VOL. XLIV. NO. 13,754.
PORTLAND, OREGON, SATURDAY, JANUARY 7, 1905.
PRICE FIVE GENTS.
TWOINTHECHAiR
CoIoradoLegisIature
Plays a Farce.
RIVALS FOR THE HONOR
Speaker and Lieutenant-Governor
Both Preside,
CANVASS OF VOTE ORDERED
Struggle for Governorship Assumes
Serlo-Comlc Phase in Uproarious
Meeting of Joint Assembly
Republican Plan Adopted.
DENVER, Jan. 6. Behind locked doors
and amid scenes of great confusion and
excitement, the Colorado Legislature to
day passed a resolution creating a. com
mittee of 15 members to canvass the vote
cast for Governor at the last election, and
submit a report to the Legislature not
later than 2 o'clock on the afternoon of
next Monday. The committee is.composed
of Ave Senators and ten Representatives,
the political division being 12 Republicans
and three Democrats. It organized this
afternoon by the election of Senator Ar
thur Cornforth, of Colorado Springs, as
chairman and "will commence the hearlag
of evidence tomorrow.
The trouble began with the first second
of the joint session and continued until
Its close. It was expected that there -would
be a contest over the respective rights of
Speaker Dickson and Lieutenant-Governor
Haggott to preside over the joint session.
The Speaker based his opinion of his right
to preside on a section of the state con
stitution which says the Speaker shall
open and publish the (election returns In
the presence of a majority of both
branches of the Legislature. Lieutenant
Governor Haggott based his right to di
rect the proceedings on a statute which
declares that. In conducting any contested
election, the General Assembly shall con
vene in joint session .and that the presi
dent of the Senate shall preside, unless
he 1b the contestcc.
Legal advice was given to each gentle
man that his position was correct. Lieutenant-Governor
Haggott was assured
that the wording of the statute amply
covered tho case. Speaker Dickson was
advised by his attorneys that the pro
ceeding was not officially known to be a
contest and that a provision of the state
constitution always overrides a statute
when the two are In conflict.
Would Not Take a Hunch.
When Lieutenant-Governor Haggott
mounted the rostrum. Speaker Dickson
was standing la front of tho center of
his desk and did not move. The Lieutenant-Governor
advanced, the two men
smiled, bowed, shook hands and then stood
gazing into each other's eyes. Neither
man made a move and their features
hardened as they realized tho situation.
Together they turned to face the Assem
bly, the Speaker behind the center of the
desk, the Llcutenant-Goyernor at his left
hand. Gently edging up to the Speaker,
Lieutenant-Governor Haggott gave him a
gentle "hunch" with his shoulder, as If
to shove him along. The Speaker was
Immovable. The gentle "hunch" was re
peated, and still the Speaker held his
ground and brought down his gavel with
a thump.
"The clerk of the House will call the
roll," he said. Bang! went the gavel of
the Lieutenant-Governor. He is much the
more powerful man physically. And every
time he brought his black gavel down the
pitcher of water on the Speaker's desk
trembled and the tumblers bumped and
jingled.
"The clerk of the Senate will call the
roll," he shouted. Clerk Harper, of the
House, and Secretary Farwell, of the
Senate, began to call their respective
rolls, while great confusion arose In the
House. Members laughed, cheered and
shouted, while Representative Street, a
Democrat, gave the cowboy yell. "Yip,
yip. yip."
Chairmen Overrule One Another.
A few names had been called when
Representative Frewen. a "Wolcott" Re
publican, shouted:
"Mr. Chairman." .
"Mr. Frewen." responded the Lieutenant-Governor.
Tou aro out of ordor, Mr. Frcwen,"
shouted tho Speaker.
"You have the floor. Mr. Frewen," said
tho Lieutenant-Governor.
Bang! bang! went tho Speaker's gavel.
Boom! boom! went the gavel of the Lieutenant-Governor.
Mr. Frewen accepted
the ruling of the man who gave him what
he wanted, and commenced to speak to a
point of order, which was that the Presi
dent of the Senate was the proper pre
siding officer at a joint session.
"You are out of order; sit down!" com
manded the Speaker.
"You have the floor," said the Lieutenant-Governor,
and again the gavels
banged and boomed.
"I move this session adjourn," shouted
Senator Morgan.
"It Is moved that this session adjourn,"
shouted the Lieutenant-Governor.
"The session will not adjourn, and mem
bers will keep their seats," 'called the
Speaker.
"All In favor of adjournment will say
aye." called the Lieutenant-Governor.
"All opposed no. "
The ayes and noes came in "about equal
yolumcj and then down, came the gavel -of
the Lieutenant-Governor with a vicious
slam.
