Arizona Daily Star from Tucson, Arizona • Page 1

i 111 j-jh' VOL.LII. NO. 280. TUCSON, ARIZONA, WEDNESDAY MOHNING, DECEMBER 4, 1912 Weather-Today Fair EUROPE GETS IMIIIUE III MESSAGE ARGUMENTS CLOSED ARMISTICE HAS AT LAST BEEN SIGNED THE QUESTION NOW BEFORE THE HOUSE By John T. McCutchcon.

IN NEWSPAPER CASE 5 (Copjrlcbtt Ul; By JebB T. MoOvtttttoa.) Publicity Law and Postoffice Appropriation Subjects of Suits SENATE IB ARRAlBflMENT OF ARGHBALD WASHINGTON, C. Dec. 3. Arguments as to the validity of the newspaper publicity law and the section regarding the postoffice appropriation were closed in the supreme court today.

Solicitor General Bullitt spake for the government, and James M. Beck, in behalf of the newspapers, attacked the consMtntinnnllitv I Greece 'Refuses to Agree to Decision and It Is Feared That She Will Refuse to Participate in the Peace Conference RED CROSS AIDING CHOLERA SUFFERERS Servian Papers Print a Conciliatory Article and Claim They Are Willing to Leave President Taft's 'Message Will Caution the Foreign Powers to Cease Discriminating Against American Trade by Indirect Means MASTERFUL PRIDE IN AMERICAN EXPANSION Antiquated Treaties Are No Longer Sufficient to Govern Enormous Trade of United States Member of the United States Commerce Court Is Accused of Prostituting His High Official Position and Commercializing Justice IS DEFENDED BY A. S. WORTHINGTON Clayton, of Alabama, Is Representing House of Repre- sentatives 'Who Instituted the Impeachment NEWSPAPERS TOLD FHIi HT1 RECK MERGER SUIT BIT AFFECT 5 of the law. Bullitt declared the law was but an extension of the former regulation which required newspapers to give certain Information to the post-office department.

Beck declHrftil raw of the great problems of the day was wnetner tne courts should strike down congressional legislation by exercising forbidden mower. He decl.rvl that there is an alarming tendency on tne part or congress to do this. Senator McCnmber today introduced a bill which Will reneal this Tirnvkiion of the law. SEVEN KILLED I Engine on Leading Train Breaks -Down and Is Crashed Into Train Which Was Following ZANESVILLE, Dec. 3 Seven persons were killed and eight injured, five of whom will probably die, in a railroad collision near Dresden, 0., tonight, Cincinnati Muskingum Valley passenger train was following a Cleveland, Akron and ColumDus division passenger on a single track between Trinway and Zanesville.

One engine of the leader broke down, and a trainmen was sent to flag the Muskingum but the latter was too close. SUSPECT ARRESTED Samuel Kramer Offers Stub born Resistance; Beaten Into Unconsciousness CHICAGO, Dec. 3 Samuel Kramer who is wanted in New Yorkla connection with Rosenthal murder, was arrested here today by detectives after a desperate resistance, during which Kramer was beaten into unconsciousness. Acting upon telegraphic information from New York, the detectives found Kramer hiding ii a bouse on the west side levee. Kramer is 23 years old known and has a number of other names.

It is charged that he sheltered "Gyp the Blood" and his two companions ut his Brooklyn home after the shooting of Rosenthal. Kramer escaped from the house of detention. raraiSii Vancouver, Will Probably Be Chosen for Next Congress SEATTLE, Dec. 3. The western forestry and conservation association concluded its international forest fire today with the selection, ubject to the approval of the board of trustees as Vancouver, B- C.

for the next meeting place- The conference adopted the committee reports recommending forestry courses in public schools, and liberal state appropriations for forest patrols, good roads in timber district; and railroad cooperation for fire prevention, home rule, no political appointments for forest workers, extension state forest work and reform taxation on standing timber. COPPER FIRMER NEW YORK. Dec. 3. Copper firmer.

17.10 to 1756. Copper arrivals 115 tons, exports this month 2040 ton. IN TRAIN WRECK All Claims to The Hague LONDON, Dec. 3 The protocol, ar ranging an armistice was signed late tonight by the Turkish and Bulgarian delegates, the latter representing aUw Servia and Montenegro- Apparently the Greek delegates have not signed and their refusal is susceptible to a wide difference of interpretations. A tacit armistice has been in exist ence for more than a week, it is not impossible that negotiations ma have served to bring about an agree ment on the general principles of the peace terms.

