Morning Oregonian. (Portland, Or.) 1861-1937, July 13, 1909, Image 1

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    VOL. XLIX NO. 15,171.
tup: morning oregonian. Tuesday, july 13, 1909.
PRICE FIVE CENTS.
SUTTON PLANNED
TO KILL OFFICERS
FLIES AT RATE OF
PORTLAND EXPECTS
1912 CONVENTION
ROOSEVELT TREKS
TO FRESH FIELDS
FIX
0SLER IS UNTRUE
MORO OUTLAWS
40 MILES AN HOUR
TO OWN TEACHING
TAX
ONE PER CENT
ALL OIE FIGHTING
ORVILLE WRIGHT SHOWS SKILLi
HUNTERS NOW ON SHORES OF
LAKE NAIVASHA FOR GAME.
IS 60 YEARS OLD BUT DOES NOT
AS AVIATOU AGAIN.
TAKE CHLOROFORM.
CORPORATION
Damaging Statement
Made by Col. Doyen.
OREGON MAN SOUGHT TROUBLE
Department Not Convinced of
Alleged Injustice Before.
NEW VERSION OF TRAGEDY
Head of Navy Department Is Em
phatic In Defending: Earlier In
quiry Court's Actions, and
Says Law Now Changed.
BUIJKVKS BUTTON MURDERED.
PITTSBURG, July 12. "I am sat
isfied that Lieutenant James N. Sut
ton was murdered at Annapolis on
the night ot October 12. 1UOT. and
that he did not commit suicide. I
also belleva that my daughter. Mary,
does not know anything about his
case."
This statement was made today by
Councilman Charles Stewart, father
of Miss Mary E Stewart, who is
desired as a witness at Annapolis
In the new inquiry Into the death of
Lieutenant Sutton.
ANNAPOLIS, Md.. July 12. The
forthcoming reinvestigation of the
death In 1907 of Lieutenant James N
Sutton, U. S. M. C, who, according to
the finding of the prior Investigators,
committed suicide, promises to reveal
some sensational details.
It Is said that witnesses have been
discovered who can testify that on the
night he met his death Lieutenant Sut
ton had not been drinking unduly, and
that he left Carvel Hall in an auto
mobile with Lieutenants Adams, Roel
ker, Osterman and Utley. x
Says Sutton Planned Murder.
Colonel Doyen, commandant of the ma
rine barracks when Lieutenant Sutton
died, today made a statement saying
the dispute did not begin until after
the machine had entered the Naval
Academy grounds, and in the dispute,
as well as in what occurred afterward.
Lieutenant Sutton was the aggressor,
The statement further says Lieu
tenant Sutton was placed under arrest.
which he broke, and arming himself
with two revolvers he started out to
hunt up and kill those who had been
his companions. He finally killed htm
self. Colonel Doyen's statement con
cludes:
"The day after Sutton's death Major
Fuller. In discussing the affair, told
me that Sutton had made a remark at
the dinner table to a young lady guest
that it was the height of his ambition
to kill a man some day."
Meyer Contradicts Mother.
' Mr. Meyer, Secretary of the Navy, to
day denied the statement of Mrs. J. N.
Sutton that he had ordered another
court of Inquiry on the death of her
on. Lieutenant James Sutton, U. S. M.
C. at Annapolis in October. 1907, be
cause he wai convinced that an lnjus
tlce had been done. Mr. Meyer made
tt clear that he had not formed an
opinion as to the justice or injustice of
the matter, but that upon Mrs. Sutton's
demand that the case be reopened and
her presentation of evidence which had
not been taken into consideration, he
gave orders for the inquiry, which will
begin on July 19.
Mrs. Buttons charges are now in
the hands of Captain Campbell, Judge
Advocate-General of the Navy. She
named the man who, she believes, mur
dered her son. He Is another officer
of the Marine Corps, but, pending the
result of the Investigation, it would be
manifestly unjust to publish his name.
Court Lacked Power.
Friends and relatives of Lieutenant Sut
ton have laid stress on the fact that cer
tain civilian witnesses were not called by
the first court of inquiry, the verdict of
which is now assailed. In answer it is
pointed out at the Navy Department that
until this year the Navy has been with
out authority to compel the attendance of
civilian witnesses at courts of inquiry or
courto-marttal. Whether the Judge-Advocate
of the first court of inquiry tried to
obtain the voluntary attendance of civil
ian witnesses is not known here.
