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Show RIGHTS OF RAILROAD FILTHY (Copyright. IMS.) Three Men Killed and One Injured When Balloon Was Caught In Storm and Dropped Into Water, ( NEED NOT BUILD SWITCHES TO GRAIN ELEVATORS UNLESS THEY SO DESIRE. The German Stettin, Germany. To Exact Penalty for Car Shortage Illegal, While Hotel and Other Drummers Cannot Operate on Trains Without Permission. Washington. E mphasli lng the rights of railroads, the supreme court of the United States on Monday declared unconstitutional the law of Nebraska requiring railroads to build switches to all grain elevators along their tracks upon request, and called .a halt on the attempt of the state of Arkansas to penalize an Interstate railroad for failure to supply cars Interstate enough to accommodate traffic. In announcing the opinion In the Nebraska case. Justice Holmes assert-that although the state possessed certain police powers and railroads must fulfill the purposes for which their charters were granted, yet, "railroads, like other owners of property, hare rights protected by the constid tution." Ia the written opinion, the rights of the railroads were phrased somewhat differently from what they were in the oral explanation of the court. Among other decisions the court upheld the act of Arkansas prohibiting drumming up business by physicians and hotel keepers on trains. An odd thing about the sitting was announcement as to the decision of the court f an opinion written by the late Justice Brewer. The question as to whether the penalty for violation ot law for shipthe ment of live stock shall be assessed on the separate shipment, as urged by the government, or on the trainload as a unit, aa contended for by the Baltimore & Ohio Southwestern railroad, is to be considered again by the supreme court. twenty-eight-ho- GETTING CLOSER TOGETHER. sion here Sunday afternoon, met with a series, of accidents which ended in a disaster in the Baltic sea under most tragic circumstances. Three nien lost their lives, including the radical member of the reichstag, Werner Hugo del Brueck. Herr Del Brueck aud another member of the party were drowned, a third occupant of the car was picked up unconscious and died from his Injuries, while the fourth was rescued In a serious conditon. The Pomniern, carrying Del Brueck, who was acting as pilot, a banker, Herr Sommelluirdt, an architect, llerr llenduhn, and u man named Heln, ascended early iu the afternoon at the gus works. The wind at the time was blowing a hurricane, aud the The Kentucky Legislature Has Passed a Bill Providing a Pine of $5 for Pomniern broke away before she had the Acceptance of a Tip. been completely ballasted. The chapter of accidents began immediately. The balloou collided with ROOSEYELT BARRED BY POPE telegraph wires, which broke, almost the basket. It then dashoverturning QUIT ed against the roof of a neighboring factory, destroying the smokestack. With the basket swaying wildly and He DeRefused Audience Because half of its cue oalloon clined to Promise Not to Visit WAR IS ON FOR INCREASE IN soared to a ropes cut, aud disapaltitude, great Methodists. MAY AND DOWN WAGES SHUT peared in the clouds at a terrific LAST FOR MONTHS. inspeed. Thousands of onlookers, cluding a detachment of soldiers, Rome. The determination of Mr. which had assisted In the ascent, ran Roosevelt to forego an audience with the roads, expecting the basket along Pope Pius X rather than subscribe to Three Hundred Thousand Coal Dig- to break away. The balloon, however, , Settle-Until Work to Refuse conditions the the gers Vatican, imposed by was not seen again until it reached ment of New Wage Scale, Which has created a sensation. This unexmiles northSwlnmiinde, thirty-sipected incident overshadows every May Soon Be Effected.. west of Stettin, over which It passed, other feature of the distinguished at a height or C.000 feet. In the diAmerican's visit to the eternal city. rection of the sea. Tugs followed in Mr. Roosevelt sought an audience Three hundred thou- Its track, and one of them, which had Indianapolis. with the pontiff through American sand organized miners of the bitumi- outdistanced the others, was almost Embassador Lelshman and received a nous coal fields of Pennsylvania, Ohio, directly under it when suddenly the reply that the holy father would be Indiana, Illinois, Iowa, Missouri, Kan- balloon fell Into the sea. The tug delighted to receive him, but the an- sas, Oklahoma and Arkanas have quit steamed quickly, but the work of resswer was coupled with an expression work, the last shift going on duty cue was difficult. Already Brueck and of the hope that the audience would t night, pending settlement of Bendhun had disappeared, but not be prevented by such a regret-bibl- e Thursday and Heln were clinging to a new wage scale. incident as made an audience were dragged the ropes, and Officers of the United Mine Workfor former Fairbanks ers of North America declared the aboard the vessel.thty Impossible. 