davidaulloa/AmericanStories huggingface dataset:
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
WANTS IT VACATED
HEINZE MAY BE DEPRIVED Oh
PERMISSION TO SURVEY.
ALLEGED TO HAVE LOST RIGHT
Anaconda Company Asks That Order
of Survey of Anaconda and St.
Lawrence Claims Be Set
Aside

The Anaconda Copper Mining COM
pany today applied to Judge Clancy to
vacate the order of survey and inspec-
ton which he recently made for the
benefit Of F. A. Heinze in Heinze's suit
against the Anaconda company
The order was made December Z, and
gave Heinze permission to survey the
Anaconda and ST. Lawrence claims.
The application says that Heinze's ap-
plication for the survey was based on
his right as an alleged lessee of half of
the Paramount lode claim north of the
Anaconda claim.
1t says further, that before the order
for survey was issued, on April ",
1901, Heinze sold to the Nipper Console
dated company all his interests and
rights In the Fairmount claim
The application for the vacation OF the
order OF survey alleges that, in view Of
Heinze's having disposed of the interest
In the Paramount claim upon which his
right to an inspection of the Anaconda
and st. Lawrence claims was based he
is not entitled to the survey.
The Anaconda company, therefore.
asks that the order Of survey be set
aside and vacated.
A copy of the deed made by Heinze
to the Nipper company is appended TO
the application, with a certificate that IL
Is true copy, signed by County Re-
corder Weston.
An order directing Heinze to show
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
STATE SUPERINTENDENT WILL
ADVOCATE THEM.
STATE LAW MUST BE CHANGED
Wants the teachers to Remain in the
State to Study the Branches
They Are Most Inter-
ested In. ,.t,
Especial to Inter Mountain.)

Helena, Dec. lin the forthcoming
cation and the state superintendent of
! public instruction, special emphasis will
be- laid upon the necessity for changing
the state institute law. The existing law
is regarded as very objectionable both
by teachers and the school officials, as
it takes the teachers out of school dur
ing the busy time Of the year when the
school work is being adjusted to suit
the needs Of the scholars.
1t is very expensive in as much as each
district is obliged to pay the teachers
salary for the time put in attending the
institute, to say nothing of a serious in
terruption of the school work.
Welch Wants Summer Schools.
State Superintendent Welch favors
plan whereby the teachers may be given
an opportunity to attend an institute
held in the summer. In brief Mr.. Welch
and his views are said to be shared by
the other members of the state board of
education who favor the holding of
series Of summer schools.
The present law has caused dissen-
sion all over the state" said Mr.. WEIGH.
School boards have in several cases re-
law, and the attorney general has held
that districts are not legally obliged to
pay teachers salary for the time put in
during the institute sessions.
Mr.. Donovan holds that a portion of
the law is unconstitutional. 1t is there
fore necessary that law be passed
which will meet the desired ends.
II shall complete my report within a
few days and will recommend that the
legislature make provision for a number
Ct summer schools to be held in Mon
tana. In the past each county has car
ried the burden of expense of the insti-
tutes.
II believe the state should pay for
these schools as is the case with nearly
every other state in the union. In Silver
Bow county the last institute cost the
county about $1,000 per day for the teach
ers salaries and the money paid for cur
rent expenses.
Increase Efficiency of Teachers.
:With an adequate law, and liberal
appropriation, series of summer
schools could be held in Montana dur
ing the summer that would be much
more effective. and certainly less expen-
sive, and the three day sessions held UNI
der the present law.
many montana teachers would en-
brace the opportunity to attend good
school in Montana during the summer
months to perfect themselves in the
branches in which they are deficient.
II would favor placing these schools
under state supervision entirely, and al
lowing teachers credit for the work
they do in summer schools. These credits
could be endorsed upon their certificates
and generally speaking, the teachers
would increase their efficiency and the
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
DAILY Monument Fund

The Inter Mountain has opened SUB
! scription books on behalf of the Daily
monument fund.
Money, checks or drafts in any amount
| may be sent addressed "Daly Monu-
ment, care Inter Mountain, Butte, Mon
tana."
Due acknowledgment will be made in
these columns, and the amount received
each day added to the declared total.
Other newspapers of the state have
been asked to receive subscriptions III
like manner and after acknowledging the
! same. send the money to 7. M. Hodgens,
State Savings bank, Butte, Montana.
This is a general summary of the fund
account to date:
Already reported. SIC, loS.0o
Up to today grand total of 81, 241.7
had been declared, but this was an error
of $1133.75, caused by the fact that sub
scrptions to that amount had first been
reported in lump sum and then cred
tied individually. For instance, funds
from certain of the mines had been in
cluded in the grand total twice, once
individually, opposite the name of the
mine, and again in the total opposite
the Butte Miners fund.-
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
SELECT COMMITTEE MEMBERS.
Republican Senators Meet in Caucus
and Transact Important Business. n