A reporter had a talk today with an of
ficer who read the whole record in tlis
first court of Inquiry. His recollection
was that It was a thoroughly straightfor
ward record, without any apparent effort
toward concealment of any facts. '
Murder Verdict Not Expected.
The general opinion among naval of
ficers who have heard the case is that
the Sutton family will not succeed in
establishing the fact that the son was
murdered, but at the most all that will
be established In any event will be that
he was killed In the scuffle which en
sued when his brother officers sought to
wrest the revolver from him.
There are a number of stock mys
teries in the Navy. Gossip plays habit
ually with several celebrated cases, and
theories galore are aired in wardroom
as to the "inside" of this or that court-
' (Concluded on Face
Aeroplane Rises Gracefully. Circles
Parade Ground, Alights
Easily.
WASHINGTON, July 12. Orville
Wright this afternoon made a success
ful flight in his aeroplane at Fort Myer,
remaining in the air five minutes.
during; which the airship attained a.
6peed of about 40 miles an hour and cir
cled the parade grounds half a dozen
times. It made a total distance of about
three and a half miles. Mr. Wright did
not prolong the trial, because the motor
was not working perfectly.
Shortly after 7 o'clock the breeze died
down sufficiently to permit of a flight.
When the signal to start was given,
the machine shot forward instantly and
mounted gracefully. Mr. Wright guided
trie riyer to tne lower ena or xne large
parade ground and circled around toward
the starting point, gradually rising
higher front the ground. A buret of
applause greeted him as he sped away
on the second round.
After passing the crowd the sixth time
the aviator descended easily and alighted
with no apparent jar, the machine elid
ing smoothly over the ground until it
came to a stop at a point near the
shed.
The "Wrights Intend to make only short
flights until the new machinery is work
ing perfectly. Then they will make the
official test.
CRADLEBAUGH NEAR DEATH
Friends Believe He May Be Recon
ciled With Wife Before Passing.
DENVER, Colo... July 12. Special.)
John H. Cradlebaugh, the slayer of Fred
erick W. Walton, In Denver last Feb
ruary, is reported dying in his home in
Wallace, Idaho, with his two young sons
as his sole companions. Cradlebaugh,
gaunt, aged and careworn, is bedridden
with rheumatism. He is said to have
been unable to work since last April.
when he left Denver prison walls to return
to Wallace.
For three days he labored, and then
took to his bed. J.. R. Green, of Wal
lace, arrived In Denver yesterday, seek
ing the woman for whom Walton gave
his life. Green found her and believes
a reconciliation is probable. She has sup
ported herself by sewing.
BULLET PUNCTURES HORSE
Animal's Hoof Explodes Shell on.
Street, Rider Has Narrow Escape.
BUTTE, Mont., July 13. (Special.)
While cantering along Main street this
afternoon the riding horse of William
Jackson, a stableman, stepped on a cart
ridge, exploding it. The bullet passed en
tirely through the horse's body and Just
missed Jackson's own leg as It emerged.
The bullet severed an artery in the ani
mal's body and the horse nearly bled to
death before a veterinary surgeon could
reach the scene.
WAGON WHEELS KILL BOY
Lad Crushed to Death While Trying
to Steal Ride.
TACOMA, Wash., July 13. (Special.)
Within sight of his home, "Victor Long,
the 4-year-old son of Michael Long, was
crushed to death late today under the
wheels of a heavy wagon, driven' by
Charles Magnuasen. '
The boy attempted to catch on the rear
of the wagon for a ride.
DROWNS 100 MEXICANS
Cloudburst at Orizaba Wrecks Mill
and Floods Large Area.
MEXICO. July 12. Further details re
ceived here of the cloudburst last Friday
at Orizaba place the loss at $500,000 gold.
The Rio Blanco cotton mills were wrecked
and three operatives were killed.
A large area Is under water and other
sections are half flooded. It Is estimated
that the total loss of life will exceed 100.
WESTON WALKS ALL NIGHT
Old Pedestrian's Pace Slackens as
He Nears Journey's End.
DAVIS, Cal., July 13. Edward Payson
Weeton, the pedestrian, passed here
few minutes after 12 o'clock this morn
ing after a 14-mlle walk from Sacra
mento. Weston stated that he expected
to walk all night, but might rest for an
hour at Dixon.