'Mr. Roosevelt In return waout not a strike, but merely a sussaid that he could not accept any stip- pension of work because no wage RECIPROCITY WITH CANADA. ulation limiting his freedom of con- scale has been made to replace the duct. To the latter message the Vati- old scalo, which expired with March. Meeting of Representatives of Two can made answer that the audience The miners demand an Increase of Countries to Settle Details. on the pay. In some instances of 5 cents a could not take place excepting Within two months, Washington. understanding first made known. Mr. ton and In other Instances more, with Roosevelt then announced his deter- certain change In working conditions. according to the present plans of tbe administration, there will be a gathmination to forego the audience. Confidence was expressed by the in Washington or Ottawa or repering no would be gen- resentatives of the American and Caoperators that there MUST FOOT THE BILL. eral coal famine, large supplies of nadian governments for tbe purpose Panama Canal Will Have to Pay for fuel having been stored In anticipa- or negotiating a reciprocity treaty betion of the walkout. tween the two countries. Its Own Fortifications. While the miners predict the susThe felicitous exchange between canal The Panama Washington. pension will be short by a prompt Secretary Knox and Minister Fielding of Its will have to pay the expense signing of wage wales, some of tbe of Canada, which concluded the reown fortifications. This appears to operators maintain the mines may be cent tariff agreement, contained an be the opinion of the vanguard of the closed for a month or longer. kept Implied promise that an effort would army expert board which has just arThe first settlement came in an an- be made to reach an understanding rived in Washington from Panama, nouncement from Brazil, Ind . tbe cen- on after a careful examination of the ter of the Ind'ana block coal field, a1 broad lines that might settle for time tbe various Issues regarding line of the canal with reference to the where the demand for a Scent Inland and water boundaries, the fisherselection of sites for the forts and the crease was granted. ies, the preservation of tbe seals and determination of the extent of the finally the tariff relations. AID FOR LIBERIA. armament needed. The act of 1902. though much Had Charge of Graft Fund. amended by subsequent legislation, American Cruiser Sent to Monrovia New York. How William II. Buck to Size Up Situation. would seem to carry that inference accelerator of insurance legislaand consequently the cost of fortificaWashington. The situation in Li- ley, tion probably will he met by the Issue beria Is giving rise to apprehension tion, and of the late "Andy" Hamilton, of the life insurance "yellow of Panama canal bonds. here. Tbe attack by the native tribes keeperfund of former years, worked dog" state to Is at It Impossible present from the French side of the southern the cost of this work. In the first boundary along the Cavally river upon shoulder to shoulder, oiling legislative wheel at Albany, was brought out place the commission has tentatively the English factor- - and the IJberian Inselected the sites for the defenses of troops would In llwlf be dangerous to on Thursday at the fire Inursnre 11. Hoteh-kiss- , William conducted quiry by the canal and at points along the line the existence of the little republic state superintendent of InsurIn the Interior where It Is exposed to But In addition there is a state of destructive attack, such as the Gatun practical demoralization at Monrovia, ance. Hamilton, tbe evidence showed, dam and the great Mi la Hopes locks, tbe capital, and the finances of the received no less than I8,9S9 from certain rompanles In 1901. Hamilton' much of this land belongs to private country are In a desperate plight, all parties and Its value must be assessed being factors which might easily serve name was put on the record through before it can be acquired. as a prelude for Intervention by some the testimony of Henry C. Wiloox. vice president of tbe American Sureof the European powers. in Tsn Rounds. Jeff Expects to Win company. ty a 8ucb