet," said he, "with water thus
valuable and necessary to the human race,
John D. Rockefeller charges leas for a
gallon ot oil after it haa passed through
many processes .than 4 spring water con
cern doea tor a gallon of mineral water
that haa not been treated In any way.
"I regard Mr. Rockefeller as at once a
generous public benefactor and wise and
careful business man. He haa had all the
opportunity In the world to exact aa ex
orbitant toll and yet be charges Jess for
oil than la paid every day for common
. w ater. .
f- "I say the United Statea government
could no better than profit by the example
of a business man so astute and who so
well conaervea national reeourcee."
Waterways an Paotfte Ceaat.
J. N. Teal appealed for enlargement of
the scope of waterways on the Pacific
coast. Ha Pointed out the poaalblllty of
v klng navigable the Columbia river for
If i distance of 1.60 miles by applying the
,6t of a single battleship to the work.
Ite declared that river transportation is
the greatest ot automatic rate adjusters.
In part, he said:
"Those Whe look on money appropriated
for rivers and harbors aa a useless ex
penditure know nothing of the economics
or transport!.
"Who has forgottea the so-called car
shortute of twe year ago, when business
wes paralraed because there ceuld be no
tCootinued on Second Page.)
(Frem a Staff Correspondent.)
LINCOLN, Aug. 10. (Special.) Governor
' illenberger has referred to the attorney
eral the application of the Antl-Faloon
rue of Douglas county for the removal
the mayor and police board of Omaha
alleged failure to revoke the license of
quor dealer who waa convicted of vlo
Ig the daylight saloon law.
e attorney general will advise the gov
r to gram a hearing to the complain
and If the evidence Is sufficient to
z 'y such action, upon Instructions of
r",5 rovernor he will start proceedings In
U courts to oust the officers com
d of.
ice daylight saloon law provides that
the board granting a liquor license shall
forthwith revoke the license upon convic
tion for violation of the law,' whether the
accused person appeals or no
Accompanying the affidavit of the of
ficers of the Antl-saloon league, was a
letter signed by B. F. Felmaf and Harry
A. Stone, which not only pokes at the gov
ernor for.bejng away from his office so
much, but also warns him that the board
is hostile to him and to the Antl-saloon
league. It also reminds the governor of
hla responsibility for the enactment of the
I o'clock law, and calls on him to ensure
its strict enforcement.
Taft Will Stop
at Milwaukee
Cream City ii Placed on Itinerary of
Western Tour and Madison
Dropped Out
BEVERLY. Mass., Aug. 10-Presldent
Taft has declared that his Idea of an ideal
vacation Is to do the same thing every
day. He played golf this morning, attended
to a little official business after luncheon
and late this afternoon had a long motor
rule . w-tth . Mrs,. . Tft. Tomorrow he will
duplicate today's routine.
Today the president went the round of
the eighteen holes at the Myopia lanks In
101, defeating John Hayes Hammond, his
opponent and "topside" man In the sum
mer golf cabinet, S up. The Myopia course
Is the most difficult the president has
ever played over and he waa delighted at
the excellent showing he made.
President Taft today added Milwaukee
to the itinerary of his western trip. In or
der to accept Milwaukee's urgent Invita
tion It was' hAcessary to cut out a brief
stop that had been scheduled for Madison,
Wis., the home of Senator La Follette of
the tariff Insurgents. The presidential
party party will be in Milwaukee for six
hours September 17.
T"h'e' president' also 'ItteliicTefl in the Itin
erary of his trip down the Mississippi river,
which begins at St. Louis October 28 a
stop at Baton Rouge, La.
Mrs. Taft continues dally to Improve In
health.
Bridegroom f
Shot at Door
John Weaver, Colored, of Des Moines
Murdered Soon After His Mar
riage to Miss Saunders.
DES MOINES, August 10 Following his
marriage t Miss Mary Saunders, colored,
here tonight and Just after the wedding
guests had departed, John Weaver, 35,
colored, was called to the door of his home
and shot to death by an unknown man.
