Bemidji Daily Pioneer Newspaper, June 23, 1914, Page 4

L EERTE A RAILROADS WIN VALUABLE LAND Decision Affects- Property Worth $700,000,000. MINERAL CLAUSE IS VOID i United States Supreme Court Upholds Contentions Transcontinental Carriers Regarding ON Tracts—Too Late to Attack Under Only Method Held to Be Proper. ! of ~ Washington, June 22 —Transcon- tinental railways won their fight for title to some $700,000,000 worth of oil lands when the supreme court held void the clause in the patents making the land revert to the gov- ernment if found to contain minerals. The court held that the patents were irregular, but that they could not be attacked collaterally—by other claimants—but could be set aside only by direct attack by the govern- ment. Justice Vandevanter, for the court, incidentally emphasized the claim that the government's time in which it could attack the patents had ex- pired in 1900 or 1901. “In every case before this court,” sald Justice Vandevanter, “we have held that where the laws say that only mineral or homestead lands are to be granted by the land officials the officials must do their duty of ascer- taining whether that land came with- in the law and that they could not perform their duty by inserting ex- ceptions that the land should not pass it found later not to be within the law.” Roads’ Contention Upheld. This was precisely the contention of the attorneys for -the railroads. ! Justice Vandevanter pointed out that all the land patents granted to railroads since 1866 continued a clause declaring the land should not pass from the government if later it was found to contain minerals. “Let us see what this would mean in the case of the Northern Pacific,” said he. “The Northern P; got every alternate section of land in a forty-mile wide strip from Duluth to the Pacific. Should these clauses be held valid the question would arise as to whether those who long ago purchased from the railroad and created farms, ranches and towns upon them had any rights.” The company contended that evi- dence could not be presented at this day to show the lands were mineral and that the issuance of the patents was conclusive proof that they were not. Justice Vandevanter held that a general statute made it the duty of the secretary of the interior to in- quire whether the lands were of the clasg for which a patent could be issued. BECOME JUNGLE MAN EATERS Lions Transformed by Smell of| Human Blood. | Chicago, June 23.—A squad of po- lice armed with rifles has charge of | the five young lions and their mother which Killed and partly devoured | their keeper, Emerson Dietrich, Ges- | nell graduate, football player and sen ofa Brooklyn (N.Y.) architect. The brutes are the property of Miss Adgie Castillo, a vaudeville performer. She | employed Dietrich as her assistant | and says they were. engaged to be! married. The act was called “Adgie | and Her Lions.” i Trilby, the mother, was a tame old ' Hon. The five young lions were not | quite full grown, born in captivity, | bottle reared and considered harm- less. ! Dietrich was knocked down in the | cage, accidentally, it is thought, but | as soon as the beasts smelled his' blood they were transformed from' playful cubs to jungle man eaters. ENDS LIFE IN JAIL YARD Confessed Wife and Child Murderer Leaps to His Death. Cincinnati, June 23.—John Rob- | ert Maloney, confessed wife and child nurderer, escaped from his cell and | jumped forty feet to death in the court of the county Jail. Maloney murdered his wife and child several months ago while ap- pearing here as a stage magician and hypnotist. According to Assistant Prosecutor Ross, Maloney was a biga- mist and now has a wife, Mrs. Ida Davis, living in Dallas, Tex. He was divorced from his first wife, Gladys Richardson, who also lived in Dallas. RAILWAY BUILDER IS DEAD| Morgan Bransby Williams Succumbs at London. London, June -Morgan Brans- by Williams, who probably had more to do than any other man with the comnstruction of the earlier railroads | in the British isles, died here. He also planned and built many of the Ttallan railways, as well as thousands | of miles of Russian lines. | UNITED STATES HAS NEW PLAN Huerta and Rebel Emvoys Invited to Confer. FEDERALS ARE WILLIN Appeal Declares That Mexican Fac- tions Must Save Their Country From Further Spoi on and ‘Bloodshed by Each Making Concessions. Niagara Falls, Ont., June 23.