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TODAY'S PRICES

Mir silver (Handy & Harmon quota-

n 48 Copper, 14 75 9 14-87;

r uni, lower- livestock, steady Mexi

in bank notes, 15 Mexican pesos, 55

i ihuahua currency, 11 Carr&nza cftr

rny 11 Stocka, lower.

HOME EDITION

WEATHER FORECAST.

33 Paso, fair; Arizona, fair; New Mex

ico, fair; West Texas, fair; warmer.

LATEST NEWS BY ASSOCIATED PRESS.

SINGLE COPY FIVE CENTS.

EL PASO. TEXAS, TUESDAY EVENING. FEBRUARY 23. 1915.

DELIVERED ANYWHERE SO CENTS A MONTH.

TEN PAGES TODAY

FLOODS HELP CZAR TO CHECK GERMANS

Court

-I

Ends Oil Case; Entrymen Lose

i

California Eight Hour Law

For Women Also Held

Constitutional.

OIL MILLIONS

'ARE INVOLVED

i

Justices Day, McKenna and

Vandeventer Dissent from

Court's Opinion.

WASHINGTON. D. C. Feb. 23.

The United States supreme

court today upheld the eon

stuutionality of president Taft's with

drawal of California and Wyoming oil

lands in 1909 without empowering leg

islation This annuls the entry cjaims

or individuals and corporations valued

at hundreds of millions of dollars. The

supreme coort at the same time up

held the constitutionality of Califor

nia's eight hour law for women em

ployed in 'nanufactiinncr an.i ,...,,-

tile establishments, except those em

ployed In harvesting and canning fruit,

hoarding houses and graduate nurses

in hospitals.

Corporation Fought Oil Cane.

In regard to the oil lands litigation,

president Taft withdrew the lands as

a conservation measure and on June

"5, 1910, congress passed a law ratify

ing his Mtton.

have resisted attempts of the govern

ment to pnt them out The govern

ment defended the withdrawal partly

n being for preserving an oil supply

lor the navy.

Justice Lamar announced the court's

dtcisien. from which justices Day, Mc

Kenna and Vandevanter dissented. The

ia8e has nothing to do with the en

forcibility of the prevailing form of

oil leases which is involved in another

lase.

Prohibition Is Absolute.

The California eight hour law pro-

ides that no woman shall be employed

by the same employer more than eight

hours a day, or 48 hours a week, in any

mercantile establishment, factory, ho

tel, hospital or apartment house and

( crtain other designated places. The

statute also prohibits the employment

of women by express or transportation

companies for a longer period of time

than that mentioned. Two exception

ere enumerated. The law was not to

apply to women engaged In harvesting,

canning, curing or drying perishable

fruit or vegetables or to graduate

i.urses in hospitals. The prohibition of

the statute is absolute and no allow

ance is made for the emergencies of

nie.

Three Cases Contested.

One appeal involved the validity of

the law as applied to hours of labor

for women. F. A. Miller was awested

.Hid prosecuted for a misdemeanor on

ilir charge of compelling: a waitress te

lauor over eight hours in a single day

in a hotel. The second case originated

in Alameda county, California, and was"

n action to restrain the state officials'

from enforcing the law as it applied to

i;thel Nelson, a pharmacist in the Sam

uel Merritt hospital m Alameda. Mils

XelHon is a graduate of the University

of California. Her work in the hospital

w as of so exacting a character that it

required she should be on duty longer

than eight hours a day. If she could

not do so the hospital claimed it would

ha e to dismiss her and obtain the ser-

ices of some other person.

The third case also involved Miss

-Nelson, but involved different points of

legal technique from the second,

argument By State.

On behalf of the state it was assert

ed that the mw did not interfere with

the freedom of contract Because it

was enacted to preserve the health of

women, because women needed protec

tion from the cupidity of employers and

because it would tend to prevent race

suicide and the extinction -of the older

American stocks." The state also ar

gued that it did no deny the equal pro

tection of the laws to women by reason

of the expected classes enumerated be

cause women were employed more con

tinuously in hotels and apartment

houses than In harvesting and because

graduate nurses are better equipped to

face the "economic struggle" than their

usters of certain other professions.

