LAST EDITION.
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VOLUME 27.
Twelve Pages Today.
RALEIGH, N. C, SATURDAY, MARCH 17, 1906.
Twelve Pages Today.
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RALEIGH
i T $w
TIMES.
A L. V MX Jl. V
MEMTS TODAY ON
MINERS WAN
LEASE OFRULROAD
WORK ON CANAL
WOMEN 10 VOT
North Carolina Seeks to Up
hold Contract With Hov
land Company
QUESTIONS OF Li FOR
JUDGE LONG TO DECIDE
Solicitor .Moore, for tin Plaintiff,
Contends T!mt Supreme Court's
Interpretation of Atlantic & North
Carolina Railroad Company's
Charter Should He Overruled At-
tucks Freight Kates and Speaks
of Future of the Section Mr.
Ward (folds That Lease Was Legal
and That State Cannot Violate Its
Contract.
(By W. (J. UlilGGS.)
New Bern, N. C, March 17. The
argument before Judge B. F. Long
hero today in the Hill suit to annul
t lie lease of the Atlantic & North
Carolina Railroad attracted an audi
ence of less than fifty New Bern peo
ple, including interested parties.
Three" hours has been assigned each
side for argument and Solicitor L. I.
Moore, in opening the discussion for
the plaintiffs, consumed an hour and
forty mlnutcsi The solicitor con
tended that Judge Long should over
rule the supreme court's Interpreta
tion of the company's charter and
hold with the dissenting opinion of
Judge Bynum that the language of
the charier did not authorize a lease
and the act was void.
In speaking cf the increase in
freight rates in violation of a cove
nant of the lease the solicitor de
clared: "If this does not annul the
lease then I charge that the leas i
was loosely drawn."
Mr. Moore further contended that
the lessee corporation was insolvent,
so far as the people knew and closed
with a glowing picture of eastern
Carolina's future and the possibili
ties of the road under state owner-i
. Ship. ..''.":
A. D. Ward occupied fifty minutes
in replying and devoted himself to!
maintaining that the lease was legi.l
ly authorized, that the state could
not violate its contract and that the
company could lease for
u period j
-:
longer than its charter.
Attorney Central Gilmer, in tin
last argument' before a recess
dinner, made a vigorous and ..power-.
I til reply to Solicitor Moore. Th.?
faith of the great state of North Car
olina was pledged to this lease, de
clared the attorney general, and he
was here to uphold the credit of tin?
commonwealth.
This lease, was made after twelve
months' deliberation and the earef' i
consideration of numerous bids and
if a technicality existed, which ho de
nied, what security would there b;
for home or foreign capitalists if
this solemn, duly executed contract
was to be deliberately broken? -
Argument will be resumed at 2 p.
m., and will not be concluded until
nearly 3 o'clock.
Judge Long will probably reserve
his decision. ,
Tliet Parties to the Suit.
The suit is brought by Hill and!
others against the Atlantic uud snouiu-uppear inac ineie nine '-"!fj.,v to the Philadelphia concern
North Carolina Company, successor any' violations, -of the terms, an as -1 j.chrt,sented by R. R. King and B. D.
of the Howland Improvement Com-jtion at law for damages, will afford ijj;ct,lo 0-f K!h p0lnt.
pnny, is to annul a lease made by thejths proper remedy, therefore the aid j The High- Point officials granted a
Atlantic and North Carolina Railroad j of a court of equity to annul the con-, ( :ancni-se t0 the Philadelphia con
Company to the Howland-Improve-; tract cannot be maintained, Inasmuch I C(,fn a,ld 1Tfus.,ci to grant Mr. Justice
ment Company at Moreb.ead City, j as the lessee : :omian.v. under specific fl..,n(.hise. At the session yester
September I, 1901. ; provisions of the lease, now has nif,av Attornev C.W. Sanp statsd to
The plaintiffs in this action are deposit bonds amounting in value to tVio ' -bbafd that he had received a
lirst, w. r'. Hill, who owns two snares ;
of the stock; second, C. E. Foy, a
director of the road who voted
against the lease wnen it was made I
bttt subsequently attended a meet
ing of the directors and made the
motion to appoint a committee to pay
tuo dividends from the lease money,
and, third, the county of Craven.
