davidaulloa/AmericanStories huggingface dataset:
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
AUDITOR MUST SHOW CAUSE
WHY HE DOES NOT PAY
sTENoGRAPHER MORE.
LEGAL POINTS INVOLVED
Supreme Court stenosrapher Takes
Action to Compel the Payment to
Him Of 5000 Per Month as Provided
by Legislative Appropriation But
Which He Has Not Been Receiving.

Helena, April 2S.-The supreme court
today issue a writ of mandamus, di-
rected to H. r. Cunningham state
auditor, directing him to show cause
on May 8 why he should not pay A.
C. Schneider, stenographer of the su-
preme court, a salary Of 5000 a
month as provided by legislative ap-
preparation. 1t seems that the refusal
of the auditor to issue a warrant for
more than $3.50 month was based
upon the decision of the state board
of examiners, whose action was eX-
planned by it's members on the ground
that while the general appropriation
bill for the ensuing two years carries
among other items s., 400 annually for
the stenographer of the supreme
court, but it is the position of the
board that an appropriation does not
create an office.
The board believing $3.50 a month to
be a reasonable salary, so fixed the
amount and directed the auditor what
to pay This action is based upon
what we believe to be reasonable COM
pensation, comparison being made
with like employment and the oppor-
tunity afforded for other emoluments,
say the board.
Mr.. Schneider. who brought the ao-
ton, states that he feels that the leg
islature is empowered to fix his salary
and that if the district court stenog-
raphers are entitled to 5000 a month,
certainly he is. He has appeared and
submitted to the court a brief on the
subject. Although Mr.. Schneider alone
eral others are affected, including B.
T. Hathaway, deputy superintendent
of public instruction, whose salary
was raised in this manner; Miss Lud-
dy, stenographer in the child and ami
NAL protection bureau, and G. B.
Lockhart, deputy state treasurer.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
Officially Recognized.

Washington, April 2S.-Mehemed W.
the new sultan of Turkey, was today
officially recognized as the reigning
ruler of that empire by the Washing
ton government This action followed
official announcement of the accession
to the state department by KiaZim
Bey, the Turkish ambassador. A dis
patch, according recognition signed by
President Taft, was forwarded to Con-
stantinople tonight. 1t follows:
Il offer to your imperial majesty my
congratulations on your accession to
the throne, with such UNIVERSAL ac-
claim voiced by the peoples repre-
sentatives and at a time so propitious
to the higher aspirations of the great
nation over which you rule as the
august head of a constitutional gov
ernment. I assure you of the friend
ship of the government and people
of the United States who earnestly
wish for your majestys happiness and
for that of the people within your
dominions and I add my own wishes
for your majesty's health and well
fare"
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
NOTICE OF LOCATION
IS FILED
MILWAUKEE RECORDS PAPERS
INVOLVING SEVERAL MILES
OF RIGHT OF WAY.

Special to The Daily Mlss1L,an.
Kalispell, April 2S.-The Milwaukee
officials today filed notice of location
on seven and forty-three hundredths
miles of right of way, continuing
north from the northern ext nifty of
the land against which condt mnation
actions have been filed.
Each day records the fling Of a few
deeds by both the Milwaukee and the
Great Northern. The depth of the
snow in this district has -aused the
engineers to secure additional skids
for handling supplies. and these are
being pulled over the snow by men
instead of horses it being found that
men can make better headway than
the quadrupeds.
At the close of a reception today
of President Ingersoll of the Milwau-
kee, it was intended to take the visit
ing official on an auto ride, but a
raging blizzard caused the postpone
ment of this feature of the entertain
ment
The Great Northern officials are
looking over land surrounding the
Big Fork on Flathead lake 1t is be-
lieved that they contemplate securing
this ground before the Milwaukee can
get holi Of it.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
INTERESTING CHAPTER IN UTAH
RAILROAD LEGISLATION is
DISCLOSED.
FORMER SENATORS SPEAK
Story Is Told Of How Union Pacific
Was Permitted to Change Articles
OF Incorporation and Law Was Pass
ed Later Preventing Other Roads
From Doing the Same Thing.

