r 'in
mm (Shspiww.
PORTLAND, OREGON, THURSDAY, APRIL 5, 1906.
PRICE FIVE CENTS.
PUN OF BUTTLE
NT
1
loliva Plans to Have Apostle
Arrested on Reaching
Chicago.
HAS HIS LOVE LETTERS
trophet Called Swiss Heiress Little
Lump of Gold Zlon Spilt Into
Factions, and Another Rev
olution May Come.
ZION CITY. 111.. April 4.-(Special.)
Keep away from Zion City, Mr. Dowie;
stay where you are and avoid trouble.
Wo have the documentary evidence
B gainst you."
Such Is the substance ot messages sent
to the First Apostle from officials at Zion
City tonight. An effort Is being made In
this manner to avoid the scenes and con
Bcquences which will surely result If John
Alexander Dowie carries out his declared
Intention to return to Zion and give battle
lo regain the power from which he has
been ousted. Complete plans have been
r creed upon by the overseers as to the
methods to be pursued In the event of
DowKs arrival In Zion. but Overseer Vo
llva and the others declined to go into de
tails as to -what will be done.
"We cannot make public our plans."
paid Mr. Vollva. "but we are fully pre
pared for any eventuality."
Arrest Dowie for Fraud.
Eighty-four charges of obtaining money
by false pretenses will be preferred
fcgainst Dowie. according to present plans.
Investors In land and stock In Zion City
bave been canvassed and that number of
persons who are willing to proceed against
lilm was found, it is piannea to nave
him arrested In Chicago, it Is declared.
Immediately on his arrival there next
(week, and before he has had an opportu
Wty to go to Zion City.
Apostle's Love Letters.
"Iovelctters of an Apostle" is the title
tit the latest volume added to Zlon City's
library of ncandal. The volume lias not
pot been published, and perhaps never
Kvlll be. but today two or tlic letters, icr
aid with the peculiar style of emotion
Dowic affected. were given out. These,
with 40 others which the head of the
Christian Catholic Church wrote to Ruth
llofer, the reputed heiress from Switzer
land, are In the possession of Gladstone
JDowio. They will be produced as a fea
ture, and a striking one. of the great war
fare promised on Dowic's arrival In his
former realm.
"Mv little lump of gold." was the title
Hie elderly swain bestowed on the young
woman who Is now the subject of much
gossip In Zlon. ,
Thrco Factions In Zlon.
The opinion rapidly is crystallizing that
when tho deposed head of theocracy and
Industry arrives in Zlon City next Tues
day he will find that all ZIon's allegiance
is divided into three parts. Under the
banner of Mr. Vollva is the chief force.
There still are some In the city who make
tio secret of their belief that Dr. Dowlo
was the victim of a great conspiracy and
who need only tho sound of the former
leader's vituperatlvo voice, as he lashes
his enemies, to rally around the "proph
et for a struggle to restore his domin
ion In the hierarchy.
May Change Entire Policy.
A pronounced "passive" clement In the
City has developed a secret dislike for the
continuation of any form of Dowie rule
end is ready to denounce the "Vollvans."
This clement, the deacons admitted today.
Is to be feared, as It may precipitate a
revolution that will sweep "Vollvans"
und "Original Dowlcitcs" from the ad
ministration and dictate a new and
broader policy, a change of overseers and
deacons, and new faces in every active
position in the community.
3UAY MAKE VOLIVA RECEIVER
Xowlcs Enemies rreparc Vigorous
Measures for Ills Return.
' CHICAGO. April It was decided
today by Overseer Vollva. of Zlon City,
that, in viow of the announced return
of John Alexander Dowie from Mexico
nd his doclared intention of making
n. fight against tho action suspending
him from office, the present overseer
phall be appointed receiver of the
Church of Zion and of all of the prop
erty standing In the name of the
church. The courts will probably bo
asked to name Mr. Vollva as receiver
within the next few days.
Jt was also asserted by the officers
of Zion City that. If Dowie returns and
commences legal action against the
present officers of the church, or at
tempts to oust them, they will cause
his arrest and prosecution on the
charge of misuse of funds.
Mr. Vollva today, acting under the pow
er of attorney he holds from Dowie.
filed In the office of the County Record
er of Lake County an assignment to
Deacon Alexander Grainger of all the
annuities and bequests that have been
made to Dowie and are still unpaid.
A message was today received by Mr.
