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Daily capital journal. (Salem, Oregon) 1903-1919, 1907-09-16

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The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
KILLS
MUCH LIVE STOCK
IN SOUTH DAKOTA

Huron, S. D, Oct. DIR. Blackwell,
Who was in Hudson for a day or two
after having investigated conditions in
the farm region near here in the per-
Torrance of his duties as one of the
state sheep inspectors, reports that in
the vicinity of Worthing there is quite
an epidemic of anthrax among the cat
tie and swine. and that one
farmer lost a dozen or more
head of cattle out of his herd
from this dread disease. DR.. Blackwell
states the disease is caused by a germ.
and that cattle In low, wet pastures are
largely afflicted with the disease. He
further states that several cases also
have been reported to him from the vi
c1n1ty Of the town of Davis. and that q
farmer residing in Canton township had
lost several head of cattle as the result
Of the animals being attacked by an
thrax. Strenuous efforts are being
made by the state and county t
tiles to prevent the spread of the dis
ease beyond the localities where it has
appeared.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
VERMlLLlON PLANS FOR
COMING OF

Vernillion. s. D.. Oct. lat a meeting
OF the commercial club arrangements were
made for the entertainments of the neonls
during the avs of the Methodist confer.
ence and the visit of Vice President Fair.
banks her October 10 and 20. 1t is the
Methodist Episcopal church that will have
direct charge of the affairs but the bust.
ness men of the city saw fit to lend theit
assistance and a big time is planned.
1t is estimated that 200 ministerial per.
sons, together with as many laymen, VIII
come, and also about 800 other persons to
attend the conference alone. Besides this
people from the surrounding towns have
expressed their intention of hearing the
vice president. Committees have been ar
pointed to look after the welfare of the
out-of-town guests. No one need worry
for lack of room over night, as all Yer.
million homes will be opened and every
one provided for.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
MONEY BURIED BY
BANDITS UMEARTHEDl

Frankfort, S. D., Oct. 1.-The au-
horities have as yet been unable to Sc
cure sufficient evidence to warrant ar
rests in connection with the recent rob,
berry of a Frankfort bank by a band
of several cracksmen. The robbers es,
capped with about $4,000 of the banks
funds, but a part of this now has been
recovered.
AT a point a few miles south of town
some $215 in mutilated currency that
had been buried by the thieves was
unearthed. These abandoned bills were
badly torn they were extracted
by the robbers from the bank safe, and
1T doubtless was deemed too risky to
retain the torn bills and endeavor to
circulate them.
Two large revolvers, supposed to have
belonged to the men who robbed the
bank, also were found buried neal the
mutilated money.
The authorities fear that the bandits
have made their escape from the state.
and that they now are devoting their
attention to robbing banks and post
Offices in North Dakota, where such
robberies have been frequent since the
robbery of the Frankfort bank and the
disappearance of the robbers from
South Dakota.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
OLD SETTLER
IS MURDERED,
wife ACCUSED
John O'Grady, of Sioux Fails
Wealthy Land Owner, Shot
During Night.
INQUEST is TOMORROW
Black Mary" His Wife, Claims Frani
Miller, a Hunter, Committed
Deed-Both Were Heavy
Drinkers.

Sioux Falls, S. D., Oct. John
DGrady, ~ho with one possible excep-
ton, was the Oldest settler in Mime
haha county, was the victim of a mys-
home on the Big Sioux river, six miles
north of Sioux Falls.
The affair is now being investigated
by Sheriff Nelson and his force of
deputies. Suspicion points somewhat
she is now being held in restraint in
towards Mrs. O'Grady, his wife, and
Sioux Falls pending the result of the
c%oroner's inquest, which will be held
tomorrow forenoon.
Coroner L. D.. Miller this forenoon
summoned a jury, and this afternoon
himself and jurymen went to the scene
of the crime for the purpose of inves-
tigating the house and it's surround
ings, preliminary to holding the formal
inquest in Sioux Falls.
Suspect His Wife.
O'Grady's shotgun was found in the
house. 1t was unloaded but bore the
appearance of having been fired re-
Gently. The murdered man was about
GO years Of age. In early days he was
n soldier and was stationed at the old
barracks which was among the first
buildings located on the present site of
Sioux Falls. Mrs. O'Grady Is about SO.
Because Of her dark complexion she
has been known as Indian Mary" or
BLACK Mary" She is said to be part
Indian and part Irish. Both herself
and husband are alleged to have been
heavy drinkers. O'Grady was the own
er of considerable valuable farm land,
and although he LIVED on one OF his
farms, ne was not himself engaged in
farming.
Wife Accuses Another.
The old man was killed with a shot
gun Mrs. O'Grady declares that a
man named Frank Miller, while hunt
ing along the river came to the house
for supper last evening. and tina he
wanted to remain all night, but that
O'Grady refused his request. Then
Miller became angry, she said, and aft
erwards returned to the house and,
firing a shot through the window, killed
the old man.
Miller has been located, ~ states
he Is confident he can establish an
alibi. He boards In Sioux Falls and
is light complexioned, while Mrs.
O'Grady described the alleged murder
err as being dark, with dark eyes and
mustache.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
DAUGHTER
HAS Been KILLED.
Matte Crane, Pretty H.rc Milk
liner, Disappears---Fa ther
Searching State.

