The Omaha Daily Bee.
JSSTAJJLISJXED JUNE JO, J 871.
OMAHA, TUESDAY Jo, 190J-TEX PAGES.
SINGLE COPY" FIVE CEXTS.
MUST GO BACK TO CUBA
Bnpremt Oourt Holdi that Nealy, Alleged
Embtzzlir, ii Subject to Extradition.
NOT ONE DISSENTING OPINION EXPRESSED
Decision BnsUini Contention that Late
Spanish Oolony ii Foreign Territory.
EFFECT OF UNITED STATES PROTECTORATE
Appointment of Military Qorcrnorby Preii
dent Does Not Affect Iiland'a Statui.
POWER OF CONGRESS IN MATTER REVIEWED
Justice Ilnrlnu Ileniln Kxhnnntlve llr-
nmc of Ihe Knctn lirnilliiK I'P
tu the 1'rnfiil Con
Irot ersr.
WASHINGTON, Jnn. II. The United
Btntcs supremo court today announced It
decision In tho case of C. K. W. Necly,
charged with embezzlement of the public of
funds ot Cuba, while acting as finanlcal
ngent of tho department of posts of that
Island, holding that Necly wbb subject to
extradition.
Justice Harlan handed down tho court's
opinion, which was unanimous, and Imme
diately after tho opinion was concluded an
order wna Issued requiring that the man
dato In the case bo Issued at once.
The opinion embraced n complete review
of tho case, cxplalnlnf Ncely'H rrlmo and
arrest nml his etforts to prevent .'xtru.ll-
tlon and quoted tho act of Juno 6. IWm-
tending tho provisions or Bceuon tu.u oi
tho revised statute to foreign countries
which uro "occupied by or under the eon
trol of tho United States." so an to make
tho law cover, among other crimes, em
bezzlctncnt In such countries.
flclatlng that the circuit court for the
Southern district of New York, to which an
application for n writ of habeas corpuo
had been made, had rendered a decision ad
verso to Xcoly's claims, Justice Harlan
said that ho bad then appealed to this
court on tho ground that the act of Juno 6,
l!tf)0, was unconstitutional. Kntcrlng there
upon, his roasonlng In tho case, Justice
Harlan said that there was no dUputo that
on the 6th of June, MOO, when the art un
dcr which this proceeding Is brought be
camo a law, Cuba was "under tho con
trol of tho United Stntcs" and "occupied
by this government." "The court," ho snld,
"will tako Judicial notlco that sucti were at
tho dalo named, and nro now, tho rcla-
tlons between this country and Cuba. fco nprvnttvoB to pnss tho canal bill and bo
that tho applicability of tho nbovo act cllUBUi n gpt0 0r tho largo surplus, bo llt-
to tho present case nni mis is mo nrsi
nucfltlon to bo examined depends upon
the Inquiry whether, within uh meaning,
i. - ..v.
Continuing, ho Hald: "Wo do not think
hi. M,iinn u nil .iifflruit of solution
If regard be had to tho avowed objects In-
. - -. . j - ..... , i... .1.. ... ...i.u 1
irnncii to un uccuiuuiiaiieu uj wiu wui mm,
Spain and by tho military occupation of
that Island."
l.pRlNlnllon Preceding the Wnr.
Justice Harlan then reviewed thn legls
Iatlon preceding the war with Spain, quot
lng tho Joint rcHolutlon of April 20. 1S98, and
the declaration which followed on tho 25th
of tho samo month. Tho protocol between
the United States and Spnln and the Paris
treaty, are reviewed for tho purpose of
showing not only thn relation of tho Untied
KlnteH to Cuba, but Spain's relinquishment
of sovereignty over tho Island. Xotlcc was
inken of thn establishment of n military
government over Cuba and Governor
Ilrooko's proclamation of January 1, 189!),
w.as quoted, Tho Justice then referred to the
governor's establishment of various de
nnrttnontn In order to promote tho civil
government of tho Island. Ho also called
attention to tho promulgation of the postal
code suporscdlng all other Cuban laws re
latlng to postal nffalra and related that on
tho 13th of Juno last Governor Wood had
mado his requisition upon tho president
for Xeely.
Announcing tho court's conclusions on tho
status of Cuba Justice Harlan said: "Thn
fncts abpvn detailed mako It clear that
Cuba Is foreign territory within tho mean
lng of tho act ot Juno t, 1900. It cannot bo
legarded In any constitutional, legal or In
ternational sense a part of the territory of
tho United States. Whllo, by tho act of
April 25, 18SR, wnr was declared between
this country and Spain, tho president was
directed and ompowcred to uso our entire
land and naval forces, as well as tho mllltla
of tho several Htates to such extent as waa
necessary to carry the act Into effect "
That authorization was not for tho purpose
of making Cuba nn Integral part of tho
United States, but for the purpose, ot com
polling tho relinquishment by Spain of its
authority and government In that Island
and the withdrawal of Its forces from
Cuba and Cuban waters. Tho legislative
nnd executive branches of the government
liv the Joint resolution of April 20, istiS,
oxprcBsely disclaimed any purpose to oxer
dsn sovereignty, Jurisdiction or control
over Cuba, "except for the pacification
thereof," and asserted tho determination
of thn United. States to leavo tho govern
meat and control of Cuba to Its own poo
pp. All this that has been dono In rcla
tlon lo Cuba has had that end In view and
so far as tho court Is Informed by tho pub
Ho history of Ihe relations of this cnun
try with that Island nothing has been dono
Inconsistent with tho declared object of tho
war with Spain,
Culm Ik l'orcliiii Territory.
