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Show Tilt IN SVEKUSE FULL ASSOCIATED DISPATCHES PRESS UTAH WEATHER examiner FORECAST INDICATIONS tmE price IT charges, it is .EST advertising medium IS the CITY LVchES THE COUNTY WEATHER examiner THE CITY, .WUAS ARE ertisers AND OGDEN STANDARD NO. VOL III OGDEX Cosed for Lack of Fuel CITY. UTAH, SUNDAY of persons or property except In accordance with the precise terms U tne tar.ffs filed for that purpose and tutu, every tariff provided lor payment in money. Expressing his own personal opinion, the chnirman said that if a railroad were honestly and legally indebted to a newspaper fur advertising or anything else lie saw no reason why it should not issue transportation for It, but there cuuld be no Take" , contracts which contemplated merely the furnishing of transportation for advertising. It was suggested to the members of the association that they were not precluded by the ruling of the commission from maikng a test case if they desire to do so, and have the question judicially determined. DECEMBER MORNING. RESULTS OF THE SIX DAYS 1 ICICLE RACL First Honora Taken by Root and Prizes to Be Awarded Monday. Fol-gcr- - Railroads Ready to Furnish Relief. New York, Dec. 15. Root end Fol-ge- r first. Downing and Hipper second, Rutt and MacFarland third. six-da- y 2 Dec. 15. The telegram vMierday by the Interstate uow-mgtcom hum Lm to the president bearings will probably be held later in other sections. John H. duarble, attorney for the commission, slated tuat fifty usd been subpoenard to appear uere. lues include grain shippers, railway men, coal dealers, farmers, and men who are .n any way connected with the situation. The car s.tuaiion is bad In the south also, Air. marble states, it neing practically impossible to ship cotton. aud Indian Territory are feeling the effects of the shortened truffle, he says and the oommlsa.on will likely hear evidence from southern shippers alter the holidays. Aroused by the distressing predicament of those North Dakotans who face aero weather with iuajfficit-n- i supplies of fuel, the ruilrttoda will try to hurry coal to the districts in which reed la moat Important. Late yesterday afternoon the Great X orla era ordered that no car lot shipments except of would be accepted for points west uf Grand Forks. This applies to shipment originating at Uuiuth as well as 8L Paul and Min- Whshlngton. d railroad syateuu calling various wit-ness- attention to the complaint made car (hurt ago and failure to trail-w- rt d aeceaaiUe of l.le, brought rc oTh tori"? from Vice Preaidont L Pau. of the Minneapolis, Mi .ault 8te Marie railroad; Ueorge n U.rri the president ol the Cnicago, ViirUsuu ft Quincy ra.lruad, and ana Urvia Hughitt of the Chicago railroad. None of the KuithwMtern rail-nacivera, however, la from the com panlee supplying the territMatory where the ahoriage of fuel la ed to exist. lir. Pennington telegraphed; 'There h ao klmruae of freight or ahoriage a ol can on our lines wet of Ju.nne-apoubha-unexcept what la due to bad thu Pen-,Mio- u the last few days. President Harris of lue Burlington .We lrom Chicago: telegraphed will endeavur to comply and furnish and prompt and satisfactory will be much pleased to have any mate. iHegestli-nyou will kindly There has been no general or protracted shortage of cars or conguet on ef traffic on Uie Burlington, though it Is true that every year there la some car shortage and some congeat.on due U the fact that shippers, especially of eual, hare little or no provision In the way of shortage and always decline to sntldpeie their orders, consequently there la a general .demand for cual at the first real cold weather. Wo have bran able to transport coal for all our customer, with reasonable promptness and to do gonue thjig In the way of funnelling caft sad transporting coal for other railroads. If there le any apecUUNOOiif p Islet on the Burlington road at present It has not been made known to the officials of this oompaay, and If the eummlsaion has received any u to our failure to transport eoal oa the Burlington we will be obhged if you win give us tne details and we will guarantee prompt In of . the Chicago said: Northwestern Hallway