"The ayes have it and the session Is
dissolved."
Whack! went the Speaker's gaveL
"The noes have It and the session Is not
dissolved," he said.
Vain Attempt to Adjourn.
"The members of the Senate will leave
the house," said the Lieutenant-Governor,
and, quickly walking from the Speaker's
stand, he strode up the aisle waving his
gavel over his head as though he was
leading an infantry charge. All the Dem
ocratic Senators and a number of the Re
publicans followed him.
"The Sergeant-at-Arms will see that no
body leaves tho room," said the Speaker.
The Sergeant, however, was not fast
enough on his feet, however, and the
Lieutenant-Governor slipped out.
"Members will resume their seats,"
said the Speaker; "the Joint session is
still on."
When Lieutenant-Governor Haggott
reached the Senate chamber he saw that
he was not followed by all the Senators,
and directed Sergeant-at-Arms Berry, of
the Senate, to arrest all absent members.
Berry at once hastened down the ball to
the House and demanded admission. He
pushed past Doorkeeper Ingersoll and
was looking for Senators when a special
officer came up.
Wants Some Senators.
"What do you want?'' demanded the
special officer.
"I want to get some Senators," said
Berry with a laugh.
"I've a mind to throw you out," re
joined Special Officer Sterling.
The men scuffled a little, laughing
all the while, and then Berry retreated
to the Senate alone.
Several Republican Senators re
mained in the House and took part r.
the proceedings held there until tb&
final adjournment. Tho doors wer
then locked and no member permitted
to pass out.
Again and again Representatlv
Frewen raised the point of order that
no proper joint session was being held,
and every time the Speaker declared
him out of order. The Speaker was sus
tained by a vote of 49 to 6.
Peabody's Protest Read.
Representative Griffith then present
ed the protest from Governor Peabody,
which was read by the Clerk. It cov
ered the history of. the recent election
In Denver, the greater part of which
has already been published, . and sug
gested to the Legislature that It was
the duty of that body to make a com
plete Investigation of tho election. It
protested against the canvass of the
votes until the investigation had been
completed and the number of legal
votes for each candidate had been as
certained.
Accompanying the protest was a res
olution presented by Mr. Griffith, urg
ing the -appointment of" a committee of
10 from the House and Ave from the
Senate to Investigate the vote and re
port dally to -the Legislature, with f.
final report not later than Monday af
ternoon. The reading of the Governor's protest
lasted but about a minute, when Repre
sentative Frewen raised the point of
order that it was not germane to any
subject under consideration. He was
declared out of order, raised his point
of order again and once more was de
clawed out of order. He appealed from
the decision of the chair and the
Speaker refused to hear his appeal.
Representative Street moved an ad
journment and the Speaker would not
entertain it Mr. Street insisted that
his motion was in order according; to
the rules. He was informed by the
Speaker that this was a Joint session
and no rules had been adopted for the
control of a Joint session.
Canvass of Vote Ordered.
After the reading of the resolution,
Mr. Griffith demanded a roll call.
Before Its adoption several members
made speeches explaining their votes,
the Republican Senator Morgan declar
ing that he only voted aye" because
he did not wish to ally himself with
the Democratic party, but he wished to
say that the presiding officer of the
Senate had been Insulted by the House.
The resolution was adopted by a vote
of 51 ayes and one nay, the negative
vote being cast by the Republican
Senator Wood. Seventeen Republican
Senators were present and voted for the
resolution. Throughout the roll call,
Representative Street constantly urged
the point of order that no quorum was
present and was constantly declared
out of order. Mr. Street finally fore
swore himself and sat down.
After the adoption of the Griffith res
olution, a motion to dissolve the Joint
session was carried. Speaker Dickson
then called the House to order and It
promptly adjourned.
Holding Out for Terms.
Lieutenant-Governor Haggott and his,"
followers assert tonight that five of the
Republican Senators who were in joint
session today will remain away tomorrow
and prevent a quorum.
The Walcott Republicans, whose leader
Is Lieutenant-Governor Haggott, have de
manded certain concessions from tho Pea
body: people as the prlco of their assist
ance. These things are reported to be
the privilege of naming the two Justices
of the Supreme Court and getting one
half the Gubernatorial patronage. The
Peabody people are not willing tonight to
agree to the request
WILL INVOKE FEDERAL LAW
Lawson Says He Will Attack Amalga
mated Copper in Court.
BOSTON. Mass.. Jan. 6. (Special.)