Grainger from Dowie, reading as follows:
"You are hereby removed from your of
flee as general financial manager, and all
ff your offices. I warn you. should you
UBceriaxe to exercise any authority as
financial manager. It will be regarded as
criminal."
Mr. Grainger, after reading the mes
sage, declared that he would pay no at
tention to It. but would continue to dis
charge his duties as financial manager of
Zlon City.
Jar. Vollva and other officers of
Zion City today called upon Deacon Wil
hlte. the newly appointed representative
of Dowie. who was named yesterday as
Vollva's successor In a message sent by
Mr. Dowie from Mexico, to say whether
he proposed to act with them or in behalf
of Cowie. He refused positively to say
whether or not he will endeavor to regain
possession of Zlon City and Zlon Church
for Dowie. He. however, sent a message
to Dowie as follows:
"Am advised that telegraphic powers of
attorney are not effective. Titles to all
real and personal property -passed on Mon
day. Instruments conveying the same cx
ecuted by your attorneys In favor of
Grainger. Am powerless to assume con
trol. Recommend that you stay there and
consider particulars and full report from
me before you return. Feeling very
strong against you here. Wire reply."
DOWJE'S LAWYER LEAVES HIM
Refuses to Cancel Vollva's Powers
and Advises Surrender.
CHICAGO. April . Deacon V. V
Barnes. Dowie's general counsel, has sent
a telegram, refusing to act on his Instrur
tions to cancel Mr. Vollva's power of at
torney and install Instead Fielding H.
WHhlttc. Mr. Barnes message follows-
Tour state of health Ig bad for the proper
protection of our rights. Everything trans-
fcrred to Grainier. Deed have been duly
executed and placed on record. Will not act
on your Instruction. Am acting In the In
terents of Zlon. Believe it. will be to your
Interest to confirm the agreement- There
will be sufficient evidence. Have docu
mentary evidence.
Members of the Zion Church in Switzer
land In a cablegram today indorsed Mr,
Vollva and the action that has been taken
against Dowie.
At the meeting in the tabernacle tonight
Judge Barnes, who was the principal
speaker, declared that final judgment had
not been passed on Dowie. and that no
man should be condemned until he had a
full hearing. He declared that what had
been done was absolutely necessary to the
Interests of Zion and Its people, and was
for the protection of stockholders and
creditors as well as for the good name
of Dowie.
"Dowie," said Judge Barnes, "has. In
my opinion, not been removed, but mere
ly suspended In order that he might not
Interfere with matters made absolutely
necessary by the exigencies of the case"
Howie at Mexico City Today.
CITY OF MEXICO. April 4.-Word was
received from Ocotlan today that John
Alexander Dowie expects to reach this
city tomorrow on hie way to Chicago.
Ho declined to add anything to his state
ment given out last night, but &ald that
he might have something to say before
his departure from this city.
CHAMPION COWBOY DEAD
Duncan Clack Accidentally Shol fey
Huutlng Companion.
' DENVER. April 4. A Republican spe
cial from Cheyenne. Wyo.. say thnt
Duncan Clark, for many years holder of
the title of champion steer-roper of the
world, was accidentally killed today while
hunting with two friends. Tl3 three were
crawling along the ground toward a herd
of antelope when a gun carried by the
man immediately behind Clark was dis
charged. The charge entered Clark's
body, causing instant death.
Clark was also famous as a broncho-
buster and participated In all the Frontier
day contests In Cheyenne.
CONTENTS TODAY'S PAPER
The 'Weather.
TESTEn.DA.VS Maximum temperature. 74
des;.; minimum. 42. precipitation, none.
TODAVS Fair. Northerly winds.
Foreign.
nuKKlan Radlrals Jubilant at victory in elec
tion!, rase 3.
Negotiations for Russian loan In Faris.
Pago 5.
China refuse Russia concessions In Man
churia. Pace 5.
Germany claims victory at Morocco con
ference, l'agre. 7.
Another man escapes alive from Courrteres
mines and rescuers will be tried. Pace .
Irish Nationalists quarrel with Bryce.
Pae I-
FiUgeald accuses Roosevelt of encroaching
on powers of Congress. Page
Newlands advocatei building- or National
railroad. Page 2.
Collector 'Ide, has fight for reappointment.
Pile opposing- him. Page Z.
Secretary Root will tour South America.
Pace 1.
Politic.
Secretary Tft vpeuk at Tutkeitce on prog
ress or negroes. Page .
Mayor Weaver exposes attempted steal by
uurnim gang. Page a.
Republicans tn Congress elect campaign
committee, rage 3.