Huron, S. D., Sept. 2S.-Where is
Matte Crane? Her father has searched
for her in every town between Huron
and the Black Hills, but has been I'M
able to gain any trace of his missing
daughter and is today a prematurely
old man, torn by many conflicting emo
!tions and fears.
Miss Crane formerly was a milllner in
this city, but about a year ago went to
Philip. on the range country west or
the Missouri river, n took up a home
stead. Last summer she proved up on
Iler claim and started for her home at
Long Lake, MINI, writing her father
from Pierre that she intended stopping
in Huron on her way home for a visit
with friends. The letter was written on
August 80 and that is the last that has
been heard or seen OF her. Mr.. Crane
game to Huron to attend the state fair
expecting to find his daughter here.
but finding that she had not arrived
went on to Pierre, where no trace could
ibe found of the young m From
town to town he has piled his search,
Though so far without result. Mr..
Crane fears his daughter has been the
victim of foul play.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
COWBOY FRIENDS
MAY kVENGE The
DEATH or RANCHER
South Dakota Tragedy Revived
With Trial of Alleged Slayer---
Admitted to Bail.

Deadwood, S. D., Oct. Dir big.
broad-shouldered Ionic Pharlsh, Vir-
. gilman n rancher. empty his six
! shooter into Jesse Wallace, Texan
and cowboy. his injured rival, az he
lay at Pharish's feet helpless and
wounded, after n desperate struggle
ION top of a hay wagon 120 miles north
or here on the range?
Pharish will have to answer that
question in a murder trial before the
circuit court at Sturgis. Judge Nc
Gee, sitting in the circuit court here,
named $4,000 as the bail for Pharish's
temporary release and dark rumors are
a1oat among Wallace's friends on the
range. If Pharish is released before
the trial, they say. the law may be
summarily overridden by the cownen.
. The tragedy has stirred the n
IN this section for miles around as
both men were well known and both
had friends. The killing was unusual
and promises a sensational trial, for
Pharish's father will bend every eff
fort to save the life of his son.
Only One Witness.
There was n witness to this end
ing of a long standing feud between
Pharish and Wallace, who We're neigh
pors. They had quarreled over range
land and a division of some hay. and
trouble had been brewing when Wal
lace and his friend, George L. Anderson.
who lived with Wallace. suddenly came
upon Pharish as he was driving across
the range, and Wallace determined to
settle the dispute. Although Pharish
attempted to repel him with a pitch
fork, he climbed into the hay wagon,
where the fight ensued and each pulled
a gun.
Anderson saw Pharish shoot Wallace
twice, heard Wallace cry enough and
for mercy, which. he says, the in
furiated Pharish refused. When An
derson begged Pharish to let up with
the gun, he declares, the latter turned
ION him and threatened his life unless
ne left and he promptly ran for help.
When he returned there lay the body
Iof Wallace in the wagon. and five bui-
let wounds We're counted in the back,
1t is said, with Wallace's own
gun, which was empty. Pharish's story
varies, he declaring that Wallace en-
%aeavored to take his life and that Wal
lace and Anderson lay in wait for him.
Pharish himself is but 26 years of age.
he Is married and has one child, while
Wallace was a single man. The trial
Will probably be called in November.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
CANNOT
HEAR COMPLAINTS
OF UNFAIR Rates
Judge Garland Rules They
Must Originate With Com
merce Commission.
INJUNCTION is DENIED
Sioux Fails Jobbers Lose in Attemp;
to Restrain Railroads From Put
ting in Effect Schedule
of Rates.