Thomas W. Lawson declared today that
the real secret of his silence on Amalga
mated Copper of late is that the next
move against Amalgamated will come
from Washington and that a resolution
will be Introduced In tho Senate calling
upon Attorney-General Moody to proceed
against the company.
A large package of documents contain
ing evidence will be presented to Mr.
Moody, and tho proceedings will be In line
with those against the Central Paper
Company and the Northern Securities
Company. Mr. Lawson himself, or his
counsel, will furnish the evidence and
will also ask the Attorney-General to
act. If th SaatcMlte&e&tfifcK
TEH-IS OUT
HeThrows Speakership
Support to Mills. .
CLOSE FIGHT WITH KAY
Kuykendall in the Lead
Presidency.
for
CARTER STANDS BY GUNS
Balance of Power for Leadership of
Senate Remains in the Hands
of Five Doubtful
Senators.
The Vawter cohorts went over to tho
Mills' camp yesterday afternoon in the
contest for the Speakership of the Ore
gon House of Representatives, and the
fight Is now waged between Mills and
Kay. The Vawter people said they de
livered six votes to the Multnomah can
didate, and confessed that one of their
seven went to Kay, but the Kay braves
contended that the deal between Mills
and Vawter netted the Multnomah man
only four votes and themselves three.
Early this morning the Mills boomers
claimed SO votes, or four more than re
quired to nominate in the Republican
caucus. Their opponents conceded them
about 22. The Kay workers claimed 2S
for their candidate, and the Mills adher
ents allowed them 22 or 23. The alleg
iance of some ten members of the lower
house was In dispute.
The fight for President of the Senate
was in the balance, because of the un
known affinity of five Senators, who held
tho issue in their own hands, and were
working on a scheme to unite their
strength and to wlejd the balance of
power. Senator Kuykendall. the Lane
candidate, announced that his goal was
as good as won, and that he was fully
satisfied that not a single rail had been
knocked off his fences". But the Carter
contingent declared It had Kuykendall
beaten.
In brief, the situation croed to be
that Kuykendall was- in the lead with 12
safe votes, and that the opposition had
ten. of whom three belonged to the five
Independents, as above mentioned. In
spite of the declarations of victory from
the two camp?, the contest wa obvlovsly
very ict. .".liaUtt Kuykendall a-i
nounced In the afternoon that he was so
thoroughly convinced that he was going
home in the evening, but after starting
for the train he returned to the hotel.
His friends said he had missed the train,
but his opponents took his "return as an
"evidence that his fences needed fixing.
Close Fight in House.
The fight In the House Is likewise very
close. After the combination yesterday
between the Mills and tho Vawter forces,
the Kay men were flustered, but last
night they had recovered their breath,
and were offering a strong battle line.
The combination had the effect of caus
ing Kay men to look toward the Mills
camp, but no stampede resulted. The
union of the two elements strengthened
the Multnomah candidate to the extent
of perhaps 10 votes. Late last night
Kay appeared to have reformed his lines
until he had slightly the better of the
contest, but bis margin was very small.
The Senate cannot be organized until
tho five men who are holding out for a
union of their own shall have broken up
or have gone over to one candidate or the
other. These five are Nottingham of
Multnomah, a Carter adherent; Laycock
of Grant Crook. Klamath and Lake,
whose affinity is disputed, but who
seemed last night to be leaning to the
Carter cause; Hobsoa of Marion and
Linn, and Croisan of Marlon, who are
fraternizing and declare themselves as
yet free of any alliance, and Brownell of
Clackamas, who Is claimed by the Kuy
kendall people, but who will not vote for
the Lane man If his ballot will prevent
the Lane candidate's nomination.
Thirteen Are Necessary.
The Carter people were sure of Hobson's
and Croisan's support if U other votes
could be shown for Carter, for 13 are re
quired to nominate. The backers of the
Jackson candidate said that they had 11
sure enough. Including Brownell, but that
Hobson and Croisan did not like so tight
a fit The 11 were Farrar of Marion; Lay
cock of Grant Crook, Klamath and Lake:
Wright of Yamhill. Tillamook and Lin
coin; Howe of Yamhill; Haines of Wash
Ington; Brownell of Clackamas; Notting
ham of Multnomah; Whealdon of Wasco;
Bowerman of Gilliam and Sherman; Me
Donald of Union and Wallowa, and Carter
himself.
But of the foregoing 1L the Kuykendall
workers declared that the following were
not really arrayed against their candidate
Laycock, Howe, Haines. McDonald, Not
tingham, Brownell an utterance which
drew from the Carter camp derision and
strenuous denial.
