davidaulloa/AmericanStories huggingface dataset:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
DOES BLOODY BATTLE
WITH HATP|N
LEADING WOMAN IN STRANDED
COMPANY ASSAIlS HOTEL
CLERK AND WATCHMAN.

Cincinnati, April 21-Bonita, leading
woman with the Wine, Woman and
Song" which went to pieces here, was
arrested here in her room at the Sin
ton hotel early this morning after a
fight with the hotel clerk, and was
locked up in a police cell, charged
with disorderly conduct After Ian
gushing two hours in the cell she was
released Later, when her case was
called in court, Bonita failed to APP
pear. She had skipped to New York
on an early train.
A fine of s. and costs was assessed
against her, and it was paid by her
attorney.
Previous to her arrest desperate
fight took place in an elevator of the
hosiery between the woman, who was
armed with a hatpin, and Night Clerk
William Hetlich, Jr., and Waterman
Adam Matz. Both Hetlich and Matz
We're severely stabbed during the scuf-
file. and physicians had to be called
to dress their wounds.
The trouble started when the woman
tried to order drinks from the bar
after midnight. Bonita started a COM
motion in the hall, when the guests
panic stricken, rushed from their
rooms. Several patrolmen were sum-
moned to the hotel and Bonita was
| taken to the police headquarters IL
patrol wagon.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
JUDGE Lands UPHOLDS
THE N|NE.H0UR LAW

Chicago, April 21.-Judge Lands, in
the United States district court here.
today in the test case against the
Santa Fe railroad in the nine-hour
law governing telegraphers, upheld
the law.
The contention between the govern
ment and the railroads is as to what
the law means. The Santa Fe en-
ployed two operators, who, by the OK
pedent of a three hours rest in the
midst of the 70, really performed
actual labor only nine hours Zach day.
The government alleges that this
constituted a violation of the law,
Judge Lands admitted that the con-
struction of the statute was open TO
question, and by agreement CT coun-
sci the defendant was allowed to
plead guilty and was fined 500. The
decision will be appealed,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Consolidated Mining company, on APP
peal from the Montana court. On be-
half of the mining company, John j.
Mediation. it's attorney, has asked the
court to either affirm the decision of
the Montana court or dismiss the
case. Lewis O. Evans, counsel for
Baker has opposed the motion, and
the case has been taken under adj
visement.
The case involves mining rights in
Montana. The mining company con-
tends that the judgment of the Mon
tana court, from which appeal is
taken, was presented to the land Of
flee and the company obtained Uni
ted States patent before the writ of
error was taken. Barker, it is
claimed, did not raise a federal ques-
ton in the state court, nor was any
federal question decided by the state
court, and the mining company ar
CUES that the supreme court has no
jurisdiction in the matter. The state
court decided the case upon the Mon
tana statute holding that the state
had a right to pass the statute. The
state court expressly held that it did
not decide a federal question but
| that its decision was based upon 9TH
| er considerations and the question of
the states right to pass the statute
having been passed upon by the Mon
tana court, the mining company ar
CUES that a controversy involving it
| does not present a federal question
| 1t is contended that the statements of
| l~ 80
court do not present a federal ques-
! ton to the supreme court and it there
| fore has no jurisdiction. Numerous
court desicions are quoted to show
| that a federal question presented in
, a petition for rehearing in the SUI
| preme court of the state comes toe
late to give the United States SUI
preme court jurisdiction.
This case" said attorney McHat-
| ton for the Butte mining company, tC
| the supreme court when he made his
motion to affirm the decision of the
Montana court, was decided upcn the
| Montana statute, and upon the gen.
eral principles of law applicable tc
the case, and is therefore not prop
erly before this court. Nor does the
fact that it Isl a controversy over
mining rights present question OF
which this court has jurisdiction. Ar
adverse suit on mining claims does
not necessarily involve a federal ques
ton. Where a case is decided upor
grounds other than a federal statute
the decision Of the state court is no.
subject to review A real and not {
fictitious question is necessary. L
therefore appearing that no fedora
question was raised or presented by
the plaintiff-Barker-to the STATE
court, and that the state court die
not decide the case upon any con
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
FIRM OF IMPORTERS
ACCUSED
SYSTEMATIC SMUGGLING BY
FURNIShERS is CHARGED
BY GOVERNMENT.