company is not falling at this time nor hu it at any time tailed to fur-la- b can and to move them- - with promptness botn fur fuel and other commodities, and If there is suffering for lack of any commodity at euttons tributary to its lines, let me assure you that It la not due to fall-ir- e oa the part fo this company to die-- ! charge its full duty In tn.s respect I have during the last three weeas been In frequent communication with ; the governor of South Dakota m this ; subject. The report this morning Indicate a good supply of fuel at star ttona on the Ilnea of this company, South' especially in Minnesota and President Hughitt , . lack of cars, but that the situation ai never eo acute aa now. FUEL SCARCE IN NORTH DAKOTA. hours of riding had been completed, all exthe leaders were, according to Panama Canal Must Ba Built by cept the rules, retired from the track. Those Chairman Americana, Saya retired were Walthour and Bedell, and Shonts. Breton and Samuelaon, both team? having failed to make up the one top lost earlier in the race. This left of the origeight teams, Just one-haWashington, Dec. 15. Foreign are to be barred from com- inal starters, to fight out the finish petition fur tbe completion of the at one mile. The eight riders were Panama canal. Chairman Shonts of sent away to a good start and the the Isthmian canal commission made final dash of ten times around the this announct ment Many track proved to be a whirlwind endtoday. ima poila. changes have been agreed to in tbe ing. Fulger took the lead at the start form of i be contract, but tbe most Im- and never loat, although hard pressed portant is the limiting of propnaals to by Downing, who kept almost on even American flams. Tbe right will be terms. At times only ihoae at points iSlSl'LMlE reserved by the commission to reject of unukual vantage were able to tell bids, tbe commission will then positively who was in the lead. Al A$;Ai$iNATIOi all either throw the competition open to . Fogler, however, held his slight adforeign bidders, w ho will proceed with vantage to the end, winning by a narthe work contract. January 12 ia the row margin from Downing, who in Doub-aaoff Two Bomba Thrown at Admiral turn waa closely pressed by Rutt. The date act ofr opening proposals. and Ten Shots Fired hunch. A substantial reduction In the bond others finished In AH hilssed Him. of tbe successful bidders was also Wind Up Furnishes (port. made by the commission. 11 will be The wind up furnished sport that only (2,000,000 and the total ltbility under ordinary circumstances would 15. Admiral Dec. Peters to Is he to of contractor limited ii. the jurg, have brought the crowd that packed , p Hibatxiff, governor xf the loas of percentage and premiums Madison Square Garden to suffocation w as the object ot a atotherwise payable to tbe ocntractor to its feet desperate In a wild demun.it ration . which in asaaatiinaiiou today tempt at and $3,000,000 In addition. Chairman The retirement of Walthour and Bemen he roceiVod aught Injuries Turn Shonts Indlrnted other changes as fol- dell and the fact that they were nut believed to be lerrur.su, i is rtic. paled low; allowed several laps which the specla the atisck, wlurh took piaca while To relieve the contractor from tators believed should have been the admiral was waik.ng aicug a tor the use uf defective them, resulted in such dissatispath uf Uie Aurvde garuen. A materials, 'providing he has requested given faction that the least enthusiasm of u aa rested a In workman, chief fur tbe mau, the )ouiig engineer writing tbe week waa manifested at the con appr.acufcil and tired seven shots from definite approval of the materials. elusion of the contest. When the rea revolver, out lulled. Tbt terrorTo provide for a later change In the teams were ordered from the ists turned and ran with me aumirai estimated cort and time of construo-ttuu- , tiring track (here were shouts of unfair bis that aa originally ax' reed to by the in pursuit. Bedliig capiure Excitement, was intense when vi as .misuai-at- , uoubasoffs ansailaut i enidneering committee la case the rulings. final spurt began, but the cheers the his from pucaet plam and specifications for the conturned, die