The Omaha Daily Bee.
ESTABLISHED 19, 387J .
OMAHA, TUESDAY MOKXIXG, JAKUAHY 8, 1901-TMN PAG US.
SINGLE COPY" ELVE CM3XTS.
COLONY CASES AGAIN
J
Porto Eico Otntomj Oiuoa Oomo Beforu $ffi$L .
promo Court Today.
J. G. CARLISLE COUNSEL FOR PETITIONERS
Britf Piled of Argument on Which Appol-
lonts Beit Thoir Olnirn.
BLAND INTEGRAL PART OF UNITED STATES
( . . n , , i
Entlre BoTereignty ii Vcitcd in UoniUtnua
Powers of This Country.
POWERS OF PRESIDENT ARE QUESTIONED
Right of Thin Nntlon In Acquire
"Ontnlile, Properly" Ad
mitted In He Fully
KntuhlUhrit.
WASHINGTON, Jan, 7. Ex-Secretary
Carlisle, who appears as leading counsel
against tho government in the l'orto Klein
customa case, the argument In which will
begin In the United States supreme court
tomorrow, will not Mo an individual brief,
hut will content hlmsoir witn a vcruai uru'
.ontatlon. His name, however, appears as
of counsel in the brief In the Pooler case,,
congress passed tho l'orto Hlcan act.
Zry W Tar Vied tho briefs in the
ttuiiry . . .
ipromo court today. rollowing Is a sum-
ary of tho argument. ,,
'ln'llreUV
i i... ii ,.i UI..I..U
HccondAs' ii consequence- of the J frenty
i v.,.,niv,. mill leiHslutlvo departments
of the federal government nuvo oiuy !""
III relation lo rorio uicu an i
them by tho constitution. .
Third -The presltlent hud not the power
imilfir tlm rniiNlttiittiiii to makn or enforce
the order of January 20, lh'.fl. Ill HO far US
It ImiioHeil dutleH upon articles of mw-
rhnmllKii tiro unlit Into l'orto Illcn from
other pnrtH of tho I'nlted Hlules.
... Si1" ir.TH ', "J . , L ,,,
or duties Imposed by tho act of April 12,
1900, upon articles or merctianuise uroiigm
inin I'ono uico irom uiiipr juuin in inu
ITnlffiil Hlnlr np Infn flthor flurtM f if till
United States from l'orto ltlco.
in BUHiuiniDR uicao puiiua nu nine if
.uni in uciiiiiik i I""" ui u""c"
4 I .11..- I I i I. ITltA.l 1
mates to acquire ana nolo oiusiae property,
I lilt 1 JHIWLT 11(1 V11IK Ul'UUUlU JU 1111 CD
tabllHhcfl."
J;.Tm:.,,1. rl, .
.,. . mn nil
.;. nf n, lint. ,i smm- nV nt ilm
PORTO RICAN CASES PUT OFF
Kiiiiromr Court Drlajx llenrlnir for it
Day Kneli Hide to llnvu
Five Hour.
WASHINGTON, Jan. 7. Tho argumont
In tho United States supreme court In tho
l'orto Hlcan cases Involving the question of
tho legality of duties Imposed by this roun
try on goods shipped from tho United
States to l'orto Hlco and from l'orto Itlco
to tho United States did not begin today,
ns other eases preceding had the effect of
postponing until tomorrow. Tho court,
1, ,.....- !, n,,lllnl r,l,n.,., ,,f It,,.
,.i.4 In HnnMn tihnl tlliln hnnl,l l,n ,.lvon
- -- . ' ....... .....w -- - n -
to each side of tho controversy. This ques
Hon was raised by former Secretary Car
ll.lo u..n .Intml lin flvn nf Mm xnann nnill.1
... ' n...-. n ....
bo consolidated. Theso five nre the casca
of Delimit and nthors ugalnst Collector
Illdwoll, S. II. Downs against Collector Hid
well, two cases of II. W. Dooley ngalnst
tho United States and Carlos Armstrong
ngalnst tho United States. Upon sugges
tlon tho court awarded flvo hours to eoch
tlilo of the controversy,
Mr. Cnrllsle stated that theso cases In
volved tho doublo question of tho power of
tno tdiiiiM, omnr. iu iyy .niiy uu ,;"-"
being shipped In both directions, tho ques-
..mi ivbi..u..lr, uu ....,...r,,v.ul.
on goods going Into Porto Hlco being en
tlrcly now
SEATTLE CITIZENS ASSIST
ririlK f 1 00,000 to .Moritn llrotliorm
Hint They .May Hull cl (iuvi-rii-iii'iit'n
llnttlCNlilii,
WASHINGTON. Jan, 7. Tho Navy do
pnrtment has been Informed that tho cltl
ons of Seattle havo pledged themselves
to ralso a fund nf $100,000, to be paid to
Mornn brothers, tho local shipbuilding
concern, to e mi bio them to accept tho pro
posal of tho Navy department to build a
battleship nt tho flguro named In tho net
of congress. To comply with tho depart
meat's requirements, tho Morans must ro
duco thoir bid J200.000. so that oven with
must bo 1100,000. Nothing has been heard
posltlvoly by tho department, but It Is very
Imintful it tlmv n-111 l.n nliln In nnnt 1,1
ease of n change lu plans and readvertlse-
mom will lollow to reiliico Win cost ot tlis
c i nl Invnlvlii,. M, u,.r 0n nt nl.mil 1 Kfil
.,. '.nin.,.,r.,... '
tons displacement.
Secretary Long today sent out the formal
notlco to tho Hath Iron works, Newport
News Shipbuilding company, and Moran
Hros, of Seattle, that they each had been
nwnrded a contract for tho construction nf
n stinnthn,! battleshln uiion condltlnns nl.
Involving tho right to assess duties on ....,.......
