St. Louis Post-Dispatch
October 14, 1902

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LMR oe TT ae OT a : \ A « —_— ) ate ag I hee ROP UNS TE ED eons REL INT THE ONLY ST. LOUIS NEWSPAPER WITH THE ASSOCIATED PRESS DAY SIXTEEN PAGES. | on fe DISPATCHES. figigighita', § —— ST. LOUIS, TUESDAY EVENING, OCTOBER 14, 1902. as One Cent. WILL THE MINERS ON MORGAN’S TERMS ~ END THE STRINE® Coal Barons Agree to Settle- ment by Arbitration. BUT BY PARTIAL TRIBUNAL BUT PRESIDENT TO SELECT, CHOICE IS LIMITED. At Last J. P. Morgan Took the Oper- ators in Hand, Evolved a Plan, Went to White House and Laid It Before Roosevelt, e$Oee eo OoGeeeee oo oo OO _® FEATURES OF THE STRIKE. Strike began May 12, 1902, du- oo Number of women affected.... Number of children affected. . Capital invested in coal mines $511,500,000 SS de > oe oye oe - 7 o a 443,500 Total liss caused by strike... 183,290,000 Loses in miners’ wages...... $27,350,000 Loss of operators............. 54,800,000 Loss of merchants in mining + Loss of mille and factor'es.... Loss of merchants outside dis 9 15,000,000 ee eee FF 8,000,000 B50 OO” 8,000,000 275,000 Loss of railways Loss of business permauently.. ‘Cost of troops in field Cost of iron and coal police.. Loes to railway men in wages. Cost of ma‘utaining nonunion Dama chin 8 FOSS SFSSSSO550955990 0508 CO SESSESSOSSSOSE HOSED Oooo oe ede ee ee eo & WILKESBARRE, Pa., Oct. 14.—President Mitchell at noon stated to press represen- tatives that no _ settlement of the coal strike can be made by the officers of the union without the consent of a convention composed of delegates from the various lo- eal unions. This .would probably require 10 days’ time. _Mpecial to the Post-Dispatch, WASHINGTON, Oct. 14.—The speedy end of the coal strike now. depends upon the action of President Mitchell and his ad- vigers. Will they accept or reject the plan of settlement proposed by the coal mine own- «re presented to President Roosevelt through J. P. Morgan? In brief, the terms proposed by Mr. Mor- gan, are: The appointment of a commission to be chosen by the President of the United States to whom shall be referred all ques- tions at issue between the companies and their own employes, whether they belong to a union or not. The decision of the commission shall be accepted by the oper- ators. The commission of five persons is to con- sist of an army or navy engineer not con- nected with the coal mining properties, one of the judges of the United States courts of the eastern district of Pennsylvania, a man of prominence, eminent as a sociolo- gist, and a man who, by active participa- tion in mining and selling coal, is familiar with the physical and commercial features of the business. The operators also make a part of their ' proposition that the ‘Miners shall return to work as s00on as the commission is con- wtituted and cease all interference with nonunion men. The commission is to name a date when its findings shall be effective and to govern conditions of employment between the com- panies and their.own employes for at least three years. Telegrams from -Wilkesbarre Say that the plan of settlement {fs not wholly satis- iactory to President Mitchell and the oth- er leaders of the miners’ cause. If Mitchell follows the usual form which is followed in union matters, he will send for the three district presidents for dis- cussion, and it is not unlikely that the whole plan will ‘be laid before a convention of the mine workers. If this procedure is observed and the miners should accept the proposition, there could be no general re- sumption of mining for at least two weeks. Here is the history of the steps leading to the pregent proposal by the coal opera- ors: ‘By authority of Mr. J. P. Morgan, who, with his partner, Robert Bacon, and Sec- retary Root, were in conference with Presi- dent Roosevelt at the temporary White Mouse last night for an hour and a half, a statement was given out by Secretary Cor- telyou, in which the presidents of the coai carrying railroads and the mine operators propose a commission of five persons to adjust the differences and settle the coal! strike in the anthracite coal fields of Penn- syivania. The issuance of the statement followed a House, and Mr. Bacon arrived at Washingtoa about 10 o’clock last night in a special car the Baltimore & Ohio Railroad ana drove at once to the Arlington Hotel. They met Secretary Root and the three gentle- men walked over to the White House ana _ were shown at once to the President's — They remained with the President ages we , sGytrs te a ri f pi eee -- ~_ v \ Os o PSS At last from fret And care I get And for a spell I rest me well, T have been kicked THE LAY OF THE