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Show OGDEN, IX. NUMBER 79. VOLUME TJTAI--I WEDNESDAY, ELECTORAL VOTE OF THE SiHTl FEBRUARY 8, 1905 LOF DOMINGO NATION CANVASSED TODAY STATtMENT TODAY Leaves for Chicago Today In the Custody of Made a Lengthy ArguInto Powers 015 Yet ment No Contests K. YuRK gadc On Demurrer Johann Hovh. the alleged Chicago "Bluebeard. Statement toAmended to Objects day waived all rights and consented to return to Chicago without fighting extradition. He was in charge of officers this Hfternoon. the proceed judje Power opened of the in the resumed hearing election contest before Richard Roe and other persons. At the conclusion of the reading of in the Second district the amendments an judge Morse adjournment was taken for lunch. morning. (ourt this More witnesses are to be subpoenaed auditorium of the Al osusl the inter-ute- d in behalf of Judge Rolapp. A blank filled with was courtroom was signed today ana will subpoenae n number of spectators and a be served in due course, but who the not engaged in the case occupied witnesses are has not been dlvluged. -. AFTERNOON SESSION. tt urithln the bar. Among the specWhen court resumed Judge Maglnnis the morning session were oru and asktd as a personal privilege to state gtate Ef"lnr Hollingsworth Xuchler. that a report had appeared in the Salt counsel present were Judge O. Lake Tribune that he had made an w fws and Cl c-- Richards for attack upon Judge Rolapp in his argument yesterday. He desired to state and J. N. Kimball, W. I g T. Hulanlski and A. R. that he did not use the language attributed to him and there was no one jood for Howell addressing the court. Judge Powers that had, personally, a higher respect Hid that they had prepared certain for Judge Rolapp, and he did not beamendments to the contest statement lieve that his language could possibly be construed as it had been. along the lines Indicated by their last evening and also indicated Judge Morse said he never heard certsuch language used as was published. by the court He would submit ain authorities bearing on the proporJudge Powers said that he had listion and by so doing and submitting tened very closely and attentively to the amendments he thought It could Judge Maglnnis' arguments and he did He did not not hear these words used and did not be done more intelligibly. expect his honor would hold that the believe they were used. The statement which appeared in Ifgiilature had no power to legislate oa the matter of election contests and the Salt Lake contemporary, and bad exercised that power. The statutes, which exception was taken to. wan be averred, are calculated to purge that Judge Rolapp had made the orto ders in this case that he had made from the question of an election offlee all matters of an ulterior nature simply because he was in office and and hence when a contest was once Inhad the power to do so and that he had augurated It was a principle of law exceeded his authority. that the statutes be liberally construed The incident closed and the case was -- HB.r-Howe- Il law-ye- -- Ma-Tpi- - f T' te j . and so construed that effect given to their provisions. He contended that It would will be proceeded with. J. N. Kimball stated that Mr. Hey-woo- d be abswas to close the argument on olutely impossible to contest an electthe demurrer, but he desired at that ion if it had to be done after a conv- time to Interpose an objection to the iction. If to contest the validity of filing of the amended statement on in election it was necessary to obtain the ground that the forty days specia conviction it would render null and fied by statute in which a contest can told the statute which provided that be raised had elapsed and they could the contest should be brought within not now file an amended statement duty days after the election. This was which changed the substance of their sot an action to oust or remove the allegations. official because of the forfeiture of the his When Mr. Kimball concluded office on account of misconduct. It argument It was evident that the hearne s contest as to eligibility to hold ing of testimony would not begin today office to Investigate If certain crimes so the witnesses were excused until had been committed thus involving 10 o'clock tomorrow morning. the rontestee's eligibility, not to conC. C. Richards made answer to the vict him of any crime. He also replied of Mr. Kimball. Counsel's argument to the point raised by the contestee as contention was that while the forty to the sufficiency of the contest stateday period specified in the statute opment and read a large number of aut- erated as a statute of limitations, still horities on all the points involved. when a contest had been filed within It was nearly noon when the judge the legal time which contained allegacompleted his argument. He then read tions founded on good grounds, ' the the amendments to the statement, court had then girted Jurisdiction nineteen in number. The amendments and amendments were permissible at In no way change the materiality of sny time. the allegations