The Omaha Daily Bee. EST A H L I SI I ED J U K J3 (XMAIIA, TI.rUSD.AY !MOIlXrNG, MAT 17, lOOO-TWEIVE PAGES. SINGLE COPY FIVE CENTS. 15), 1871. HOPE FOR HAFEKIKC Britith Pnbllo Kiinly ExoieUnt of An nonnciment of ItaSoccor. BOERS REPORT RELIEF COLUMN DEFEAT Official Bnlhtln at Prstorla that British 8niUinid Great Less. ANOTHER STORY OF FIGHT NEAR THE TOWN Unconfirmed English Tlerm of Eattlt Thirty-Three Miles from There. STORY TOLD IN bISPATCH FROM ROBERTS Irm1irr of n II rM I n ti KooiKIiib I'nrly I 'I'll n w Altm-krd .onr K riionxlnil Sliirr Tolil In DIhimiIi-Ii ' from Itohrrtn. LONDON, May 17.-3:20 a. m The Drlt !ih relief column foight tht Dor at Kraal pan, thirty-two miles south of Mnfi fclng, on Tuesday, according to n telegram received Wednesday night at Lourcnzo Mar quez from Molopo, 100 miles north of Matc hing. This Intelligence Is accepted here with nornn reserve, becauso It In dllllcult to under- tand bow tho new could havo been ho quickly put on the wire from n place 132 miles from the scone of the engagement. A correspondent of the Morning Post, pie Bumnbly John Stuart, Is reported captured toy tho Iloers at Kraal pan. Tho Drltlsh public Is keenly expectant of tho announcement that Mnfcklng has been relieved. In army circles the opinion seems to prevail that this has already been ac complished, although two hours after mid night the War ofllco asserted that no news of relief had beun received. Tho steadfast rourngc of tho hungry garrison has pro duced a deep Impression and tho news of ruccor Is awaited with more anxiety than has been felt regarding any other event of tho war. Douglas Story, the Dally Mall's Correspondent at Pretoria, wires: lVvrrlsh Activity nt Prctnrln. "Tho Doer government In holding back J;omo big news. Feverish activity prevails here. 1'rrsldent Kruger Is working day and night. Tho latest Ilocr official bulletin is that tho relief column has been defeated with great lots," Lord Iloberts continues passlvo at Kroon Ftnd. .111b cavalry aro stretching llko a seml-clrclo screen many mllej In length, with outlnpplng flanks. Tho railway will probably bo completed today. The Kroonstnd censor permits tho paswago of long dis patches dealing with Incidents prior to the occupation. It seems that General French's cavalry had ftno lively fight after creasing the Zand river. !A mixed oqundron composed of Scots Grays, tho Innlskllllngs, Carbineers and Australian Horse, took a kopje and dismounted. Tho (Doom nuddonly fired from a concealed peti tion killing many horses and stampeding tho fcsl. The Doers then advanced in over whelming numbers and drove the squadron way, rapturing some.- Tho neons robned tho dead and looted the paddles. A small detachment of cnvulry later drove them off. 1'urthcr north tho Hussars charged tho Iloers, killing nnd wounding many stragglers iWlth nabers nnd pistols. Lord Roberts Infantry marched 120 miles In seven days. General French marched thirty miles In ono day. The Iloers, when retiring, dragged thirty-two guns through Kroonstad. Duller In I'n-OperntlnK. General Duller Is moving toward New castle. He appears to be using 25.000 men iigalnst D.000 or 6,000. His operations will nlmost certainly result In his forcing hla iwny Into tho Transvaal, possibly In tlmo to co-operato with Lord Roberts' advance, nlthough General Duller Is now 252 miles from Johannesburg, or twenty-flvci days' march. A Dano who was captured by tho South "African homo says there aro GOO Frcnchinou, with tho Doers opposing General Duller, to gethcr with many German and other for rlgncrs. Tho Lnlysmlth correspondent of the Dally Telegraph says only ono Doer was shot In the movement which reunited In tho tak ing of Hplpmakaar. Tho Wur ofllce has pouted the following dispatch from General Duller, dated Dun flee, .May 16: "Wo occupied Olencoe yesterday. The Transvaalers havo now evacuated Dlggars lierg. Tho Free Stoters on thn Droketi lierg aro much roducod In numbers. Tho v Carolina, Lydenburg nnd tho 1'retorla com mnndos trekked north from Hlatlkulu on tho 13lh and Hth of May. Eleven guns rwero entrained at Glenroe. The last train, with ambulance, left there at dawn, May 15. This result has been largely produced by tho nctlon of tho Fifth division, which, during the last few days, has done n great deal of Tery hard work marching, mountain climb ing and road making. "Trnlnc aro now running to Weasel's nek Station." Flrr from I'mtrr White Finn. Tho War ofllco posts the following dis patch from Lord Roberts, under date of Kroonstnd, May 15: "Two officers and six men of Prince Al fred's Guards, while out foraging yesterday r few miles from Kroonstnd, visited a farm flying a white flag, tho owner of which sur rendered himself, with nrms and ammuni tion. They then approached another farm, also flying a white flag. When within forty yard of tho enclosure they wcro fired upon by fifteen or sixteen Iloers con cealed behind tho farm well. Two of the men wero killed. Lieutenant F. D. Walton has wounded, and Lieutenant W. D. Evcr ton nnd two noncommissioned olllccrn were taken prisoners. "The owner of the farm slates that tho Iloers threatened to shoot him when ho protested against their making Improper uso cf tho whlto Hag." General Rundle Is sweeping through tho northeast part of the Free State. Somo of tho Doors are surrendering. Their main force Is assembled between Fickshurg and "Winburg. but It is without close organiza tion. Today's Installment of tho war story from every part of the field is thereforo seemingly a narrailvo of DrltlBh success, hut with tho Doers preparing for a Inst desperate fling farther In the Interior, and with Doer guerrilla parties looting houses nnd stores In the northwest section of Capo Colony. It is not all roses for the Drilled. Tho Uplngton district is the locality in whlc'i tho guerrilla tactics of the Doers are Just now in evidence. The postponed congrrss of the Afrikander liund has been called to meet at Paarlo June 15. A Canadian battery of fifteen pounders arrived at Delra, Fast Africa, May 10. Tho Dally Graphic, which refers to the Jloer mission to tho United States as n "by-product of the war," says: "Thero Is no numo of Importance among i . (Continued on Second rase) io 1iTnn rum iti rnr rin r o io mioncncn in inc. ricLur lli-llrf In London tluit Huberts' Clilrf of Mn IT Ih In ( onininnil of the Mnfeklnu It.llef. 