The 12 sure Kuykendall votes were:
Booth of Lane, Douglas and Josephine;
Cokn of Coos and Curry: Loughary of
Polk; Rand of Baker, Harney and Mai
heur; Tuttle of Clatsop, Kuykendall him
self and the following six from Multno
mah: Hodson, Holman, Slchel, Coe. Ma
larkcy and Mays. But of these. Coke and
Loughary were said by the Carter ad
herents not to be Inseparably tied up to
the Kuykendall cause. Loughary. how
ever, seems to have cast his lot with the
Kuykendall camp, and though Coke has
signed himself up in writing to Kuyken
dall. It Is reported he may seek release
If men who are bound to Kay in the same
way shall free themselves from the Mar
ian candidate for Speaker.
Before starting for the train for Eugene
yesterday Senator Kuykendall declared
that he had 13 sure votes already, and
that enough others would certainly join
his ranks to reduce the opposition to
feeble line. While he has always been
reasonably confident of winning, he re
marked that circumstances had come to
such a pass that no doubt of success was
left in his mind. When asked to enu
merate his supporters by name be de
clined, saying that to do so might em
harrass some of them In their legislative
and political plans. The support of the
six Multnomah Senators, he said, made
his nomination certain, and to It he at
tributed in large degree the sure success
of bis candidacy. ,
"In the Speakership contest the "ten men
whose allegiance is claimed in -both the
m
Mills and the Kay camps are: Gray of
Douglas. Cooper of Polk and Lincoln.
Miles of Yamhill, Bramhall. Huntley and
Jagger of Clackamas; Dobbin of Union
and Wallowa. McLeod of Union. Smith of
Baker, and Mayger of Columbia. Of the
11 Republican Representatives from East
ern Oregon at least nine are claimed by
the Kay adherents, but the Mills men
concede to them only six.
-Mr. Mills said yesterday that he was
sure of 30 votes already, and of more
before the caucus shall be held next Mon
day, on the day of the organization of the
Legislature. Though he declined to di
vulge the names of the Representatives
who he expected to vote for him in cau
cus, they were understood to be as fol
lows Graham, of Marlon; Gray and Sonne-
man. of Douglas; Hermann, of Coos; Von
der Heilen. of Jackson; Vawter. of Jack
son and Douglas; Cooper, of Polk and
Lincoln: Miles, of Yamhill: Bramhall.
Huntley and Jagger, of Clackamas:, May-
ser, oi oiumoia; uoie, ox umauiia ana
Morrow; Dobbin, of Union and Wallowa;
McLeod. of Union; Smith, of -Baker; Site,
of Malheur and Harney; Holcomb, of
Multnomah and Clackamas, and the fol
lowing from Multnomah: Bailey, Capron,
Colwell. Crang, Henderson, Hudson. Kll
Ilngswortb, Llnthlcum, Meats. Mills.
Mulr. Welch-30 In all.
Conference in Hotel.
The Mills-Vawter combination was ef
fected shortly before 3 o'clock In the aft
ernoon, at a conference In the Imperial
Hotel. In the morning four of the seven
men in the Vawter camp got together.
Hermann, Von der Heilen, Sonneman and
Vawter himself, and agreed to make
terms with Multnomah. Representing
Multnomah at the afternoon conference
were Mr. "Mills himself and Representa
tive Llnthlcum. The deal was soon made.
It was stated afterward that Vawter ex
pects to receive good committee places
for himself and friends. The rumor that
he was to receive Multnomah's support
In case Mills could not secure tho nom
ination was denied by his managers.
BISHOP SPALDING STRICKEN.
Paralysis Affects Whole Left Side of
Venerable Prelate.
PEORIA. 111.. Jan. 6. Bishop John L.
Spalding of the Roman Catholic Church,
today received a severe paralytic stroke.
His brother. Dr. Leonard H. spaimng, is
by his side continually. The entire left
side of the bishop's body Is affected, and
for several hours after the stroke he was
unable to speak. Leeches applied to his
head resulted In briging back. In a
measure, his speech, and tonight he was
able to talk.
The bishop is 63 years of age, and. while
he has been in fair health all his life, his
age adds to the fear of his friends of
another and more serious attack. At a
late hour tonight he is resting comfort
ably. CHOKER'S HORSES BARRED.
Jockey Club Will Not Allow Their
Training on Newmarket Heath.
LONDON, Jan. 6. Secretary Weathcrby
declined to discuss the reason for the
actions of -the Jockey Club In Interdict
ing Richard Croker- from training his
horses on Newmarket Heath, pointing
out that Linden. the Jfickesr Club rules it"
:a not accessary ror tne stewaras to give
reasons for their actions. Mr. Croker
wired to the Associated Press from "Dub
lin tonight as follows:
"Haven'J. the slightest Idea why the
Jockey Club barred my horses from New
market" Senate Ratifies Two Treaties.
