SIGNS IN WASHINGTON OF A
DISPOSITION TO HEKI) AL
LIES’ PLEA FOR ACTION.
FOE MAY DRAFT RUSSIANS.
Fear Expressed That He May Raise
Troops There and Force Them to
Fight on the Western Front—Inter
vention Would Not Rouse Enmity
of Russian People.
WASHINGTON. July 6.—Events
in Russian territory have produced a
revival of interest in the situation, and
there are signs that the government is
giving attention to the dangers that
threaten to grow out of a policy of
permitting the Germans to conduct
their Russian policy unhindered.
The view of the administration is
that it would be unwise for the allied
nations to interfere in Russia, and of
ficials do not admit that this view, em
phasized by the United States in its
response to the allied suggestion that
charge of allied interests in eastern
Siberia as a check on the spread of
German influence and power, has
been modified. But it is now being
said that the Washington government
is showing indications that point to
a kindlier disposition toward the de
sire of the other allies to take some
measures that will afford material
help to both Russia and the allied
The supreme war council at Ver
sailles is credited with having review
ed suggestions for action in Russia,
and especially the possibilities of ren
dering aid in a military way through
Archangel and Kola, ports of Euro
pean Russia. There is criticism of the
suggestions along this line, for it is
felt by a considerable number of those
who have studied the situation that
military assistance through these
ports would be of merely local conse
quence and would not have any mate
rial effect upon the broader question
of saving Russia from German dom
ination. No concerted and effective
military movement, it is claimed,
would be possible through Archangel
and Kola .
One report has it that President
Wilson and the cabinet have discussed
conditions in European and Asiatic
Russia with a view to tffking some
action, but no confirmation of this
has been obtained.
Britain and France for Action.
Great Britain and France are
strongly for military action at once.
Japan, since this government offered
objections to her entering Siberia, has
occupied a neutral attitude, leaving it
to the determination of her allies as
to what course she should follow: but
has taken measures to protect her in
terests by entering into a defensive
alliance with China.
As the matter stands, nothing, ap
parently, has been done in the face of
indications that German influence and
military advances are placing Russia
under German control. In the opin
ion of many observers, including mil
itary experts, the war may be won or
lost in Russia, and there is considera
ble uneasiness over the understood
failure of this government to show
any interest in the suggestions for ac
tive efforts on the part of the allies
to save Russia from German domina
tion. If anything is to be done it
should be done now, in the opinion of
those who take this position. They
feel that if a concerted allied move
ment in Russia’s behalf does not come
soon it may be attempted too late.
Particular uneasiness has been caus
ed just at this time by information
received in Washington that German
prisoners in Siberia have been organ
ized as part of the Bolshevist army
and are participating in the campaign
against the Bolshevist movement. No
ionfirmation has come of the report
that General Semenoff, the Cossack
commander, has been defeated by Bol
shevist troops, but it is regarded as
probable that Semenoff has met with
reverses from former German and
Austrian prisoners of war taking part
in the Bolshevist campaign.
Whether the growing agitation in
favor of active measures to save Rus
sia from Germany has in any way in
fluenced tiie Washington government
has not been disclosed. What is now
feared is that when Germany needs
more men she will conscript former
Russian soldiers and compel them tc
fight against the allies.
(Juneau Dispatch)
The members of the Council of Na
tional Defence who went to Fort Sew
ard to investigate rumors of unsatis
factory conditions there have submit
ted the following report to the coun
cil, branding such rumors as false am
savoring of pro-German origin:
To the Juneau (Territorial) Counci:
of the Council of National Defense
Your committee, appointed to reporl
on the conditions prevalent among the
drafted and enlisted men of the na
tional army of the United States now
stationed at Fort Seward, has made
a careful investigation thereof, am
unanimously finds as follows:
(1) In regard to allegations of pool
and insufficient food being served ir
the men’s mess:
Personal investigations into this al
legation by two individuals of the
committee have conclusively proveti
that it is utterly unfounded.
The kitchen and mess hall were
inspected and found to be kept spot
lessly clean; the food furnished is of
pvi-p'lpnt niinlifv and nlentifnl mian
tity.
The testimony of the men draftee
from Juneau was unanimous to the ef
fect that no complaint was justifies
on this point.
(2) In regard to alleged harst
treatment of the men by their offi
cers:
No evidence was obtained by am
member of your committee tending ii
I any way to bear out this allegation.
On the contrary, all of the mer
' spoke most highly of the kindness ant
consideration of Major Jones and hi:
subordinates; and of the officer:
were equally complimentary in theii
' remarks about both the physical con
dition and willingness of the draftee
men.
