The Butte Miner from Butte, Montana • 8

Saturday Morning THE BUTTE MINER July 1, 1916 CAMPING COMPANY IS IN SUIT Man Claims That Agreement Was Drawn Up Whereby He Was to Be Paid for Use of Name--No Payments Made. (Special Dispatch to the Miner.) Bozeman, June that the Wylie Permanent Camping company has failed since July 1, 1908. to make the payments which it is had been agreed to in return for the use of the Wylie name, and the benefit of the good will the old Wylie Permanent camps, William W. Wylie and John M. Wylie have started suit against the park transportation comnow using the Wylie name for pany $12.000 and accrued interest.

Papers in the suit were filed in district court here on Wednesday afternoon. the complaint W. W. Wylie alleges that from 1880 until 1905 he expended a large amount of his time exploring and traveling in the Yellowstone National park, seeking out and studying the points of interest 1 in the park and collecting pictures and information concerning them. Paid for Advertising.

He alleges that he expended much time and money in advertising the curiosities and beauties of the park in newspaper and magazine articles. paid public advertising and illustrated lectures which he gave over the country. From 1883 until 1905, Mr. Wylie states, he personally conducted a large and lucrative business in transporting and keeping passengers while traveling through the park. In 1898, the complaint recites, Mr.

Wylie organized the Wylie Permanent camps, and sold his tents, wagons, horses and other equipment to the company. period of operation of this company, from 1896 to 1905, the interior department would issue licenses time to time, but only to Mr. Wylie personally and not to the com pany, the complaint states. The good will and personality was the most valuable, portion of the business, Mr. Wylie claims.

Sells All His Stock. In the summer of 1905 the plaintiff sold to Harry W. Child and Arthur W. Miles. of Livingston all his stock in the Wylie Permanent camps, and entered into a written agreement consenting to the use of his name and granting the benefit of his good will of the old business for a consideration of $1,500 a year, payable semi-annually.

Prior to Dec. 28, 1905, the purchasers reorganized the company, incorporating under the name of the Wylie Permanent Camping company. 1, 1908, every payment date The alleges that on July plaintiff, since that time, the defendant corporation has refused to make the ments agreed upon, aggregating 000, with interest at 8 per cent from the date each payment became due until the present time. John M. Wylie had been granted a share in the payments, which it is alleged were agreed upon, and became a party to the suit in this way.

TELEGRAPH LINES ARE TAXABLE BY COUNTIES Wires Used Exclusively by Railroads Are Not to Be Assessed by State, Says Court. (Special Dispatch to the Miner.) Helena, June supreme court today held that telegraph lines, used exclusively for railroad purposes, are to be assessed by counties and not by the state board of equalization. The assessor of Granite county assessed a telegraph line of the Northern Pacific. The carrier paid taxes under protest and then sued. It won in the lower court.

The supreme court, in a de. cision by Justice Holloway, says the term a "roadway" as used in section 16 of the constitution, does not include a telegraph line, and that hence railway telegraph lines are to be assessed by the counties. The lower court is reversed. FORTIFICATION BILL IS DETAINED FOR CONFEREES: Senate Makes Amendments After Measure Is Through House. Washington, June 30.

-The fortifications appropriation bill, one of the three big defense measures, was passed by the senate today and sent to the house for conference. Its total has been reduced from $34,300.000, as it passed the house, to $26,500,000. The senate retained the house amendment providing $750,000 for the purchase of an invention by John Hays! Hammond for a wireless control torpedo if the invention meets government tests and the approval of the president, and also adopted a house provision disapproving of speeding -up tests in government arsenals. The senate added $4,000,000 to the bill for ammunition. ASK FOR and GET HORLICK'S THE ORIGINAL MALTED MILK Cheap aubetitutes cost YOU same price.