WASHINGTON. Jan. 6. The Senate, In
executive session today ratified the ex
tradition treaty between the United States
and Panama and a treaty amending the
convention between the United States and
Sweden and Norway.
CONTENTS OPJIODAY'S PAPER
The Weather.
TODAY'S increasing cloudiness, followed by
rain; southeasterly Grinds. (
YESTERDAY'S Maximum temperature. 47
deg.; minimum. 28. Precipitation, none.
War la I"ar East.
Russia will offer sensational evidence before
North Sea Commission. Page 3.
Several severe engagements near Mukden.
Page 3.
Movements of second Pacific squadron still
undecided. Pate 3.
Third Pacific squadron to sail February !
race 3.
All the powers of Europe agree that Roose
velt will be chosen as mediator. Page 3.
Foreign.
Russian revolutionists predict early outbreak.
Page 1.
Prince Hllkoff answers- demand tor a constitu
tion for Russia. Page 1.
. National.
Btef trust case Is argued before Supreme
Court. Pago 1.
President calls conference of Republican lead
ers to agree on legislation. Pace -4.
House passes tortlflcatlons bill. Page 4.
Senate confirms appotntmcnt of Crura. Page 4.
Senator Mitchell arrives in Washington and
Is surrounded by friends. Page 4.
Chairman Bacon, of Interstate Commerce Com
mission, brought to book for attacks on
Congress. Page 9.
JTolltles.
W. J. Bryan approves Roosevelt's reform
measures and outlines Democratic policy,
Page 1.
Colorado Legislature decides to canvass vote
for Governor, alter noisy session. Page 1.
Governor Durbln, of Indiana, condemns vote-
buying. Page 1.
Dome tie.
Forestry Congress hears attacks on National
Congress and proposes many changes in
laws. Page 9.
Wealthy woman goes to Europe to avoid tev
tlfylng In Dodge-Morse scandal. Page D.
Pacific Coast
Washington Lewis and Clark Fair Commission
will asic legislature iur u,uw. .rage o.
Suit brought In Circuit Court at The Dalles
may settle validity of the liquor law.
Page 5.
Oregon State Land Board reports favorably on
Irrigation project In Crook County. Page 0,
Commercial and Marine.
Heavr merchandise buying assured In " near
future. Page J3.
Chicago wheat market strong and higher.
Page IX
Improvement In San Francisco potato market.
Page 13.
Light Investment demand for stocks. Page 13.
Steamer Olympla will carry Russian supplies
tram Portland. Page 12.
Two French ships to leave port In ballast.
Page 12.
Portland and Vicinity.
Oregon delegates will complain to National
Livestock Association of Government cattle
and sheep Inspection. Page &
E. "V. Rtner strikes J. M. Long In Mayor's
office. Page 14.
Land-fraud cases will be resumed Tuesday
following Prosecutor Heney's return yes
terday. Page 8.
Executive Board gives W. C Elliott a Job at
7150 a month. Page 3.
Without appropriation for river and harbor
Improvements, work will be delayed and
commerce suffer. Page 8.
Fish' and Game Association recommend that
no sane be M at ay tine. Pare 8. '
WILLING 10 HELP
Bryan Indorses Some
of Roosevelt's Acts.
AS TO RAILROAD CONTROL
He Cails on Democrats to Sup
port President
FOR PUBLIC OWNERSHIP
Leader Proposes Government Run
Trunk Lines of Railroads and
States Run Local Lines to
Avoid Centralization.
MEMPHIS, Tenn., Jan. 6. A banquet at
which 400 covera were spread was ten
dered W. J. Bryan tonight by the Jack
son Club at Memphis. Mr. Bryan was In
troduced as the next President of the
United States. His subject was, "AVatch-
man. What of the Night?"
After speaking of the causes which in
part contributed to the recent defeat of
the Democratic party, Mr. Bryan said
the platform adopted at Kansas City ex
pressed the views of more' Democrats
than any platform adopted since. He
praised several recommendations made by
President Roosevelt, and spoke of him as
doing mapy good things. Mr. Bryan
closed as follows:
"Just now, President Roosevelt gives
promise of beginning a reform move
ment. He recommends legislation which
will Inform the public In regard to the
campaign contribution. This Is a far.
reaching recommendation and should re
ceive the fullest support of every Demo
crat. He also recommends an enlarge
ment of the scope of the- Interstate Com
merce law. This, too, la a step in the
right direction, and he should receive
the support of all Democrats In any ef
fort which he makes to bring the rail
roads under strict control.