Iometlc
Paul Nocquet. -the aeronaut and sculptor.
drownea while hauooning. page l.
Vollva prepares -to hare Iowle arrested;
uowie issues order?, which are ignored,
rage I.
Anthracite miners consider concessions.
which may end strike, rage l.
Disorder breaks out at mines In Pennsyl
vania, rage l.
Fight against Karriman for control of tVells-
Fargo Express. Page .
Sport.
National tournament of amateur boxers in
progress at San Francisco. Page T.
Pacific Coast.
Master of imprisoned whaler writes of out
look for .225 men In the Far North,
rage a.
Seattle flre-flghtlng equipment scored by
cemmmee irom national Board or Un
derwriters. Page C
Survey of the Chicago. Milwaukee & St.
raui near Garfield. Wash. Page 6.
Sonoma County. California, hopmen to In
sure ineir own crop, rage c.
Portland and VlcfaKy..
County tickets for primary election are now
compiets. rage 10.
Woman suffragists hold conference at White
xempie. rage id.
Lleutenint-Colone T. F. Eckerson. Oregon
-pioneer, aeao. rage !
Big fire In North End; loss JlfwOO. Page 14.
Council votes down paving monopoly. Pace l.
Maegly Junction row breaks out again in
courts, rage 11.
Owl saloon poolsellers acosltted of main
taining culs&nce. Pago 11.
Commercial aae Mariae.
Wool buyers and sellers In this state still
apart. Page 15.
Chicago wheat market strong and higher.
rage jo.
Call money Hurry checks rise In stocks.
rage 33.
All kinds of livestock firm la local market.
Pag 15.
Steamer Kelvtatea.nk chartered to bring
cargo ei cemsat inm Aaiwerp to Port
land. Page 14.
Brltlsa ship Srabtoca caarterta to load
waeax lor me ua-itee kishm. Page 14.
San Francisco steamers delayed by ftrofig
aerta westerly wlaaa. Page 14.
Sailers, pi .fearkt! Kttsi& fertcg vglr
aa ttiwH aypcc rags it.
MINERS PH
TO CHANGE TERMS
Scale Committee Considers
Concessions in Hard
Coal Contest.
NEW HOPE OF AGREEMENT
Another Conference Today First
nifturbanccs in Pennsylvania
Both Hast and West Con
lest With Dolan Delays.
NEW YORK. April 4. It was the gen
cral belief tonight of those who are close,
ly watching the situation about the an
thraclte miners headquarter In this city
that the miners have dcllnitcly decided to
modify their demands, and will present
them 10 the operators, probably tomor
row.
Some of the members of the committee
privately admitted before coming to New
York for the present negotiations that the
original demands were greater than the
miners really expected to get. and that
the leaders could afford to trim them
down and still leave the mincworkcrs
enough to be satisfied.
Concessions Likely to Be Made.
It Is believed that If the operators will
meet the men half-way on sonic of the
demands they have made, such as the re
construction of the conciliation board, an
eight-hour day and an Increase In pay for
some classes of labor, the miners will
seriously consider the proposition of 7X"
ncwlng the commission's award for more
than one year. The miners have asserted
that they would not bind themselves to
an agreement for three years.
Trepanations for another meeting to
morrow between tho subcommittee repre
senting the anthracite miners and opera
tors kept the scale committee of miners
busy today. Two long sessions were held.
but beyond the following statement by
President Mitchell, no Information was
given out:
ncferrcd to .Sub-Committee
The cnmmltlee aanoinlerf tnv the StiamnVIn
convention met at the Ashland House today
and had under consideration the oenamunl-
cstlon from th Governor of Pennmirsnla
and the offer of the anthracite coal oper
ators, to rnew and continue for three jmh
the award of the anthracite nui atrtv
commission. It vu decided that the matter
of further negotiations and the proportion
or the anthracite, miners be referred to the
subcommittee appointed by the general com
mittee, and that a further meetlnr nf the
general committee be held tomorrow mt a
A. il.
All the district leaders received reports
from the anthracite fields during the day
and ex'enlng. and, notwithstanding reports
that more coal was mined today than yes
terday or Monday, they declared the sit
uation was entirely satisfactory to them.
Mr. Mitchell Is devoting almost as much
time to the situation in the bituminous
llelds as he Is to the hard coal radons.
Ho is hourly in receipt of telegrams from
his lieutenants and from oiI operators
in the West.
Glad Roosevelt Stayed Out.
