The Omaha Daily Bee.
ESTABLISHED J V2s E 1J),
' ffffif
OMAJLA, TUESDAY MOUSING-, SEPTEMBER 21, J 5)0 J -TEX PAGES.
SINGLE COPY FIArE TEXTS.
TRIAL MAY ENDTODAY
Law Takei Its Courts Expeditiously in tki
Caia of Leon Czolgctz.
JURY SECURED AND WITNESSES HEARD
lint Daj Mirked bj Acoimpliibmeit tf
Preliminary Eoutlie.
'PRISONER'S PLEA OF GUILTY CHANGED
Ctnrt Orders It Enterei at Net Suiltj,
Which is Done.
ASSASSIN HIMSELF REMAINS INDIFFERENT
Shown Little Intnrr! its Colin iiKhtru
About Mini mill Aimtfri Only
AV'lien I ruril III Coun
sel' lliplniintlon.
Dl'FFALO, N. V., Sept. 23. Leon F.
Cznlgosz whs placed on trial thin morning,
charged with tho murder ot President Mc
KInley. llo entered a plea of "guilty,"
which was changed to "not guilty" by the
court
All tlio eventn of the day Indicated that
the trial will bo short. Tho court convened
at 10 o'clock and within two hour eight
Jurors had been secured. Technicality
wero not railed by tho examining counsel,
but It was significant thar every man who
Bald he had not formed an opinion on the
caso was excused by tho district attornov.
Thoso who acknowledged that they had
formed an opinion, or atatod that they wero
prejudiced, but admitted that their opinion
could bo changed by ovldcnco wero ac
cepted by each side. Justlco Truman C.
While, one of tho oldest and most experi
enced of the aupremn court Judges was
on the bench,
Spotlit fur Ciolnoni'n (,'oiinol.
Immediately after tho opening of tho
court and nftcr tho prisoner had pleaded,
Justice Ioran L. Lewis, senior counsol for
thn dufeudant announced that together with
his colleagues, former Justlco Robert C.
Titus and Carlton K. Ladd. they wcro ready
to net In behalf of tho prisoner. "1 thought
11 best," ho said, "for my colleagues and
myself that I should say something re
garding our presence hero ns attornevs for
tho defendant. At tho tlmo my namo was
suggested I wan out of tho city and know
nothing of what was transpiring horo with
reference to tho selection of counsel. When
the circumstance of my selection was re
lated to mo It waB reluctant to accent.
"I ask that no ovldenco bo presented
here, that tho court will not permit tho
acceptance ot any ovldenco unless It would
bo accepted nt tho trial of the most meager
criminal In thn land."
"I am familiar with these circumstances,"
eald Justlco Whlto In reply, "and I wish to
fiay I will give you ovory assurance that
the prisoner will have a fair and Impartial
trial and that during the progress ot tho
trial ho will receive sucji treatment as tho
law demands In "any criminal case."
InleK Work Midi ln- 1'iiiiel.
The work of securing tho Jurors was then
undertaken with n celerity that was amaz
ing. Ilcforo tho day '.wis over tho entire
panel hail been sworn, tho Jurors had ll
tencd to a description of thu Tomplo of
Music, hnd seen photogrnphs of thn In
terior ot that structuro and had been told
by three surgeons what cnused tho death
of tho president and tho effect of tho as
hnsslu'a shot upon tho vurlnua organs of tho
body. They had also learned why tho fatal
bullet had not b?cu located.
Tho presentation of tho government's
ease began shortly before 3 o'clock, when
Afslslant District Attorney Haller began to
address tho Jury. He spoke brlelly.
"Wo shall show," said ho, "that for soma
days prior to the shooting this defendant
bail preinedltnted the shooting of the presi
dent, llo know that on tho 6th of Septem
ber the president would receive tho popu
lace, that cn that day ho went to tho ex
position, got In lino with tho pooplo and
approached tho president; that ho had a
weapon conceuled In bis hand nnd as tho
president extended his hand In kindly grout
ing ho fired tho fatal shot.
"Ho tired two hots In fact. Ouo of thrm
took effect In the abdomen and caused that
mortnl wound which resulted In tho presi
dent s deatli. That, In brief, Is tho story
we shall show you. Wltnostcs will (ell yoii
this story and 1 am uro that when you
lime heard tho evidence you will have no
illfneulty In reaching a verdict of murder
In tho llrst degree."
IliiUliinor I l'il Wllne,
Tho first witness, Samuel J. Fields, chief
engineer of tho Pan-American exposition,
denciibed tho ground llnnr of tho Templtt
of .Music nnd was followed by Worry A. Hllss,
n photographer, who presented views of tho
interior of tho building. Tho remainder of
the afternoon wns taken up with the testl
tlmnny of threo physicians, two of whom
Wind attended the president, while thn other
performed thn autopsy. The latter. Dr.