Doesn't Affect S. P. Suits.

Los Angeles. Calif., Feb. 23. The

decision rendered by the United States

Herald's Annual Review

May Get El Paso a Creamery

THE HERALD'S annual edition may bring a dairy expert here from

Florida who is willing to invest a considerable amount in the establish

ment of a creamery in the valley.

The chamber 'oi commeroe is in receipt of a i letter from Bliss Black, of

Bradentown, Fla., in which he says: "Your boot edition of The Herald re

ceived and I note what it has to say regarding posgibilities for a creamery

near EI Paso." j

He requests additional figures regarding markets, number of cows in the

valley and other general information and concludes with the statement that

he ib now closing out his interests in Florida and will soon be coming to

Ei Paso. b

Because Kelly Lost, An Arizona

ELECTION BETS BARRED IN

WILSOHWILL

DEf T SENATE

"Washington. D. C, Feb. 25. Presi

dent Wilson met rumblings of a senate

fight on his nominations for the new

federal trade commission today by the

announcement that he intended to

stand Uy them.

W. H. Parry, of Seattle, Wash., the

president said, had been appointed as

a Republican. Parry hitherto had been

describe! as a Progressive Republican.

The nominations' today were referred

for consideration to a senate subcom

mittee composed of senators-. Pomar

ene, Robinson, Saulsbury, Townsend

and La Follette. ,

supreme court upholding the with

drawal order "by which former president

Ta,ft reserved valuable oil lands from

emry in Wyoming and California, will

affect a half dozen suits involving many

million dollars" worth of oil land in

Kern county, California, which are now

on file in the United States district

court here. Fifty thousand acres in all

are affected by the decision, but it

does not concern the series of suits in

stituted to oust the Southern Pacific

railroad from lands entered upon by

that corporation.

Midwest Company Case Decided.

The case decided today by the su

preme court was that of the United

States government against the Midwest

Oil company and others in Idaho and

Wyoming. As this case involved all

the points and principles presented in

the cases here, it was made a test

President Taft defined certain areas'

and withdrew them from entry in Sep-

iSh.llS!r-SS. "t C

authorizing such withdrawals in June.

iu, Dut between the first named date

and the passage of the enabling act

numerous corporations nd individuals

nfered elalura la titt .effected axe.

PRESIDENT OF HAITI

ABDICATES AND LEAVES

Washington, D. C. Feb. 23. Davilmar

Theodore has abdicated as president of

Haiti and taken refuge on the Dutch

steamer Frederick Hendrik, at Port Au

Prince. The steamer will proceed to

Curacao.

Local officials have taken charge of

the capital awaiting Gen. Guillaume,

leader of tbe revolutionist army, which

is outside the city.

Theodore's abdication is taken to

forecast a 'better condition bf Haitien

affairs in which the United States will

can'y out Its purpose to send a com

mission to the republic In an effort to

make its financial condition satisfac

tory to foreign creditors and restore

order.

CONGRESS IS DEBATING

ARMY BILL PROVISIONS

Washington, D. C, Feb. 23. Congress

devoted Its attention again today to

consideration of appropriations for na

tional defence. Debate on the army

bill, carrying about $103,000,000, was

continued when the senate met today.

In the house consideration of the

fortifications bill was continued.

NORWEGIAN SHIP REGIN

IS BLOWN UP; CREW SAVED

London, Eng., Feb. 23. The Norwe

gian steamer Regin was sunk off Do

ver this morning by either a subma

rine or a mine. The crew of 22 was

saved.

CAPT. MITCHELL EXPLAINS

REMARKS; IJTCIDEXT CLOSED

Washington, D. C, Febv 23. Capt.

Wm. Mitchell, of the army general

staff, who recently said an enemy

could take and hold the American sea

board, has explained to secretary Gar

rison's satisfaction that he was speak

ing at a private meeting, thought his

remarks were privileged and had no

idea they would be published. Mr.

Garrison said today the Incident was

closed.

TIER DAY i:Y CONGRESS.

Washinton, D. C, Feb. 23.

The day In congress:

Senate.

Debate resumed on army bill.