LINGERING TRUNK A blissful, sweet release} With all the world at peace. And cuffed and ticked And kept in constant pain, And crushed and smashed And minced and mashed From Texas up to Maine, Such usage rough Were quite enough To put me in the junk; But I have stayed, A battered jade, But still a travel trunk. And now, ah! this Indeed is biiss! What trunk would wish to hike, When it may keep A slumber deep— The smashers gone on strike! . * . J at First race—One mile, selling: i i, 52s ¢e aged e ees 10 Anything Tuckapaw ie. Burnett's Walkawa..y...... *Kate Freeman Lofter Miss hon Fleetwing Kocrys "Jane Oaker » Veritable ] Kmily Ol.ver Second race, é6ix furlongs, purse: S48 Hannah Lady ano UY , x4 S27 SO R57 Mudlavia Mathilde G3. By wa Vs (798) Dottle Shute 848 Marchionese Barnacle *Tenny Belle Lefiare (841) Nellle Bawn (S61) ern cccvesccevecsllZ S06 Fessy FF. .wccces TOTTI TT TTT |. *Guide Rock *Benham *Pathos (S62) *Lazarre S38 Chanterelle Fourth race, six furlongs, handicap: S53 Weldeman , 851 Evening Star NLY 6 DEGREES. ROM FREEZING Coldest October Day in St. Louis for 4 Years. NOT HERE TO STAY, HOWEVER DR. HYATT SAYS A “LOW” IS COM- ING TO WARM THINGS UP. Tender Plants That Were Left Uncov- ered Last Night Will Never Live Again—Keokuk, Io., Nearly Frozen Out. Today is the coldest October day St. Louis has had for four years. The tem- perature at 7 o’clock was 3 degrees. Last year, the year before and the year before that the mercury never even thought of going below the 40 mark. It never quite got to that. The lowest tamperature in October, 191, was 42; in 1900, 41: in 1899, 41. Back In 1898 it kept pretty straight, but on the last day of October it sreaked down to &, hoping all the time that the earth people -would think that November had begun or elise that the mercury was just doing « Hal- loween trick. Counting time before the ides of October today has never had its equal in the last ten years except once. That was in 15) when on Oct. 9 the thermometer registered just exactly what it does today—3s. Todays’ weather was almost duplicated in 1891 when on Oct. 15 the temperature was 37. A “HIGH” CAUSED IT. From which it will be seen that few Oc- tobers are in this year's class when it comes to coolness. This October, how- ever, owes its dis- tinction to a “high’’ that came last night not from Greenland's icy mountains, as the breeze on the street car would make you think, but from the nearest thing to it in the United States ogut- side of Alaska. It came from the tops of the Rockies, where- on 's much snow. Some of the snow it brought along and left in the northern part of the state, at least according to the reports that came out of Moberly. The high had with it much frost. In Keokuk, Io., the frost was a killing frost— plants will never live again that were left Neither will some of those right ‘| outside, eee ears cy Sites pat ON ae ig : = WEDNESDAY’S FAIR GROUNDS SELECTIONS. First race—Miss Eon, Ladas, Burnett's Walkaway. Second race—Vestry, Adios, Mathilde. Third race—Pathos, Barnacle, Lazarre. oa race—Croix d@’Or, Delagoa, Frank Pil. Fifth race—Orris, Chappaqua, Lunar. _Sixth raee—Foundling, Golden Glitter Schwalbe. ‘ ‘ EN tt tk ok estat | gave us the hafl and which is now way | off near the Atlantic coast. ANOTHER “LOW” COMING. Another “low’ is coming to us from the Northwest and it will warm things up a bit. Its advance work began as early as 8 oclock this morning when the tem pera- ture rose to 42. By 9 it had gone 2 degrees better and was still going. The indications for today and tomorrow are: “Fair. Slightly warmer tonight.’ This cold weather is not the property of St. Louis all by herself, but is general all over the Ohio Valley. Dr. Hyatt promises, however, that we will not have winter right away. He says that he has pondered much on the subject, and has finally come to the conclusion that winter, before fhe coal strike is off, can‘t possibly be. : MEXICO MUST PAY $1,820,000 THE HAGUE, Oct. 14.—The arbitration court In the Pius fund case has condemned Mexico to pay the United States $1,820,000 in Mexican currency. The Pius fund was created more than two centuries ago by Spaniards for the purpose of makig converts in Mexico. When California became a part of the United States, contention arose over the control of the fund. The fund amounts to an annual interest at 6 per cent upon a capital sum of $715,000, which represents the amount which it fs declared was the Amer'can share of the Pius fund when the matter was adjudicated upon by a mixed commission in 1869. The Mentoane paid 6 per cent on this sum in accordance with the award of the mixed commission for 21 years, from 1848 till 1869, since which time