Daily capital journal. (Salem, Or.) 1903-1919, January 19, 1915, Image 1

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TIIIR'i VENTH YEAR
liLifiilraiisiM
OVER TEH HOURS IN
MAKING REPAIRS
The Supreme Court Reverses
Judge Benson In Famous
Ten Hour Law Case
NEEDED REPAIRS MAY BE
MADE IN TIME FOR WORK
Other Important Rulings Are
Made By Highest Court
of State
Holding tlmt when en employe of n
factory, mill or workshop within the
inclining of the ten-hour lubor statute,
in employed in the making of needed
repairs to the machinery of a plant
nver the ten-hour limit in not u viola
tion of the ten-hour workday law, the
mipromo court this morning reversed
the. decision of Judge Benson, of the
circuit court for Khimuth county, und
discharged the defendant la the cnse
of the state vs. .lumen Young, opinion
by Justice Bean.
Thin is a case in which Young, who
owns and operates n sawmill in Luke
county, was convicted in the triul cirtirt
of violation of the ten-hour luw in em
ploying one William Harvey for more
than ten hours in one day without pay
ment for overtime. It was shown that
llurvoy was engaged in making needed
ropnirs to the mnchinery f tor regular
working hours. The whole question
rested upon the interpretation of the
word "necessary," which Is contained
in one of the exemption clauses of tho
ai t and the court holds thnt nnv re
pairs that are needful to the nmch'inorv
of any plant, which, if not made in
time to ovoid serious accident might
involve danger to life and property, nre
"necesKiiry1 within t4ie meaning of
the statutes, and while the defendant
i discharged trom violation of the
urnture, tlie ten-hour law Is ulso up
held. On the ground Hint It Is apparent
that two executions were attempted to
ho filed upon ono judument and the
name property In satisfaction of a judg
ment for ulimony, Justice Benson, of
the supreme court, ordered that th
second writ of execution against the
property of C, K. Lmnpninn and re
versed the decree of Judge Kelly of the
circuit court for Marlon county. The
suit for attachment wn brought by
Kathleen l.nmpnmn, divorced nifo of
tlie defendant, ('. K. I.nmpinnn.
Opinions in other eases were:
Harry Htires, nppellaat, vs. Benin
m in F. Hherwood, et. nl., nppeal from
Multnomah county: W. N. OatenB,
judgej appeal dismissed. Opinion In
justice, ltumett.
Rx pnrto Jung Hhlng, alius T.oule
King, writ of hnliens corpus; disnilsnoi'
by Justice Hnrrls.
John Htirggrnf, respntnlent, vs. Mol
ly nnd (I. W. Broch; from Multnomah
county; Judge Davis affirmed. Opin
ion by Justice Knkin.
DuDuia Lumber Co., nppellant, vs.
Clutsop county, et. III.! from Clntsop
county! Jmlge Knkln affirmed. Opin
ion by Justico Bonn.
T. K. Anderson et. nl., plaintiffs and
respondents, vs. Grant l'hegley, defend
ant, nnd Kmmtf 0, Koblnson, nppellnnt;
from Josephine county! Judge Calkins
affirmed. Opinion by Justice Jlnrris.
F. X. Iluester nnd II. C. Itasen, et.
i., respondents, vs. 1'. A. Alvlnj from
Multnomah county; Judge Kavnnaugh
affirmed. Opinion by Chief Justice
Moore.
Klamnth Lumber company, appellant,
vi. Htelln M. Bambcr mill liiislmnd
from Klamath county; Judge Benn nf
firmed. Opinion by Justice Burnett.
I'etitlons for rehearing were denied
In the canes of McCarthy vs, llelbllng
( motion to recall mandate); Gunton
heln vs. West; I'felffer vs. 0,-W. K. t
N. Co.: Joscoh Milllnir Co v .I.,-,,,!..
.H'rlker vs. P. R I & , f,. state
vs. Chnplni Hhnrkcy vs. Portland Ons
4 Coke Co.; Van Brakle vs. State
Hoard of Health; Hchool District No.
H-1 vs. Lena H. V patch.