salt Lake, April 2s.-An interesting
chapter in the Utah railroad legisla-
tion was touched upon when two for
mer state senators were examined at
the Hartman railroad merger hearing
today. stephen NJ. Love and George
y. Lawrence were the witnesses. Both
referred incidentally to the fact that
in 1901 the legislature passed an act
under which the Union Pacific Rail-
road company amended its articles of
incorporation and, at the same ses-
sion, passed a bill to codify the rail-
road laws Of the state which repealed
the first act ana prevented any other
railroad following the example of the
Union Pacific.
The attorneys did not go into the
details of this legislative history, and
the further testimony of the witnesses
related to other matters. Mr.. Love
told of the inequalities in the prevail
ing freight rates and Mr.. Lawrence
recalled the assurances given by the
promoters of the San Pedro, Los An
geles & Salt Lake road to the senate
committee, of which the witness was
a member, that the road was to be a
competing line.
Joseph A, West, formerly chief en-
gineer for the Utah Pacific, Kenneth
Kerr, former railroad editor of the
Salt Lake Tribune; j. B. Oglesby, for
mer traffic manager of the Union Pa
cific, and Fred E. Ulmer, a civil en-
gineer were questioned briefly. The
government brought out testimony
that the San Pedro line was con-
ceived as an independent project, and
also placed upon record a description
of the San Pedro right of way. 1t
was right of way dispute between
the San Pedro and the Oregon Short
line that eliminated in the traffic
agreement which the government now
attacks as a violation of the Sherman
antitrust law
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
LUMBER SCHEDULES
EXHAUST|YELY
DISCUSSED
SIMMONS OF NORTH CAROLINA
ADVOCATES REDUCTION OF
PRESENT TARIFF.

Washington. April 2S.-An exhaust
i've treatment of the lumber schedule
of the tariff bill by Mr.. Simmons of
North Carolina was the feature of
the session of the senate today. Mr..
Simmons advocated the retention of
the present tariff which, he main
tanned, was but a revenue rate Sew
eral times the national democratic
platform of 1908, which declared for
free lumber, was injected into the dis
cussion by republican senators and Mr..
Bacon of Georgia remarked that he
was not bound by declarations writ
ten into a platform at midnight by a
few interested men. Mr.. Burkett of
Nebraska, whose home city is Lincoln.
sought to state where the democrats
platform actually was drawn, but Mr..
Simmons refused to yield time to pro-
long the discussion.
Mr.. Brown of Nebraska advocated a
constitutional amendment for the col
lection of an income tax.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
MILLIONS Of ACRES
WILL Be MADE
AVAILABLE
BALLlNGER DESIGNATES LANDS
THAT CCME UNDER 2O-ACRE
HOMESTEAD ACT.

Washington, April 2S-Approximate-
ly 157176,SO0 acres of land in various
western states to which the 320-a
homestead bill applies have been
designated by Secretary of the Interior
Ballinger as coming within the provi-
sons of the act The area of land
designated in each of these states is
as follows:
Oregon, 70O4,16O; Washington,
3,576,960; Utah, 7,0444S0; Wyoming,
9,221 700; New Mexico 14,334,5 $50; Ne
vada 49.512. $50: Arizona. 26657,2SO;
Colorado, 2O,16O,OOO, and Montana,
1864 $50.
1t was stated at the department to-
day that approximately 40 per cent Of
the area designated in Nevada is now
held by individuals through "some
color of title" and it is believed that
a larger percentage in Washington and
oregon are so held. Were all of the
lands designated suitable for entry
there would be about 492, 900 home
steads. The lands in question are not
susceptible of irrigation from any
known source of water supply. The
regulations under which entries for
these lands are to be made recently
were approved
Diagrams showing the lands subject
to entry will be furnished the local
land offices as soon as possible and
applications to enter will then be re-
CeiVed
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
WILL MAKE OFFER
FOR PRIZE FIGHT

Goldfield, New, April 28.--A mass
meeting of 1000 citizens tonight de-
cided that Goldfeld should offer $50
900 for a fight between Jack Johnson
and James j. Jeffries, to take place
in the latter part of September dur
ing the session of the mining con-
gress. Before the meeting adjourned
$40, 900 of the amount had been pledged
and the further decision reached that
should $4,000 prove too small a purse
to attract the big fighters, any sum
within reason will be offered. When
the subscription list is completed the
money will be placed in the John S.
Cook bank, and a formal offer will
be made to the fighters.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
TA|NSOBJECT|ONS
Of STATE
JUDGE LYNCH MAKES AN I'M
PORTANT RULING IN THE
POOL ROOM MATTER.