a tomb which the start waa attended and hurled it at bis pursuer. Doub-aso- struction of the canal shall be ma- with fainter me the men rode on unit! grew was thrown to the ground by terially altered In any respect, or If It the Root and Fogler was of victory the explosion. A watchman mu up ha. I be made to appear to the. Presi- received with coolness. comparative and aefixeti the terrorist. dent that the estimates are based on Fogler daring the week had been As the admiral was rising a second phvslcal data ao erroneous as mater- mixed up in several spills that preterrorist appeared and threw a bomb ially to affect the estimated coot and laps being made. The prises at him, which passed over hia head time of construction, or for may other vented will be swarded Monday. aeaond The ternot contractor Is did material for the which and explode. Objectionable Features. . rorist then fired three shots from a not responsible. was much talk of police InThere nnasea revolver at the admiral and It was also provided that In case him. Doubseoff threw himself upon . the government should decide to ter-- - terference during the latter half of the terrorist, disarmed and held h,m mlnate the contract when the con- the week and indications that the until he was seised by the police. The tractor ia not In default tbe contractor race might be stopped because of obtwo terrorists were taken to the near- Shall be paid the coat of the work per- jectionable features, but beybnd some est police station. A third succeeded formed by him to dste and $250, 00U in criticisms by tbe board cf health, a In escaping. addition to auclt percentage as msy few changes in the cxila ordered by The attempt on Donbaaoff'a life is bare been earned up to that time. Tbe the building committee end extra poconnected with that ot the trial of i responsibility of the contractor to the lice detailed to preserve a semblance revolutionists in progress at Moscow. I commission for nil Injuries or damages of order, nothing waa done. Daring the last few hours of tbe His assailants are supposed to be ; Inflicted upon the plant, canal or Its workers from that city who were seek- auxiliary works. Is Ilmltsd to negli- race 17,000 persons Joined In a contintbelr cheers being to avenge their comrades some ot gence of himself or say of his em- uous uproar dividing or the em- tween their favorites. No Inch of whom have already been condemned ployes or room was unoccupied In tbe boxes, ctore. to death. The attempt was one of a ployes or such a i galleries and arena, and at least Donhse-off of series against plots king I thousand persona stood under the due to the part which he played in . DESPERATE STRUGGLE. track at the east and west ends unsuppressing the revolution in Moscow able to get a glimpse of tbe riders. ' With Attack Makes Convict a year ago. Negro Even after orders were given to close Razor. Three of these conspiracies, in the doora Madison avenue waa blocked wh.ch young men and n woman of crowd. Police had all Jackson, Mlsft, Dec. 15. As n re- with a surging highly connected family were connH to preserve order In ll fight covering cerned were frustrated by the Me-oo- sult of a street. Fur the first time police but another plot In May a desperate attempt on the part of the men appeared In the building resulted In the admiral's right leg be- negro convicts to escape from the as a result rowdyism waa lesa noand inabout farm twenty convict bomb which from a by Oakley ing Injured ticeable. jury he had only recently recovered. miles southwest of thisIn city today, Series of Spurts. charge of The same leg was hurt again today. Captain J. N. Buckley, From $ oclock' until the end of the Owing to the receipt of tetters warn- the camp, sustained a severe Inch gash ing him that an attempt would be across the chest and Sergeant John I race there waa a aeries of spuria. made upon hie life, Doubasoff pen Dodds' left arm was broken. Coffey made an attempt shortly The fight begun In the hospital, Ben sfter 6 o'clock to get a lap and bad mltted the .police of 8t Petersburg term negro convict, ucceeded In losing the bunch when to take extraordinary precautions dur- Cooper, a long Charles tbe red flag went nut and