to leads Intervention usually Oakland. Expressing entire confiand state the permanent domination, Mr. Sag Complete Long Journey. dence in his ability to get Into physiIs resolved this shall not cal shape for' a fight department New York. After a trip covering warbe. and French British Already with Jack Johnson next Fourth of R.OOO mile by rail, traversing nearly ships are on their way to the seat twenty-siJuly, James J. Jeffries arrived from of Mr. Russell Sago state. some so with trouble, satisfaction, I OS Angeirs on Monday en route to I back at her home In New York navy department on Thursday anbis training quarters in the Santa the better than she has felt In a feeling EL nounced the sailing from Vincent, Cmx mountains, where he Is now long time. It Is said she gave away scout of the cruiser swift Verde, Cape accompanied by his manager, $r,uo,0Q and plan to give away anof Blrmlnghsm for Monrovia, where she other half million as a result of the f am Berger, and the usual retinue should arrive by Saturday evening. rubbers and trainers. Berger said In trip. She celebrates her home comJeffries' hearing that they expected to Hi Past Record Saved Him. ing by the announcement that tbe win from Johnson In ten rounds or Seattle. Because bis discharge from Sage foundation Is ready to start loan less, and the fighter smiled approval army shows that he was one of agencies In the principal cities, which of the statement, though he said noth- the two men who captured Jefferson will loss money to the poor on reathe ing. sonable tetm and drive the loan Davis near Savannah, Ga, forty-fivAnother Balloon Accident, years ago, John Wolf, aged 70 years, shark out of business. Prussia. Prof. Richard was released from tbe city jail on Brestau, Hot Tim Coming. Ahegg, a distinguished chemist and suspended ser.tence. Wolf was conThe battle ground for disvicted of Washington UniverHis of at the chemistry professor woman suffrage will shift to Washsity of Brestati, was killed while at- cbarge shows that be served In Com forty-secontempting a landing following a balloon paoy E, Seventh Pennsylvsnia cav- ington this month, when ofthe Naannual tbe convention rela woman war. the with He, during alry, Sunday. flight Woman' tional association an Suffrage Karl and ative Gerstel, engineer, bad made the ascension, and attempt- Land Drswing Lynn, Utah, April convene here on the 14th, and Pres11th, WO. ident TafL "without polltcal signified to alight. Gerstel and tbe woman One fare for the round trip via Salt cance, welcomes the delegates. Five landed safely, but before the professor could get out of the basket a gnat of lake Route. Tickets on sale April dsys later the Judiciary committee of wind caught up tbe half deflated bal- Stb, tth, 10th and 11th. You cannot the senate will receive argument In loon bag and dragged the banket along afford to miss this. See your local behalf of suffrage from delegates esthe ground for some distance. Abeeg's gent for particulars or ddres J. II. pecially appointed to appear before skull was crushed and bis legs broken. ManderfJeld. A. O. P. A.. Fall Lake. congress. Two of Mueller Wives Loyal. Farmers Aim Wss Poor. Selecting Perkins' Successor. New York. Even his sentence to Roswelt, N. M. Sylvanius Johnson, Rochester, N. Y. IWb the Repubof the eight years In the New Jersey state a wealthy and prominent citizen of licans and the Democrat prison for bigamy has not shaken the Roswell, Is dead from the effects of a Thlr'y-secoticongressional district loyalty of two of the "wives' of Emil blow on Ihe bead from a monkey (Monroe eonnty) on Saturday nomiKarl von Mueller, the "marrying wreftrh hurled at Ms chauffeur a week nated candidates for the set In the Von Mueller made the statecount."" made vaby an lnfiriad farmer. While H'"ie of Repr ftitatlve ment that Paula Wood Posers of Cal- speeding near K.Reil Johnson's aJ'o-mobii- cant by the death of Janoes Brerk frightened a tarn of tni'i j be- Perkins, ifornia, his lat(, had nt Mm $200 for George W. A!dri'ig. to be ued In appealing his rase. Wife ing d'lven by a roimg farmr. snd twenty yeIrt Monroe irlT tt.e at threw wremh tte b's ia'ef No. 1, formriy Mrs. Anna Jacob, on rJiauffeiir. Mis si m bad. snd 'runty, m (amd ry the Rpublicn convention without oppoelMon. James Frliay paid a visit to von Mueller In Johnson nnnM ba'k In hl seat the Jersey City jail. "My ansel wife." d and lh a shall. The S. Haven, a former lsw partner of the Is the way von Mueller described Miss Identity of the farmer has not been late Representative Perkins, was nomPowers In telling of her remittance. inated