Murderer Makes Escape
From San Qucnlin Today
Nan Ouentin. ( nl .tun 111 r.l.....i
1 orpin, serving a lifo term nt. the San
y m'lit in prison for murder, escaped to
day mid Is nt large sniuenlicre between
fail tjuentln and Snn Hnfnel porsur.l
by score of armed guards. 1'ijnon
officials say they don't believe the
'ti is armed.
Turpiu has been a member of the
prinoii scavenger gang of ten convicts
working at the cemetery a mile out
side the prison walls, These meu wore
under the supervision of a single guard.
Tnrpln obtained permission from the
g mrd to go to the tool house nonrhy
ud did not return. An investigation
showed that the tool house was empty
and Turpln nowhere In sluht.
FOUIEOF!
Supreme Court of United
States Has Doubts of Guilt
of Georgia Man
Washington, Jan. 19. The United
States supreme eourt today ordered the
oxcution of Leo M. Frunli, of Atlanta,
tin., stayed, and diiected that he be
held in custody until further notice.
Had the highest tribunal not inter
vened, Frank would have been executed
in (Ivorgiu next week for the murder
of Mary J'hagnn.
Frink, u well-to-do Jew, was superin
Icnd'.nt of an Atlanta pencil factory.
The murder of Mary l'liiignii occurred
on a holiday nnd nt a time when Frank
and a uegru junitor only were in the
factory, she culled ut the pluut to
collect a few dollars due her umt win
never seen nlivo ugain.
Ki'inli paid her t.ie money and alleged
lhat, so far as he knew, nhe left the
bull ling immediately, A dav
later, however, her body wus found in
the baHumcut of the building. The ue
gro janitor, who bad served several sen
tences in iail for minor ul tenses, BWorc
Hint. Frank had killed the girl ami
had ordered mm to write a note to
Mary's mother, asserting that she hud
been attacked by a "slim bluck nig
ger." The janitor snid he signed
Mary's name to the note.
Frank is a married man ami a grail
uto of Cornell university, Investiga
tion showed that bis character was
above reproach but he was arrested nnd
charged with the murder. His attor
neys claimed that the murder uf Mary
rinvnn came us the culmination of Li
homicides la Atlnntn in nine mont'.is.
The police, they said, had obtained no
convictions in these enties, ami were
charged on all sides with incompetency.
"Then," suid one of tlie defense at
torneys, "they nrorsteil Frank and con
cocted the whole case against him."
. Three witnesses, who testified nt the
triul which resulted in Frank's convic
tion, have sworn under onth that they
testified falsely against Frank at the
institution of the prosecution, After
the jury had returned its verdict of
guilty, the triul judge gave out the
following statement to the newspapers:
"Although 1 presided duily nt tho
trial, I do not know oven now whether
Frank is innocent or guilty."
Sudden Impact Against Tree
Stirs Councilman to Action
Under the head of a particularly In
formal discussion which Councilman
.McClelland aptly eharucterlled as "for
the good of the order," n number nf
small incidental mntters for tho better
ment, of the city were brought up and
presented to tho attention of the coun
cil following the meeting last evening.
Councilman MeClellunil, when lie had
the floor, told of his experience with
an onk tree out on South Twenty-third
street In his wnrd nnd also testified to
the luck of street lights in this dis
trict. "I wns going hnuie the other even
ing," said McClelland, "when it was
so dark out there thnt I could not see
three feet nnd right In the middle of
tho sidewulk I met an oak grub bend
on. Kersmnsh, I hit it full In the mid
idle, and, thinking it wns soiie pedes
1 1 riii n stumllng in the middle of the
walk, I excused myself for my careless
ness and suid: 'I beg your portion,
sir.'
I "I received no nnswer, nnd you can
i imagine mv surprise when I found I
bad bumped into an onk grub. Now
there Is no necessity of that tree in
the middle of the sidewulk and X would
like for the proper measure to be ta
ken to see that it don't hump into any
ken to see thnt it doesn't bump Into
anyone else."
Why does not some Mexican patriot
effect a compromise by having the
various preiiidents Constitute a com
mission form of government for
Mexico!
o.'-vW.;:'.v-'':
RIDICULE
IDEA Or GERMANS
CIRCLING VERDUN
Believed That Scouting line
of Kaiser's Force May
Complete Circle
VERDUN'S STRENGTH IS
NOT ITS FORTRESSES
Long Trenches and Secreted
Batteries Protect Gateway
to Paris
By J W. T, Mason,
(Former European manager of the
United Press.)