However, Craven's stock was voted
for the lease when it was made and
it is doubtful whether it can now be
joined in an effort to set aside the
contract it helped to make. The at
torneys for the plaintiffs are Solicitor
L. I. Mooro of Greenville, W. ... W.
Clark of New Bern, and O. H. Gulon,
speaker of the state house of repre
sentatives, also of New Bern.
The attorneys upholding the valid
ity of the lease are Attorney General
It, D. Gilmer, representing North
Carolma(thG stalewwns 12,GfG of the
li,33tf shares of stock in the road
oil Ihii ol'tlu'o otiil.- tno vntod
for the lease); Ex-Governor C.
ivj cut:j ui jycuc-k. iaiueia, vjruius -
boro, for the lessee, the Atlantic and
North Carolina Company; A
D.
Ward of New Bern, and Chas. M.
Busbee of Busbe3 & Busbee, Raleigh.
.Mr. Busbee, who Is himself a director
of the road, appears in this hearing
as the attorney for Mrs. Florence P.
Tucker, Mr. E. C. Duncan and the
other large private ''.stockholders).
P. M. Pearsall appears for the de
fendant. (rounds' For Attacking Lease.
The plaintiff, began this suit in
the superior court of Craven county
and the matter was heard before
Judge B. F. Long, who found the
facts upon agreement of counsel, and
the argument was set for today at
New Bern.
The plaintiff seeks to set aside the
lease of this road, running from
fjc.-ldshoro lo Morohoiirt Citv imnn
ihe nllegalioh that the. charter of ,he!citlzen"cannot sue the state yet, tin-
Atlantic and North Carolina Rail-
road Company did not. authorize its
execution, therefore the act . of the
lease was ultra viries.
Another allegation in 'the', com
plaint; which was argued by the
plaintiffs', counsel, was that the les
see corporation has not complied
with certain provisions in the lease
with reference to freight rates. In
his finding of facts -the judge found
that there had been a readjustment
of rales and that, while some had
been increased others hr.d been low
ered: The Lease Legal.
Counsel for the lessee corporation
today argued that inasmuch as the
lease was executed on September 1.
190 1, and that, the plaintiiTs did not
bring their suit until a little more
'ban twelve months thereafter, t'n
they cannot now seek to" -'annul", the
lease. This argument was based
upon the ground that on September.
SrSS tnhSiGoilford ; Still Turns Down
stockholders met in regular annual
meetiiitf.' and the president of the
road' reported that the same had been
leased and gave the terms of the.
lease. '. j
For the defendant it was further
contended.- - that inasmuch, as me
lessee company had, after the execu
tion of. the lease and before the in
stitution of this suit to "annul, spent
in improvements about $158.)00 in
moneys not arising from the income
of the road and shares of stock have
been issued, which passed into' the
hands of purchasers, that it would be
inequitable, under suclv clrcuni-
stances, to annul tne lease since tn,oon to conter with flavor urenn
tinnttlnient would injuriously affect
third .'pnrties. : .
. As for the plaintiffs' denial of iH
I'o.'ilhonty to niaiie tne lease, -conusn
for the lessee corporation cited that
in 172 the supreme court of North
Carolina held that a lease 'made by
ihe North Carolina Railroad, under
a provision in its charter similar
io
.i . ...t.i i. (,. i.f
,,1, North Ca o in
the Atlantic and Noitn catouna
Railroad Company.
n,rt l,c-i. i-nio
the lesmoi com-
pany had power to execute the lease.
This the state's highest court 1ms
frequently: reaffirmed,', and in Logan
vs. Railroad, 11 G N. C. Reports, Jus
tee Avery, in the -opinion of tie?
co;irt, says: "The .question of the
aittlloril.v of .Ihe. lessor company to
larm ou-' Its Traiichise to the iessee
is no longer tin open on.?.