Harvey It. llnylord. was the first of tho
trio to be called. He described the locatlnu
cf tho wounds In thn stomach and thn ill
reetlon of tho bullet. The cause of death
was attributed to tho gunshot wound, but
fundamentally ho said it was dun to the
ehangCR back of tho stomach In tho pan
croas caused by tho "breaking" down of
Mm material of tho pancreas as a result of
the passage of the bullet.
Dr Herman Mynter followed nnd his tes
timony was of importance, Inasmuch ns it
brought out tho fnot that tho reason why
tho fatal bullet had not boon locnted at
thn nutopsy whs beeiiuao of tho unwilling
ness of tho presldenl'H rolatlvs to have
tho president's body further mutilated. Dr.
Mynter nnd Dr. Mnnn. who followed him,
testliled that tho primal eauso of death
was tho gunshot wound In tho Momarh.
Ono effect of this wound was, they said,
to causo tho gangrene to form In tho pan
creas and tho Kpot of poisoned tlssuo wns
ns large as a sliver dollar.
Trial lii- Kn.i Toiliij,
The prisoner. Ciolgosz, during tho morn
ing showed no Interest whatever In the
proceedings, but as tho testimony pro
reeded he paid morn attention. Thn prob
able duration of tho trial, it (h believed,
ran bo placed at two full days. When Dis
trict Attorney 1'onney was asked by Jus
tlco Whltn an to tho time he would tak
Jn thn cuse ho declared he would con
clude tl V Tuesduv noon. Jndcn Tilii In
the detente was noncommittal, however.
nnd merely replied: "That depends upon
tho turn thli.gs take."
It Is not probable that anv defence will
b put on, owing to the character of the
prisoner nnd his refusal to help the attor
neys In any way. The Idea of an attempt
in enter the question of his sanity Is not
(Continued on Third I'ago.J
OR
tl 1 1 f III WiiIiIhkIoh Thnl
Our nf I lie Subject of .Soil'
ntorliil Conference.
From a Staff Correspondent.)
WASHINGTON. Sept. 23. (Special Tele
gram.) Senator and Mtis Mlllatd left thU
afternoon for New York. Hoforo leaving,
however, Senator Millard put In a good
morning's work visiting the postofllce, War
and Treasury departments and again calling
on the president, together with other sen
ators anil members of congress. At the
Treasury depart! lent ho had an interview
with thn supervising architect In relation
to the Seventeenth street front of tho new
postoftlrn building In Omaha, and received
confirmation that everything would ho dnn
to build tho structuro In conformity with
inn pians as revised. With Secretary Cage.
Senator Millard had a long ronferencc, and
It Is believed he took on with thn
tho matter of a possible successor to Cadet
Taylor, surveyor of the port of Omaha.
Just what conclusions worn reached nro nn!
disclosed, although Senator Millard said
to a correspondent for Tho Dee yesterday
that Taylor's term had nulto a considerable
time to run and so far as he knew It would
not bo disturbed. When asked If ho pro
posed making any changes In postmaster
ships, the senator snld hn would nnt mi..
ommend any postmasters until nfter elec
tion.
John T. Clark of Omaha was In Wash
ington todny.
Kx-Senatcr Thurston will deliver nn mi.
dress tomorrow ovcnlng befoto tho League
of llcpublicnn Clubs of Pennsvlvanln. which
convenes tomorrow In Scrnnton.
Joseph J. lunger's commission
to Solcngcn, Oormanv. wns Rimed tminv
by President Itooeovelt. Mr. Langcr was
nt onco sworn Into service nnd his bond
In tho American Surety company of Now
York was accepted. Mr. Lnnenr itict tn
sail for Germany Tuesday on ono of tho
Norm uerman Lloyd steamships
Tho following postmasters havo been ap
pointed: Iown--lon, Allamakee county, M. F. Mc
Donald; Little Cedar. Mitchell county, o.
H. Hammond.
South Dakota Morltr, Deuel county, V.
D. Gordon. l'ostoUIco at Laketon. llrook-
lnglS county. S. I).. rilpinllioiH nn.l n.nlt
, . - " ...... v.. (.,,1, tun,,
ordered to Arlington.
Tho postolllces at South Auburn, Neb.;
Ocheyedan, In., and Arlington, S. D.. be
come presidential nOWa iImi... i t.
w., ..,.; i, wm
tlio salarlcfl of tho postmasters sot at $1,000
eucn.
ltural freo delivery hnu
tnbllshed November 1 at Olldden, Carroll
rounty, la. Tho routo embraces forty
squaro miles, containing a population of
f.20. George Sherer was appointed carrier.
The postofllce at Hcnnn will bo dlscontln
urn. a postouico has been ordered estab
lished nt Ilosenlui
With EskO I'etorson nnnnlnto.l na .,..'
master.
K. Osmond F.lllson of Webster City. Jntuea
M. Dells of Carroll
Thomas of Schuyler and Corydon ltood of
miinugo. .-son.; T. J. Spnnglcr of Mltcholl
and Lonmls S Cull of Hot Springs, S. D.,
wcro today admitted to prnetlco beforo thu
interior ncpartmcnt.