—The United States government has invit- ed representatives of General Car- ranza and General Huerta to meet at an informal conference here with the hope of bringing about the pacification ol Mexico. The Huerta delegates informed the American. delegates through the mediators that they were willing to deal with the Constitutionalists “in this way. } The appeal, which is said to have influenced both factions, is that the Mexicans themselves must save their country from further spoilation and bloodshed by each making certain rifices, but neither side will be asked to abandon the principles for which they have been contending. It will be several days before the Con- stitutionalist delegates can arrive. In the meantime the mediators and Huerta and American delegates will continue their discussion of other points-in the general peace plan. The determination seems to be to leave the question of a provisional president to the two Mexican factions to decide. The advantage of the new plan, it is said, is that the conferences will be continued while the situation in Northern Mexico is developing. Fernando Iglesias Calderon, leader of the Liberal party in Mexico, is un- derstood to be the head of the delega- tion appointed by Carranza to attend the informal conferences here. The Huerta delegates are understood to have consulted their government and obtained permission to deal with the Constitutionalists. CONTROL STATE OF JALISCO Rebels Drive Federals From Territory on West Coast. On Board U. 8. S. California, Mazat- lan, Mex., June 21.—(By wireless to San Diego, Cal, June 23.)—Word was received by Constitutionalists be- sleging Mazatlan from (ieneral Obre- gon stating that his army now con- trolled the entire state of Jalisco and thui Guadalajara would be occupied within a few days. Severzl large business houses of Mazatlan have closed, having refused to accept paper money issued by the local authorities. BARGNESSVONSUTTNERDEAD Winnzr of the Nobel Peace Prize in 1905. Vienna, June 23.—Baroness Bertha von Suttner, Austrian writer, famous as an advocate of peace and winner of the Nobel peace prize in 1905, is dead. The baroness, who had become weak from undergoing a cure for | obesity, ordered that her body ‘be remated without any religious cere- | mony or flowers. Although the daughter of Field Marshal Count Franz von Kinsky the baroness was editor of “Lay Down Your Arms,” the magazine of nation- al peace at Berne. When a girl the baroness was be- trothed to Prince Adolf Wittgenstein, who was killed in battle. She was married to Baron von Suttner in 1876, IAPAN TO PRESS LAND ISSUE Exclusion Legislation May Stir Up New Entanglements. Washington, June 23.—Prospects for Hindu and Japanese exclusion leg- islation within the next month, an- nounced Representative Baker of Cal- ifornia, were pregnant with more in- ternational entanglements. The president, Secretary Bryan and Immigration Commissioner Caminet- tl, according to Baker, are conferring with the Pacific coast delegation re- garding exclusion legislation. Baker said“the house immigration commit- tee has “practically agreed” to report out his Japanese exclusion bill “with some minor amendments. TO REINSTATE OLD MEMBERS Possible Result of Action of Modern Woodmen Convention. Toledo, 0., -June 23.—Immediate re- instatement of 300,000 Modern Wood- men of America, who withdrew with the repeal of the Indianapolis. rates, was predicted by leaders before they ‘| left: for their homes after the:close of the triennial convention. The Chi- cago rates were repealed and the old rates restored. “Insurgents,” who fought a losing battle for rigid economy, before.leav- ing asserted that quo warranto pro- ceedings would be brought in the ver rious local and state camps. z UPHELD BY COURT Estate of Benedictine Monk ~ (oes to Church. HEIRS SUE TO RECOVER Supreme Tribunal of the United States Passes on Disposition of Property Left by Member of Religious Order Who Died in Minnesota. ‘Washington, June 23.