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About Heppner gazette. (Heppner, Morrow County, Or.) 1892-1912 | View Entire Issue (Oct. 8, 1908)
0 UPHOLDS RIGHT OF COMMISSION Court Says It Has Power to Regulate Railroad Freight Rates. Attempt to Pronounce Amended In terstate Commerce Law Uncon stitutional Fails in Suit by Harri . man Lines Before United States Court of Appeals. Sain Francisco, Oct. 1 In sustaining a demurrer by the government to an application for an injunction filed by the Southern Pacific company seeking to restrain the interstate commerce commission from establishing a rate upon lumber between Oregon and Can fornia, the United States circuit court of appeals yesterday rendered a de cision which upholds the authority of the commission to fix freight charges upon what it considers a iust and equitable basis, and sustains, in its di Tect application, the most important clause of the rate law, namely, the right of the commission to relieve ship pers, when in 'its judgment they are entitled to such relief. "While the opinion of the court will probably not be available for several days, the victory of the governmen: ap pears to bo a substantial cne. Keprc sentatives of the United Staes district attorney's office and the interstate commerce commission declared that this is the first instance since the enact merit of the rate law in which it was alleged that the commission had erred in a question of discretion and judg jnent, and the first time that there had been placed squarely before a court of this jurisdiction the right of the com mission, to make or correct rates under such circumstances. The action decided was instituted by the Southern Pacific and the Oregon & California Railway after the announce' ment of an increase in the rates on Tough lumber from the Willamette val ley in Oreiron to San Francisco and other bay points. The railroads an nouneed that the rate, which was $3.10 per 1,000 feet, was to bo 'increased to .$5. A protest was filed with the inter state commerce commission by the As aociatcd Lumber Dealers of the North' west, and the commission, after investl Ration, decided that $3.40 per 1,000 was a reasonable rate. The objection of the railways to this decision took the form of a suit for an injunction to set aside the order of the commission. DISEASE IS ABATING. Cholera inSt. Petersburg'Has Caused 2,168 Deaths. St. Petersburg, Oct. 1 For the 24 hours ending at noon yesterday 223 new cases and 93 deaths from cholera "have been reported by the municipal Tiospitals. For the previous 24 hours the statistics were 222 cases and 99 deaths. One hundred and twenty-seven recov. cries were reported yesterday as com pared with 137 the 24 hours ending at noon the day previous. The totals since the beginning of the epidemic are 5,655 cases, 2,168 deaths and 1,651 recoveries. There has been published an official Teport of an outbreak of the cholera at the Pavlovsk military academy. This shows that the disease originated in the academy kitchen, where a cook was suffering from incipient cholera and prepared the food for the cadets for several days. The cook contracted the disease in the cholera hospital, where lie was sent on a mistaken diagnosis. "When the physician discovered his error the cook was discharged and allowed to return to duty. This gross careless ness resulted in 5S of the cadets coming down with t lie disease. Five of these crises ended fatally. Aeroplane Deal ClosetJ. Paris, Oct. 1 With the consent of "Wilbur Wright, the great American aviator, Lazarc Weiller has ordered a French factory' to manufacture 50 aero planes built on the same plan as "Wright's machine. Weiller is the head of the syndicate that is going to pay Wright brothers $100,000 for the French rights to their machine, provid ing it meets with certain requirements, and it is believed that the order placed with the factory yesterday is antici patory of the signing of a contract be tween the Wright brothers and the French syndicate. Forests Still Burnidg. San Jose, Cal., Oct. 1. Although the valley is completed filled with smoke, no definite details can be learned of the forest fire that has been raging east of Jlission Ridge and between the Cala veras and Sunol creeks. It is evident, however, that the fire is still burning and doubtless spreading, as the density of the smoke completely hides the mountain range from view. Owing to defective wires, communication with Lick observatory has been cut off. Ship Arms to Chinese. Vancouver, P.. C, Oct. 1. Arms and ammunition are being regularly smug gled from Vancouver to aid Chinese bandits and pirates on the western side of the Pacific, according to a discovery recently made on board the steamer Empress of Japan at Hongkong. On the last visit of the steamer to that port a number of trunks with false bottoms were found. -in which were several hun dred rounds of ammunition and many packages labeled "soap." Fires Revived in Adirondacks. Saranac Lake. N. Y., Oct. 1 The forest fires in the Adirondacks which were temporarily checked - by heavy rains are again springing into life in every direction. Fanned by a steady -wind, the flames once more are assum ing dangerous proportions. The war dens are rushing men to Pannemora, where a ig fire is in progress. CAR JUMPS TRACK. Six Men Killed and Six Others Injured Near Scappoose. Portland, Oct. 2. Six men killed and six injured. That was the toll claimed by a sudden shower of rain winch wet the tracks on a steep spur of the Portland & Southwestern Log ging railway, just as a construction train was neanng the summit of bill at a point eight miles north and west of Scappoose, early yesterday atternoon. rive men, in charge of the train and crew, were on the locomotive. These escaped. Twelve men were on the one gravel car which "was being pushed uphill by the locomotive when the runaway1 occurred. Not one of these men got away unhurt. They clung to the car as it swept back down the hill and jumped the track at a sharp curve. Three of them were killed outright, two more died while being taken to Scappoose, and an other died after being brought to the Good Samaritan hospital at Portland. None of the unfortunate 12 had seemed really to understand their danger until their car had leaped the track and death and destruction were in their midst. The locomotive went around the curve easily. The car fol lowed, but just as it swung clear the momentum sloughed it aside. The pin which held itt to the locomotive snapped and the big engine continued its mad flight on the tracks to the bottom of the grade, where it stopped on an uphill stretch. PEARY OFF FOR POLAR SEA. Steamer 'Erik Returns With Latest News of Explorer. St. Johns, N. F., Oct. 2. Having safely transferred a large supply of stores to the Peary Arctic steamer Roosevelt at Etah, West Greenland, he auxiliary steamer Erik has ar rived back in this port. The Roosevelt left Etah on August 8, bound north through Kane basin, Kennedy channel and Robeson strait. t is the explorer s plan either to en- er the Polar sea or to reach a point from which he can easily get to Cape Columbia by February next. Then he will make a dash across the ice floes oward the pole. The Roosevelt has on board three Americans beside Commander Peary, he regular crew of the steamer, 25 Eskimos and 350 dogs. The Eskimos, Captain Bartlett said, are eager to ssist the explorer. , The Erik started on her return voyage to it. Johns on August 20. n Davis strait the Erik struck an iceberg, which battered her bows bove the water line. She made the harbor at Mukowik, Labrador, where he effected temporary repairs, then proceeded. The remainder of the voyage was without incident. EMBEZZLED TEN MILLIONS. Danish Minister of Justice Sold Titles and Decorations. Copenhagen, Oct. 2. Having fixed the amount of his actual thefts at from $9,000,000 to $10,000,000. the Danish government is attempting to etermine to what extent the default- ng former minister of justice, Alberti, rofited by the sale of titles and dec orations, in which he is asserted to ave done a wholesale business for 14 years. The inquiry promises to be ntensely embarrassing to scores of prominent men whose elevation to the aristocracy Alberti is said to have ecurcd on payment of heavy sums, hich he afterward lost, along with t . is stea.itiRS, in uniucKy speculation. The skill with which the fallen minis ter covered up these transactions is seriously handicapping the investi- ators. From Alberti himself they re getting little assistance, tne cui- rit hav'ng utterly collapsed since his surrender to the ponce, rnysicians ay there is no pretense concerning the partial loss of his memory, ana it s the general opinion that he will not live to be punished. Failures growing out of his opera tions continue to be ot almost daily occurrence. Ut tne tormer minister s thefts about $5,000,000 were from large banks and syndicates, and the alance from private individuals and commercial houses. Former Premier Chnstensen, who though suspected of no personal dis honesty, aided Alberti to raise money through public channels to such an xtent that he was forced to resign, has spent entire days under painful cross-examination by the investi gators. Tom Lawson Very Sick. Boston, Mass., Oct. 2. Thomas W. Lawson. author of "Frenzied Fi ance," is seriously ill at his home in this city. His private secretary an- ounccd yesterday that the financier as suffering from grip, but it is feared the real trouble is the result f a general breakdown following his rduous work during tne past lew vcars. it was said at nis ouice tnat he would be confined to his home for evcral days. It is rumored among the brokers, however, that his condi tion is more serious than is admitted y his family and employes. Japs Watch Maneuvers. Camp Atascadcro, Cal., Oct. 2. The presence of several Japanese here atching the maneuvers of the troops .... as led to tne rumor tnat tney are pies looking tor information as to American military activity. The Jap- ncse have been here for several days atching the arrival of the troops and the working of the artillery. Some soldiers declare they have noticed notebooks in the hands of the Jap- nese. but this has not been verified. Chinese Emperor Insane. rckin, Oct. 2. A peculiar mental