Butte, April 2S.-District Judge J.
K. Lynch this afternoon sustained
the objections of Deputy County At
torney James II. Baldwin to the proof
of corporate existence of the Inter
state Telegraph company, in the ac-
tion brought by that concern to secure
an injunction restraining the sheriff
and the county attorney from inter
fering with their business, and the
matter has again been continued until
Monday to give the Interstate com
pany a chance to secure further proof
from Salt Lake.
In sustaining the objection made,
Judge Lynch stated to Lawyer Mackel
that the infirmty of his paper was
that the certificate Of the secretary
of state of Utah did not certify that
the certificate of the keeper was in
due form.
Mackel then introduced the laws of
Utah applying, to which Baldwin OBJ
jected, Judge Lynch overruling this
objection, however, saying that he
wanted to get through with this mat
ter.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
ACCUSED MAN ADDRESSES
COURT DENouNCING PROSE.
cUToR's CONDUCT.
IGNORES HIS ATTORNEYS
Man on Trial in Connection With
Bribing of Supervisors Arises and
Enters a Protest Against the Ian
guage Used by Mr.. Heney--A Lively
Tit Is Preciptated.

san Francisco, April 2S-The un-
usual spectacle of a defendant address
ing the court and jury while his five
attorneys remained silent in their
chairs, was presented today dur
ing the trial of Patrick Calhoun, presi-
dent Of the United railroads At a
critical juncturc in the proceedings
after there had been presented to the
court an allegation touching the good
faith of the jury. Mr. Calhoun. ignor-
ing the appeal of a. a. Moore, his
chief counsel arose from his chair and
said.
Il am on trial for my liberty. and.
as a citizen, | desire to enter a protest
against the remarks of the district at
torney, which | designate as miscon-
duct. They are contrary to every rule
Of law practiced among English
speaking people. The prosecution is
attempting to establish a controlling
influence over this jury by reference
to an allegation that a man has been
making cabalistic figures at my desk
| think the reference is absolutely alb
surd and irregular"
Assistant District Attorney John
OGara precipitated the extraordinary
climax by an interruption during the
examination of James f. Kelly, the
fourth member of the Schmitz board
of supervisors to be called as a wit
ness in the case.
II desire to cali the courts atten-
tion," said Mr.. O'Gara, that a young
man seated at the defendants table
has been laughing and smiling at mem
bers Of the jury whenever he conceived
a point to have been scored in the de
fendant's favor and that he has been
snarling at portions of the testimony
of this witness"
That is absolutely false" said John
j. Barrett, one of the attorneys for
the defense. "Mr. O'Gara bases this
accusation upon a report made to him
a moment ago by one of the men who
sit there all day long, looking men
acingly in our direction"
Mr.. OGara's reference was to Jerry
Geisler, a law clerk, who sits at the
table provided for attorneys for the
defense, and Mr.. Barrett as he spoke,
designated William Otis, one of Fran
els j. Heney's bodyguards.
THAT may be So" said Mr.. Heney,
entering into the debate, but | hap
pen to know that Rudy Fischbeck,
well-known saloonkeeper, was brought
in here few days ago by Mr.. Barrett
and that he was making signs to one
of the jurors while court was in ses-
sion"
THAT is false, also" interrupted Mr.
Barrett.
During Mr.. Calhouns remarks Judge
LaWlor made no attempt to interrupt
until after Mr.. O'Gara had made OBJ
lection, when Judge Lawlor expressed
belief that any statements made by
the defendant, except through his
counsel, were improper.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
A BOOSTER WHO BOOSTS WELL

