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Show DAILY UTAH STATE JOURNAL VOLUME JUDGE EL NUMBER J. O&DEN,. UTAH 111. A. HOWELL THE PRESIDENT EOF ST. PATRICK'S WINS THE CONTEST By Will Rendered PEABODY Judge Morse This Morning AS GOVERNOR Decision Was HEARTY FIERCE BATTLE NOW BEING DAY the Guest at a Series of The Parade In Dublin Was WitFunctions Arranged In nessed By Many Thousands MED Pursuit of Retreating Russians Continues With Unabated Vigor. of People. His Honor. DlRLIN, Miirch 17. The SI. For the day parade in Dublin today was President Roosevelt can., to New York today to by many thousands of peobe the guest at a series of functions ple. In si. Patrick's a iimngi'ii in hi honor. The presiden- special mass was celebrated by Rev. tial special was met at Jersey City by William F. Dougherty of New York. a delegation representing the Friendly NEW YORK, March 17. St. Sons of St. I 'a trick, which acted aa an ilay was observed In the metropescort to the home of the president! olis with special services in ull Roman sister, Mrs. Douglas Robinson, In West Catholic churches, s parade and a number of dinners. The parade was street. This afternoon one of the in recent yeura, the president attended the wedding of nearly 20.000 largest men being In line. At the his niece, Miss Eleanor Roosevelt, and dinner of the lYlendly Sons of St Pather couuin, Franklin Delano Rooaevelt. rick at Delmonico's tonight President which took place at the realdence of Roosevelt will be the guest of honor. Mr. and Mrs. Henry Parish in Eaat I.' i.N'DON. March 17. The observSeventy-sixt- h ance of St- - Patrick's day In London street At an early hour this evening the was along the same lines as similar The Irish regiment will escort the observances of the past. president to Delmonico's, where he will Hag was flying from many public address the Friendly Sons of St. Pat- buildings, special services were held In rick at their annual banquet From the Catholic churches, and the shamDelmonico'a he will proceed to the rock, or something representing It, waa Hotel Astor to be the guest of honor at seen everywhere. The Irish troops at the banquet of the Song of the Ameri- the various garrisons were given a can Revolution. Other speakers at this day's leave. function will Include Senator Chauncey CHICAGO. March 17. St. Patrick's Lieutenant-GenerM. Depew, Adna R. Chaffee, and day was observed with special services Brigadier-Generin all the Roman Catholic churches of Frederick D. Grant. Chicago, thoae in the cathedral on the north side being the moat elaborate. THE PRESIDENT IS ACCOMPANIED BY HIS WIFE This evening the various Hibernian societies will celebrate the day with the WASHINGTON. March 17. Presi- usual round of entertainments and dinrat-rick- 's wltm-sKC- RECEIVED Victory Achieved Over Adams After Promise That He Would congratulations Resign, That k C, Richards Contestant Will Appeal Case DENVER, March 17. The Republito Supreme Court can leaders at noon positively announced that James H. Peabody's resignation will he filed at 4 oclock this afternoon in accordance with the agreealx laborious talk of nearly 4JOT Announced emtion Judge Morse dosed ment under which the Republicans ll election united to seat him. While the straight gt celebrated decision bla Peabody Republicans are trying to Inannouncing ceateit by that the certificate of election duce Peabody to withdraw his resignation on the ground that it was obtained ued to Jamea Albert Howell waa under coercion, other friends insist jgally laiued, and thua deciding the that hla word Is pledged to resign and Daniel cm in hla favor and agalnat he must do so. contestant. gamer, the won his contest for the ofPeabody At the close of the rendering of the fice of governor, from which he redecision C. C, Richards, of counsel for tired on January 10, after serving a gamer, arose and addressing the court term of two years, but his victory was achieved only after he had given hla aid that the atatute provided that pledge to resign and surrender the riiould the case be decided agalnat the chair to Lieutenant-GovernJesse F. rontestee he must file hi appeal within McDonald. The vote in Joint convention of the ten days-- While the statute waa silent aa to the contestant on that point be general assembly by which Governor Alva Adams was ousted and Governor desired that the findings should be James H. Peabody Installed was 55 to lied aa soon as