"If the President, with, the aid of the
Democrats, accomplishes any reform, the
public will secure, the benefit of It; if,
even with the JDenfocratiC aW, he faila
te educational worfc-vVhTcb 3w dovs? .will
hefp the Democratic party in' future con
tests.
"In municipal affairs the Democrats
are, as they should be, quite unanimous
In favor of municipal ownership of all
municipal franchises, and our party must
face the fact that a failure properly to
regulate the railroads will compel the
public ownership -of the railroads. If
the Federal Government operates only
the trunk lines, leaving the states to
operate tho network of local lines, we can
have public ownership without central--
(ration, and. as I believe, without danger
to any public interests."
BENNETT CASE TO BE TRIED
Bryan's Suit for Construction of Will
Not Delayed for Him.
NEW HAVEN, Conn., Jan. 6. The trial
of the suit of W. J. Bryan, executor of
the will of H. S. Bennett, against Delia
Bigelow and other heirs, was set for next
Tuesday in the Superior Court by Judge
Robinson today, in spite of a protest by
Henry G. Newton, counsel for Mr. Bryan.
This suit has for its object the construc
tion of the will. The case was In court
today on arguments on the admission of
certain testimony.
A telegram from Mr. Bryan, which was
read In court, said he would attend the
Inaugural ceremony of Governor Folk, of
Missouri, next Wednesday, and would bo
at the Jackson dinner at LaFayette. Ind.,
on Tuesday, and reach New Haven on
Thursday.
Judge Stoddart, counsel for the heir?,
told the court that he did not think the
case should be delayed while "Mr.
Bryan Is In the Middle West shooting
ducks or making speeches, or both."
REBELS "URGE RESISTANCE.
Geneva the Headquarters of Revolu
tion Now Being Organized.
SPECIAL CABLE.
LONDON, Jan. 6. The Geneva corre
spondent of the London Dally Express
says that Russian revolutionists are bus
ily engaged in Geneva In preparing mat
ter for pamphlets which they will circu
late In Russia. These pamphlets advise
reservists and others who have been
drafted to refuse to serve with the army
In the Far East and to resist the de
mands of the recruiting officers.
Nine of the most prominent revolution
ary leaders are planning a great campaign
through Russia, and they declare that a
general revolt will occur in a few weeks
In Moscow, Warsaw, Kieff and St- Pet
ersburg.
PEACE WOULD BE DISGRACE
Noted Russian Editor Advises Nation
to Fight to End.
ST. PETERSBURG, Jan. 6. Regarding
the peace talk abroad. M. Souvorin, editor
of the Novoe vremya. In a signed article
In that paper today, passionately declares
that the voice of the nation should give
an answer that the world might under
stand, once lor all, Russia's position. The
Emperor, he added, should consult with
representatives of the land as his prede
cessors did before the days of John the
Terrible. While papers abroad now say
that peace should be concluded without
dishonor. If peace were made they would
declare it dlsgracefuL
What the people want he (M. Souvorin)
cannot affirm, but the Idea of ending the
war at this Juncture Is abhorrent to him,
and be believes to tne Russian people. If
.the inscriptions on the banners of dem
onstrators, and the action of some of the
Zcmstvos in favor of peace represented
the voice of the nation, it would mean
the collapse of all of Russia's aspirations
and farewell to her position In the Far
East and her dreams of an open road
to the sea. It would mean the creation
of a yellqw. peril la Asia which would
threaten civilization, and mean Russia's
retirement into her Muscovite shell and
the disappearance from the stage of this
great power.
The army.- M. Souvorin further- say3,
holds the honor and fate of Russia In Its
hands. M. Souvorin then reviews, sor
rowfully, the record of bitter humiliations
suffered thus far, and the chances for the
future.
In concluding, he declares the govern
menf must decide and weigh well the
consequences, but the editor insists the
people must be united, as "disunion, riots
and revolution mean the downfall of the.
fatherland."
NOT RIPE FOR CONSTITUTION
Prince Hilkoff Advises Russia to Take
Liberty, by Installments.
ST. PETERSBURG, Jan. 6. It Is sig
nificant that Prince Hllkoff, Minister
of Railroads, comes to the defense of
the government's programme in a long
Interview upon the internal situation.