"Cuba Is nono tho less foreign territory
within tho meaning of tho act of con
gress because It Is under a military gov
ernor appointed by and representing tho
president in tho work of assisting tho In
habitants of that island to establish a gov
ernment of their on, under which, as a
free nnd Independent people, they may con
trol their own affairs without Interference
by other nations, Tho occupancy of tho
Island by troops of tho United States was
tho necessary result of tho war. That re
sult could not have been avoided by the
United States consistently with the princi
ples of International law or with its obll-
watlons to tho people ot Cuba. It Is true
that as between Spnln and tho United
States, as, Indeed, bctwoen tho United
States nnd nil foreign nations, Cuba, upon
tho cessation of hostilities with Spain, and
after the treaty of I'arls, was to be treated
as If It were conquered territory. I3nt as
between tho United States aud Cuba that
Island Is territory hold In trust for tho In
habitants of Cuba, to whom t rightfully
belongs, and to whoso exclusive control It
will be surrendered when n stato govern
ment shall have been established by their
voluntary action,"
Timer of Conuresa In I.i'ulalutr.
Tho rourt also outlined the power of con
gribs to legislate In tho premises, saying
(.Continued on Second Page.)
POPE PROTESTS IN VAIN
Chntnher of Deputies Mantilla Kreneh
Uo rrnmrnt In Move lo Suppress
Itrlluliiux (Irilpm.
i. 14. In the Chamber of Depu-
rovornnicnt was Interpellated
by M
bat, radical socialist, on
thn "Intcre
tho pope In Ihe do
mcstic affairi
ns shown In the
recent letter
Cardinal Rich
ard, the urchMshop oBTijs, dealing with
tho proposed bill of thcT premier, M. Wal-
dcck-Kousscnu, known as (ho law of tho
associations and aiming at tho suppression
of religious communities, In which tho pon
tiff defended tho religious order.
M. Sctnbjt asked the government to pro
test against this letter. M. Ulbot, the
former premier, defended tho pope, whom,
he said, was entitled to raise his volco whon
he thought religious Interests were In peril.
Tho statement called forth cheers from the
rightists r.nd centrists. When the vote was
taken tho government was sustained 310 to
110.
Tho debate started with an explanation
by M. Waldcck-Rotissrau, who said the gov
ernment saw no threat In the pope a letter
as to missions In tho cast.
"Tho letter of his holiness," continued
the premier, "simply Bald that If the French
missionaries disappeared they would be re
placed by foreign missionaries.
"Tho government will not tolerate the or
ganization of resistance ngalnst the laws
of tho country. No Interference on the pHrt
tho popo will bo allowed, when It ts
voted upon. Tho pope has rights as the
spiritual head of Catholics, but the Btatc
also lias rights, written In the concordat,
which It will see respected."
This declaration rallied around tho gov
ernment all tho leftists and centrists, who
voted approval of the pcrmlir's declara
tion by I -'I to 95 and conlldcnco In his
firmness to assuro tho defense of the rights
of tho state.
Thn chamber then adopted a resolution
embodying both paragraphs
othor rxlreml8l motions.
ono proposing
tho separation of church and state and an
other proposing to denounce tho concordat,
wero rejected by overwhelming majorities.
Thn chamber wns crowded with deputies and
notablo visitors In thn expectation that
tho debate on the law of associations would
bo begun. Today's results have greatly
olatcd thn ministerialists, who declare that
It presages victory for tho law of associa
tions.
HERR RICHTER FINDS FAULT
Itnillenl Lender Attack Ihe linvern-
ni cut on Un Aetlon un In I In- Cnnnl
Illll nml Theater ('cnmirlilp.
II Eft MX. Jan. II. The first reading of
the budget began In tho Prussian Diet
today. Herr Klchter. the radical leader.
criticised Dr. von Mlqucl, the finance mln
gtcr. because ho had not advtBed tho con
tln hml urcn ,ionp fnr sochI rcf0rms, espo
ciniiv i tilc direction of hotter dwolllnas
tor tno owcr cnsscB.
OIiJooIm o Tlienler Crnp.orsl.lp
" Klchter also criticised flnron von
Khclnbabon, the minister of the Interior,
'r over-strlngcnt theater censorahlp. dl-
reeled: hn 'ftut,!. 'tnnrit .ifrfltnHl" thn lendem v
"
ot plays than morals.' Both thn cnblnet
ministers replied vigorously.
Kdwnrd Ilcmsteln, tho socialist who was
expatriated from Germany years ago. will
return lo rrussia next montn, tno rrtissian
eovernment having abandoned further pros
ecutlon. It 1h said he will Immediately
stand for the Reichstag.
Thn Prussian government has contracted
for !!S5 locomotives, fiO.'i passenger ears aol
a.fiGO freight cars, costing 33,715,000 murks.
Tho Gcrmnn sugar syndlcnto has agnln
rnlBcd tho prlco of refined sugar 110 pfgs.
ner 100 Kilos. It has now altogether rnlscd
the prlco 515 pfgs., thus securing for tho
syndlcnto 75,000,000 marks additional an
nually.
Two Ilerltn nrtUts, Horr Guldo Krohberg
and Herr von Dor Wondo, wero drowned
today while skating on Lake Schwollow
UryliiR lint Pontine MnrnliPft.
Private advices from Homo assert that
the king and government of Itnly havo ac
cepted a great project by Count Czapskl
and llaron Douglas, Germans, for drying
nut tho Ponttno marshes and rendering
thorn habitable and fortlle. Xcgotiatlons
with opposing owners along tho marsh havo
taken a favorable turn,
C0QUARD STILL UNCAUGHT
IloiiNe or I'liKitlve, Who Killed ('Ill-
sen, Siiri'oiimleil by Tronpx nntl
lieiiilnrmeN Afrnlil to Approach.