PUT ALL BRITONS IN ARMY
Roberts Proposes Compulsory Serv
ice for AH Male Citizens.
LONDON. July 12. The National serv
ice bill, which provides for the compul
sory service in the territorial army of all
male citizens between the ages of 18 and
30, was Introduced in the House of Lords
today by Lord Roberts.
STRUCK DEAF, DUMB, BLIND
Victim of Sunstroke Then Tries
Drown Himself.
to
ELY, Nev., July 12. Joseph Holdridge,
a laborer, walking from Reno to Verdi,
was struck deaf, dumb and blind by sun
stroke this afternoon. Holdrkige then
made a desperate effort to end his life in
the Truckee River, but was restrained.
Local Elks Reasonably
Sure of Winning.
LOS ANGELES RECEIVES HERD
Both Aspirants for Grand Ex
alted Rulership Confident.
LATE DFI FfiATIOlM ARRIVF
I BBBM m SBBBl BBB BBBI BUBS BBBB VBF B BJ B B S W BBBS
Badge Craze Seizes Antlered Visi
tors, and Many Living; "Display
Posts" Parade on Slight
est Provocation.
LOS ANGELES, Cal., July 12. (Spe
cial.) If there Is anybody in this town
who doubts for a second that Portland
wants the convention of the Elks in 1912,
and thoroughly means to get it, he must
have been hiding in a mighty deep hole.
The aims of the delegation from the
northern city have not been hidden in a
corner, nor have the members of that
crowd neglected one single opportunity
to make it very plain that they are after
a big thing and know they will have to
work hard to get it.
'Portland bids you welcome 1912," is
the motto with which 135 Webfooters
landed in Los Angeles. Portland has
started in to build fences for the attain
ment of that end. As visible evidence
of the Inducements Portland has to offer,
the delegation is distributing copies of an
illustrated booklet, "Portland, the City of
Roses," containing 25 colored views of
Portland sceneB.
Detroit Next Winner.
Detroit probably will be selected as
the place of meeting for the grand
lodge in the second or ihird week of
July of J.910, this city leading Portland,
The Portland delegates are devoting
every minute to secure the grand lodge
reunion for 1910, admitting, however,
that they expect ' only to clinch the re
union in 1912 for their city. .
The Portland delegation has planned
to give a public reception and orchestral
concert at the Angelus on Wednesday
night, and on this occasion the handsome
souvenir booklets of the Rose City will be
distributed. Through the courtesy- of
the Angelus management, the Portlanders
have been granted the exclusive use of
the spacious parlors on this occasion, and
in order to show Portland's appreciation
of this act, John B. Coffey secured the
Baker City Band, and this afternoon a
concert was rendered in the corridors
of the big hotel.
Baker City Makes Hit.
The Baker City bunch made a tremen
dous hit, for the Los Angeles people were
quick to grasp the meaning of the pres
ence of a band representing the small.
though hustling Eastern Oregon city, and
(Concluded on Page 3.)
' '
Leader Bags Two More Rhinoceri In
Solik District Before Leaving
to Seek Hippopotami.
NAIVASHA. B. E. A., July 12. After
having completed a five weeks" hunt in
the SoHk district, during which Mr.
Roosevelt bagged two more rhinoceri, a
wild ebeeste and other game, the Roose
velt expedition today transferred the
scene of Its activities to the farm of
Captain Richard Attenborough, on the
south .shore of Lake Nalvasha.
E. J. Cunnlnghame, the general man
ager of the expedition, came to Captain
"Attenborough's house last night In ad
vance of the others and left at day
break this morning to meet Mr. Roosevelt
and guide him to the farm. Mr. Cun
nlnghame had a hard trip and on the last
day of his Journey his porters were with
out food or water.
Mr. Roosevelt and his son Kermlt will
remain at Captain Attenborough's only
long enough to bag three hippotaml a
bull, a cow and a calf a specimen of the
rare dlgdig antelope, a bushbuck and a
baboon. They will then move on to the
ranch of Lord Delamere, one of the game
wardens of British East Africa, to hunt
with him for 10 days at NJoro. The other
menVbers of the party will stay at camp
at Captain Attenborough's. The Cap
tain is at present in Nalvasha engaged in
securing and shipping out supplies for
the expedition.