In -which he deprecates the agitation
which is stirring the country, and ap
peals to his countrymen to consider
calmly and soberly the general inter
ests of the country as citizens, and not
as enemies. He Insists that the Em
peror is striving earnestly to accom
plish the reforms which the country
needs, but the questions involved arn
too vital to permit of a solution in the
haste of passion. Despite the different
conceptions of what is required, Prlncfe
nuKOE expresses tne nrm conviction
that the reforms promised in the Im
perial manifesto open a wide horizon
by extending the Independence of
Zemstvos.and municipal and social in
stitutions, thus meeting the present
requirements.
"I -know that many people believe
we need a constitution," the Minister
continued, "but to my mind this is
premature. The conditions are not
ripe. It certainly would be a mistake
to borrow a constitution from abroad
at present. A long residence in con
stitutional countries has convinced me
that they do not ever correspond to
the requirements of the country, and
especially that a constitution would
not meet the conditions in Russia,
where the people are In various stages
of development and the vast majority
without even elementary education.
"The nation al30 suffers from dis
tinctions of caste, which Is one of the
greatest obstacles to the introduction
of a constitution, while many nation
alities Poles, Finns, Jews, Circassians
and Armenians have, had created for
them special laws. What we need first
of all is the equality of all citizens,
such as the Emperor proposes. When
this Is assured, the other requirements
and the eventual form of government
will become clear.
CHRISTMAS IN ST. PETERSBURG
Gay Throngs Out Shopping, Oblivious
of Military Disaster.
ST. PETERSBURG. Jan. 6. This is the
Russian Christmas eve. The streets have
been filled all day with crowds of shop
pers uiil the markets, overflowing: their..
Jaistomarv bouncki:fll!e nrHolnlne- ttrff .
with booths and stalls, where every va
riety of Christmas trees were piled high.
Apparently the fall of Port Arthur had
little effect on the Christmas crowds.
Promptly at midnight everything closed
and the city became instantly dark and
the streets were deserted, but really for
a renewal of tho holiday festivities to
morrow. A great service In honor of the dead of
Port Arthur will be held In the- Kazan Ca
thedral on Sunday.
COSSACKS KILL STRIKERS.
Bloodshed Results From Labor Con
flict at Baku.
BAKU, Caucasus, Jan. 6. An en
counter between strikers and Cossacks
took place at Balakhany, Trans-Cau
casta, yesterday. Six strikers and one
Cossack were killed and many persons
were wounded.
NO BALL FOR HAH PATTERSON
Actress Becomes Hysterical at News,
and Weeps on Father's Neck.
NEW YORK. Jan. 6. Justice Green
baum, of the New York State Supreme
Court, today denied the application of Nan
Pattereor for bail, pending a new trial on
the charge of the murder of Caesar
Young.
Miss Patterson became hysterical this
afternoon when Abraham Levy, her coun
sel, went to the Tombs and informed her
of Justice Greenbaum's decision. Later,
when her father visited her, an affecting
scene took place. The youngwoman tried
to restrain her emotion, but finally threw
her arms about her father's neck and
burst Into tears again. He, too, was
overcome and suddenly collapsed, and It
was necessary to send him home in a cab,
SNOW SMOTHERS PITTSBURG.
Two Men, Blinded by It, Are Killed
by Train.
PITTSBURG, Jan. 6. The storm that
prevailed over Pittsburg today was the
most severe of the season. The fall of
snow for the 24 hours ending- at
o'clock was equal to 0.73 of an inch of
rain, or about six inches of snow on tho
leveL
Two deaths are traceable to tho
storm, Louis Klndel, a coachman, and
Henry Kureflnke, a carpenter, because
of the blinding snow, failed to see an
approaching train and were killed in
stantly.
SNOWBOUND FOR ,TW0 DAYS
Passengers on Novia Scotia Train
Suffer From Cold and Hunger.
HALIFAX. N. S., Jan. 6. A Nova Sco
tia Central train which left Bridgewater
on Tuesday, arrived today after having
been snowbound at Alpena tor 48 nours.
during which time 300 passengers suf
fered Intensely from cold and hunger.
INVADING ARjJIY OF
PEACE,
Passengers Arriving at New
From Abroad in 1904.
York
NEW YORK, Jan. 6. During the last
year 572,978 steerage passengers arrived
at New York. During the same time
there were 68,704 cabin passengers, while
S3.6S3 came, in the second cabin.
Sugar-Beet Bounty Law Invalid
LINCOLN. Neb., Jan. 6. The Supreme
Court of Nebraska has declared uncon
stitutional the sugar-beet bounty law en
acted at the Legislative session of 1895.
The law provides a bounty on sugar man
ufactured from Nebraska-grown, boots.