they have not paid a penny, and the mat- ter has been continuously a dispute be- tween the governments. Since then the Americans have contended their right to this money which they af- firmed was settled for all time by the de- cision of Sir Edward Thornton in 1869. The Mexican government maintains that while Thornton’s awani was decisive up to the year of 1869, when it was delivered, it yerers nothing as to whether the Catholic hurch of California has a right to draw that 6 per cent annually in perpetuity. Since the last interest was paid 33 years have elapsed and whe Americans claim 6 per cent interest fér 33 years interest on the award, giving them the right to draw 6 per cent hereafter. While it was a church controversy the powers of two governments were called up- on to settle it. CLEANOR HOWARD WON FIRST RACE 14.~—The but sunny. FAIR GROUNDS, Oct. noon was cool and frosty, crowd was in attendance. in perfect condition, belng good and fast. FIRST RACE, six furlongs—Hleanor Howard, 109 (Scully), 10 to 1, first; Hazel H., 104 (Morse), 7 to 1, second; Marco Polo, 104 (W. Waldo), 100 to 1, third. Time, 1:16. Wine and Song, Frea@ Hessig, Royal Penny, Crosemolina, ay ¢ G., Dandy Jim, Alea, Randanzzo, Lasso, Alpen also won. Won by a n TODAY'S SCRATCHES. y 3 TTS. ¢ ¢ ad a : ° " : ° % : , > , eS enemy ln heehee as Roig Blt "pa ot Se ~ tw al LL. - as arrears in after- It was a pleasant day for racing and a fair The track was and Ampere ' ~ Sys , oe 7 ead e a BD. # ay ateotede ‘ - Bsn Sess AOS CAR. 6 A REO i Ll GE EID, if DES Fe fe | € : iF - " “y va a 4 ’ 5 f an a tie é . : ee BUTLER TRIAL BEFORE JURY? Decision Not Expected Before Wednesday Morning. BUTLER DELAYED HIS TRIAL JUDGE WAITED WHILE DEFEND- ANT SAT UNCONCERNED IN HOTEL, Arguments on Demurrer Continue This Afternoon—Defense Will Move to Quash Indictment If It Is Overruled. . Ry a Staff Correspondent of Post-Dispatch, COLUMBIA, Mo.,; Oct. 14.—Judge Hock- aday’s decision whether the Butler bribery case shall go to the jury is not expected before Wednesday morning. The arguments now in progress will last until 6 o’clock this afternoon or later and the judge is then expected to take the case under adV@ement. The principal argument of the defense has been unconstitutionality of the garbage ordinance. The state has upheld the ordinance, but has held that, even if the ordinance is un- sound, Butler can be prosecuted for his attempt to influence Dr. Chapman's action on the contract, It was exactly 8 o’clock when Judge Hock- aday entered the courtroom. Law students of the university filled one side of court. No class will meet in law school during the trial, the instructors believing the legal handling of the case would be such as to afford the students more practical instruction than they could gain from &@ week of lectures. : Ed Butler, Jr., was the first of the de fenso’s party to enter the well-filled room. Judge Krum was the first of the attorneys for the defense. When court opened de- fendant Butler was not in his seat. Gov. Johnson entered on the minute of the sheriff's ‘“‘Oyez."’ None of the attorneys had any explanation to offer for the ab- sence of Butler. Without the defendant the trial could not proceed. The lawyers of- fered to waive his presence, but the judge held this could not be done. BUTLER WAS UNCONCERNED. Attorney Rowe hurried tothe hotel, where he found Butler still'in his room. He was cautioned to come if necessary without his breakfast, or he would be ex- pected to receive a lecture from the court. “All right, I'll be down itn a few min- utes,’ said Butler, and Rowe so informed the court. court chewing gum and smiling pleasantly. Judge Hockaday gave him a stern, for- bidding look, but the defendant apparently did not notice him, and proceeded to one of the seats provided for the jurors. KRUM OPENED ARGUMENT. Judge Krum opened the argument on the demurrer. He described the indictment as charging that Butler had approached Dr. Merrill in one case and Dr. Chapman in another for the purpose of influencing thelr votes on garbage reduction contract, which Butler said was about to come before the board of health. oe He then related the history of the gar- bage ordinance, as told in the indictment, telling how it was passed by the assembly with an emergency clause and following its progress until the bids came before the board for approval. _ Judge Krum laid down the following points on the basis of his argument. The ordinance upon which depended the authority of the board ‘of, health to ap- prove the garbage is void for these rea- sons: 1. The contract being for public work the ordinance should ,have emanated from the Board of Pubiic Improvements and shouid have provided for the letting of the con- tract by such board. 