erangement from which the Chinese emperor is suttenng has been puz- ling the attendants at the royal pal- . ace tor some time ana yesteraay a consultation of the most eminent phy sicians in China was called by the empress dowager to discuss the case of their royal patient. HAPPENINGS GATHERED IN AND i AROUND APPEALS GUARANTEE CASE. Oklahoma Bank Will Test Validity in Highest Court. Washington, Oct 3. The appeal o the Noble State Bank of Oklahoma from the decision . of the supreme court of that state in the proceeding offthe bank, which was instituted to test the constitutionality of the Okla homa bank guarantee law, has been docketed in the supreme court of the United States. Governor Haskell, as chairman of the state banking board is made the principal defendant. The case originated in the Logan county district court, of Oklahoma, which court sustained a demurrer and re fused to grant the injunction asked for by the bank. The case was appealed to the supreme court of the state, where the decision of the county court was affirmed. The state su preme court held that the law was contrary neither to the federal nor the state constitution. The court will be asked to advance the case to the docket, but it is doubt ful if it can be heard before the No vember election. Vorys Was Reinstated. Washington, Sept. 30. The Interior Department has made public a letter of Secretary of the Interior Cornelius N. Bliss dated November 5, 1897, re yoking the disbarment of A. I. Vorys, of Ohio, from practice before the de partment. Mr. Vorys is a member of the political staff of Mr. Taft. The letter states that Mr. Vorys was dis barred for having withheld pension money and violating the law relative to compensation for services in pen sion cases in -connection with the prosecution of a claim. In revoking the order Mr. Bliss stated that at the time of the disbarment Mr. Vorys was a law student and disclaimed any in tention of violating the law. Cash for Reclamation. Washington, Oct. 2. Estimates given out by the reclamation service show that Oregon last year contributed . ap proximately $1,387,413 to the reelama tion fund, making her total contribu tion to June 30, 1908, $8,167,822. For the first time since the reclamation law was passed, Oregon dropped from first to second place on the list of contribu tions, due to the unexpected boom in land sales in North Dakota, enabling that state to take rank over Oregon with a lead of less than $200,000. Wash ington's contribution is estimated at $843,762; her total, $5,089,056; Idaho last year contributed $490,625 or $3,- 553,050 in all. Barrett Off for Coastr Washington, Oct. 1 John Barrett, director of the bureau of American re publics, has gone to Albuquerque, where he will address the Irrigation Congress. He will also speak before the Trans Mississippi Congress at San Francisco, and then spend 10 days in Portland, Oc tober 12 to 21. On October 22 he will have a conference with the Seattle Ex position directors In regard to participa tion of the bureau and the Latin-American countries in the exposition. Resume Silver Coinage. Washington, Oct. 3. Director of the Mint Leach has announced that the government will resume the pur chase of silver for subsidiary coin age this week. The announcement says that 125,000 ounces will be pur chased each week for an indefinite neriod. The director of the mint ex pects a strong demand for dollars and smaller coins as soon as the cotton crop begins to move and is prepar ing for it. Cholera Cases in Manila. Washington, Oct. 2 Governor-Gen eral Smith, of the Philippines, has tele graphed the war department that there were 14 new cases of cholera during the 24 hours ending at 8 o'clock Tues- dav morning and 12 cases for the 24 hours ended at 8 a. m. Wednesday. From 8 o'clock Wednesday morning un til 5 p. m. there were seven cases. 'Cholera Cases Increase. Washington, Sept. 30. The cholera epidemic in Russia is increasing, says a cablegram to the marine hospital service from a European report of that bureau. The principal centers of infection are St. Petersburg, Astra khan. Curjew, Juban, Kostow and the Don valley. Pensions in Northwest. Washington. Oct. 3. According to the annual report of the commission er of pensions, there are now 7.S62 pensioners in Oregon receiving $1.- 198.004 annually m pensions; io..ti ... . . ' ' A. . - . '1 . '1 in Washington, receiving i i.