GENOA, July 12. Mrs. Theodore
Roosevelt and three of her children
were met here today by Miss Carew,
Mrs. Roosevelt's sister. The party then
left for Miss Carew's villa, where the
Rooseveits will remain for two weeks.
TWO BANKS UNITE TODAY
Roberts to Be Head of Third Larg
est in Chicago.
CHICAGO, July 12. Under the terms
of an agreement reached today by the
judicial committee representing the
two banks, the Commercial National
Bank of Chicago tomorrow will absorb
the Bankers' National. George E. Rob
erts, president of the Commercial Na
tional, will continue as president of
the merged institutions, and Edward S.
Lacey, president of the Bankers', will
succeed Robert T. Lincoln as chairman
of the board of directors.
The amalgamation will give the
Commercial National a banking power
of approximately 188,000,000, putting it
in third place among the Chicago Na
tional banks, the First National hold
ing first place and the Continental
second.
FAVORS NEW CARDINALS
Pope's Secretary Disagrees With
Him on Calling Consistory.
ROME, July 12. (Special.) A high offi
cial in the Vatican declares that Cardi
nal Merry del Val, papal secretary,
favors a consistory In November and the
appointment of many Cardinals, includ
ing one or two in America.
The Pope opposes the consistory for
reasons of economy, saying that the
church needs the money, especially after
the difficulty with the French govern
ment, and that the proposal would in
volve considerable outlay. The secretary
however, is firm in his opinion, saying
that many new Cardinals are necessary
WANTED: A MILLION HOMESEEKERS.
Taft Arranges to Make
Concession.
MEASURE IS BEING REVISED
Senate and House Disagree
on Metal Duties.
HOUSE WANTS LOWER RATE
Senate Expected, to Make Conces
sion on Iron Ore and Coal, but
Wool, Hides and Lumber Will
Certainly Cause a Contest.
WASHINGTON, July 12. At a confer
h.l xne wmte iouse today It was
decided that the rate of the new corpora
tion tax shal be reduced from 2 per cent
to 1 per cent and that in redrafting the
measure now in conference as a provision
of the tariff bill, consideration shall be
given the demand of the mutual life in
surance companies.'
President Taft was the central figure in
a number of conferences today. He told
several of his callers that he is finding
the conferees conciliatory and that he is
hopeful that a satisfactory measure will
be drafted. The conference report should
be available, according to the President's
information, by the end of next week.
- Concession to Mutual.
As to the mutual insurance companies
it Is said that the redrafted bill will pro
vide what portion of the income may be
deducted before the tax on funds avail
able for dividends is assessed. It will
be so arranged that the tax shall fall
upon the profits of stockholders. Allow
ances will be made for annuities and
other long-term outstanding contracts. -
Senator Aldrich, Attorney - General
Wickersham, Senator Burrows, Senator
Smoot, Representative Fordney and
Speaker Cannon were among those who
discussed the tariff and the corpora
tion tax with the President. The lead
era in Congress conceded the President'
contention that, as the Administration
would have to defend the act and col
lect the tax, it should be allowed to per
fect the measure, and the Attorney-Gen
eral is working upon it.
President Taft has been Impressed by
the arguments of the states that they
should not be disturbed in their use of
the inheritance tax as a means of raising
revenue, although his belief in the prin
ciple has not abated. It is stated, how
ever, that toe does not think that Fed
era! and state governments should both
resort to this method of raising rev
enues.
Disagree on Metal Rates.
Determined opposition was shown by
the House conferees today to the in
(Concluded on Page S.)
Contrary to Theory, He Is Hale and j
Enthusiastic About Con
tinuing Work.
BALTIMORE. Md.. July 12. (Special.)
Dr. William Osier was 60 years of age
today. He is also hale and hearty, but
he is not hereabouts. The Joke is on
him and he knows It, so several days
ago he stole silently away. Dr. Osier
must admit that he is of human incon
sistency. For didn't he prescribe the
chloroform route for men of three-score
yeans?
The eminent physician, who held that
man's best usefulness was passed at 40
and that he ought to be chloroformed
at 60, sailed recently for England after
vacation trip to America. T. R. Ball,
registrar of Johns Hopkins, said to
day that there was nothing in the ap
pearance of Dr. Osier then to indicate
that he had any intention of quitting
the wrorld. He was hale and hearty and
was enthusiastic over the prospect of
getting back to active work as pro
fessor of medicine at Oxford.