but are simply an Mr. Richards had not concluded empliflcation of them. when this report closed. In a number of them the words to YESTERDAY AFTERNOON'S the contestant unknown have been PROCEEDINGS. inserted, referring to those whose votes Mr. Kimball, continuing his arguin alleged to have been purchased and ment on the demurrer, objected to the the allegations are further amplified contestant's statement where it stated fcl the Insertion of the words thnt the that Judge Rolapp had received more roetestee not only promised to proc- legal votes than Judge Howell, as the ure or endeavored to procure" a latter had 167 more votes than the certain office for any one. former, and the statement did not An Important amendment is to subspecify the number of legal votes oast division D of re- for either 9. which party; and he further decite: thpt theparagraph eald Howell haa given murred because the statement did not nd offered to give to divers and sun- allege a sufficient number of illegal dry electors and registered voters votes to change the result of the elecwithin said Pejcopd; judicial district tion which, he claimed, made it inefhy himself and through other persons fective. acting for ling fn his behalf and for Counsel further argued that the conhie benefit, William Holmes. testee had a perfect right, prior to the Ph Rhodes. John Burt, Mrs. John election, to go to his friends and reJut. W. R. Gilson, Joseph T. Plyer, quest them not only to vote for him, L- -Porter, Wade Hampton. but to use their Influence In his beParley, Sylvanu Stephens, Jack half. and unless the contestant coull Mrs. Lafe Dixon, J. Harvey that Howell procured something Mrs. Cary, Charles Anderson, prove by making promises to his friends that n D0, Richard Roe, whose other received, true twines are to the contestant he would not otherwise have was no bribery or fraud. He there 10yi1' large sums of money, prop-"- w was or other things of value for the further contended that there a candidate in a hiring wrong nothing Fj!0votesof thereby procuring their man to campaign for him and paying for him for his election and him for his labor, so much before elecr Purpose that the same or some tion and so much after election; and mm t.hereof "hould be used by the there was nothing fraudulent unless a electors for the purpose of pro-h- e vote was purchased directly election of said Howell and person's if made by any and the ror the purchase, further purpose of bribing said would have to be authorised by agent, ill!?1? w,th,n said Second judicial HowelL t0 cast their votes for the said . At 4 p. m., after arguing the demurlecUn.M for two hours, Mr. Kimball subrer another amendment of Importance mitted the question. f P"rafPl In t0M bJdl.Vtalon Judge C. S. Varlnn replied and said " inserted the that in implying to the general argume; "Charles n. McNeill, following William ment of counsel as to inelegibillty, Howeu. Oliver Penrod. James the contestants made no contest on uthwlck. Joseph Southwick, Daniel that' point The contest was made - HI THE POLICE Senators and Representatives Put the Finishing Touches On the Election of Roosevelt w Utulsay, 1Irg Huflr Mt sh,p. upon grounds other than that Joseph Harhert-T- Hu,anl"M. John Doe. Hhelnhard Olson, James Tui!" RnJ ,,iver" other persons, t,muherth'r Howell himself or I,er,,on Paid to them I.niuu.i ni? of money or other valuable on vTL 8hply- - Rlch-Thr- ... prr,n' MhIiI,. ubl,lv,,lon of the complaint t0 thf' "frpsted. unmnr-- 1 !! 'T-- t0 ,m Howe!l "tnre ,n util.. aaeIs.sTv1l' the nnrti "1foilnws:forth Valley, is the names of William Bal- Burt John Shaw.Jesse "William w,eMe ra,n Jowf Rhodes. John Doe, ly.GJ!l lgen Holmes deal which consummated this city with Involv- coming in the specifications In theconduct acts and certain alleged plaint on the part of the contestee which required that the election as to him should be annulled. If he understood the argument of counsel for the contestee. he held thnt the legislature had no power to regulate the ballot, to pre-sethe purity of the elective franchise; and also held that a court could not Investigate corrupt practices during Hnd prior to an election. If the law was so written, said Mr. Varian, It by rertainlv had ben misunderstood the citizen, lawyer and Judges. Reading from the election law counsel held thnt a bribe was the giving (Continued on page 5.) Cus- Officials. Students oi St. Petersburg Military Academy of Medicine Ask That and Fairbanks. W ASH WASHINGTON, fell. admiiMiuo today at the struggled hall nf the house of representatives to willies the formal finishing touches tin the election of Messrs. Roosevelt and Fairbanks, or. In other words, the ceremony of canvassing electoral vote. Those who were successful In gaining entrance to the visitors' gal leiles weie rewarded by the sight of one of the most impressive and Interesting ceremonies prescribed by ths constitution of the republic. At 1 o'clock the house discontinued the discussion of the Esch -- Townsend railroad rate bill and prepared to receive the senate to go into Joint session. The