TKOYKS, Franco, Jan. 11. Today nu
enormous crowd gathered at St. Savin,
near tho house of M. Coquard, who last Fri
day, when pursued by tho police, shut him
self In tho garret and threatened to 1:111
nnvono who approached. Tho hoiuo Is
now cordoned by troops and gendarmes
at a distance of 500 yards. Tho killing by
Coqunrd yesterday of a citizen, who, nn
his own responsibility, attempted to mako
terms with tho fugitive, has terrorized the
spectators and no noo dared to enter tho
building today, although nothing has been
seen nor heard of Coquard.
Tho gendarmes fired shots Into tho build
ing In the hopo of Inducing him to appear,
but thero was no response, and It Is be
lieved ho cccupcd last night or hnnged him
self. Tho house will bo entered tomorrow.
ROBERTS WANTS NO FETING
Vrlle I.oiiiIoii'm Lord Mnyor Unit He
VIlie Ileeeptlon Temnn
rurll)' 1'iiHt polled.
LONDON. Jnn. II. Lord Roberts has
written a letter to tho lord mayor of Lon
don, Frank Green, postponing the city's
reception and expressing tho opinion that
In tho present unhappy circumstances in
South Africa there should bo no further
feting for some time. His lordship's de
cision applies to all similar proposed func
tions. Ho Is vUltlng tho queen at Osborne
today, but It Is said his visit Is not con
nected with tho war.
PROTOCOL SIGNED AT PEKIN
Minister I ulle In I'rnlrNt AkiiIiihI the
Aliiiiiiluiiiueiit of An;- C'luuse of
the Joint .Vote.
PKK1X, Jan, 14. A protocol was signed
this morning with tho idea of protesting
against tho abandonment of any clause In
tno Joint note.
ITALIAN STEAMER WRECKED
Man' HoillrH Wunbeil Aehore from
the Wreck of the
Venue!,
LA CHIAPPA. Island of Corsica, Jan. H.
The Italian steamer Loone has been lost.
Many bodies from the wreck havo been
i washed uahore.
BRUTES PLACED ON TRIAL
Men Charged with Murdering Jennie Boas
chfiter Arraigned in Patcnon Oourt.
HACK DRIVER TELLS SHAMEFUL STORY
I'uor Mill (Slrl Snlil lo Itnrr llrrn Al
iikkI Demi When UrnuKi'il from
Cnrrlime In Ihe Open Com
mon Mini AAnullcd.
PATHRSON, X. J., Jon. II. The trial of
Walter T. McAllstcr, Andrew Campbell nnd
William A. Denth, three of the four men nc
cueed of the murder of Jennie Ilosschclter,
n mill girl of this city, under circumstances
revolting In ihclr utter lack of humnuo
considerations, was begun today beforo
Judge Dixon In the Passaic county court of
oyer nnd terminer. George J. Kerr, the
fourth man under Indictment, was not In
court today, as ho has been granted a sep
arate trial on tho ground that he war. not
present when Iho fatal doso was admin
istered to tho girt.
Ilcforc tho trial was begun It was ex
pected that at least two days would bo nec
essary to complcto tho Jury, but Judge
Dixon cnrrlcd tho proceedings on with such
vigor that within ono hour after the court
was called to order he had empaneled
twelve Jurors and heard tho opening ad
dress of the prosecuting nttorney. Tho re
mainder of tho day saw four of the principal
witnesses In tho casn questioned. Mra. Xlna
lloMscholter, tho mother of tho unfortunato
girl, wns one, her daughter, Susie, another;
Christopher Seal, tho proprietor of tho sa
loon where It Is alleged tho drug was ad
ministered lo the girl, was tho third, and
Gus Schulthorpe. thi! cub driver of tho mid
night drive, wns last. .Mother and daughter
told of Jennie's llfo at homo nnd nt the
mill. Schulthorpc, In his crude, unvnrnlshed
wuy, told to tho minutest detail tho story
of tho crime. Ho graphically described thn
taking of tho nlmost unconscious girl from
thu saloon to the victoria, the rldo to tho
country nnd tho unspeakablo crlmo commit
ted on tho dend, or almost dead, girl. Ho
was tho most Important witness of tho day.
Whole Clly AtleiulH Trlnl.
Appnrcntly nothing but tho murder caf.o
was on tho mind of tho Paterson people
today, and tho court house was thronged
nil duv by a great crowd of people trying
to get lu. There were n number of women
present.
Aside from the four principal witnesses
cxnmincd today there wero on the stand
55. W. H. I'oundn, n surveyor, who gnvo
nn exact location of the place whero tho
body wns found; Cornelius Carry, a team
ster for the Ice company, who found the
body; Leonard Knitiprllng, who testified thnt
ho saw Jennie Ilosschlotcr talking to
Campbell on tho nlrjht of tho murder;
Nelllo Dcvrles and lierthn Dysen, com
panions, who testified thnt Ihey saw Jen
nln Ilosschlotcr nnd Campbell together
early In the night preceding tho murder.
In tho opening address Prosecutor Emley
said he would ask for a verdict of murder
In tho first degree, and quoted tho law to
tho effect that any person who should kill
another In tho perpetration of assault shall
bq guilty flfJOirdcjJntt.bpflf!,t degree. ..
Jennie sinyed- Out I.nlr.-
Mrs Nina Ilosschlctcr, Jennie Ilyscblc
ter's stepmother, was tho first witness.
Mrs, IloHschletor said Jcnutn left tho houso
about S o'clock p. m. on tho 18th of Octo
ber nnd saying she was going to a drug
Btore. At 10 o'clock p. m. Jcnnlo had not
returned and Mrs, Hosschleter went to bed.
She got up nt about 5:30 In tho morning
to prepare breakfast. Sho did not know
then that Jennto had not been homo during
tho night. Sho anw tho body when It was
brought homo that evening.