Sioux Falls, S. D., Sept. 30.-A decis-
ion denying the application of Jewett
Bros. Il Jewett, acting in behalf of the
Sioux Falls Jobbers' and Shippers as
ISOLATION, for an injunction restraining
the Chicago, Milwaukee and ST. Paul
Railroad company from putting into
effect a schedule of freight rates from
Chicago and other Lake Michigan
points, which to Sioux Falls would be
l04 per cent. of the rate to Sioux City,
was today handed down by Judge Car
land, of the United States court.
Judge Garland denies the injunction
on several grounds, Of which is
that to grant the injunction applied for
in behalf of the Sioux Falls jobbers
would prevent the Interstate Commerce
commission from taking action in the
case, involving the same rates, which is
now pending before that body.
Judge Garland thus interprets the
federal rate law as giving the Interstate
Commerce commission original juris-
diction in all complaints of unfair or
discriminating rates. In other words,
the courts cannot consider rate COM
plants except on appeal from the COM
mission. This Is the first decision on
this point and is highly important.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
HANGS ON MEAT HOOK
FIVE MINUTES; RESCUED

WATERFOWL, S. D.. Sept. &C.. C.
Whistler, n Of Watertown's oldest
and best known business men, was i'm
paled on a meat hook in the base
ment of his meat market last evening,
and hung suspended for five minutes
till his cries for help attracted one
of the employees who rescued him.
Mr.. Whistler walked into the open
elevator shaft leading to the basement
from the first DOR and fell a distance
of about fou feet, the hook catching
him in the f1eshy part of the thigh,
imbedding itself o four inches in
his leg. Though suffering ex~cruciating
agony, he retained consciousness
through it all and directed the man
that came to his relief in removing him
and ~sumrnoning medical attendance.
The wound while painful is not seri-
Gus If infection can be prevented.
The accident occurred just after the
shop had been closed for the evening
and the hell with the exception of the
butcher, had gone home, and he was
on his way out when he heard the cries.
Had 1t been a minute later Mr.. Whist
Ter might have hung on the hook for
several hours, by which time he would
have been dead.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
MAY APPEAL SIOUX
FALLS RATE CASE

Sioux Falls, S. D., Oct. 1.-The
Sioux City-Sioux Falls rate case, which
has just been decided by Judge Garland.
OF the United States court in his city,
Is the first case Of the kind to be de-
cided by a United States court in which
pending before the Interstate Com
an action involving the same rates is
merce commission, making the decis-
ION or Judge Garland one OF the ut
most Importance.
The fact that the case may be APP
pealed and carried up as a test case
SO that the highest court in the land
can pass upon the important questions
involved adds to it's Importance.
Nearly sixteen typewriter pages are
covered by the complete decision, and
In 1t Judge Garland carefully and thor
oughly reviews the rate question as
applying to Sioux City and Sioux Falls
which led up to the present c~ontroversy
and the application on the part Of the
Sioux Falls jobbers for the injunction.
A case involving the same rate now
Is pending before the Interstate Com
MERGE commission, and this fact has
great bearing on the decision Of Judge
Carlahd. The following extracts are
taken from the decision:
Question of Lawfuiness.
ut results from the foregoing re-.
marks that it is the opinion Of this
court, that the court has Jurisdiction of
the case made by the pleadines both as
a court of the United States and as a
court OF equity. Coming to the merits
the court is prohibited from going into
an investigation of the la wfulness of
the proposed rate complained of. for
the reason that it has not been asked
to do that and the case has not been
tried nor has evidence been taken on
that theory. The relief asked is that
the court enter a ina decree enioin-
lng the defendant from putting into ef-
rect the proposed rates complafned OF
until the Interstate Commerce commits
sion decides the controversy arising
upon the petition of complainant filed
on or about July 8, 1907. I
IN accordance with what has been
SAD heretofore in this opinion. this
court is of the opinion that the inter-
state Commerce commission possesses
no power or authority to pass upon the
laWfulneSs of Il; rate merely threa tened
TO be put into effect by the carrier
such commissi~- does not possess s,,ch
power as a court of law or equity nor
has such power been conferred upon il
by law. :
This court, therefore. will not enioin
me oeIehcant from putting into effect
the rates complained of as
prayed, as the tribunal whose power -
invoked has no jurisdiction to decide
the question presented to it and tho
of an injunction would prevent
the interstate Commerce cotnmfssion
ffem ever obtaining Jurisdiction TO IN
Vestigate the lawfulness of the rate
complained Of" 80
the attorneys in the case were: For
ne raliroad company. w. G.. Porter
o. Sioux Falls. and Burton Hanson ~
Gnicago; for the plaintiffs. Senator
Ehlitredge and Bailey & Voovl1aas ae
Sioux Falls. -
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
MAN
A BURNED IN !
GASOLINE EXPLOSION