(By Associated Press)
Washington, Dec. 1.-THE republican
senators met in caucus today to hear the
report of committees which had COM
pleted the republican assignments The
report was made by Senator Plat of
Connecticut, chairman of the committee.
The report of the committee was
adopted and the republican member
ship of the committees will be as fol-
lows:
experimentation, Hale, Gull
lom, Perkins, Sewell, Warren, Wetmore
and Quay.
Finance-Aldrich, Allison, Plat
Comm, Burrows. Plat IN. ", Hans
brough, Spooner, Jones (Nev).
Foreign relations--Cullom, Frye,
Lodge, Clark (Wyo.), Foraker, Spooner,
Fairbanks, Kean.
Commerce-Frye, Mcmillan, Elkins,
Nelson, Galirger, Penrose, Hanna, Ma
son, Depew, Jones (Nev), Perkins.
Judiciary-Hoar, Plat Comm, Clark
(Wyo), Fairbanks, Simon, Nelson, Nc
Comas, Depew.
Interstate commerce-Elkins, Cullom,
Aldrich, Kean, bolivar, Foraker, Clapp,
Willard.
Inter Oceanic canals-Hawley, Platt
IN. ", Hanna, Pritchard Mitchell,
Willard, Kittridge.
Naval affairs-Hale, Perkins, McMil-
Ian, Plat IN. ", Hanna, Penrose, Gall,
linger. 4.
NEUTRALITY-SUSPICIOUS., Allison, Hale,
Proctor. Beverage, Burrows, McComas
Dietrich. 8.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
ON WALL STREET.
Heavy Buying OF United States Steel
Stock.
(By Associated Press.)

10y ASSOCldlGu TIcSS.)
New York, Dec. 17.-Amalgamate ted
copper resumed it's downward course
to the extent of over point III the
opening dealings and affected the gem
eral list by sympathy.
The smelling stocks fell a pOin,, but
otherwise changes We're fractional.
Amalgamated reached 60.
The general market was stagnant, but
when Amalgamated started up business
increased all around and opening losses
were wiped out. Prices in the main
moved in accordance with the hucEua-
tions in Amalgama ted. This stock main
tanned pretty stable tone during the
first hour and rose to g. and other
stocks benefited to smaller degree
The level of prices was above that
reached earlier and there was some
heavy buying of the United States Steel
stocks, Atchison and the Pacifics, which
accentuated the general strength.
Union Pacific scored a net gain Of IL,
Bonds We're irregular.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Russia and Japan Agree.
(By Associated Press,)

published in the Politsche Correspondents
Of Vienna states that while he was in
st. Petersburg the Marquis Ito was able
to ascertain that Russia. recognized as
legitimate Japan's claims to economic
expansion in Corea, and that the Rus
sian government was disposed to avoid
everything calculated to put obstacles
in Japan's way. 1t is further alleged
that the marquis received assurances
that Russia was anxious to evacuate
Manchuria as soon as possible
-
American union labor makes the best
cigar with best labor and lowest price
for high class Harvard cigar. = ;
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

cause why the order of survey should
not be vacated was issued upon the ap-
pllcation by Judge Clancy.
The hearing Of the order was set for
next Saturday morning -. 10 O'clock.
The operation Of the order of survey
was suspended when made by Judge
Clancy on the 7th,
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

The funeral of Timothy P. Flemming
will take place tomorrow, Wednesday,
at a. m. from the residence of John
Eakin, in the South Park addition OPP
posite the Catholic cemetery, proceeding
to st. Patrick's church, where high mass
will be celebrated.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Rabbits Change Color.

In Montana in winter the rabbits take
white color Of fur. They are as reg
ular in change as Centennial beer is
popularity in Butte. "A million glasses
day." Somebody must like it.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Chicago Livestock.
(By Associated PreSs.)