Ii there is a man in Missoula who
knows any more about the west than
anybody else in these parts, that man
is James NJ. Rhoades. Jim" has been
over more miles of the great western
region than any other man of his
years and inches in this section of
the world. He has travelled afoot on
horseback, behind a team of cayuses
in automobiles, in locomotives and
aboard cushioned cars. He can tell
you about the broad eastern plains
of eahtern Montana, the vast stretches
of Wyoming, the mountain valleys of
Colorado, the hills and the basins of
Utah, and. if you want to extend
your jurisdiction, he can tell you
things that you never knew about
the territories to the south, and then
swing up through California along the
coast into the northwest. His fund of
information has been gained by actual
contact with regions of which he
talks; he has seen them all, has lived
in most of them, and has studied their
various conditions. But he has Sc
lected Missoula as his home and here
is his permanent abiding place. He
lives in Missoula because he likes the
city; he has chosen it after years of
experience in other places, and, if you
ask him, he will tell you in the real
booster spirit why Missoula is hr,
than any other place he knows of. |
His boosting is of the practical sort;
he talks by the book: it is not mat |
ter of hearsay with him, but the real !
facts. Mr.. Rhoades is one of the most |
consistent boosters that Missoula ever |
had. He is at it all the time, and he |
works by system; there is nothing |
spasmodic about his boosting, and his |
is the sort that counts. He has been |
Instrumental i'm bringing many peo- |
pie to Missoula, and he is ever en- |
gagged in the endeavor to interest more |
of them. He is a member of the |
executive committee of the chamber of |
commerce and his energy finds an out /
let in the promotion of many plans
that are for the good of the city. His .
is the boosting that has no come
back, and he knows what he is talk |
ing about and he talks about what |
he knows. AS a type of the Missoula .
booster, Mr. Rhoades is good; he
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
ABDUL HAND. DEPOSED SULTAN
WITHIN WALLED HOUSE.
LIFE TO Be PROTECTED
on Trial as Has Been Reported in
Constantinope as He Is Considered
to Be Above the law-Leaders in
Uprising Are Executed.

Constantinople, April 2S.-The foi-
mer ruler of the empire, Abdul Ha-
mid, will be kept prisoner in a large
house with a wall all around the
grounds on the heights overlooking
Saloniki, it was learned tonight. He
is not to be put on trial, as has been
widely reported in Constantinople, for
he is considered above the law
1t was thought wise to keep the de-
posed sultan in European Turkey, re-
mote from the capital. His household
will be administered upon Il generous
scale, and his life will be safeguarded
as he earnestly besought when noti-
fed of his dethronement.
Abdul Hamid, with four wives, five
daughters and two of his younger
sons, two eunuchs and a comparative
ly large number of female servants,
were taken from the Yildiz palace last
night and started under an escort to
S oniki.
The constitutionalists want to get
together sums of money that the for
mer sultan is supposed to have
abroad, not only beca'se the govern
ment needs it, but because 1t is desir-
able tnat ne SnOulQ DC deprived VI llS
resources for another coup d'etat.
Speculation places Abdul Hamid's
wealth at anything between s25,000Oo,
and $20O,OO0,OoO
1t was mentioned with pleasure to-
day at the palace of Mehemed v that
the American ambassador was the
first of the foreign representatives to
communicate his good wishes to the
newly proclaimed sultan. The sultan
sent his compliments and thanks to
Mr.. Leishman
The city was illu"nnated tonight
and general rejoicing continued. AL
though a holiday, court martials
were held, and several of the princi-
pals in the mutiny of the troops were
condemned, Later they were taken
outside the walls of the city and Shot
Prince Sabah Eddine, the nephew of
the sultan, who was arrested on sus-
picion of being implicated IN the ris-
ing, has been liberated, and his re-
lease has caused good impression.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
FATHER OF ACCUSED
TO TESTIFY
GENERAL PETER c. HAMS WILL
TAKE WITNESS STAND IN
MURDER CASE.

Flushing, N. Y, April 2S.-General
Peter C. Hains, the defendants father,
will be the first witness called to-
morrow when the defense begins its
attempt to establish the insanity OF
Captain Peter c. Hams, Jr, the
young army officer, who shot and
killed William E. Annis at the Bay
side Yacht club last August. When
court adjourned today former District
Attorney Young had completed his
opening address for the defense, while
previously the prosecution had finished
it's case.
General Hains will be followed by
Major Hams, the captains brother,
and then by 30 witnesses, who will
testify concerning Captain Hams ir-
rational acts following the revelation
of his wifes alleged infidelity and her
association with Annis.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
Favorable Impression.

A favorable impression has been
created in Washington by the remarks
attributed to the sultan in his public
utterances.
From the American standpoint the
permanent improvement in the condi-
tions in Asia Minor and other por-
tions of Turkey where massacres of
Armenians occurred, is the most i'm
portant duty confronting the new
government. Meantime to meet the
situation in Asia Minor, the state de-
partment is arranging to put to the
best use the American vessels now
gradually approaching Gibraltar.
It is the intention to send the cruiser
New York to eastern Mediterranean
waters about the middle of next
month.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
TAKES ANOTHER PRIZE.