New York, April 2l.-The smuggling
operations which have been conducted
at the port of New York by means of
trunks left on the steamship piers ui-
til they could be removed without de-
lection, are now alleged to have been
carried on by a firm of importers of
silk and dressmakers' supplies of this
city. The firm, which has an office
in Paris, is said to have acted as a
clearing house in this country for
American dressmakers all over the
country, who received the goods so
struggled by the payment of Is per
cent instead of 60 per cent in Gus
toms duties. 1t is understood pro-
ceedngs will be instituted against
these dressmakers. The goods We're
sent to the Paris office of the SNUG
glers in the initials OF the ultimate
purchasers in America. 1t is stated
that seven special agents of the Gus
| toms house in this city were ordered
to be dismissed a few days ago.
The firm in question is understood
to be one of a dozen firms which have
| been engaged in the illicit traffic for
| a year, through which the govern
ment has suffered a loss amounting
| to about 81 900 600 a year. 1t was in
| connection with the investigation of
| these cases that an offer of $3.50, 600
was recently made to Collector Loeb
| to discontinue the investigation and
surrender the struggled goods which
were seized within the last few weeks.
| MI Loeb was in Washington today
| comforting with officials of the treas
| ury department.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
FORESTRY POLICIES
PLEASE TAFT
PRESIDENT is IN FULL SYM
PATTY WITH PLANS FOR TIM
Der CONSERVATION

Washington, April 21,-President
Taft's entire sympathy with the forest
and conservation policies is announced
and stories that vast areas are to be
taken away from the national forests
are denied in a statement regarding
the administrations attitude, issued
today by clifford Pinchot. Mr.. Pin
chot says that charges that forests
contain great areas of agricultural
lands are baseless, and that any agri-
cultural land whatever found along
the boundaries of forests will be re-
stored to entry.
Mr.. Pinchot's statement follows
ANY statement that President Taft
is not in sympathy with forestry and
the conservation movement is with
out foundation. On the contrary | am
authorized by the president to say
that he is in entire sympathy with the
forest policy and the conservation pol
icy as already outlined.
II am also authorized by the presi-
dent to deny categorically the story
that great areas are to be thrown out
of the national forests by presidential
proclamation. The only possible basis
for such a rumor that l have been
able to discover lies in certain plans
adopted by the forest service months
ago. These plans were in accord with
lines Of policy long recognized and
established. They were approved by
Secretary Wilson, and they provide for
a careful boundary of the reserva-
tons.
Repeated charges, well known tc
be baseless, have been made, that the
national forests contain vast areas OF
agricultural lands. Whatever agri-
cultural lands may be found along the
boundaries will be restored to entry
for one of the strongest desires of the
forest service now and has been in
the past is that agricultural lands in
the national forests should be open
for agricultural purposes. The forest
service undertook the mapping of the
national forest reserve boundaries or
it's own initiative in the regular line
of its work and in pursuance of gen
eral plans laid years ago"
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
ATTEMPTS SUICIDE
At FOOT OF STATUE

San Francisco, April Outstanding at
the foot of the Sir Francis Drake me-
mortal in Golden Gate park today,
Eugene Moore, a brother Of Walter j.
Moore, of the firm of Pabey & Moore,
New York city, placed a revolver at
his temple and fired a shot intended
to end his life. He was taken to the
hospital, where he lies in a critical
condition. No reason is known for his
attempt at suicide.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
MRS. EDWARD O'AE|LL
DIES At DEER LODGE
Special to The Daily Muscular.