Lrllclw brought into l'orto IUco from suppor of ho government project that
"other parts of the United States." and 0nera Zurllnden former French minis er
Bs . soiU from l'orto Rico "Into other parts f war) proposed In 1837 to the superior
i, o, i - ini,,r. mi nfur war council that Franco annex He glum
of tho United States More an atur um
mo rnns irciity 01 iirav "
ready sot out relative to cost. Tho Hath ivucnener s tiispatcu must not no con
Iron works and Newport News Shipbuilding foun'l with Naauwpoort Junction, Capo
rnmnnnv hnvn not v.t 1 till Ion t ! whnMixr
they will nccopt tho department's propo
sition. Moran Hros., however, being per
sonally represented In Washington, havo
told Secretary Long thnt they will accept
tho award. They undortako to construct
a battleship for $3,G11,000, with 4 per cent
added under tho law, allowing that bonus
on tho Pacific const.
INVENTORY NOT ESSENTIAL
huprrtui Court llnliln That Inmirnneo
In Xnt lin nllilnteil liy Alisruue
nf ncNlifuittt'd l)ocuiiuut.
WASHINGTON. Jan. 7. Tho sunremo
court today decided the cbbo of the Liver-
pool, London & Globo Insurnnco company
ngalnst Konrnev & Wysb Involving thn v.
lldlty of a clause In a flro Insurance policy
requiring tno aasureu to Keep an inventory
ot ins eiiccts in a nreproot compartment
nnd holding tho policy void It this wero
not done. Kearney & Wyeo wero hardware
dealers in Animoro, I. T., nnd lost thoir
Inventory. The circuit court of appeals for
tho Klghth circuit decided that this occur-
renco mil not invalidate tho policy nnd thu
i supreme court umrmed this oplulon.
READY TO WAGE TARIFF WAR
Germany Siilil In Have Dci'lilril In
.Meet I tilled Stali n ivlth IIIkIi
Protection I'nlley.
The Herlln papers print
Inw nrnntnrl ltf Pplnrn
rBOMti" ...........
Herbert i.VfJSWMWVCorrlere della Zerra
of Milan, In VjyJjKjjW 'prince la rcpre
Rented as asscrtlni$Kl the great German
Industrial organization, with the npproval
of Etnnoror VA'llllm nnd Count von Iltiplnw.
Imperial chancellor, have compromlBed with
tne agrarians ami win meet tno unuen
.States with n .lharp protective policy.
Sixty marks a ton on grain Is mentioned
as an Illustration,
Somo of tho papers cast doubt upon tho
authenticity of the Interview, but tho Her-
1 1 .. tv . i i.n i I. . . i. .... n .
unci lUKKuumiL Hs la 11 u irciiil cuuurni-
nlion of tho rcccnt Btatcmcnts of Count
vo" Kllnckowjtroom. an agrarian leader.
tariff war with tho United States, tho cost
f which, It contends, would bo borno by
Herman trade, Germany's nourishing ship-
ping and German consumers gcncrnlty.
Tho National Zcltung says: "We can
not bcllovo that a diplomatist like Prlnro
Herbert Illsmarck would openly ndvocnte
la policy favoring Husata at tho expenso of
tho United Status."
ANNEXATION OF BELGIUM
IVimi'i' Creilltcil with llnlmr Pro
poned Scheme nf 'territorial initio
In lln Xrlirhlinr.
PARIS, Jan. 7. A dispatch received hero
from Ilrus.ols says tho military commission,
"hlch Is study ng the rcorgnnUat on of the
notified his government of this fact.
Tho dispatch adds that Great Rr.tnln at
that tlmo was lndirfurent. while Germany
to rcmuUnR uc
suggested annexation as France's compen-
.. for the loss of A.snco-Lorn.ne.
Tin' Rtntcment has mused n spnsntinn In
nolglum nnd has attracted much attention
France. Uaron d'Anethan, tho IJelglnn
minister hero. In nn Interview, denies that
ho has attributed such a declaration to
(iCnorul Zurllnden He admits ho sent his
uincrui uriiniieii. no uomiis no Htni ms
government cuttings from newspapers con-
f enmmont on tliKin Tho mlnUtnr nrlMq
irom commeni on intm. i ne minister anus
that throughout his enroer ho remembers
no Incident tending to affect the neutrality
of "olglum. except at tho tlmo of tho
French empire nnd Its schemes regarding
tho left bank of tho nhlnc
AMER CANS RFT Nfl RFDRFSf?
Situation In Vfiieut-lii HrKnnleil n
Crltlcnl-Wur Mlilpi. Are
WILM:mSTAD. Curaco. Via Hnytlen
CMo. Jan. ..-The United States minister
nt rocnH. Venezuela, Mr. I.ewlB, according
to tho latest advices here, has not yot sue
cecdeil In obtaining justice for tho New
Vnrls m.l Tl ...... 1 .. . Al.l .... I.. I . ..
dlspulo with tho local authorities nnd tho
situation is regarded rs orltlc.il. Three
American war ships nr.o either at La Guayra
or on thoir way (tho HurTalo, Hartford and
Scorpion) and tho Americans aro complain
ing nt tho alleged dolay In obtaining pro
tectlon for their Interests. Tho local au-
tnorltlea, it was added, encouraged tho
natives to lnvado tho company's plant
Iililou'M Trlliutt In Annum-.
LONDON, Jan. 7. Tho press hero has
published kindly notlcos of the Into Philip
u. Armour and of his generous phllan
thropy. Sir Thomas Llpton In tho courso
nf nil Inlnprlow ro 11 t.lnU .!!.... . . . i .
" !,, ,H iiiumu lu lU
".v -'"WVHy Ul 1UU, un
tiring Industry and unbounded charltv,
".Mr. Armour realized more thnn moat
' """""" u "
mnn ' cntd Ult THnn.oa ,t.n i. ,
great deal to tho world and had to nav
his toll to fortune. Hard man of business
as ho was, few petitioners with fair claim
for help over found him turn a denf ear.
Siiliiiiiiiliic IlAnl TrlulN
CHKRHOUUO, Jan. 7. Important trlnls
of submarine boats took placo hero today
The mlnUter of mnrlne, M. do Lanessn
and I lie mlnlator nf wnr ni.iif.ru I a
cnmo to Cherbourg especially to watch tho
experiments After an examination of the
HUUmarlno boat Morse. M. do Lancssa
Dcartloil tno Nurvaal and headed for tho
roadstead, when n number of surfaco am:
1
submarine maneuvers wero carried out
General Andro witnessing them from tho
luiprcnnble
HitiiilMirs-AiiKTlenii Line AliNorlin It
HAMI1UHO. Jan. 7. Tho Antworp-riucnos
Ayrcs lino of steamers has been sold to
tho Hamburg-American Steamship com
pany.