Tho application of II, O, I'enlck, Calvin
Manning, n. f. tint n T.. A T1....1..1. .0
Ham E. Poulek and Wllllnm n Kn,,i,i,
orgnnlzo tho Charlton National bank of
Chnrlton, In., with JjO.OOO cnnlml i.n i,.,n
approved. Tho conversion of thn I nrmom'
nnd Merchants' State bank of Hamburg In
mi- mi-mere .-sauonni Hank of Ham
burg, with ioO.000
p roved.
ThCBO 'Ipnointnionts worn mnHn iA,in i
tho Indian schools Will a tot.n,,..i,n.,,i
tnihltW
of Eland. Wis., teacher nt Yankton, S. D.;
uoiiiH naiiou or crnlg, Mont., enrpontnr nt
Pino ttldge, S. 1).. Miss Sadm Orldloy of
Whltewood. S. D., assistant matron nt Vn.
max. Ore.; Josoph H. Illowltt of Flandrenu.
S. D., assistant engineer at Mount Pleasant,
'iicn.
BEGIN WORK FOR MONUMENT
Milium, rny unit other Tnkn FlrM
.Sli-p Timiird llrootlnn or
.tlrlv Inlc; .lleiiinrliil.
CLEVELAND, O.. Sept. 23. Initial steps
wero taken hero today for thet erection at
Canton, by popular aubsi rintlnn. Of U-hfif la
expected to bo a tilting monument to tho
memory or President McKInley. At a con
ferenco attended by Senator Hannn. Judgo
Wllllnm It. Day of Canton nnd Colonol
Myron T. Herrlck. it wns deetnrminn.i i
organize a committee, national In scope,
to tnko chargo of the work. It Is pro
posed to havo ns membors of this body
representative citizens from all tho varloua
states of tho union. Tho organization will
lie chartered under tho laws of Ohio and
will probably bo known as "Tho MoKlnley
Memorial Association."
It IS proposed to locate tho lienrinllnrl..ra
of tho committee In thin city and It Is
proposed to hnvo the organization perfected
within a week or ten dnyB and fully pre
pared to tako up tho work. Thoso Inter
ested In tho matter express tho oellcf that
congress will, nt Ita coming session, make
a liberal appropriation toward tho erection
of the monument.
MRS. M'KINLEY VISITS VAULT
nltli Jim. Hiirlior mill
lllif' to Alioilc of the
Ileml.
Dr.
CANTON. O., Sept. INI.-Kor the third dav
In succession Mia. McKlnloy took drives
todaj. Tho llrst ono wns to tho ccmotorv,
where Bho and Mrs, Harbor and Dr. lllxev
again entered tho vault to look at tho oaskot
containing nil that remains of tho devoted
husband. The nflemoon rldo was tho long
est taken and was along thn country roads.
Tho air was delightfully warm and bright
Mrs. McKInley seemed to tako more in
ttrest In tho affairs of tho house today and
went to tho dining room for her meals.
BIG HORN STAGE HELD UP
ellN Mt'ittt, t'linrKi'il ullli tho
Itolihi'i'.v, ruptured liy siii'rllT
Ni'lUou After it (iuikr.
CHEYENNE, Wyo., Sept. 23. (Special
Telegram.)--A man supposed to bo Nells
I.tppseott hold up and robbed tho Sherldan
Hlg Horn stage near Ills Horn last even
ing. Sheriff Nellson of Sheridan took tho
trail with a posse and captured Mppseoti
this evening in thn eastern pnrt of Shorl
dan county. I.lppscott was about to board
a train for Nebraska. Tho stage carried
tho United States mall. Strong evidence
against I.lppscott has already been ob
talned. I'nlted Slates Marshal Hadsell
left tonight to bring In tho prisoner.
I-'nlr Ojirn. nt Tecunmrh.
TECl.'MSEH, Neb., Sept. :3,-(Spcclal,)-Tomorrow
will be tho opening day of
be 8UQU4 toj- 1 ;o)iH.3gn tout.
SUCCESSOR TO Cms.
CAMPAIGN OPENS IN IOWA
Rpublicni Hold First Eallj of the Sum
in Boithern Fait of State.
A. B. CUMMINS SPEAKS IN CENTLRVILLE
I'lrm for It r pull Until Principle In
htnln mill n.oit I'iniirt llrvllon
of TitrlfT to riu'Okmum Triml
Tnxntlon lteform 111 Htntc.
CENTEUVIDM-:, In., Sept. 23. (Special
Telegram.)- Tho republican stato campaign
was opened hero this atternoon. It had
been intended that tho opening should
bo at Atlantic, in tho Ninth district, on tho
lllh, but tho death of President McKInley
forced a hango In tho plans and no meet
ings wero held last week. This afternoon
A. H. Cummins, tho republican candidate
for governor, commenced a week's tour of
tho southern part of tho stato and spoko to
a largo audlcncn In thu court house here.
Mr. Cummins Is nn able orator and ono
who holds his audlenco by tho magic of bis
lino words and sentences nnd convinces
them with his clear logic. In every way tho
opening meeting wns a success.