'Copyright. IM. In Press Publishing Co ) I,ON'I)ON, May 1" fNew York World Cablegram Special Telegram.) The ques tion of Kitchener b whereabouts Is arousing speculation It is believed in somo that he nnd not Hunter Is really ine flying column moving to It is no secret that for "oro" TOSHHtlllnns between he and Roberts honjBfe strained. This said to cxplaltiTIWBicnt ubsencos from headquarters on disfaW missions and lends weight to the presumption that he Is com manding tho Mafcklng column. The Express Capetown correspondent says ho Is Informed on good authority tint Rhodes Is about to retire from any active part In Capo politics. ENVOYS OPPOSE SURRENDER Vc-hcmciitl- Deny the llrport flint Tliry llnil tiltcn Such Ail l ire. NEW YORK, May 16. Messrs. Fischer, Wolniarnns nnd Wessels, constituting the envoys from tho South African republic and Orango Free State, who nrrlved hero yes terday, commanded by their governments to endeavor to Induce the I'nlted States to use Its Influence for the establishment of peace In South Afrlcn, wcro questioned to day regarding tho statement from London that n cablegram from Capetown inserted that thpy had advised surrender should their countrymen be defeated on tho Vaal river. Severally nnd collectively tho envoys vehemently denied that thoy had given any such advice nnd they declared that they wcro opposed to surrender. Deyond 'a drlvo through Central Park nnd tho principal Identities of Interest In the city, no program was arranged for the Doer envoys today. They spent tho forenoon in nnswnrlng telegrams from moro than sixty cities In the United States, from which In vitations had been received. An effort Is being mndo to arrange a plan so that tho envoys can visit a majority of tho cities. Probably thoy will leave for Washington on Frlduy. C. H. Woraels, one of tho envoys, discredited tho cable dis patches to tho effect that President Steyn of tho Orange Freo State Is said to have lashed tho Free Staters to make them fight. Ho said tho Freo Staters wero all working together and In perfect harmony. "I clo not think that tho stories published about tho Drltlsh successes arc neutral news, but highly optimistic from u Drilled standpoint," ho concluded. Charles D. Pierce, consul general of the Orango Freo State, received today the following cablegram from Pretoria: "Messrs. Wessels, Fischer and Wolmar nns: May Justice and righteousness bo with you. KRUGER." RIFLE CLUBS TO BE FORMED Wilt Odlee Adopt Lord Snllnhnry'n NilKKfHtlun In AiiRinriit the Hume Defense. LONDON, May 16. Tho War office, has asked the National Rifle association to draft a plan for national rifle clubs, as ad vocated by Lord Salisbury In his recent' speech. Tho chancellor of tha exchequer. Sir Michael Hicks-Reach, speaking nt nrlstol this evening congratulated the audience on tho fact that tho cloud of war was fairly lifting and that there were streaks of light portending a glorious dawn. Continuing, ho said: "Wo are contending with a foo whoso courage nnd skilled tennclty we havo learned to respect. Rut we are entitled to hopo that the beginning of the end Is com ing." Sir Michael added that the thanks of tho nation would be due to Lord Roberts and those under him. If the government, ho declared, was not entitled to credit for tho success It was not blamnblu for tho re verses. It bad shrunk at nothing to supply men and means. Tho chancellor declared that the govern ment was not responsible for delay In for warding troops to South Africa and an nounced that It might bo necessary to stilt further Increaso tho navy. Ho disagreed with tho suggestion that a lnrge permanent Increaso of tho army might bo nccevsary, but said that tho country must look to tho volunteers and militia. 1 "Tho expenditure of the country," said Sir Michael, "Is growing at an enormous, a dangerous rate. I have nlwuys put a strong navy as a primary necessity of tho country and it may bo that nBsent will have to be given to a further expenditure In view of the hostllo feeling toward England In some European countries. Hut I regard the rountry's Increasing expenditure ns tho roal danger. If we go on as wo hnvo been thero may be very hard times In store for tho country, particularly for tho working classes." IM.AGUK HHIIAKS OI'T IX JAPAN. Murderer of n. Mlnnloniir j" in t'lilnii I'llllUllcd Orleiitul Vrnii, VANCOUVER, n. C, May 16. Tho steamer Empress of India brings tho unwcl como news that the plague han ngaln broken out In Japan, this time In Osaka. Tho Kobo Herald says there were four enses of tho disease In Osaka during April, nil proving fatal. Pligus germs wero positively located In the blood of the victims. There Is gravo apprehension that tho pest may spread at this tlmo, tho beginning of tho wet, warm season, 'when climatic conditions will bo specially favorable to tho cultivation of the bacillus. The Nippon states that no fewer than oleven persons died from tho pest last month, that their remains were cremated and their property disinfected, hut that tho public was carefully kept In Ignorance of tho renewal of tho plague. Punishment has been meted out to tho murerers of MlFslonary Drooks In China. Flftacen men wero tried for tho crime before tho provincial Judgo at Chlmanfu and C. W. Campbell, Drltlsh consul. It was developed nt tho trial that only three wore guilty of tho actual killing, and one of the.su dealt tho final fatal blow. This one was beheaded In tho presence of the Drltlsh eonsul. Another wan sentenced to strangulation n! tho autumn asslies. A third was sentenced to life Imprisonment nnd four others to ten years' Imprisonment each. Others received light penalties. Hong Kong papers say that tho police havo confiscated large quantities of firearms and ammunition intended for distribution among lawless clause In China. Plleo of Mauser rifles, hundreds of revolvers nnd bayonets. 