—A decree of the Eighth United States district court of appeals that religious ‘“pov- erty vows” of monks and nuns, sign- ing away all property rights to their religious orders, are against ‘public policy” and may be enforced during their lifetime, but not azainst their heirs after death, was reversed by the supreme. court. The decision was on a test case brought by the Order of St. Benedict of New Jersey against heirs of Father Augustin A, Wirth, a Benedictine monk, who died at Springfield, Minn., in 1901, The court held the vow against public policy. Whether or not the vow of poverty taken by nuns and monks is constitu- tional was the point at issue in the case. Brother Wirth was a Bavarian, who joined the Benedictine order in Westmoreland county, Pa., in 1852. He was transferred in 1887 to a New- ark (N. J.) monastery. Removed to Minnesota. is not Following disagreement with other monks he came to Minnesota and be- came a secular priest. He was an author of note and amassed about $10,000 by his writings. He died at]| Springfield, Minn, in 1901. After his death a brother, nephew and niece, his heirs-atlaw, commenc- ed suit in New York against Benzig- er Bros., publishers of the dead monk’s books, for an accounting of royalties. The firm set up the de- fense that the royalties belonged to the Order of St. Benedict by reason of the vow of poverty which the monk had taken. The Benedictine monks then began suit in the United States circuit court against the administrator of Brother Wirth’s estate, to which it was con- tended the vow of poverty entitled them. The defense was that the vow was inconsistent with the fundamen- tal principles of Ainerican institutions Old Iron Authority Dies. Philadelphia, June 23.—James M. Swank, former vice president and general manager of the American Iron and Steel association and widely known as an authority on iron and steel, is dead at his home here of oedema of-the lungs, aged eighty- three years. Committing Suicide. McEwen, Tenn., June 23.—FEfforts of Mrs. J. L. Carter, wife of a rich lumberman, to save her husband af- ter he had poured coal oil ‘on his clothing -and set fire to it, not .only failed but: cost the woman her own lite. Mrs, Carter's clothing caught fire as she tried to beat out the flames that were burning her husband to death. The woman’s = screams brought neighbors, who saved the home, but who arrived too| late to aid either husband or wife. The lumberman died almost immediately, but his wife lived several hours. : FIREMEN DIE IN COLLISION Two Killed and Five Injured at Okla- g homa City. Oklahoma City, Okla., June 23.— Two firemen were killed and five otiier persons were injured here when a motor fire truck collided with a street car. The truck was running at a high rate of speed and was demol- ished by the impact. A large hole ‘was tern in the side of the car. Jo seph Smith and George Goff, firemen, were instantly killed. Turee other firemen, George Ross, John Lynn and G. R. McAlpine, were seriously in- jured. Two negro women aboard the car also were hurt. STORY OF JAMESES _TOLD BY TAVENNER. (Continued from Page 1.) said he feared the precedent being | established against him, for if the James could be cut out of James Hamilton Lewis, the John could be cut off of John Sharp Williams, and he wished to express his apprecia- tion of Senattor Lewis saying that to serve distinction upon the others he would undoubtedly retain the full name, as the word “full” was a very interesting significance to himself and to Senator Martine upon all oc- casions when enthusiasm and the vichy water ran high. Upon this the. protesting senators promptly adjourned, as it was ru- ‘|fusion between what was meant by ‘| Charles A. Lindbergh ........ 923 H. T Maxfleld \io. o s ihni s 970 Governor (Progressive). Hugh T. Halbert ..%........ 32 Edward N. Westerlund ...... 17 _Governor (Democrat.) Winfield S. Hammond ...... 123 Daniel W. Lawler .......... 53 to the senate, and the general con- “full’” ‘and jim-jams and prohibition was too much for ithe august sena- tors. g And this is the story of the revolt of the Jameses in- the United States senate. CANVASSING. BOARD FINDS CHANGES FEW. /(Continued rrom Page 1.) Jacob A. O. Preus 854 Henry Rines 557 State Treasurer. x R. L. Johnson 772 Walter J. Smith ..+1,167 Attorney General. James Manahan .. 5 832 Lyndon A. Smith .....:....1123 Clerk of Supreme Court: Irving A. Caswell ST 935, G. D. McCubrey ......... 528 R. R. & Warehouse Commissioner. J. S. Arneson .... “RElas 0. P. B. Jacobson . 799 John F. Rosenwald 377 JCPWhite oo o e mh L. 349 Congressman, Sixth " District. 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