On cross-examination by Dr. Dunn Mrs.
Hosschleter said that Jcnnlo sometimes re
mained out lato at night, but, sho always
thought that the girl stopped with somo
friend.
Mrs. Hosschleter admitted that on somo
of these occasions when Jennie remained
out lato sho had to knock on the door or
window to arouse some member of tho fam
ily so that she could get In.
Suslo flosschletcr. who followed her
mother, testified thnt Jennie, on tho oven
lng of October 18, snld she Intended to
call on Mrs. Klatts. On cross-examination
tho witness said Jennlo occasionally re
malned nwny from homo nt night, but sho
was always at tho houso of n woman friend
and generally at Mrs. Klatts.
Cornelius Gnrry, n tenmstcr, snld he found
thn body of thn murdered girl lying on
her buck with the feqt townrd tho river
Her clothing was disordered nnd her hat
wns lying about four feet from tho body.
llenril Ihe (Slrl tiny "Nn, .Vol"
Locnnrd Kammerllng testified that ho
know Jennlo Uosslchlctcr well. Ho saw
her nt tho' drug ntoro on tho night of Oc
tober IS. Sho was talking to Campbell,
ono of tho defendants. Another young man,
whom ho did not know, wns standing near.
Jennlo said good ovcnlng to tho witness
and ho returned her salutation. Ho got a
cigar and stood on the curb and wntched
Jennie and Cnmpbell for n while. Hn could
not hear their conversation. When ho
first saw them ho heard Jennlo say, "Xo,
no!" In a snappish way. Sho appeared
rather pale.
Nellie Devrles saw Campbell on tho side
walk at Saal'a saloon and Jennie was with
him. They entered the sldo door and an
other young man Joined them. Tlcrtha Dy
son, Nellie's companion, told tho same story,
Christopher Saal testified that ho owned tho
saloon at Ilrldgo and River streets. Ho re
membercd tho night of October 18. Mc
Mister ordered drinks and carried them
into tho rear room. Latrr on ho went to
tho rear room, McAllstcr. Campbell
Death and a girl wero seated nt a table
McAllstcr ordored a bottlo of champagne
Witness carried It and glasses Into tho
room. Ho then had to go to tho cellar
and when he emerged tho party was gone,
"Did you see any of tho party tho nox
day?"
"Yes. Mr. McAll3ter the next morning said
to mo: 'That girl Is dead.' I said: 'I have
nothing to do with It.' McAHster said
would not glvo them away If anyone camo
around. Ho snld If even a big reward was
offered I should Btlck by him."
llneUninn Tel In llin Story,
Hackman Scbulthorpe, In whoso vehlclo
tho men and girl wero hauled, said on the
night of October 18 a young man camo to
him and engaged his victoria. Tho man
was George Kerr. Kerr told him a party
ot four would use the hack and ordered him
to drlvo to Saal'a saloon. He said Mc
Allster, Campbell, Death and Kerr camo
out with a woman. Tho young woman wa
placed In a rear seat. The witness was
told to drlvo out along tho Goeffio road to
Leo's place. Leo's placn was closed, so
thoy pulled up Into the Hock road. They
went along this to a point beyond tho rail
road tracks. Ho was then ordered to stop
The place whero ho stopped was a clear
ono with no bushes. All four men left
tho carriage. They lifted tho girl ou
about as they lifted her In. Thoy had'
thrown tho blanket on his horse, Ono o
(Continued on Third rage.)
MONEY IN WYOMING BANKS
There I Store of II In tnttlrliliinl lle
litiNlt Tlitm Three Months Ami hy
titer it .Million Ilolliirn.
WASHINGTON, Jan. 14.--(Special Tele
gram.) Tho report of tho condition of
the national banks of Wyoming at the close
of business on December 13 Is mado pub
lic. Compnred with the prnvlous state
ment In September tho Individual deposits
have Increased from $3,092,835 to $1,127,
tiM. Loans nnd discounts aggregate $3,
230,153, na compared with $2,2(,023 In
Sertcmber. The present holdings of gold
coin aggregate $247,30.1. a gain of nbout
$32,000. Tho average reserve is 33.47 per
cent.
( nsh for South llakoln liiillnus,
Secrctnry Hitchcock of the Interior de
partment forwarded to the senate tho corre
spondence relating to the payment of $150,
CQO, which will scon be disbursed along the
SlWton Indians of South Dakota.
Ono of the Interesting documents In tho
scrrrtnry'H report Is a lettur from Sena
tor Pottlgrow, recommending tho disburse
ment of funds among the SlssetonB. Senn
tor Pcttlgrcw recently introduced n reso
lution calling for all correspondence In
tho matter. Intimating at. the time thnt
political pressure was brought to bear to
secure tho payment beforo election la order
thnt It might hnvo n fnvorabln effect In
South Dakota. The corrcHpondoncu for-
arded Includes letters and telegrams from
prominent South Dakotous urging tho pny-
:cnt, but thoy convoy notiims that Is un
usual in uuch enscs.
Ono of tho most Interesting telegrnms Is
that In which Representative llurkn asks,
What haa beconio of tho Sljsfcton paym iut
recommended by Senator Ilanna?" It wns
eclded hy Secretary Hitchcock some tlmo
ago to make tho disbursement ot nbout
150,000 to tho Stssctons and It will bo
mado soon.
IteNlKiiiillon from llnplil Clly.
Tho resignation of A. K. Gnrdner, regis
ter of Iho Rnpld City (S. ).), land office
haa been received hero. Representative
Murke said that n recommendation to fill
tho vacancy would be mndo on thn nrrlval
f Rcprrsentatlvo Gamble, who is expected
this week. Thero Is a number of candidates
for the place. Including Senator Ilcnnott,
Mvron Wllsle nnd J. H. Honry.