galleries were crowded. Mrs. Roosevelt, Alice and Theodore occupied seats in the executive gallery. Upon arrivul of the senate the house members arose and remained standing until the senators were seated. Speaker Cahnon took a scat beside Senator Fry, presiding officer of the senate, who presided st the Joint session. After the reading of the certificates of the votes by ststes. Senator Fry announced the election of Theodore Roosevelt as president and Charles W. Fairbanks as The vote for Roosevelt was SS6 and for Parker 140. The joint session then dissolved. The two houses of congress met as usual at noon. For some time previous to that hour large crowds were to he seen swarming toward the capitol. Up the marble stairways climbed the crowd. Arriving at the gallery entrances to the house the visitors importuned the doorkeepers for admittance. The majority of them, however, were doomed to disappointment, for none but the senators, representatives, their families and friends were admitted by card to occupy the seats usually set apart for the general public. Precisely at 1 o'clock, a messenger having notified the upper house that the lower was ready, the southern door of the senate chamber swung open and a procession of sages issued forth upon mosaic floor of the corridor. an advance guard there was a phalanx of capitol police, and bringing up the rear were the assistant doorkeepers of the senate bearing the polished mahogany boxes containing the sealed certificates of the electoral vote. The double row of senators was headed by Colonel Daniel M. Ransdell. the sergeant-at-arms, who was followed by the president pro tempore. Senator William P. Frye of Maine. The arrival of the senators st the door of the hall of the house was the signal for Speaker Cannon and the 385 other members of the lower body to All remained rise from their seats. standing until the upper house was seated. Beneath the large silk flag draped officer's chair. above the presiding Senator Frye and Speaker Cannon took their seats side by side, the former on the right, being by statute the presiding officer of the Joint session. was an absolute stillness There throughout the great hall as Senator Frye took up the silver keys placed fr nt words: This announcement of the state of the vote by the president of this senate Is by law a sufficient declaration that Theodore Roosevelt of the state of New York is elected president of the United States and that Charles W. Fairbanks of the state of Indiana is elected of nt the United PRIMS CHORUS GIRL Taken By Tagalos Before American Gives Verdict for Defendant In Breach of Promise Occupation of the PhilipCase. pines. MADRID, Feb. 8. The Spanish at Manila reports that about one hundred and fifty Spanish soldiers who were taken prisoners before the American occupation of the Philippines are still held by the Tagalo tribe. The cabinet haa asked the Spanish minister at Washington to request the American government to arrange for a ransom for these soldiers as soon as possible. consul-- general NO IMPROVEMENT SITUATION IN AT BATOUM Lec-McNa- BOSTON, Feb. 8. The Jury In the breach of promise case, In which Charlotte Helen Bates McNally. a chorus girl, sought to recover 330.000 from Robert Emmons Lee. son of a wealthy Boston publisher and said to be a near relative of General Lee, rendered a verdict this morning In his In favor of the defendant charge to the jury Judge Bishop said the testimony disclosed a deplorable history. Both parties, he said, had fallen into dishonor and shame. Lee-McXa- JAPANESE CAPUTRE A BRITISH COLLIER BATOUM. Feb. 8. There is no ImLONDON, Feb. I. A dispatch reprovement In the strike situation here. Freight traffic Is suspended and an ceived this morning reports the capattempt waa made today to 111 the ture of the British collier Eastry by the Jafianese. station master. CONTRACT FOR OGDENS NEW PUBLIC BUILDING 444444444444444 4-- 44 4444444444444 444' WASHINGTON, Feb. 6. The treasury department today award- ea the contract for the construction of the public building at Og- bid was den. Utah, to Thomas Lovell of Denton, Texas, whose 3iBK.72a. The building Is to be completed December 1, 1907. 4444444 4 4 4 4444444 GTi t i.. i I Vb. x. The stale Ik-- , 1 44 4444444 4 4 444444444 Freedom Be Granted Them And Have Gone On Strike. 1 liuaiii'i's hy the Kiitte.l States. The ST. l'lrmtSItlRG, I'll,. The iliM'tiineiit will Ik' siiiiniitteil to the senlice have forwarded the employers ate the next week. It provides for the po- a list nr I he prominent sinkers and management of the custom affairs b.v asking ihelr immediate dismissal. The I'uitfil States official. employer have objected on the ground thnt Hu men cannot lie sisired. NEW RED CROSS The students of the military acaSOCIETY IS ORGANIZED demy of liu'dicine have struck, demanding thut the school be closed unWASHINGTON. Feb. K. The in- til freedom Is granted them. The police of Odessa have seised corporator of the new American National Red Gross society, which was consignments of weapons destined for the strikers in Caucasus. created