20.000 pounds of gun powder and 100,000 rounds of ammunition have boon cap tured near Chin Wan. Twenty-five men. In charge of this Illegal arsenal, havo been arrested. lleil Crux It 1 1 1 I I'llxxrd. WASHINGTON.May 16. Tho huuso ai.com pllshed little today besides passing the senate bill ti Incorporate tho Amorlcan National Rid Cross. No progress was nudo . with tho Alaskan code bill, owing to the inunmiy oi mo two smes io agree as to tho tlmo to be allowed for general dobato. Tho conference report on the District of Columbia appropriation bill wau retvrncd after extended debate Bfti cat inWI r ENVOI'S ARE WITHOUT HOPE Said to Hate Diicloaed Their True Condition During the Jouroej. NEW LONDON PAPER'S ENTERPRISE SHOWN Itrprcsmliitlt c of (lie IliprP" Crometl the A t In ii t Ic llli llu- Di-leuiiten I'mlrr I'ri'lriisc of llclnir n input hltcr. LONDON, May 1G. The Dally Express this morning prints a three-column Now York special, signed by Patrick O'Connor, who crossed tho Atlantic with tho Doer delegates on tho Mnnndam, under pretense of being nn Irish-American nnd a Doer sympathizer. As a matter of fact O'Connor understands tho Dutch languago and ho claims to hao overheard much private conversation, In the courso of which Wolmarans is reported as saying to Fischer: "1 think we should bo careful of what wo say to this man as he may bo a spy. Aro you suro ho Is nn American?" Fischer There Is no doubt of It. I can tell by his accent. Wctftes It would never do, of course, for tho Drltlsh to know that wo arc really In the last extremity or for him 'to know that wo uro thinking of staying In America. Then, resuming the English language, Fischer began by blaming Cecil Rhodes fJr bringing on tho wnr. Ho said: "1 havo not a shndow of doubt thnt Sir Alfred Mllner was sent to South Afrlcn to prcpnro for tho spoliation of the Door re publics by force If nectfuary. The franchise, ruse was all a humbug. President Kruger ceded m much nt the Dloemfoenteln con ference thnt Mllner was In mortal fear lost his requests should be granted and lest ho should thereby loo the chance of annexing tho Transvnal." Wolmarans said Io Fischer In Dutch: "Do you think we had better tell him how Kruger broke off tho conferenco?" Fischer No. Helled on Iliileh Colonists. Wolmarans, (In Dutch) Our position Just now Is precisely that of Jameson nt tho tlmo of tho raid. Ho expected Johannesburg to riso to Ills assistance. Wo expocted the same of Capo Colony and Natal. Wc nro bitterly disappointed. Tell him how Schrelner deceived us. Fischer Ho knows ns well as wo do that Schrelner Is loyal to Great Drltaln. Resuming English, Fischer said: "Wc arc going to win tho wnr If It tnkes years." Addressing WcescIh nnd using Dutch Fischer said: "Wo had better not say too much. Wo are getting badly beaten now. Wo are going to America In the hope of obtaining the friendly help of tho United States In the causo of peace. That Is what we will say to tho public. As a matter of fact, wo havo no hopo whatever. We havo no cut nnd dried program. Fischer went on to say that the brother of Wessels who happened to bo in the Un'd States und was acting In conjunction with MontUEUO White, believed that somo j sort of picc preliminaries would be ar ranged, but If tho delegated failed In tho United States, tho Doers, Fischer declared, would still not give In. O'Connor says the delegates wi much astonished nt the reception on their arrival In New York. When land was sighted Wolmnrans exclaimed: "What shall wo do when wo get thero?" ARRANGE PROGRAM FOR BOERS Hrpri'xrntnt Ivo Solm-r of w 1 orl I'lniiM for Their Hntertnln inrut III WuhIiIiikIou. WASHINGTON, May 16. Representative Sulzer of Now York, chairman of tho com inlttoe to receive the Doer delegates In Washington, today received a telegram frcm Messrs. Fischer, Wessels and Wolmnrans, stating that thoy could not leave New York before Friday. Mr. Sulzer then announced tho program, as follows: On Thursday night a committee of threo United States senators, thrco representatives and a number of prominent citizens will go to Now York to escort tho delegates here. They will leave Now York Friday morning and will be met at the depot here by a committee of 200 and taken to the Arlington hotel. On Sunday night there will .bo a meeting nt the Grand opera house, when the dolc- ! gates will spenk und thore will be addresses also by senators nnd representatives. Mr. Sulzer says tho stay of the deltigates will bo mado tho occasion of a notablu demonstration. letter Sulzer announced the congressional committee which will go to New York to morrow night to meet the Doer delegates, ns follows: Senators Hcltfeld, Idaho; Mason, Illinois; Wellington, Maryland; Toller, Colorado, and Alton, Nebraska; Rep. resentHtlven Sulzer, New York; Robinson, Nebraska; Do Armond, Missouri; Shea, Kentucky, nnd Champ Clark of Missouri. The committee will tnko n midnight train, arriving In New York Friday. Mr. Sulzer says ho understands 1he call of tho dele gates on tho president will bo unofficial In character. No one connected with the Doer dele, gatlon In Npw York has yet com municated with tho State department In relation