A vacancy existing In the Sioux Falls
postofflco will also bo filled on tho arrival
of Representative Gamble, when tho latter
nd Mr. Ilurko will have n final conference.
Tho opinion among South Dakotnns la thnt
Nyo Phillips will get tho place.
Senator Kylo has returned from South
Dakota. lie was In his scat In tho senate
today.
New Pout Minuter nml Ofllces,
Postmasters appointed:
Nebraska Abdon M. O. Danltr.. Farwcll,
Howard county, vlco M. Larkowskl, re
igned.
Iowa Elmer Schilling, Ilayfield, Musca
tine county; Kltncr I). Ashbaugb, County
Line. Jefferson county; Perry Davis, Da
kota. Humboldt county; Otto Ross, Kdm,
Lyon county.
South Dakota Chester C. Tarrancc,
Tabor, Bon Homme county.
Theso now postofllccs havo been estab
lished: Rosslc, Clay counfy.Nla., John V,
Hammes, postmaster; Astoria', Deuel
county
Kiiuliteer nt llinnlm.
Henry A. Molpr of Norfolk, Nob., has
been appointed an engineer In the'q'jartcr
master's department at Omaha.
Dr. W. Q. Tucker has been appointed
pension examining Burgeon nt Vnlcntlnc,
Xcb.
Arthur L. Shook of Auburn, Harry II
Cleaves of Omaha, Hugh L. Stephenson ot
Inrtlngton. Curtis Cook nf Klwood, Neb.,
W. S. Protsman of Wollman nnd Llndloy
II. Hnnnn of Columbus City, In., have boon
appointed railway mall clerks.
THIRD HEMORRHAGE IMMINENT
I'll niclmiN Iiinlxt, llimrver, thnt
There Ih Nt 1 11 Hope for Coit
KreiMiiiiui etille.
WASHIXGTON, Jan. 14. (Special Tele
gram.) Congressman Neville's condition
tonight ts not encouraging. On Sunday ho
had two hemorraghea and late today ho
said lo his wlfo and family that a third
seemed Imminent. In a bulletin glvcu
out tonight tho doctors Btatc that
tho representative from tho Sixth Nebraska
district passed a very bad day, but that
thoy had not given up hopo of his recovery,
Senator Thurston offered an amendment
to tho Indian bill today, appropriating
$3,000 for tho repair of bridges and np-
proaches on tho Omnha and Winnebago
agency.
Tho Royal Highlanders nf Nebraska, n
fraornal organization, must be strong In
Its natlvo stato, for Congressman Stark re
ceived n letter today from a number of
men employed In tho government printing
ofllco nuking for Information rclatlvo to
tho organization. Tho letter has been re
ferred to W. K. Sharp, who is "hoot man"
of tho order.
REED APPEARS IN NEW ROLE
Hornier tieuker Armies llefore Semite
Coin ml I lee Cor n MiMllllentlon of
Stump Tnx on Stork Triinfer.
WASHINGTON, Jan. H. Former Speaker
Thomas H. Heed mado an argument before
thn senate committee on flnanco today for
the amendment of thn wnr revenue reduc
tion net so as to redtico tho tax on the
transfer ot stock. Ho contended for n
chango in the basts of operation, Bnymg
that the tax should bo upon the selling
vnlun ot stocks rather than upon the par
value, ns In tho existing law. Mr. Hoed
contended that this tax operates as n groat
hardship upon stock selling below par. Ho
said there were dealers whoso stamp pay
ments wero etiual to their incomes. This,
Mr. Heed argued, amounted practically to
confiscation and was unjust.
Deleiido Surrenders lo Anierleniin,
WASHINGTON, Jan. 1 !. Goneral Mac-
Arthur reporta tho Burrepdcr of Uclgado,
commandor-ln-chlcf of Hollo province, Pa-
nay. Ho also reports that other Impor
tant surrenders nro expected during tho
next few days.
General MacArthur's telegram to tho War
department is as follows:
"Delgado, commandant-ln-chlef of Hollo
provlnco, Panay. surrendered on January
11 to Drlgadler General Kobert P. Hughes,
with four officers, twenty-one men, fourteen
rifles. His command was scattered. Other
surrenders aro expected during thn next
few days; Important, signifies end organized
armed resistance Ilolln, provlnco Panay
Dewey anil the tirlp Are nl II.
WASHINGTON, Jan. tl. Admiral Dewey
Ii confined to his home by an attack of the
grip. It seems to bo yielding to treatment
and tho admiral expects to bo out again In
a few days.
Mra. Itlehnrilxnn Too III to Appear
ST. JOSHPII. Mo., Jan. ll.-Mrs. Addln I,.
Richardson, widow of the murdered mer
chant of Savannah, ts so III shn will not bo
nhlo to appear In court on Thursday. Post.
ponement wns today granted by tho Justice
NEBRASKA'S VOTE fOR M'KINLEY
To the rresldrnt of tho St-nnte of the United Stales of Anicrlcn:
We, tlie tinderslRtied, Ileitis nil the electors elected by tho slnte
of Nebraska at the election held In snld state November 0, HNK. lo
vole for president and vice president of Ihe United States, hereby
certify thnt on the l'-Ith tiny of January, 11)01, at noon of said day,
wis met at tho olllce of the governor of the state of Nebraska, In
Lincoln, the capital of snld state, pursuant to law, and received from
the snld governor a eertllleate, In triplicate, of the ascertainment of
the electors elected by wild state nt tho election held November 0,
11)00, and of the number of votes cast for each person for whom
votes were cast for elector thereat; and np;aln on thu 1-ltli day of
January, 11)01, nt noon of said day, we met at the same place, and
in the nimuier provided by law, proceeded to ballot on dis
tinct ballots, for president nnd vice president of the United States
of America, and the result of snld ballot wns ns follows:
l'or president of the United Slates of America,
Wllllnni MoKluloy received eight IS) votes.
l'or vice president of the United States of America,
Theodore ltoosevclt received eight IS) votes.
