mum
Y - - - . .
71
PAGES I TO
FORTY PAGES
" mSt til
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tot. T-"::.,x-yo 44, -
POUTLAND, OREGON, SUNDAY MORNING, NOVEMBER 1, 1903.
PRtGE FIVE CENTS.
i ill FOi
V
Supreme Court Hands
Down Opinion.
IT 18 UP TO THE GOVERNOR
Special Session of the Legis
lature May Be Called.
THPfll n LAW IS INOPERATIVE
Aot ttw Interact
U m ttete
OMRr Warrant WHI It
,.
Vfc. UHMM a( tMt IMNl
trt - Uw tta of
' ' mm 9 bt
.. -a - i ffct J""
L t u '-" t'
uu in eTerr county in tho state In
contemplation of a levy In January.
The Supreme Court holds that -when
tho state board of apportionment and
the county courts told their meet
ings In January tho -will be -without
any authority to jnake a tax levy at
that time, for tie new law has en
tirely swept avay tho old. A spe
cial sefslon erf the Legislature -will
probably be called for tho purpose
of authorise a levy In January, for
otherwise state, county, city and
school district -warrants must be en
i fd or want of funds and tho
test they -will draw will amount
rany times the cost of a spoclal
. .
-' - ?? . !,
and give notice ior wo w"-
bo held not later than October 1
Old Law Abrogated.
"The tlroo situation Is perfectly manl
,., -n, oM Btatuto relative to the mat
ters alluded to is to he replaced hy tho
amendments, thus abrogating completely
the law as It now sianus. v- .
case of a repeal, either directly or hy im
plication, except as tho amendments su
persede and displace the old statute. The
new is substituted for the old, leaving no
vestige of the old for operation.
Such is the holding of the Supremo
nnurt of Indiana, under a constitutional
clause providing the mode for revision and
amendment precisely as ours, and from
which ouro was probably adopted. (Black
more vs. Dolan, BO Ind. 134, 2(H.)
No Power to Levy In January.
All the sections of tho old law relative
to the assessment and collection of taxes
set out In the amendatory act. as amend
ed to be In effect from and after January
1, 1S04, will be wholly obliterated and su
perseded hy the new sections as con
tained in the amendatory act. which latter
cHii -hArr, solely operative and effective
1 '-om and after that date. The ioglcal
jquence is that the County court or
t. 3oard of County Commissioners will
r ft without power or authority to es
uroae the amount of money to bo raised
fu- county purposes, or to apportion the
air with the state and school taxes ac-
r .'ng to the valuation of tho taxable
p" erty In the county, or to levy a lax
trt jon for the purpose of raising revenue
' Is term in January.
.-o with the Governor, Secretary of
S''3 and State Treasurer. They cannot
i t in apportioning the revenues for the
fctato among tho counties until July.
Present Proceedings VIId.
"Whatever act shall be, or shall have
ree- regularly dono under the old law
i r v tho time of tho taking effect of the
amendatory act, must stand as perfectly
valid and effectual; but no act can be
performed thereafter under the sections
of the old law falling within the pun-lew
of the amendments, simply because It will
not then exist or be at all operative, hav
ing been wholly obliterated and displaced
by such amendments.
Courts Cannot Legislate.
"Such Is the necessary and inevitable
effect of the legislation, adopted no doubt
in Its present form through casual over
sight, and. although it may operate un
fortunately in leaving tho state and its
subordinate political subdivisions without
adequate revenues for the current year,
the courts are powcrlesa to remedy the
eviL They cannot legislate, but must
construe tho law and determine Its effect
1HTH IN CRUSH
Train Carrying Football
Hosts Is Wrecked.
FIFTEEN PERSONS KILLED
OREGON IS OUT
Injured Oyer Fifty, and
Number Seriously Hurt.
COLLISION WITH COAL CARS
Joyous Cries of Rooters Are Turned
Into Wails of Grief Young
Women Prove Themselves
to Be Real Heroes.