to tho reception of the delegates In Washington by tho au thorities. Only by Indirect means has It become known to the officials that the dele gates will reach here within the next threo days and that a public demonstration Is being arranged In their honor at one of the theaters for next Saturday night. It Is as sumed that If any effort Is mado to Intro duce the Doer delegates officially this will bo conducted by Mr. Montague White, who pro ceded them as nn unofficial representative of the Doer republics, or perhaps by Charles D. Pierre, who as consul general of tho Orange Freo State In New York Is the only person to whom tho United States govern ment has as yet extended any official recog nition as a representative of the Doer re publics. DEWEY AND WIFE RETURN .station nt Wimlilnulnn Almost )' nrrtcil When the Ailmlrnl's Sprt'lnl ArrlwilM. WASHINGTON, May 16. Admiral and Mrs. Dowry returned to Wnshlngtnn this af ternoon from their wesiern trip. Tho sta tion was descried when tho Dewey special nrrlvfd. The admiral and Mrs. Dcwcy drove at onco to Deauvolr, their summer heme. The iwrty had accumulated a quantity of souvenirs during tho trip. AH members of tho party wero sunburnt, the admiral being almost as brown as on his return from Manila. Ho said tho trip has been "very cujoyable." IliritiKtrlnl I'on vent loll of South. ClIATTANOOflA. Term.. Muy lS.-Tho Southern Industrial convention. In a body, today Inspected local Industries. Later, when the convention assembled for tho day's business, Cyrus Kehr of Tennessee read a n.mcr. tiecreturv of AurliMiltnm Wilson will nddrcjs the convention tonight. MORE OF CATUBIG MASSACRE Part of llnrrlitii Killed In AHnnolIng Io i:-iiic li- tliiulK Other llohl tint Tun )n)n. WASHINGTON, Mny 16. -Tho officials of thn War department, 'nfter waiting for nearly n week to hear something from Gen eral MneArlhur at Manila, confirmatory cf tho prcs report of tho bloody three days' engagement nt Catublsr which resulted In the heaviest loss of lite the American army has sustained In any one engagement In the Philippines, yesterday cabled General Mac Arthur n request for Information. Tho answer wns received today, confirming tho press reports nnd adding some Interesting details. General MncArthur transmitted a report from Henry T. Allen, a major of the Forty third volunteers, who commanded the I'nlted States forces oa't)e Island of Snmar It appears thnt this force; was divided ncnong several ports on Samnr and, while details arc still lacking, It Is bellayed that this par ticular force, which was jicateged at Cnttlblg, was commanded, not by ji commissioned of ficer, but by a sergeant; either Geergc or Hall, both of whom were, killed. Cattiblg. whero the engagement occurred, Is a seaport town of nearly 10,000 inhabitants. General MacArthtir's Cablegram Is at fol lows: "MANILA. Mny 10. With reference to jour telegram of tho lttli, tho rumored en gagement In Samnr, rcporled cablegram of General Otis of Mny 4 has been confirmed by reports recently received from Henry T. Allen. Forty-third regiment, United Htates volunteer Infantry, commanding Samnr Island, that detachment of forty-one men stationed nt Cattiblg wait uttucked April lf by 600 men with 200 rifles and one ennn-n. Our men were quartered In a convent, which wan tired next day by burning hemp thtown from nn adjoining church. Detachment at tempted escape by river. Men getting Into bout were killed; remaining men Intrenched themsclvcu near river Hnd held out two day. longer, faring most adverse circumstances until rescued by Lieutenant Sweeny nnd ten men. Over 200 of attncklng party (many of them nre reported having come from Luzon Island) resorted killed nnd many wounded. Lieutenant Sweeny reports streets covered with dead Insurgents. "Killed: Sergeants Dustln L. Georgo nnd William J. Hall, Corporals Herbert H. Ed wards and John F. J. Hnmttton, Cook Durton E. Hess, Musician Durton R. Wngncr, Pri vates Trcffile Pomslow, Otto D. Loose, Stephen Appcrtl. Joseph 'Noell, John E. Kuhn, Rnlph H. Zlm, Edward Draman, Ohcrtcr A. Conklln. W. ' B .ColllnB. J. J. Kerins, Henry Dumas, Phillip Soling and Georgo A. Slack, all Company II, Forty third regiment. United States volunteer In fantry. "Wounded: Privates Lester Ruchworth, Hurry C. I.ee. Mlchaol J. Faron, James H. Clancy, Company H, Forty-third regiment, United States volunteer Infantry; Corporal White, Compuny F, Forty-third regiment, United States volunteer Infantry. "Copy of Henry T. Allen's report forwarded by mnll yesterday. Hollo (l'nnay) cablo in broken by earthquake. "Difficult to procure more' definite Information. M'AnTHUR." MILITARY PROBLEM SETTLED (imrrsl 5chnnn rilvrN Ills Vlrim of the Sltnntlon In the rbllluplitrrft . , - SAN FRANCISCO, Mdf.. 16. Brigadier Cenernl Theodore fichwan, who has been General Otis' chief of staff in tho Philip pines for nearly a year, hon arrived hero from Manila on tho transport Thomas. Ho will remain In San Francisco for a short time awaiting orders from Washington as signing him to duty elsewhere. Concerning tho situation In tho Philippines General Schwan Is hopeful that It will not be many months before affairs will havo adjusted themselves to the Anjerlcnn control and tho robber gangs will havo boon stamped out. "Tho robber baods," said General Schwan, "aro Incited, by mtlvo politicians who Impose upon the credulity of tho common herd. No people aro so credulous ns tho lower class of Filipinos. Thc-ao leaders havo been in citing the ex-soldiers to continue on tho warpath, ntwurlne them that nn American election wns soon coming and McKlnley would be defeated and tho Americans with drawn from tho Philippines. Thero arc about 60,000 troops In tho Philippines now. That number Is nmplo for the situation. The Islands are well covered with