Special to The Daily Muscular.
Deer Lodge, April 21.-Mrs. Edward
O'Neill, wife of the manager of the
O'Nein Hardware & Plumbing COM
pany of this city, died at the family
home at 10 O'Clock this morning from
complication of diseases from which
she had been a sufferer for some time
past. Mrs. O'Neill was "a years of
age and married her husband in
Butte about three years ago. She is
the daughter of Mrs. A. ]. Sperry, a
well-known resident of Mssoula. Mrs
T. E. and Mrs. S. c. Kemp of Mis-
soula are sisters, as are also Mrs. r.
Bartell and Mrs. James Armour OF
Silver Star and Mrs. Lena Corcoran
of Butte. Levi Sperry of Monida is a
brother The funeral will take place
Friday at 2 p. m,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

People past middle life usually have
some kidney or bladder disorder that
saps the vitality, which is naturally
lower in old age. Foley's Kidney
Remedy corrects urinary troubles,
stimulates the kidneys, and restores
strength and vigor. 1t cures uric acid
troubles by strengthening the kidneys
so they will strain out the uric acid
that settles in the muscles and joints
causing rheumatism. Garden City
Drug Co., Geo. Freisheimer. Prop.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Civil service examinations for gov
eminent positions will be held at Mis-
soula, Great Falls, Helena, Billing ,
Butte and Bozeman on May 10 and
20, for architectural craftsmen in the
supervising architects bureau in the
treasury department, at salaries rang
ing from $S40 to $1,000 a year, and on
June 10th for medical internes for
the government hospital for the in
sane in Washington, at 5000 a year
and maintenance, subject to promo
tons for ability.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
Mr.. F. G. Fritts, Oneonta, N. Y.

Mr.. F. G. Fritts, Oneonta, n. Y"
writes; My little girl was greatly
benefited by taking Foley's Orino
Laxative, and I think it is the best
remedy for constipation and liver trou-
BILE" FOley's Orino Laxative is best
for women and children, as it is mild,
pleasant and effective as it cleanses
the system and clears the complexion.
Garden City Drug Co, Geo. Freishei-
mer, Prop.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

sideration of a federal question, this
court should sustain the motion and
dismiss the writ of error The Mon
tana supreme court was entitled to
decide the case according to its view
of the facts and law, and it was the
exclusive judge of the construction to
be placed upon the statute of the
state and the law applicable"
Continuing it is declared that there
is no question as to the correctness
of the decision of the Montana curt
The argument is made that the Mon
tana court Gid not correctly decide
the case. This court will not at
tempt a review of the faces decide 1
by the state court. The contention of
the plaintiff as to making location
under the statute of the United
States, while not involved in the case,
could not be sustained upon any rea-
son or authority. The state statute
requires the shaft to be sunk upon
the mining claim itself. The shaft
was not sunk upon that claim, but
upon another 1t is said that the vein
was discovered. That is all that was
claimed to be done The requirement
of the statute was not permitted to
be complied with. If without the
statute, such a location could be sus-
tanned then a person might go upon
an adjoining claim, sink a shaft and
discover the vein on it's dip, and make
a location. He would thus trespass
upon the adjoining claim. 1t seems
| to be quite we'll settled that no right
| could be acquired in this way. With
the Montana statute and an obser-
vance of it's terms requiring the work
to be done upon the claim to make
| the location, could thus be made, even
| though no trespass should be COM
| mitted. One of the purposes of the
| state statute is to prevent fraud.
"rhe decision of the state court is
we'll sustained" concludes counsel
| The title which plaintiff had at the
time the adverse was filed is the title
which was adjudged to it, and the
| authorities cited do not at all affect
| the defendants rights. Where the OBJ
| ject is simply to corret imperfectior
| and obvious defects and there is nc
| attempt to include new ground the
amended certificate has been held tC
| date back to the original in spite OF
| intervening rights. The question tried
| by the Montana court was the right OF
| possession, and one of equity. Wheth'
er this court might believe that the
| issues could be disposed of Wthou
the Intervention of the jury, or tina
the state court should have tried tn,
cause before a jury, this court will
not undertake the review of tina
question. The case was correctly de
cided by the Montana court and it!
judgment should be affirmed
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
WASHINGTON ITEMS