possible so that they 41. Ten Republicans voted with the Democratic members for Adams. could prepare their appeal to the suIt was more In the nature of a party preme court and Judge W. L. Magln-nl- s a personal triumph, for both Peathan done should be promised that that body and McDonald are Republicans this evening. and Adams is a Democrat. Although When the decision waa rendered a the Republican majority on Joint balhrie number of the members of the lot Is 35, the membership of the legislature being 65 Republicans and 81 bar and the general public were prea-had been found Imposamong the interested listeners bet- Democrats, it sible for to Peabody enough Regain Mr. and Mrs. Reese Howell, the a! him as govvotes to reinstate publican firtnta of the conteatee. The decision, the bienriich la given verbatim below, does ernor for the remainder of in January, 1907. Mi enter Into the legal technicalities nial term ending Governor Adams who had spent the w details of the case,- but is a succday packing his effects, surrendered inct presentation of the main Issue. his office to Governor Peabody shortly The case has been a protracted and after 5 oclock yesterday afternoon. arduous one. Judge Morse, counsel Scores of letters, telegrams, and teleand all concerned are much pleased executhat an end has been reached. Judge phone messages had reached the tive chamber during the day urging Howell was the conof many recipient Governor Adams to hold his seat by gratulations at the close of the case. this aa- The full test of the decision of Judge force but he decided to ignore Horae follows: d In conversation he said ne felt In this case there remains at this action of the general as; at the time to determine only the Issues presmbly and expressed surprise that ented by certain of the counts of the r. Peabody should become a party to tatement or complaint, In which It Is he termed a conspiracy for a mnn hat alleged that certain offenses against no claim whatever for the ho had the election law were committed by the ace. Later Governor Adams will le contestee which would render him Ina formal statement to the public eligible to take and hold thia office. the result of the contest. garding A very dear and comprehensive Peabody was escorted boGovernor has been presented by the par-U- a re the Joint assembly by a committee with reference to the law, the ter the adoption of the report and proper rule in the consideration of testsolutions restoring him to the office imony upon matters of this kind. And He was greeted with governor. while it Is true that, generally speak-Ineers. The oath of office waa admin-tere- d the proof ought always to be clear to him by Chief Justice Gab-r- t. and convincing to finding any support the applause following the When X the court, for obvious reasons there remony subsided , Governor Peabody are matters, the nature of which Is anked the members of the legislature fori) that that expression Is empha-iaetarr having done their duty." and in cases where the rule that would action their that red them proof ought to be such as to exclude eet with the appropbatlon of their nP reasonable r. doubt, It does not nstltuents. yet where the ordinary rules are No hint was given in Mr. Peabody's ot ruch as to meet Jus-the apparent eech of his intention of resigning. the matter that expression is Joint convention adjourned untila ie foiphaslaed. and there la occasion, I Tuesday, when It Is expected t It, to anonunre a doctrine that on the bribery charges will he would require a port somewhat higher grade or degree of evidence than in other ft--. Hamer-Howe- or , nt - ouv-ge- Fat-riek- Fifty-sevent- Sixty-nint- h al al of cases. My view Is that In MOTHERS CONGRESS of this kind there are cases COMMENDS CANNON Jln that class, that In order to Ju-asupport the finding of the WASHINGTON. March 17. The jruth of such allegations as are con-I- n commitee of the mothers con-e- -this complaint, the proof report at the final session today Mormonism ?"t to be particularly clear and concondemning clause a vincing. d urging the unseating of Smoot,r T.'ow i do not refus-Intend, this momln ie senate was commended for Mex- -, enter upon an New and Arlsona analysis of this ev to statehood condi-in- s. nr to give the reasons why son on acocunt of polygamous ' evidence has not aa J. Cannon, gre Frank got weight other evidence. It wou expelled from the Mormon cently no useful purpose for me