.r.v
xin
f .L Or., Oct. 3L (Special The
f. Court today rendered a decision
vi It is held that under existing
r ' annual tax lecy can he mado
..Kry. ISM. It seems Inevitable that
t.1y this defect a special session of
-jisialurerauEt be held before tho
4t authoiizite6Jciia u' , ..
, jl o-i sfcsslon snail De neia.
ireiy with the Governor, who is
ir ' allfornla on his way home from
.j Mississippi. The Governor has
' t he will call a special session if
,lj finances require It.
reasurer Moore says that without
v in January the state must pay ln-
u.ton warrants to the amount of
M3 for an average of six months,
-Rt the Rtato's Interest account alone
i-l a-nount to 530.000. Nearly every
tr, city and large school district
. i br similarly affected and the ex-
. or for interest, if this defect be
idled, would amount to at least
V A regular session of the Legis-
. astlng 40 days, costs $50,000. A
. ession of ten days, if economi-
mlucted, could be held at a cost
XEARI.Y 1000 rASSEXGEBS.
On tho wrecked passenger there
ncre 054 passengers. It came upon
the coal train while rounding a curve
near Indianapolis. The steel coal
cars plowed their way through throe
coaches and burled tho passengers
vndor a mass o wreckage, from
which It took considerable tlmo to
extricate them. ,
Both engineers declaro they had tho
right of way. Tho company has
boen too busy caring for tho dead
and Injured to make an Investiga
tion. A general alarm was sounded !n
Indianapolis, and cery assistance
that could bo afforded was rushed
to tho wreck.
No Chance to Head Irri
gation Committees.
WYOMING HOT AFTERTHEM
Mondell Likely to Win in the
House.
SOME DOUBT AS TO WARREN
I Senator Is Senior Member, but
Would Have to Surrender Bet
ter Place-Simon and .Tongue
Held the Chairmanships.
INDIANAPOLIS, Oct 3L Fifteen per
sons were killed and 51 injured, some
fatally, at 10:20 today in a collision be-
as they find It, and beyond that they can- J tween a special passenger train on the
Big OUr XlUUIUilU, U.11U J- ilU(,Uk tllb"i"
with a cut of coal cars. Tho accident
happened in the edge of this city. The
passenger train of 12 coaches -was carry
ing 934 persons, nearly all of whom were
students of Purdue University and their
Hnfla.'rnin TLtavaki'L.tti. Lnduinnjiallo
M luuuwii (j iiuu vrcmwu t.ic
not assume to act. This is declslvo of the
controversy."
It will be noticed that the Supreme
kurt holds that present proceedings may
continue under theold law; until January
1. so that if a special soesipn he called, to
v
CONTENTS OF TODAY'S PAPER.
i " r Domestic
Fifteen persona killed, 50 odd Injured la col
s' B. HOWAHD. La, Fayette, Ind., president
of the Indiana iaundrymen's Association.
PATRICK ai'CLATR. Chicago, trainer.
SAMUEL TEUITT, Noblewllle, Ind., sub.
G. I- SHAW. La, Fayette, Ind.
BERT BRICE. Spencer, Ind., sub.
J. C. COATES. rBerwin, Pa.
The Seriously Injured.
Of the 51 persons Injured in the wreck,
39 are seriously hurt, nearly all having
-broken bones. They are as follows:
J. R. Whitehead, Monelora. O.. sub half
..v on Purdue team; fracture, cut and
bruises, serious.
Sam Miller, NInvah, Ind.. end on Purdue
team: both legs crushed; serious.
Q "W. Nichols. Philadelphia, half-back sec
ond Purdue team; left shoulder broken and
sevaral rlb3 broken.
E. S. Mills, Rensselaer, suh quarcerottcis "
Purdue team, both legs broken, cut and bruised
TV. "W; Taczert, Owen, Ind.,"tackle on
scrub team; arm broken and Injured about
Dan O'Brien. Syracuse, N. Y., guard on
scrub team, Purdue; left leg broken.