An Adequate Iteinedy at Liny.
I Counsel further insisted that ihe
I lessee company has not faile dto per-
lorni; the covenants contained in ine
leaE0-
Further than this, even-If il
more than $iuu,uuu . to mane goon i ,
any default in its contract. :
Another point, upon wmcn counse.
for the lessee corporation insisted
land supported with citations of legal
authorities, was that since the, di-
rectors . oi tne iossor.. company . uav
no right, under the circumstances to:
maintain this suit that a stockholder
would have no nigner ngni
board of directors itself. - ; ;' ' '
There are one or two ouier minor
points in the complaint, such as the
publication of notice and the time of
the deposit of the requisite ?10U,t)00
by the. lessee company, which were ant shamrock decorations today In the
practically disposed of in the finding three Irish Catholic churches here, in
of facts and were not regarded as honor of St. Patrick's Day. Cardinal
pivotal in the argument of the suit. ' Logue, archbishop of Armagh and p
. ..,i, ' i mate of all Ireland, -celebrated ponti
- Kesult of An. ( . n I nclal ,liass. He ataodemw short
While counsel emphasized strictl) aud ent w ng8 not 01lly
the Jegal questions involved the audi- l0 lhe ,rl8h.lh lre,nnd p,,, to ,hoS0
ence was not left unmindful of the across the seas.
!fnt ffiiif a'hoi'O'ia fnrmorlv HiviHtiTiHc
B.Ion this stock were rare, and were'
- paiu uniy at tne expense ui ueuer
.equipment and maintenance,-now the
1 3 per cent, annual dividend, which!
will be gradually increased, amounts j
to $54,000 a year, of which the state!
receives $36,000. . I
Besides for the state to again take;
over this property the lessee company
must be reimbursed about $300,000
and the accomplishment of this
would mean, it is believed, either the
sale of the road or largely increasing
its mortgage debt to the deprecia
tion,-' ana perhaps ruin, of its stock.
If the railroad should be sold then
the unknown holders of $135,000
bonds issued just before the civil
war to complete the road and guar
anteed by the state's stock, -with 4 0
years' interest, may intervene and
say that the money shall not be paid
until their lien is satisfied. While a
Idor the famous South Dakota decis-
'n, the bonds could be placed in pos
session of another state and an action';
could be maintained. While no men-1
lion of these mysterious outstanding . Kny unless tIie 8eliSi",jn of congress if
bonds appears in the record in this ! ong continued.
Hill suit still interested persons are -. In the event that no 1 i 1 i passed
not unmindful of the fact that they ,the appropriation committees undoubt
exisf and the matte ris the subject of! cdly would report the amounts neves
Dossil) when this "litieation is dis-.l uiy to cany on the work until next
cussed.
;.''.' Postmaster at Dwijjhl.
:;.- th:-Associated Fre.t) .
Washington. March IT. Th .'follow
ing" fourthchiss postmasters have been
appointed ; -
.Vi'.ii t'e.i-oltna -Dwiffhl, Lizzie
La; .e.'.
THE TROLLEY MUDfiLE
.Plilfsdelphla Folks
High Point Granted the Fran-
...
chise lo the Philadelphia Syndicate I
and' Refused it to the Justice Peo- l
i.lc So Thlnes are at Sixes and !
"
Sivmis. .;
. (Special tft The Kveidiiff Times.)
Greensboro, N. C, .March 1 7. The
county commissioners met in special
called session here yesterday after-
;UKi oi hers of High Point over the
question of granting a . franchise to
Philadelphia capitalists for a trolley
- ina over the county roads between
HiHh Point and Greensboro. After
iioi:ri::g several parties including
Mayor Wrenn, E'. D. Steele and R, It.
;King. in favor of granting the fran-
r-hti. llio thiirrl Wen into nwflltivo
ii.'lU&t," IIIU Willi! M'CiH HllU t-AV-otlUVV- !
. . ..
I'T" aeter acuon
untU r.Cxt Tuesday.
. .
,,anl ntr of his decision,
. a , .
