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Show TO THE SEQUEL OGDEN, UTAH 133. Vm-NUM- BER VOLUME FORTY THOUSAND THE Was MINNESOTA CASE. tit the First Celebrated by the Fierce Fight Pope Since His Accession Wu Improperly Transferred From Stato Court to Federal Tribunal. CRIMINAL LIBEL in Which 300 Black Scotland Yard Sends out Warning desperately fought battle between German troops and rebel Hereros at Ongnan, German Southwest Africa, was reported today. The Germans stormed the rebel position, which was a strong one, and were repeatedly thrown back. The attack was renewed and after eight hours of stubborn fighting the enemy was driven from their position. The Hereros retreated to the eastward. The German loss was four killed and twelve wounded. The Hereros were slaughtered by the wholesale, over three hundred dead being counted on the battlefield. unlawful and against the LOOKS LIKE STRIKE the state as well as those of By petition the the United States. ease was removed from the state court OR THE SANTA EE the United to the circuit court of States as arising under the constitution and laws of the United States. The case was decided against the state circuit courts and Machinists' Local Unions Are Votby the federal to taken the supreme court, which Ining and Sentiment Favors vited briefs on the question of and both sides argued that the Going Out. case was properly removed to the fed- that King Alfonso will go to Parle as soon as he returns to Madrid at the WASHINGTON, April 11. Minnesota The case the state of North-oGreat and Securities Northern and Northern Pacific, which was in the supreme court of the decided got when the merger decisiStates United handed down, was decided towas on court holds that the day. The supreme federal circuit court has no Jurisdiction of the vs. m and the case Is dismissed. The case was brought to sustain the statutes of Minnesota 1S78 forbidding consolidation of parallel and compto pre-n- nt eting railroad lines, and also illegal combinations (n restraint The decision of trade and commerce. sas unanimous. The object of the suit was to declare the combination of the two roads and the holding of stock by the Securities feo girl of eral courts. Judge Harlan, who handed down decision, holds that the suit does not really substantially Involve a suit the controversy which the circuit court have taken up for final decree, hence the circuit court should not have taken cognisance of it, but should hive remanded it to the state court. or could FOR ARRESTED MURDER OF MABEL PAGE 11. A 8PANISH KING TO PAY MADRID, April 11. eempany Jurls-dctlo- n, April ROYAL VI8ITS. It is announced end of May. From Paris the Spanish king will go to Berlin and Vienna. ALABAMA GROCER8 IN SESSION. Ala. , April 11. BIRMINGHAM, About two hundred delegates repre- senting thirty local organlxations were present today at the opening of the second annual convention of the Retail Grocers and General Merchants Association of Alabama. Thomas Howe of Montgomery presided over the day's proceedings and reports of the secreWASHINGTON, April 11. Indica- tary and other officers were presented tions point to a an open rupture be- showing the association to have made tween the Santa Fe railway and the In- gratifying progress in increasing its conventernational Association of Machinists membership since the- initial In tion held last year. Montgomery which will probably cause the declaraThe convention will be in session tion of a general strike in all the through tomorrow and In addition to shops of the system within two weeks discussing matters of Interest to the The executive board of the associatrade It will listen to addresses by tion haa delegated to President OCon- officers of the national association and nell authority to receive election re- Other persons of prominence. turns from the locals and take action conforming to the sentiment of the as- 11. Mass., April Charles Tucker, who was arrested Sat-nda- y on the charge of having murd- sociation. ASKS DAMAGES IN All the returns are not yet in, but ered Mabel Page in her home at Weston, March 31st., was arraigned this so for as determined the majority in la overwhelming. morning and pleaded not guilty. The favor of a strike OF President OConnell will leave Thursnw waa continued to the 21st. day for Denver, which will be his BEAVERS MU8T 8TAND headquraters in case a strike is declared. While no announcement can YORK IN NEW TRIAL be made, President O'Connell said It SAMUEL J. COURTNEY PLAINTIFF IN THE CASE. looks as though a strike cannot be 11. The WASHINGTON, April court today ruled that George averted. W. Beavers, ef of ttye salary allWae Conductor on tho Westbound owances division of the postofflee deQUAYS