And we certify that nil our votes, constltullng the electoral vote
of the state of Nebraska, were then nnd there cast by ballot ns
aforesaid, for said William McKlnley for president or Ihe United
States nnd for said Theodore Koosevelt for vice president of the
United Htates, and we further certify that no votes wore cast for any
other person for either of said otllees.
In testimony whereof we have hereunto set our mimes at Lin
coln, in the state of Nebraska, this fourteenth day of January, 11)01.
WAMiAtUJ It. HAUTON,
A. U. ClIKISTANSKN,
J. L. JACOHSHN,
JOHN h. KHNNUDY,
JOHKIMI IiANftKK,
JOHN I NK8UIT.
KinVAHP UOYSK.
It. 11. WINDHAM,
Electors of Tresldent nnd Vlco President for the Slate of Nebraska.
NO MOVE TO BUY OUT CARNEGIE
Qreat Steelmtuter Denies that He Hai Been
Approached by Morgan Syndicate.
ONLY TWO WAYS TO STOP COMPETITION
Steel lliiKlnenn In Described nn llic
,JiiiiiiliiK-.Inck of the Coniiiieroliil
World. IleltiK Klllicr n Kliitf
or a. I'liiipcr.
NEW YORK, Jan. 14. Tho Kvcnlng Post
has tho following: Androw Carneglo today
hlmsolf nrOrmed the denial of the stories
which wero current yesterday to the effect
Jhat J. P. Morgan.jnd others were prepar
ing to'l.tiy 'Iho Carneglo Steel company. Un
til Mr. Carneglo mado this statement It wns
still relieved In many quarters that tho
first step had been taken toward uniting all
ot tho Btecl companies of tho country un
der ouo so-called "community of Interests,"
under tho plan recently followed by Mr.
Morgan and his assistants In tho railroad
world.
"Havo these interests mado any concerted
movement to ncuuiro tho Carneglo proper
ties?" nsked a reporter of Mr. Crancglc.
"Xone," Mr. Carneglo snld.
"Is thero any truth whatovcr In tho
story that the J. P. Morgan Interests aro
preparing to buy out tho Carneglo Steel
compnny nnd form a general combination
with others in tho trade?" It wns naked
again.
"Nono that I know of," answered Mr.
Carnegie. "Tho idea Is In tho air, aB with
tho railroads, but It Is only nn Idea. What
a combination It would mako!"
"Is tho Carneglo Steel company In nny
senso on tho market, or Is It satisfied with
tho cxlBtlng situutlon and prepared to do
business on Its own terms?"
Mr. Carneglo said: "It Is not on the mar
ket. It 1b prepared to do business, of
course, but always In n friendly co-opora-tlon
with others. It Is not an aggressive
or n quarrclsomo concern."
"Is not continued competition among tho
steel men moro dcslrablo In tho public In
terest?" "1 sco no reason to believe" snld Mr. Car
neglo "thnt competition In any business
can bo permanently prevented unless by
patent or control of raw materials. Even
tho railroads will soon quarrel nnd the
gentlemen's agreements go to pieces. This
is human nature."
In reply to tho question whether tho
American steel works were not profitable
cnouah now to insure proper returns to
compnnles properly capitalized and man
uged, without competition, Mr. Carnegie
said:
'Just now, yes. It Is prosperous, nut
steel Is cither a king or a pauper. It Is
tho jumplng-Jack of business."
PATTERSON ON FIRST BALLOT
Wlthilrnnnl of (Sovernor Thoiiuin
from HIrIiI for Senator Milken
Choice Ivnny for HiirIuiiIhIh.
DENVER, Jan. 14. The Joint caucus of
tho fusion members of tho legislature to
night decided to support Thomas M. Pat
tcrson ot Denver for United States hsna
tor to Buccecd Senator Edward O. Wolcott.
Thero aro nlnety-ono fusloulsta In tho leg
islature, Including democrats, populists and
silver republicans, nnd of theso olghty
sovon wero In tho caucus, Mr. Patterson
received seventy-four votes on tho llrst
ballot.
Tho public was surprised early this even
lng by tho announcement that ex-Governor
Charles S. ThomaB, who has been Mr. Pat
terson's leading opponent, had withdrawn
from tho race. His namo did not go beforu
tho caucus. Tho total voto of tho legls
laturo on tho Joint ballot Is 100.
CHARGES AGAINST BAILEY
Mr. MeKnll DeclnreM He In Too III to
Appear llefore Committer, lint It
NiilipurnnrN Him,
AUSTIN, Tox., Jan. 14. Tho legislative
committee appointed to Investigate tho
charges against Congressman Railey to the
effect that ho was directly Interested In
securing n permit to do business In the
stato for tho waters-Plcrco Oil company
met today and Invited a presentation of
charges, Mr. McKall, who originally pro
voked the Investigation, represented
that ho was III.
Mr, Ualley said ho desired that tho com
mittee do everything In Its power to hasten
thn conclusion of tho Investigation, The
committee Issued a subpoena to compel Mr,
McFall to attend a meeting called for to
morrow morning.
CONDITION OF THE WEATHER
Forecast for Nrlirnskii IticronxlMir cloudl
iichh today, with occasional rain tonight;
rnin tomorrow; soutn in soumwesi wiimih,
Teniiicnilnre nt Oiiinhn yentrrilnyi
Hour.
lleur.