Messrs. Steele and king, in behalt ;
of the parties seeking a franchise, j
insisted on having, a decision at this j
me?'.i:ig, and just at night the mem-j
hers of the board w ere gotten to- j
gelher, and by a vote of three to two
I d'JCiiiied to reconsider the former
action musing a tranclr.se.
At the regular meeting the first
Monday in March, the board granted
a franchise to E. J. Justice as trus
I tee for a' - syndicate of capitalists
...- naraes he dw not divulge, and
fref1!sed. t0 ,trant a franchise the next
one distance teiepnoue message
(l.om Mr. Justice, who is out of the
;ci(v Ulgillg ,hc board to defer nc-
tlon in granting the Philadelphia
concern a franchise 'until' he could
1a nortinnulli' ii!'ennt .'1 11 fl lltilkr! 11
statement .. lnat ; ilM;e -. n0- had been
a franchise there had been
jeertain . lmpol.anl developments !
, whlch -'ne .-dcstred to explain to the
;commlss!onei.s.
Shamrocks in Rome.
(By the Associated Press.)
Rome, March-17. There were abund-
jjfJJJSg Qfid SSHcllG ID 3 Dfi8(!'
lock Over the Type
LITTLE CHANCE NOW
Senate Committee Disturbed Over
Statement by Mr. Hepburn -and if
Xo liill is Passed the Coast ruction
of a Lock Canal Will Proceed
Only Solution to be Offered Xow.
(I!y the Associated Press.)
Washington.' March 17. The senate
committee on iateroceanic canals heard
with many misgivings the reported
' statement by -Representative Hepburn
; that the house committee would not be
willing to accept the senate heal ings to
determine the type of rsnal to be con
structed across the Isthmus of Panama.
This is taken as an indication, that
congress will not be able to agree upon
In flcr-iitine- (he ivne or l ie wilier-
session and the canal cnnuni.ision would
proceed with the const l net ion of a lock
canal, under' the plans advocated by the
minority of the board of,. consulting en
gineers. President Roosevelt In his
message transmitting- to congress the
report of the majority and the minority
: of the board said thai he favored the
' latter, which was for a lock canal, and
jl.hat if the question were not determined
by. -congress that type would be .con
structed. This offers ;i solution if the
opposing factions should be unable to
agree. .-..;.
BELAY, GRANTED !
YOUNG SHEPARD.I-
IS, th-.. A-s,.( iat. I 1
, S.-v
Paris, March-.; 17. The authorities i
I have granted six months' delay iu the j
case of Elliot V. Shopard of New i
Vl-I.- v,lt . I .1,-. , . .-..1 ir n flvir, .-. '
.... , , , - !
J'ti ,?itu iiiuei;iijii, umi iu I'neivj
months' imprisonment for running j
over and killing a girl while driving
in .h,s-automobile a. St. Ouen in April
1 - HM.L. !..
last. This is considered a virtual I
! abandonment of - the imprisonment!
! part of his sentence . which ultimate-1
ly will be ch tinged into an additional;
hne.
COUNTESS -STOT
ABLE TO ATTEND.
Uy 11k" .S';-o. fated press.)
Paris. March 1 7. .lodge Ditfe,
president, of the first tribunal of the
Seine, -"stiinmoneil the Count, and
Countess Boni l)r' Castcllanu today
for the purpose of seeking a recon
ei Hat ion under the w ife's last appli-
. .1... e 1 1 .. - .1 J . n'l,
cauuii .'iur . ;ii;sii;uii:-. unmay . i
formerly Anna Could, ws
, ,.-... ,.,. , :
'present vll.u PUinuuu ivei.y, uei ui"--
i ' . ,i
irfli - ' c.o i n s i nornev oresenieri .
a f.el.lilu.ate trom ., doctor saying
t)l.(t ,,)( former was sick and unable
to be-iH-osent-Mn court.. . The hearing
was ;lnon adjourned for a fortnight,
: . j.
RAILROAD FERE AT
ERYSON CITY TODAY
':': '-"'. V..
(Sp.eial ,'.o The Kvelliilg Tin:es.)