to i erye on the striurch, was commended tat; but I will say that th led to his expulsion. merely which de "toence Is not. in the Judgment J court, of that dear and convlncli f0R JMraeter which would CONDITIONS Justify the flm of the truth of these allegation d the 17. The March Judgment of the court will WASHINGTON. a Issued a"ePtions are .vth has sustain) not currency of hv mptroller na-n- al of Proof, and findings may be mai condition 11 for reports on the ccordlngly. hanks at the close of business h reference to I the legality or lesday, March 14. y s not crta,n votes that were ca recall the namea of the pa CROMWELL denies ,m of the opinion that It 1 n n.b charge9 nnY?fary to "take any finding on tho 17. William There were not to excel ORK, March 1 th,nk, that evidence waa lntn unwell today denied in any In relation to, that Is where tl he was Identified with the voti to whom Vf they jingo govemmnt or Its tor 1 w'Ri material to make flm by Senator Morgan ln .. vaatgnfiV. uPn that matter, there may some questions which !Ten1t,IJ of the court would be d flpuifn ounted, that the certl-lo- n inwi,.0f 0,uton: but there not be! which was Issued to n that would In a w,v 1. and the 1 the Judgment Is 1 wesult case, of this court j onteatant." notd eem It necesasry ion the findings of fact ny fln1ng with reference a filed. In It the contes-- i in2c votes. levied against the con-iv- e r will vU'1,fTT,ent the court that not yet been taxed, of v.Lh?v,n"r aPPered upon the cot made a motion for rds thnt J the rontestee, AlheM, h, was overruled, to which yi,ow11, received a the majority tAnk Hcentlon. '"I votes cast, legally mart me case nd res-utlo- ns ss u Ex-Sena- ClL 1 j jo .! IVgtt Alliance Between France and Russia Reported to Be Weakening. 4444444444 A dispatch to the Evening Standard from LONDON. Maivh St. Ptersburg says a fierce battle la proceeding north of Tie Ling. 17. 4 4 dispatch to Reuter's from General Oku'a 4 headquarters states that pursuit of the Russians continues with the 4 4 same vigor that marked the early stages of the retreat. 4 LONDON, March 17. A 4 LONDON, March 17. A dispatch to the t'entrAl News from St. 4 Petersburg atatea that General Kuropatkin left Tie Ling on a special 4 4 train Wednesday night bound for St. Petersburg. 4 4 4 BIRMINGHAM, Eng., March 17. The Post says Russia la about 4 4 to withdraw the special privilege Recorded French war Correspond- 4 enta In the Far East. This la regarded as the first sign of the weak- - 4 4 enlng of the alliance between France and Russia. PARIS, March 17. The Petit Journul prints a dispatch from St. 'Petersburg stating that Kuropittkln Inst eighty guna and 19,000 kill- 4 ed and wounded at Tie Ling. 4 4 4 4 4 ST. PETERSBURG, March 17. It la reported that the railroad communications have been cut behind the Russian army, but the news la not officially confirmed. The news Is awaited with Intense anxiety. 4 4 4 4 4 4 4 4 4 4 4 4 4 44444.444 44 4 4 4 4444-44444-- ners. dent and Mrs. Roosevelt, accompanied by Secretary Loeb and Dr. Charles F. CHARLESTON, S. C., March 17. Stokes of the navy left this morning for New York City in the special Fluna on an elaborate scale have been car Olympia atached to the regu- completed for the St. Patrick's day lar 6:55 Pennsylvania train. This af- banquet of the Hibernian society toCongressman Foster of Verternoon the president will attend the night. of South wedding of hla niece. Miss Eleanor mont, Governor Heyward men of naRoosevelt to Mr. Franklin Rooaevelt Carolina and several other This evening he may he the gueat at tional reputation are among the schedtwo banquets, one given by the Friend- uled speakers. ly Sons of St. Patrick, at Delmonicoa, HOUSTON, Tex., March 17. The and the other by the Bona of the Ammost impressive of St. Patrick'1 day erican Revolution at the Hotel Astor. ceremonies ever carried out In this city vere those leading up to and including NEGOTIATIONS LOOKING TO SETTLEMENT OF CONTROVERSY Vhe unveiling of a monument in Market square, erected to the memory of hla little PARIS, March 17. M. Delease, min- Lieut Dick Loading and ister of foreign affairs, announced to- band of heroes who made famous the The program day to the council of ministers that battle of Sabine Paaa. one. It began with negotiations have been opened with waa an elaborateIn the morning at St. President Castro looking to the set- special services tlement of the controversy Involving