Hon r.
I i. in
lenr,
T n.
II n.
7 it.
N n.
II n.
10 n.
1 1 ii.
I- in.
in
in .....
m
in
in
in .
i 'III
, -III
, no
:t p
i ii
r. n
it p
in
4t
ni.
. .
in.
17
in
4 1
17
7 p. in . .
N p. ni . .
II p. ni. .
lit
i:t
BIG CROWD AT SALT LAKE CITY
Altendnnee nl .Nnllonnl I.lve Stock An-
noelatlon (,'niiveutloii Promise
lo He Very I, time.
SALT I,AKK, I'tah, .Tan. H.-Kverythlng
Is In rcndlness for tho fourth minimi con
ventlon of tho National l.lvo Stock ussocl
ntton, which will open lit Iho nsseiubly hull
tomorrow morning. Tho hall linn been
gorgeously decorated and every convenience
provided. Tho Indications arc that It will
bo the most HiiccesHful convention In the
history of tho ussnclatton. The heudiiunr
tern of the UHsociatlnn luul Iho priuclpa
hotels nro throngod with visitors tonight
A largo number of delegates nrrlvcd dur
ng tho day. It Is safe to sny Hint nearly
nvory prominent Htockman west of tho Mis
nntirl will bo present beforo tomorrow.
lnrgo delegation Is present from Chicago
nnd n fair nttenduuen from other ioIritn
efist of thn Missouri river. Tho fnmnua
Punblo cowboy bnnd nrrlvcd tills nftcrnoott
nnd wna met at tho station by tho locnl
committee nnd c.seortod through tho princi
pal Htroeta of tho city.
Tho executive committee hold n meeting
this evening and discussed lu a geunrnl wuy
tho Hiibjects to bo taken up by tho conven
tion. Secretary Martin's report was rend
nnd adopted.
SOUTH OMAHA MEN ARRESTED
Charles Ahem nml John L'nreornn
Aubbrd for AIIckciI Theft of AVnleh
from Omnliii Woniiiii.
KANSAS CITY, Mo.. Jan. 14. Charles
Ahem, nllas H. I). Jones, nnd John Corco
rnn, both of South Omnha, nro under ar
rest hero on tho charge of trying to extort
money fom Mra. J. II. Wntklns of Omaha.
Ahern was nrrcBted at tho postofflco whllo
npplying for mall addressed to It. I). Jones.
Ahem attended a danco not long ago whero
Mrs. Watklns was u guest. During tho
evening n vnluablo watch bolonglng to
Mrs. Watklns was Btolen. A week later she
received a letter from Kansas City, signed
H. D. Jones, stating that tho watch would
bo returned If sho would send J20 to It.
D. Jones, general delivery, Kansas City,
Mo. Corcoran was arrested tonight ns
Ahorn'a confedernte. In his possession was
found a tlmo check of tho Cudahy Packing
company, raised from 3 to $30.
CLARK MAY BE ELECTED TODAY
.Monlnna .Miilll-Mllllonnlre Iteeclvea
Democratic .oinf imllnii for
Senator.
HELENA, Mont., Jan. 14. Tho Joint sen
atorial caucua tonight waa atteuded by
thlrty-Bovcn members, every ono of whom
voted for William A. Clark for tho posi
tion now held hy Thomas 11. Carter. It
Is confidently believed that Clark will havo
a majority in both nouses and may he
elected tomorrow, Tho democrats took no
action on tho short torm scnatnrshlp.
Tho republican cnucUH named Thomas II.
Carter for tho long term hy a voto of
twenty-nlno, tho full republican strength
In tho legislature. Ex-Senator I.co Man-
tlo wns nominated for the Bhort torm.
Thero will lu all probability bo a long
contest over tho short term, thero being
several democrats In tho race.
liiicerlnlat ' nl Hnrrlshnrir,
HAIUHSHUIIO, Pa Jan. 14. The Illness
of certain senators and members has In
tensified tho feeling of lusccurlty as to the
result of tho contest for United Statos sen
ntor. Neither sldo can toll how many, If
any, of ltu followers will bo absent when
thn sennte nnd houso voto separately tomor
row noon.
Movements of Oeenii VemielN .Inn, I I,
LONDON, Jun. H.-Arrlved-Mlnneapolls,
Now York.
New York Arrlved-Marquetta, Lon
don, Shlmoncska Arrived Kvarven, Portland.
Ore.
Olasgow--Arrived Laurentlnn, New York,
aiUraltar 'Arrived Huerst lllsmarck.
New Yrrk, for Genoa. Nnplrs, etc. Sailed
Hohenzollern (from Oenon), Xnw York.
Liverpool ArrlvedNumldlan, Portland,
Mardla Bulled 10th, Iluckinghum, Port
land, Ore
Hamburg Sallcd-arnf Waldcrsco, Xow
Yor);.
VOTES FOR M'KINLEY
Nebraska Electoral College Gait IU Balloti
for Republican Oandidatei.
BARTON IS CHOSEN FOR MESSENGER
Lively Interest Taken in This Feature of
the Formal Proceedings,
FIRST VOTE FOR SENATORIAL CANDIDATES
Each Home Will Ballot Separately at
Eleven 0'Olcok Today,
FUSI0NISTS STIR UP A LITTLE FUSS
Sernmlile for Ihe Honor nf l.eiidhitf
Ihe l.ninerM lleeonien l.Uely lle
Iwren Oeiiioernllc nml I'opn
111 Anplrntiln.
MXCOLX. Jan. 14. -(Special.) Xcbrafka'
eight electoral votes were cast today offi
cially for William McKlnley for president
nnd Theodore Konsovvlt fnr vlco president.