The arrangement of the peace treaty when the conference meets in London is now expected-The fact that Greece Is standing out from the peace protocol will not be of great importance. In the second place the Greek rftbsention may mean a Berious split among the allies, arising from jeal- ouBes concerning the possession of Salonlkl and the inslstance of the Greek capitulation of Adrianapole, Scutari and Janlna. Other' factors which may Influence the situation will be found in the fact that Turkey recently sought to conclude a separate treaty of peace with Greece, Bulgaria is apparently not unwilling to enter into an alliance with Turkey, and the allies are desireous. that Turkey enter the Balkan customs league. A rumor In Sofia is that a suggestion has been made to substitute Rouman-ia for Greece in the Balkan league-Ie seems clear from the report that Bulgaria will Ignore the Greek offer to land an army on the Galllpoll peninsula and send a fleet to attack the Dardanelles.

The relations between Greece and Bulgaria are greatly strained. The signs of dissention among the allies leave the situation full of dangerous possibilities. CONSTANTINOPLE, Dec. 3. Another conference of the plenipotentiaries was held after receiving fresh Instructions from the Porte- At the conclusion of thlB conference the armistice and protocol was signed-The fact that Greece Is not among the signers is Interpreted to mean that hostilities will -be continued between that state and Turkey.

There Is coonslderable speculation what will become of the alliance agreement between the Balkan states. It has not been determined, when or where the peace negotiations begin- Servia Conciliatory. BELGRADE, Dec. 3. The government organ Pravda prints a conciliat-oory article denying that Servia Insists upon an outlet through Albanian territory to an Adriatic port.

It concludes, "Servia is willing' to accept the decision or refer the question to the Hague Returns His Sword. SOFIA, Dec. 3. King Ferdinand at Kirk Kllllsseh, on Dec. 1 received Gen.

Vaver Pasha, commander of the Turkish column which was captured near Dedeaghtch. The king returned the swoord of Vaver Pasha to him and told him he coould reside in Bulgaria if he chose- The Turkish commander chose Sofia. Will Not Recognize Albania. VIENNA, Dec. 3 A Neu Frere press despatch from Constantinople says the Russian ambassador has In formed the Grand Vizier that Russia has not recognized the independence of Albania.

At the most Russia will agree to the establishment, of an autonomous province under a guar antee of all the great powers. Red Cross Sends Aid. WASHINGTON, D- Dec. 3, The American Red Cross forwarded today $1,000 to the International Bureau for aid for the war prisoners In the Belgrade, Servia and Balkan relief work. Turkish Red Cross.

CONSTANTINOPLE, Dec 3 The Turkish Red Cross has collected and spent in Turkish hospitals. Unfortunately the Red Crescent society does not extend to the cholera camps. As a result of overworked Miss Alt at one time the only woman attendant at the cholera camp at Sanstefano has been brought to a British hospital here. It Is not believed she suffering from cholera. WASHINGTON, D.

Dec. note of warning to European powers which by indirect means continue to discriminate against American trade; a strong appeal to the congress to uplift the great foreign policies of America above mere question of partisanship; a triumphant vindication of the diplomacy of the administration, which is characterized as that of "dollars versus bullets;" a masterful pride in the enormous expansion of American trade as a result of the foreign policies of his administration; and an earnest appeal for Joint action by congress and (the executive to open new markets for American industries these are the more striking features of President (Taft's fourth annual message sent to congress today. Ttie message is the first of a series of such communications which he will make to congress In the early days of the session, and deals entirely with fthe foreign relations the United States. Begining with the usual reference to the eisting good relat-ixons with foreign-ipwers, the president adds that these have been strengthened by "a greater insistence upon justice to American citzens, or interests, wherever it may have been denied, and a stronger emphasis of the need of mutuality in commercial and. other relations." iPor the first time in its history says the president, the state department has obtained substantially the most favored nation treatment from all of the countries of ithe world.

Therefore, I he says, that it is only natural that competitive countries should view with some concern the expansion of our commerce. 'Hence the warning, "If, in some Instances, the measures taken by them to meet lit are not entirely equitable, a remedy should be found." To this end the president strongly recommends the enactment of the bill recommended by Secretary Knox last December, permitting the government, instead of imposing the full maximum rates of duty against discriminating countries, to apply a graduated scale of duties up to that maximum of 33 per cent. "Flat tariffs are out of date," says the president. 'Nations no longer accord equal tariff treatment to all other nations, irrespective of the- treatment from them received. It is very necessary that the American government should be equipped with weapons of negotiation and adapted to modern economic conditions." The state department, "an archaic and inadequate 'machine," at the beginning of this administration, the president says, ihas become a new organization, with highly specialized bureaus and experts dealing with every phase of American trade and diplomacy.