by act of congress and approved by the president last month, COLLEGE MERGER PLANNED IN MISSOURI held a meeting today at the state department and took the neeessary steps GALLATIN. Mo., Feb. 8. As a result for formal organisation. of h conference here tt la probaThe new society takes the place of ble that Gram! Rivertoday will be college the organisation of the same name of merged at an early duie with the Wilwhk-Clara nurton was president. It liam Jewell college at Liberty, Mo. succeeds to all the rights and property Grand River waa founded at of the old body, and will carry on a Edinburg, this college state, before the civil system of national and International war, and in the early days ranged as relief in time of peace as well as in one of the foremost educational Instiwar. tutions In Missouri. In later years, however, it declined, and in 1891 it was LEGISLATORS IN OGDEN. removed to Gallatin. Both Institutions concerned in the proposed merger nr controlled by the Baptist denominaCommittee on School for Doaf, Dumb tion. N and Blind Visit Institution. MANY PAPERS ON The committee on the School for the ON FARM TOPICS Deaf, Dumb and Blind came up last Inon from tour of Salt Lake night i MISSOULA, Mont., Feb. 8. At the spection. The committee, consisting of sessions of this, the closing day of the Mr.Crea, Montana Representatives Pancake, formers Institute, papers Stewart, Johnson and Christensen, was were presented as follows:: "The lm- Hawaccompanied by Representatives sirtance of Spraying, Herr Daniel E. ley. Wilson, Peterson and Mrs. John- Handinnnn; "Small Fruit liaising. H. son. C. H. Colville; "The Value of the Study The' visitors arrived at the institu- of the Soils I'rof. W. I). tion at 7 o'clock last evening and at Waste Products of the KYrm Harkins; and How once looked through the study halls, to Save Them, Fred Whiteside; seeing all the students at study. on the Farm, Prof. F- B. After supper, at which they were Llnfleld: "The Manufacture of liiler guests of Superintendent and Mrs. Vinegar from Apples, T. C. McClain. Drlggs. they visited the dormitories, ON THE FIGHTING library and reception rooms. This morning, at the regular 8 LINE FOR FIFTEEN ROUNDS o'clock chapel exercises, all the members of the committee spoke to the BROCKTON. Mum., Feb. 8. What pupils, their remarks Indicating that Is expected to be one of the best fights they were highly pleased with the between bantamweight seen heremanagement of the institution. abouts in a long time Is scheduled for Chapel over, the gymnasium, the decision In the arena of the Brockton shops and all the classes In the school Athletic club tonight. The principals, were visited by the committee. They Plukle" Evans of New York and were all pleased with the progress of Rouse O'Brien of South Boston, are the school and it Is understood ttmt all trained to the minute and appear to be that has been asked for by the man- In condition to put up the fight of their agement of the school will tie freely Uvea. The affair la scheduled to go for flfteert rounds. If O'Brien wins he will given by the legislature. Along with the legislative committee challenge Jimmy Walah, the New Engwas the board of trustees, consisting land champion. of Iresldent Wstson, Judge Ritchie, Mrs. Corey and Fred Chambers. The SALT LAKEMAN7RRESTED. committee returnd to Salt Lake on the 11:55 a. m. train today. W. H. Phillip Charged With Being Implicated in Recent AMALGAMATED SUGAR CO. ng - . States, each for the term beginning March 4, 1905. and will be entered, together with a list of the votes, on the Journals of the senate and of the house of representatives." Amid the applause from the floor and galleries Senator Frye brought his gavel down upon the speakers desk, Getting Ready to Make Contracts .With the senate marched back to It chamber, tho Farmers to Grow Boots. and the ceremony, which had occupied was a about an hour and quarter, The Ogden Sugar company are get' ting contracts printed, ready to commence making contracts with the farmers to raise sugar beets for the HELD SPANIARDS IS before him and unlin ked t lie mahogany boxes. This marked the actual liegln-nli- g nf i he ceremony. Taking the large In nun envelopes from the boxes Senator Krye arose, gavel n hand, and addressed the iiHHiiililage thus: '"I'll is being the day and hour appointed fnr opening the certificates and counting the votes of electors for the senpresident and ate and house of represennittves have met together pursuant to the constitution and laws of the Knited States." Senator Frye then look up the brown jiacknges in alphabetical order, each containing an inner envelope sealed with wax. He first broke the seal on the envelope from Alabama and handed the certificate within to Senator Koraker, one of the four tellers. The other tellers were Senator Gorman of Maryland and Congressmen Gaines of West Virginia and Rus-sJ- ll of Texas. : Senator Fo raker read at length the certificate of the vote of Alubamu. Following precedents observed on former occasions, the tellers, having observed that the certificates were