Hendricks Johnston. Evansvllle, Ind., Quar
terback on Purdue team; both lego crushed,
shoulder broken; very serious..
L. E. Rush. Darry Station, Pa., member
of scrub team; both legs broKen; senou.
Carl WUmore, Winchester, Ind.. broken
legs; critical.
J. H. Mowry. Chambersburg, Pa., halt
back on team; left leg crushed.
Louis Smith, Eaat La. Fayette. Ind., center
on team; Injured about head and spine,
SA.Ul Holter. Oberlln. O, halfback on
team; legs crushed, skull fractured; serious.
Harry Adams. Frankfort. Ind.. sub half
back on team; left ankle fractured and ribs
broken. x
Cries of Joy Give Way to Weeping.
From the 12 coaches were coming the
joyous cries of a thousand rooters for
Purdue, clad in gala dress with colors
streaming, while In tho front coach sat
20 great muscular fellows, trained to the
hour, on. whom tho hopes of a brilliant
lctory on the gridiron were confidently
placed. Rounding a curve at the Eigh-PAnth-street
cut. Engineer "W. H. Schu-
maker found directly In front of him the
froleht enclne and coal cars moving
slowly from a switch leading to a gravel
pit. He reversed his engine and jumped.
The crash hurled tho passenger engine
and three front coaches against the steel
freight cars loaded with coal, that plowed
their way through and, buried under a
pile of wreckage weighing many tons
fully 00 human beings.
The first car. In which were the play
ers, was completely demolished, tho roof
being torn away and falling across a
car of coal, while tho body of the car
was reduced to kindling wood against
the side of the steel freight cars. Tho
second coach, containing a bras3 band,
was portly telescoped, and the third coach
was overturned and hurled down a i--ioot
embankment. Tho other coaches did not
leave-'tho track. President Stone, of tho
University, with his family, was In the
fifth coach, and was not Injured.
Women Are Proven Heroes.
Immedlatclr after tho shock, the paa-
sengers, men ana women, . &mte--ui3J-'--iJiHt,&l
n-t i ! iiiwiim rr" - wr lt-tj" - - ni
oiuaTt-'tt l-ono-regs. Itt;
place. If .Warren steps aside. Bard of
California is tho next eligible man, for
Stewart and Quarles have better chair
manships than Irrigation, and would not
he willing- to lose them to succeed Simon.
If an Oregonman goes on tho Irrigation
committee of either the Senate or the
House, ho must start at the foot of the
list. There Is no possibility that Oregon
can have either of these chairmanships
in the coming Congress, thoughTt had
both in the Fifty-sixth and Fifty-seventh.
EFFORT
Mediators at Butte Find
No Solution.
DEPART FOR THEIR HOMES
Legislative Session.
GOVERNOR TOOLE IS SILENT
T"
y
IRRIGATION COMMITTEES.
SENATE
Chairman
Warren, of Wyoming.
Stewart, of Nevada. '
Quarles. of Wisconsin. '
Bard, of California.
Kearns. of Utah.
Dietrich, of Nebraska. . "
Bailey, of Texas.
.Patterson, of Colorado.
Gibson, of Montana. -
Vacant.
HOUSE
Chairman
Jenkins, of Wisconsin.
Reeder, of Kansas.
Mondro, of Wyoming.
Tlrrell, of Massachusetts.
Underwood, of Alabama.
w
wfuraaeteam. and the Indiana University
squad for tbe state championship, which
was to have been fought this afternoon.
In tho first coach, back of the englno
.l a- yi. uErl sl-'
and flullfng out thoKifVua.uyiri5 olasi
mates and menus, ine youns woaii.
dressed in bright colors for the holiday,
performed heroic work. Though the
I bodies were in several Instances horribly
TO TAKE UP THOMSON CASE.
Hitchcock Will Next Week Consider
the La Grande Rceivershlp.