- i-. and 2,223 in 'Idaho, receiving $345,035. Straus Sniffs at Guarantee. Washington. Sept. 29. Secretary Straus today said he thought an exam ination should be made of the failure of the National Bank of Coalgate, Okla. Straus declared this case furnished the only illustration of the guaranteed bank deposit scheme. Printers Get Raise. Washington, Oct. 3. The new reg- ulation went into effect Thursday byc;sjon whether the Washington monu- which the pay of the linotype and monotype operators in the employ of the government printing office s in creased from 50 to 60 cents an hour. Cholera in the Philippines. Washington, Sept. 29. Governor Smith at Manila reports 36 eases of cholera for the 24 hours ending at 8 o'clock yesterday morning. From then until 4 o'clock 16 eases were reported as against 29 at 4 o'clock the day before. WASHINGTON. D. 0 TESTS NEW EXPLOSIVE. War Department Expects Powder Will Revolutionize' Warfare. Washington, Oct. LThe war depart merit, is demonstrating at 'Sandy Hook proving grounds, New York, with a com bination of powder ad projective that promises an effective fighting range of from 50 to 75 per cent greater than any at the command of any other army of the world. The powder used in the ex pernncnts in dunnite, an invention of Liieutcnant-Colonel Beverly Dunn. It hag an explosive -power -15 -pef cent greater man tnat ot any known powder including the JapaneSO'shimose powder The ordinary shell . or projectile used by tlie army has been elongated so as to lessen the air resistance and other wise shaped to receive the full force of the powder explosion. The preliminary tests at Sandy Hook have shown that the new projectiles nave an extreme range of from 50 to 60 per cent more than the old projectiles, In combination with the new powder the new projectile hag an extreme ranee or rrom 00 to 75 per cent more than the old projectiles. As the extreme ranee of the proiec tiles heretofore used by the army has peen as great as that of any other army in the world, the new discovery erives to this country a fighting weapon effective at jar greater range than that of any liner army. lhe extreme range of a shell ig a mile to an inch. The 6-ineh shell has range of 6 miles, the 12-inch shell range of 12 miles. GOMPERS WILL ANSWER Decides to Reply to Questions. but Under Protest. ashington, Sept. 29 That he would reply to the questions certified to the supreme court of the District of Colum bia in connection with the contempt proceedings against President Gompers and other Federation of Labor officials before the examiner, as directed Satur day by Chief Justice Claiburne, was announced by President Gomperg on re suming the witness stand. I will answer the questions," he said, "but I will answer them under protest." The objectionable questions, were not presented immediately, but Mr. Daven port, attorney for the Buck company asked regarding the publications con cerning the company in labor papers. Mr. Gomperg sought to curtail the in ouiry by accepting responsibility for many of the utterances copied into those papers. . Ipon the reading of one of the news paper clippings, Mr. Gompers reiterated the charge that President Van Cleave of the Buck Stove company and of the National Association of Manufacturers s employing detectives in connection with the contest with the Federation. Mr. Davenport protested against the harge, but?. Mr. Gompers persisted, de- laring with emphasis that it was true. Colonel Stewart Reports. Washington, Sept. 30. Colonel W. . Stewart, of the coast artillery, com manding the ungarrisoned post at Fort Grant, who is to appear before a retiring board, to determine his physi- al fitness for further service on the ctive list, has reported to the War Department. No date has yet been et for a meeting of the board. Charles Stewart, a lawyer of San Francisco, and brother of Colonel Stewart, is here looking after the lat- ter's interests. Gompers Back at Van Cleave. Washington, Sept. 30. Testifying in the contempt proceedings against him nd other labor officials, Gompers de- ared the fund of $1,500,000 raised by President Van Cleave of the Em- oyers association for educational urposcs had been used in an enort o bribe labor officials and in employ- ns spies to follow labor leaders. Gompers said he had been shadowed everywhere by detectives. Let Stewart Rest. Washington, Oct. 2 In accordance ith Colonel William F. Stewart's re- uest that he be allowed to recuperate from his journey from Fort Grant to Washington before he appears before the medical members of the retiring board, the board has decided to post pone the examination of the army offi- er until next week. Office Seekers Must Resign. Washington, Oct. 1. Consternation was created here bv the announcement that President Roosevelt had decided hat all government employes who wish take an active part in politics must resign their positions with the govern ment, and that there is no hope of their egaining their positions after the cam paign is over. Wright Asks More Time. Washington. Sept. 30. In order to give Orville Wright time to recover from his injuries recently received in he accident to his aeroplane at rort Myer, the Wright Brothers have made pplication to the signal corps for an xtension of nine months' time, or un- June 28 next, in which to make the fticial tests of their machine. Ask Roosevelt to Decide. Washington, Sept. 26. To Tresi- It will he left the de- ment is to be used as a wireless sta tion for the purpose of conducting experiments with ships at sea and possibly across the Atlantic ocean. Political Riot in Cuba. Washington, Oct. 1. Dispatches re ceived at the war department from Pro visional Governor Magoon show that one man was shot and killed and eight injured by canes and fists as a result of political disturbances in Cuba. IRRIGATION CONGRESS. Hot Debate Expected on Forest Re serve Policy. Albuquerque, N. M., Sept. 