HANS TAUSCHER 15 FREED BY JURYMEN Man Indicted for Conspiracy Against United States Government Is Not Guilty on His Plea of Being Duped. New York. June 30- -Hans former German army officer. was quitted today by a jury of conspiracy to blow up the Welland canal. Hand.

in his charge, instructed the jurors that if they found that Tauscher knowingly furnished the drnamite or the pistols they must find him guilty of conspiracy. "Testimony which I do not find has CAPT. TAUSCHER, CUNT, been disputed," the court said, "has been adduced to show that von Der Goltz, sent by and equipped by Captain von Papen, did go to Canada and ing the canal guarded by soldiers, returned to this country. The only matter of dispute is whether Tauscher was aware of the purpose for which von Der Goltz and Captain von Papen wanted the dynamite and the pistols furnished by Tauscher." Tauscher is agent of the Krupp works in this country. His wife.

Mme. Gadski, the grand opera singer, has sat beside him in court during part of the trial. HOTEL ARRIVALS At the Leggat- Scott Miller. St Paul: Mrs. Touy Mussacks.

Roy: M. Shelton: Cora Freer; Audi Duyer, Dayton. Shelton: R. S. Minizhard.

Wisdom; J. 0. Breece, New York; Thomas H. A. Hansen.

Helena: Mrs. 0. J. Galt. Lewistown: H.

('. Harkness, Helena: H. M. Buell. Missoula: W.

P. Rosere, Billings; M. E. Idle. Great Falls; George H.

Buchler. Denver: G. N. Flynn. Minneapolis; E.

C. Dell. Helena: E. Smith and family, Seattle: Charles R. Richard.

Spokane; H. King. Los Angeles; Mrs. B. Melchert, Lewistown: Vincent.

New York; H. Hendricks, Helena: L. Buise Portage, l. I. P'latshek.

Savannah. J. H. Pearce and wife. Thompson Falls: J.

F. Newman. Chicago. TELEGRAPHER IS BACK FROM BIG CONFERENCE L. C.

Carleton. local chairman of the Order of Railroad Telegraphers, who went to St. Paul May 20 as one of the members of the general committee to present new sebedule negotiations. returned to duty Thursday. Mr.

Carleton says the committee met the Northern Pacific officials May 24 and that the telegraphers reduced their committee June 1 and the smaller committee is still negotiating with the man. agement. Superintendent of Telegraph M. H. Clapp and six other officials from different divisions of the road compose the authority Northern Pacific committee which has to conclude schedule negotiations with the telegraphers' committee.

Mr. Carleton has been taking a couple weeks' rest in the northern part of the state since his return from St. Paul. where he was visiting with his brother. R.

P. Carleton. SAYS 'THEY ARE WONDERFUL Hot weather is doubly dangerous when digestion is bad. Constipation, sick headache. biliousness or other conditions caused by clogged bowels yield quickly to Foley Cathartic Tablets.

Mrs. Elizabeth Slauson. So. Norwalk. writes: can honestly say they are Newbro Drug Adv.

IDAHO BANKERS FREED BY PRESIDENT WILSON Washington, June 30. President Wilson today pardoned S. B. and Simpson, owners of the First National bank of Caldwell. Idaho, convicted in March, 1916.

and sentenced to five years' imprisonment for issuing a cer. tificate of deposit with to defraud. The brothers pleaded that no fraud was contemplated and that the loss had been made good. They were granted respites, a few davs ago. and have not served any part of their sen tences.

AMERICA BLAMED FOR MOST OF TROUBLE Note to Lansing States That Mexicans Do Not Deserve the Assertions Made by United States in Its Communication. Mexico City. June 30. The foreign office late today issued 3 in remy to Secretary Lansing's recent note in which the correctness of assertions in the unication from Washington were repeatjedly denied. The memorandum declares that the United States had 110 right to maintain its armed forces on Mexican soil.