American troop', carefully distributed to all tho strategic points, and each garrison respon sible for Its own sphero of action. Many of the robber bands are armed principally with keen-edged bolos. the natlvo weapon. They pillage small towns and frequently cut the throats of nntlvcs who have been friendly to Americans. Dy degrees, how ever, the distributed garrisons nro gaining tho oonfldeuco of the townspeople whero thoy are stationed and already have hiic ceeded In some cases In getting natlvo help to guide thorn to tho robbers. "Aftor the wet season and after tho na tional elections In thlH country the pacifica tion of the Philippines will naturally eom pleto ltlf. The natives aro quickly ac quiring tho English languago and even tho troublesome class send children to school to learn English. Wo nro In completo military pcssesolon of tho islands. Tho only problem Is the civil government of the Islands and that will come as a natural consequence of thn others. In n year from now thero will not bo any need for nearly so many men as we have thore now." Trniinpnrt I.nicnii Snllx. SAN FRANCISCO, May 16, The. transport Ix)gan sailed today for Manila, via Honolulu, Among the passengers on tho Ixjgan are a number of army nffirois, fifteen assistant surgeons, twn postal clerks, soventy-slx recruits, seventy-three hospital men nnd seven contract nurses, as well as a nuipber of civilian employes and the. wives and children of officers now serving In tho Phil ippines. PREPARE FOR NEELEV CASE llrtirnrd K. .lonrn Appointed Sprrlnl AftilNliint Altoi'iicr tirncrnl In I he I'roi'rrdliiKi. NEW YORK. May 1. Edward K. Jones of this city has been appointed special as sistant Unltul States attorney general In the matter of the proceedings agAlnst Charles W. Neoley and other officials and employes of tho government, administration In Cuba under tho authority of tho United States. In speaking of the Neeley case today Uni ted Slates Attornoy Durnctt said that tho hearing boI for tomorrow before Commis sioner Shields would most likely bo ad journed for a week. Ho also said that the hearing regarding the extradition of Neeley boforo Governor Rocsovelt In Albany set for tomorrow night, would probably to postponed for n day or two. Itoliertx to Hp Tried AkuIii, SALT LAKE, May 16. County Attorney Putnam today decided to retry H. Ii. Roberts on the charge of unlawful cohnhltn tlon Tuesday, Muy 39, Tho matter wun called to the attention of Judge Norrell upon tho opening of court this morning-, and his honor ordered that tho case bo iet down for tho date named. ASSOCIATED PRESS ELECTION Edward R'siwater of The Bee Ohoien One of the Directors. ANNUAL MEETING IS HELD IN CH'CAGO Ormnilrntlnii Vole Asnlnst nn Amendment nf It ll -I.ihtk Ailtlsorv Itnnrdn Clinsrn for niflrrcnt III vision. CHICAGO, May 16. The annual meet ing of tho Associated Press today wan very largely attended. The directors recom mended tho amendment of tho by-laws so ns to mako them conform to the Inws nf Illinois im laid down In the recent decision nf the supremo court. After considerable discus sion, a motion of John Schroers of tho St. IotiU Westllche Post to reject the nmend ments wa:i nnreeil to, there being but two voles in tho negative. The four vacancies nn the board of direc tors wero filled by tho election of Charles II. Grasty. Daltlmoro Nows: K. p. Call, New York Evenlne Post; Edward Rosewater. Omaha Dee,, and George H. Thompson, St. Paul Dispatch. Tho members from the different divisions choso tho following ndvlsory boards: Eastern Division Herbert F. Gunnison, Drooklyn Eaglo. ehnlrman; Ambroso Duller, Duffalo News; Charles II. Taylor, Doston Globe: A. P. Langley, Springfield (Mawa.) Union: P. C. Doyle, Oil City Derrick. Central Division D. M. Houser, St. Louis Globe-Democrat, chairman; W. D. Halde mnn, Iiulsvllle Courier-Journal; II. U. Drovn, Indianapolis News; E. H. Purdue. Cleveland leader; James E. Scrlpps, Detroit Tribune; T. L. Doyd, Milwaukee Journal. Woitern Division II. W. Scott. Port land Oregonlan, chairman: H. G. Otis, Los Angeles Times; P. H. Ltnnnn. Salt Liko Tribune; K. G. Cooper, Denver Republican; Alden J. Dlcthen, Seattle Times. Southern Division-H. H. Cabanlss, Atlanta Journal, chairman; C. P. J. Mooney, Memphis Commercial-Appeal; Georgo W. Ochs, Chattanooga Tlme; Georgo 11. Das kettc, Nashville Danner; Pago M. Dakcr, New Orleans Times-Democrat. ANNUAL BANQUET IS HELD Andltorlnni DlnloK Itnnm thr Scene of the tint herliiK Mevernl Siu-eelicd .Made. CHICAGO, May 16. Tho annual banquet of tho Associated Press was given at tho Auditorium this evening. There wcro seven long tables in the body of the room for tho members, every scat having un occu pant, and another tablo for the guests, among whom were Bishop Charles H. Fow ler of the Methodist church; Colonel R. C. rlnurv vlrn nrnaMnnt rtf fha W'min lfn n Telegraph company; E. J. Nally of the Pos tal Telegraph company, H. D, Estabrook and John P. Wilson of Chicago. The tables wero ornamented -with candelabra and large bunchen of red roses. President Victor F. Lawson prrslded and Clark 'Howclls of the Atlanta Constitution was the toastroastcr. Tho loving cup was passed by General Man ager Stone, whose facetjous Introductions of tho members provoked much laughter and clapping: ot hands. When" the cigars were lighted, Howells took chargo and In n brltrf speech raid that so far ns the "southern contingent" wat concerned they wero willing to leave tho future of the Associated Press in the hands of the men who bad guided It to "tho mag- nlflccnt position which it occupied today as , the greatest news gathering organization in j tho world." (Applause.) i In Introducing tho first spotker. General H. ' O. Otis, Howclls referred to patriotism, j saying: "When the honor of our flag, tho prestige