OREGONIAN NEWS BUREAU, Wash
ington. Oct. 31. Secretary Hitchcock will,
eariy next week, confer with officials of
the General Land Ofilce, and decide wheth-
tViA rmhllr Interests demand the an-
polntment of a new receiver of the land ODe Of MilierS IS NOW 'ill a
nfflrft nt Xjl Grande, in order that business I r
at that office may be resumed. The Sec
retary has received letters from the Ore
gon Senators transmitting requests from
Thomson's attorneys and friends asking
that no final action bo taken before the
trial, but tho question has arisen In the
department as to whether Thomson's use
fulness ha3 been destroyed hy the Indict
ment, even though he may be declared
innocent.
There is a great press of land business
at La Grande that must wait as long as
Thomson stands suspended, and the Sec
retary, of his own knowledge, te not ready
to say whether this business should be al
lowed to accumulate during the greater
part of November before a verdict can be
had.
Supplementing previous requests for de
lay of action on Thomson's case, the Sen
ators today received messages signed by
W. J. Furnish, W. C. Taylor, C. B. Web
ber, H. F. Johnson, F. W. Vincent. F. S.
Curl, Frank Frazier, R. Alexander, E. W.
McComack, F. W. Crow, L. C. Taylor, a
B. Wade and E. J. Somervllle. All ex
press the belief that Thomson will estab
lish his innocence, and ask that he be not
removed In the meantime. These tele
grams will be laid before the Secretary.
AN EXPLANATORY STATEMENT
Members of the Committee Will Net
Inform the Public in Regard to
the Plans Discussed for
Opening Properties.
t-
m '
THE MEDIATOR.
J. J. Hill, president of the Great
Northern.
W. A. Clark. United States Senator
for Montana.
J. K. Toole, Governor of Montana.
Paris Gibson, United States Senator
for Montana.
i
Vacant.
OREGONIAN NEWS BUREAU, Wash
ington. Oct. 31. Wyoming is after the
chairmanship of the Irrigation committees
r ed Before Judge Cleland.
3e In which this question was
before the Supremo Court was
Maria I. Flanders, respondent,
i omah County and the county of-
s pellants. The suit was tried by
k . an B. Cleland, upon demurrer.
i t s held that no levy can be hold J
a' y under existing laws. This de
;:. i affirmed in an opinion written
by Justice Wolverton.
The act which has been found defective
was Houpd Bill 107, passed for the purpose
of providing a more efficient method for
ihe assessment and collection of taxes, and
to amend sections 3(67, 30(30, 30S2, 30S4. 30S5,
3050, 303S. 3106, 3107, 3112, 311C and 3120, of
Bellinger and Cotton'e Anotated Codes
and Statutes. After setting out these sec
tions In some detail, the opinion of the
Supreme Court says:
What Changes Were Made.
"It will readily ho observed that the
purpose of the amendatory act is to
change the dates upon which the several
official acts designed shall be performed,
the mode of .assessment and levy and the
manner of collection remaining tho same.
All tho dates in the process aro completely
shifted; that is to say. Instead of begin
ning the assessment on the first Monday
In March and making It as of that date,
returning the roll on or before the first
Monday in September, giving notice of
the meeting of the Board of Equalization
on the last Monday in August to examine
and correct the roll, making the estimates
and levying the tax at the January term
of the County Court and apportioning the
revenue by the State Board to the several
counties in January: the amendments con
template that the assessment shall begin
on the ilrst Monday in January and be
made as of that date: that the return shall
be made on or before the first Monday in
July, notice given of the meeting of the
Board of Equalization to be held on that
day; that the estimate be made and the
tax levied at the September term of the
County Court, and that the apportionment
of revenues to the several counties shall
be mado in July, and instead of the taxes
becoming payable onthe first Monday in
April and October, "and requiring the
Sheriff to proceed to collect after the
first Monday in May, to extend the de
linquent li6t n the roll after the first
Monday In October, and give notice of
the sale of real property for delinquent
taxes to be made not later than March
first; the amendments contemplate that
the taxes shall become payable on or be
fore December 31, and the first Monday
in April following; that tho Sheriff shall
proceed with collection after the first
llelon near Indlanajwlle, between coal cars
and train carrying crowd to football same.