bis work negro, ing the marriage of hia daughter a attacked another on week ago, when all the streets be- Prince, with a raror. The attack resulted In nothing. The crowd biased tween the admiral's residence to the Prince was the signal for a general the decision. Walthour received a enchurch were closed during the passage fight, and when Sergeant Dodds great welcome when be came on tbe of the bridal party. The admiral, how- tered the room he was beaten with ! track at 7 o'clock. The foreign riders watched Walthour cloaeiy, and at. the ever, persisted in going out for walks clubs, iron bars and other weapons. Captain Buckley attempted to quell lightest Indication at a without escorts. the disturbance and waa attacked by Georget, who closely followed hia rear hie wheel, would about a warning In Cooper, who attempted to rat h French and the others would rush throat, and waa only prevented by NuWSPAPE; HtN Pluney, another convict, knock- ahead of the southerner. A BEARING The following men started In the ing she weapon down. Pluney then grappled with Cooper and disarmed mile sprint to decide tbe race Fogler. him. Downey. McDonald. Metlling, DownWhen the other ngroea saw Pluney ing. Rutt, Clark and Emil Georget. Ask That a Revision of the Commit-- - take the, raior from Cooper they nly sight teams had a standing tee's interprets' on ef Certain Ifl o'clock. Bobby Walthour anil quieted down. Points Be Mans. Governor Vardanian hastened to John Bedell and Breton and Samuelwin Oakley on a special train accompan- made ninny futile sttempta to gut on ied by members of the board of con- even terms with the leaders. At 10:06 o'clock these two teams Washington, Dee. 15 About fifteen trol. when they reached Oakley quiet of members of the national editorial as- had been restored. Governor Var da- left the track, leaving Just one-hal-f sociation had an iniormal hearing to- man brought Plnuey buck to Jackson , the original tarter to fight nut the and will, pardon him for disarming finish. Tbe mandate of the rules afday before the Interstate Commerce commission in relation to the com- Cooper. fecting Walthour and Bedell did not please the crowd, .which expressed its plaint of the committee that railroads DELAY OF THAW'S TRIAL. caLnot enter Into contract! with newsdisapproval with hisses and jeers. repapers tor advertising and give In ReW. New York. Dec.. REGIME OF PROGRESS. turn railroad transportation. marks were made by J. E. Junkln of Kart ridge, attorney for Harry K. of O'Gorman Justice in to the Thaw, applied Sterling. Ksa., president Satoli Reports Favorably Upon AmEditorial association, and others New York stale supreme court today erican System, Incause to show the of a tbe revision an for why ordr and they asked that murfor made the 'Thaw be dictment against comaiittee'a interpretation Rome. Dec. 15. The Pope is rejoicwith a vjew to the continuance of the der uf Stanford White should not be is ing this evening that tlie happening relations dtorr.isvg'l unless a speedy trial same satisiactory business are not so eeriou as had between the railroads and publica i granted! Tbe order was served on In France eared. He had expressed the DIs'rict been existed for Assistant Carvan, mM have Attorney they wuicn I and was mars returnable Monday. hope that tbe good sense of the long time. ! has Thaw been cite French that The prom-i-edeclared that people In their finding a way papen Knapp Cha.rn.an ' railroad men hid applauded the In prison 72 day, and that not only to trlnmph over their present diffaction of the committee. The chair-ma- Is hia health being Impaired, but also iculties. The Pontiff today received Cardideclared that the law comprehen- the health of hia wife and mother nal Saiolli who was formerly papal pro- through anxiety over the undue and sively, explicitly and unqualifiedly delegate in the United States. The hibited the transportation by railroads unnecessary delay." 