of our country, are concerned In ! upholding the flag and In maintaining the 1 dignity and the honor of our country, thero : nnd then politics should stop nnd patriotism I should begin." (Applause.) I General Otis epoke to tho question, "Whero Should Patriotism Degln nnd Whero End In the Conduct of a Newspaper." Ho said: j "Wo of tho Journalistic profession, nnd especially we -who publish partisan political nowspapere, may well bear In mind at every juncture In a national political contest tho olfejt of our utterance and our teachings Ion tho government under which wc llvo and 1 to which we owe supreme allegiance. This I attitude when rightly taken Is entirely con sistent with the strongest advocacy and tho ; firmest adherence to tho political party ! which we happen (o espouse, for we take sides In party contests, not for the sake merely of helping ono sldo to win, but for tho sake, as wo ure wont to claim, for tho ! final effect on the country us n whole of tho policies which we advocate. To take ony ' lower prsitlon than this would bo Indefensi ble nnd It cannot be maintained. The whole sclenco then, of life, of Journalism, of poll tics and ot government Is to bo right. Lot ! thnt be our aim. Let the constitution of tho I'nlted Slates and tho flag be our guide and lour Inspiration and we will make no mis take." (Applause.) General Charles H. Taylor of the Doston Globe spoko about tho tlrst organization of tho Associated Press by James Gordon Den nett, and of the modern newspapers, which he said aro printed for different constituen cies giving the news In which they are par ticularly Interested. In conclusion he said: "Speaking of reform In our own line, I do not llko to seo a tendency In thi popular papers ofvthe day to make events which are horrlbio and revolting prominent. The vivid Illustrations of murder, tho parading of deformed children who havo been operated on In hcspllals, the monstrosities of human ity and of nature all these need to bo eradi cated from the papers of tho day. Thero aro plenty of opportunities to present tho picturesque, the grotesque, the beautiful and the attractive events which tire of dally occurrence. And these should ho given pref erence, so far as wo aro ablo to, In meeting the wants of tho people." Henry D. Estabrook said In part: "No thinking man wiauld abolish tho newspaper to escape tho tumult It creates, or exchange It with all Its faults for the tie wsIcsh hlasphemy of a psoudo Savior. Tho Dlhlo nowhere counsels the suppression of newt, hut Is Itself the compendium of news, somo of It not good reading for ears polite 'De sure,' says the Dible, 'your sin will Hnd you out.' which Implies thnt It was tho Almighty's Intention that sin should be pub lished to tho world. Of course there Is such a bad thing ns too much of a good thing, anil tho qu.illflcatlnn nf my doctrine that n newspaper is Justified In publishing tho truth. Ii thnt what it publishes she,uld bo tho truth, the wholo truth and nothing but tho truth. Some newspapers aro great sinners In this regard, hut there is nothing about nn editor which exempts him from the sanction of the moral law." St. Clair McKclway of tho Drooklyn Eaglo spoko about "Political Reporting." Dlshop Fowler, the noxt speakor, said he had never talked to so large an audience, as half the republic was gathered in this little room, the nation being In tho hands of those present. This company, set on ono purpoie. could make the nation do almost anything (Continued on Second Page.) CONDITION OF THE WEATHER Forecast for Nebraska: Partly Cloudy. Warmer; Variable Winds, I'l'inprrnlnrr nl Omiihn j mtr rilny i Hour Urn, Hour. Ilpu. ' n. in .", I p, m II." I n. nt ni ' p, ii i7 7 n. in.,,.,, , ; p. m s s ii, in nn t p, iii , t;n ii ii. iii mi n p. ii nn ll n. iii As i p. in 17 II n. in no s p. m . .... , tl.-, I- in ll'J II p. in till HOTEL PROVES A CREMATORY Slnny llnrlnit llrneiii'M In Whl eh the Colored Porter I'lnjs the .Mnr Purl. CHICAGO. May 16. Three perrons were killed, one is missing and flftien were In jured In a lire which early today destroyed tho Hotel Ilclene at 110 to IH Fifty-third street. Five of the Injured will probably die. Tho dead: CHARLOTTE PETERSON, dining room girl, found In her room burned to n crisp. LENA PEARSON, found burned almost beyond recognition, In room with -Miss Peterson. .S. (1. M'UADUIN, flesh partly burned from body. Tho missing: Patterson, man, last seen In hotol ofllco at 11 o'clock last night. Tha seriously Injured: W. E. Horn, burned about face, hands and body, leg broken, will die. E. E. Tarbux, burned about body, recovery doubtful. Elizabeth Florence, Internally Injured and skull fractured; unconscious, recovery doubt ful. E. D. Allen, both ankles sprained nnd In ternally Injured In Jumping from third-story window. Mrs. T. I). Allen, hack broken nnd In ternally Injured; Jumped from thlrd-lory window; will die. Miss Helen Joseph, badly brulsoffnnd over como by smoke. Stella Nellwolskl, chambermaid, Jumped from first floor, ovorcome by smoke and In jured internally. L. J. McNeil, porter, burned ahout face. Miss Sarah Hutchinson, n high schrol teacher, Injured In falling from second floor. Jatnea Cos'ln. fireman, cut Iby fulling glass. Mrs. Bruco and baby, overcome by smoke. Thomas Morgan, policeman, back Injured. Mrs. Adella Lawson, badly bruised. Tho loss to tho building and furnishings wns $40,000. I Munjr nnrlnir Itnoiifn, The destruction of tho hotti was rcploto with daring rescues and narrow escnpes In which James McNeil, tho porter, earned himself tho title of hero. He was the first to warn the sleoplng occupnnts of their danger. He carried Helen Joseph down n swnylng ladder from tho third floor and then, amid tho cheers of the onlookers, re turned to tho second floor, where a woman