When Mr. Mitchell was Informed that
President Roosevelt liad declined to Inter
fere with the soft coal troubles, he showed
great Interest and inquired If the text of
the President's communication had been
made public. He refused to comment on
the President' action, but plainly showed
he was much gratified at the stand the
President has taken.
HE DBCLINES TO INTERFERE
President IlcfuKcs lo Appoint Com
mission on Strike.
WASHINGTON. April 4.-IL is stated at
the White House that the President has
made a reply to the telegram received
from the coal operators and that while
the text will not be made public, there Is
authority for the statement that the Pres
ident has decided not to Interfere as long
as conditions remain as they now arc.
COLUMBUS, O.. April t.-John IL Win
der, president of the Ohio Operators As
sociation, today gave out part of a letter
he ha received from President Roose
velt, In which the President answers the
request that a commission be appointed
by him to settle the miners' strike. The
President said:
"To appoint a committee to meet with
the miners and operators, as you request,
would necessitate action on the part of
Congress. As yet I am not prepared to
say what action I personally will or can
take in tho matter."
HARD COAL MIXERS irOPEFCL
Picketing Begins at 3IInc& and Sev
eral Distarbanccs Occur.
PHILADELPHIA, April 4.-In anticipa
tion that a satisfactory arrangement will
be made by the operators and miners
representatives when they again meet in
conference today in New York, hope pre
vails throughout the anthracite region. Un
like the years 1K0 and 19CC, when both
strikes were preceded by pronounced agi
tation, the mlneworkers appear to believe
that when the conferees finish their de
liberations they will have adopted a plan
which. IC it docs not comply with all the
demands- of the mlneworkers, will at least
grant concesatons resulting in a resump
tion of mining operatonsl While hopeful
of peace, however, the miners are pre
parl&g for war, as Is evidenced by the
fact that picketing has Become general
throughout the region. In many cases
ea ob their way to the salaes were
stepped by the pickets tsday and com
pelled to prove that they were exempted
In President Mitchell's order swpeading
work. At YaksviUe. Bear Wl&wtarre, a
number of pumpmen employed at the
Kernwood colliery ot the Pennsylvania
Coal Company we're attacked by foreign
er, which resulted in a call for the state
police. No arrests were made.
In the upper region the companies are
exerting every effort to operate their
waehcries. Some progress has been made
In the vicinity of Scranton. where a num
bcr of washctiex were worked. At Moca-
noqua a crowd of Italian mine laborers
prevented the operation of the washery
of the West End Coal Company.
The Philadelphia &. Reading Coal &. Iron
Company today received at Its office In
this city the ft ret reports dealing with
disturbances in Jhc Schuylkill region.
where the company collieries are located.
These reports contained Information that
a miners train at MlnersvHIc had been
partly destroyed by tire during 'the night;
that the Burnskle breaker at Shaxnokln
had been rtoncd by breaker-boys and that
a stick of dynamite was found beneath the
wheel of a cabin car which stood on a
sidlnc at an ash pit.
CONTEST DELAYS RESUMPTION
Connielln; Orders IJctwccn Factious
In IMfC-burs District.
PITTSBURG. April -Notwithstanding
the fact that the Plttsburc.Coal Company
has signed the scale demanded by the min
ers and the announcement that the men
would return to work at once, not more
than half of that company's operation
are under way. This. It was said tonight.
was .due to conflicting orders that had
been sent out by the contesting officers of
the local district. In which there lias been
a factional fight. Patrick Dolan. wlio Is
one of the contesting officers, and who.
wa charged with holding back the min
ers from returning to work, denies that
he seat out any orders restraining tho
miners and advises them to return to
work at once
An Independent operator who has been
present at the meetings ot this district-
and was one of the charter members of
the organization formed last night said to
night:
"It will be all over in a week. If the
Pittsburg Coal Company gets all its men
back to work by next week there will be
nothing left for the independents to do
but sign the scale."
It was the general sentiment tonlzht
that between the order sent out bv the
local district yesterday ordering the men
to return to work and the statement Is-
Micd by Dolan. the men in the Pittsburg
district will return to work at once.
The Pittsburg &. Southwestern Coal
Company .added its signature to the scale
this aflcrnoun.
STRIKERS FIGHTING GUARDS
Continuous Fusillade and Stone
Throwing: at Irwin Mines,
ininv r-, inri 1 1 -. i ....
. - -.. MPffb tlf,llb
one of disotller and terror at Ednn mine
No. r, of the Ponn Gas Coal Company,
wjirrc several nundretl men are on
Ftrlke for recognition of the union.