144 lt con-traito- rs blue-sow- and Northwestern "The Chicago ft Senator Hansbrough of North Dakota consulted the commission today and declared that the situation regarding coal In his state la moat deplorable and that the public schools are Hosing on account of a lack of fuel. & U said at the commission' offices tost for a number of years at this eason there had been complaints of a the AlLfiPi relief." Dakota." FTance. At 10:16 o'clock when CANNOT COMPETE l nt ooni-plsl- ff sub-cont- ra -- Trying to Locate Responsibility for Preaent Condition, ftrgo, N. D, Dec. 15. The' Forum ): ; That the fuel famine will quickly waune a serious matter In this state V the branch roads are tied up by !"w blockades is evident! The tup-W'if coal, wood and oil are very In moat of the towns. A great " of Inconvenience and discomfort, positive suffering even, la poa-n slnle. There are many views The as to the for the preaent eoriitlons. railroads re blamed for not In fuel. The dealers are blamed V the made and their patrons ship-Ha- g ot ordering earlier. The patrons blamed by the dealers for not . jjorln earlier and before more fore-haade- The Forum was in touch with many "wd( uf the state, and found that the cl ex-- A in some la supply affictont 4 and entirely ew towne seem to hive to withstand a long alege of billiards. x. D Dec. 15. The fol-rmessage has been sent by the t.otnmerc!aj club to President Eliott Northern Pacific railway at n raul: "Maddnck and surrounding Madduck, D Jn great need of coal. Dealers exhustcd and private aup-n- t ni ii last to exceed one week, rerefore most urgently request mniediaie relief." - 8HORTACE C oi oierre Matter V C.:-;- ta tloii Will Take the Com-Huio- n rn,.r.0.,v av Up-- 15Ar. M,nij been cr.mpletcl ior commerce omwission ,nt0 car shortage ' ill 1!" be'n Moadav Frank- - James S. Harlan. ty" L2";f id a polls; the comnParion-1- n JJ, xB" tn--To fblcaeo where a brer-c held Thursday. Other -- THAT THE BE FAIR free-for-a- uni-.oiui- ME ! J AND COLDER. SIXTEEN igo6 OF PRICE FIVE CENTS PAGES cardinal explained the situation with regard u Catholicism in the i uiietl Slates, where there exists reai sep- aration between tiiurrii and stale, stataltitude toward reing the ligion result'd in :he complete and dignified liberty of the churcl:. That," exr'.ami'-- the pope, "is really a regime ef plug: ess. ' I j REPRESENTATIVES. Invalid Pension Bills. 350 in Number. Passed in One Hour. Take Step by the Attitude Forced to Washington. Dec. ia. The iijusc today passed Sail Invalid pension bills in less than one hour. Previously the erican Financiers of Am- Necessary to Avoid committee on appropriation had reported an urgent deficiency bill carrying $iibl,5iMi for Hie various departments, including $liu.9iu for mileage uf army officer and $25U,0ih) to carry out the pure fund law. Representative M. R. Patterson of Tenneeeee resigned from tbe insular Mexico City, Dec. 15. There baa affairs committee and the speaker ap- boon of discusadon today In ofpointed Garratt of Tennessee to tlie ficial plenty commercial circles uf the and vacancy. frank speech in wbirh Minister of Sunday. January 20th. the house wlil Idmantour last night explaintake cogntzcanre of the death of the Finance to congress the government's ac late 8enator Wm. B. Bate of Teunee-seC- . ed tion in buying the Mexican Central Fear of what he styled the Tbe house adjourned at 1:65 p. m. railway.railroad trusts of Uie United great States wa the principal reason for the purehase, the mini star declaring PREPARING TO TAKE that the government, had been forced to enter the railroad Held on a DRASTIC .SERES gigantic scale. He Intimated that the merging of the National and Central is but the beginning of the plan, Injunction Suite Againet Ban Fran- although the republic now nwna all cisco Board ef Education le the big operating linen In the counIntimated. try. After delivering hi speech he presented a bill at tha request of President Diax asking that the session of San Francisco, Doc. 15. The develcongress which la about to close be controin International the opments whole situation over of the segregation the prolonged that the considered versy by the carefully Japanese school children today indi- might beand the senators. cates that the United State govern- deputise Minister Liniantour aald that the ment is preparing to take drastic was first forced into the through the federal district at- government business In 1903 when the torney's office against the board of