Spesial to The Daily Missoulian.
Washington, D. c., April 21.-The
first bills to be introduced in the new
congress by Senator Dixon were for
the relief of Montanans. One of
them gives to DR.. c. B. Miller, of
Helena, a certificate of his services
as a surgeon in the army during the
civil war. For some reason unknown
the files of the war department fail
to show that DR.. Miller served as a
surgeon in the war, and the bill seeks
to give him the credit for which he is
justly entitled, DR.. Miller having per-
formed conspicuous services as a sur
geon in the civil war, at one time
being in charge of one of the hos
pitfalls. The bill has been referred to
the military affairs committee, of
which Senator Dixon is a member,
and will therefore receive the atten-
ton it deserves.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Senator Dixon has also introduced
a bill to increase to $50 per month,
the pension of Joseph Sharpney of
Missoula, for war services.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Farmers in Montana lost quite a
number of their stock last year. From
statistics of the department of agri-
culture, it is learned that the LOSES
among live stock in Montana during
the year which ended March 81, 1909,
We're as follows: 4,256 horses; 49,, 900
cattle; $3.50, 30 sheep and 1850 swine.
Disease and exposure were the causes.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22
Corset Special No. |

Moderately high bust, with skirt dipping well
over the hip; corset adapted to the average
figure; guaranteed to wear, not to rust, break
or tear. Ask for style No. 179, Warmers
Rustproof Corset, on special sale at. ST 90
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Another citizen of Missoula will be
pensioned by the government if a bill
of Senator Dixon's is passed. II
places on the pension roll at $12 q
month, Maria Hinchcliff widow of q
war veteran.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

On April Goth the mail messenger
service at the postoffice at Twodo',
Meagher county, will be disc continued,
on order of the postmaster general
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

Bills pensioning David B. Todd of
Hamilton at s24 a month and Benja-
min F. Estes at $50 a month have
also been introduced in the senate by
Senator Dixon.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

H. o. Chowen or Great Falls, passed
through Washington last week en-
route home from a business trip to
New York and the east. He stopped
off especially to call on Senator
Dixon at the capital.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-22

A decision is expected from the su-
preme court shortly in the case of
Samuel Barker, Jr, against the Butte
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29
BANK ROBBERS
CONTINUED from page ~

into a clearing beyond, where run
ming fight was had with two of the
robbers. One of the robbers was
wounded, it is thought, by Chief Of
Police Calder. He succeeded, how
ever, in getting to swamp with his
companion, where both were cap
tured about half an hour: later. The
other two took different route
and was seen to swim, the Wisconsin
river a short distance below the
park. .3&
Both the robbers caught are very
young men, one probably sixteen or
seventeen years old, the other about
twenty years old, and both are
strangers. here and apparently mex
perienced as highwaymep. They had
automatic ten-shot Hauser rifles. In
their haste they overlooked the vault
containing many thousands Of dol
lars.
''The money was recovered. They
had thrown the satchel containing. 1t
into q brush pile. ,,y4..< IF.
sat the hospital the wounded man
stated that his name was John Laya
and his home Belwood, III. The
younger man refused to give his
name or address. They were all quit
we'll dressed. d.. ,...
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29
Directors
CONTINUED from page ~

under indictment and further investi-
cation. They also reported that they
were helpless for the moment, but
would make every effort to get into
the company's vaults and search for
the books there if given time. The
directors further told the court that
they had called a special meeting of
tn directorate five days hence, when
Heinze and Secretary and Treasurer
Clifford, who, it is alleged, had gone
to Europe, will be deposed from their
official positions with the company.
Heinze, the directors went on, told
them that Clifford took the minute
books with him to Europe. Freder-
ick Eckstein, assistant secretary and
treasurer of the company, who was
included in the court order, said that
he knew the combination of the
vaults and was ready to aid in get
ting the books if they were still
there.
Judge Lacombe declared that und-
err the circumstances he would be
lenient and give the directors further
time to recover the books. He fixed
Tuesday afternoon as the time for
them to report in court again and
added:
"The court appreciates the honest
efforts Of tle directors to get out of
the scrape. They are unfortunate in
getting associated with man who
is too terrified to allow his books to
be examined.
The mutiliation of books Of cor
poration, as charged by United States
District Attorney Wise when he pro-
cured the order for their production,
is a crime under the state law and
the matter will be called to the at
tention of District Attorney jerome.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29
BULLETIN B
III
. CONTINUED from page H.