CONDITION. Train and Injured in Jack-so- n ATLANTIC CITY, N. J., April 11. partment, who was Indicted in connectExplosion. Senator Quay' la reported in about the ion with the postal frauds, was property aurrendered to the authorities of same condition this morning. His the eastern district of New York, altAs another result of the explosion at physicians advise absolute quiet. WALTHAM. su-vra- ne ex-chi- hough arrested in the southern dls that he will have to stand Wet, and trial there. LAWYERS HAVE DESERTED BILL BEFORE HOUSE MRS. BOTKIN SAX FRANCISCO, April 11. The ttnignment of Mrs. Cordelia Botkin on he charge of murdering Mrs. Deane postponed until tomorrow. TYhen she waa brought into court this announced that she she morning not represented by counsel. If Mwyers who defended her in the 'cnt trial fail to" appear the court will PPoint counsel. Improvements Are to Be Made Only Where Already Begun. 11' The April harand the river house today has newspapers expose EMPLOYMENT AGENTS bors appropriation bill under coneld1 eration. It carries $8,000,000, to he exSPOKANE. April ll. Press The, pended only where Improvements are exposed the employment agents and not more than $50,-018 Spokane, whom it charges with pro-'rt- already begun one project any upon Innocent girls for houses of In the senate the chair presented an All hut two of the agents invitation to congress to attend the kroived. formal opening of the Louisiana pur EFEATED chase exposition. The bill accepting the statue of VISITS THIS COUNTRY. NEW TORK. from the Polleh-AmerlcKosciusko 11. General April the Dominican rebel who society passed. 7jne' to wrest the reins of The conference report on the Indian government !Tn President Morales, arrived from appropriation bill was ordered recomJuan today on the steamer Phila- - mitted. He refused to tell of his ARRESTED THIRD TIME. f movements or of San Domingo Mrs. The good Intentions of Mrs. Jane Smith, alias Mrs. D. Fisher, who was TRIAL CONTINUED. released from Jail this morning under of reform, were of brief duraFRANCISCO. JAX April 11. The promise nf Con Davis, a was again arrested at $ porter of the tion. She in a state of admr Alliance, accused assault o'clock this afternoon was again Hrs. A. H. and intoxication Ames of Marshfield, Or., vanced be will effort An probably locked up. from San Francisco, went ntll made to send her to the asylum. WASHINGTON, 00 ug k. rebel general an Tge Thursday. So-Call- Libraries Cannot Have WARRANT ISSUED FOR ARREST OF J. J. SHEPHERD. Second-Clas- s Mail Matter ed to all the European Capitals. ROME, April 11. Pope Pius celebrated hie first mass at St. Peter's today amid a vast concourse of people. The scene was brilliant and inspiring. The immense basilica waa crowded with 40,000 people of all nations. For hours before the pope appeared the spectators arrived In streams and struggled for positions of vantage. Troops lined the plasa and kept hack the surging crowd. One feature of the service was the rendition of the Gregorian chant by a thousand youths, led by Father Perosi, head of the Sistine choir. The pope crossed the church to the altar In eedla geatatorla amid a reverent congregation. His holiness waa pale and looked more aged than on the occasion of his accession to the throne. BERLIN, Jackson siding on the 19th of lust Feb ruary suit has been Instituted in the First district court by Attorney A. W. Agee in behalf of Samuel J. Courtney to recover $15,000' damages from the Southern Pacific company for injuries sustained by him in that disaster. Courtney was conductor on the westbound train which collided with the eastbound freight and he sustained such Injuries as will make him permanently partially deaf and will render him incapable of engaging In his vocation as a railroad man and greatly impair his ability to perform manual labor. The usual allegations of carelessness and negligence on the part of the company and its employees are made, including the fact of placing the car of explosives too near the engine. ANOTHER SUIT FILED. In the district court this afternoon Attorneys Horn and Lessenger filed a complaint for Myack Bernovich against the Southern Pacific Railroad company for damages to the amount of $1,999.99. The plaintiff was a laborer on the construction work on the Ludn cutoff and owing to the fact that a car in the middle of the train jumped the track and struck the plaintiff he was badly and permanently Injured. It is alleged that the carelessness of the defendant company In placing too much loose ballast on the track caused the accident. The plaintiff was injured last March. NO DISTRICT COURT TODAY. Judge Charles H. Hart who has been holding a term of the district court here In the place of