The strikers all seemed to be armed,
nnd frntn Aarr until 4..if:., . i
. " ....... 4tL tUUllli'
nous fusillade was kept up. Fortunate
ly, no one was injured.
It is ronRlf!ervl nnri tn .. ......
strike-breakers, and trouble Is feared
ji an attempt is made to do so.
Thcro -was a clash tonight between
the guards of the Pcnn Gas Coal Com
pany and a. crotrrt nf ISA In -n.nl,..
Lieutenant Rhodes, of the guards, was
siructc on mo nead wito. a stone. The
coal comnanv ItnmixllalMv V,nA
guard sworn in. The guards have been
iMiruiuns- me rauroaa to Keep the
Strikers frntn mnlu.1 Inc t .
work. Another clash occurred tonight
OTiwccn guara ana the crowd. In
which stones were thrown.
REPLIES TO PENNYPACKER
l
Mitchell Promises Every Effort to
Reach Agreement.
NEW YORK. Anrll 4. (Sneclnl.T In
reply to a letter from Governor Penny
packer, of Pennsylvania, asking that
the miners do everything to avoid a
tie-up of the anthracite fields, Prcsi-
Cboctuded oa rago -t.)
NOTKD PROHIBITION WORKER
WILL SCOX VISIT PORTLAND.
John G. iroetiey.
John Granville Woollcy. at one
time State's Attorney for Minne
sota and a candidate for President
or the United States In lSO on the
Prohibition ticket, will arrive In
Portland next week to confer with
local Prohibitionists.
Woollcy arrived In San Francisco
on the Siberia last Friday, after an
absence of a year, durirur which he
has visited many countries. Lead
ing men of New Zealand Invited
him to help them In their temper
ance campaign during a recent elec
tion, and in response he addressed
IS mass meetings, in China, and
Japan be received a cordial wel
come, and at tke request of emi
nent statesmen of those lands be
spoke at several great meetiags oa
the temperaace caase. Ms speeches
belag interpreted mto the Mil re
leagues.
mBPmmmmB
itl
DOWN IB OUT
Council Passes Ordinance Al
lowing Competition in
Paving Jobs.
HOT WORDS IN DEBATE
Councilman Wills Attacks Pending
Measure, and Is Answered by
Dan Malarkcv. Attorney for
the Asphalt Company.
ORDINANCE PA5SKD BY COUNCIL
AllOUSHING r.VVlNG MO
NOTOLY. By a vote of 10 to after a heated
dUcuMlon eh the floor of the Cham
ber lantlng nearly two hour?, the
Council last night pasted the ordi
nance granting the Barber Aphalt
Taxing Company the right to com- f
pete with thft Warren Construction
Company fer street pa,Tlmr contract
under specifications calling- for the
bituminous macadam paving ma
terials. The vote on the final passage of
the ordinance stood; Arcs Annand,
Beldlng. Bennett. Gray. Kcltaher.
yianers. Preston. Ttushllght. Sharkey,
Wallace 10. Noes Dunning. 3tene
fee. Shepherd. Vaughn and Wills 5.
Shepherd, who arrived late, and con
sequently bad no opportunity for be
coming properly acquainted with the
provisions of the ordinance. In ex
plaining Ms vote stated that under
any ether circumstances he would
prebabty vote for the measure, but
declined to act blindly.
The street-paving monopoly, which has
held Portland In Its grasp for years, was
finally broken at the Council meeting last
night by the passage of an ordinance
granting the Barber Asphalt Paving
Company the right, to compete In paving
contracts under specifications calling for
bituminous macadam. The measure will
probably be signed by Mayor Lane. and.
will operate to permit open competition
for hard-surface street paving contracts.
Debate on the measure was inaugurated
by Councilnian Vaughn, who suggested
that thn ordinance b? "referred to the Jo
dietary and election? committee. He
claimed that copies of the measure bad
not been furnished the members of the
body In time for them to understand Its
provisions, hence he was In no position
to vote Intelligently. He contended also
that there were a number of legal ques
tions Involved.
Councilman Kcltaher. in opposing
aughns motion, said that the matter
had been referred to the City Attorney,
Auditor and Engineer fully three weeks
ago. with power to draft an ordinance
covering all features of the situation.
and the one before the Council was the
result of their Joint efforts. He accused
Vaughn of not acting In good faith, say
ing the object of his motion was to kill
the ordinance. The City Attorney had
passed upon the legar phases Involved.
and Mr. Kcllahcr thought that ought to
oe sufficient guarantee of Its legality.