In his nddresH today Mr. Cummins treated
all tho Issues, state and national, ex
haustively. Tho tarllt nnd foreign policy,
particularly ne concerns tho Philippines,
wero dwelt upon at length nnd ho did not
mliico matttra In regard to stnto Issue,
llo presented In on nblo manner tho argu
ments to sustain tho platform adopted at
Cedar Itaplds, and his words will ho ac
cepted as tho keynoto In tho Iowa cam
palgn. Mr. Cummins referred briefly to tho sliver
quctitloti, slvlng his reasons therefor, utid
nlthough this may bo said to bo a dead
Issuo this part of his address was Interest
ing. Respecting tho reiterated demand for
iho freo and unlimited coinage of silver ho
said thcro is a menace In it which should
not reu.ipcar In every campaign. One of his
deductions wns that "An Industrial depres
sion can bo quarantined, but n llnanclnl
panic glowing out of fear for tho standard
of value Is a plague that will sweep over
ovory Inch of territory within tho sover
eignty of the United States and Its victim
will bo thoso who have least to do with Its
origin."
Oil lltlOlllll loMIICN,
He said in part;
Iho Philippines became ours by tho
forunes of war. Wo make no prediction
with respect to tho future of the Philip
pines. u aro treading n new path, but
it Is with courage, Intelligence nnd con
science. Whether tho Inhabitants of the
Philippine Islands will becoino an Inde
pendent nation, whether they will ltecomn
citizens of the American republic or
whether they will lemaln u colonv of thn
republic, with some mipcrvlslnn on our
part. I ;lo not know, nor do I believe It Is
muterlnl. Of ono portion we ran be nbso
ltitoly certaln-that as long iih tho people
of tho I tilted States continue to love lib
erty, ns long ns they havo faith In free
nstltutlons ami so long as they nro moved
by virtuous Impulses, whatever tho rela
tion between uh and tho races of tho Phil
ippine group ought to be, they will be.
iho central thought of all tariff legisla
tion enacted by republican congresses has
-con to preserve thn American manufac
turer, tanner and artisan from destructive
and prohibitive, eonipotltlon- that la to say.
to ciutbln the Amnrlctn'' producer to open
uii and develop tho bountiful resourcca of
Ills own country, to pay his employes good
wages and to sell his product at n fair
prollt In our own markets. My faith In
iho prln. Iple and my enthusiasm for ita
results havo rather Inerent-oil thun dlmln-
shod hen. however, it romblnution at
tempts or attains n practical monopoly m
the Held embraced and uses or Intends to
use tho unlatvt'al and destructive power
thiiH acquired to arbitrarily tlx tho nrlco
of Its produuta It becomes tho enemy or
good government, Imporll.H the peace anil
good order of society and Inflicts upon the
people nn Injustice against which thev
ought to nnd will lebcl. It does not soem
to me either wise or Inuli-nl in ni.i.
meet this evil to put Indiscriminately ovory
article vvhlch may bo produced by such n.
combination upon the free list, for In so
.IK " n'Miio urn milium many an honest
ouslness, Impoverish thousands of honest
maiiufactuiers and cast Into Idleness an
army of o.n- best working men.
1 would not hnvn you bolltivo that f re
gard tho revision of tho tariff as a remedy
for the evil of tho trust. 1 shall not bo
nble upon this occasion to oxamlno tho
various propositions which hnvn been nub
mltted, looking to tho subversion of vicious
combinations. I ran only pause to Hiigges't
that f they urn destroyed they must bo
directly, not Indirectly, attacked. Tho keen
est ntelllRenco and tho linest courago of
tho land nro unceasingly at work upon tho
problem and failure Is Impossible.
Probloin ot 'I'll l ul I
To tho question of taxation Mr. Cummins
devoted comdncrnblo tlmo and mndo his po
sition plain. Ho said In part:
I would, however, legard my duty as but
partially iierlormed If I loft you without
some icference to u subject which both
parties have thought to bo of sulllcleut
Imporlanie to receive special intention in
tho platforma adopted at Cedar Itaplds ami
Dch Moines. I rotor broadly to tho subject
of taxation. Happily there Is substantially
no dlfuirnneo beiueeii the utterances of tlm
two parties respecting this matter. 1 sav
liapp ly because tho questions growing out
of thn Hiibject ought never to beonmo
partisan questions and 1 sincerely bono
thev never will W should have, and 1
bel eve will hai, the combined wisdom
and experience of tho men nt all parties In
lonsldeiing thn H.ibjecl without the preju
dice and coloring Inevitably nl tending tho
sellloment of parly Issues, tloth parties
declare that taxation should bo uniform
and equitable and that lite Individual, iho
cn-pai'iuershlp anil corporation should bear
their Just proportion of tho burdens of
government- that Is to say. should pay
their Just sharo of tho expenses Hindu
necessary by tho operation (it government,
according to tho valtni of thn property
owned by them. Our party declarations In
this roHpoot are morn axioms, concerning
vvhlch thorn enn be no ilHptttc, and thero
forn are not valuable as a guldo to tho
action of either thn legislative or execu
tive branch of the state government. They
.ire Hlgnltlount, however, trom another point
of view. They Indicate thnt tho people, aro
not wholly satisfied with tho law as It now
exists and they will furnish an Impetus to
ward the betterment of our Htatutes, J
hope 1 may bo pardoned If at this point I
suggtrt my views with regard to reform In
thn law.