BOERS ARE LOCATED BY KNOX
ItixiiM l NiMcrnl llrlllnli OIIUmtk unit
I'rlrnti'N Are Kllli-il ami
AViiunilcil.
LONDON, Jan. 7. Hcportlng to the War
olllco, under dato of January C, Lord
Kitchener says:
Wnort 'r ho c-mv was foreod in rVt rn .t,
tho northwest. Our disunities have no
yot been reeelted. hut are renorted sllitnt
Kv,.. killed 'or "wo, TnVed?' ConiSanctai'it
uuprez was taken prisoner.
It UllDIMirH tlOIll rOllOrtS Ot ItlO WOliniie
who have arrived nt Hellbron that a do
taehmont IM strnnir belonclmr to Knox'.
command cnmo Into contact with a mi
JV'r,'"'I ,fo,r, jwr Llndlcy. 1 regret to nay
, K
cors and twenty men wounded. No detulls
"vo mo '" 'nx or mis action
'r'10 Nauuwpoort mentioned in General
1 olOIiy. I liero aro SOVCrai JnaUlVP00rlF
Possibly tho sceno of the fight Is tho
Naauwpoort on tho railroad between
Potchefstroom and Frederlkstad, Transvnnl.
BOER APOSTLE IN GERMANY
Neu'v of l.Vncrnl Henet Aroimluij:
KiiInit'k NuliJretK In Action In IIIh
Couutry'N Furor.
HKHLIN, Jan. 4, Christian Dowot,
nephew of tho Hoer general, Is making
speeches In South Germany In behalf of
tho Hoer cause und arousing great sym
pathy. Tho meetings which ho addresses
Bdopt resolutions protesting vigorously
against tho overthrow of tho two republics.
'ho resolutions being telegraphed to Count
von Hiielow and Mr. Kruger.
1
CAPETOWN EDITOR IN JAIL
Heilltloun I'lteuiieFa nf Prn-llner
.Vcivpai-r Prumntlr Punlnlinl
li,- (iuvrriinuiit
CAPKTOWN. Jan. 7. Tho editor of Ons
Lnnda. tho principal Afrikander nowsna
per here, has been arrested on the charge
of seditious libel
ULMOKARY ARTERY BROKEN
hyiioiins Ditcorcr Grave Oatiia of Oon
grauman Nerillo's Illness.
SOLUTION OF SALT APPLIED AS LIFE ELIXIR
Hiirnl Frcr llflltory Kilrnileil lu Ae-
bruiltn To wim TIhuium for t'nptulu
Clnrk llinviirtl .V. I'uniior Clerk
ill Ciiiinell lltuffN rimtoltlee.
WASHINGTON, Jan. 7 (Special Tele
grum.) Congressman Neville, according to
t bulletin Issued tonight by his physlclanc,
Is Just a shade better, and while there aro
bailees of his recovery is considered lu
a dangerous condition. Dr. Halne, the at
tending physician, has called In Dr. Chew,
a s:eclallst on diseases of tills character,
nnd after u minute examination of the pa.
llcnt they agreed thnt Hepresentatlvo Ne
llie Is suffering from n rupture of tho pul
monary artery. Last week the doctors
thought It was a lesion of the bronchial
tubes with which Mr. Neville was ullllcted,
but tho beet expert opinion of the city says
It Is a rupturo of the pulmonary nrttry.
Mr..Novlllo Is packed In Ico and wns treated
yestcrduy with a solution of salt, which Is
said to have greatly added to tho comfort
of tho patient.
S. C. Ilassett of Shelton, president of the
Dairy association of Nebraska, expects So
appear before tho committee of agrlculturo
this week on behnlf of tho Grout oleomar-
gnrlno bill.
Judge Lncy of Iowa In supporting the
Hopkins reapportionment bill, which luis
been under discussion for tho past few duys,
and which if passed will take one member
from Nebraska's present delegation, snld
today on tho lloor:
'Hut complaint Is made nbout the reduc
tion of Nebraska. That Is largely duo to
tho overcapitalization of tho population of
Nebraska In 1S&0. Tho city of Omaha has
apparently declined -10,000 from 1S90 to
1100. That decline Is apparent nnd not
real. It Is simply tho unquestionable re
sult of tho llerco competition between
Omaha mid other cities on the Missouri
river In tho census of 1890. The same
thing exists elsewhere today."
Congressman Hurkctl called Judge Lacy'ti
attention to his statement, but Lncy a
usual would not bo Interfered with anil
Hurkett subsided. Hurkctt, who Is among
thoso leading tho fight for the Burleigh bill,
which If pnssed will glvo tho houso 3St
members, said later:
"Tho Massachusetts delegation camo to
tho uiipport of the Hurlclgh bill Intact to
day, tho delegation agreeing to vote ns n
unit on tho measure. Tho California dele
gation will also vote with us, with tho ex
ception of ono member, nnd wo aro galnliij;
votes every day."
Murk Slnrtu for tSnrrrnorNlilp.
Congressman Stnrk, who Is lii favor of the
Hopkins bill, for reasons which ho hns pub
lished In tho county press nnd which Is
Interpreted hero ns paving tho way for
his nomination ns governor In Nebraska on
tho democratic ticket, said that an amend
ment would probably be tucked on to the
Hopkins bill making the membership of the
houso 360, which would add olio representa
tive to the states of Colorado, Florida and
North Dakota. Stark Is a stickler for
Hamilton's Men of a mob In tho house of
representatives nnd ho wnnts to hold tho
houso down to the Idea of one senator to
every three representatives nnd upon this
ratio hangs nil tho law and the prophets.
Applications wero filed todny by Seuptnr
Thurston for tho establishment of rural
frco dollvery routes from Hnrtlngton, Gres
ham and L'turel.
I'lrnr t'p Oiniiliu Mutters.
United States Attorney W. S. Summers
nnd It. S. Hall of Omaha camo In today
front tho west. Mr. Summers explained
that his visit was for tho purpo30 of clear
ing up many things he had under considera
tion with Attorney Gcuerul Griggs, who will
lcnvo the cabinet on March 4.