Emphatically reiterating the Mexican government's position denying the right of the United States 10 keep armed bodies in Mexico, the memorandum denies energetically that the Mexican government has protected bandits who had committed depredations in the United States and defies Washington to produce proof of tire assertion. Not a Direct Reply. The memorandum contains 35 counts. Although not in the form of a direct reply to the Washington note, it is considered equivalent to an answer to that document. It expresses surprise that the Washington government should have been pained at the tone and contents of the Carranza document.

since it maintains that the United States has sent to the constitutionalist government not only one, but many discourteous and even overbearing notes. Watson Is Blamed. Blame for the Santa Ysabel massacre is placed on the so-called impulsive and irascible disposition of Charles Watson, general manager of the Cusihuiriazhic company, and General Scott and General Funston are accused of bad faith and lack of honor in misleading General Obregon in an alleged evasive reply regarding the crossing of American troops into Mexico after the Glenn Springs raid. The memorandum asserts that while it is true that the United States arrested General Huerta, the motive which prompted this act was not a purpose of aiding the Mexican government, but because the United States feared that General Huerta was plotting with Germany. Presence Incites Trouble.

The note concludes by declaring that the presence of American troops in Mexico invites rather than prevents bandit raids along the border. The memorandum issued at the same time that the Foreign office authorized publication of Secretary Lansing's recent note. In part the note says: Note's Statement. "It appears strange that the department of state of the United States should be displeased with the tone of the note of this of May 22, which it terms discourteous. when the same department has addressed to this government not one but many notes in tones not only discourteous, but threatening.

"During the period alluded to in this note Mexican citizens have been murdered in American territory by American citizens and even by the aulthorities of the United States, this despite the fact that both nations were in a state of profound peace, and in none of these cases, despite repeated remonstrances, Washington, by the have Mexican any ambas- the of guilty been punished. Criminals Not Protected, "It is untrue that the Mexican government has protected in any instance criminals attacking American territory, The Mexican government has done all in its power to protect foreign subjects. The fault lies with foreigners, especially Americans, who insisted on remaining in disturbed districts, despite the repeated warnings of the Mexican government. As our own citizens have suffered severely on account of the condiof affairs, it is hardly just that foreigners should expect to he immune. The note cites the case of Charles Watson, one of the victims of the Santa sabel massacre, who, it states, insisted on making the fatal journey despite a warning from General Trevino, the military governor of Chihuahua.

"It is a tact, the note states, "which the American military authorities cannot deny, that on March 6 General Gavira advised the latter that he had trustworthy intelligence Villa and his bandits were on the way to the frontier. He also warned them that Villa was going by way of Las Palomas, thus giving the American authori. ties ample time in which to prepare to meet the danger. "The constitutionalist government also on receipts of the news of the movements of Villa and right after the attack on Columbus. sent 1,500 men under General Gutierrez as rapidly as possible to the northern part of the state of Chihuahua with orders to pursue the bandits relentlessly 11 is well known that the pursuit began immediately and that the bandits were dispersed.

American Commander Blamed. imputation of the American eroment that the constitutionalist governwent had no desire to put an end to these attacks is untrue. It is well known that the affair at Parral resulted from the imprudence of the commander of the Amercan troops, who entered the town well knowing that the Mexican commander had not given his consent. Mexican government could do 110 less than consider improper the presence of American troops 011 Mexican soil. since the original orders given to them were.

according to the American press, to undertake immediate pursuit of the Villa bandits and return to their encampments. "It is also true that the constitutionalist government protected American troops against the just indignation of the populace of Parral, who were aroused by their presence. note of the secretary of state de. scribed as a convention what was simply a proposition which the Mexican govern ment made conditionally to government of the United States in the note of March 10. to establish reciprocity in the passage of troops in pursuit of bandits.

if on any other part of the frontier there shonld occur acts such :18 those at Colum provisional proposition cannot be called a convention and therefore it is not true that the Mexican government has re pudiated any couvention." WILSON OPPOSES MEXICAN WAR, HE SAYS the fallible human being that I am. "Mr. Colby said something that was among the few had to say myself. that things, forecast some things which it is really useless to debate, because they go as a matter of course. Prepare This Nation.