Now York, Jan. lt.-Germun renorts
that the French entrenched camp of
Verdun has been encircled have not
been substantiated. Pariii ridicules
the statement. It is probable that the
"in uiapuicues menn at most that a
thin scouting line has "passed around
tho French position, not that an in
vestment force linn settled down to a
formal siego of the famous fortifica
tions. indeed, a siege of Verdun lias be
come an impossibility. Since thn Onr-
man 42 centimeter guns demonstrated
their superiority over all modern forti-
rieit places, the defensive strategy at
Verdun has been radically nllnpn.l
Llaborated eonstrucied forts of steel
and concrete me not protecting the
corner of the eastern ontowav to
! ranee. Trenches nre now doing the
" "t permanent. roitilicnMons.
Kxteudiiiif for miles bovoud the for
est nre artillery nnd Infniitry positions
do? into the earlh or concealed in the
woods,
These defenses, not anticipated at
the beginning of the war, have been
I ropnrcd since the -12 centimeter
demonstrated the fulilitv of fortress
win fare. Field tactics, therefore, and
not immobile artillery defenses or
oerinnnent fortifications are protect
ing Verdun,
It is probable thnt the Verdun forts
have been denuded of their (funs,
which have been moved forward to the
buttle front for operations in the
open, were It not for this quick
change in defensive methods adopteiM
iiy me rrencn, tne vcrilun lorts would
now be crumbled ruins. The French
warfare, thus adopted, makes an in
vestment impossible, or rather robs the
term "investment" nf its former
nisnulng. To surround Verdun now
moans to dig an outer circle of en
trenchments facing tho trenches oc
cupied by the French. To Jo this safe
ly would reqniru a stupendous army.
It would necessitate also the radical
extension of the (lerinnn battle froul
in order to cut off the main French
communicntloiis with Verdun.
Furthermore, Verdun, ud doubt, has
been plentifully stocked with ammuni
tion and food. The encircling enemy,
therefore would be unablo to force tlie
surrender of the trenches because of
exhausted war stores. The two circles
of entrenchments would constitute op
posing battle linos, and local en.'iage
ments would comprise the warfare.
Such a ring would duplicate, on a small
scale, the problems of tho present fight
ing from tne North sen to tho boundury
of Lorraine,
Those nro the reasons why tho fate
of Antwerp and Miiubcugo has not
overtaken Verdun nnd why it probably
will not.
J. C. Dowling Injured When
Clothing Catches in Machine
.1.' ('. Dowling, formerly superinten
dent of the Willamette vnlley division
of the Portland Railway, Liglit 4 Pow
er eiopany, anil at present chief elec
trician of the Willamette. Iron & Hteel
company of Portlund, was seriously In
jured this morning at their plant In
Portland. Ills clothing was caught on
some shafting which tore off ono knee
cap, broke the other leg iu two places
and severed one arm frivn tho body at
the shoulder. He wns taken to a Port
land hospital but no further particulars
have been received. Mr. Dowling, hn
wife nod two children resided in Salem
two years, leaving one year ago last
September, and he has many friends
hero to whom the news of the accident
will come as n decided shock,
The Weather
Oregon: Fair to
night and
Wednesday i
winds mostly
easterly.
'011 1
SALEM, OREGON, TUESDAY, JANUARY 10, 1915
Lower Body Approves Dillard
Census Bill Identical With
The house adjourned at 3:10
this afternoon until 10 o'clock
tomorrow. The senate adjourn-
ed at 3 o'clock until the same
hour.
Three bills passed the house
this afternoon: H. B. 30, by
Anderson, of Clatsop; II. B. 23,
by Lewis, and H. B. 12, by Hus-
ton.