Weaver staggered from the steps and fell
dead without uttering a sound. Hla bride
of a tew hours fainted. The police are
looking for James Watklns, who, they say,
was a former admirer of Miss Saunders
and who was seen near the house tonight
D'ABRUZZI'S NEW RECORD IN
MOUNTAIN CLIMBING FEAT
Italian Nobleman and Party Scale
Moist tiod wtn-Ansten, In
1 Himalayas.
ALLAHABAD, India, Aug. 10. The duke
of the Abruszl has established another rec
ord In mountain climbing. He ascended
Mount Godwin-Austen to a height of 14.000
feet. Perfect weather was enjoyed during
the ascent. All the members ot the party
have arrived at Bandlpur In excellent
health.
Godwin-Austen la the name given In 18X7
by the Royal Geographical society to the
Himalayan peak Kl, In 35 degrees, U
minutes north, 7 degrees, St minutes east.
In honor of the first explorer of the moun
tains of this region. It Is the highest
known summit In the world except Mount
Everest. Altitude. 2S.MS feet.
Two Miss Bessie Browns and
One Money Order in Mixup
l
Bessie Brown of Lemara, la., and Bessie
Brown ot Clarlnda, la., ware visiting
Omaha friends. It was about the time, a
day or two ago, that the two Bessles were
to return home.
Beesle Brown of Lemurs received a letter
from Clarlnda, enclosing a money order
for $7 from Charles. Brown. The letter waa
couched In endearing terms and called her
"Dear Bessie." But Bessie of Lemars did
not oars about that. She waa most inter
ested In the 17 money order, which looked
good to her, so she endorsed It and got
the $7-
In the. meanwhile Bessie Brown of
Clarlnda, who had been expecting 17 to
help pay her fare back to Clarlnda, did
not get It, so she started Inquiries at 'the
poatoffloa. Resale Brown of Lemars was
sent for to explain and both ot the Beaales
met Tuesday at the postofflce.
Postmaster Thomas acted as Solomon In
the cae and sought to unravel It Bessie
Brown of Lemara confessed eoyly that she
knew a Charles Brown of Clarlnda, who
Says Shots Were Fired by Lieutenants
Ostennan and Adams.
HE HEARS CALL TO HALT
Sutton Keeps on Running and Four
Flashes of Gun Follow.
MRS. PARKER'S MEMORY GOOD
Mratrnant Sotton Sister Reconnta
Interview vrlth Adams, and Hla
Attorney Fears to Cross-Examine.
POSTON", Mass.. Aug. 10 In an inter
view In the Boston Post, attributed to
Sergeant Arthur Todd of the United States
Marine corps, and made public today. It
Is stated that If he should be called In the
investigation of the death of Lieutenant
James Sutton his testimony would be ex
actly opposite to that given by Sutton's
fellow officers.
Sergeant Todd, who has been on range
duty at Wakefield, left early today for
Annapolis. In describing the shooting, Ser
geant Todd says:
"I was corporal of the guard on the night
Lieutenant Sutton was shot, and from the
place where I was standing I saw a figure
about ffiO feet away.
"I saw Lieutenants Adams and Osterman
and recognised them. They were nearer
me. The man who was In shirt sleeves
started o run and I heard a voice cry:
'Stop running! You're under arrest.'
"The man ran on and once more I heard
the same voice cry out loudly: 'Stop run
ning or I'll shoot.'
"The man paid no attention and ran on,
and then the next moment I saw a flash
and heard a revolver report. There were
three other snots, and the man who was
running dropped.
"I ran over to him and bent over. It was
Lieutenant Sutton. I saw a hole In the
man's forehead where there was a ragged
entrance and a hole back of the left ear
where the bullet came 'out clean.
Lieutenant Roelker, who has been so
often mentioned In the case, came into the
guard room where I then was, a short
time before the shooting. He was with a
private named Richardson, and they had
a drink together. At the time of the shoot
ing he was not anywhere In sight.
"The next morning an ' enlisted man
found a revolver on the ball field, which
was not the regular service revolver, but
a 33 calibre affair."
Ballet That Killed Sntton.
Todd said at one time In the conversa
tion that he himself had the bullet that
killed Sutton,, but later stated that some
one alee had taken It.- He refused to state
finally whether he knew where "the bullet
waa or not.