This concluding act In the redemption of
tho stato registered by thn voters at tho
November election took place In Iho gov
ernor's office, where the electoral collcgo
convonrd, with a few spectators present.
Tho proceedings were purely formal, as all
tho documents, certificates ami so forth had
been carefully prepared In advance, and
tho ballot disclosed a unanimity nf senti
ment thnt could scarcely bu Improved upon.
After voting for president and lco presi
dent, tho collcgo took a recess without se
lecting tho messenger, mooting again for
that purposo at the hotel In Iho afternoon.
Thn nrrangement that had been perfected,
whereby nil eight electors wero to go In a
body to Washington, did not take tho gin
ger out of ihn canvass for messenger. Tho
question wns scroti!)' discussed whether thn
choice should fall to the best speaker, to
the handsomest mnn, to tho oldest, to iho
shortest, or to the tallest.
Although soveral randldalea pulled nut of
tho rare, It developed Into a light between
Mr. Xesblt nnd Mr. Ilarton, with a persist
ency In tho voting that for u long tlmo
looked tl.irntcnlng. As nn Indication of
ii senatorial deadlock, the performance ot
Xcbrnskn's electoral college closely ap
proached tho limit. After thirty-seven bal
lots hnd linen rnst, some open, somo secret,
a recess was declared for twenty minutes
truce, with nn apparent North Platte and
South Plnttn Ilne-up. On re-convening, Ihe
thirty-eighth bnllot was called, with the re
sult of 5 votes for .Dor ton and 3 for Nes
bit, and Ilarton was on motion duly de
clared unanimously elected.
Thn only perquisite attaching lo Iho
position of messenger Is the mllrago nl
lownncc, nmountlng for Nebraska to about.
$300, which will probably bo dovnted to
tho expenses of tho entire party. Tho of
ficial certificate, of which a copy Is hern
with produced, was made out ns tequlrnl
by. law In triplicate, dno being transmitted
to Washington by mall, one sent lo .ludgo
Mungor of tho federal court tor this dis
trict and Iho third tnken possession nt
by tho official messenger, who will deliver
It In person to Ihn president of tho sen
nte nt tho national capltol.
HnltotliiK for Senator,
Sometime tomorrow each houso of tho
legislature will lake ono ballot for United
States senator. Tho law does not specify
tho exact hour at which tho voting Hhall
he had, so It can ho doun at nny tlmu
previous to adjournment, aud need not bo
simultaneous in both houso nml senate.
motion will bo mado to procceil lo ballot
for United Stntcs snnntnr and when It car
ried tho clerk will call tho roll nnd tho
presiding officer nnnouuen the result. Un
less soma chnngn In mado In thn program
each member will respond with two nnmci,
designating which hn prefers for long
nnd which for short term. That was prac
tlcally determined at a meeting nf tho prin
cipal cnndldates this morning to confer on
preliminaries, nt which, how over, no other
material progress wns made. Tho meet
ing Wcdnesdny In Joint session to tako
tho second ballot must bo held under tho
law In tho hall of tho houso nf reprnsonln
tlvca at 12 o'clock noon aud tho legislators
can then tnko ns many succcsslvo ballots
an they wlnh. As u rule, In Joint session
tho roll of tho senate Is called llrst aud
then tho roll of tho houso, although two
years ago an lnnovutlon wna sprung by
making up n new roll of both together In
ntphnhntlcal order, mixing senators nnd
representatives In hopeless confusion.
Sometimes tho order of voting might cut
n considerable figure, but In this Instanco
it Is not likely to make any dlltcrenco to
any candidate.
On tho outside tho activity of tho anil
Thompson brigade In making Itself morn
manifest. Hern In Lincoln they havn
started n now paper called the Dally Cap
ital, whoso first number came out today
for free distribution, filled with rnprlnted
nowspaper comment attacking Mr. Thomp
son's senatorial candidacy. Several delega
tions wero nlso in from Cass nnd Oton
counties to cmphnslzo tho local sentiment
In tho enrs nf thn representatives from
those districts. Captain Will Hnyward,
son of tho lato Senator Hayward, was among
the lafter and circulated quite frocly among
tho former friends of his father.
Ilepiihllenn MemlierN Caucus.
Tho republican members held a prelim
inary caucus tonight, but tho only progress
mado was tho nppolntment ot a committee,
consisting of thrno senatorH and six rep
resentatives, to fnrmulatn rules nnd con
ditions to govern caucua voting. Senator
Frank Murtln presided ns chairman nnd
Representative Andrews acted as socro
tary. About sixty membcra attended,
At tho suggestion of Senator Young ills
cusslon relative to tho various conditions
previously proposed was postponed until
after tho commlttco reports tomorrow
evening, when the next general caticui
will bo held. On motion of Senator Stcolo,
tho chairman was authorized to namo thn
rules committee nnd the following worn
chosen: Senators Steele, Owens nntl
Young and Representatives Scars, Lnflln,
McCarthy, Mockolt, Whltmoro nnd Mead.
Tho rules committee met nfter tho cau
cus and organized, hut adjourned without
arriving at any agreement othor than to
meet again tomorrow night at 7 o'clock.
Senator Steelo was mado chairman nnd
Senator Young, secretary. On Informal
discussion It. was agreed that nn attend
anco of sixty-seven members should hn
required nt nil senatorial caucuses and nu
objection was offered to a two-thirds voto
to govern, but neither proposition wna
formally agreed upon.
Content for I'lmlmi Compliment.
Contrary to expectations a sharp skirmish
has beon precipitated for ono of tho fusion
raucuB nominations for senator. It was
tncttly unu'dcrstood that ono of tho compll
ments should bo thrown to a-populist and
tho other to n democrat. Among tho pop
ultsU tho concensus ot opinion waa undl
s 1