In conclusion, your committee feel
it proper to assert that the allegation:
such as are set forth above savor t(
them very strongly of pro-Germar
: propaganda, maliciously false in theii
conception and wilfully circulated foi
the express purpose of discouraging
enlistment. Their authors and repeat
ers should be reported promptly tc
the proper authorities.
JOHN RECK,
A. B. COLE.
H. P. CROW THER,
Chairman.
MAYOR MITCHELL
MEETS TRAGIC END
LAKE CHARLES, La., July 6.
John Purroy Mitchell, former mayoi
of New York, and a major in the
aviation service of the United State;
army, was instantly killed yesterday
j on the Gerster aviation field, fourteer
miles from Lake Charles, when i
scout machines in which he was flying
j collapsed and fell to the ground.
EXPRESS MEN TO
GET MORE WAGES
NEW YORK, July 6.—Presideni
George Taller, of the American Rail
way and Express company, announcec
today that the express company em
ployes would receive a wage increase
dating from July 1.
HILL ELECTED PRESIDENT.
ST. PAUL. July 6.—Louis Hill was
elected president of the Great North
ern Railway company, at a meeting
of the board of directors yesterday.
j JUDGE HOLDS THAT NEWSPAPER
j MUST DISCONTINUE CRIT
ICISM IF SUIT FILED.
APPEAL TO HIGHER COURT.
Matter on Which Judge’s Action Was j
Bassed Related to Criticism of His
Non-Official Acts in Disbarment
Proceeding and Followed Upon a
Libel Suit.
There will come before the supreme']
I court of New Mexico at Santa Fe next
j Tuesday an appeal from a decision of
contempt of court which is expected to
develop a principle of the utmost im
portance to the freedom of the press.
Under the decision against which ap
peal is being made, a paper which is
conducting a campaign against polit
ical or other conniption could be com
: pelled to abandon such a campaign
| upon the filing of a libel suit based
I upon any phase of it; since under the
| ruling such a suit, even if no action
were ever taken after the mere filing,
would constitue a pending legal action
upon which any reference to the gen
eral situation might be construed as
comment.
The finding in question was made on
Sept. 10 last, when Judge Merritt C.
Mechem of the seventh judicial dis
trict of New Mexico sentenced E.
Dana Johnson, editor of The Santa Fe
New Mexican, to thirty days in jail.
At the same time the New Mexican
Printinp- mm nan v. owner and nuhlish
er of the paper, was found guilty of
contempt, but was not sentenced; and
the judge refused to try the case
against Colonel Bronson M. Cutting,
president of the company, although
his counsel asked for immediate trial.
The matter on which Judge
Mecham’s decision was based related
to criticism of his non-official acts in
connection with a disbarment proceed
ing and following upon a libel suit
against The New Mexican. The at
tempt of Judge E. R. Wright, counsel
for the defense, to present an answer
denying intent to discredit the couit
or influence the course of justice was
met by Judge Mechem with a sugges
tion that this should be withdrawn,
and when counsel refused to do so
Judge Mechem fined him $50 for con
tempt of court in presenting this as
his defense, saying: “I will rule in this
' case so that there wont’ be any mis
' understanding that what htey believ
ed, what they thought, what they con
sidered the truth to be is not a de
fense.”
More closely touching the question
: of freedom of the press, however, is
: the ground for the court’s ruling that
! the publication of the article referred
! to might influence the course of jus
j tice in a pending legal action. As
| outlined by Herbert D. Mason, counsel
j for Colonel Cutting, the situation was
as follows:
Criminal and Civil Actions.
For some time previous to the pub
lication of the article which Judge
Mechem regarded as contemptuous,!
late in March, 1917, The New Mexican
had been conducting a campaign
against H. C. Bursum, a powerful
political' leader in the state, with
whom Judge Mechem had been asso
ciated in business and politcs. In the ;
course of one of its articles it made
incidental refemce to an incident in
the past career of Henry Dreyfus, one
of Bursum’s lieutenants, which was
made the ground for indictments for
criminal libel against the New Mexi- \
can Printing company, Colonel Cut- J
ting and Mr. Johnson. At the same:
time Dreyfus filed a civil suit against,
the paper.
The cases were all transferred from |
Socorro county to Valencia county on I
Feb. 28, 1917, and nothing has since j
been done with regard to the criminal j
cases. The civil suit was tried and re
sulted in a verdict against the com
pany. Mr. Mason alleges that even in
Valencia county Bursum’s politeal in
fluence was almost omnipotent, and
Judge Mechem himself later cut the
damages from $35,000 to $10,000 on
the ground that passion and prejudice
had entered into the verdict.