(Continued From Page One.) "Of course. it is our duty to prepare this nation to take care of its honor and of its institutions. Why debate any part of that, except the detail, except the plan itself, which is always debatable "Of course, it is the duty of the government which it will never overlook to defend the territory and people of this country. It goes without saying that it is the duty of the administration to have constantly in mind with the utmost sensitiveness every point of national honor. "But, gentlemen, after you have said and accepted these obvious things.

your program of action is still to be formed. When will you act and how you act? Striking Is Easy. "The easiest thing is to strike. The brutal thing is the impulsive thing. No man has to think before he takes aggressive action, but before a man really, conserves ideals of the the honor nation, by he realiz- has to think exactly what he will do and how he will do it.

"Do you think the glory of America would be enhanced by a war of conquest of Mexico? Do you think that any act of violence by a powerful nation like this against a weak neighbor would reflect distinction upon the annals of the United States? Carrying It 'Too Far. "Do you think that it is our duty to carry self-defense to a point of dietation into the affairs of another people? The ideals of America are ten plain upon every page of American history. want you to know how fully I realize whose servant I am. I do not own the government of the United States, even for the time being, I have no right in the use of it to express my own passions. have no right to express my own ambitions for the development of America, if those ambitions are.

not coincident with the ambitions of the nation itself. Serves the Rank and File. "And have constantly to remind myself that I am not the servant of those who wish to enhance the value of their Mexican investments: that I am the servant of the rank and file of the people of the United States. "I get a great many letters, my fellow citizens. from important and influential men in this country, but get a great many other letters.

I get letters from unknown men, from humble women, from people whose names have never been heard and never will be recorded and there is but one prayer in all of these letters. Mr. President. do not allow anybody to persuade you that the people of this country want war with got off a train yesterday and as I was bidding goodbye to the engineer he said in an undertone. 'Mr.

President, keep out of if one man has said that to me a thousand have said it to me as I have moved about the country." "If I have opportunity to engage them further in conversation they say, 'Of course, we know that you cannot govern the circumstances of the case altogether and it may be necessary. but for God's sake don't do it unless it is Moral Forces Greatest. "I am for the time being the spokesman of such people. gentlemen. have not read history without observing that the greatest forces in the world and the only permanent forces are the moral forces.

"Force will not accomplish anything thathes great permanent, struggle which venture is to going say, 011 on the other side of the sea. The permanent things will he accomplished afterward, when the opinion of mankind is brought to bear upon the issues and the only thing that will hold the world steady is this same silent. insistent, all -powerful opinion of kind. Force Sometimes Holds. "Force can sometimes hold things steady until opinion has time to form, but no force that was ever exerted exIcept in response to that opinion was ever a conquering and predominant force.

think the sentence in American history that 1 myself am proudest of is that in the introductory sentence of Declaration of Independence, where the writers say that a due respect for the opinion of mankind demands that they state the reasons for what they are about to do. venture to say that a decent respect for the opinions of mankind demand that those who started the present European war should have stated their reasons, but they did not pay any, heed to the opinion of mankind, the reckoning will come when the settlement comes. Verdict of Mankind. "So, gentlemen. I am willing.

no matter what my personal fortunes may be, to play for the verdict of mankind. Personally, it will be a matter of indifference to me what the verdict on the seventh of November provided I feel any degree of confidence that when a later jury sits I shall get their judgment in my favor. Not my favor personally- what difference does that -but in my favor as an honest and conscientious spokesman of a great nation. "There are some gentlemen who are under the delusion that the power of A nation comes from the top. It does not.