.t the councilman's request. City At
torney McNary asked Auditor Devlin to
read his written opinion upon the sub
ject, wherein he held that the ordinance
was in "proper form." In explanation of
his meaning. Mr. McNary contended that
the City Engineer had drafted the tech
nical specification features of the meas
ure, and that himself and City Auditor
Devlin had only been concerned in Its
legal phases.
Ho thought It likely that a suit In the
courts would be necessary to determine
Its legality absolutely, but so far as he
could sec, there was nothing illegal
about it.
Wills Attacks Asphalt.
ThlS did not suit Catineilman TV11W an.l
he Attacked the nrril nam. In a vtrfnt,
manner, also scoring the character of the
pavement laid by the Barber Asphalt
Paving Company. However, he was wlll-
ln- he said, to rnte fnr the r -.- e
any ordinance that did not infringe upon
patent rizhts and Involve the ettviin nti-
Cation. and Which rave thn rltv b mvul
a pavement as the kind put down by the
l.nrcii i-onsiruciion company.
After Councllmen Beldlng. Kellaher and
Sharkey had made atronsr
favor of the ordinance. Attorney Dan J.
Piirr Ine icsai representative of the
Barber Asnhalt Paving Com
corded the privilege of the floor to reply
u certain statements 01 air. wills.
Malarkey made no attempt to mince
matters. Tills Vas the xecnnii ttm
said, that he had heard Wills charge the
Barber Asphalt Paving Company with im
pertinence In darincr to bravo the rnwrn
of a monopoly, and he accused Wills of
uuiiit, nuininK out vote "no" at the street
committeda meeting that bad recom
mended the Dassare of tlif Anl!n.itim on
going direct from the committee meet
ing 10 tne oracc or the Warren Construc
tion Comnanr. Growing-
Attorney Malarkey said: "We are fight-
era, noi nxers. and some or the Council
men who are opposing this ordinance are
Standing? HI) for a. mnnnnnlir wdk .v..
bltolithlc brand stamped an over them.
uuuer existing ordinances, property-owners
cannot get any other smoothsurface
pavement than bltullthlc."
Attorney 3Ialarkcy Takes s Hand.
He referred to numerous efforts to Im
prove different streets of the city where
a -majority of the property-owners had
signed petitions asking for the Vlctoi-
brand of paving, but were shut out on ac
count of tne monopolistic features of ex
isting municipal regulations. After re
counting the history of the paving war.
In which he claimed the Barber people'
had patiently endeavored to seet evei-r
objection of the other side. wh-He the
effort of the Warren people -was to kill
time, and asserting that wllk? ted made
a report as a special cosasalttee of oae
which was written by BMy Davis, Ma
larkey exclaimed. vebeaMatly:
"I don't care what klsd ot pavesseat it
is. Mr. Wills; yoa've get ao right te abet
anybody owt of Portlaad. MsnopaMss are
set popator aero aowadays. Tats ordf-
aace does set laterfere with the bita-
fcKMc enKMKce. s why are the Warre
UMftr tlwariea here a4 j
PI Ml
all over the city and fighting In the open
against an ordinance that gives no one a
monopoly.
Wills replied rather hotly, asserting
that he was not afraid of either
Malarkey or The Oregonian edi
torials, which Tie charged were In
spired. Vaughn also resented the In
sinuation that ue was In any way con
trolled, by the bltullthlc people, and
reiterated a former statement that
when satisfied as to the legality of the
present ordinance, and that It assured
the city as good pavements as those
put down by the bltullthlc process, ho
would support It.
Attorney R. W .Montague was next
accorded the privilege of the floor as
the representative of the Warren Con
structlon Company, making an extend
ed argument against the adoption of
tne proposed ordinance.
Another Lawyer's Argument.
He asserted It was an Infringement upon
the Warren Construction Company's
brand, and hinted at trouble for the city
in the shape of litigation in case attempts
were made to let contracts under the pro
visions of the proposed ordinance
Malarkey ridiculed this contention, say
ing It was a bluff that had always been
put up by the bltullthlc people, but when
the City of Duluth had called their bluff
they had withdrawn their suits.
After a lot of filibustering tactics.
Kellaher's motion to adopt the report
of the streets committee was carried.
9 to 6. and a motion to put it upon Its
third reading and final passage also
prevailed. 10 to .