Page 1.
Twenty Uvea lost In early momlnc blaze In
New Tork tenement-houso. Pace 1.
Political.
New Tork Herald canvass shows low will bo
elected Mayor by 13,000; Tammany Is con
fident. Pose 8.
Ohio Republican stato ticket will have big
plurality; Democrats are bulldlnc their
hopes on Lesrlsl&ture. Page- 3.
National.
Oregon has no chance to secure the chairman
ships of the irrigation committees; Wyoming
Is hot after them. Page 1.
Brlstow report on postal fraud makes no
charges against Smith and Heath. Page 3.
Governor Dolo is appointed District Judgd iar
Hawaii; Secretary Carter succeeds him.
Pago 2.
Chief Engineer Gillespie shows Importance of
deep channel from Portland to tho eca, and
reviews Northwest harbor work. Page i.
Sports.
Michigan and Minnesota elevens play tie
game, C-C; Tale defeats Columbia, 21-0.
Page 14.
Multnomah loses to University of California,
11-0. Page 14.
Albany College scores C to 0 made by Oregon
Agricultural College. Page 6.
Scoies of Pacific Coast League: Seattle 7, San
Francisco C; Oakland 21, Sacramento 13;
Portland 4, Ixs Angeles, -i. Page 14.
1'aclilc Coast.
Oregon Supreme Court holds that no tax levy
can be made next Januar). Page 1.
Heavy Interest must be paid on unpaid war
rants, unless the Legislature passts act
authorizing a levy. Page 1.
Holy Rollers at Corvallls suspected of eacrlflce
of an Infant; babe found alive. Page 7.
Mediation committee at Butte Is unable to ar
rive at amicable decision with copper inter
ests. Page 1.
Jay and Stark Humes, sons of Seattle's
Major, In jail on serious charges. Page U.
Cominerclul and Marine.
Bank statement the only factor in trading at
New Tork. P&s 15.
Review of tho week In Wall etreet. Page 15.
Wheat advances half a cent at Chicago.
Page 15.
San Francisco cured fruit market. Page 15.
Successful trial of United States dredge Chi
nook. Page 10.
October lumber and grain exports. Page 10.
Slow work at drydock site. Page 10.
Captain Mclntyre oa tho stand. Pace 10.
Portland and Vicinity.
If tax levy Is not made In January, cUy gov
ernment v.111 be paralyzed, and county,
Port of Portland and school district embar
rassed. Page 12.
New time card to be made at Salt Lake meet
ing of Harrlman ofuclais. Page 10.
Mrs. Walter F. Burrcll shoots a burglar.
Page 1C
Power of Secretary of State to slrn extra
dition warrants questioned. Page 13.
Farmers suffer from lack of rainfall. Page 10.
Death of John A Le Sourd. Page 18.
Rain spoils mllltla shoot. Page 12.
rcatnrcs and Departments.
Editorial. Pace 4.
Church announcements. Pago S6.
Classified advertisements. Pages 23-2S.
The Heart of Hamlet. Page 30.
Night Vigil In Portland Slums. Page 40.
A Gentlemanly Burglar. Page SC
One evening at the public night school. Page 40.
Ten Tears of Oregon. Page 37.
Clara Barton as she appears today. Page 3L
Book rcIews. Page ?9.
Vigilantes of the Sller Star. Page 32.
A talk about chrysanthemums. Pago 33.
Social. Pages 20-2L
Dramatic. Page 18.
Musical. Page 22.
the Purdue football team subplayers I mangled, ono completely and one partial
ly beheaded, they took upon tneir laps
tho heads of the dying and Injured and
soothed their sufferings as best they
could untllthe surgeon arrived. Their
bloodstalneji and grimy garments were
gloomy witnesses of their heroism.