Interstate commerce commit

tee began work on nominations

for federal trade commission. '

Conference committee on ad

ministration ship bill called to

meft tonight.

House.

Debate continued on fortifica

tion bill.

Judge Dayton continued under

cross examination before judici

ary committee.

o

-

GOVEHM SIGNS

ELECT!

TIE BILL

New Law Provides Penal

ties of $100 to $1000 and

Imprisonment.

RACING MEASURE

'PASSES SENATE

Legalizes Belling on Races

' and Gives Percentage of

, Bets to Stale.

A'

USTIN, Tex., Feb. 21. A bill mak

ing betting on elections illegal

in Texas was sisrned hv finv

James E. Ferguson today. Its penalties

are fines of Sloa to J1000 and jail sen

tences. A horse racing bill providing for

horse racing in Texas under the pari

mutuel betting system was passed in

the state senate and will go before the

house. Under the terms of the bill, 5

percent of all wagers placed shall go

to the state to be used to encourage

the breeding of fine horses In the state.

Snffrnue BUI Is Special Order.

'lhe Burmeister woman suffrage

resolution has been set

I ?T 'T. " aernoon

s a special

Mr. Reeves

has announced that his land rent bill

win tiKely come up today. Both meas

ures are about as important and well

advertised aa anv that have Jwon mn.

:tfveiM&s&i

in-uniwts tw oe an interesting ocexsten

for spectators in the' galleries.

Fight Subsides.

The fight between the university of

xexas men ana the Agricultural and

Mechanical college men has subsided

and fellowship between them Is grow

ing very fast. The A. & M. men won

the day in the house committees when

they got reported favorably the

Sackett resolution providing for separ

ation of the two institutions and the

placing of each under a separate

board of control. Representatives Bur

meister and Caldwell served minority

reports on the resolution and Dwight

Lewelling was appointed to make the

full majority report.

' Has MiRht Chance.

As the session advances In its course,

the chances for the passage of the "one

board" bill for the university and the

A. and M. college and other institu

tions, grow less favorable. The oppo

sition to this plan which is favored by

governor Ferguson, is increasing daily.

The lawmakers are not taking

kindly to the plan. In fact, it may be

said that even the proposed divorce

ment resolution is losing ground and

from present indications the chances

for the adoption of this resolution at

the present session of the legislature,

are diminishing.

Berlin, Germany, Feb. 23. The Amer

ican steamer Carib has gone to the bot

tom off the German coast In the North

sea as a result of running upon a mine,

which exploded.

At the time of the disaster to the

Carib, the vessel was not using the

route laid down In the German marine

instructions.

This is the second American ship to

perish by mines in the North sea. The

first, the Evelyn, was blown up and

sunk last Friday.

MEEKER CAN RECOVER

$110,000, COURT RULES

Washington, D. C, Feb. 23. The

Hepburn rate law was Interpreted by"

the supreme court as authorizing the

Interstate commerce commission to

award damages to shippers for unfair

rates and discriminations, no matter

at what date arising, provided1 claims

were filed before August 28, 1907,

which, the court held, was the date the

act went 'into effect.

The court held that Henry A. Meeker,

a New Xork coal dealer, was entitled to

$116,000 damages from the Lehigh Val

ley railroad for claims dating back to

1900. Thousands of other claims were

filed within the first year after the

rate law went into effect. In the

Meeker case, the railroad sought to

limit recovery to two years before the

passage of the act. ,

COMMISSION CAN'T INSPECT

RAILWAY'S CORRESPONDENCE

Washington, D. C, Feb. 23. The su

preme court held today that the inter

state commerce commission has no au

thority to Inspect correspondence of

the railways. It sustained the order

of the district court of Kentucky in

refusing! to compel the Louisville &

Nashville railway to permit commission

examiners to Inspect Its files.

THREE ROB FLORIDA BANKi

SECURE $4000 AND ESCAPE

Stuart, Fla,, Feb. 23. Three men en

tered the Bank of Stuart early today,

held up the cashier and, secured ap

proximately $4000. Two posses now are

In pursuit of the bandits.

I , .