30. The proceedings ef the opening session of the 16th National Irrigation Congress, which convened in Convention Hall, in this city, at 10r30 yesterday, were im; pressive, and 1,500 delegates and 2,500 spectators, who crowded the galleries, were moved to repeated demonstra tions; It is evident that this congress is to give the major portion of its time to discussion of the reclamation of public land and conservation of" natural re sources, and it is likely these discus sions may lead to differences of opinion on phases of the government policies, particularly the forestry policy. D. C. Meaman, of JJenver, Colo., will address the convention today on "Forestry Service," and it is intimated that such criticism of the service ag may be in dulged in will come at that time. Tho livestock interests are well represented. and their desires as to the resolutions urging government regulation of. the public domain and national forests may precipitate sharp discussion. A movement has appeared, backed by a number of well-known men, to make the irrigation congress a permanent working organization, with headquar ters and a secretary, whose duty would be the collection of data and informa tion for the use of the congress in fur thering needed legislation and arous ing public, interest in reclamation and conservation work to be undertaken. The movement is finding favor among the delegates. A notable feature of the congress is the absence of men prominent or active in political affairs, and the presence of an unusual number of men who are ac tive workers in the practical fields of reclamation, and who make up a list of speakers of exceptional strength. The usual exposition, for which congress ap propriated .$30,000, and which has brought together the finest display of rngated products ever assembled in the United States, was formally opened yesterday by Governor Curry of New Mexico, following a parade of the troops of the Department of the Colo rado, ordered here for the exposition. General Bell, chief of staff, and Brigadier-General Thomas, commanding the Department of the Colorado, took part in the parade. A vigorous fight is under wav be- ween Pueblo, Colo., and Spokane, Wash., for the next session of the con gress. INCREASE FREIGHT RATES. Railroads to Make Advance Roth.Ways First of Year. Chicago, Sept. 30 January 1 the transcontinental railroads hope to be able to increase the freight rates on more than 80 commodities west-bound and on about 20 commodities east-bound between all eastern points and the Pa cific coast. Conferences are being held frequently with a view to reaching an agreement as to what commodity rates should be increased and what should remain at present rates. Yesterday traffic men admitted that all of the commodities were being gone over with a view to making increases where possible and quitable. It is stated that all of the commodities on the list, which include a number of large consumption and large tonnage, have borne ridiculously low freight rates for years. This fact, it is maintained, is due to old competition, which was wont to cut a rate in order to get business irrespective of whether or not it paid. lhe proposed increases, if they be come effective, will be from every terri tory east of the Missouri river to the Pacific coast and will average between and 8 per cent above the present rates. It is hoped that most of the in creases can be agreed upon, and it is expected that the railroads will be able to make them effective January 1, 1909. Two Towns Wiped Out. Marinette, Wis., Sept. 29. A soak- ng rain, which began Saturday even ng and continued until yesterday morning, has extinguished the forest res in Marinette county. Before the rain came the towns ot Goll and Kingsman, on the Wisconsin & Mich- ga'n railway, were wiped out, and six or eight families had to flee for their lives. The town of McAlester was aved by the residents, assisted by olunteers from Marinette. The loss o Senator Stephenson and the Saw- yer-Uoodman company in standing timber will be large. Other com panies on the Menominee river also lost heavily in standing timber. Court Knocks 8-Hour Law. Madison, Wis., Sept. 30 The su- reme court ot w isconsin yesterday ae- lared unconstitutional the railroad telegraphers' eight-hour law, lntro- lueed at the 1907 session of the legis lature. The decision is based on the ontontion that the state law conflicts ith the provisions of the federal con titution giving congress the power to regulate interstate commerce. It is also given as a basis for the finding that ongress already has passed a law fix- ng the hours tor tne employment or railroad telegraphers. The decision is the result of a test case. C. P. Strike Nears End. Winnipeg. Man.. Sept. 30 It is ex pected here that the Canadian Pacific trike will end before midnight. It is nown that delegates left here Sunday ight for Montreal to see Thomas Shaughnessy, of the Canadian Pacific. with terms satisfactory both to the western strikers and the western inter ests of the railroad company. If the strike is declared off it will be the re suit of a compromise, leaving the situa