A general alarm was sounded, and
every assistance that could be afforded
was rushed to tho wreck, which was
three miles from the business center. Big
muscular students wept aloud as they
stood over the bodies of thf r dead
friends and saw them writhing In pain.
To add to the horror of the situation, tho
wreckage caught fire, but the flames were
extinguished.
Of the surviving members of the foot- !
and managers. Three players, the assist
ant coach, trainer and seven subplayers
of tho university were killed, and every
ono of the 53 other persons In the car
were either fatally or seriously injured.
The dead:
CHARLES GRUBB, Butler, Ind., sub
player. CHARLES FURR, Vedcersburg, Ind ,
guard.
E. C. ROBERTSON, Indianapolis, assistant
coach and captain of tho team two years
ago.
WALTER L. ROUSH, Pittsburg, sub.
R. J. POWELL, Corpus Chrlstl, Tex., end
player.
W. D. HAMILTON, Lafayette, Ind., center
rush.
GABRrEL S. DOLLINSR, Ln. Fayette,
Ind., sub.
SAMUEL SQUIBB, Lawrenceburg, Ind.,
sub.
JAT HAMILTON. Huntington. Ind., sub.
Conojregs. ittprcsontotiv .iiorueu
has long been a candidate to succeed the
late Congressman Tongue on tho House
committee, and is favorably regarded, by
Representative Cannon, who will be the
next Speaker. His appointment to the
House chairmanship w 111 more than likely
he made. In the Senate, however, there
Is moro doubt. The retirement of Senator
Simon, who was chairman of this commit
tee In the past two) Congresses, leaves
Senator Warren, of 7vyomlng, the rank
ing member. Warrod, however, is chair
man of the commltVie on claims, general
ly considered mere Important than Irriga
tion, and carrying with it a far superior
committee-room. He Is willing to ex
change the claims committee for Irriga
tion, provided he can havo a good committee-room
In the Capitol building.
The fact that Warren is now senior
member of the irrigation committee will,
no doubt, give him the chairmanship when
ho nnnnrtinnrnpnt is made bv the special
hall team, who lived in all parts of the genate cominlttCe early In December, pro
country. C. W. Zimmerman has the he for thc placCt but ln takinff
It he must surrender a more Important
(Concluded on Page 7.)
to
Household andxfashlons. Tages"34 and 35.
Monday In February, extend the delin- youth's department. Vac 3S.
NEW CRUISER TACOSH, PHOTOGRAPHED ON HER TRIAL TRIP.
The sheathed protected cruiser Tacoma. built for the United States navy at the Union Iron Works, was given her first
trial ln the bay Thursday, and she proved herself a wonder. She exceeded 17o-knots, when the contract requirements
are 10.
The Tacoma Is ono of the smaller cruisers authorised by Congress March 3. 1S99. Her keel was laid In September,
1P00. and on June 2 she was launched. Her length over all Is 202 feet, breadth 44 feet 1& Inches, mean draught 15 feet,
displacement 3200 tons. Indicated horsepower 47C0. and contract speed 10 knots. Her coal bunkers have a capacity for
700 tons. The engines are four-crank triple-expansion type, with cylinders of IS. 29. 35 and 35 Inches ln dlametor,
respectively, with 30-Inch stroke, making 173 rc olutlons w 1th 225 pounds pressure.
The armament of tho Tacoma Includes 10 five-inch rapid-fire rifles, eight slx-poundcrs, awo one-pounders, and four
Colt's automatic guns. She will carry 30 officers and 281 men.
The Tacoma Is the first of the larger typ of essels bnilt ln Pacific waters to be copper sheathed. This protecting
armor Is expected to do away with the frequent docking so necessary with Iron ships. Instead of docking once ln nnw
months, as customary, especially when navigating tropical waters, It is belleed that copper-sheathed cruisers like the
Tacoma will require cleaning not oftener than onco In four years.