C.enerally speaking, evolution is bottor
than revolution. In the great majority of
Instances It Is most unvviso to tear down
the structuro vvhlch hut been built and
substitute for It architecture of a radically
different kind. We should build upon what
we already have, adding horo nnd removing
there, preserving what is worthy and has
stood the test of experience. 1" bellovo
that the laws of the statu ot Iowa with
respect to taxation need some reformation
ami I trust that the public mind will con
tinue to be active and alert until tho best
system which human intelligence can de
vise Is produced. To enter upon tho detail
of the subject Is Iho work of a volumo and
Is manifestly Impossible In a public ills
cimslcin. I must conllno mself to gen
eralities. It Is overywhero admitted That
iho work of constructing a plati for Just
taxation Is tlu most dUUeult with which
the legislative department of any govern
nient has to deal. Tho Inllnllo complexity
of business and tho Infinite varloty at
property make it well-nigh impossible to
frame n law lhat will bo just to every In"
teresl. The Immense. Increase In the ex
pense of government, and especially In
municipal government, nn expense wide
grows with every ear, will become in
tolerable unless substantial unlforml y ami
justlco among tho people can bo o t talne
Of nil our domestic problems none ins
Won no dltllcult to solvo and probably n no
hna been morn Inadequately met than t S
pt'iblem of taxation. Tho Mibject naturally
divides Itself mo two general branchea
the llrst relates to tho discovery and listing
of taxable property and the second to lie
valuation of tho property when discovered
and listed The real property of tho state,
and 1 Im-lude the railroad property In this
cluss, Is easily discovered anil Is nlwayS
listed for taxation. I doubt, however
whether 2."! per cnitum of tho persona
property of tho stnto ever comes to tho
LOW RATES ARE TO CONTINUE
llouieeel.ei ' r,ctirnlon lo He Hint
Over Wrtrti Ilonil, orth
nuil !nulli.
CHICAGO. Sept. 2.I. To n large extent
tho low passenger rate that have been In
elfect In the territory west of Chicago dur
ing tho summer are to prevail throughout
the winter months. Independent action
taken by a number of western roads today
Insures a series of low rate homnseckers'
excursions during Octobor, November and
December. Excursion will bo run to nil
points In northern Michigan, Wisconsin,
Iowa, South Dakota, Nebraska, Kansas and
tho southwest tho first and third Tuesda
In October. Excursions will ho run tho
first nnd third Tuesdays In Oclober, Novem
ber and December to all tho southwestern
points, tho Pacific coast and Urltlsh colum
bl t. There will bo one fare for the round
trip plu $2 nnd tho tickets' will have lib
eral limits for returning. Tho following
roads havo given notice of tholr Intention
to participate In thn excursions: Chlcngo
fc Alton, Norlhwcstcrn, Milwaukee St.
Paul, Oreat Western. Itock Island and Illi
nois Central. All of tho other lines tin
dnubtedly wllj meet tho competition nn 1
quote similar ' rates.
ST. PAUI. Sept. 2X At a conference to
day attended by representatives of the
Northern Pacific, Orcnt Northern nnd
"Soo" roads It was decided to meet tho
action of tho lines west from Chicago by
continuing tho homeseekcrs' rates In effect
through October. It is not Improbable
thnt these rates will be continued into tho
early winter.
WABASH R0AD0R A BIG WAR
I'n n tiny I vim lit I, Inn' Proxhleiit MnWoi
lmiNiiiil Deimind of .Surrender
on (ieorno (Jollld.
PHILADELPHIA. Sept. 2.r--Tho Enquirer
will say tomorrow: A. J. Canatt, president
of tho Pennsylvania road, ha demauded of
Georgo Oould tho surrendor of tho Wnbnah
railway system and the Wheeling fc l.nko
Eriu nt n price vvhlch will not n prollt to
the Goulds, under threat of cutting off
tho wires of tho Western UUlon Telegraph
lines from tho entire Pennsylvania rail
road system ns well as from, tho Vandor
bllt lines, which havo agreed' to tho deal.
Tho penalty means that thn Western
Pnlon will suffer thn greatest blow In Its
history nnd will losn many of Its profitable
.lines, which will be turned over to its rival,
tho Postal Telegraph compnny.
This ultimatum menus moro thnn any
other railway deal in tho history of this
country It la believed that tho Goulds
will atcedo to the demand and that tho
Pennsylvania will not only add nearly 3,000
concomitant miles to ita trackage, but will
get rid of a rival for tho Carneglo Stool
business, which Is tho Inrgcst factor In the
whole mnttor, resulting from a contract
made by Mr. Carneglo with, tho Wheeling
& lakn Erie before tho United States Steel
corporation was formed nnd to carry out
which tho Goulds wero trying to build a
line Into Pittsburg.