A die ;!' . X. ('.. March 17. A special
today, fieri tiiys-ui 'il:- says -news
lias '.lust b- en received to "the effect
that, a lire Ihl-. morning destroyed W.
J. Oliver's warehous" and eoinmi-ssai y
at l-;u aaei!. ' The: liuilrilngs destr lyed
ienlaii:ed Hciw-nil railro'ld supplies for
ennps i! : t!;e. --; w toad from laiy-;
viile.,-: Teim.. o Hushmll. The ' t sti-1
mated !os
SHU CO.
I
HOLTON'S NAME
HELD UP YET
(By the Associated Press.)
Washington. March 17. The nomina
tion of Alfred E. Hoi ton to be United
States District Attorney for the west
ern district of North Carolina was con
sidered today by a Hub-comrvlttee. cf
the senate committee on Judiciary. No
decision was reached. Objection to the
appointment was made by Representa
tive Blackburn on the ground that Hel
ton had engineered a polltieul persecu
tion of him iu relation lo his recent indictments.
Female Suffrage Endorsed at
Convention Today
FUNDS FOR PRISONERS
Five Thousand Dollars Voted To Help
Defend Alleged Conspirators I'nder
Indictment in Idaho. Defeated
Proposition Looking to Govern
ment Ownership of Coal Mines,
(By the Associated Press.)
Indianapolis. Ind., March 17. The
convention of the Vnited Mine
Workers of America today voted
$5,000 for the legal defense of C. R.
Mover, V. D. Heywood and retll
bonc.. officers of the Western Federa
tion of Miners, who are under indict
ment in Idaho charged with conspir
acy. The executive hoards were au
thorized to spend additional funds
for the defense of the men if more
money should be. needed.
The convention adopted a resolu
tion favoring woman suffrage and de
feated a resolution declaring in favor
of the government ownership of
mines. A number of resolutions con
cerning the scale and the repeal of
Ihe Ryan resolution were offered, but
all were referred to the resolutions
committee without action. The con
vention adjourned until Monday
morning in honor of St. Patrick's
Day, Nearly one thousand of the del
egates later marched in the St. Pal
rick's day parade.
ALSSB1V WANTS IT
Ciiizens Begin Work to Get
Itousins AJi'ting L;rst Xiglit at Which
Proposition of Voting Bonds for
Norfolk & Western Extension Was
Considered Committee Xamed to
Engineer the Movement.
(Speelal to The Evening Times.)
Salisbury. X. C, March 17. When
Thomas H. Vanderford last night called
tor a standing vote on the proposition
of voting Sn-OiOtO bonds for the exten-
i sion of the Norfolk & Western road
from Winston to Monroe, almost every
man of the large audience arose to his
! feet. The enthusiasm of the gather
! ing was intense. At S o'clock, the meet-
ing hour, theie were not half a dozen,
! but within the next thirty minutes the
( curt room was pretty well tilled. The
I Chestnut Hill Band' played enlivening
,1 .-,
musk. JSdWlll t. . urogoiy xns maui.
chairman and in a few words declared
., ,....,..,-,,, t i. ,mo not
lae uuju i i.iv .Mv....n -
., , ,, c,i,..,, ui i,n,
o? nosuoij to .-w,.,nv. ...
iness matter entirely, W. 15. Straebaii
was elected secretary and Col. John S.
Henderson spoke delightfully for twen
ty minutes. His recital of Salisbury's
.lust opportunity v as pathetic. In his
i.ay he could recall Salisbury's chance
to' have enough railroads to increase
her population to liW'.OOU. : ;
Mayor Hoyden spoke for future Sal
isbury and Walter Murphy was tremen
dously effective in bis argument for the
new road.
A l the close a committee on ways and
means was appointed with Col. Hen
derson as chad man and X. B. MeCan
less. T. H. Vanderford, L. E. Heilig, J.
M. Maupin, T. H. l'.vown, K. A. Rainey
ml Walter Murphy as subordinates.