Vby ASSUCIdLtU 1TVSS.J
Chicago, Dec. Observation-Disclosures,
5000. Market, steady. Good to prime
steers, $625@7.25; poor to medium So. 80
$500; stockers and feeders, $2.0O@2 As:
cows and heifers. $1.00@5.00; Gamers,
$1.00@2.00; bulls, $1.75@450; calves, $3.50
@5.25.
Sheep-Receipts, $4,000. Market, steady.
Good to choice wethers. $3.75@4.5O; fair
to choice mixed, $2.s0@4.30; Western
sheep. $3.0o@4.O0; Western lambs, $500
400 .-
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

Kentucky Is shipping 100000 gallons of
whisky to Germany, but will retain a
sufficient quantity to keep the painting
wolf of thirst from her own door.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

Theresa Mary Hogan, aged 2 months
died this morning at the residence of her
parents. Mr. and Mrs. James j. Hogan
No. GIG Colorado street.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Funeral Notices,

Theresa, the 4-year and 6-months- old
daughter of Mr.. and Mrs. Nicholas
Boden, died this morning. The funeral
will take place Thursday afternoon at
O'Clock from the family residence No.
72S Nevada avenue
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

Kris Kringle says that the best he has
in his kit is the Harvard cigar. All
Havana filler. =,
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

On account of removal, will sell all CT
fancy baskets and boxes, filled with
choicest candy, at cost.
NORRIS & CO., Is West Park.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17

Frank Conroy. aged 25 years, died last
night. The funeral will take place
Thursday at o'clock from the residence
of his uncle, T. NJ. Sullivan, No. 35s
Covert.
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
Montana's Largest Grocery, Dec. II
Lutey Bros


This week Ia Xmas shopping
week. as Monday and Tuesday of
: next week will be fully taken up
In selecting the turkey and the
''fiXings." Store open until 8
o'clock this evening and every
evening until Xmas.
QUAKER FLOUR
Is the finest product of the twen-
tieth century's art of milling. II
you do not consider it the finest
flour you have ever used we will
refund your money in full and take
the balance of the flour back.
Per 100 1915; sack. 81. 40
Fine Bread Flour, per 100 $o.45;
sack ........ ........ 81. 20
Franklin Mills or Ralston Whole
Wheat Flours-12h pound sack
soc; 24R pound sack. 81. 90
Pure Old Fashioned Buckwheat
Flour, the real article--24H-pou
sack $1.10: 1O-pound sack. :. soc
Yellow or White Cornmeal-24k-
pound sack Coo; 1O-pound
sack ........ ....... ......... zoe
~ - ioui IAyC
sack 75c; 10-pound sack ..... 35c
RAISlNS
Fancy Seeded Raisins-all seeds re-
moved by machinery. Full
weight pound package. ..... .1Oc
Bulk Raisins. Pound 10c, 3 1-3c
ana .........: ...... .,......7c
Sultana Raisins (seedless)--
Pound, extra fancy. .17hc
Choice 15c, 12Ac and. .......S 1-3c
The Butte inter mountain. [volume] (Butte, Mont.) 1901-1912, 1901-12-17
COPPER MINING QUOTATIONS

Especial to Inter Mountain.)
Boston, Mass, Dec. 1.-THE copper
mining shares closed today as follows:
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05
OTHER DECISIONS.
Two Cases From Leavenworth of In
terest TO Railroaders.

Among the supreme court decisions
today were two cases against employees
of the Santa Fe for blocking a crossing
in Leavenwortn. The district court was
reversed in it's conviction of the en-
plOyeS for violating a city ordinance
The supreme court holds that the city
ordinance is directed against companies
and not against the men who run their
trains. John Hurdle and Arthur Islip
We're the railroaders fined as being con-
ductor and engineer of a train that
blocked the crossing.
The following is the list of opinions
handed down by the supreme court:
DOSTER, C. J.
The State of Kansas vs. Elisha
Tabor. Appeal from Franklin county,
reversed, and new trial ordered
kee county, ct al. vs. Patrick Murphy
ct al Error from Cherokee county; re-
versed-
JOHNSTON, J.
The State OF Kansas VS.. VIM. Her
bert. Appeal from Douglas county;
affirmed.
SMITH, J.
The State of Kansas vs. Balfe Stark.
Appeal from Shawnee county; affirmed.
w. S. Marlin, assignee. VS.. R. E.
Teichgraeber. Error from Greenwood
county; reversed
CUNNINGHAM, J.
VIM. @. F. Schallehn VS.. Maria Fl.
Hibbard. Error from Kearny county;
affirmed
GREENE J.
A J. Lesh VS.. julius Meyer Error
from Butler county; affirmed.
POLLOCK, J.
State of Kansas VS.. Milton Shepherd
ct al Appeal from Rush county; re-
versed.
PER CURTAIN.
John C. Douglass VS. Geo. Brandon
ct al Error from court of appeals,
northern department; affirmed.
The City of Leavenworth vs. John
Hurdle Appeal from Leavenworth
county; reversed. Case remanded with
instructions to sustain the motions to
quash the affidavit and warrants
The City of Leavenworth VS.. Arthur
Islip. Appeal from Leavenworth coun-
ty- Reversed. with same order as
above.
John A Moore VS.. State of Kansas ex
rel John Foth. Error from Lyon cOun-
ty; dismissed.
Pattie D. Hu1me VS.. the Neosho Val
ley Investment company. Error from
Labette county; reversed, and cause re-
manded for further proceedings
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05
LIFE CRUSHED OUT.
j. f. Mallory, Union Pacific
Brakeman, Killed by Cars.