railroad of a education. Exactly what form this le- National waa purchased because Cenand the gal procedure will take his not been merger between that line tral was about to be 'consummated. made public, but It Is now officially InAt that time the government declartimated tliat it will be an Injunction suit brought In the United fttates ed that Ita attitude to railroad affairs courts to restrain the board of educa- would bo passive, but a change waa forced by the altitude of American tion from carrying out Ira order segregating Japanese pupils in the oriental railway financier. Tbe minister said: schools. Peril. Trusts Assistant Attorney General James C. McReynoIds arrived today in this "Gentlemen, you are familiar with city from Washington to look Into the the aspect offered by the transportasituation for tbe federal authorities, tion question in the neighboring naend he spent the greater portion of tion; the problem there is ouly n the day In ekiee consultation with phase of the trust question which may United States Attorney Devlin. All lie characterised as a peril. Those parties concerned maintained absolute great corporal luna are being extended ecrucy aa to the result of the conferevery day and eapemdoa haa been ao ence, but it is known that tbe ease of pronounced In recent, years that It may the segregation of the Japanese school be aald that the aim of moot of the children, although It waa gone into la financial Interesting controlling tbe It every phaae, was not the sole topic trtnsportatkm system of the United discussed. Slates Is to absorb as many other After the conference the assistant linen as possible. attorney general refused to make any Tha United Staten government, (atement as to what betlou the au- alarmed by the tendency, end desirous thorities st Washington contemplated, of Initiating a reaction against it baa or to express any opinion as to the token action which alma at combatprobable legal procedure! n the case. ing those organisations and checking He left on a late train tonight for their continued expansion. Under the Washington, where he will make a re- rlrcuiiMtanona It waa natural that we port to I he attorney general on the should endeavor to prevent the powersituation in this rlty. United States ful corporaUona In question, attacked Attorney Devlin stated that he espect-e- d aa they are by all legal means In their to receive definite Instructlona .as own country, aa well aa b ormused by to the manner in which he will pro- the pressure of public' opinion, from ceed In the case at any minute, and coming hither and seeking to sltorb he has intimated that an Injunction those Mexican railroads whlrb are not. restraining jhe board of education already under the direct control of the ' from carrying out tbe segregation government" order may be applied for in the fedThe minister summed up bis argueral court. ment aa follows: Rteeena For Action. "Thus, gentlemen, there are three CARDINAL GIBFONS main argument for the merger: First to avoid friction between the differ DEFENDS LEGrGLD ent corporations when the two are competing Ilnea, or when one of them rear being antagonised by a counerl Believes the Agitation Against the In which the government bolda conKing le Animated by Jtalouay trolling Interest; secondly, to avoid and Rivalry. the absorption of properties not con . trolled by the government by one of the greet railway systems f the United States; thirdly, the prospect of Baltimore, Dec. 15. Cardinal replying to a declaration made realising economies through consolidation under a single msnagenionL by Rev. H. Grattan Guinness of LonTbe speech was frequently applaud don, England, yesterday that the cardinal is tbe power that baa prevented ed aud there remed an overwhelming Joint action by England and the sentiment In favor of the Ideas advancUnited States looking to the nppres-lo- ed by Sen or Llmantour. of alleged atrocities In the Congo Free state, made the following stateNEW BATTLESHIP. ment tonight: I have observed in tbe papers that Excels All Others in Naval Conetruo-tlon- . an emissary of the Congo Reform bus made a personal attack on me for my attitude In defending Dec. 15. Completely New York. King Leopold's