in due form, omitted reading the others in full, and, taking the states in alphabetical order, When announced the vote of each. Maryland was reached it was found that the vote of that state had been split, seven votes being cast for 'Parker and Davis and one that of Charles J. Bonaparte being for Roosevelt and Fairbanks. The votes of all the other states were straight. The secretary of the senate gathered up each certificate after it was read by the tellers and handed to him by a page. The votes of all the states having been read to Benntor Frye, who en announced thut "the state of the te for president of the United Slates, delivered to the president of the tiate. is as follows: The whole num- r of electors appointed to vote for esldent of the United States is 476. which a majority is 239. Theodore Mtsevelt of the State of New York as received for president of the TTni- -, States 336 votes, and Alton B. Par-th- e he stateof New York haa re, lved 140 votes.' A similar announcement of the vote then followed, and for afterwards Senator Frye made his formal declaration of the election of Roosevelt and Fairbanks in these 1 In, lay that Bail ias ion kMiiiiign raii lii'il the new jinilnrol providing for Hie nf her ileiMi'liiit-ii- to-w- lt: f1 I1 rvr. Provides for Management of toms Affairs By U. S. coming season. The Held superintendent can be found at the company's office on each Saturday, commencing February 11. 1905. Each fanner should at once make up his mind how mnny acres of beets he will plant this season, and not leave it till too late In the season, as spring is coming and then everybody get busy and sometimes forget until they are ready to plant. The company should have the contracts In, so they could tell about what acernge there would be by the first of March, so that If any more drills are needed there will be lime to get them and have drills and seed in readiness for spring work. the formers have The experience had in the beet business for several years has taught them so they are not strangers to the work, and they know about what they will get from an acre of land. The bent land ahould be selected and fertilized, If necessary, so that good returns will tie realised. This crop is not a drug on the market. always worth the price espected In the fall, but this connnt be said of all the crops the farmer grows. Sometimes he gets a fulr price and ready sale and other times poor prices and hard to dispose of; hut not so with sugar beets. No matter if sugarcon-la high or low. the farmer get the tract price Just the same, let the crop be large or small. On Monday next. February 12th. the field superintendent will vialt River-dal- e for the purpose of at ! p- making beet contracts. On Tuesday. February 13th. he will meet farmers at Farr West at 2 p. m. On Wednesday. February 14th, he will meet farmers at North Ogden, at n. 2 p. m. ' February isih, he will meet farmers nt Rlatervllle, at 2 p. m. On Friday, February 16th. he will meet farmers nt Marriott, at 2 p. m. and on each Saturdny can be found at the company's office in the First National bank building. Let the formers call in and not delay it too long. On Thursday. Bounty Frauds. Yesterday W. II. Phillips was arrested in Salt Lake, charged with being Implicated In the bounty frauds. It is alleged that Phillips worked as middle man with his cousin. Deputy County Clerk Ditvlea, in securing certificates without presenting any hides. Information leading to Phillips arrest was secured when Edward Hanna and Henry Martin were arrested in Reno, Nev. The authorities are unable to tell what amount of money he had secured for It la said he worked under different names. Khortly after Phllllpa arrest he appeared before Judge Diehl uqil his bond was fixed at 82,500, which he secured. He retained the same lawyers as Davies. The method used by Davies and Phillips, it is charged, in securing the fraudulent bounties, was that Phillips swore to the affidavit and received the certificates from Davies. The certificates were then sold at n discount and. It is alleged, that he received a per icnt of the money. The first certificates turned In by Itiilllpa, ns near as can be learned, were presented about the middle of December. VISIT OF MML BAKER. Will Give Recital of Parsifal" at the Tabernacle on Monday Evening. Monday evening next In the Tabernacle Mine. Bertha Kunx Baker, an eminent authority on Wagner's works, will give an Interpretative recital of Richard Wagner's last great music drama "Parsifal." No great work ever written has aroused so much interest Internationally as has Parsifal during the last three years. It has been given In opera form In America a great many times during the past year, and now the Ravage Grand Opera company mile tour of Is making a the country with this grent work. Mme. Baker is the recognised authority on "Piirslfa!" and will give nn Intelligent and Interesting reading nf this great mnater work. The club women of the city are actively Interested In the coming event and no doubt the next Trfbernacle will be well filled Monday night. , |