TELLS STOCKMEN. JHE RATE
Western I'ns'oiiKer .!inoliitloii JV.o
tllle Them of Fnre to Con
vention In (iilcnun.
DENVER, Colo., Sept. 23.r-Chnlrman
MacLeod of the Western Passenger asso
ciation todnv notified tho secretary of tho
Natlonnl Ll"o Stock association that a rate
of one fnro plus $2 had been mndo from
nil points within his territory to tho fifth
annual convention of tho association In
Chlcngo, December 3. The Central Pass
enger association covering territory cast
of Chicago, has made a similar rate. Chair
man Pratt of tho Southwestern passenger
but can, Texas; General Passenger Agents
E. L. Lomnx of the Union Pacific and D. E.
Ilurkey of tho Oregon Short Line, hnvo
promised to make the samn talcs as granted
by tho Western association. Chairman
Charlton of thn Transcontinental association
nnnounccs a rate of 2 cents per mllo from
California, Washington nnd Nevada pointt.
Thero will bo several special trains of
delegates from tho western nnd central
states to Chicago, solely to attend this con
vention. FOR OMAHA'S EMPORIA LINE
Southern lliillroml' l.oeiilioK llu
plneer Heporteil to Hn ovv Itiin.
tilnu lioiite Till Wit j'.
EMTOniA. Kan.. Sept. 23. Richard Nev
lns, locating engineer for tho Kansas &
Southern railroad, started hero todny with
a gang of surveyors to run a direct route
to Omaha for that road. This road was
projected hero some time ago nnd $70,000
In bonds wero voted by Emporia City and
Lyon county. This road, It is snld, Is being
built by Omaha capitalists with thn vlnvv!
of getting cnttln from ths territory for
the Omaha market.
DoilKe City rtet llenilqiinrter,
TOPEKA, Kan., Sept. 23. J. E. Hurley,
superintendent of tho Atchison, Topeka &
Santa Ko railroad between Newton nnd
Albuquerque, officially announced todny thnt
the headquarters of thn division botween
Newton nnd La Junta would bo removed
to Dodgo City. This chango will move from
La Junta tho division superintendent nnd
his force and the dispatchers and train
maBtera from Novvtun.
WILL LAY PACIFIC CABLE
.Mncluiy Ini'oritoriitn Their
puny vvltli IDO,0 Cap.
Ilnlljiitlon,
Coin-
ALI1ANY. N. Y Sept. 23. Tho Commer
cial Pacific Cablo company, with a capital
stock of $100,000, was Incorporated horo to
day by thn following: John W. Mackay,
Clarenrn M. Mackay, Edward O. Piatt, Al
bert Heck, Georgn O. Ward, Albert II.
Chandler and William W. Cook.
ltUBpectlng th purposos and prospectus
of tho now company Mr. Mackay" said that
tho Commercial Pacific Cabin company had
been organized for tho purpose of laying a
stihmarlno cablo from California to the
Philippine Islands by way of Honolulu, In
tho Hawaiian islands. Tho length of thn
cablo will ho about S,E00 mllcti, tho part lo
bo llrst laid bolng from California lo tho
Hawatlau Islands. This portion, Mr.
Mackay expects will bo in operation within
nlno months. Tho tlmo required for the
laying tho remainder of tho cable from the
Hawaiian Islands to the Philippine. Islands
will depend on how quickly tho cablo can
bo manufactured, but Mr. Mackay hcllovcs
tho wholo eahlo will be completed within
two years from this date.
I'rnnU Krne llefenteil,
Ilt'PK"AI.n Sen! -l.-ronl, L-
weight champion, wns defeated bV Jim
NEBRASKA LAW TURNED DOWN
Jndp UoFhanon Disuoti Thru flutntti
aid EddiThem Unconititutitnai,
DECISIONS IN THE UNITED STATES COURT
I'Vilernl .lnrlt Overturn Tire I tl
ntirniiee Iteuiilnlloii mill l.ntv Itc
IntliiK to MtoeU Yard Chnrgos
StiliHtnuee of Declnlon.
Thr.eo statutes of tho stato of Nebtnska
were declared Invalid by decisions which
Judge McPhcrson, who hna chargo of tho
equity docket In tho United States rlr
cult court, handed down nt Council
IllnfTs yesterday. Two laws passed In
IS97 for the regulation of flro Insurance
companies were declared unconstitutional
and tho lnw passed In 1S!7 for thn regula
tion of tho charges to bo mndo by tho
South Omaha stockynrds for tho feeding
nnd yardage of stock vvn held to be In
valid because of a defect In the title.