9 The ordinance is void because. the Municipal Assembly has no authority to empower the Board of Health to make such a contract. 8. The ordinance undertook to delegate to the Board of Health the legislative powers of tho assembly. The.contract to be made would have been vcoid because made ia name and in behalf of health board. BUTLER CHEWING GUM. While Judge Krum read the substance of the charge, heard then for the first time in court, Butler sat in one of the cane- bottomed jury chairs, complacently chew- ing gum. Occasionally he leaned forward to speak to Ed Butler, Jr. “No offense is stated against the statute concerning bribery, or against the statute on attempted bribery,” sald Judge Krum. “No offense of bribery could be commit- ted in connection with this ordinance,” said Judge Krum. “The ordinance is vold, because it did not comply with the charter. The charter requires that all contracts for public work should be let by the Board of Public Im- provements.” “The ordinances 48 a mere undertaking on the part of the Board of Health to as- sume legislative powers. “pyen though the ordinance is valid, it is not stated that the company was about to make a bid, but that the deferdant said it was about to make a bid. “Tf the ordinance ts void there was noth- ing which could properly come before the board for its consideration.” BRIBERY STATUTE. Judge Krum then read the bribery stat- ute and the law against attempted bribery, the charge In the present case. “The question depends on the validity of the ordinance,”’ sald Judge Krum. “The ordinance called for the doing of public work for the benefit of the people of St. Louls. Under the charter it must be let by the Board of Public Improve- mer.ta. “The city cannot contract except tn a private capacity. It can only let contracts in behalf of the people, and these can be Bh Me, et 2) 8 a a n,- farigy We ee Ds. oe sh re Tht ante CP Se ees ¥ 5 wn ag | 3 Ba ty Shortly after Butler walked fnta the. 4000 boees ere e®ea . ee , TR AVY : * = . . +P - >: -~ M “ ‘ : e - : ’ . & 4 " ; * oe. . > . : 7 . . i 7 ‘ ’ . - > . , > Ma, bec ov ee ee a a ee a eee Special to the Post-Dispatch. COLUMBIA, Mo., Oct. 14—In Columbia Ed Butler is dressed differently from the Ed Butler of St. Louis. of his attorneys, Judge Chester H. Krum, designed the defend- ‘“‘take’”’ ant’s. costume in order to make him County peopl-. Butler is rigged out to look like a prosperous farmer. It is said that one with the Boone Helabout them. ' Defendant Butler 7 at Colambia in His ig - wears a broad-brimmed black hat, palpably new, « black A ee and a white shirt and tie. In St. Louls he usually wears @ | down salt-and-pepper sult and a big derby hat. . pete itl Much comment is being made upan Butler’s sartorial appearg ance by the fashiomably-garbed t clothes of tha latest Parisian cut and rs Columbia people, who wear | have no farmer-like look + : ‘44s * ae -_- statute is not a law,” declared Attorney Krum. “a court trying a man on this charge would be transcending’ fts jurisdiction: “This ordinance came not from the Leg- islature, but from its agents.” If the demurrer. is not sustained by Judge Hockaday a motion to quash the indictment is next expected. The selection of a jury, as Judge Hock- ajay has indicated, will come after ‘all preliminary mmo have been disposed of. if they arejnot sustained. DEFENDS BUTLER’S CHARACTER. Judge Krum made a forcible plea to the court for Butler, saying: '“He is a man like us all, with the same impulses, the same feeling, the same passions.’’ “He has a big heart and a genial soul This is the man against whom the state’s target has been directed, “He has been pictured as a monster of most frightful mien and his appearance has been awaited by this well ordered community with something of the terror which the Scotch nurses used to inspire in children by the threat that the ‘Black Douglas’ would get them. “And yet I venture to say that this court and the people of this county will find him a man with the ordinary attrib- utes of humanity. ‘It will be found that he is warmed by the same summer, cooled by the same win- ter; in short, has many of the attributes of these learned and Christian gentlemen, whose names appear signed to this indict- ment; these men who, after keeping the matter secret for months, suddenly, in a spasm of virtuous wrath, brought against him this accusation.’’ Judge Krum concluded his argument at 10:15 o'clock. Court took a recess for a few moments, while awaiting the grandjurors summoned for this term of: court. After charging this body the Butler case was resumed. FOLK ADDRESSES JURY. While the judge was instructing the jury “Col’’ Butler stepped off into a corner to read a St. Louls paper. At the conclusion of the judge’s instructions the grandjury was excused, and Mr. Folk arose to address the court on the demurrer filed by the de- fense. Ww spea his room, to close attention. ng at 10:50 o'clock, Butler changed “The state’s position,” said Mr. Folk, *‘a: “First, that the work of garbage reduc-| ay, “9 SMe ay 3 eS AEs . roe = ; : % : = ¢ © et i rca Rp RR torngy nate samecangig: Ma, vi y Ww: Peis; ~ Ae ee ge n the circuit attorney commenced at to a chair in the corner of the nd his air changed from listlessness himself on the ground of lack of authority on the part of official. “If the official was good enough for the defendant to tempt by dangling a bribe be- fore his eyes, he is good enough to answer the requirements of law as a witness on this charge."’ A LEGALLY ELECTED OFFICER. “Tf any cfficer Is legally elected his right and office cannot be questioned. The constf- tutionality of an act could not be attacked if, a statutory provision governs the estab- lishment of office. “Nor again,’ the cireuit attorney con- tended, ‘‘could the fndictment be attacked collaterally.’’ Mr. .Folk then quoted the statute on bribes, and declared in answer to Judge Krum that it was as broad as human lan- guage could make it. The circuit attorney then took wp the question of the authority of the Board of Public Improvements and of the Board of Henlth, reading from the sity charter the sections governing the two bodies. Mr. Folk declared the position of the State to be that the authority of board of public improvements !s limited to each de partment over which the board has juris- diction. This he took as a reasonable in- terpretation of section 27 of the city char- ter. He held that the only thme the board had any connection with the health depart- ment was when to abate a nuisance it was necessary to pass a special tax bill. “Suppose cholera or some terrible epil- demic were raging in St. Louts,”’ he said, ‘would it be necessary to wait for the Board of Public Improvements to act? “The prevention of disease is, In q@ sense, public work, in that it is not private work, but it is not public work of the sort over which the board of publilc improvements is given control ‘The board of public improvem@nts is not the city government,” said Mr. Folk. “What is a board of health for but to preserve, and protect the public health? Mr. Folk read extensively from an opinion by for “ity Counselor Schnurmacher dealing with the legal status of the Board of Health on the garbage contract. ya In that opinion, the city counselor held that an ordinance, regarding sanitary regu- lations, must necessarily go to the heaith board for approval. power to perform the duties of his}, argument, in the effort to keep the B | case from going to the jury, thinned th@ os F crowd at the afternoon session, but all seats in the room were taken before o’clock. As Butler entered, promptly on “the te ute, he joked with friends about the turn of Julius Lehmann. John R. was one of Lehmann’s bondsmen, stood to lose $5000 by his absence. : ‘“‘He had to come in,” sald Butler. “It was his last day. We could not tos@ him.” aes | Circult Attorney Folk resumed his | | og cussion of the demurrer, reading from cisions in bribery cases. JUDGE TAKES NOTES. Mr. Folk’s argument by taking notes on tha sections of law, which the circult attorney, quoted. ee “The law seeks,” sald Mr. Folk, “ta teach the legislator that his vote and his | officia] action are not his own, to be for private interests. : “The law seeks also to teach the giver@ of bribes that it is a crime to approach an official for corrupt purposed, to ine) = * fluence his vote, whether theofficial has ee the constitutional right to pass on the matter or not.” Mr. Folk again entered on a discussion of the ordinance and the powers of the boaré of health and was interrupted by Judge Hockaday: “Tl must have this ordinance before : or I cannot pass on its validity,” the judge. é' “If I don’t see the law I don’t see how T can pass on its validity. It is not in the averments against the defendant.” “We can show you the indie oO replied Mr. Folk, “but this argument cone cerns the ordinance.” ae A number of short tilts between Folk an@ Judge Krum followed. & “Are you trying to convince each othe or the court?” the judge asked sharply. “If the contention of the state is uphela ¢. the corruption of pubilo | Bettie Fae cali 2 a ne pier ee © ela uJ rll iastfia i mes, he, g Spe eam ae " : eee SON PCOS seg rere AN oS, oO. : en a | ae Judge Hockaday showed his attention t sa r* et 2 3 « * ULI GREE PAPEL, Ss ae - ie ai aa ae ll