The Tacoma'a hull Is of steel, sheathed to tho water line with teak, which In turn is sheathed with copper. In tho
cases of the little Wheeling and Marietta this sheathing proved a success. How it will serve ln the case of tho Tacoma
remains to bo seen. Some naval constructors contend that the combination of the steel and copper, with the action of tho
salt water, will cause decomposition of tho hull through electrolysis.
v
How the Indictment of Moody Came
to Be Known Beforehand.
OREGONIAN XEWS BUREAU, Wash
ington. Oct. 31. Before Senators Mitchell
and Fulton left Oregon, they were told in
Portland of the probable Indictment of
Moody on the charge of having had im
proper access to mall In The Dalles Post
ofilce. Their Information was to the
effect that at the time the Treasury De
partment declared the final dividend on
The Dalles National Bank, notification to
this effect was sent' by the department
to a woman who had been one of the
bank's depositors. As the Senators ex
plain. Moody Is charged with having In
some way Interfered wth the proper de
livery of the lotter and usrd h'sknowl-
hei3& -orf rts'-txtsience nrTfnTttmpt to
curtail or postpone th.' final payment duo
the woman. The woman, so they say,
when she learned what amount was due
her, consulted attorneys, and. confront
ing Moody with the department's letter,
demanded and received iT" full amount
due her. The Senators make their ex
planations very indefinite, giving the im
pression that they are not advised as to
details, and insist that they do not un
derstand the Indictment- They a3 care
fuly conceal tho identity of the man who
telegraphed them two days ln advance of
Moody's Indictment, as well as the source
of the information ln Portland. Probably
this was Mays.
CAN DO NOTHING FOR VOOD.
Fulton Presents Reply of Portland
Pension Attorney to Office.
OREGONIAN NEWS BUREAU, Wash
ington. Oct. 31. After a conference with
Pension Commissioner Ware, Senator
Fulton Is of the opinion that T. A. Wood,
the Indicted pension agent of Portland,
will have a difficult time escaping from
thee lutches of the law. At Wood's re
quest the Senator took to the Pension
Office Wood's reply to the charges that
were brought against him. and explained
to tho Commissioner that while Woods
had no doubt violated the letter of the
law, he had not. ln his opinion, done so
with wrong Intent.
The Commissioner, however, furnished
the Senator with considerable evidence
that did not come, out In the original
filing of the charges against Wood, and
told him his offense was regarded in a
very serious light by the department.
After hearing the facts, the Senator con
cluded there was nothing he could do.
TWENTY LIVES I0ST IN EIRE
Early Morning Blaze in Tenement
House Causes a Panic.
NEW TORK. Nov. 1. Fire early this
mornlnsr ln thc tenement at 428 Eleventh
avenue, known as the "House of All Na
tions," caused the death of 20 persons.
At 3 o'clock, 12 bodies bad been recovered,
and the greater number of those are of
Irish nationality. Most of them died
from suffocation. Among the number
were several women and children. The
fire Is supposed to be of Incendiary origin,
and although It burned but a short time,
the smoke was so dense that whole fami
lies were overcome. On the fifth floor
eight bodies were recovered, the stairway
leading to this floor having been burned
away. In the dense darkness, a terrible
panic prevailed among the tenants of the
house, many of whom evidently had
fallen over the furniture In their aoart
ments and met their death by suffocation.
Police Commissioner Greene wa3 on the
scene, and the police reserves were called
out, togethr with ambulances from many
hospitals. The police and firemen res
cued many of those women and children
who had been overcome in the desperate
rush to the street.
JOHN MITCHELL IS QUITE ILL.