These will petition the legislature
through the people for an election on
bonds nnd confer with the Norfolk &
Western people.
,
WTT T RTflPV RY
AN OPERATOR.
l.liy the Associated Press.)
Pueblo. Colo. March 17. When ad
vised of the report that the night
operator at Swallows, S. F. Lively, had
made a confession , In which ho ac
knowledge! his responsibility.' .for the
collision of the ivo passenger trains
on the Denver and Ulo Grande-Railroad
near Florence ..early . ycsl"iday
morning which resulted in n disas
trous wreck and that Lively chiimed
to have been in a condition, of stupoi
at the time, owing to a long watch
at his post, local officials of the Den
ver and Rio Grande denied positively
last night having any knowledge ol
such e. confession.
it was stated, however, thait It he
operator' had assumed a longer shift
on the night of the wreck than usually
required of him. but this, it was un
derstood was for reasons on.y known
u himself.
Shot Down Like Dogs on the
Russian Frontier
THE FACTS PROVE IT
In Spile of Otlicial Denial, L'vidonce
Shows That Indesii able Flock
Sent Back To Russia From Eng
land Were Killed As Suspects.
Slaughtered Without Chance To
Escape.
U!y the Associated Press.)
St. Petersburg, March 17. There
is already evidence that only a check
and not a defeat has been adminis
tered to the reactionists who are con
ducting the anti-semitlc agitation.
Premier Wit to, after he had forced a
decision of the cabinet to suppress
the agitation, knowing the audacity
of his opponents took the precaution
privately to ask the Jewish leaders
to notify him instantly whenever the
Jewish inhabitants of any locality
were threatened in order to place him
in a position to insist that measures
be taken to protect them.
The Jewish leaders, however, now
charge that the reactionary clique
with the connivance of sympathetic
local governor generals are boJdly ar
ranging to block such warnings. The
leaders claim to have proof that or
ders have been given at several
places,-.-specifically." citing Vitebsk,
west Russia, not to transmit mes
sages to the premier warning him of
the imminence of the trouble; it is
further charged but proof is lacking
that this was done with the knowl
edge of interior minister Durnovo. It
has been established that Count Pod
gorichanie, chief of the gendarmerie
of Gomel, west Russia, who armed a
mob 'there while ostentatiously dis
missed by M. Durnovo in reality was
only transferred to a better post at
V'alta, Crimea.
In spite of the official denial of the
shooting of undesirable refugees sent
hack to Russia from England private
information has been obtained tend
ing partir.lly to support the charge.
Many of the refugees were sent to
Baltic -ports where the authorities are
showing no 'mercy to revolutionists
despite the 'emperor's instructions to
disnlav areater leniency. When the
refugees disembarked, having fled
from Russia without vised passports,
they were regarded as suspects and
some of them were given a
shift.
short
TRYING TO SAVE JEWS
Witte Anxious to Prevent
Easter Slaughter
Cables to Chicago That Government
Will .Make livery F.ttort to Protect
People from 'Violent Demonstra
tions Hy ltm-siuii Mobs.
(l:y tin-.Associated Press.)
Chicago. March 17. Adolf Klaus of
this city,, president of the- executive
con'm-.ltti e' of the Ind. ;c.-ud:nt Order
of Ll'Nai B'Kit'i. has received 'a. cable
gram fionv Count Witte, premier cf
Russia, in which the count del l u es
that it is the intention, of ihe Russian
government t protect as far as possi
ble till the Jews in tin- country from
the in.issai-re.i vvnieli it has been re
ported were lo take place at Easier.
The cablegram of Conn! Witte came
in reply to a- letter written to him by
Mr, Klaus, who infoi'ine,! the premier
of the repoits that a great massacre
of the Jews idis'ln lake plii-c al
l'.asd-:- time, and asked if .Ihe govern
ment is . in a iosiion 1V :rot?ol the
lives end 'property of Jews cqujlly
with that of Christians and lo punish
offli la's, w l-.o fall to do their duty tn
not preventing massacres.
The reply of Count Witte is as fol
lows: --
"Adolf Krae.s. Chicago.