After the Barber paving ordinance
had been passed, the Council abruptly
adjourned, as it was then nearly " 11
o'clock, leaving much unfinished bus!
ncss on the table.
GQUNGIL SUSTAINS VETO
BAXFIELD-VEYSEY FUEL COM
PANY REFUSED FRANCHISE.
Mayor Upheld by a Majority of Two
Votes Market Franchise Passc'd.
Over Executive's Head.
The Mayor's veto of the Banfleld-Vey
sey Fuel Company's franchise was sua
taincd by the Council last night, after the
regular order of business had been set
aside so as to permit Councilman Shep
herd to be on hand and participate In
the proceedings. The vote to pass the
measure over executive disapproval re
sulted: Ayes Annand. Bennett. Gray.
Masters. Preston. Shepherd. Wallace and
Wills S. Noes Beldlng. Dunning. Kel
laher. Mcnefce, Rushlight. Sharkey and
vaughn 1.
At the last meeting of the Council both
Dunning and Kellaher voted to pass the
ordinance.
Mayor Lane's veto message giving rea
sons for not approving the Banfleld-Vey-
sey franchise was read, wherein he held
that the proposed measure was unusually
lavorable to the grantee and was too
loosely drawn. The proposed comnensa-
iion, 1 per cent, tin regarded as too small
a return to the city for the mivllesre of
supplying so wide a diversity ot serv
ice.
Councilman Annand roso to champion
the ordinance In the face of the veto, and
produced a bond for C5.000 approved by
tne uty Attorney and furnished by.'the
united states Fidelity & Guarantee G6m
pany. that the Banfleld-Veysey ConrMny
wouia comply wun certain requlremaits.
omitted from the original ord!nance3and
which were given by the Mayor as
sons for his veto Mr. Annand confr
also that 1 per cent ot the earnings
to the city would amount to from
L per cent of the gross camln
would be ample return to the city.
The veto message withholding exe
lve
approval from the ordinance defining the
fire limits stated that such a measure
would work 11 hardship en property-own
ers In tho district Included, which was
too extended. Tha Maor was also up
held- In this veto.
The ordinance granting the People's
Market Company a franchise to operate
on the market block at the corner of
Third and Market streets was passed over
the Mayors head by a vote of ten to
five. The veto message on the subject set
forth that the proposed ordinance so mod
ified the original measure as to entirely
change It.
Councilman Bennett urged that the city
was Jobbing the proprietors of the market
by allowing another market company to
operate on the East Side.
Mayor Lane's veto of the ordinance pro
viding a maximum fine of 323 for any
one bringing a dog into the City Hall, was
sustained by a vote of 9 to 5.
The Mayor's veto of the ordinance pro
viding for the purchase of a site for the
Brooklyn fare company was likewise
sustained.
An amended ordinance will be passed,
the Mayor's objection being technical.
WILL TOUH CONTINENT
ROOT WILL VISIT THE CAPITALS
OF SOUTH AMERTCA.
After Pan-American Conference, Sec
retary AVI 11 Circumnavigate
Southern Continent.
WASHINGTON. April 4. Secretary
Root has decided to accept the Invita
tions given him by the resident diplomatic
representatives of South American coun
tries to extend his projected trip to Rio
Janeiro so as to circumnavigate South
America and visit Buenos Ayres, Monte
video, Santiago de Chile and Lima. The
Secretary would like to Include the capi
tals of Colombia and Ecuador in his tour.
but press of time and the difficulty In
reaching Bogota and La Paz from the
seaports will prevent his doing so.
Mr. Root will be accompanied by Mrs.
Root and Miss Root and personal serv
ants only. He expects to come up the
west coast ot South America to Panama
And, crossing the Isthmus at that point,
to take 'ono of the Panama. Railroad
steamers fraai Colon to New York.
The trip will begin early In July, the
Charleston starting from New York or
Newport News, and will end about Oc
tober L
.Roosevelt Faaaily S carta Home.
HAVANA. AbtII 4. Mrs. RVMvetr
raled today ea soar the GoveraBsest
yaeJK. jtayaewec rec tae uaited States,
'having give up their lateaUea to visit
Porte Rica.
AERONAUT
N ATLASTIG TIDE
Descends on Sand in Darkness
and Vainly Strives
for. Life.