"I would rather tako my chances," ho
snld, "with a man understanding tho cases
nnd matters pending In Nebraska ns At
torney General Griggs does than with n
new man who would have to revlow them
fully before passing on them. My visit Is
not political. I do not know who Is going I
to bo olected to the United States senate
from Nebraska. Mr. Hosowatcr, I want to
say, has many friends."
tliinuilnry Over Cmw Creek.
Officials of tho Interior department are
In a quandary over the tradershlp on tho
Crow Creek ngency In South Dakota. John
(J. Andorson of Chamberlain was recently
grnntcd n llcenso and It wns his under
standing that Trader Hradley would with
draw. Tho latter contends that ho should
not bo frozen out unless tho new trader
purchases his stock. Anderson Is willing
to do this, but ho reports that tho price
asked by Hradley Is excessive Tho matter
Is further complicated by trouble between
Agout Stephens nnd Trader Hradley. Ef
forts will ho made to adjust tho mnttor
amicably. Tho troublo between Hradley and
Stephens hns resulted In a rencwnl of tho
efforts made soma time ngo to oust Agent
Stephens. Interesting developments In this
connection aro anticipated soon.
Tho Nebraska Nntlonnl bank of Omaha
nnd tho Hanover Nntlonnl bank of Now
York wero todny approved ns reserve agents
for the First National bank of Chndron,
Neb.
Charles L. Stlllwell of Tyndall, S. I).,
has been authorized to practice before tho
Interior department.
Ci'knIoh of A till I.iiiiiIn to Mitten.
Hepresentatlvo King of Utah today Intro
duced n bill providing for tho cession of
arid lands to thu several states In which
they nre located. Mr. King, speaking of
his bill, Bald:
"Hoth political parties havo declared In
favor of the reclamation of arid lands, but
thcro seems to be no Intention on tho part
of olther to npproprlato money for this
purpose, nnd I doubt It tho government will
over undertnko It. It Is, tnereforo, better
that tho arid lands bo ceded to tho states.
Having tho lands under thoir control tho
states could renllzo enough monoy from
their sale or lenso to build reservoirs nnd
Irrigation works."
Senntor Warren today introduced n reso
lution extending the thanks of congress to
Captain Clark of tho Oregon. Captain
Clark has been n frcqirent visitor to Wy
oming, whero ho hus relatives nnd many
friends, at whoso Instance Senator Warren
Is talking tho Initiative In securing a rec
ognition from congress for Cnptaln Clnrk s
meritorious services.
Secrotnry Hitchcock today sustained tho
goneral land otllco doclslon approving tho
Douglas (Wyo.) land otllco rejection of a
protest filed by Klslo Hendricks ugalnst
tho Issuance to Ilryunt I). Ilrooks of a
patent to homestend In tho Douglas land
district.
Howard N, Connor was appointed n sub
stitute clerk In tho Council Hluffs (la.)
postotllco.
George Newton of Cheyenne, Wyo,, was
appointed a clerk In tho Treasury department
IOWA VOLUNTEER IN TROUBLE
Captain ICItiKi I'lirinerlr of lliiliuiiur,
Arrmleil for Acerlit Inii llrllirs
Murkvil nliln Ht'cotrrrtl.
MOHILK, Ala., Jan. 7tlacret Service
Agent K. V. McAdnms todny arrested In
thli city C. W. King, quartermaster and
supervisor of the government works nt
Fort Morgan, Ala. Captain King had, it lu
aliened, Just received Jl.OOd in bills from
J. H. Hobson, a contractor on government
work nt tho fort. McAdams, with n local
detective ns witness, searched the captain
and found $1,000 In hills, King, It Is said,
telling them that if It was ot nny use to
them they knew he would sny he had re
ceived the money from Hobsnn. All the
bills hod previously been recorded nnd
murked, so that McAdams was able to
Identify them. Hobson told McAdams that
this was tho second $1,000 pnld to King by
him. King was taken before United States
Commissioner Klcknrby for preliminary ex
amination. Hobson testified before tho commissioner
that for somo tlmo ho had been having
troublo In carrying out his contracts on
buildings nt Fort Morgnu, about CO per
cent of the material ho furnished being
rejected ns unsatisfactory. About oisht
months ngo, ho said, King npproached him
nnd substantially said that if Hobson mado
nn arrangement with him ho would not
be so hard on him. Tho amount iinmed
by King wns $i',000, and as failure on tho
contract meant ruin, Hobsou ngrecd to
pny $3,000. King snld ho had advanced
that amount ns ho had caused him a loss
by being hard on him. Hobson paid King
$f00 In October and tho same amount In
November and $1,000 today. Captain King
wns bound over In tho sum of $10,000 nnd
up to 7 p. m. had not mado his bond.
King refused to mako a Rtntcment. Hob
son told Secret Service Agent McAdnms
that after ho had begun paying King tho
latter was much easier on hlra, nnd thnt
somo of tho material first rejected had been
allowed by tho quartermaster to bo used.
It Is said tho government has hntl In
formation on tho enso sincojthe beginning,
but hnd been unable to obtain evidence Jus
tifying arrest. King Is a volunteer officer.
Ho enlisted at Dubuquo, la., In 1893, re
ceiving appointment as cnptaln nnd nsslst
nnt qunrtermastcr. Ho served In Porto
Hlco during tho war, superintending load
ing and unloading of transports. Ho was
assigned to Fort Morgan In April last.
Ho has n wlfo nnd two children and has
been well received hero soclnlly. Ho Is said
to havo well-to-do relatives In Iown,
MANY LAND ENTRIES AT STAKE
.NupriMiii Court HiiiiiIm Dinrii DitIkIoii
A met lnK Tllli of Jinny Hflllfrn
In the ortlnvi-Nt.
WASHINGTON, Jau. 7. In tho United
Stiites supremo court todny opinions wore
handed down by Justice Harlan In several
cages Involving tho question whether It wns
competent for tho secretary of tho Interior
upon receiving nnd npprovtng tho mnp of
dcflnlto location of tho Northern Pacific
road In tho states of North Dakota and
Washington to mnko nn order withdrawing
tho odd-numbered sections of thn lands
within tho Indemnity limit from settlement.