"Just after the shooting, when I returned
to the guard room, Roelker came In all out
of breath and greatly excited. He said:
'My God, Archie, I think I've been shot.'
" I laughted at htm at first, but he waa
so earnest about It that I felt In his
left hand outside pocket just over his
heart. There was a drill regulation book
there and a bullet had become mushroomed
In the pages.
"Roelker was very much excited when I
pulled out the bdok and showed him the
bullet and the way In which his life had
been saved. He stripped down to the
skin and there was a reddish tinge Just
over his heart, showing Just where the
bullet would have gone had the book not
Interposed.
"Roelker and I talked the matter over,
and we agreed that he must have run into
the fire ot the bullets, one ot which had
killed Sutton. There were four shots
that I heard In all and one of them, I am
convinced, struck Roelker.
"I have wondered more than once why
1 1 have not been called to go before the
courc os inquiry ana leu wnat I Know.
Mr. Parker's Memory Good.
ANNAPOLIS, Md., Aug. 10. Mrs. Rose
Sutton Parker, whose testimony has been
looked forward to aa of surpassing Inter
est in the Investigation ot the death on
October 13, 1907, of her brother, Lieutenant
James N. Sutton, jr., United Statea Ma
rine corps, was the center of attraction
at the session of the court of Inquiry to
day. She took the stand smilingly, waa a
willing witness and demonstrated olearly
that her memory ot her Interview with
Lieutenant Adams shortly after her broth
er's death waa much better than was Lieu
tenant Adams' recollection on the same
points. In his testimony aa to what waa
said during this six-hour Interview, the
words, "I do not remember," frequently
occurred. ,
Mrs. Parker was positive in her state
ments as to what was said and done. It
was notable from Iter testimony that
whether or not Adams and Suttoh were
friends, Adams and Mrs. Parker parted
(Continued on Second Page.)
might address her as "Dear Bessie," and
that it was more than likely that he had
sent her the money order.
Bessie Brown of Clarlnda also knew a
Charlu Brown of Clarlnda, who had every
right to address her as "Dear Bessie,"
because he was her brother, and declared
that he had sent her the 7 postal money
order to help pay her fare home to
Clarlnda.
"This is a Strang case," remarked Post
master Thomas, "and at the same time la
a serious proposition te the Bessie Brown,
who may happen not to be the legal
recipient of tha money order. In other
words. It may mean the penitentiary to
the wrong Brown Bess."
Bessie of Lemars gasped Just a little and
said:
"Oh If the money does not belong to me
I want the other Bessie to have it."
Postmaster Thomas thought a moment
and then concluded that the Bessie of
Clarlnda was the rightful owner of the 17
and so Bessie of Lemars surrendered the
coin and the incident closed
From the St. Louis Olobe-Democrat.
TALE OF TANGLED FINANCE
Young Note Broker Swindles F.
Augustus Heinze Out of $40,000.
MEN HIGHER UP IMPLICATED
Stocks Pledared for Loan Are Obtained
from Trust Company and Sold
on Curb Market at
Profit.
NEW YORK, Aug. Ik-Prm' I. Persch,
an ambitious young flnancif r, whose offices
constituted merely desk room -in a down
town note broker's office. Is In the Tombs
tonight In default of 150,100 ball, and thereby
hangs a tale of tangled finance through
which somebody m Wall street nipped F.
Augustus Heiure, the one-time copper king,
for HO.0O0.
Pef?ch is specifically charged with the
larceny of S40.000, a profit obtained by the
sale of 15,600 shares of Ohio Copper com
mon and 4,600 shares of Davis-Daly Cop
per common, which an agent for Heinze
placed with the Windsor Trust company of
this city as security for a loan of S00,00t.
In some manner, as yet unexplained, the
stock was not held by the bank, but was
turned over to a clerk acting for Persch
and at the latter's orders thrown on the
curb market and sold for approximately
$90,000. How Persch obtained the capital
to carry through the deal and why the
stock was relinquished by the trust com
pany are points yet to be cleared.