BODY FOUND ON MUDBANK
Tragic Fate of Paul Nocquet, Genius
as Sculptor and Enthusiastic
Balloonist Had Made -"
Figure of Hooscvclf,
NEW YORK. April -4. Death in the
waters of Bass Creek, a small stream
winding through the meadows along the
south shore of Long Island, between
Jones Beach and Amityville, ended the
daring balloon ascent yesterday of Paul
Nocquet, a French sculptor of note and
an enthusiastic amateur aeronaut. Tho'
body was found tonight on the muddy
shore of the creek, where the tide had left
it, and not a great distance from where
Nocquet's collapsed balloon was discov
ered late last night by the Hfcsavers of
Jones Beach.
Nocquet apparently landed safely with
his car, and, In lighting his way out of
the meadows in the darkness, had trav
ersed about two-fifths of tho distance
from Jones Beach to Amityville. several
miles, when he died. He had crossed
13 or 14 different islands and had swum
or waded through the runlets between
them.
Wonderful Struggle for Life.
That Nocquet traveled as far as lie did
Is considered wonderful. He must have
struggled the last mile of the two he
traveled under fearful difficulties. He es
sayed a trip that few men could pos
sibly complete in daylight.
The valve controlling tho ropes of the
balloon, when found. Indicated that the
descent had been started by Nocquet's
action, and that it must have been grad
ual. When Nocquet started on his flight yes
terday afternoon the wind was blowing
out to sea. This meant that unless he
should come down after- being up but a
short time having started from the
Bronx he would surely be blown across
' Long Island and out over the ocean. A
life-preserver was strapped Inside the
basket and the word to let go was given.
The balloon in Us flight passed over Ja
maica. Garden City, Wcstbury. Jericho
and Cold Springs Harbor. Then darkness
camo and shut It from view. What Its
course was after passing over Huntington
at about S:15 P. M. there is no means of
knowing. Nothing further was heard of
it until its discovery on Jones Beach to
day. Balloon Dragged in Sandi
Captain Justin, ot the Jones Beach life
saving station, who found the balloon,
reported this morning fhat it apparently
had been dragged along some distance in
the sand. Tracks about the balloon
semed to Indicate that the man had sur
vived hi3 flight. This fact gave tho
searchers courage throughout the day.
Captain George Smith, of Amityville,
who had Joined In the search early In the
day, located the body tonight on tho
muddy bank of Bass Creek, and made It
fast to a stake. It will be taken to Am
ityville tomorrow after having been
viewed by the Coroner.
Famous as Sculptor.
Paul Nocquet has made many daringly
successful attempts at aerial novlgation.
It Is not as an aeronaut alone that he
has attained distinction, however. He is
almost equally well known as an author,
sculptor and as an artist Wide atten
tion recently was attracted to his work
as a sculptor by a bronze figuro of Presi
dent Roosevelt, entitled, A Presidential
Vacation." This figure represents -tho
President dragging a bear bythe ear.
while In his right hand he holds aloft a
cub. Comment upon the figure was di
versified, but the efforts of the artist
pleased the President, who sent him a
complimentary letter.
Nocquet was born in Brussels, in 1S77,
and at the age of 11 studied painting un
der Jean Porteals. Soon afterward h
turned to sculpture, and at the age or
30 won the grand prize of Belgium, whlcn
gave him a three years" fellowship in
Paris. In Paris he also became Interested
in aeronautics, and before he came to
this country had come to be considered
one of the most daring members of the
Aero Club of France. Two years ago ho
planned an attempt to cross the Atlantic
Ocean in a balloon, but was deterred by
friends.
Among Nocquet's well-known works in
Sculpture are "Effort" and "Football
Players," which have been presented to
Columbia University. He was awarded
third prize for a bronze door for the
Naval Academy at Annapolis.
BRYCE OFFENDS IRELAND
Reappoints Obnoxious Land Com
missioners Against Protest.
LONDON. April 4. Trouble lias broken
OHt between James Bryce, chief secretary
for Ireland, and the Nationalist party.
The latter wanted the dismissal ot 27
temporary assistant land commissioners
appelated in 1303 for a term of .threo
years, which has Just expired. They al
most all were obnoxious to the Nation
alists because of belonging to the great
land-owning class, and the Nationalist!
hoped Mr. Bryce would replace them with
comTBlssioaers more Inclined to the Irish
wishes la. the administration of the .land
act. Mr. Bryce. however, accepted the
resignations of only eight of these men.
aad reappointed the others.
Jeha Redfaead presided, at a meeting:
ot 99 Bteaafeers ot his party today' which,
adopted resolutions condemning .Mr.
Bryce's actloa aad. calling fer the re
aova! ot the ofcJectioaaWe'coHiaJseloaers.
i