bv the Itemocra's emet WORK x Vice-Preside- States Form Association Which Promises Much for the West. Salt Lake City. Plans for an educational campaign to extend from coast to coast were outlined by delegates to the first annual convention of the United Exposition Association of Irrigated states, which met at the Commercial club Monday. After perfecting its organization and naming officers for the year, the asoclation passed a resolution advocating with the National Farm Iand congress In the exposition feature projtosed by the national organization. C. J. Stlnsel of Boise, Ida., was elected president of the organization; Rellly Atkinson, also of Boise, was elected secretary-treasureand Professor Ll A. Merrill of Salt Lake was The next elected Utah session of the association will be held In Chicago during the latter part of the present year. irrigated r, Last Survivor of Gran'.'s Cabinet. Portland, Ore. Jud;e George H. "Williams, attorney general of the United States undrr President Grant and the last surviving member of the Grant cabinet, died at his home in this city Sunday night in the first month of bis feSth year of life. Ills death was entirely unexpected and came during the night, his relatives having no Intimation of his passing until they went to awaken him at 7:80 o'clock Monday morning. Judge Williams gave up active work several years ago because of poor health, but bis condition had not occasioned larm. lain by Discarded Lover. Saa Francisco. Miss Freda a. waitress, was shot In the back and killed late Monday afternoon by Nathan Pollock, a discarded weetheart, as she was standing on a crowded street corner with Samuel Pollock came hpre from Goldberg. Chicago with the girl several months ago and recently was taken HI and went to a hospital. When he left the hospital several days ago he found that he had been discarded for Goldberg. When he met the couple Monday afternoon be fired at the man twice without effect, thea shot the Nor-renc- e, tin. Captured. Safe-Cracker- s by a terrific explosion of dynamite which tore p the sidewalk In front of the Athenian building early Monday, the police surprised Thomas Ryan and Frank Smith, cracksmen, and captured them after a running revolver battle which lasted several blocks. The fight ended in a hand to hand encounter In a lodging house where the fugitives took refuge and were overcome. The anen were attempting to loot a safe toasted tinder the sidewalk. Saa Francisco.-Attracte- d Campaign Against Bucketshop. arrests Washington. Twenty-thref persons Indicted In connection with the operation of bucket shops in the District of Columbia have ben made by the department of Justice. Assurances have been given that two other defendants will be surrendered. Four persons yet remain to b apprehend ed, their names being Wiiiam P. I ll lis, Edward ft. Begtr snd flobrt A. h Gasklns Coy at New York, and Jo at Baltimore. The officials say they have no doubt these persons will be arrested soon. e 1 long-distanc- e "boot-legging- d -- d ao e - sti cr-hf- l'1r TO STAY AT HOME Ike bal- loon Pomniern, which made an ascen- MS over by Apostle Anthony vV. Ivina. Music was rurnlshed by students from L. D. S. university. Remarks along general religious lines were made by Ivtna, Seymour B. Young, first Younger Members of Mormcn Church Apostle president of the council or seventies; Are Warned Against the WanderHulon S. Wells and Charles Hart. lust by President Smith. Apostle Orson F. Whitney presided at the afternoon session, other speakers being President David 11. Cannon 6alt City. In spite of the dls of the St. George temple, Pvestdeut J. agreeable weather, the April confer- G. Kimball of the first council of sevence ot the Church of Jesus Christ of enties and Frank Y. Taylor. Latter-daSaluts convenod on SunSAINTS GIVEN GOOD ADVICE. day with the tabernacle filled to overflowing aud large crowds In attend- Leading of Clean, Moral Lives is ance at the overflow meetings in the Urged Upon Members of Church. Assembly ball. I.ake City. The second day of Salt At both general sessions on Sunday semi-annuconference was held the speakers dwelt especially on the the matter of borne building, and the de- under more favorable conditions than characterized the opening day. Like sirability of the young people remain- on Sunday the morning and afternoon ing at homo, rather than scattering sessions of the general conference, to the four winds and seeking locaIn the tabernacle, were attended held tions elsewhere. In this connection stress was laid upon the important re- by congregations which taxed