In the course of this trial Colonel
Cutting his sister, Mrs. Cabot Ward,
and two other persons present in the
courtroom told Judge Mechern that
they had seen the defendant’s attor
ney, M. C. Spicer, signaling to the
plaintiff indicating the answers he
was to make during cross-examina
tion. The matter was called to the at
tention of Judge Mechern, who, ac
cording to Mr. Mason, said that he had
been looking at the plaintiff and had
not no'iced what the counsel was do
ing. Judge Mechern persuaded the
attorneys for the defense to give up
their demand to have the matter
thrashed out then and there, promis
ing future action, which he kept post
poning. Finally he suggested that the
matter should be brought before the
state board of bar examiners. Petition
for Spicer’s disbarment was accord
ingly filed, but refused; largely, it ap
peared, on the ground of a statement
in his defense by Judge Mechern—a
statement in the form of an affidavit,
though, as alleged, made before an of
ficial not competent to take affidavits
under the state law.
Acts of Judge Not Criticised.
This statement of Judge Mechem’s
exonerated Spicer in guarded lan
guage, which contradicted the judge’s
private statements to Colonel Cutting
and Mrs. Ward, and also contradicted
other observations upon Spicer’s char
acter which he had made to them.
Thereupon The New Mexican publish
ed the entire story, with express de
claration that its opinion regarding
Judge Mecham and his political rela
tions was limited to its view of his act
as a private citizen in making state
ment in the Spicer case, and not to
his acts as a judge.
Thereupon Judge Mechern referred
the question as to whether this consti
tuted contempt of court to three men
whom he selected as amici curiae.
They presented a report that it was
a case of contempt of court, and the
cases against the editor and company
were brought to trial.
The allegation of the court was that
the fact that the indictments for crim
inal libel had been brought in the
Dreyfus case, although these indict
ments had been presented eight
months before and no action except
the change of venue, which took place
immediately, had since occurred, made
the publication relate to a pending
case. Despite the allegations of coun
sel for the defense that there was no
intent to reflect upon the judge as
such, that the statements were true,
tha they were a proper response to
his statements made in his private ca
pacity impeaching the veracity of
Colonel Cutting and Mrs. Ward, and
that his remedy in such a case lay in
action for libel—all of which argu
ments, supported by authorities and
with no authorities cited by the dis
trict attorney against them, resulted
in the fining of defendant’s counsel
for contempt—despite all this, the
editor was sentenced to prison.
“It has repeatedly been held,” says
Mr. Mason, “that pendency within the
meaning of the law of contempt
means that here is some matter under
submission to or consideration by the
court at the time of publication com
plained of. The civil libel case was
terminated by the jury’s verdict, with
no motion filed for new trial. The
criminal indictments have never been
tried.
“Under the holding of the court a
newspaper which has been conducting
a campaign against vice or corrup
tion must discontinue its criticism as
soon as a suit is filed, either well or
ill founded, based upon the charges
made in the course of the newspaper
campaign. This means an absolute gag
of the press if the rule is to be sus
tained, for all that any one would
have to do in order to stop such a
newspaper campaign would be to file
a libel suit, after which there would
be a pending case which would pre
vent further newspaper comment.”
VETERANSKIPPER
PASSES BEYOND
VICTORIA, B. C., July 6.—Captain
Harry Parsons, a veteran mariner of
the Pacific coast, who was long in the
sealing trade in Alaskan waters, died
here last night, at an advanced age.
FRANK iODS
REPUBLICANS NOT LIKELY TO
RETAIN DEFEATED IOWAN
AS PARTY MANAGER.
LONGWORTH MAY GET THE JOB
Congressman from Ohio, Who Is Son
in-Law of Colonel Roosevelt, Fav
ored As Successor to Woods—Na
tional Chairman Hays and Senator
Johnson Confer.
WASHINGTON, July 3.—Repre
sentative Frank H. Woods of Iowa, I
chairman of the Republican national ;
congressional committee, who was de-'
feated for renomination because of his I
war record, probably will be replaced j
as the campaign manager of the re
publican party in the congressional
election. Those who have talked with
Will H. Hays, chairman of the repub
lican national committee, believe that
Woods’ retirement is necessary. Rep
resentative Nicholas Longworth, of
Ohio, is being discussed as the prob
able successor of Mr. Woods.
Woods voted aganist war, support
ed the McLemore resolution, and was
against the selective draft.
The presence of Mr. Hays in Wash
ington was the occasion for import
ant conferences among republican
leaders. He convinced the party lead
ers that -he republicans should as
sume an aggressive attitude not only
in the conduct of the war, but in leg
; islation. He told them the.t the coun
try was ready for more determined
[ conduct of the war and would look
with favor upon a campaign waged by
the republicans upon such a platform.
In many sections of the country, es
pecially in the middle west and coast
states, Mr. Hays said, there was dis
! satisfaction over delays in war prepa
rations. He gave it as his opinion
; that the country would not permit a
j criticism which was not constructive.