Patricks church. Early In the afternoon there was a parade of Confederate the French Cable company. and patriIt la stated that M. Delcaaae has rec- veterans and other military monuommended to the council of ministers otic societies to the site of the of exercises where the ment literary underan the advisability of reaching oraThe were held. principal the day standing with the United States govLan-haernment regarding the settlement of tion waa delivered by Governor the dispute with Venesuela. . JAPAHESEMlSTER ipplicIrTfor WAIT OF MANDATE DEMIES CHARGE Grcuit Court Injunction Will Prevent Distribution of Northern Securities Funds. Refutes Assertion of Representative Hull That Japan Will Attempt to Secure Philippines. WASHINGTON, March 17. An application for the Immediate Issuance of a writ of mandate In the recent decase was cision in the Harrlman-Hl- ll made In the supreme court this morning by IV. P. Clough, general counsel for the Northern Securities company, and was opposed by Maxwell Evarta, representing the Harriman Interests. Mr. Clough argued that unless the mandate was issued immediately the Injunction of the clrcullt court of New Jersey, preventing the distribution of the funds under the Northern Securities decision, will remain in force, tydoling up property worth a billion molars. Chief Justice Fuller took the tion under advisement. WASHINGTON, March 17. Japanese Minister Takahlra, In an interview, denies the assertion of Rep. Hull, chairman of the house military committee, that Japan will attempt to secure possession of the Philippines, either by purchase or force. He says Japan and the United States should be good r.leghbors In the Far Eaat and steadily develop the friendly tlea of GENERAL OYAMA AND SEVERE RUSSIAN STAFFENTERMUKDEN TURKISH TROOPS AND MACEDONIAN REBELS CLASH The Zeltung reports an engagement between Turkish troops and Macedonian rebels at Gewgell, In which thirty March BERLIN. Macedonians PROMINENT EVERETT, 17. Frank-feurt- er were killed. MINING MAN DIES OF CANCER Wirt, March 17.-J- ohn Bender, one of the most prominent mining men of the northwest, died last night of cancer. He discovered the famous bonunsa Queen group of mines. MUSICIAN UTAH 44444444 4 4 IS their mutually advantageous commercial relations. There la no government In the world which can take from the United States In the east or the west anything which belongs to us." in the above language Senator Spooner In the senate thia afternoon replied to the alleged statement of Congressman Hull of Iowa, the predicting trouble with Japan over exSenator Spooner Philippines. pressed the sentiment that while there might be a difference of opinion as to the wisdom of acquiring the islands and' policy of management, the United States would never submit to see them taken away by force. He said no one could say what the ultimate policy of the United States toward the Philippines la to be, the United States going on from day to day dealing with the problems aa presented. Hla statement that no power could wrest the Philippine from us waa addressed to the Democratic aide of the senate and waa greeted with applause from both itdea. EXPELLED FROM BERLIN 44444444444444444 March 17. The official Police Journal publishes an ad- mlnlstratlve order expelling from Berlin Howard Beard, an American student of music, of Coalville, Utah. No reason are given. 4-- BERLIN, 4 44 4.4 4 4 4 4444444444.444444 4 4 444444444 REVERSE IT TIE PISS Great Number of Russian Prisoners Were Compelled to AbandonRemain-de- r of Their Artillery Before Have Been Taken In Direction the Retreat. of Right Wing. TOKIO, March 17. A dispatch from The railway station the front says: at Tie Ling la a splendid structure. The enemys provision and fodder piled around this station were set on of the material defire and have captured numerous stroyed. spoils, but have no time to investigate them. A great number of prisoners have ben taken in the direction of the right wind, but no figures are given." The following dispatch haa been received from Mukden, dated the 15th: Field Marshal Oyatna and his staff entered Mukden this afternoon by the south gate. Many troop are encamped near Mukden, and they lined the streets of the city, displaying their tattered battle flags. The Chinese officials gave General Oyama a warm welcome. Thousands of Chinese congregated In the streets. All the public buildings were decorated Hnd thousands of