the caauditorium, sources and possibilities or Utah and pacity of the mammoth the adjacent states, and the several aud overflow meetings In Assembly hall were again made necessary. speakers exhorted their hearers to From early morning until late 'at stay In the community and lend their aid in the upbuilding of the state and night, when the session of the priest hood conference adjourned, the temple western country. and the buildings contained At the opening session President grounds therein were a seething mass of huF. made Smith an Joseph eloquent all drawn by the Important plea for home building and the pro- manity, of the church. viding of homes for the children, the gathering sessions differed from Monday's home at rather remaining than or Sunday, la that the remarks those to rorelgn countries, and for were along more spiritual lines, stress the patronizing of home industry. He or lold of the many advantages offered being laid upon the Importance moral lives In order to lie Mormons right at their very doors leading clean, partake of the virtues to be enjoyed nd deplored the exodus or many to In the life to come. The talks were .'tstant lands. He asked for the all of a wholesome nature, brilliant of labor and capital to de- speakers addressing the vast convelop the resource of Utah and the courses both morning and afternoon. djoluing slates, aud pointed out that At the conclusion or tbe afternoon he rights and privileges or the home session of the general conference adwas taken until Wedneseople were being usurped by others. journment morning, no regular meetings beThe president declared that "It Is day set for Tuesday. This was don wisdom to study agriculture. We ing to enable the missionaries and misught to produce out of an acre of sion workers to participate In the round aa much as the heathen Chi- many special meeting and reunions nese can. There Is no reason why which bad been set for Tuesday. At we cannot cultivate the sell as wull night, in the tabernacle, a general as others. It Is a well known fact meeting of theC.priesthood was held. or Elder John Herrlck, president that we have been backward, but now Elder mission; we can, by the aid of schools, learn tbe western states Clawson and Elder ilyrura M. tbe nature or the soil and or its con- Rudger mornSmith were the speaker at the ditions and possibilities. ing session on Tuesday, and all bore Is co"Another thing that we must tribute to the truth or the great work President operate and combine our .energies and of the Mormon church. little means in the establishment of Smith presided, and in addition to the home Industries, give employment to opening and closing numbers by the a pleasing ourselves and children and provide choir and congregation solo, "I Know That My Redeemer our own things." Lives." was rendered by Elder Melvln President Smith deplored the use J. Ballard, president of tbe northor Intoxicants, after which be spoke western states mission. or the financial or the condition President Smith presided again at arternoon Church, telling or assltance lent in the session, the first the building or meeting houses and speaker being President Charles A. called upon the people to contribute Callls of the southern states mission, who spoke at length on the truth ot liberally to the runds. the gospel. President Smith took occasion to The speaker told of how the Book pay a marked tribute to the late Pres- of Mormon was becoming more and ident John K. Winder, whoso death more popular throughout the world, occurred a week ago. In a quavering aud said that It contained the fullness rolee President Smith alluded to him of the gospel as taught by Jesus as "one or the best men It has ever Christ to the people or the western been my lot to know. I lost a rather, hemisphere. He spoke on charity, ali brother and a counselor, one In luding to It as love for Christ, "I firmwhose judgment 1 never railed to ly believe." he said, "that the Mormons than any have Implicit trust. He never shirked other have more charity love or God is The people. bis duty. Always vigilant In the Fregreater than all other of every duty, he was a quent quotations from tbegirts." Book or choice spirit, a noble soul, a wise, pru- Mormon were made by tbe speaker, dent man, just and honest." who eald he beueved with Emerson. President Anthon H. Lund followed that "for all I have seen I bellev God President Smith. He also paid a trib- for what I have not een." ute to President Winder, and said he or Arter telling or tbe responsibility Mormons in properly educating hoped that when he and the