Judge left Ogden Friday night He held court at Logan on Saturday and will he here again on the 14th. Ro-lap- 11, 1904. OF HEREROS Rebels Are Killed. to the Throne. I PLOT ANARCHISTS REBEL SUPREME COURT DISMISSES MONDAY, APRIL p, BEItIJN, April 11. The police have arrested several persons supposed to be airtirhist. The police here and in other European capitals have been warned by Seotland Yard to maintain the strictest vigilance for persons going to Malta and other points at which Kaiser Wilhelm will touch. It ia evident that the conspirators are working at their headquarters In London and there la a probability that a serious plot is afoot, of which the English police have obtained an Inkling. Privilege. WASHINGTON, April Alleged Libeloue Chargee Appeared In Shepherd's Paper, The Daily News," Saturday. 11. Books cannot go through the mulls ns second-clas- s mail matter, according to a decision of the supreme court today In mail what Is called the ''second-clas- s matter suit," brought by Houghton, Mifflin & Co. of Boston and other publishers. By the decision the courts are sustained. The postmaster-genermaintained that the Riverside literary series, the Columbia library. Detective library oud other libraries should be excluded from transmission through the KANSAS POPULISTS matter. The pubmalls us second-clas- s IN STATE CONVENTION. lishers contended thut they were and ningnslnes. TOFEKA, Kans., April 11. DeleFor sixteen years these publications gates have been arriving constantly have hud the second-clas- s privilege. today to attend the Populist state convention, which will be called to order here at 11 o'clock tomorrow morning. WOOD IS Present indications point to a large attendance, despite the early predictions to the contrary. As a rule, the A delegatee seem to be much in doubt as to what the convention ought to do. One faction is in favor of fusing with the Democrats, while the opposing element desires that the Populists shall His Praises as Warrior Sounded in go it alone. Resides electing a delegaReport to War Detion to attend the national convention tomorrow's gathering will name candipartment. dates for the state offices to be filled at the next election. Opinions expressed by the party leaders Indicate that MANILA, April 11. News reached W. A. Harris could have the gubernatorial nomination if he would here today of a fight between General Wood's forces and the Moroe at Taraca Indicate a willingness to accept it river. The Moros attacked the Americans and were repulsed with great PROF. MARSHALL WILL LECTURE. Their leaders, however, esslaughter. Prof. George Marshall of the UniThe Americans lost two killed caped. will a deliver lecture versity of Utah wounded. six and Weber to Stake at tonight academy The war department has received a the students of that institution. This cable report from General Wade of the is one of the series that Is being given engagement at Taraca by General during the scholastic year. Wood. Wood Invited the sultan of Taraca to meet him at the camp of Vicars on Murch 81st. The sultan refused and made hostile preparations. Columns were sent April 2nd to the Taraca valley. Vicar's column was SUED FOR fired on ten miles out, the shooting continuing until night. One enlisted man was seriously wounded. The second column strongly resisted at Taraca JAMES B. FENTON STARTS SUIT river and two enlisted men were seriously wounded. From thHt time until FOR ABOVE SUM. April 7th the troops were engaged in destroying the fortified cottas. Received Injuries Which Will PermaNewcomb of company K, seventeenth nently Disable Him From PerInfantry, and Wampler of company D, forming Manual Labor. twenty-thir- d Infantry, were killed. Every effort mnde to bring the Moros to terms peacefully failed. Attorney W. L. Maginnis has filed suit in the circuit court of the United States in behalf of James B. Fenton against the Southern Pacific company asking for $20,000 damages for personal Injuries sustained by him. On the 26th of March of this year BADLY RATTLED plaintiff was acting as rear brakeman for the Southern Pacific company and when near Jackson station. Box Elder county, he went upon the top of the cars for the purpose of setting the Officers Mistake Signals and Guns brakes He alleges that the train had Open Fire on Merchant broken In two and through a defective Fleet. condition of the brakes the rear part of the train came in ' violent contact with the fore part, precipitating the EWCHWANG, April 11. A misunplaintiff from the top of the car upon derstanding of the customs flashlight which he was working to the ground, caused great excitement at signals a distance of about fifty feet, whereby midnight. The officers In command of he sustained