Holding that the essence of this reorganized service is found in the merit system, which President Cleveland is credited with having introduced, President Taft makes a strong appeal to congress to make this machine permanent, by giving the force of statutory law to the executive orders governing admission to and promotion in the diplomatic and consular services. To show that these appointments are already largely non-partisan, the president points to the fact that three of the present ambassadors are hold overs; that of the ten he has appolot-ei, five were by promotion afrom the rank of minister; that of the thirty ministers appointed, eleven were promotions; and that in the consular service no less than 55 per cent of the consuls appointed by (him were from the southern states. 'The diplomacy of the present administration has sought to respond to modern ideas of commercial inter- oaurse," says President Taft. policy has been characterized as substituting dollars for bullets. It is one that appeals alike to Idealistic human itarian sentiments, to the dictates of sound policy and strategy, anU to legitimate commercial aims.

The president adds that "because modern diplomacy Is commercial, there has been a disposition in some quarters to attribute to It none but materialistic aims." "How strikingly erroneous is such a a impression may be seen from a study of the results by which the diplomacy of the united States can be judged," says the president. He mentions the arbitration treaties with France and Great Britain, which (Continued oa Pas 7.) WASHINGTON, D- Dec. 3. Judge Robert W- Arfchbald of the United States Commerce court, sat before the bar of the senate today and heard himself referred to as one who had, "proostituted his high official position for personal profit," who had, "commercialized the potentiality of a judge," and who, "had degraded his office and destroyed the confidence In public integrity." To this arraignment by Representative Clayton of Alabama, who represented the house of representatives in the Impeachment proceedings against the jurist, Judge Archbald's chief counsel, A. S.

Worthingtoa, made emphatic repfy. He declared that the house had brought proceedings against Archbald upon facts which when property analized showed that the Jurist motives were unquestionable. "I don't like to think that any man. was ever brought before a court of justice anywhere and made to answer to charges so vague and indefinite," added Worthington. The first witness will be summoned before the senate court of impeachment tomorrow.

History of the Case. The trial of Judee IRobert iYV bald, of the United States commerce court, for conduct amountine to a vio- latlon of his oath as federal judge had been set to open today before the senate court of limpeachment as- a request of Judge Archbald last August that his attorneys be given more time i to prepare their case. The charge against Judge Archbald arose In connection with private and official acts both as a judge of the court of commerce and as United States district judge for middle Pennsylvania. He was Impeached by the house of representatives after a full investigation of the fadts by the de partment of justice, and extended hearings before the house Judiciary committee. The managers appointed by the house to prosecute the case before the senate asked for am immediate trial laBt August, but the senate de clined to hasten its consideration of the case.

During the last week scores of subpoenaes were issued for nesses who wall be brought before the senate by the house managers and by Judge Archbald's attorneys In connection with the trial. After the house committee on judiciary had, concluded its hearings last spring it recommended that Judge Archbald be called before the senate under impeachment proceedings. The last time the house had exercised Its impeachment powers -was in 1904, when Judge Swane, United States judge for the northern district of Florida, was called to account for misconduct and was acquitted by the senate. The house of representatives on July 11, 1912, adopted articles of impeachment by a vote of 222 to 1 and a com mittee headed by Representative Clayton of Alabama, was chosen to act as the managers on the part of the house to try the case before the senate. The house managers urged the senate to grant an immediate trial, but that body declined to hear the case before the end of the last ses sion.

Thirteen sepapite articles constitute the basis for the impeachment trial. These embrace dealings between Judge Archbald and railroad officials and others 1n regard to Pennsylvania coal or "culm" dumps and coal lands; contributions by attorneys and others to the judge's vacation trip to Europe in 1910; reputed "secret" correspondence by judge with a railroad attorney concerning a pending case; and alleged attempts to have notes payable to.udge Archbald discounted by attorneys and litigants before his court In presenting the case to the Louse Representative Clayton said that the judiciary committee was of the opinion that Judge Archbald's "sense of moral responsibility had become deadened" and that he had "prostituted his high office for personal profit." The principal charge grew out of the Katydid Culm bank deal. In this charge it was asserted that while the Erie Railroad company had pending before tne commerce court two suits. Judge Archbald, corruptly taking ad vantage of his official position. In 4'iced the officials of the Hillside Coal A (Iron company and of the Erie railroad, which owned that company.

(Continued oa Page 6.) OF President of the International Bridge and Iron Workers Union on Stand INDIANAPOLIS, Dec. written by iFrank M. (Ryan, president of the International Association of Bridge and Structural Iron Workers, were read In connection with the dates of explosions on ithe cross-examination of Ryan by the government attorney In the "dynamite conspiracy" trial today. Ryan testified that his knowledge of numerous explosions, which occurred after he had written the letter from New York, was gained entirely through the newspaper accounts. He said the newspaper accounts of the explosions against nonunion jobs were often enclosed In his letters as news.

mm ii James E. Fielder Will Be New Jersey's NextChief Executive TRENTON, Dec. 3 The Democrat ic state senators in the New Jersey legislative caucus here today selected Senator James F. Fielder, of Hudson county, as the majority nominee for president of the state senate. Fielder will succeed Governor Wilson when the latter resigns to go to Washington.