J. r. Mallory, a Union Pacific brake
man met death in a horrible manner in
the Union Pacific yards in North To
peka last night at about 1890. He fell
from the top of a boxcar and became
entangled in the axle of the car and his
body was wound and twisted about the
truck rigging until it was with great
difficulty that it was removed Nearly
every bone in his body was broken by
the accident.
Mallory was standing ON the top of
freight car with his lantern when last
seen alive. They were setting out
two cars. AS the cars began to move,
another trainman heard Mallory's Ian
tern crash and called to him, but re-
ceived no answer. The cars were
brought to a standstilI as soon as pos
sible and Police Officer Hutton dtscov-
cred the shapeless mass of flesh AMI
bones of the unfortunate man under
the car. His face was cut in two places
but aside from that was not mutilated
Coroner Hogeboom was called ana
the body was removed to Barkleys un-
dertaking rooms, where an inquest was
held Tt appears that death must have
been almost instantaneous.
Mallory's home is in Rossville where
he lives with his parents. He was about
25 years old.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05
HOW SIR THOMAS FEELS.
Owner of the Shamrock Disappointed
But Optimistic

New York, Oct 5.-After Fridays
race Sir Thomas Upton thus expressed
himself on the outcome:
'I am very disappointed" he said. II
can't hide that I thought within fif-
teen minutes of the finish that we had
won. L was sure as my life we had
won. When I looked around, the stu
alton had changed and we had lost It
was a hard blow to be so near winning
and then to lose. / should have liked
to got one race just by way of conso
lation. 1t is a very hard thing to be
beaten by a breath-by few beats of
the pulse. It has been a severe straln
on me. / have worked 50 bard for many
months now aad 1 am glad II is over.
To have won would have been a JOY
greater than today's disappointment.
Columbia's winning today was fair and
square and honorable. There is moth
ing to protest if L wanted to protest.
In fact / have a feeling in my heart
that if there had been any error IN
Judgment at all it would have been in
my favor. If there had been any pos
sibilfty of choice in the matter believe
the yacht club would have given me
the race. Souet times man may nave
the better boat, but even having ir
must have wee bit of luck to win
I am very grfeved indeed. very grieyed.
and" he added, 'I should have liked
to have won one racs-'
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05

nearest way for the railroad CON mis-
sioners. as the following from the Col
orado Springs Gazette, barring a few
inaccuracies, bears testimony: "A. D.
Walker, chairman of the railroad COM
mission of Kansas, is a visitor in the
city with the other members of the
commission, Ex-Governor D. w. Fin
ney of Neoslno Falls and J. N. Fike of
Colby, Kan. Mr.. Walker says that the
state of Kansas is SO large that in or
der to meet at some common center,
the members of the commission chose
to come to Colorado Springs, and from
here they will start on their tour of
inspection of the Santa F'e railroad. The
com missioners make these tours an
nually, inspecting grade crossings,
bridges, stations and other things
which properly come under their juris-
diction The annual meeting of the
commissioners will take place in Tope-
ka next Saturday,
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05
DAY OF HUMILIATION.
One is Advocated by the Archbishop
of York.

London, Oct 5.-Sir Michael Hicks
Beach, chancellor of the exchequer, de-
MES that parliament will meet this
autumn to provide more money for the
prosecution of the war in South Africa.
Nevertheless, at the present rate of ex-
penditure the def:oi+ for the fiscal year
will be 969. 724 900, while TIE sixty mill
lions Of new consols, with which it was
expected to meet the deficit realized at
941a, G56 700, 600, leaving a net deficit,
which must be provided for by fresh
appropriations of G13 1000, 900. Sir
Michael Hicks-Beac doubtless consid-
ers that prompt action by parliament in
January will take care of the deficit.
The archbishop of Yopk's pastoral pro-
posing a day of humiliation because of
the slow success of the British and of
penitence for national sins has been re-
ceived with astonishment, especially as
he openly suggests therein, imitation of
the Beers who proclaimed August as
a day of humiliation. The archbishop
quotes the Boer proclamation in full for
the edification of the British clergy
TT is easy he says, ''and not uncom-
mon to denounce these people as hypo-
critics to laugh to scorn their open Bibles
and meetings for prayer. If, without
hypocrisy. we had long ago taken a
similar course, it might have Jared bet
ter with US there than it has done.''
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05
DETAILS OF MASSACRE.
Latest Report From the Scene
of the Slaughter in Samar.