Thn statute which attempted to fix the
rhargris to bo piade by tho stockyards com
pany Is known as senalo file No. 63. Green
lief W. Simpson of Massachusetts brought
action to restrain tho enforcement of the
lnw on the ground that tho stockyards
company Is n private corporation and Is
not engaged In a public business and that
Us affairs aro not subject 'o legislative
control. Ho also set up tho rlnlm that the
rates fixed by tho legislature would bo con
fiscatory. Judge McPhcrson did not give any ruling
on theso points, but gavo his decision on a
defect In tho title of tho bill nnd tho failure
of the legislature to pas tho mensure prop
erly. l'llKiiKe of the Hill.
Thn bill was introduced, read three times
and pasti'd In tho senate under tho follow
ing title, which wns also attached to tho
mo, mure when it wns read for tho third
tlmo in tho house:
A bill for an act to regulate stock vnrds
nnd to tlx the commission for tho snle of
live miock therein and providing punish
ment for tho violation thereof.
Tho tltln of the bill nt two of Its read
ings In tho house and at the tlmo when
tho governor signed It, was as follows:
A bill for an net to regulate certain stock
yards by declaring them public markets
nnd defining the duties of the person or
person oiioratlin; thn siinin nnd reiriilntlmr
all charges thereof and providing penalties
ior inn violation tnorcor.
Judge McPhcrson discussed tho title ns
follows In hnpdlng down tho decision:
Thn decision of tho Nebraska supreme
court ns to whether a statute was legally
passed and In conformity to the Nebraska
constitution, Is binding upon this court
nnd If tho Nebraska supremo court had
not so held 1 would so hold. All provisions
of a constitution are mandatory. There is
no aiich thing ua a directory provision in a
constitution. The title of thn net Is all es
sential. Not n word can bo ndded to or
taken from thn title by thn governor. I
have no doubt but that the engrossing clerk
made n mistake and took a copy of the
wrong paper to tho governor. Someone
made the mistake and It Is not material
who made It. The m Intake wns made and
tho paper signed by tho governor was not
tho measure passed by thn two houses, Ho
must sign It as passed by th5 legislature
or It Is not a law, Th.cref.oro the irinnmtfn.
In question Is not one of tho laws of Ne
braska. IiiNiifitnee I. nn In (ltientlon.
Tho Insurance lnws declared unconstitu
tional aro sennto files Nos. 2 nnd 330, passed
In 1SS7. Roth of those measures aro di
rected ngalnst truita and combinations and
provldo agalnBt combinations In matters of
flro insurance. No. 330 la directed against
Insurance compnnles alone, while tho other
law Is almei at combinations In nil worts
of business.
This decision was rendered In a raoo
brought by tho Niagara Insurance company
to prevent thn statn officers of Nebraska
from enforcing tho two laws. Tho olllcora
wero enjoined from enforcing tho laws nnd
Attorney General Smyth made an nnswer
in which ho denied tho unconstitutionality
of tho measure, denied thnt any attempt
had been mndo to enforco tho laws and
stated that insurance companies do busi
ness In Nelirnska by more tolerance.
In hio decision Judge McPhcrson declared
that If laws are constitutional they must
bn enforced and nftcr discussing the two
mensures at length pronounced them In
valid because they threaten tho liberty of
contract.
Senate (llo No. 2 provides what tho rates
to bo charged 'jy companies shall be, limits
tho amounts to be pnld agents as commis
sions and makes provision for tho manner
of doing husinets. Judge McPhcrson states
In his decision that other (ompanles nro
allowed to make agreements and that In.
Mirnnco companies cannot be singled nut
and leglslnted against while other corpora
tions nro freo to do aa they please.
This law provides the number of officers
a company ahall havo and seeks to prevent
the compare from entering into nn agree
ment not to insure saloons nnd other has
anions risks. This nttempt to dlctnto the
manner of carrying nn biiblnoss wns hold by
Iho Judgn to In- oven moro obnoxious than
tho other sections of thn law.
Sennto file Nn. Mil dcclnrcs against com
binations of capital or skill or acts by
which attempts nro made to fix prices.
Judgo McPhcrson stated In his opinion that
tho measure Is so broad that It would pre
vent two fnrmers from ontcrlng Into an
ngrcenient not to sell tholr onts to n mill
unless thoy got a certain prlco. Ho hold
that two competing merchants could not
legally ra Into partnership undor thn law
providing such parnorshlp was designed to
work any regulation of prices.
Willi! (he Court Hold.