BUTTE, Oct. 31. The committee of me
diation, acting at the request of the
Chamber of Commerce of Great Falls and
xwlth the consent of the representatives
of the United Copper Company and tne
Amalgamated Copper Company, after a
session lasting two dajs came to a con
clusion this afternoon that It could not
find any solution of the Butte shutdown
situation. gae out a btief statement t:
tho public and adjourned sine die. The
statement issued and signed by the mem
bers of the committee Is given herewith:
"Butte, Mont.. Oct. 31. 1003. Herbert
Strain, President Great Falls Buslnesi
Men's Association: Sir We, the under
signed members of the mediation commit
tee entered upon tho discharge or our
duties realizing the magnitude and diffi
culty of our task. Nevertheless, we ha-e
labored assiduously to accomplish h9
. r
Wrarpaa ot: Vur appomtment.
"We have failed to obtain a stipulation
from the parties litigant which will lnsur
a resumption of work by the Amalgamat
ed Copper Company and have been un
able to devise any plan looking to that
end which did not Involve the mutual
consent of the parties Interested.
"We regret this exceedingly and hope
some common ground may yet be found
by the parties themselves upon which
they can stand.
"J. J. HILL.
"W. A. CLARK.
"J K. TOOLE."
"PARIS GIBSON.
Refuse to Tell of Meeting.
Great disappointment prevails at tha
failure of the committee to come to some
agreement with the parties In Interest
The naturo of the propositions as suggest
ed by the committee are unknown to the
public, as tho members of the committee
were pledged to secrecy during the con
ference. When asked what progress the
committee had made this afternoon. Gov
ernor J. K. Toole said to the Associated
Press:
"You know we are all like clams on this
business and cannot give out anything for
publication, but I think the committee will
make a statement this evening."
The committee met this morning In the
offices of Senator W. A. Clark. The mem
bers were In consultation all forenoon,
and at noon took a recess until 2:30. The
meeting then lasted until 4:30 when It was
decided that further deliberation was use
less. About 5:30 o'clock, J. J. Hill, pres
ident of the Great Northern Railway, In
company with Governor Toole and Senator
Gibson journeyed on foot to the Great
Northern depot and left for Helena on
Mr. Hill's special.
Some speculation -was Indulged In as to
whether or not Governor Toole would call
an extra session of the Legislature as
requested by the labor organizations, but
the Governor would not volunteer any in
formation as to what he Intended to do ln
the premises.
Aside from the proceedings of the me
diation committee the most Important de
velopment ln the situation was the meet
ing of the committee appointed by tha
Trades and Labor Assembly mass meeting
and Governor Toole, which was held this
afternoon at the Thornton Hotel.
Governor Toole was handed the resolu
tions passed at the mass meeting and
which were ln the nature of an appeal to
have the Governor call an extra sessloc
of the Legislature for the purpose of en
acting some legislation that would re
lieve the Butte situation.
Washoe Smelters Are Cold.
All the flres ln the great Washoe smelt
ers at Anaconda were drawn this evening
and the works are now ln charge ol
nearly 100 watchmen, divided Into three
shifts each. Nearly all of tho employes
of the power-houso at the works are re
tained and these with the exception ol
the watchmen are te only persons em'
ployed there, where a week ago ovei
2200 men foupd employment The furnaces
were kept going for several days after
the mill closed down as It was necessary
to make extensive clean-ups around th
converter.
Nearly 100 people left Anaconda on the
evening trains for points East and West
Acting under orders from Mayor Pat
rick Mulllne. the Chief of Police todaj
served notice on the proprietors of al
gambling-houses, poker games and slot
machines that they must cease doing
business commencing at midnight. The
order of the Mayor even went further and
President of MIncworkers Is Threat
ened With Appendicitis.
SCRANTON, Pa., Oct 31. John Mitch
ell, president of the United Mlneworkers,
Is reported to be quite 111 at his hotel ln
this city, and has broken several local en
gagements. It Is probable he will be conr
pelled to postpone his visit to New York
and remain here several day? on account
of his weakened condition. It 13 said that
indications of appendicitis arc pronounced.
It Is not known whether an operation will extended to all of the houses of prostt
bo necessasry. tution within the city limits.
w -" '
rl no -o