Washington, Oct. 5-The war depart
ment has received the following dis
patch from Manila, giving further de-
tails of the attack on the Ninth regi-
ment:
From those who escaped the follow
ing is learned:
September 20, while at breakfast
camp was attacked at signal ringing
of the convent bells by about 450 bolo-
men, 200 from rear of quarters, 200 front
simultaneously attack officers quarters.
Company completely surprised, force
attacking front gained possession arms.
Fight ensued for them in which most
men net death in mess room in rear.
Enemy beaten off temporarily by about
25 men who gained their arms. Ser
geant Betran assumed command, en-
deavored to collect men and leave in
boats, was reattacked by enemy.
Strength of command three officers; 72
men; killed three officers, 40 enlisted
men, missing six; wounded 13; present,
13. Party attacking officers in convent
entered through church, large numbers
led by presidente- Probably 101 rifles
with company, 26 saved, Is lost rifles
drawn, $4,000 ammunition lost Ninety
five prisoners outside Quartet Joined in
attack at signals. Boat of missing men
capsized. Captain Bookmiller may pick
QQ 1hGH-
LIEUT.. JAS. p DROUILARD,
Ninth Infantry.
September 30-Have returned from
Balangiga. Droullard explains condi
ton correctly. Landed yesterday, in
habitants deserted town, firing one
shot. Buried three officers, 20 men,
number bodies burned, quarters, build
ings fired as we entered Secured or de-
stroyed most of rations. All ordnance
gone Insurgents secured 81 servicea-
BILE rifles, $4,000 cartridges. 48 men of
company G, Ninth infantry and one
hospital corps man killed missing,
% men accounted for, found two in
boat en- route here. Buried dead. burn
ed town, returned to Basy.
CAPT. BOOKMILLER,
Ninth Infantry.
DeRussey has sent strong company
to chastise savages if found.
CHAFF'EE.
DeRussey is the colonel of the Elev-
enth regiment stationed near the scene
of the attack.
The Topeka state journal. [volume] (Topeka, Kansas) 1892-1980, 1901-10-05

screens, bars, bottles. glasses and other
property used in keeping and maintain
ing said nuisances, and the same snail De
forthwith publicly destroyed by such
officer. 1t is further provided that tAAss
attorney general, county att0rney. or
any citizen of the county Where such a
nuisance exists, may maintain anaction
in the name of the state TO abare HftdH
perpetually enjoin it,
Here is complete legal remedy, easy
to obtain, which was open to Stark or
any of his associates. Indeed we believe
it to be more drastic and summary in
its application to the subject than the
law of any other state in the union
THE existence of such common or
nublic nuisance as appellant offered to
show was kept by the prosecuting wit
ness, in violation of law, injuriOusly af
fected all other persons IN the city Of
Topeka equally with himself. It is not
claimed that he was specially injured,
or peculiarly or individually hurt in any
other manner or degree than In common
with all others in the community He
could not have maintained an action In
his own name to abate the nuisance.
A fence across public road is a
common nuisance which a person jour-
abate by removing the obstruction.
This is so because his progress is inn
peded and particular injury is sus-
tained by him not shared in by the COM
fnunity generally. This right of abate-
ment, however, cannot be lawfully ex-
ercised by one living at distance from
the obstructed way, with no immediate
occasion to use it, who goes out for the
express purpose of removing the i'm
pediment in the interest of the travelling
public, for fear that he or his neighbors
might receive injury from it.
STARK and his associates proceeded on
the erroneous belief that because the
prosecuting witness was a violator of
the law they might right the wrongs the
public was suffering by his acts, and
this in a summary manner. by resort to
physical force, guided only by the cOun-
sells of mob. 1t was a congregation of
aN-breakerS ON one side retaliating
upon an individual law-breaker on the
other, for lawless acts of the latter which
affected not them alone but hundreds of
others (the public, whom they assumed
to represent. Courts of justice cannot
approve or countenance such disregard
of the law. To do SO would create and
encourage disrespect for all government
al restraint, which is the beginning of
anarchy