was lying unconscious, her clothing on fire. Ho carried her to tho window and dropped her Into the arms of Policeman Wolf. Tho effort and tho heat wecr too much for Mc Neil and he staggered back Into the smoke. The peoplo below thought ho wns lost. A policeman mounted to thn shoulders of a brother officer, nnd. clambering over tho window ledge, caught McNeil by tho feet and dra'gged, him from the roooi. McNeil was passed down to tho ground, and soon ro;overr?d 'cnnsclatiAneJf. Police, firemen Hnd spectators united In one voice In praising the porter, McNeil. Ho was formerly a gunner in the English navy on board tho battleship Dreadnought nnd holds medals for marksmanship nnd pro ficiency In drilling. Ho took part In tho Jameson raid and It was whllo In South Africa thnt tho Illness which compelled him to secure a discharge, came upon hlra. EVEN WITH POLICE NOW Unlvrmltr nf IVchrnakn. Iloyn Wreck thr llrndiinnrtern of the Con Mtiihnlory mt Lincoln. LINCOLN, May 10. (Special Telegram.) The annual night shirt parade by tho stu doiits of tho University of Nobrnska ended In a conflict with the police tonight. After parading the down town streets In desbnblllo costume the students assembled In front of the pollco headquarters and began throwlug slones at tho windows. This resulted In u general fight between probably 300 ntudents and cno or two policeman. Patrolman Hnrr received a broken leg and several of tho students wero severely bruised up. Tho bombardment was prompted by tho nrreat of a student Saturday night for shooting oft a revolver after the competitive drills. TRAGEDY IN V0UVIE FAMILY Dnlryman ('oininltx Nnlcldr After Trr IliK In Kill II Ik W I fr Mar ried In Oninhii. KANSAS CITY, May 16. William Vouvle, a dairyman, killed himself tonight, after having fired threo bullets Into tho head of his wdfe. Tho woman will probably dlo. Tho tragedy occurred In a sanitarium kept by Mrs. Vouvlo nt Eleventh street and For est nvenuc. Tho Vouvles were married In Omaha thrco yearn ago, but have beon estranged for some tlmo past. The shooting tonight followed tho woman's refusal to agree to a reconcilia tion. BUTLER HAS N0T RESIGNED lie Ankrd thnt Kdmlntrn lie Mndr Vlnn Chnirmnn to Help Hint Out. WASHINGTON, May 18. Senator Butler contradicts tho report that ho had resigned tho position of chairman of tho national populist commutes in favor of J. H. Ed mlstcu of Nebraska. He said that ho had been elected to tho position contrary to his wishes nml that, knowing ho would not for tho presont bo ablo to glvo his cnllro time to Its duties, ho had asked that Edmletca be mado vlco chairman. Ilnlnn Hnvr n Tnivii. MENOMINEE. Mich.. Mny l.-eav.v rains Inst night and today put nut the fire nt Fisher, which, since Mondny. threatened the town. The loss Is estimate I at J.VO.OT), Insurance. IliiO.flOO. C. II. Worcester A- Co. lose 10,'i0.fi0i feot of lumber, l.UlQ.OOO shingles and n large quantity of cedar product. Mm i-iiM'H (n of Orenii VexxelN Mny HI. At New York-Arrived Kalserln Mario Theresa, from Dremeti; Menominee, from London. WVrra, from Genoa , Teutonic, from Liverpool, rinlled- Oce.inlr. for Liver pool: SI. Paul, for Southampton, Soul h wurk. for Antwc.i. At Philadelphia -Arrived Rhynl.tml, from Liverpool. At filangefc.-Arrlved Laurcntian, from New York. Al Southampton Arrived New York, from New York. Sailed-Smile, from Bremen, for New York, via Cherbourg. Al Ivindon Arrived Mesnba, from New Yo'k At Hong Kong -Arrlvi'd-Moniiioiitbslilre, from Portland. Ore., via Yokohama. At Hremoli Arrived Kulser Wllhelm ler Gross, fiom New York. At ciierboiirgSallfd-H.iule from Bremen and Southampton, for New York. At Copenhagen -- Arrived Tlilnevalla, from New York, for Stettin. At Llverpool-Sllcd-aermanlf, for Now York. STRICKEN OFF FILES Briefj for ReipondenU in Tire nd P elio Case Are Rejected. SUPREME COURT OBJECTS TO LANGUAGE Words an d Expreisions Employed bj Counsel Offend the Judges. STANDARD OIL SERVED THE SAME WAY Attorney Qeneral'i Demnrrar to the Argu ment! in Thii One Sustained. WHAT THE OFFENDING EXPRESSIONS ARE l.iniKiinKt' I'impliijcd liy Uty Mtornrj ton ml I In II It llrlrf lit Which Ilio JiidKen Hnvo Apiinrenlly Tnkt'it t iiilirnKC LINCOLN, May 16. (Special Telegram.) -Just beforo adjournment Into this afternoon tho supremo court mado two Important or ders, striking from the tiles of tho court all briefs filed by tho respondents In tho Omaha Flro and Police commission rnso and also tho brief Died by tho Standard Oil company on May 9. Tho court holds that tho till fs of the tiro and police commissioners contain natters which nro disrespectful to tho couri. while that of the Standard Oil company con tains improper and offcislvo Imnllcutlons. No other explanation for this unusual pro- ceituro was given. The court sustained tho attornoy general's demurrer to the nnswer of tho defendant In tho rnso of the Sluto against tho Standard Oil company. The answer of tho defendant denied the constitutionality of the net under which thn suit was Instituted and the attor ney general In his demurrer held that a wrong Interpretation had been placed upon tho law. Tho question wns simply one of the constitutionality nf the nntl-trust net nnd thn decision of the couit Is considered ns an ufllrrantlon of the law. AVhnt tin- Court Dock Not I, Ike. Following are the extracts from tho brief In tho Fire and Pollco commission caso nt which the court probably took umbrage, this appearing In tho body of the argument, and suggesting a motlvo for tho action of the applicants: Tho Judgment of the court which ousted tho governor's board pouted tho city a board. The rights of the respective parties wcro fully presented by the pleadings, hotly contested In the nrgumeut and dellnltely nnd clearly determined by the Judgment or tho court. he caso