Men Higher Ip,
After his arrest this afternoon Persch
Intimated that there were men "higher up"
In the transaction, but he refused to say
more, upon the advice ot counsel. He was
arraigned late this afternoon before a
magistrate and, after unsuccessful efforts
of his lawyers to have bail reduced to 125,-
000, was committed to the Tombs, although
his counsel later produced writ of habeas
corpus returnable tomorrow.
His examination was set for Friday.
Persch was arrested on statements mad
by John Sherwood, another note broker,
who was called to the district attorney's
office this morning. He said that at
Persctl's request he procured the securities
from the trust company after having ob
tained the SaO.QUO for the purpose from L.
J. Fields & Co., dealers In curb stocks.
He thought the transaction entirely legiti
mate and was ready te act for a percent
age. He exhibited orders from Persch to
redeem tlte securities and t put them on
the market. Three hundred dollars was
paid to Fields A. Co. for the use of the
money. T. J. Fields et the firm main
tains that their part In the affair waa a
regular business transaction.
Hew Did Persch Kaiwl
The foregoing features of the case seem
to be plain enough, but behind them is the
mystery of how Persch knew where M. M.
Joyce representing F. Augustus Heinze,
placed the securities. It is considered coin
cidental by the district attorney's office
that Persch had his desk room In the
office of W. L. Clark a note broker, who
first directed Mr. Joyce to the Windsor
Trust company for the purpose of obtaining
the loan.
While there is nothing to Indicate that
the bank Is criminally responsible in any
way, Mr. Joyce says that It was stipulated
(Continued on Second Page)
Telephone your
want-ad to Douglas
238.
You can save time by using
the telephone and every care is
used to insert the ad exactly
as ordered.
Think for a minute probably you
have something you should adver
tise. Better step over to the tele
phone and take care of it njs
Printers Aid
Fight Against
Nonunion Bars
Humorous Situation Develops at St.
Joseph Over Fight Between Rival
Bartenders' Organizations.
ST. JOSEPH, Mo., Aug. 10. A lively fight
In the International Typographical conven
tion, which Is holding its fifty-fifth annual
session In St. Joseph, was precipitated to
day over the seating of Charles Carroll- as
a delegate from Providence, R. I. A pro
test had been filed by John F. Lennon, who
alleged that the election of Carroll was Ir
regular. The opposition to Carroll was
taken up by Delegate Alexander Maclean
of Waterbury, Conn., and 6. W. Gamble of
New York. Carroll waa seated.
A somewhat humorous situation arose
when James H. Anderson of Kansas City,
an International organizer of the Bartend
ers' union, appeared before the convention
and asked that no saloon not bearing the
international union cards be patronized. .
Joseph has two bartenders' union, one of
which had seceded from the International
and started an organization of Its own.
This Is true of no other city. It was
against the secessionists that the efforts of
Anderson were directed. The printers de
cided to stick to the International bar
tenders. The bar In the Metropole hotel,
headquarters for the delegates. Is presided
over by the secessionists, ajii as a result
Is receiving no patronage from the printers.
Anderson also appealed to the Typograph
ical unions to fight the prohibition move
ment throughout the country.
The Women's Auxiliary to the Interna
ttonal Typographical union Is also in ses
sion here. Mrs. Gilbert II. Jones, president
of No. 41 of Chicago, which recently had
its charter revoked. Is fighting for rein
statement. If she cannot obtain this In the
auxiliary she declares she will take .the
fight to the floor of the main convention.
Nominations for the next place of meet
ing will be made tomorrow morning and
the selection Thursday morning. There are
three candidates, Atlanta, Salt Lake City
and Minneapolis, with the last named city
apparently In the lead.
NUNS LEAP FROM HIGH BRIDGE
Overtaken by Train, Ttaep Drop In
Rapids Forty Feet Below and
Dronrn.
MONTREAL, Aug. lO.-Two nuns, walk
ing from Montreal convent to pay a visit
to Park Laval today, were overtaken by
a train on a bridge a short distance from
the city. Terror-stricken, they leaped to
the rapids, forty feet below, and were
drowned.
Affairs at Stockholm
Are Becoming Normal
STOCKHOM. August 10,-It still Is im
possible to foresee the end of the strike,
which has been in progress for some days.