JapSeveral anese flags were displayed. thousand of the dead left on the field about Mukden are now being cremtwo-thir- ds ated. of " Kuropatkin Has Left Tie Ling En Route to St. Petersburg h g. ap-Pl- Reported That 's is-- d. FOUGHT NORTH OF TIE LING Be NEW 1 (IKK. March 17. eecoiiil time within a month COHTESTEE FBIDAY, MARCH 17, 1905 LONDON, March 17. A dispatch to the Times from St. Petersburg gives unconfirmed reports that the Rualsana sustained a severe reverie at Tie pasa involving the abandonment of their remaining artillery and that the Japanese have cut the railway north of Changtufu, forty miles above Tie paaa. An unconfirmed rejiort from St. Petersburg states that General Kuropatkin will retreHt not to Harbin, but to Kirin and Vladlvoatok. This, however, la regarded here aa quite improbable, and the ensuing fortnight la expected to witness a keen race between the Russians and Japanese ror the great railway bridge over the Sungari river, aa It la believed that after Tie paa there la no fortified place of sufficient strength at which to make a stand until the Russians reach Harbin. If Kuropatkin should be able to make a successful retreat thither it Is likely that he nould be able to add some fresh troops tu his exhausted army. A question discussed here is the possibility of Russia evacuating Vladivostok and concentrating its garrison at 60,-01- 10 Harbin. With the evacuation of Tie pass on PLUNDER Wednesday night the Russian army CASTLES OF NOBLES abandoned the last stronghold In southern Manchuria and definitely turned WARSAW. March IT. Bands of over the section to the Japanse for peasants last night attacked the castles the coniuiign of 1905. At least no of Count Constantine and Count An- other strategy la possible for General drew Yam oy ski at Koalowka, Poland. Kuropatkin, in view of his scanty supConstantine's castle waa plundered and plies of ammunition and stores, the the count had a narrow escape from shattered condition 6f hla army and death at the hands or the peasants. the wide enveloping movement which The state forests of Piotrkoff district the Japanese have continued almost hare been devastated. without a atop since the Russian defeat at Mukden. RUSSIAN LOAN HAS Nothing haa been heard of the part NOT BEEN CONCLUDED which General Kuropatkln'a army Is taking in these operations, but Generals LONDON. March 17. The Evening Nogl and Oku, operating in the low Standard haa received Information that hills of the Tie pass gorge, were themthe representatives of the French bank- selves sufficient to turn the shattered ers have left St. Petersburg without Russian army out of the fortification concluding the loan which Russia haa which had been prepared with a view been soliciting. to being held by the army after it should have withdrawn from Mukden. RUSSIA DETERMINED TO The Japanese evidently are doing ISSUE INTERNAL LOAN their utmost to accomplish the envelopment of the Ruslan army, which all March 17. It but succeeded at Mukden, but General ST. PETERSBURG. Is stated that Russia ta determined to Kuropatkin, with the railway for a issue an Internal loan of $100,000,000 line of retreat, probably will he able bearing 5 per cent. The price of issue to keep ahead of hla pursuers. A conenis 92 to 95 per cent. stant succession of rear-guacounters may be expected. FACTORY EMPLOYES AT Military men here have hut the WARSAW THREATEN STRIKE haalest ideas aa to where the next stand will be made. Apparently there WARSAW, March 17. Workmen in are no more fortified positions in readieleven factories threaten to strike If ness, and the retirement probably will the proposed mobilisation of reserve not stop ehort of Kirin or Kuanchentxy, la attempted. Similar demonstrations on the railway line, and if the Japanese press the pursuit, the Russians are expected at Lods. may retire beyond and up the Sungari MYSTERIOUS LETTERS LEAD river, there to await new levies, the TO ARREST OF PAGE mobilisation of which will begin ImPEASANTS rd ST. PETERSBURG, March 17. The mysteries of the lettera to the emperor by revolutionaries, which have been o, constantly found In the palace at have been solved by the arrest of a page named Verkovakl. Taar-koe-Sel- mediately In Russia. The evacuation of Tie pass involves the loss of the coal mines In that vicinity, which, with the Fuhan and Yen-tmine gone, 1 a never blow. The railway hopa at Tie pass and more supplies were sacrificed. al |