Tho test caso cnmo from (North Dakota
tho title being Fred HewltJ, 1plalntlff In
arror, against Kmll and l"Vt J.i.ka 'Sohulte
Tho laud In question wns settled upon by
Howltt In 1S82, but his proof of settlement
wns rejected on tho ground that tho land
had been withdrawn In 1873 by tho secretary
of the Interior as within tho limits of the
Northern Pacific ldemnlly. Tho rallrond
company then sold tho land to Schultz nnd
his wife nnd they entered upon possession
of It. Hewitt Immediately begun proceed
ings to recover tho land and todny's de
rision, which Is final, was In his favor, re
versing tho supremo court of North Da
kotn.
Tho decision of the court Is supported by
tho holding of Secretary Vilas, lendcred In
1SS8, which decision has slnco been fol
lowed by tho Interior department. Tho
court stated that while It was true that
previous to tllat dato tho department hnd
pursued tho opposite course, mill tho do-
pnrtment hnd consistently held to Its find
Ing clnco that tlmo. At best, therefore,
Justice Harlan oald, tho contention of the
railroad peoplo was ono of doubt, iluny
titles had been acquired, said ho, slnco Mr
Vilas' opinion was rendered nnd tho court
did not think the secretary should bo re
versed. Tho opinion added:
"Tho practice of tho land department, if
wrong nt nil, cannot bo said to bo so plainly
wrong as to Justify tho court, after tho
lapse of so many years, In adjudging thnt
It had misconstrued (ho act of July
18G4. Tho order of withdrawal by tho sec
retary, upon which tho tltlo of the railroad
company depends, being out of tho way
there Is no ground to question tho tltlo of
tho plaintiffs to tho land In dispute."
Justices Brewer and Shims united In n
dissenting opinion. Tho decision affects a
largo number of land entries.
SUPPRESS CHINESE PAPERS
Amrrli'iin t niimil ut t'lintnn Mukrn
Di'iiiiiuil null II In Ciiiii
pllril With.
TACOMA, Wash. Jan. 7. The steamship
Jacoma brings news from Hong Kong thn
tho American consul nt Canton has required
tho viceroy of Kwang Tung to suppress
several Bedltlous native newspapers which
wero being circulated throughout Canton
advising tho natives to rlso against foreign
crs. Somo objection was mado when tho
counsul first protested. Ho pointed to th
const defenso vessel Monterey lying In tho
harbor as evidence that his wishes must bo
respected. Tho viceroy then gavo orders
to suppress tho papers nnd arrest nny one
found selling them.
CHAFFEE NAMES THE DEAD
Triinnmltn to War Drpiirtiut'iit n l,lnt
of t'nnunltli'K Aiuontr American
Troop In (ill nn.
WASHINGTON, Jan. 7. General Chaffee
transmits to Die War department tho fol
lowing list of casualties among tho Amerl
can troops In Chlua:
TI3KIN. Jan. 0. Tho following casual
ties havo occurred slnco last report:
"December 29, at Pekln, Frank I). Thomp
son, Troop M, Sixth cavalry, pneumonia
December 30, nt Mung Chow, Michael No
vlns, Company I, Ninth Infantry, pneu
lr.onla; December 31, on expedition, Hlang
Ho, Wllllnm Williams, civilian teamster
quartermaster's department. Less thnn .00
respiratory, malarial, venereal prevailing,
order named. CHAFFKE."
COURT OBJECTS TO NOTE
llrport That Clilurnr I"avon Have
lleen liiNlriicteil Not lo Accede to
ForelKit Terms In Conllrmeil,
PEKIN, Jan. 7. The report thnt the
Chinese court hns Instructed tho Chinese
peaco envoys to refuse to sign tho Joint
note of tho powers to China Is confirmed.
Tho mutter was referred to the southern
viceroys. Prince Chlng, howevor, In
formed tlm court that It was too late nnd
a reply from tho court is expected shortly.
CHILDREN ROASTED TO DEATH
Nineteen Little 0rplia.ni Mest Ilorriblo Fate
in Fire Early This Morning.
ASYLUM AT ROCHESTER, N. Y DESTROYED
Hplonlon In Hip Itnnpllnl Section Pol-
lotrn I'lrnt IllM'o vpr- of I'lniurn,
Senrrn of tlir Iuninti'n ltrliif;
Carrli-il Out t'noonioloua.
HOCHESTKH, N. Y., Jan. 8. Flro broko
out lu the hospital section ot the Rochester
orphan asylum nt 1 o'clock this morning In
Itubbell park and the (lames sprend rapidly
o other sections ot tho Institution. It Is
known that nineteen of tho children per-
shed nnd It is fenred that many moro vic
tims may be reported later.
Tho llro wns first seen by two men pass
ing tho nsyluiu. They hastily sent In nn
alarm nnd then turned their nttcntlon
toward arousing the nurses nud the child
ren. A terrific explosion wns then heard
and lu a moment the entlro hospital section
was in llames.
On tho arrival of tho flro npparatus n gen
eral alarm was sounded, calling out tho en
tlro department. Tho Bmoko began to pour
out of overy window In the main building
nnd tho screnms nnd frnutlc cries of the
children coqld bo heard.
Children and nurses wero carried from the
building, all In nn unconscious condition,
somo dead. Ambulances from tho City. St.
Mary's Homeopathic and Hahnemann hospi
tals wero summoned and tho victims were
removed to tho several Institutions.
There wero 109 children at the hospital
and a corps ot about thirty nurses and at
tendants, Two of tho women attendants nr-
among the dead.
Tho origin of tho flro Is not known nt this
time. Tho property loss will probably ex
ceed $20,000.
TO DEPORT FILIPINO LEADERS
I, Idle Ixliimli-rn Adopt American I'lnn
of Open Di-linli' I.i'inlern Ailvlnc
Acceptance of I.llicrltcn.