Senator James Johnson, of Bergen county, has been selected as president pro tern to succeed Fielder as president of the state senate when the latter becomes acting governor. i ELECTION RETURNS FROM CALIFORNIA SACRAMENTO, Dec. 3. On the face of the returns of the election of Nov. 5, taking the entire state count as official with the exception of Los Angeles; and taking the official returns of that county as returned after a recount of two precincts but as not having received the official stamp of the secretary of state, and are there fore not final, Roosevelt has received 283,615 votes; Wilson 283,441 giving Roosevelt a plurality of 174 In California.

These figures need not be changed In so far as the totals for Wallace, the (progressive lector and Thos. Griffin, the Democrat are concerned. CAUSES DEATH. Of ENGINEER Banana Special and Local Freight Near Lordsburg; Engineer Abell Dies on Way to This City Engineer J. IL.

Abell, of Tucson, died yesterday afternoon about 3:26 o'clock while being brought to Tucson on a special train from Ulmorris, a Southern Pacific station neat Lordsburg, N. iM from injuries received in a head-on collision at that station yesterday morning at 8 o'clock. Fireman Hoosan and Brakemao A. O. Mast received slight injuries and were also brought to Tucson on the special train.

They will be taken to El Paso, where both reside, this morning. Engineer Abell was severely scalded by escaping steam and this was largely the cause ot his death. A special train was made up at 'Lordsburg soon after the -wreck and the injured men rushed to this city. The engineer died just as the train was reaching this city, and his ooay was transferred to a local undertaker's parlors. The engineer's vitality and nerve, in bearing up under his intense suffering during the long ride from Ulmor-ris was remarkable, but death over took him before the tram reacnea here.

Abell was well known ana lined here and the news of his death has caused a deep sorrow among his many friends. The dead man's family is in the east and were telegraphed of his death yesterday afternoon. The trains tnat couiaea. freights were the local and the west bound, the latter carrying bananas, steel and cotton for Japanese ports. None of the freight was consigned to local merchants.

The local was pulling onto the skiing and all but the last seven cars were safely on the sidetrack when the westbound crashed into ft, piling wreckage across the track and thereby delaying all westbound traffic into this city yesterday. Many of the delayed trains were from two to two and a half hours late. Orders had been issued to the banana special, westbound, to pass the eastbound freight at Utaorris. The morning was foegy and the engineer of the westbound extra could not see very far in front of his own engine. He saw the engine of the eastbound train pass him and thought that the whole train was on the siding.

The eastbound train lacked seven cars of being completely on the sidetrack, and it was these that were (Continued oa Page LOCAL ROAD Part of Arizona Eastern May Revert to Santa Fe, Prescott Phoenix Because of Recent Verdict Supreme Court On account of the reversal, Monday, ot the decision of the lower court by the supreme court of the United States in the great Harrimaa merger case, the Arizona, Eastern road, running between Phoenix and Christmas, may revert to the Santa Fe, Prescott and Phoenix railroad- It is a question as to whether this part of the transaction Is included In the merger. In discussing the question with a representative of the Star, Col. Epos Randolph said, "It may be so, but I hardly believe it. If it is true, I have not learned of it as yet." "I haven't any information on this matter. I will get the full report ot the case soon, in all probability- If it is so, and the purchase of that sec tion ot road between Phoenix and Christmas by the S- P.

Is Included In the merger and declared to be Illegal by the supreme court, then the Santa Fe, Prescott and Phoenix railroad. will Blmply give us back our money. The case was started some years ago. The Union Pacific bought enough stock of the Southern Pacific to obtain controlling interest. This merger has been declared Illegal by the supreme court-After the merger had been effected between the two roads, the Santa Fe, Prescott and Phoenix road started building toward Wlnkleman from Phoenix.

This lateral was known at that time as the Phoenix and Eastern. In order to head them off, the Southern Pacific started building in the San Carlos canyon and met the other road at Wlnkleman. A fight ensued at this point over the right-of-way. Each side claimed that it was entitled to it- The Santa Fe could have built on down the San Pedro river and struck the Southern Pacific at Benson, but did not wish to do so. They desire to go to Globe.

The case was taken Into court, and according to the decision of the bench, the Santa Fe branch had built froom Kelvin to Wlnkleman on the Southern Pacific right of way- Tne Santa Fe gave up this section of the road, 18 miles in all, and the Southern Pacific paid them for the track age and work. Then In order to stop all argument In the case, Harrison, (Continued oa Pa .) 1.