New York, April 2S,-In addition to
winning the amateur billiard cham
pionship of the United States, H. A.
Wright of San Francisco annexed an
other prize today. He and Clarence
Jackson of Chicago had tied for the
single high average with 16 1924 each
during the tournament and in the
playoff this afternoon Wright won by
score of 400 to 1873. The winners s
average was &c 10-15 and his high
runs were 81, 81 and As, Jackson's
average was 10 3-15
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
SHOULD NOT RAISE
MONEY BY SUCH MEANS

New York, April 2S.-"If the widows
and orphans of army men should need
money, it should be provided by army
men themselves, not by social studies.
afternoon teas and theatrical enter
tainments."
This is the opinion of Colonel
Charles w. Larned, professor of tech
nical and military graphics in the
West Point military academy. who
addressed members of the Army Re
lief society today. The following Of
fiCers were elected: Mrs. Daniel La
mont, president; Mrs. Emerson Lis
cum and Mrs. Leonard Wood, vice
presidents; Mrs. W. l. Pardee and
Mrs. Guy Howard, secretaries; c. n.
Bliss, Cornelius Vanderbilt and Levi
2. Morton, trustees.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
SAFETY APPLIANCE
RULES SHALL
GOVERN

Special to The Daily Missoulian.
Helena, April 2S.--The state
board of railroad commissioners
and representatives of all the rail-
roads in the state except two
agreed today that the rules gov
erning safety appliances adopted by
the interstate commerce commits
sion shall govern in Montana. 1t
was also agreed that to carry out
the state law relating to train re-
porting, advices shall be sent out
five hours preceding the scheduled
time a train should arrive at a sta
ton. The only roads not repre-
scnted were the Burlington and the
Butte, Anaconda and Pacific and it
is understood they will agree to the
arrangements made.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
LOCAL OPTION ISSUE
ALMOST CAUSES RIOT

Chillicothe, Ohio, April Sin a To-
cal option election characterized by
disorderly scenes, at times bordering
on rioting, Ross county today voted
wet" by 1000, The city of Chilli
cothe gave a wet majority of approx
mately 1,S00. Mayor Yaptle and the
city administration led the wet forces.
To restore order Company H of the
Fourth regiment, Ohio National guard,
was called out, and a large force of
special deputies were sworn in. These,
carrying wagon spokes, instead of
rifles, stood guard in the disturbed
quarter until the polls closed,
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
GRADING COMMENCES
ON new RAILROAD

Livingston, April 28.-The first work
on the new Shields river railway be-
gan this morning when 300 men and
as many teams began operations just
east of Livingston. Another large
crew of men will begin work at Myers
burg, point about 40 miles north of
Livingston. and will push construction
work toward this city. 1t is the in
tention of the company to have the
grading completed to Myersburg by
September l, and it is said that trains
will be operated on the new road by
October Is this year.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
FAILS TO APPEAR
BEFORE THE COURT

New York, April 2S-For the second
time within 10 days Evelyn Nesbit
Thaw failed to appear today in the
city court for the supplementary pro-
ceedings in connection with a s253 bill
held by Elsie Hartweg, a milliner,
who obtained judgment for that
amount. A week ago when Mrs.
Thaw failed to appear Justice Nc
Avoy directed her lawyers to pro-
duce her in court today, or to show
cause why she should not be held in
contempt. Daniel O'Reilly, appearing
in her behalf today, said there was
no doubt about the question of Mrs.
Thaw's residence in the county at the
time the summons was issued, and
asked for ruling. Justice McAvoy
took the matter under advisement.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
SURVEYORS AT WORK.

Great Falls, April 2S-Articles IF
Incorporation have been filed for the
Montana Western Railway company,
which win build a railway line from
Conrad towards the mountains
through new country that is being
developed by the Conrad irrigation
project Surveyors are now at work
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
WOOL CROP ESTIMATED.

Butte, April 2S.-A Cheyenne, Wyo.,
dispatch to the Miner states that esti-
mates of the wool crop of that state
for 1909 place the amount at about
35,000,000 pounds, with a value of ap-
proximately $7,35OO00, basing the
price for clips at from Is to 23 cents.
Sheep shearing is now in progress,
with a heavy clip in sight.
The Daily Missoulian. [volume] (Missoula, Mont.) 1904-1961, 1909-04-29
LEAGUE SEASON TO OPEN.

Denver, April 2S.-If the weather
is propitious, it is expected that the
Western league season will open to-
morrow with the largest attendance
at opening day games in the history
of the league. Pueblo, Topeka and
Wichita have declared a half holiday
in honor of the opening of the base
bal, season and ali business will be
suspended for the afternoon.