such Injuries as will perthe forts thought the Japanese were manently disable him from performing making an attack and opened fire on manual labor. a fleet of pilot boats and merchantmen Plaintiff further alleges that on the outward bound. Two Chinese seamen night of the accident, the train hav- were struck by a shell and killed. ing broken In two, making It impossiSeveral shots were fired bfore the artilble to use the air brakes, he started to lerymen discovered their mistake. set the hand brakes, which were out of The incident shows the mental strain order and thus caused the collision. under which the Russians labor. Feverish activity prevails among the mili8ERIOUS RIOT BY who are doing the best they can tary AUSTRIAN PEASANTS to prepare for the Japanese assault lie-lo- w al ed L $20,000 Russm Near A gram, Croatia, today, peasants attacked the president of the town, Klbach, and a notary named Vokuvltch, trampling them under feet. Vokuvltch U dead and the president was seriously injured. The mob broke, into the town hail and burned the public registers but was finally dispersed by the troops. Many persons were wounded. An artilleryman was killed by the explosion of a cartridge during the VIENNA, April 11. RETURNS WITH PRISONER. Deputy Sheriff G. A. Sebrlng returned from San Francisco last evening with John Quinn, charged with be Ing Implicated in the Zang saloon holdup. Deputy Sebrlng left Ogden week sgo with extradition papers for the prisoner. He spent two days in San Francisco and thoroughly enjoyed his trip. He had no trouble with Quinn and reports thst he was very and took his arrest and extradition as a matter of course. tal J. J. Shepherd, the Twenty-fourt- h street gambler and editor of the Dally News,wlli be arrested this afternoon on complaint of Police Detective James F. Pender. The complaint from which the warrant was issued charges Shepherd with malicious and libelous statements calculated to injure the reputation of Mr. Tender. The Dully News of Saturday contained statements purporting to he quoted from a letter received from a woman to the effect that one Topham was what is known in criminal parlance as a "fence" and that Topham and Belle Lunden were "protected" by Detective Pender. The complaint refers especially to these statements. The warrant has been issued and will lie served by Sheriff Bailey this afternoon. WILL HAVE BASEBALL. Schedules for the Utah and Wyoming League Has Been Formulated. The Utah and Wyoming Baseball league was formally organised In this city yesterday afternoon. Evanston, Park City and Ogden are represented. Twenty-fou- r games will be played eight In each city. The season will be aliened May 1st with Evanston at Ogden. At the meeting here yesterday H. J. Grossman represented Park City, F. J. Zimmerman looked after the Interests of Evanston and Frank Wessler appeared for Ogden. By laws and regulations were drawn up and each team deposited a forfeit of $25. Henry Wessler was elected president and W. D. Brats secretary and treasurer. The schedule is as follows: , May 1st, Evanston at Ogden: 8th, Ogden at Evanston; 15th, Park City at Ogden: 22nd, Park City at Evanston;' 29th and 80th, Ogden at Park City. June 6th, Park City at Ogden; 12th, Evanston at Park City; 19th, Evanston at Ogden. July Srd and 4th, Park City at Evanston; 10th, Park City at Ogden; 17th, Evanston at Park City; 24th. Evanston at Ogden; 81st, Ogden at Evanston. August 7th, Park City at Evanston; 14th, Ogden at Park City; 21st, Park City at Ogden: 28th, Ogden at Evanston. September 4th and 6th Ogden at Park City; 11th, Evanston at Park Cit STATE LOST SUIT. Carelessness of County Officials Cause State to Lose Bond of $500. In the district court at Brigham City Saturday the suit of the state of Utah against J. H. Linehan, R. S. Joyce and Fred M. Nye to recover 6500 was decided in favor of the defendants. John Hardman, a brakeman, was arrested on a charge of robbing a hobo who was stealing a ride and at the preliminary henring the defendants went on his bond for $500. In the meantime Hardman left the country and the suit was brought to recover the amount from the bondsmen. It was shown at the trial that the bond waa Improperly drawn and was not executed by the proper officials. Judge A. G. Horn of this city represented the defendants. . PLACED UNDER QUARANTINE; Members of tho Fire Department May Attend Fires, but Nothing Else. The Ogden fire department is under quarantine. Noble Griffin, one of the fire laddies, is suffering from the smallpox and as a consequence the entire force was placed under a temporary ban. It was only ascertained yesterday morning that Mr. Griffin had contracted the smallpox and the quarantine was at once put into effect |