Arlington, S. D., Oct. Hollis
Hal, one of the first settlers of this
town, was terribly and probably fatally
burned Thursday night in a fire in his
residence, caused by the explosion Of
gasoline: He was cleaning some paint
brushes by the light of a lantern, when
the fluid exploded, covering him with
flames n filling the room with he
Suffocating gas.
Passersby say the fire and broke in
the door, one of them succeeded in
crawling in through the smoke and
dragging him out by one foot. He was
In an unconscious condition. His burns
are extensive end it is not thought he
can live. The house was entirely con-
Surned.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
SERIOUS CHARGE
FILED AGAINST a
STICKNEY MAN

Plankinton, S. D., Sept. 2S.-One of
the most sensational cases to be tried
during a term of state circuit court
which " at this place on Tues.
day of next week is that in which H.
l. Musigman, a carpenter residing at.
Stickney, is the defendant. Mustgman
is charged with attempted assault, the
victim being the ~6-year-old daughter
of N. A. Batchelder, an employee of the
Milwaukee railroad company. Musig-
man was arrested several days ago, and
being unable to furnish bonds in the
sum of $500 was placed in the county
Jail.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
REVOKED GIFT TO SON
WHO REFUSED TO WED

Atlanta. Ca, Oct. because his
son refused to We'd Jaspar Smith,
an eccentric capitalist of Atlanta sued
his offspring and recovered valuable
property decided to the young man four
years ago.
At the trial the evidence showed that
the capitalist had given the property to
the son on the express condition that
the latter marry M have heirs.
A year ago Smith declined to pay for
a portrait of himself on the ground
that the artist, without consulting him.
had painted in a necktie, a thing that
during his long life he had never worn.
The artist sued, but Smith proved that
he had never worn a necktie and won.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
scoTLAND. SOUTH DAKOTA

Camp Meeting .ohn' Allen, the
grandfather of Nine, Nordica, was for
many years a picturesque figure among
Ihe Methodist ministers in the state of
Maine. He was a good deal Of a wag.
ITO attend a quarterly meeting. he was
approached in the street by several
u men. Camp Meeting John"
said the spokesman, who was the
devils grandmother" THE devils
grandmother" replied the old ma in
the quick sharp ton SO characteristic
OF his speech. the devil's grandmother
how do you expect mo to keep your
tfarnily record Z"
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
TELEPHONE COMPANY
WILL WAR WITH
VERMILLION COUNCIL.

Vermillion. s. D., Sept. Coin re-
Spouse to a.notice semi to the head
office of the Northwestern Tele-
phone company by the city council
some time ago, Mayor Ferry has
received a letter from President
Pettengin of that company, stating
that as much as they dislike the
prospect of a fight they would be
compelled to decline the city's invi-
tation to vacate the streets and all
leys in sixty days.
The president said hat a resolu-
ton passed by the city council in
1881 giving them a right to construct
lines through and within the streets
and alleys of the city is in effect a
perpetual franchise and they intend
to hold to their rights. 1t is evident
that a fight is in sight.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03

The imports from Latin-America In
the fiscal year 1907, amounted to $780,
900, 900, against 3155.000 900 In 1897,
having thus q little more than doubled
to the Latin-American countries were,
In 1907, $685. 00, 900, against $50, ooo, 900
In 1897, having a little more than
strebled during the decade. From Mex
leo the imports In 1907 We're $57, 900, 900
! n value. against SIS, 000, 900 in 1897. and
the exports to hat country in 1907
We're 100000, 900, against $23, 900. 900 a
decade ago.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
DEADWooD FoReER cAUGHT;
LEET NOTE dE MAS DEAD

Deadwood, s. D.. Sept. O.-Instead
OF being a suicide, as he declared in
q note he would be, w. H. Russ, the
Spearfsh harnessmaker, who several
months ago mysteriously disappeared,
after floating numerous bad checks.
has been arrested in Kansas City,
The case Of Russ proved a puzzle
to the officers. Shortly after a trail
Of worthless checks appeared in the
Hills, Russ dropped out Of sight. Then
the note was found telling that he
had taken his life, and directing where
the body might be found. When no
trace of Russ was discovered, officers
about the country We're notified.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
AWARD CONTRACT FOR
NEW COLLEGE or / AM