Three bills were passed by tho house
thia morning, Ou3 of which wns the
Dillard bill, providing for the repeal ol
the old stntuto requiring the taking of
a state census every five years, alter
nating with tho federal census, and
identical with the Dimick bill passed
by the senate last week; and nnothct
waa the Huston bill, providing for the
preservation of waterfalls, streams and
other acenic benutics along the Colum
bia river, and the third was the Jack
Bon county delegation bill ceding to the
t. niteu States jurisdiction over Crater
Lake National park. The Lewis bill,
providing for an increase in tho number
of challenges allowed each party in se
lecting jurors in civil eases from three
to five, wus killed by indefinite post
ponement. While the Jackson county delegation
bill, ceding Crater Lnke park to the
United States, was up for considera
tion nnd final passage, Miss Marion B.
Towue, of Jackson county, tho first
woman member of nn Oregon legisla
ture, delivered her maiden speech of
the session nnd won the additional dis
tinction of having been the first wo
man to have addressed nn Oregon le
gislature from the floor of the house.
I'pon recommendatiun of the judi
ciary committee, the' Scheubel bill, pro
viding n three per centum tax upon
the gross receipts of sleeping ear com
panies, refrigerator car enmpunios nnd
pil companies, was referred to the com
mittee on assessment and taxation.
This move, it is understood, wns made
to avoid the defeat 'of thn measure
through an unfavorable recommenda
tion from the judiciary committee nnd
his companion bill to this, providing
for n per centum tax upon the gnws re
ceipts of express, telephone und tele
graph companies, now in the hands of
the ways and menus committee, will
probably take t!'c same course an the
ways, and means committee is inclined
to report the bill unfavorably on the
ground that it Is opposed, to the policy
of heaping unnecessary burdens of ex
pense upon public service corporations
during these times of finnnciul stress.
Nineteen now measures were intro
duced in the house this morning, among
tho most important of which were sev
eral introduced by Chairman Davey, of
tlie committee on printing, which re
peals nil old statutes requiring that the
printing or certain department nf
state be puid for out of the printing
tunii. i nose lulls contemplate the re
dnetion of a great amount of printing
expense incurred ny the state depart
mentH every two years nnd In thn In
terim by providing that nil printing by
these departments bo pnld out of their
mnintennnce fund. The department!
mentioned In these billa include tho In
heritance tax fond, superintendent of
public, instruction, state fair directors,
forestry deportment, stnto board of
health, bureau of labor and stnto li
brary board.
Reprcsentntlve Blnnchard'a bills pro
posing to change the meeting of the
legislative assembly from the odd to
the even yenrs and the time for filing
Initiative measures with the secretary
fstato to on or before the first of
January of the legislative years, as out
lined in another story In this issue,
were nlso introduced in tho house this
morning.
The following bills were introduced
in the house this morning:
If. B. I1!H, by Blnnchnrd Fixing the
time for filing Initiative petitions.
H. B. Utt, by Illnnchard Changing
time for holding legislative assembly,
H. B, 130, by Cnrdwoll (living drug
gists right to sell alcohol on prescrip
tion. H. B. 131, bv Stott For relief of
Miss Klin Kllefson, 100.
II. II. 132, by Schuebcl To Instruct
school children on harmful effects of
alcoholic liquor.
II. B. 133, by Anderson (Clatsop)
Relating to capture of young sturgeon.
II, H. 131, by Hunt Changing fiscal
year for state business.
II. B. 135, by Vnwter Limiting In
heritance tux liens.
II. B. 13(1, 137, 138, 1311, HO, 141,
MS, by committee on printing Itcipiir
Ing several departments to pay for
printing out of their appropriations,
H. H. 143, by Child Relating to
letting contracts on public buildings,
II. B. 114, by llinkle (lovernlug
election of rounty school superintend
ents.
H. B. lift, by printing committee
Requiring departmental printing by re
npcetlve department.
II. H. 140, by Jones Abolishing Im
nnhn gnme reservation.
II. B. 147, by Ilnrrow Limiting
day's cntch of rrsb to 00.
Judge Lindsey Attacks Sage
- and Carnegie Foundations
Denver, Colo, an. 18. Bittor denun
ciation of the men behind tho Rockefel
ler, Sage and Carnegie foundations, un
der investigation iu Aow York by tho
federal industrial relations commission,
was voiced tulay by Judge Ben B.
Lindsey, of the juvenile court hero.