MANILA, Jan. ".General MacArthur hos
ordered tho deportntlon of Generals
Hlearte, Del Pilar, lllzon, 'L'.anern nnd
Santos to tho lsluud of Guam. Nino regi
mental and four subordinate olllcers, with
eight civilians, Including Trias, Tecson and
Mublnl, notorious usststiints of tho Insur
rectionists, havo nlso been ordered to he
deported. It Is General MuoArtlmr'H In
tention to hold most of tho nctlvo lenders
of the rebels who have been captured In
Guam until the resumption ot a condition
of pence has been declared.
The first municipal election was held suc
cessfully nt Hagulo, provlnco of Henguct,
Mnturday. Tho Igorrotcs took part In tho
election,
Tho Filipinos In Manila hnvo been en
joying n novel experience recently In tho
holding ot free, open political meetings.
Most of tho addresses nt (bono meetings
wero mado by former officers of the In
surgents, nil of whom asserted thnt tho
licit way of hceurlng personal liberty Is to
accept tho liberties guaranteed by tho eon-
nui-i.ion ar.tt government of the United
States, which Is what American sovereignty
niaiKis ror. Tho and ences were creatlv
Interested and mnny ot those attending the
meetings signed tho federal party declara
tion.
Tho Construction of a rohnl nrlann nl
CJougnpo, In addition to those nt Manila,
will bo begun shortly.
COMPLIMENTS VOLUNTEERS
General MiicArtlnir Aildrenen Itcxl-
Ilient llcfore It Sulln
for Home.
MANILA, Jan. 7. General MncArthur. ac
companied by his stnff, reviewed tho Thlrty-
soventh regiment of volunteer Infantry on
tho Luneta Hold this aftonioon. All the
companies wero together almost for the
first tlmo slnco tho regiment was organ
ized. After tho review tho regiment was
drnwn up In closo order and General Mnc
Arthur, In n farewell address, congratu
lated the olllcers nnd men on their bravery.
discipline and Judgment, concluding Ills re
murks with n hearty "God bless you, com
rades."
The Thlrty-sovonth will sail for homo on
the transport Sheridan Thursday. Moro
than half tho men nnd many of tho olllcers
como from Tennessee.
EX-MAYOR WEARS STRIPES
Former Mtreiillvu Impr UimiimI for
MnllliiK Olilcc ttoiiulilc
I,cllcrn.
SIOUX FALLS, S. 1) Jan. '7. (Special
Telegram.) Hlchard A. Tubbs, ex-mayor of
Alccster, after it desperato legal battlo with
tho United States authorities lasting two
years, was this afternoon lodged In tho
Sioux Falls penitentiary to servo n term of
two years for sending objectlonablo letters
through tho United Stutes mail. Owing to
tho promlncnco of tho defendant, tho caso
has perhnps nttracted wider Interest than
any case tried In tho federal court of
South Dakota for severul years. Thn letters
wero written lo u young lady with whom
Tubbs Is alleged to havo been Intimate.
Ho wns nrrested early in January, 1S99,
and was twice tried and convicted In tho
federal court. Tho United States circuit
court of appeals, to which ho appealed re
cently, affirmed tho action ot the lower
court In sentencing him to two years' Im
prisonment. Petitions asking that ho bo
pardoned hnvo been circulated and will ho
presented to President McKlnley for action
Decide It Wan Her Otto Dee. I.
SIOUX FALLS, S. D Jan. 7. (Special
Telegram.) Tho coroner's Jury in tho caso
of Kllen M. Strong, or Klnyon, tho girl who
died In n hotol early Inst Saturday morn
ing as tho result of taking a doso of nrscnlc
returned a verdict that deceased camo to
her death by poison udmlnlstercd by her
self. .Mrs. Horton, tho mother, and a sister
of tho dead girl ot Dolmont, la., wore
present.
More Double Trucks,
CIIKVKNNE, Wyo.. Jan. 7. (Special
Telegram.) It Is announced thnt tho
Union Pacific will also build n doublo track
from Green Hlver to Hock Springs. Uugl
neors aro now making surveys. Trafilc, on
nccouut of shipments of coal from Hock
Springs, Is frequently blocked between theso
two points nnd tho company Is said to bo
nnxlnus to ollmlnnto tho difficulty.
Stupe I'lihrciiKf r lliii'ly .MiiiUcii,
THEHMOPOLIS,, Wyo., Jan. 1. (Special
Tolegram.i Tho Casper-Thermopolla stage
was overturned on n high hill south nt
hero and tho passengers thrown over a
Muff. All received serious Injuries, and
Mrs. E. S. Harris of this plnco was fatally
burned by her clothing catching llro from a
lantern carried InBlde o' tho coach,
lluliolx In l( i' ll in I Ii ll I -f I ,
HOISE, Idaho, Jan, 7. Ex-Scnatnr Fred T
Dubois was nominated by the Joint cnucu
at 3 o, m, for United States senator.
CONDITION OF THE WEATHER
Forecast" for Nebraska Cloudy nnd Cold
Today; Cold Wave ut Night, Wednertlay
Fair, with llrlsk North iiuln.
Trtiiprrnturo nl Omaha Vrnleriln j l
Hour.
ett.
. Ill
. Ml
Hour. Ili'K.
1 p. iu :i
2 p, ui I'll
:i i. tn ".ii
I p. tu 7
r. a, ui,
II n. in.
7 n. in.
III
17
i-MI
'Jti
S it. tn
It a. in
Ill ii. tu
II ii. iu
I'Jt in
r. p. iu.
ii p. in.
7 p. III.
N p. iu.
tl p. in.
as
III
.'It
CALEB G. JESSE PARDONED
lie II ml lleen Coin Iclrtl of SlinntlllK
Hilllor I'm n I. Ilrllllit ut .Mnr
vlllc, .Mo.
MAHYV1LLE, Mo.. Jan. 7. (Special.)
Caleb G. Jesse, who was convicted ot shoot
ing Frutik Grlllln. editor of Griffin's Mury
vlllo Dally Hcvlow, In tho February term of
court and sentenced to two years In the
peultentlary, was pardoned by Governor
Stephens nt Jefferson City today nud Is
expected homo tonight. Tho pardon has
created considerable excitement In Mnry
vllle, owing to tho widely diverse opinions
ns to whether Jvbso should have been pun
ished nt nil or whether his scntciicn should
hnvo been much moro severu that It was.