tion the same as whea the strike was called. Surveyors General to Meet. Hoise. Idaho. Sept. 30 D. A. Utter surveyor-general of Idaho, has invited the surveyors-genernl of Oregon, Mon tana. Washington. Wyoming, Colorado Nevada and Utah to meet here at a date to be named later for the purpose of eonsidering uniform plans for con ducting their work. FOREST FIRES EXTINGUISHED Long Continued Drouth In East Has Been Broken at Last. Village In Adirondacks Had Just Been Destroyed When Downpour Came Snow Fall Is Reported in Mid dle West Cold Wave Due East of Rocky Mountains. Washington, Sept. 29. The drouth which has prevailed over the entire eastern section of the United States for months is broken. Rain has been general over the entire affected area. The weather bureau announced last night that the heavy rains would be followed by a drop in the temperature today. Forecaster Garriot said it would be about 25 degrees cooler. Rainswill cease tomororw in the Mid dle Atlantic states, but may continue for 24 hours longer in the New Eng land States, which, until late yester day, had not shared in the general precipitation. Adirondack Village Burned. Utica, N. Y., Sept. 29. Rain began falling at Clearwater and Long Lake yesterday and it is reported that indi cations are for a sufficient downpour to stop the fire ravages. A fire which destroyed the village of Long Lake West, causing a loss of $125,000, swept through the forest so rapidly that the firefighters had to flee for their lives. It is reported that during the fire four tons of dynamite, which had been sent in for use upon the railroad and in fighting the fire, exploded, causing great destruction in the immediate vicinity and badly twisted the tracks. Reports indicate that many exten sive private preserves in the vicinity of Long Lake West are being fire swept. Chasane Park, Dr. Seward W'ebb's estate, is burning and there are fires in Harry Payne Whitney's 80,000-acre estate. Rain Falls in New York. New York, Sept. 29. The long drouth in New York, New Jersey and Pennsylvania, which has resulted in serious forest fires, stopped industrial pursuits and caused a water famine in many districts, has been broken by rainfalls. The drouth, which has been the most prolonged in many years, has lasted about eight weeks. So serious have been its effects, especially in the country districts, that prayers have been offered up in many churches for relief. Rain Puts Out Fires. Glens Falls, N. Y., Sept. 29. -The forest fires that have been raging in the foothills of the Adirondacks in this section for several weeks were extinguished yesterday by heavy rains. WHAT IS HAWAII? Judge Dole to Decide Important Cas Involving Status of Islands. Honolulu, H. I., Sept. 29. Is Ha waii a territory of the United States, as Arizona and New Mexico, or is it an insular possession, as Porto Rico and the Philippine islands? This is the question that Judge Dole of the United States district court has been called upon to decide and attorneys alt over the islands are awaiting the an swer to the question, as it will effect the status of nearly every legal prob lem that has come up for solution since the annexation of the Hawaiian islands. The issue was raised in the case of Manuel Perez and Augusta Walsh, indicted under the-Edmunds act. A plea of former acquittal was filed by the attorneys for the defense, it being alleged that the defendants were prosecuted for the same offense and acquitted in the district court last April. The point of law raised by this plea is whether there are two sovereignties or one in Hawaii. If there are two. as in a state or territory of the United States, a former acquittal in the courts of one jurisdiction is not a defense in a court of another jurisdiction. But if Hawaii is not a full territory and there is only one sovereignty, an acquittal in any court is a bar to further prose cution on the same charge. Cholera Claims Many Victims St. Petersburg, Sept. 29. The num ber of new cholera cases in the mu nicipal hospitals for the 24 hours ended at noon yesterday was 2f3 and the deaths 1W. The statistics for the previous 24 hours were 2" and 143, respectively. Eight hospital attend ants have come down with the disease and the other attendants are in a state of panic. Great difficulty is being en countered in persuading them to re main at their posts. Premier Stolypin has written a sharp letter of censure to the mayor of St. Petersburg re garding the conditions Sternberg's Successor Named Berlin. Sept. 29. While there is no official confirmation as yet. it is be lieved here that Baron Mumm von Schwartzentein. present ambassador to Japan, will be th.e successor of thvi 'ate Baron Speck von Sternburg as ambassador to the L'nited States. It is known that Baron von Schwartzen stein has indicated his desire for the Washington post and from informa tion obtained it seems that he is con sidered the most likely aspirant. Cholera Declines in Manila. Manila. Sept. 29. The cholera con tinues to decline. Bnt 10 cases were reported during a period of 12 hours yesterday. Mrs. C. A. Carter, an American school teacher, is among those stricken.