Congo administration I battleagainst thoe unjustifiable attacks. My equipped for eervloe the new York position in the matter has always been ship Connecticut left the New very clear. I have naturally means navy yard today bound for Hampton of keeping in close touch with the Roads, Ya., to join the Atlantic Heel. The Connecticut underwent Bil the Hltuatloir through our missionaries. There has been a great amount of tests of her machinery at the yard. exaggeration in these stories of mal- Her departure Is the first Instance in administration. The king la a wise ' which a battleship has gone direct aa well as a humane ruler, and we from the building yard to service. Navsources that al Constructor Baxter, who has had hear through whenever cases of crueltv have oc- charge of the completion of the Concurred as such things will occur un- necticut, said: Here goes out a ship which demder, every humane government-th- e olishes all the records of the world to redress such has been prompt king In naval construction. Not even Great abuses end to punish tlie offenders. "I fear this agitation against King Britain, the tending country in shipLeopold's Administration ia animated building, has ever sent one of Us partly' by religious jealom-- and partly bstUosnlpa to sea without a prellmln-krbv commercial rivalry. II ia to be deep water trial. But I know hoped that the individuals who are enough about the condition of the carrying it on will not lie successful Connecticut to say that this very in their efforts to Induce the great minute she Is ready to whip any othpowers of the earth to Interfere in tbe er battleship in the world, of course, affairs of a small nation. In defending giving her a little practice with her the Belgian administration of the guns. Tbe keel of the ship was laid March Congo I am actuated solely by a sense 10, 1903: she was launched Sept. 29, of Justice and fair play. Absorption by U. S. Corporations. I ac-lin- n Ara i Gib-bon- ring aide before the Coliseum Athletic club of this city, January 3rd. A wager of $1,000 was made between McCUntlc, Hylands manager,, and Dtckersun. manager for Lewie, and one of $3jMki between Johnnv Corbett, manager of Gardner, and Dickerson for Lewis, The Hyland-Lewl- s fight wll probably take place in San Kranclsoo, ft ia aald. RAILROADS THREATENED ftlTHCONFISCATlON Roosevelt's Prosecution of Corporation la Bitterly Denounced by Railway President. New Orleans, Dec! II President H. Smith of tlie Louisville ft Nashville railroad, kpesklng ad The Great Railroads of the South." at a banquet of the New Orleans Progressive union, said tonight: "The east uf operating and maintaining railways ha been Increasing with leaps and bounds. To add to the sax-let- y the owners of railway properties are threatened with possible confiscation by the people who are to an extent debauched by political leaders, who for eellliih reasons denounce corporations. falsely charging them with running the country, President Roosevelt has in two annual message sharply rrtttriaed two of the federal Judges because they have rendered dedslnne unsatisfactory to him. He and the department uf justice have ia effect pursued a course of Intimidation nut heretofore attempted. ' When it is considered that the President appoints the- - Judges, which inrhidee their promotion, itt le sot too murb to characterise hie conduct as dastardly. His plaint la that the government 'has not tbe right of appeal, and that the declffione which he denounces were final. Are the Judges at fault because the laws of the country do not provide for an appeal In criminal cases? Since the creation of the government the law baa been that a man accused of crime and acquitted cannot be again tried for the same offense bis life and liberty may not again be Jeopardised. The Justine of such a law will not, I think, be denied." Milton HICKB STILL ALIVE. I Covered With Twenty-fiv- e Feet Earth end Timber. of Bakersfield, CeL, Dec. 15 With e fort of debris and broken timber between bim and tha rescue party digging the drift 'through tbe aide of the mountain into tha caved I a t annul where he la entomb'd, L. B. Hick waa very cheerful today. JC word sent up through a narrow steni pipe was that he had enjoyed a fine nights real." Music from a phonograph and the dally news was communicated and milk la supplied at regular three-hou- r intervals. It Is expected that tha rescue will be effected some time tomor- twenty-fiv- -- row. JOSEPH M. NEIL DEAD. n . y . 