University men here are sure that if
the doctor had contemplated self-destruc
tion, he should have resigned as hono
rary professor of medicine at Johns
Hopkins.
SAVED FROM DESERT ISLE
Texan Launch Party. Spends Several
Days Without Food.
EL PASO. Texas, July 12. In a piti
able condition from the hardships en
dured on a desert island in the Tres
Marias group, where they were with
out food or water for several days, 17
survivors of the crew of the gasoline
launch Charles Cansen were landed at
San Bias, according to dispatches re
ceived here today. One of the crew
died of starvation.. The survivors were
brought to San Bias on the steamer
Union, which arrived Sunday.
The gasoline launch vraa wrecked by
an explosion a few days ago, when
dynamite became ignited from a gaso
line tank that had caught fire. The
crew escaped from the launch before
the explosion.
SIX AFFINITIES ALLEGED
Preacher Charges Wife Who Ac
cuses Him With Insanity.
OAKLAND, Cal., July 12. Rev. Paul
Stewart, pastor of the United Presbyter
ian Church of Oakland, was today sued
for divorce by his wife, Anna Stewart.
The ground for the separation is ke"pt
secret, the complaint being filed with the
County Clerk sealed.
Several months ago Mrs. Stewart pub
licly accused her husband of having six
affinities. He caused her arreBt on the
ground of insanity and she was confined
for a time in an Insane asylum, but was
subsequently released. He again had her
arrested on a charge of insanity, but the
judge and insanity commission ordered
the minister to take his wife to her
home and make her happy.
TAFT GIVEN "BIG STICK"
Kansas Man Suggests President
-'Swat" Tariff Bill With It.
WASHINGTON, July 12 -President
Taft was presented with a bludgeon six
feet long and shaped much like a big
stick of Rooseveltlan authority, which be
came famous in cartoons during the
last Administration. The donor was J. E.
Forbes, of Ottawa, Kan., who sent the
stick with this message:
"The Almighty probably grew this big
stick for some good purpose, and I ex
pect that it was to allow you to swat the
tariff bill and other schemes of criminal
extortion."
INVITATION GOES BEGGING
Con gressmen
"Bid'
Refuse to
to Scuttle.
Refer
WASHiisuTON. July 12. By a vote
of 100 to 158, the House today refused
to refer to the committee of the whole
the invitation to attend the Alaska-
Tukon-Paciflc Exposition.
Rodenberg, of Illinois, sought to get
unanimous consent for the considera
tion of a resolution providing for the
acceptance of the invitation, but Ms
con, of Arkansas, objected on the
ground that no committee had consid
ered It.
LEAPS FROM CAR WINDOW
Wealthy
Oklahoma n Fatally
Hurt
While Leaving Asylum.
SAN LUIS OBISPO, Cal., July 12.
John McMahon, a wealthy resident of
Oklahoma, was fatally injured near
here today when he leaped through a
car window from a moving train. He
was being taken to his home by tw.o
attendants.
McMahon has been spending the Sum
mer at Santa Cruz where he suddenly
became insane several days ago.
CASTRO NOW VERY MEEK
Renounces Claim to Presidency, but
Wants to Die at Home.
SANTANDER, Spain. July 12. In the
manifesto which General Castro recently
addressed to Venezuela, and In which the
ex-President justifies his rule from polit
ical, military, diplomatic and adminis
trative standpoints, uenerai castro re
nounces his right to the Presidency, and
asks only for a piece of ground so that
he may 'die on his native soil.
Jikiri Shot Down as He
Swings His Knife.
SLASHING OFFICER'S NECK
Last Battle Fought on Ledge
on Side of Crater.
M0R0S DRIVEN FROM CAVE
Two Versions of Final Struggto
Agree Outlaws Came Out and
Died Fighting Jikirl's Skin
Was Thought Charmed, .
MANILA, July 13. While detailed a
counts of the last fight of Jlklrl, the
famous Moro outlaw chieftain, who was
killed and his band exterminated In a
pitched battle near Patian on the Island
of Jolo, July 5, are lacking, several brief
dispatches and a letter or two from Amer
ican officers who fought against the out
law give a fairly complete story of the
fight.