However, it Is having little Influence on
the social life of the capitol. Perfect order
is being maintained and no sign Is visible
of the special measures that have been
taken to prevent outbreaks, though It Is
known that the government is keeping
extra police and troops close at hand lq
case of an emergency.
Food again Is plentiful and prices are
becoming normal. There has been no
serious decline In the prices ot securities
on the Bourse. Street car and cab traffic
in the city continues, the municipality hav
ing ordered the cabmen to resume work
or forfeit their licenses. A strike of the
railway men la Improbable as the men fear
that In case they go out they will lose
their rights to pensions. The theaters are
tilled nightly and tha cafes and restaurants
are being well patronized.
From many Industrial centers throughout
Sweden come reports of more or less com
plete resumption of work. Most of tha
newspapers are Issuing small sUed sheets.
MEZZO'S LICENSE TAKEN
FirC and Police Board Stops His Sale
of Liquors.
COURSE OF BOARD DEFENDED
Commissioner Wapplch Refers to
Attack from Epworth Leagrae and.
Anti-Saloon I.easjrne aa In
tended to Influence Action.
The Board of Fire and Police commis
sioners last nlghtreroked the liquor license
of Frank Dlnuxxo, who has been con
ducting a saloon at Twelfth and Dodge
streets, and 'ordered the chief of police te
see that no more liquor Is sold at that
place.
Dinuzzo was accused In police court ef
violating the daylight saloon law by sell
ing liquor after 8 o'clock on the night of
July 10. He was fined $100 and costa anil
the case was appealed to the district court
where it Is still pending.
The action of the board last nl&ht was
taken upon the advice of the city attorney.
Dinuzzo was represented by W. M. Giller
of the firm ot Weaver ft Giller. Mr. Giller
noted a number of objections to the ac
tion of the board, which were overruled,
whereupon he gave notice of appeal to
the district court and rejustd a copy of
the transcript of last night's action.
Wapplcb, Defends the Board.
Following the decision of the board In
this matter Commissioner Wapplck made
some extended remarks defending the
board against the charge recently made,
that it has been derlllct In its duty in
not revoking the Dinuzzo license sooner.
He stated that In such matters the board
acted as a court, and waa entitled to a rea
sonable time In which to act He referred
In strong language to the recent action of
an Fpworth league convention, which
passed a resolution asking the governor
to institute ouster proceedings against the
mayor and the board.
He characterised the action of the con
vention aa being highly Improper, and In
tended to Influence the board and the dis
trict court In the hearings in the Dlouazo
case.
He said the effect of such resolutions
was to create a prejudice against Omaha
over the state and to hinder the commer
cial growth of the city.
Routine Matters.
Several other matters were also passed
on by the board. The question as to the
liability of the city for damages to pri
vate property by officers of the law while
In the pursuit of criminals was raised by
a communication from McCoy 4 Flndlay
son company which asked the city to pay
them flS.M for a plate glass broken by a.
(Continued on Second Page.)
There wa a stormy meeting today of the
railway .telegraphy and telephone em
ployes concerning the strike, but Its re
sult is being kept secret. The financial
weakness of the strikers unions mawe the
success of the present movement problema
tical. There haa been 'a big demonstration of
30.W0 strikers at Gothenburg. In thla city
the labor leaders control all the vehlclea
Physicians requiting an ambulance to re
move a patient to a hospital are referred
by the police to labor headquartera.
PEACE NEGOTIATIONS STILL DRAG
Little Progress Made la Effort to
Settle Traction Wae Troable.
CHICAGO, Aug. IS. Peace Negotiations
In the street railway situation in this city
dragged today. Only one conference was
held between the union men and the of
ficials ot the companies and this resulted
In nothing more than a postponement of
the final Issue. Nothing has arisen so far
to Indicate other tbaa aa amicable set-
tmenu
SAYS STATUTE CONSTITUTIONAL
Amendment Germane to Provision of
Law Aimed At
POLICE BOARD NOT PREJUDICED
Question of License Revoking Not
Involved in Decision.
BOTH CONTENTIONS DEFEATED
Act Properly Titled, Sara fonrt, aad
Does Mot Interfere with or
Modify Power of Board of
Police Commissioners.