Vermillion. S. d., Oct. e,-Contrac-
tor Ericlk Nylen, OF this city. has been
awarded the contract by the board OF
reEeEts for the erection of the new
college OF law building on the univer-'
siiy campus. His bid was $42.700, a.lit-
tie core than s4Co less thar hts nearest
competitor.
Work on the excavation will begift
at once, though it is not likely that
h building Will bs ready for oc-
cupaney before next summer, as All or
che money for the structure viii no.
be available until next July.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
TRUST FINED.
THIS TIME, $l,80O,OO0

Vicksburg, Miss. Sept. 2s.-Assessing
penalties aggregating s 1880, coo, Chan
press company an Illegal trust and
gave the corporation one year to wind
UP it's business in the state and with.
draw. He denied the application for a
receiver.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
LIBERTY STATUE BOY
TRIES TO DYNAMITE

New York, Oct. Bee us. he /.
a grievance against Charles E,ekmam
mess cook OF Company G, United state.
lSignaI corps stationed at Fort yyooG
.bedioWs island. a Cuban boy employeI
as q iaborer in the reconstruction ar
.ns uAse Tor the statute OF liberty. az
ls.nplea 70 blow up the kitchen viii,
Captain DurnelI,
on lne island. ordered the boy from fhs
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
"JACk, THE AUTO SMASHER,"
WORKS HAVOC IN g

Sioux Falls, S. D., Sept. 2S.-A new
kind Of crank has made his appearance
in South Dakota. He is entitled to the
name Of Jack, the Auto Smasher."
Edward Potter and wife and Reuben
Chilson, well known residents of Day
county, came near being the first vic
tins of the new kind of crank. They
had been on an auto trip to Watertown,
and were driving along a country road
at a good rate of speed when they no
ticed a sheaf Of wheat in the road
ahead Of them.
Presuming that it had fallen from a
wagon, the driver did not think it nee
essary to dodge it. When the auto
struck the sheaf Of wheat it made a
big jump into the air. the gearing flew
apart and the passengers had a mar
row escape from being thrown out and
seriously injured, if not killed.
An examination was made, which re-
vealed that a huge block of wood, fully
as thick as a railroad tie. had been
placed on the wagon track and then
carefully concealed in the sheaf Of
wheat. That it was placed there for the
destruction of autos Is fully believed
by those who have Investigated the
matter.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
INCOME TOO SMALL.
so BANKER DEPARTS
LEAVING MANY 3

Fairfax. S. D., Sept. 3o.-It is re-
ported that Carl Porter. ~ex-cashier OF
the Gregory county bank, and last year
a candidate for county treasurer, has
left without the Formally of bidding
his friends adieu or leaving his present
address, much to the regret and cha
grin of numerous creditors.
He had always borne a good reputa-
ton and held good positions, but it is
surmised that he lived faster than his
income grew.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
NEGRO WHO STRANGLED
WOMAN, B%ARRlCADES

Chicago, Sept. 2s.-Richard Walton.
a negro wanted for the murder of Mrs.
Lillian Grant, a teacher found
strangled in her room several DAYS ago.
Is said to be surrounded in a deserted
building at Summit, H., twenty miles
south of here. He is strongly barri-
,caded and a~bundantly supplied with
weapons and ammunition.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
MAKE BRICK OUT
OF DESPiSED GUMBO.

Pierre, S. D., Sept. 2S.-Fort
Pierre people believe xhey have
something almost equal to a gold
mine in their gumbo hills, as test
brick made from gumbo in Chi
cage and Omaha are reported to
be equal to the best brick made
anywhere. A Chicago firm which
made a test is putting in a plant
at Fort Pierre to manufacture
the despised gumbo into building
material. Citizens Of the town
feel this is to become the great
brick-making center OF the
northwest.
The citizen-Republican. (Scotland, Bon Homme County, S.D.) 1???-19??, 1907-10-03
WEALTHY TYNDALL
BANKER lS DEAR

Tyndall. $. D.. Oct. 1.-At the Catho-
lie church took place the funeral OF JoseI,h
1itka, the founder of the Security bank
OF th.s city. Rev. Father Rouslika. OF Ia.
ool. onlciattng. Deceased was one OF the
most prominent Bohenians of Sn,,th r.
kota and had amused a 7orture estimated
at over 100000, which will be DIVIDED
among MS widow and four children.