It comes from the bottom. "Power and virtue of the tree do not come from the blossoms and the fruit down into the roots, but it comes from the roots in the obscure passages of the earth, where the power is derived which displays its blossoms and the fruit: and I know that along the Stlent, speechless masses of the American people is slowly coming up that sap our moral purpose and love of justice and reverence for humanity which constitutes the only virtue and distinction of the American people. "I.ook for your rulers of the future' Can you pick out the families thut ass The The Bands People Play Sing It It "Wake Up America" OFFICIAL SONG OF B.P.OE Convention READ THE WORDS: Have we forgotten America--the battles our fathers fought! Are we ashamed of our history -in the peace that fighting brought: Must we be laughed at, America, while our swords turn weak with rust? Is the blood of our fathers wasted. and how have we treated their trust! Is Columbia the Gem of the Ocean, is Old Glory the pride of the free? Let's forget every selfish emotion--united forever let's be! HORUSWake up, America--if we are called to war Are we prepared to give our lives For our sweethearts and our wives? Ire our mothers a and our homes worth fighting for! Let us pray, God, for peace, but peace with honor: But let's get ready to answer Duty's call, So when Old Glory stands unfurled, let it mean to all the world, America is ready, that's all. FOR SALE ONLY AT "-house of quality" Howard Music Co.

125 N. Main St. to produce them? ('in you pick out tion of ideals which have lifted men Sullivan, Mrs. Mark Downey. Mrs.

Jo- the localities that are going to produce them? Cites the Lincoin. "You have heard what has been said about Abraham Lincoln. It is singular how touching every reference to Abraham Lincoln is. It always makes you feel that you wish you had been there to help him in some fashion to fight the battles that he was fighting some times almost alone. "And could you have predicted, had you seen Abraham Lincoln's birth and boyhood, where that great ruling figure of the world was going to from? have presided over a university, but I never deceived myself by supposing that by university processes V011 were producing the ruling forces of the world.

I knew that all a university could do if it knew its business was to interpret the moral forces of the world and let the young man who sat under its influence know the truths about where it came from, that no man could very produce it unless he felt in his blood every corpuscle spring into delighted life with the men- LOVE LAUGHS slowly, oh, so slowly. up the arduous grades which have resisted progress since world began. "So, gentlemen, I have not come here then tonight to do anything but remind you that you do not constitute the United States, that I do not constitute the United States: that it is something bigger and greater and finer than any of us: that it was born in an ideal and only by pursuing an ideal in the face of every adverse circumstance will it continue to deserve the beloved name which we love and for which we are ready to die, the name America." MRS. JOHN MURPHY DIES AFTER A BRIEF ILLNESS Mrs. John Murphy, 327 Cleargrit street.

died at a local hospital last evening after a brief illness. She is survived by five sisters, three brothers, her husband and her mother. The deceased was a resident of Butte for the past 25 years and leaves hundreds of friends throughout the city. Siscers of the deceased are: Mrs. Timothy AT FORTUNE AND SOCIAL seph Harkins, Mrs.

Quinn Murphy, all of Butte. and Mrs. Bridget Shea. a resident of Colorado. Three brothers who survive are: Jerry and John Sheehan of Butte.

and Mike Sheehan of Ireland. Mrs. Murphy's mother is a resident of Ireland. IF YOU WANT QUICK RELIEF Men' and women who feel their health failing because of weak. overworked or disordered.

kidneys will be pleased to know that Foley Kidney Pills are prompt in action and give quick results in the relief of rheumatism, sore muscles, aching joints, backache, pains in side and sieep disturbing bladder troubles. Newbro Drug -Adv. NOTICE! All stockholders of Equity Consumers' League (Co- Operative Store), requested to attend meeting Friday, 7:30 p. June 30, 1916, at Carpenters' hall for purpose of electing board of directors and officers. BY EXECUTIVE COMMITTEE.

-Adv. POSITION (Copyright, 1916, by I. F. First picture taken since the announcement of their engagement shows Mrs. John Jacob Astor.

the widow of the well known New York society leader who died 011 the Titanic, and William Earl Dick. her fiance. just after they entered their automobile after their final rehearsal for their wedding at St. Savior's church at Bar Harbor, Me. The photograph was taken on June 21.

Mr. Dick and Mrs. Astor were married on June 22. INTL. EILM SERVICE.

MR 8 MRS K. DICK..