IT

AMERICAN SHIP '

CUB IS SUNK

GERMANY TO STARVE OUT ENGLAND

.' . 'Ate -'-. - ; -

1 User : ,v .' -?.:-.. ' ' '"'.': '. - '.A J, - i:il

Eft " - - !' - ? - . "- . - , ' (& . . . ti

Berlin, Germany, Feb.- 23. The photograph shows an Unterseeboot tme of the deadly submarines with which the

kaiser hopes to make good his blockade of the British Isles. Eough of these vessels can sink any merchantmen attempting

to enter English ports and also torpedo any dreadnaugiits which may attempt to pursue them.

HOSTILE PIITES

EC

Fighting Indians Fortify

Themselves; Ammunition

for Marshal.

Salt Lake, Utah. Step. M. A special

dispatch to hie Bert UVarthlg News

front Bluff today reports that" Te-e ,

Gat's hostile Piute Indians, driven from

Cottonwood gulch at the edge of the

town, have received reinforcements and

have fortified themselves., in Butler

Wash, eight miles west of Bluff. The

posse is organizing in the town to ad

vance on the Indians' position. Indian

guides have been obtained to assist the

posse in its future movements.

The News correspondent gives the list

af casualties among the Indians as five,

including one warrior, one squaw and

three papooses.

The warrior and two children were

killed in the first encounter and the

squaw and the other child were

drowned when attempting to ford the

San Juan river. in the first day's re

treat.

Known casualties among the whites

consist of J. C. Alken, killed, and Jose

Cordova wounded.

Five members of the posse who be

came isolated from the ntherss rntiirnnrt

safely Monday night, according to this I

uievHige. jiarsnai xMeDeKer nas just

sent for 5000 additional rounds 'of am

munition. A telephone message received from

Bluff at 11:30 a. m. says Indian agent

Jenkins has wired Washington as fol

lows: "Situation here still serious. Citizens

much alarmed and want the government

to take decisive action. Marshal Ne

beker very properly insists that war

rant be served. Indians holding in

hills. I am endeavoring to get in touch

with the friendly element among the

Indians to have them assist In efforts

to affect peaceable arrest of Hatch, or

Tse-ne-Gat."

Chiefs Saved Woman's Life.

Afr TT T Tlolla.. C....1 T M...

a? early Ca-y resident in the vicinity

i uiuu, owes ner me to POIK and

Posey, the two chiefs now leading the

hostiles. Mrs. Dalley, then Mrs. A. M.

Barton, says that In 1SS7 two Navajo

Indians came to the trading post her

husband conducted and engaged in a

quarrel with him. One of the Indians

was killed and Barton received a

wound from .which he died a week

later. ;The surviving Navajo was rush

ing to attack Mrs. Dalley. when oln"

and "Posey" came upon the scene and

drove him off.

The Navajo left for" reinforcements,

but before he returned with other Na

vajoes the Plutes had spread the alarm

and had gathered a sufficient force of

their own tribesmen and white men to

defend the place. Tse-Ne-Gat, the out

law whose escape caused the present

trouble, was a little boy at the time

and assisted "Polk," his father, to

nurse Barton until his death. Barton's

bjdy was taken to Bluff for burial and

the store was left in care of the Piute

Indian for several days. Mrs. Dalley

says she found everything Intact on

her return.

EVELYN'S CAPTAIN AVOIDED

SAFE COURSE, SAYS WILSON

Washington, D. C, Feb. 23. Presi

dent Wilson views the sinking of the

American steamer Evelyn in the North

sea as a tragic incident, he told callers

today, but he has been officially in

formed that the captain was not fol

lowing a safe course laid out for him.

The president Indicated that he has

not yet determined whether replies

will be sent to the recent Inotes from

Germany and Great Britain on the war

zone and the use of the American flag.

He said, however, there Was nothing

in the German or English notes which

woujd cause the United States to

change its position. He lndlcaetd the

entire subject still was under consider

ation. Government officials awaited with

some anxiety word as to the fate of

13 of the crew of tho Evelyn, blown

up off the German coast, who were

reported to have rowed for the Holland

coast after the vessel sank.

Man Stops

ME REIN

asssuMmi&.aqsasaigs

s

The War At a Glance

ANOTHER vessel was sunk to

day in Germany's naval war

zone. A Norwegian steamer

was sent to the hottomin the Eng

lish channel, either by a submarine

or a mine.