"If the commission," said Judge
Lindsey, "calls tho .attention of the
people to the fact that it is with their
money that the Hockofoller, 8ago, Car
negie and oher foundations aro main
tained it will have fulfilled its purpose
for the present.
"The industrial government, with
headquarters1 in Wall atrcot, is much
more powerful than the political gov
ernment at Washington. When tho
people cease to realize that the prime
object of tho Rockefeller and other
foundations is to maintain tho false
economic system existing, then wo will
face the greatest danger in history
industrial slavery. We will be building
toward a new fatalism,
"The Bubtlo violence of capital is
bciag felt with full forco. Capital
controls our institutions of learning and
the establishment of foundations that
tho rising generation may be brougot
up in the path the industrial masters
would have them go will breed moro vio
lence for labor. The violence of cap
Editor of Silverton Journal
Arrested For Publishing
Lasenon Affidavit
J. E. Hosmer, the editor- of tho Hil
vcrtou Journal, was arrested this morn
ing on a charge of criminul libel on
an indictment returned by the special
grdnd jury which finished its session
last wock, The specific chargo against
tho editor is that be republished the
alleged affidavit of Mary Lascnwi us
soon as ho was released from the county
jail and in the first issuo of his paper
alter no roturmal to Silverton. Jn the
article containing the alleged affidavit
he defied tho Cuthclic sisters of Mt.
Angel to proceed against him further.
It is dunned that in this issue he
rciteruted all of too charge ho had
claimed against the Cntholica of Mt.
Angel and which resulted in his incar
ceration in tho comity jail upim convic
tion of libel in the circuit court.
Hosmer alleged thnt ono Mary Lase
non wns a nun in tho Mt. Angel con
vent and that she esenped and made
her way to tho home of a minister in
Hilvertou and in the presence uf aover
nl people made serious charges against
tho convent heads. The publication o
t.i in affidavit resulted iu tho bringing
of libel ngninst Hosmer and a suit for
30,000. Hosmer wu confined to the
county jnil for several months after
his conviction.
Hosmer gnve .ICO bond for his ap
pearance in thn circuit court of this
ci.mty ami Hheritf F.sch returned to
thia city from Hilvertou this afternoon.
Hosmer inmlo no statement after his
arrest and the sheriff permitted him to
go on his own recognizance to find
bondsmen. Tho bondsmen worn secured
nnd approved in the justice court ot
Hilvertou, ilmmer will be arraigned in
the circuit court early next week.
Governor Wltliycombe this morning
received the resignation of Colonel
Jackson, Inspector general of the Ore
gon National (lunrd, to take effect si
multaneously with that of Adjutant
(lenenil Fln.er, whose retirement, It is
claimed, was forced in order to make
room for tho appointment of his succes
sor, Captain (leorge White, of Port
land, tlovernor Withycombn returned
the resignation of Colonel Jackson with
the request that hi action be recon
sidered.
It nn been Insistently intnnnteil
thnt Colonel Jnckson tendered hi res
ignation out of sympathy and in retal
iation for tho treatment of Adjutant
Ldenernl Flnr.cr, with whom lie has
worked ao harmoniously ami in accord
for no many yenr, and it has nlso been
reported that Colonel Jnckson' resig
nation wns tendered in anticipation of
receiving Bitch a request from tlovernor
Withyeombe, but both th"so rumor
,were emphatically denied in tho gover
nor office na being absolutely with
out ground. In giving out a statement
regarding tho request for reconsidera
tion of Colonel Jnckson' resignation,
(lovernor Wlthycombo said!
"I have alwny regarded Colonel
Jnckson with the wnrmost personal
tn.Mt.l u.l ..t.,fI..L r,. E,l,n II. a
)ilghcst admiration a a military man.
Indeed, hia presenre nt my inngural re
ception wns ono of the most pleasant
event or the evening, i sincerely nope
Colonel Jackson will reconsider Li ao-
PRirrc two rrcxrTa 0N teaikb ajto newb
- w vuil JIU
ital is oppression, built on an economic
system which permits a fow ta reap
the rewards of the work of thousands
and then to distribute that wealth so
tho system can be maintained.
"If the foundutioiiB were really de
signed for the work they would "have
us believe, their first step would be to
destroy tho system which makes such
foundations possible.