Grlllln was shot on April S, 189!), on the
Main street of Mnryvllle nnd Jesse's con
viction wns only secured lifter two t'.ials
of unusual length nnd In which somo of
tho best criminal lawyers In northwest
Missouri were engaged on both Bides.
Jesse wns in Jnll In Mnryvllle ten monttm
pending trial nnd after his sentence wns
kept hero llvo mnntliB during a uunran
tlne of tho Missouri penitentiary against
smallpox. Ho wns In the penitentiary six
months, thus making his entlro confine
ment about twcnty-oiio months. It Is ex
pected that tho pardon will nrouso a storm
of criticism ntnong tho formers of tho
county when It becomes known to them, for
Grlllln, the man killed, wns n populist and
tcmperanco leader and his death was by
them regarded as akin to martyrdom. Only
tho family nnd n few of Jesso's most Intl
mntu friends knew thnt nn attempt to ob
lulu a pardon wns 'being mndo.
ARMOUR FUNERAL TOMORROW
lliirlul of Millionaire Man of Hunlucnx
mill I'liilnutlirnplNt In He
ill G ruceliinil.
CHICAGO. Jan. 7. Tho funcrnl of Philip
D. Armour will ho held ut 1 o'clo?;
Wednesday afternoon nt tho home, 113
rnlrlo avenue. Thoso who deslro to look
upon tho face of Mr. Armour will ho given
tho opportunity prior to tha funeral. The
body will llu In stnto nt tho Armour homo
from it a. in. until noon.
While tho holding of tho funcrnl from
tho house will necessarily restrict tho num
ber In nttendance, all of tho Armour em
ployes lu Chicago, who number thousand:,,
will bo Invited to view the body during thu
mornlns hours.
Hcv. Frank W GunsnuluR will preach the
funeral sermon. Tho burial will bo lu thw
family lot nt Grnccland nnd tho pallbearers
will bo business associates of tho deceased.
On tho day of tho funeral all of tho plants
and oftlces of tho Armour company In Chi
cago und other cities will bo closed for tho
ntlro dny.
MRS. O'NEILL DISCHARGED
Hurley Klntt'n AVIfe Flnnll; lUtrl-
cutcil from Trouble ('rented Uy
Her A'uiiieroiiK Creditor.
CHICAGO, Jon. 7. Tho financial troubles
of Mrs. Evangeline Clare O'Neill, wife of
Henry J. O'Neill, known ns the "barley
king," camo to nn end today when Judge
Kohlsnat In tho I'nlted States district court
entered an order discharging her from
all Indebtedness. Tho settlement of the
bankruptcy proceedings was tho result of a
compromlso with Mrs. O'Neill's leading
creditors, tho creditors whoso claims wero
ulowed receiving nearly 60 per cent of their
claims. Tho bankruptcy caso of Mrs.
O'Neill has been ono of tho most notnbln
In tho history of tho district. In ISO!), when
proceedings were brought ngalnst her, Mrs.
O'NoIll lied, first to Haltlmoro nnd then
to Montrenl, whero sho was arrested.
When released Mrs. O'Neill wont to Paris,
whero sho attracted attention by a pub
lic salo of costly robes and other personal
effects, Including 315 gowns and 165 hats.
ANOTHER BRITISH WAR LOAN
,eiv York 1111111(1111? (irclrn Inlcrenleit
lit Ilepnrt Thill HiikIiiiiiI ,Mii
AVmil Mure .Money.
NEW YORK, Jan. 7. Tho talk of tho pos
sibility of another British wnr loan to meet
tho expenses of tho protracted campaign
In South Africa wus heard today iu local
banking circles. It wns genernlly believed
that thn floating of such a loan would ngiiln
find American bankers ready to take up a
largo Bluiro of It.
GOLD WILL GO TO EUROPE
Ncrv York Look for nnlilrn Oullloiv
on Account nf IIIkIi I'rlce
nf Htcrllnnr.
NEW YORK, Jan. 7 Students of the
monoy market and foreign exchnngo figure,
nftcr today's ndvanco In sterling exchange,
that exports of gold to Europe aro Inevi
table. In fact, It was unofficially stated
that somo $50,000,000 gold had already been
collected to meet tho first call, but no en
gagements wero nnnounced.
AFTERMATH OF DENVER RIOT
County ComiulnnloncrN Fined tjtH
Koch liy .Indue llumrr for Con
tempt nf Court,
DENVER. Colo., Jan. 7. Judge Hutlcr to.
day fined tho Hoard of County Commission'
era $250 each for contempt of court In vlo.
Intlng n court order by forbidding tho shcr
Iff to appoint deputlrn to guard tho polls
on olectlou. A clash between a posso of
tho sheriff and tho pollco resulted In tho
death of four mtn nnd tho serious wound
Ing of others.
RATHER COLD UP IN MANITOBA
KcporlH from llriiuilon Indicate Thai
Tlicrinomclcr In iin DeKreen llc
lov Zero,
HRANDON, Man., Jnn. 7. For thrco days
the mercury has been ranging from 35 to
45 below. No deaths havo boon reported.
Clcmeitej Ankcil for Fcrrrll,
COLl'MHCK. O., Jan. 7.-Formal unpllcii.
tlon for clemency for Hosslyn II. Ferifdl
under sentence of electrocution for tho mjir
dor of KxnrrHH Messeniter Lune last Aucusl
was (llfil today with tho Htuto Hoard of
I'aruoiis. 'i ne reasons anege tne youin oi
the prisoner, his ago being 22. his circum
stances at tho time of thn crime, which Is
In UI to h ive unbalanced his mind, mid
doubt that the Jury was free from preju
dice Tho Hoard of Pardons meets In spi-i-uil
session to heur the uppeul on Thurs-
"uj
LEADING TO A CAUCUS
Republican Members of Legislature Will
Confer on Conditions.
DAVE MERCER AGAIN ON THE GROUND
Returns with His Political Ifanagors to Ees
tho Game Out.
SOME TIPS FOR SENATORIAL PROPHETS
How the Hold-OTor Members Voted in ths
Struggle Two Years Ago.