In conformance with such a policy, in
stead of attempting to hinder in any
way, the republicans intend in the re
maining days of this session to force
action of public interest. Their first
attempt in this direction will be to
demand action in the senate upon the
woman suffrage resolution to amend
the constitution.
Mr. Hays has had several confer
ences with senate republicans. The
conferences were described today by a
leading republican senator as “hai
mony meetings, and reports of prog
ress.”
Johnson Meets Hays.
The presence of Senator Johnson of
California, a progressive leader, at a
i conference with Mr. Hays today in the
office of Senator Gallinger, was con
sidered significant. Senator Johnson
told Mr. Hays, it was said afterward,
| that republicans of all factions in Cal
ifornia were united. The California
senator expressed the belief that his
state would send a complete republi
can delegation to the house. There is
no senatorial contest in California this
year.
Senator Curtis of Kansas, republi
can whip of the senate, said today that
reparts from practically all the mid
dle western and western states show
ed a rapid amalgamation of all wings
of the republican party for a deter
mined campaign. In Nevada, Mon
tana and Idaho, Mr. Curtis said,
chances looked bright for republican
success.
Mr. Hays came to the capital fresh
from a tour of the west. He met sen
ators in small groups and obtained
from them the fullest reports of con
ditions in their home states. He left
Washington today.
Afraid to Take the Reins.
It developed today that a consider
able number of republican leaders
have been steadily opposing a cam
paign this fall to gain control of eith
er house or senate. They took the
ground that if the republicans sought
and obtained a majority in either
house they would be forced to accept
a large share of responsibility for
the way the war was conducted, in
asmuch as they would practically die
tate what laws should pass and in
what form. They would control com
mittees where all bills are whipped in
shape, and would therefore be in a
position to share with the president
the entire responsibility for formula
tion of policies. 11
This, the opponents of a vigorous
campaign stated, would rob the repub
licans of their effectiveness as the
party of criticism. In the latter role,
these men thought, the party would
continue to wield a powerful influence
upon legislation and the conduct of
the war.
The matter has been debated with
great vigor for some time. The ad
vocates of a vigorous campaign, how
ever, insisted that the party ought to
welcome responsibility, in view of the
criticisms its members had made, and
for that reason insisted on trying to
sweep the democrats from control in
both house and senate. Their view
prevailed, as they are strongly in the
majority.
Senator Gallinger charged that
President Wilson was trying, by
means of the Underwood resolution, to
gag the senate. &
“The administration is trying to
make the senate stop talking, said
Senator Gallinger. “It is not to be
wondered at, of course. But this res
olution would simply act as a gag on
the senate, if adopted.”
ACT AS FOOD
OFFICE HEAD
* 4
(Juneau Dispatch)
L. L. Harding will be the acting
federal food administrator for the ter
ritory of Alaska until such time as the
matter of a successor of the late
Judge Royal A. Gunnison is determin
ed by the United States food admin
istration at Washington.
Telegraphic advices and instruc
tions were received yesterday by the
former to this effect.
Since the creation of the federal
food administration in Alaska, over
six months ago, Mr. Harding has
been the executive secretary and as
sistant to the late federal food admin
istrator as well as the educational di
rector in handling the important di
vision of publicity of that nation-wide
war organization which is to play so
important a part in winning the great
; struggle. Chiefly through his efforts
| was the central office at Juneau es
tablished, systems installed, a terri
torial organization effected and a
| program of publicity with reference
! to the conservation of essential foods
: during the war inaugurated.
The newly designated acting fed
| eral food administrator has been a
i resident of Alaska over seven years,
having been detailed to the territory
in 1911 from San Francisco, where he
was engaged in special investigations
in the internal revenue branch of the
government, to place in operation a
system for the suppression of the un
lawful traffic in intoxicating liquors
among the natives, provision for jp
which was made by congress. The ef
ficient work performed in this capaci
ty for a period of two years, during
which time a large number of offend
ers were apprehended, prosecuted and
convicted, is well remembered by the
residents of southeastern Alaska at
that time. Every term of court the
calendar was crowded with this kind
of cases.
Mr. Harding has been in the service
of the government for 22 years. He
resides in Juneau with his mother, in
which town he has maintained a resi
dence since coming to Alaska.
The Dispatch has received several
telephone calls urging the selection of
B. M. Behrends as food administrator
of the territory. ^
R. P. FERGUSON MARRIED.
(Valdez Miner.)
R. P. Ferguson, formerly a member
of the firm of Dougherty & Fergu
son, of this city, who resides at pres
ent in Donophan, Mo., writes to ^
friends here that he has married
again and at present is engaged in
the grocery- business in the above
town.