Both left Washington tonight.
sCoincfdent with the assumption by
William Williams If the Office of com.
missioner of immigration of New
York, it was announced here that
Joseph MurrAy, assistant commits
sioner, had rendered his resignation
at Secretary Nagles request. Byron
Uhl, chief clerk of the Ellis Island
station succeeds Mr.. Murray, whose
retirement was the result of former
differences with Mr.. Williams.
The, state of Pennsylvania will
have the honor of entertaining the
president for the next three days.
Mr.. Taft left Washington tonight for
Pittsburg, where he will address the
Associated National clubs at ban
quet% tomorrow night. On Monday
he will deliver q memorial address at
the unwilling Of monument erected
by congress to union soldiers at
Gettysburg. - =
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29
RACE R [! ): QUESTION 5 Il D
CONTINUED from page ~

road authorities will attempt to clear
the track at LithOnia for the mall
trains early tomorrow, and the depu-
ties will be used to protect the. train
crews. - - ~sr, .s}ssrtsSf
Today brough forth almost stimuli
taneously the possibilities of speedy
state or federal Intervention believed
by many persons Of wide acQuain-
lance with local conditions to be very
heavy with danger of race trouble.
It is admitted the either federal or
state authorities can run the trains
and preserve armed order, but If the
railroad insists on It's rights to hire
negro firemen it is feared that radical
enemity and -reprisals on negroes
from the railroad tracks. &
It is pointed out that not until the
lynching Of negro at Lfncolnton
shortly after the strike began, had
there previously been deliberate lynch
ings in Georgia for nearly two years.
Negroes have met violent deaths in
that time but they were killed when
resisting. sa" 4. g@t a
The status of arbitration for set
Element remained unchanged all day
owing to freight which delayed for
nearly twelve hours the arrival of the
fourth vice president OF the Louis
vile and Nashville railroad. His
presence was essential. to further ne
gotiations. He arrived tonight. IA
The race issue developed today In
what constitutes probably tits two
strongest holds on the northern peo-
pie. The first was the unanimity
shown by an entire community in
resenting the forcing Of negroes in
their midst in capacity to- which
they chose to object. This feeling
was evident within an hour after nine
negro fremen went out on the mail
trains this morning. q IT..
The other sentiment was the in
stance Of the southern employers to
stand loyalty by negroes who have
rendered them long and faithful ser
vice. Such, in . long measure, was
the character Of the negroes Who fired
the trains today. s5 N 3a't@ .i S;3 p 3| WI
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29

ter and package had been torn open
and the contents of value removed.
There were several jewelry packages,
the contents of which had been takn.
Postoffice authorities and railroad
officials are fully convinced that
the arrest of Woods, Gordon and
Torgenson last night, that they have
the right men. The chain of evil
dence secured is, in the minds OF the
peoplice, sufficient to convict the men.
Chief of Police Briggs believes he
will be able to obtain confession.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29
BLOODY Stone
''' Shown IN Court

Centerville, Ia, May 2s.-The foul
est murder in the history Of Iowa was
the characterization Frank Hunter, as
sistant attorney fer the. defense gave
today to the murder Of Clara Rosen,
for which John Junken is on trial.
Hunter pictured Junken as an IRE.
sponsfble criminal, and declared that
life imprisonment was the proper pun
ishment for a moral degenerate, in
sensible to the Significance OF hang
ing. .,.r
States Attorney senaca Cornell out
lined the evidence against Junken
dramatically holding aloft the blood
stained stones used to beat out the
girls brains.
Fred Rosen told of the finding OF
his sisters body and identified art1
cles taken by Junken, including an
engagement ring.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29

atfordng through equipment without change between
Chicago Paul, Minneapolis. ST. Louis. Kansas City and
Spokane Portland. Tacoma. Seattle and Puget Sound.
Direct connections from and to Duluth and Superior.
dstan.
Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1909-05-29

4, opssslasins O ~ a1asbast
y How IL youT rich mcle. TommySs
very III; III afrsid hs won't lasg
long."
Then you en- lend me that 30 4
aska6 yon tor Inst week"