"Thousands nf dollars have been sent
to Europe for the suffering Bolginns
by men identified with tho interests
tho foundations represent. No ono has
over heard of our own Bufforers being
bo Bided. H. O. Phippa contributed
W00) to starving Belgian children. At
his back door in Colorado) tiicro are
thousands of starving women and chil
dren, victims of industrial warfare.
Thoy nre as innocent an the Belgians.
But Phipps hns not contributed ono
cent for their relief. By maintaining
the conditions under which his hirelings
livo, Phipps is able to nrnnsa hundreds
of thousands of dollars yonrly."
Judge Lindsey said ho did not tnko
the attitgdo that foundations did no
good. Ho said there wns no doubt that
thoy aided in the building up of insti
tutions to alleviate certain effects. Hut
he insistod they always built in tho
direction they wanted tho development
to go.
EREC
President
Thompson Is At
Albany at Bedside of His
Father
The eiinto was opened by Senator
Moser thia morning acting a proxy for
President Thompson who wns callod to
Albnny by the sicklies of bis father
Rnfu Thompson, one of the pioneer
resident of thnt city. Senator Wood
wa called to tho chair and presided
throughout tho forenoon.
Tho most important matter con
sidered during the morning was the re
consideration of HeiiRto Joint Memorial
No. 2 which wa approved by tho up
per house yesterday afternoon.
The first, business of tho morning
was lengthy debute upon tho subject
of rcculling the memorial from the
house. This was finally accomplished
and after moro discussion thn measure
waa Indefinitely postponed, a squabble
over tho rules occupying considerable
time.
Henntor Moser raised a point ot order
demnudiiig thnt the motion to in
definitely postpone wna out of order
until after a motion made by Henntor
Hutler to refer to cominittco was dis
posed of. Dictlonnrie, Robert' Rules
of order and many other documents
wero presented In ovldeiico before the
matter wna fniully settled.
The memorial urges tho adoption of
house resolution No. providing for
the retirement of civil sorvico em
ployees nnd providing a pension for
them.
Three bills were pnssed, aeiialn bill
No. 44 by Henntor liiiiigguth permitting
Inking nf testimony outeido of the
stale by litigant, Henntor Moser 's
Hill No. 3il referring to counter claims
and Henntu Bill No, 30 by Henntor
Ht raver chniiRing tho time of holding
court in tho Kightth Judicial District.
The joint resolution introduced by
Henntor llurlnnd providing by a com
mittee consisting of three from the
senate and four from thn house to in
vestigate tho asylum was approved by
tho senate this morning.
In keeping with his program of
economy and retreuchmentj which he
hns mapped out with a view to cor
recting the extravagant system of tin
nt ion ami particularly as it applies to
Junn founty, Henntor Bingham this
morning Introduced a bill proposing to
limit the levying of taxes for the year
101.1 to the amount levied on the tot n I
nsHcssed vuliio of tho year IIII4, plus
six per cent, und for each year after
1015 the tax rules nre to lie limited so
ns not to levy a greater amount of
revenue than was levied tho preceding
year, plus six per cent.
Henntor Hlnuhnm'a bill extends end
limits this authority of levying tax
revenues to include thn legislative as
sembly, and every city, county, town,
school ami road district in the state;
Iu cnse nn Increase over this rntlo is
deemed necessary the question Is to be
submitted to a vote of Iho elector of
the county, town or district and it re
quires a,' two-third majority to au
lliori.e an increase, but it doe not
apply t nn inlditinnnl levy to provide
for the payment of bond or wnrraut
indebtedness created prior to tho en
actment of the measure. A violation
of tho provision of the mensuro eon
titulc a misdemeanor and any officer
or officers responsible for such viola
tion are subject to a fine of not ex
ceeding tl.OiKI and thn statn tux com
mission I delegated with tho power nf
administering and enforcing the pro
visions of the act,
tlon, and will remain with the flunril.
Huch action will bo appreciated not
,nnly by myself anil the officer nf the
(lunrd, but by all who know thia vet
eran friend of tho stnto."
STANDS riVB CENTS
CLAIMS OF SUCCESS
IDE BY FRENCH IS
DENIED BY BERLKI
Artillery Fighting Continues
In Region North of
Arras
NO DEVELOPMENTS OF
IMPORTANCE RELATED
Dispatch Declares Russian
Assaults in East Have
Been Repulsed
.