The t o'clock closing law has been de
clared constitutional by Judge Sutton of
the district court.
The demurrer entered by the attorneys
for Frank Dinuzzo, on trial for violating
the law, was overruled and his case will
be tried Immediately. The demurrer en
tered by Weaver & Ulller was on the con
tention that the law was not properly titled
and not properly phrased according to the
state constitution, but both contentions
were disagreed with by the court.
In order to expedite the matter for the
benefit of the Board of Fire and Police
Commissioners Judge Sutton did not pre
pare a written decision.
"It is the duty ot the legislature te de
cide whether or not a law la good or bad
and whether or not It Is for the good of
the people," lie said. "It Is tha court's duty
to declare It unconstitutional, but only
when It Is fundamentally contrary to some
provision of the written law.
"We have two questions in this case. The
law In question Is titled as an amend
ment to section 14 ot chapter 50, which
deals with the regulation ot the sale of
liquor on election and primary days and
on Sunday. The contention first made Is
that, although It purports to be amenda
tory to this section It is In fact not at
all germane to It.
"The court holds that the section It
deals with the question of at what time'
liquor may or may not be sold and on
that belief holds that the amendment la
germane to It and does not violate the
section of the constitution whlcjj boldaJCj
that an amendment must agrtp
substance with the original act,
"The second contention is) that the law
in question is In fot an amendment to
section 25. aUbougM' It does not repeal ot
mentioa It In the text or title. Section -6
deals with the powers of excise and fire
and polue boards to regulsjte the sale of
liquor. But it must be noticed that the
boards can regulate the sale of liquor only
IP accordance with the reyulatlpg laws of
the state. Consequently a new law regard
ing that ..regulation doee not in any way
Interfere with or change the powers ef th i
boards.
"The court believes that the law in con
stitutional and the demurrer Is overruled.
It must be distinctly understood that thU
decision does not In any way prejudice the
question as to whether or not the fire
and police board must revoke the license ot
the dealers charged with violating the law,
nor would the court Intimate what Its
opinion would be If the action of the board
were in question."
Ten Burned to
Death in Hotel
at Vernon, B. C.
Sixty Persons Were in the Building
Which Was Destroyed Within.
Few Minutes,
VERNON, B. C Aug. 1. Ten lives were
lost here today in s, fire which destroyed
the Okanagan hotel. TUe flames were
discovered about t a. m., and ae Suddenly
did they sweep through; the building that
when trie firemen arrived the stairways
were turning and scarcely had a stream
of water been turned on the blase before
tb entire building was aflame.
Most of the sixty g-uests escaped hut
some were unable to get out of their
rooms. The dead were all western people.
There were many herolo rescues. A man
named Hlcklins; lost bis lite in the attempt
to save the life ef one of the servants
after he had saved the ife ef a daughter
of Julius Slgalote, one of the proprietors.
The fireman abandoned attempt to save
the hotel and after carrying many g-uaeU
through the wlndowe they turned their at
tentlo nto adjoining buildings, for the fire
threatened the entire business) pertlsm ef
the town.
When daylight came the work ef search
ing tbs stilus for the dead began and all
the bodies were recovered.
fioveral were seriously Injured and were
removed to hospitals.
The loss on the hotel Is S2S,eoe. Several
other buildings were damaged.
Gold Discoverer
Dies in Poverty
Bob Womack, Who "Found" Cripple
Creek, Passes Away at Colo
rado Springs.
COLORADO SPRINGS, Colo., August Ml
"Bob" (Robert) Womack, famous as the
discoverer ot Cripple Creek, died her to
day, aged 6 years. Womack never
profited by hla great discovery and died
In comparative poverty.
TWO THOUSAND ON STRIKE
Labor Tronbl la Nora Scttsi Coal
Mines Increased by a New
Walkont.
SPRING HILL. N. 8.. Aug. 10-The labor
trouble In the coal mines of th.s province
were further Increased today when about
J,00 employes of the Cumberland Hallway
and Coal company went on strike at the
' ' isb
e, followlcuf tb
s t oodV to
isse TeewsBlUea
mines of the company here.
refusal of their employers
their demands, principally js TeougoiUea
ef the union,