EEFTRUSTIS UP
Supreme Court Hear? ,
Arguments on It
PLEA OF ITS LAWYERS
They Deny Trust Carries on
Interstate Commerce,
ANSWER OF- GOVERNMENT
Attorney-General Says All Charges
Combine' to Make One Justice
Holmes Says He Is Holder of
Stocks in Companies.
WASHINGTON, Jan. 6. Arguments, in
the case of Swift & Co. against the Uni
ted States, known as the beef trust con
spiracy case, was begun before the Su
preme Court of the United States today
by Attorney John S. Miller, of Chicago,
in behalf of the packers. He attacked the
bill of the Government a3 InsuftTcient, In
Its failure to allege facts necessary to
constitute a cause of action, and said
that the charges made were not facts, but
conclusions of law; thut the commerce
charged wa3 not interstate or foreign
commerce, and that even if It were inter
state commerce, these facts given consti
tute no violence of law.
He contended that the United States
presented an Interference In business such
as never before had been undertaken. The
charges, he said, were of the most gen
eral character, and did not specify time
and place. He did not beueve, therefore,
that the charges could stand at all. and
he quoted the indictments In the whisky
case to show that charges much more
specific than were here made had been
regarded as Insufficient.
Regulation of Commerce.
Mr. Miller said that If the packing In
dustry could be Interfered with as pro
posed in this ase, the manufacturing- In
dustries could be similarly regulated.
,"ahd thus you will find;" he added, "the
I Federal courts regulating a considerable
part of the commerce of-tho country."'
He contended-, that there- was no inter
state commerce involved, because the bus
iness of the packers, including the pur
chase of cattle and the sale of-meat, was
confined entirely to Chicago.
Explaining the economic situation, Mr.
Miller said the demand for fresh meat
was fairly uncertain. Owing to the ne
cessity for maintaining a proper supply
of an acceptable article, he saldV there
should be some understanding among the
packers. This was, he said, perfectly le
gitimate, and the Government itself might
properly assume this supervision. Tho
cattle supply was not so regular as the
demand, and to this fact Mr. Miller at
tributed the fluctuation in prices.
All Charges Are One.
When Mr. Miller concluded, Attorney
General Moody began. It was idle, he
said,' to discuss the contention that the
charges of the bill are not connected ono
with another. Be that, he added, as It
may, the purpose of the suit was single,
and all the separate parts of the bill
were Interdependent for the accomplish
ment of that end. He also maintained
the constitutionality of the bill, asking
for discovery of the books of the pack
ers. Mr. Moody had scarcely begun when the
court adjourned until Monday.
At the beginning of Mr. Miller's presen
tation of the case he was Interrupted by
Justice Holmes, who said that he held
stock In the Union Stockyards in Chi
cago, and also In the Kansas City yards,
and inquired If they were involved in the
case. Mr. Miller replied that they were
not.
SAYS BRIBERY IS RIFE.
Governor Durbin Urges Need of Re
form-Legislators' Virtue in Danger.
INDIANAPOLIS, Jan. 6. Wlnfred T.
Durbln, retiring Governor of Indiana,
in his annual message to tho Legisla
ture today, said concerning political
corruption:
The time has come for the application of
drastic remedial measures to the plague of
corruption which is fastening Itself upon our
politics. We have in Indiana advanced leg
islation for the protection of purity of the
ballot, but the statistics ot political de
bauchery in this state for 1004, if It were
possible to present them, would be nothing
short of astounding. I am informed by un
questioned authority that in a single coun
ty in Indiana casting in 1902 a little more
than 5000 votes there were in the last cam
paign nearly 1200 voters regularly listed
as purchasable, and that $15,000 raised by
assessment from the candidates and other
wise was spent by the contending political
parties in the effort to control the county.
Instances have come to my attention dur
ing the past few years in contests for town
ship trustees where votes have brought $25
and $30 each.
Our present need is legislation framed in
the light of a clearer conception of the
enormity ot the offense Involved in the pur
chase or sale of a vote. Our present stat
ute Is farcical, as it places no penalty on
the vote buyer. I believe consideration
should begin as to the advisability of re
quiring, the gradual introduction of voting
machines.
As a parting warning to the Legisla
ture, the Governor said:
If reports current can be credited this
session ot the , legislature will be called
upon to resist the Importunities of the most
corrupt professional lobby that has visited
Itself upon any General Assembly In the his
tory of the state. Already the names of
members, of the General Assembly are being
used, and the necessity of large sums of
money to prevent needed Igislatlon or to
pass questionable measures Is being urged.
McCormick Again oh Duty.
ST. PETERSBURG, Jan. 6. Ambassa-
I dor McCormick arrived here todav from
his visit to the United States aaa re
lsumed his duties.