RUSSIAN REVERSES REPORTED

Heavy losses were sustained by

the Austrians in the recent fighting,

says the Russian general staff,

claiming 'several -victoriep in Galiria.

In. northern Poland, ''its, said, a; siic-i ,

- cesfu'Tsfand has Ibsen made against"

the' Germans. Offftfal communica

tions from Berlin and Vienna, how

ever, fell of Russian reverses and

heavy losses. ,

REIMS AGAIN DAMAGEBi-

The famous cathedral at Reims,

which was damaged early in the

war, has suffered further serious in

jury, the French war office an

nounced today. The Germans are

charged with having made a special

target of the cathedral during a vio

lent bombardment of the city, and'

it is said that the interior of the

vaulted roof gave way.

The Berlin communication reports

further progress in the Vosges,

where the Germans have been tak

ing town after town during the last

week. The capture of another town

near Muelhbach is announced today.

Germany Fails To Pay

For Her Imprisoned Men

WASHINGTON, D. C., Feb.

23 The entente allies have

made representations to

the United States that Germany Is

not meeting: the cost of care of her

prisoners or irnr In their camps

and have asked tbe United States,

as caring for the diplomatic inter

ests of all the- warrlnji powers, to

make representations to Berlin,

whereby sufficient funds mar be

I forwarded.

GERMAN IMPERIAL FAMILY

DINES STILL MORE SIMPLY

Berlin, Germany, Feb. 23. "To live

like a king," is a phrase that no longer

signifies In Prussia enviable table lux

uries. Although the emperor and empress

have always eaten simply in compari

son with many wealthy Germans, the

war has made the bill of fare at court

still simpler.

As early as November the socjilled

"K Bread," rye bread with an admix

ture of potatoes, was introduced at

court. Since then It has been used

daily.

An egg, some warmed up rolls and

tea or coffee form the breakfast of

the empress. At 1 oclock in the after

noon there Is soup and a fish or vege

table course. The evening meal con

tains one meat and generally one vege

table. Often only cold meat and po

tato salad are served. This menu is

but slightly altered when the emperor

returns from headquarters, where his

fare is of spartan simplicity.

SPAIN TO BUY 12 ARMY

AEROPLANES IN AMERICA

Now York, Feb. 23. Spain has au

thorized the purchase in America' of 12

army aeroplanes and tools and machin- j

ery to uie vaiue oi over $z,uvu,uuu, ac

cording to Henry S. Moos, a Spanish

engineer, who arrived tocay.

"While Spain is not preparing: for

war, she is strengthening her defences

generally," he said.

CABINET CONSIDERS GERMANY'S

CHARGES ABOUT SUBMARINES

Washington, D. C, Feb. 23. The

charge "by Germany and Austria that

submarines are being manufactured In

the United States for Great Britain was

discussed today at the cabinet meeting, T

out witnout action, because secretary

Daniels had not finished his investiga-

tlon.

The Herald; What's the Answer?

TEXAS

ZEPPELIN KILLS

FIVE IN CALAIS'

German Airship Drops

Bombs on French Town;

Escapes Over the Sea.

, Calais, France. vJa. ParifcPeV. 23.

A aeppelin tnJifcrjr itllibarde4

,&OaJ,fcdi.aaaaiaiy:ae driven

Vy pilots thoroughly famttffrt- witK fo

vfelnity, for it came from the sea H

rectly, to FontenrStte, crossing the city

at its greatest width. It flew at a

height of about 1000 feet.

The first bomb fell when the Zeppe

lin was above the point where the rail-

I road tracks intersect It went through

the foot bridge and struck the track

leading to Dunkirk. The airship rose

somewhat higher in the air and dropped

five .tombs in rapid succession. All

fell in the vicinity of the railroad.

One burst in the court yard of houses I

close to the railroad crossing, demol

ishing a shed and breaking windows.

The occupants of the houses, awakened

by the explosion, escaped without in

jury. Only a Baby Escapes.

f.. , i i ..,, , it , .