Hunted from place to place by the reg
ulars and constabulary who had been in
close pursuit for days, Jikiri with seven
followers, two women and one child, took
refuge in a cave which pierced the side
of the crater of an extinct volcano. The
narrow hole had two entrances, the prin
cipal one opening on a ledge of rock high
up on the steep slope. Here the outlaws
gathered to make their last stand.
Proof Against Shell Fire.
As the' soldiers came up, the scouts lo
cated the party and the troops worked
their way around the place' until it was
entirely surrounded and there was no
chance for escape. Captain George L.
Byram, of the Sixth Cavalry, who com
manded the attacking force, then or
dered a white flag displayed, and, through.
his interpreter, called upon Jikiri to sur
render. The outlaw leader refused and
declined also to accept a safe conduct
for the women of his party, who re
mained with the band and bore their
share of the fighting.
Captain Byram ordered up the guns.
and a terrific shell fire was opened on
the cave. The missiles broke above
and. around the opening, but the ledge
protected those inside from the fire ot
the guns, and little daamge was in
flicted. Storming Party Repulsed.
Storming parties then worked their
way up the Bteep slope, and, gaining a
footing on the ledge, attempted to rush
the larger entraAce to' the cave. The
fighting for a few minutes was desper
ate, but the outlaws drove their as
sailants back by a savage spear
(Concluded on Pace 2.)
INDEX OF TODAY'S NEWS
The Weather.
YESTERDAY'S Maximum temperature.
64
decrees; minimum, i5 degrees.
TODAY'S Fair and warmer; northwest
winds.
foreign.
Argentlne demands explanation from Bolivia
and recalls Minister unitsa omeuai oia
for riot. Page 3.
London suffragettes refuse to pay fines and
make speeches in court, face t.
Persian rebels enter Teheran and fish ting
begins in streets, rage
Roosevelt kills more big game In Africa.
Page 1. ...
National.
Taft and tariff conferees agree to reduce
corporation tax: House ana feenate dis
agree on several points In tariff. Page 1.
House submits income tax amendment to
states after warm debate, rage .
Explosion on cruiser North Carolina kills
Ensign Amen ana Diina anotner man.
Page 4.
Secretary Myer gives reasons for new in-
uulry into killing of button, page l.
Domestic
Madson. polygamist. sentenced and will be)
sued by vfceitm. Page 4.
Evidence taken in Thaw Insanity case and
alienists may decide. Page o.
Terrible wind and floods in Missouri and
Mississippi valleys. Page o.
Portland Elks working hard for grand lodge
of luiz. Page l.
Xn. Osier reaches 60th year, but does not
take chloroform. Page 1.
Description - of desperate battle In which
Jlklrl s outlaw Dana was exterminated.
Page 1.
Orville Wright flies at rate of 40 miles an
hour. Page 1.
Lake steamer sunk in collision and 14 lives
lost. Page 2.
"Witnesses try to . discredit Ella Gingles'
story. Page 2.
Jap strikers riot on plantation and many
arrests ionow. t'ape 4.
Sports
Johnson and Kaufman matched to fight and
K.etchei-Lang(ora match on. page 7.
Play to open today in state tennis cham
pionship tournament. Page 7.
Northwestern League scores: Portland 4,
Tacoma ; Spokane 2, Seattle 1; Aber
deen O, ' Vancouver 3. Page T.
Pacific Northwest.
Defense In George Murgatroyd murder case
at St. Helens alleges conspiracy. pageU.
Dr. Eugene Day lectures at Gladstone Park.
Page 11. t
Board of managers of Schlvely impeach
ment reply to Schively's excuses. Page 3.
Stranger in Clark County driven to suicide
by mosquitoes. Page 6.
Cushman's funeral will be held in Tacoma
today. Page 2.
Portland and Vicinity.
Outlook good for new city jail. Page 10.
Bids to be asked on 100-ton capacity garb
age crematory. Page 10.
H. L. English, consumptive bookkeeper.
commits suicide at Imperial Ho teL.
Page lO.
Detachment of regulars and Third Oregon
Infantry pitch camp at Clackamas sta
tion for maneuvers. Page 10.
Traffic Manager stuhbs of Harriman lines
is dined by Commercial jlub. Page 14.
Jude Webster favors use of new County
Hospital by tne city., page 1.