STATE C0NMITTEE MEETING CALLED
Chairman l,lndnu Haym It In tn Con-
nliler .Some .Matter Left Over fruiu
I lie I, ate Mate Ciiiupttluit
They Outlier.
LINCOLN. Jim. 7. (Special.) This even
ing there Is In circulation among republican
members a paper calling for n conference
to be held on Thursdny night to consider thn
condition:! nf a caucus on tho senatorial
quest lou. Newell and Owens aro circulating
tho paper, which Is lecelvlug somo signa
tures tonight
Dave Mercer returned lo Lincoln tonight
with his campaign chairman, T. W. Hlnck
burn, nftcr u cnnferetico nt Omnha today.
Dave concluded ho still hnd a chance of get
ting some votes nnd he decided to tako an
other throw nt tho game.
Considerable Indignation wns expressed
hoto this evening In regnrd to tho tactics
adopted by tho Douglas county fusion pros
ecuting attorney In his persecution of Ed
ward Hosewuter. It wns rumored nbout tho
lobbies of tho hotel thnt Miles Mitchell,
chief of pollen of South Omaha, was hero
with additional warrants. This provoked
many utterances of earnest denunciation.
Tho rumor proved unfounded, however.
I'lKiiren for I'orcciinlern.
Tho tlmo Is arriving when political
weather forecasters nro beginning to try
their hands nt figuring on tho senatorial
line-up, but 11 is still a trllto early to hit
with nny precision. Ono factor, howovor,
that can bo reckoned with with somo knowl
edge of their prodcllctlons, Is tho second
term membership.
There nro eight republican senators and
twelve republican houso members, making
twenty In nil, who served In tho last legis
lature, and havo been ro-electcd. Two
years ago they participated In tho senatorial
contest which resulted In tho election ot
Hnyward and which numbered nmong tho
rival aspirants several who aro again In
the running.
Going down tho list, wo hnvo ns second
term members In tho senate, Herlct of Ne
maha. Arends of Otoo, Newell of Cass, Cur
rlo of Custer, McCargcr ot Saline, Stceln of
Jefferson, Allen nf Furnas and Oivcna of
Dawson, nnd lu tho houso, Wcnzel nnd
Scott of Pawnee, Armstrong of Ncmnhn,
Smlthbcrger ot Stanton, McCurthy Ot il.ton,
Iiuio of Lnncnstcr, Hlbhert of fiago, Hels
ncr of Thayer, Fowler of Kllltnoro. Patdnll
of York, Hrodcrlck of Clay and Ilathorno
of Hcd Willow.
Seven Were llnyivnril Men.
Of theso seven wero for Huywnrd from
tho ntnrt and remained with him without
change to tho finish. Theso cevrn wero:
Scnntors Arends, Nowell, Currlo and Owens
nnd Representatives Sandall. Hrodcrlck nnd
Ilathorno. Two ot tho men enumerated,
Armstrong and Herlct, began two years ago
by voting for Thomas J. Majors, but after
tho second ballot Joined In tho Huywnrd
column. Senntor Stcclo nnd Representa
tive Helsncr gavo complimentary votes lo
E H. Hlnshnw before going over to Hny
ward. Wcnzel nnd Scott of Pawneo dis
tributed their first favors to Allen V. Field
nud G. M. Lnmbcrtson, respectively, whllo
Senntor Allen started out for Field ond
Fowler for I.ambertsou. McCarthy two
years ago was ono of tho two pillars for
Judgo M. H. Reese. Hibbort voted n fow
times for Jefferson II. Weston for United
States senator all of theso finally lining
up for Judge Hnyward,
Thnt leaves two second-termers yet to
bo accounted for Senator McCnrger, whoso
voto was repeatedly recorded for Judge A.
Cornish until It swung in for u. h.
Thompson, nnd Ropresontntlvo Lnno of Lan
caster, who was ono of tuo original 'inomp-
snn men.
This classification may havo Ilttlo direct
bearing on tho preferences of theso loglB
lotors now, but It offers some food for re
flection In ocnatorlal arithmetic.
State Conimlllcc .Meellnir,
Chairman Lindsay und Vlco Chairman
Young of tho republican stato committee nt
u conference today decided to en 11 a meet
ing of tho republican st'.te commltteo, to
bo hold hero nt Lincoln noxt week, Moti
day evening- Tho meeting, thoy assert,
has nothing whatever to do with tno s'lnn
torlul contest, hut Is for tlm purpoBo of
closing up tho work of tho Inst campaign
and deciding to what extent tho commlttea
organization shnll continue to exert Its
nctlvlty.
All tho Douglas county delegation was
on tho ground promptly todny when tha
leglslnturo reconvened. Senntor Haldrlgo
had mndo the trip to Chicago and back,
bringing news that his wife, who hud been
111 there, Is much Improved. Representa
tive MLCoy remained over Sunday In Lin
coln to nurso his injured foot, which Is
mending nicely.
Ex-Governor Poynter mndo his appear
ance In tho hotel lobby today. "I novnr
felt bettor In my life," responded tho
"o former governor to nn Inquiry, "i teui im
mensely rollovod nt being freed from
official responsibility." Mr. Poynter nnd
his family will remnln In Lincoln during
tho winter. As member of thn Stnte Hoard
of Agriculture, ho Is Interested In Its pro
posals lor legislation nnd approprlatloni
nnd will doubtless bo found lending a
helping hand to ex-Governor Furnas, tho
secretnry, who Is olready hern.
SENATE HELD SHORT SESSION
Reception of New llllln Almont tho
Only Hiinlncnn Truimncled Uy
the Hod j-.
LINCOLN. Jan. 7. (Special.) Tho son
nlo was In session less than an hour to
day, but during that tlmo tho momhers
look ndvaiitago of tho opportunity to pre
sent bills for their first rending, seven
teen of theso documents being recorded to
day, which brings tho total up to fifty-six.
Martin of Richardson Introduced n bill to
day providing for tho repeal of the law
which was passed at the last session ostab
lUhlng a barbers' examining board. Ot
Interest to the publishers of country news
pai era is a hill introduced by Owens ot
Dawson, which defines whnt nhall consti
tute a legal newspaper In Nebraska, Ac
cording to Senator Owens' bill, any news-
(Continued on Third Patfo.)