THE WAS LINEUP.
Russian Poland Pet.rograd
cluiins (lerniuna driven to fron-
tier of Pluck province Mlawa
destroyed by constant cannon-
ailing, Aiistro-ijiorman column
advancing against Warsaw
reached , Opocimo. Hermans
claim general success in Inland.
France French claim cap-
tu fed additional German field
works iu LnPretro forest and
southwest of Mot,. Berlin do-
nied these claims. Lull at Hois-
sons; (lerninn reinforcing thero
for renewed offensive.
Germany Captain of Ameri-
enn steamer Greenbrier, at lire-
mnu, charges British naval of-
ficers hauled down ship Amor-
lean flag, hoisted I'nion Jack
nnd otherwise insiilied Anier-
it icun colors.
k A lis! rift Vtnniio olnlma Attu. to
triuns captured Russian trench-
.en near akliczn, Russian tsay
x ruiisyivnnia campaign proceed-
ing satisl'iictorilv.
Tiirkoy - Respite numerical
it linnCt-lnl-Ht. llnlltinn nHnmftt In J
outflank Turks in Caucasus do-
reated, oiistnutiutipio claims.
Belgium and Alsace Fog and
snow hampering operation.
Berlin, by wireless to London, Jan.
10. Tailing direct issue with tha
French statement, the official German,
statement issued this afternoon by thct
war office denied claims of French
successes nt Laltoisclle and in tbo for
est at Lnl'retre.
It Is declared that artillery fighting;
continue north of Arms, near Laltoi
elle to the east of HoiHsona us. I in
Alsace but Hint there have been no im
poitnnt development at any of thos
places. Only nt Uiltoisello ay th
statement, have thero been evidence
of a renewal of Infantry fighting.
Ili'flvy snow and fog generally inter
fern with thn operations in the west.
The war office declnreil Russiun as
saults In mnny plnees in the eantnrn
theater have been repulsed and that
several hundred Russians havn been
captured. Muscovite defeat at Nad
onnw, Cjoshun and Hierpor. are given
especial mention.
Unfavorable weather nt ill prevent
continuation of the German drive to
ward Warsaw, the statement adds.
Tha Russian Report,
Putrograd, Jan. 10. Bloody fighting
for possession of the northeast section
of tho province of I'lock, in Russian
Poland, has resulted in a decisive de
feat of tho Germans, according to of
ficial announcement by the war of fir
here today. The enemy has been
forced buck to tlie frontier, the Btnto
ment ndds.
This I tho district through which
General Franco!' German army at
tempted to advance toward Wumiw
....I ...... .l,- n..,i tilltiiFV nvnurta
believe It indicate the defeat of nn
other serlou Gorman offensive iu thu
section.
The announcement report artillery
duels and sporadic Infantry fighting
east, nf Mlawa. Tho town of Mlnwn
Itself ha been reduced to benp ot
ruins a the result of successive bom
bardment, and the country thereabout
Im been completely devastated.
It Is unofficially reported the shat
tered German column are re-formlng
and receiving reinforcement in tha
vicinity of Haiut Rypid nnd plan an
attempt to resume the offensive.
The main column nf tho Austrian
and German, advancing toward War
saw from Iho south h reached Opoce
Bllll. Wlliposi xroin Him "no
......r;,.,,11if In linve bnnn ilehteil
south and west, of Hudoin, where th
Hussion re atrongiy lomuca.
....-nl.. 1. .1,1111, In iiTlirtC teit at RiiiloirL
Fvrni" imi'v-K - I
a the Russian regnnl it a the key
to the Warsaw pusiiniim.
MILLIONAIRE DIES.
Han Francisco, Jan. IP. K. W. How.
ard, nged 45, millionaire capitalist of
u.... f..t ...ul.l....t nf tint llnni.t
Cattle company and prominent poloi
. ... .A Item . M lj.l.H
piaver, men ut ii.. n. i. ,.y
the Adler auitui'ium a the reiull of
Injurle received In an elevator acci
dent at the Califronln Paolfic building
hero two week (jO, ,
M