1vuir mnuua xeu in uie ganien ana

on the roof of a little house in the

Rue Doenlen. An old man and n. little

j girl asleep in the garret and the fam

ily which occupied the cottage on the

ground floor, consisting of the father,

mother and two children, were buried

in the ruins: All were killed except

one child, a baby fite months old,

which was taken uninjured from the

twisted mass of brick and plaster.

The front of the house was cut oft

as cleanly as though It had been done

by a gigantic knife. The explosion

shook the neighboring houses and

broke all the windows within a wide

radius.

Af er dropping the bombs the Zep

pelin disappeared rapidly over the sea.

A long German pennant attached to

a sack containing sand was found on

the roof of a house near, ohe of those

demolished and handed over to the mil-

itary governor.

Iu & Class By Itself -

The Cattlemen Edition

Like all special editions gotten out by The Herald, the Cattlemen's edition

which will be issued from the press on Saturday, February 27, will be what

it purports to be, viz.: a complete compendium of the history of the growth,

development and future possibilities of the cattle industry of the southwest,

which includes Arizona, New Mexico, Texas and Northern Mexico. The edi

tion will be well worth saving as a

WORK OF REFERENCE

By anyone interested in the livestock business, whether as a grower, feeder,

broker or whether, interested merely in the growth of the industry hich

has made of El Paso the great city it is.

MANY THOUSAND COPIES

of this great edition will be printed and distributed .throughout the territory

of which El Paso is the commercial center. It will be an advertising medium

par excellence and the advertiser who fails to be represented in its columns

will overlook the opportunity of a lifetime to reach a class of buyers with

money which can be reached in no other way.

Out Saturday, Feb. .27

Order Your Space

Line of Battle in Russian

Poland Is Formed Along

Three Rivers.

GERMANSAGAIN

BOMBARD REIMS

Three Hundred Shells Are

Thrown Into Town; 20

Civilians Are Killed.

LONQON, Eng., Feb. 23. Claiming

marked success in the Carpathians

and collapse of the Germans of

fensive in the north, which "never

emerged from its period of prepara

tions." Russian officers took an opti

mistic view today of the outlook along

the whole front, according to Petro

grad dispatches.

The German advance from east Prus

sia has been stopped largely by th

flooding 'of rivers and the melting or

snow, and the German attempt to ero?

the Bodr likewise has been thwarted

A new battlt line thus has been formeu

in the north along which there is unin

terrupted fighting.

Operations in the Carpathians are dc -veloping

rapidly and the Austrian right

flank jiow is threatened by the Russian

ot?nva movement. Near Krasno, the

BiyBt repulsed an Austrian division.

thus cheeking the movements of Aus-tm-German

forces attempting to con

centrate at Stanislau.

Fort Menaces Germans.

The situation in northern Poland,

however, is regarded as of greatest im

mediate importance- The position of

the Germans near Ossowetz is consid

ered critical, since they are under at

tack from the heavy guns of the

fortress and are unable to bring up ar

tillery, owing to the poor roads. A

stubborn fight on the road to Lomzi

was won by the Russians. The only

location in that general vicinity still In

dispute is Prsasngsz, 50. miles west of

Lomza. The Germans are said to have

gathered a large force there.

' Germans In Six Groups.

Alone the whole front the Germans

have been proceeding in six groups.

The first, in the direction of Eydkuh

nen; the second toward Grodno; the

third around Ossowets; the fourth m

the district of Lomza: the fifth In tne

direction of Przasnysz, and the sixtu

near Plonsk and Nowo Georgiewsk.

All these groups are -keeping close to

the railroads. Communication between

them Is by cavalry.

The Russians, now on a previous!.

prepared line, are believed able to stop

the German advance.

150O Austrian Captured.

Repulses of the Austrians and Ger

mans at several joints on the battle

front are claimed by the Russians in

an official communication issued Mon

day night. It is stated that in eastei -.

Galicia. southeast of Stanislau, two

brigades of Austrians were driven off

with a loss of 1500 prisoners, including

20 officers and several machine guns.

The communication follows in parf

"Fighting continues on the right

bank of the Bobr and the Narew, in

isolated engagements. An encoonte-

of secondary importance occurred near

(Continued on Pace 2, Co 4).

Tod

ay