1904. HYLAND-LEWI- J5.-Clf- ford Okla.. Deo. 15. A coal famine I now prevailing In this part of Oklahoma, the supply both here and In Oranlie bring exhausted. There Is no timber to be used for fuel and many farmers sre burning fences and uuthulldlnrs. The weatfcei is very severe. Coal in transit la being confiscated by i he railroads, and apparently there Is no relief In sight. A crowd of fifty farmers went to the Rock Island riaMon today and took charge of S FIGHT. Mangtim. . I the last car. Units relief comes utiort-l- r all public works will be dosed and many families will he compelled to n I suffer. Greenwich. Conn., Dec. 15. An realisation into tbe death of Jose M. Nell, g former prise flghteiowhl occurred last night In a local hot Neil and a woman known here wife went to the hotel and wore i signed to a room. Ten minutes 1st tbe woman asked the clerk to ae for a doctor, saying that Nell waa Dr. L. O. Thompson, who was au moned, found Nell dead with a bla mark under tile right eye. Tbe wo an also had a Mack eye. Rhe made esplanatlon. She ald ahe wanted go to New York to see her mother a shewa allowed to do ao. On recommendation of a medical t amlner an investigation waa beg today. AMBASSADOR Will Probably Take Place in San Francisco. Denver. Dec. 15. Fighting Dick Hyland of San Francisco and Harry Lew-l- a of Philadelphia were matched tonight to fight for $1,000 a side at 133 pounds, weigh In at I o'clock In the afternoon before the club offering tbe largest purse. The aide bet wa deposited with a local newspaper, .lini my Gardner of Lowell and Harry were also matched today to meet in h bout ai i::s lbs. Lt-wl- a d REFUSES. Madrid, Dec. 15. The Imparda! today aavs that the Spanish government wa stupefied to learn that Cardinal Merry del Val, the papal secretary of state, had requeated the Spanish ambassador at Pari to take over the archives of the nunciature abandoned by Mgr. Moutagninl. The amhsaaador at Paris refused tu do so and aaked Madrid for instructlona. ooooooooooooooo O DYNAMITE OKLAHOMA COAL FAMINE. Nn-tbm- al SITUATION. 16, HOUSE These teams were winners in the bicycle race concluded at Madison Square Garden tuniglit. Tbe lari Downing mile wa ridden by and Rutt respectively for the thre-firsr teams The time was 2:17. Tbe distance covered by the eight teams RATES IN CUBA. remaining was 2.292 miles and 2 laps At the finish the riders were 441 mtle.-15. Dec. Governor Washington, laps behind the record set by Miller Wlnthrop of Porto Hlco had a confer Waller for the same numtier of ence with members of the Interstate and In 189. The same team won commerce commission today regarding hours Ibm year's race. Rout then makln Is and. Rates on the affairs railway final dab. and other features of the system are the Order of Finish. unsatisfactory, and It la charged that The order of finish of the other there are discriminations of various kinds prevailing. The governor ta teams follows, the partner riding the anxious that the interstate commerce last mile being placed first: commission send an expert to the Fourth, McDonald, Somerville, and island to study the situation. Coffey, Boston; fifth, Metlling, Canada. aud Logan, Ireland; slxih Clark, Australia, and Pye, Australia; seventh, Downey, Chelsea, aud Moran, Boston: FOREIGN CONTKACIORS eighth, Georget, Prance, and Georget, North Dakota Arc Being PuHic Schools of WILL IN SOUTH, SNOW OR RAIN IN NORTH PORTION, WARMER SUNDAY. MONDAY FAIR AS WELL SUBSCRIP OPEN TO AG our f ARE KILLS SIX. . Knoxville. Tenu.. Dec. 15. 8ix men met Instant death today In a djnamH explosion 24 mile from Newport, Tenn., and just across the state line in North Carolina. They were empljyed on an extension to the Tennessee and North CarA olina railroad. load of dynamite for a blast exploJed while being tamped, tearing six men Into shred and Injuring another. The victims lived near Mount Sterling. 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