appears In fifi Neb., bO, under the title of State ngnlnst Moored. It was generally understood that the deci sion of tho (mention Involved. I. e., tho rlcbt of the governor of the stuto to up polnt the members of the Hoard of Fire nnd Police. Comnil.sloner.s. was linn I. Hut a state election was held In tho fall of 1VJ0. Tho Hon. Silas A. Holcomb, who In 1S.17 as governor had made the appointments which tho supreme court had held uncon stitutional and void, by that election was himself placed on tho bench of tho supremo court. "The. personnel of the court or appeals changed somewhat." (Dank of Kentucky against Stone, Fed., 3S9j. Tho situation then took tho following shape: if tho question could bo again uresented to the turrcme court of Nebraska, and If tho new supremu Judgi. shoild adhere to tho views which as governor ho had clearlv, forcibly and publicly expressed upon the merits of the controversy at the time his appointees were ousted und. In the Interest of party, overriding untural considerations) of delicacy and propriety universally ob served by .ludces under the like circum stances, should consent to and take port In a review of tho former decision, then there would be no doubt thnt such former deci sion would bo overruled nnd the party to which the attorney general belonged would bo placed In control of tho tiro nnd police departments of the city f Omnha. Under 3'irh circumstances the same attorney gen eral who began the former proceedings, deliberately Ignoring tho previous ludgment and tho iirevloiis decision of this court, began tho present suit, presenting' nncw ths Identical question which this court at Ills Instance had already passed upon. To his honor Judge llolcomb the foregoing state ment Imputes no discredit, for he has not yet. as Judse. attempted to vlndlcite the eoursi- lie pursued ami tn sanction the nets ho performed ns governor: nor nre we wlil iri that it shall be assumed thot lie will do so. There Is nothing In the history of Mie Amcrlrnn Judiciary which loads us t think It nrob.ible th.it any ludgo t'pnn thn bench of this state will do ntnrht to inwer tho dlznlt;' of his olllco or use Its snored powers to further -Alio schemes of partv politicians Tn tho attorney general, whose blgh or flce should make hltn nn example to every member of the bar In the dlxWi.irgn of pub lic duty nnd In the maintenance of profes sional honor, we Impute nothing. We hnvo stated historical facts known to all and do tiled by none. If the facts nceuo him of attempting to ln-o li Ik great trust for purely partisan purposes and of seeking to brlntr party pressure to bear upon those still higher than himself that they muy be com pelled by unworthy motives to help him win partv spoils nt the expense of the liberties of his fellow citizens, his nuarrel must he with history and not with those who truth fully record It. Hoy utterly without foundation on anv legal principle Is this attempt tn make this court overrldo lis fornior Judgment will nn penr hereinafter. There Is neither sub stance nor shadow of reason, authority or precedent produced or producible to lustlf It. AH hope nf success In tho iindcrt iking depends solely on tho baleful Influence of party politics In the one room before nil others In tho state whose ntmosphern should be pure nnd untainted the pre-emlneiil spot whero "justice, should bo done though tho heavens fall." Cooeernlnpr Oppnxlni; Cnnnsel, Referring to tho contentions of opposing counsel, City Attorney Council's brief says- That completes tho list of authorities cited to tho point that res ndjudlcntn doe. not apply to a state appearing In Its sov nrelgn capacity. This Is a most extra ordinary conduct! AVhnt do counsel menu by It? They mako one decision appeni relevant by boldly Interpolating their own contention into the midst of a quotation nnd for tho balance they cite nuthorltles that either have not the remotest connr tlon with tho Issues of thn case or pnlntcdlv refute what they claim to he the law Is this trial ton n farce? Such conduct ennnnt fall to r.ilso gravn suspicions mhit Ins to either sanity or sobriety. Do they wish it to be Inferred thnt they nro so con fident of a decision thnt they think It nut ters not what cases they cite? Again, tho applicants nre nlluded to in Ifao following languago: Hut Cieso iwthoiik whom thn governor, now seen to be Illy adlsid as to his duties and his rights, has put forward to claim tho olllcen In question, nre Inrrnd by an other wall equally beyond their power to break down, scale or circumvent. They claim as appointees of the governor. If these n'ipolntees have good title, then their predeccbsnrs had good title. Ifenco. on their own theory of the caso they aro siicrpHsnrs. The pitiful trick by which It Is sought to nvold the Judgment of the court -the procured reslenatloii of the predecessors who wre hound by name and the substitution In their places of these Interveners who were not personally In court Is foillsh compired with the superior wisdom nf tho ostrich who sought to hldo hW body by sticking his head Into tho desert snnds. In the eyo of the law ns In tcrpretsd by the llrt tribunal of tho land these men nro the Idnntl 'al unities who were beforo tho court In tho former case. "Wbnrt- a second suit to enjoin the col eotlnn nf a tax Is .ignlnst the successors In oilier nf those olllcers who were de. fendanls In the first suit, by tho samo party, ther Is Identity of partlns " Hyl Dr. Peabody's connection with tho caso Is touched upon thus: The above npplles tn nil the governor n second appointments except to Mr. Pea body. He, unlike the others, seems Io hnvo considered Ills being turned out nf ofllco h sutllcleiit iinls tn Ids Urst annolnt ment for he does not nwiir tn have re signed with his conferees lajit month, 1U i