others their children. Apostle Richards said present were called hence such good that next salvation for one's self I as words, spoken by President Smith, the salvation or hi children. Three might be spoken In their behalf. things, he said, are Important factors Bishop Lund told of the prosperous In properly bringing up children, tha year enjoyed by the Mormon church home, the school and the church. In general. Tbe missions abroad, be Speaking of the home, he said that religious and moral education said, have prospered. Great Britain proper were as essential as a secular educawith leading, Germany a close second tion. "God." he said, "has exacted In the greatest number of converts, that we properly educate our children. and all report excellent progress. The W are commanded to teach our chilmissionaries, he said, have labored aa dren to pray and walk upright before tlduously to bring tbe gospel among God. There should be en example in tbe home. .Our example before our men. At ihe afternoon session, over which children should harmonise with our President Smith presided, the speak precepts." The next speaker was Elder Samfrs were President Francis M. Lyman, uel O. Bennlon. president of the cenEider John Henry Smith, Apostle He-be- r tral state mission, who a'luded to J. Grant and President Meibin J. the vast assemblage as a striking te Ballard of the Northwestern Mlselon; tlmonial of tbe great faith of the Morall of whom sounded the same slogan mon people. He told of tbe early tribulations or the Prophet Joseph Smith of "back to the farm," or advising th young people of Utah to seek for mate- and other of tbe faith, but declared there could be no mistake, no denlsl rial prosperity and advancement In of the fact that the lxrd bad revealed their own (Mate, where opportunities unto Joseph Smith the power of his were more numerous than la other kingdom. Males. President Lyman declared Apostle Orson F. Whitney said he that: "The country Is fruitful and had been particularly struck by tbe If not occupied by Mormon utterance of 'resident Smith, that It will be occupied by others who are thi I a gathering, not a scattering "We must practice con Dot Mormon, and people coming In dispensation. he said. '"or our work will th capital. We do not object to centrallon. be In We cannot expect to save Ibeir coming, but we want to share the other vain. unlesa our feet are firmly benefit with them." planted on the rock. W cannot spread Apostle Grant declared that he bad abroad nntll we have sufficient force always bees Interested In bom manu- to properly do so. Concentration, as facture, and hoped that In the future well as comprehensiveness, are nee the people would be more loyal la esaary In this work of God." Elder Whitney then told of the best method sustaining and building up manufac- ot fighting the enemy, not by spreadturing Institutions at home. Ho said ing out. but by forming a wedge and that preaching bom manufacture penetrating them boldly, tich as did . fall-arewithout buying the article meant the great Napoleon in hi famous baHe believed the majority of the ttle. President Joseph F. Smith then people railed to realize what was mancfactured In Utah. If the people read a communication rrom th superInflated on home manufactured goods, visor or fh census, asking the or tbe church and the authorihe said It would make a wonderful ties In securing a proper census when Improvement. tbe work starts this month. "Thl The overflow meeting In the morn- work." said President Smith, "w ing at Assembly ball wa presided heartily recommend." FELL INTO THE SEA ADVISED BALLOON LUCRE y Another Aviator Meet Death. San Sebastian. Spain Another French aviator ha met death while making a flight la an aeroplane. Hubert Leblon, who, prior to bis taking up sercplaning. was a noted lutamo-btllswas k'.'led while making an exhibition flight here on Saturday. He wss circling the royal paiace of Mlra-mi- r at a height of 190 feet, when his motor broke. He attempted to glide back to th shed, but the machine tamed and swooped with terrific force against tbe rocks. Tbe aviator wss crushed. Newspaper Men in Contempt. Jackson. Mi. Several subpoenas were served on local newspaper men on Saturday to appear before the explain where they bad been getnng their reports of the testimony given In exruHve session In tbe Tbe bribery Investigation. newspaper men held a conference and screed they would decline to answer. Word came from the senate chamber that some of the members would demand that the newspaper men be sent to jail If they refused to testify. d Bllbo-Petr- y |