"I am sure you have no doubts that
I cannot approve violence, no matter
agapisl horn I' Is direct ed. The de
plorable events that have t.sk?n plac;
wet" ihe result of riots. Yoii may be
persuaded the government will use all
possible mfa:ures lo prevent violence
against peaceable inhabitants without
rege'd lo nationality.
(blgucd) "COUXT WITTE."
Colorado Wreck is One of
Greatest Disasters
DEATH LIST UNCERTAIN
Conservative Estimates, However,
Place the Loss of Life at Thirty
Six Seventeen Charred Bodies
Xow in the Morgue and Others
.May Never lie . Taken from the
Ruins.
(Hy the Associated Press.)
Pueblo, Colo., March 17. While the
exact number of lives lost in the Adobe
wreck on tiie Denver & Rio Grande
Ititllroad will never be known. It unr
doubtedly will' take rank among the
great disasters in the history of rail
roads. Conservative estimates on the
loss of life place the number of dead
at thirty-six. Seventeen charred, man
gled and unrecognizable bodies lie In
the Pueblo morgue, five other persons
are known to be dead and possibly a
score of bodies were burned to ashes.
There was not a single entire body re
covered from the wreckage with the.
exception of the engineinen, who, al
though mangled had not been reached
by the ttames that swept through the
wrecked er-rs.
Bits of charred flesh and piles of
bones were all that indicated that a
holacaust had occurred, but trained
eyes picked out the pelvic bones and
from these it was seen that so far as
the search bad progressed no less than
thirty-six people had perished.
The following names have been added
to the list of known dead:
PATRICK MURPHY, Florence, Colo.,
an oil we'.t driller.
RAL FIELDS, aged 10, Keystone,
Wyo. '..'
MRS. BELLE WEBB, Keystone,
Wyo.
Murphy yesterday was reported
among the seriously injured. He had
dragged two passengers out of A burn
ing car. When he returned to rescue
a third a gas explosion occurred and lie
was burned to death.
Mrs. William Burnside, her daughter
and grandchild, said to be from Kan
sas, were erroneously included in the
death list last night.
All the Injured, it is believed, will re
cover. It is not likely that the remains
of any of the other victims can be iden
tified. : ' -
E. L. Lively, the operator whose fail
ure to deliver the train order that re
sulted in the collision, has not been ar
rested and it is considered probable
that no action against him will be
taken until after the coroner's inquest.
Lively says of his failuie to deliver the
train order:
"1 was asleep; that's all." .
It is asserted that Lively had worked
for several days without sleep.
Denver, Colo.., March 17. Al the
office of the general manager of the
Denver & Rio Grande Railroad to
day the announcement was made of
ficially that E. L. Lively, night op
erator at Swallows, was wholly re
sponsible for the collision at Adobtf
yesterday. He was asleep at his
post, it is said, when train Xo. 3 to
which he was to have delivered an
order went by. Later he reported
to the train despatcher at Pueblo
that the train No. 'i had not passed
Swallows.
1 Two operators are employed at
'Swallows. The regular shift was
from 7 o'clock in the evening until
7 o'clock in the morning, when ho
was regularly relieved by the day
operator. Officials of the Rio Grande
deny that Lively had been required
io work over time and say if he had
done so his action was voluntary.
FIVE INJURED IN
A WRECK ON MONON
(By the Associated Press.)
Louisville. Ky-. March I7.r-Train N'.
11 mi the Monon, which left Louisvlllo
for Chicago tills morning was derailed
at Hoiscslioe Bend short ly after It
o'clock. Five passengers and the bag
gageman were injured according ti
the report given out by the Monon
officials here, but nobody was killed.
The engine tender jumped the truck ,
while the train was rounding a curvp,
and the entire train went down an
embankment. The baggageman's log Y
was broken and one of the passcngora.'
is reported seriously, hurt. t
JOHANN MOST
DIED TODAY.
By the Associated Press.)
Cincinnati, ()., March 17. Heir Jo
liann Most, the anarchist, died today
of erysipelas.