In concluding his opinion, which doclared
theso two measures unconstitutional, Judgo
McPhorson said:
Docs tho passngo of nn unconstitutional
statute amount to thn withdrawal of con
sent for a foreign corporation to remain
in tho stato? 1 had supposed and still bo
llevo that an unconstitutional law wns as
though never passed. How can an uncon
stitutional statute bo regarded as a with
drawal of consent to a foreign Insurnnco
company to remain nnd do business in thn
state? That the legislature of Nebraska
ran withdraw such consent thero can bn no
doubt. That the secretary can placo oner
ous burdens on tho foreign Insurance com
panies 1 have no doubt. That thn legion
turn can dtsctlmlnnte In favor of Nebraska
insutunco companion nnd against forel-n
Insurance companies Is to me equally clenr
A strong presentation of theso matters
Is made by Judgn Shlras in caso of in
surance company against llerrlntt, Ul Fed
oral Reports, 711. Hut the Htatutes with
which 1 am dealing apply to all Insurant
companion, resident and foreign, nnd the
btatutes urn enually void. In my Judgment
an to all and 1 can reach no other conclu
sion but that complainants should havo a
decree and It Is so ordered
Cannot Kxelmln Anurelil!,
NEW YORK. Kopl. 23.-Immigration In
spectors at the port of Now York nro
exercising a greater degree of vlgllun 'o
than formerly as a result of thn general
demand for the excl.islnn of anarchists,
While Commissioner Fltchlo admits that
under existing laws Iim has no authority
to exclude Immigrants on tho ground that
they nro anarchists, tho Inspectors nro very
careful In the vising of all papers where
thero Is Buy reason to suppose that thn
newcomer Is In any way seeking entrance
eoiUrnry (9 tbv lawa that govern tits caoe.
CONDITION 0FTHE WEATHER
Forecast for Nebraskn: Pair nnd Much
Cooler Tueday. Wednesday 1'nlr, Winds
Hi coming Northerl.
Teiiipernliire at Uuinlin Yeteriln t
lour. Itea. Hour. I)cb.
ft 11. n til t p, in SI
i n. in i:t i: p, in si
7 a, in..,,., tit :t li, iii...... s:i
S n. nt Ul ! p. nt Ml
! li. in Us .1 p. in Sll
It) ii. in 7 'J it p. in S.1
II it. in T. 7 p. in , S-
t- III 7t) S p. Ill 71)
II p. lit...... 77
SAWS THROUGH JaTI BARS
Allraeil llorxelli lef l'ciipe from
Coiiiily .tnll n! llenver
I'ltj.
HEAVER. Neb.. Sept. 23.-(Ppcclnl Tele
gram.) James Shoemaker eicaped from tho
county Jail last night. He sawed his way
through tho heavy bar of his cell and then
through tho Iron bars guarding tho win
dows to tho Jail. He had acelstance from
tho outside. Tho Jail was searched a few
days ago and no nws or tools were found.
Saws and pieces of two by four had been
passed to him through a window.
Shoemaker wroto a letter to a local pa
per, which ho dropped In tho road near
town. It gave a humorous account of hU
escape nnd scoted tho officials who had him
In charge. Ho wns charged with horse
stealing and his trial was sot for next
month.
CHANCELLOR 0N VERACITY
li. Ilenjiiiiiln Andrew .Maintain Unit
L)lliK I Never .liiNllllnlile for
Any l'urpoe.
LINCOLN. Neb.. Kent. 5.1 Chancellor K
Ilenjnmln Anlrews of Iho University of
Nebraska gave to tho Associated Press this
evening tho following correction nnd denial
of n report started at Chicago concerning
an address hu recently delivered there:
A report Is in circulation to tho effect
till,! I,. flHi-rt .... . ....... I I .... . . .1.
........... ...i.- ,, tciiii-ii mm oiooill
ill t)i I 'ttlt.tr ,1... .xt .!.,. I.. .1...
... .... . . , ,!i,-,iKu i uiumii loin
under certain circumstances lying Is Justl-
ilium-, i nn report is ausniuti'iy raise and
without foundation. Some careless reporter
.ui-L iuhu ncnoco io me a view WHICH
1 mentioned. In tho lecture referred to I
maintained with all thn Ingle and waimth
at my command that lying Is never Justifi
able under any circumstance or for any
iiurpoie whatever. No other Idea or mean
ing occurred to any Httontlvo listener.
E. UENJAMIN ANDREWS.
PRISONER'S FREEDOM SHORT
(iiurle llronii, (iini'ucit vvllh Aitiill,
oon Itelnrtieil to Pupil.
Hon .lull.
PAPILLION, Nob.. Sept. 23.-(Speelal
Telegram.) Chnrlcs Drown, who nssaulted
1 Hilda Peterson four weeks ago and who
waa committed to Jail In default of getting
bond, broke Jail this evening nt fi:30 nnd
It was thought he had escaped, but ho was
Been by Mollin Powell, who gave the alarm.
J. It. Nicholson and Frank Powell gavo
chaso and captured Hrown nfter a hard
run.
COLT BUCKS B0Y INTO TREE
l'leron .Smith, ,lr Hn Skull Fnte
lnreil liy a I'ltll nt SI.
Kiltvnril,
ST. KDWAHD, Nob., Sept. 23. (Special
Telegram.) Plcrson Smith. Jr.. tho young
est son of P. D. Smith of this city, was
thrown from a young colt ngalnst a large
tree, fracturing his skull, bursting several
blood vessels and rendering him uncon
scious. This afternoon Drs. Mnrtyno nnd
Goer of Columbus came up on a special
train to tnnt him.
SWIFTS AND SIOUX CITY
Conlllel Iiik Iteiiorl n to I'lircliiixe if
Monk turd anil Krccllnn
of I'll! II t.
SIOUX CITY, la., Sept. 23. The Evening
Tribune makes the positive Rtatement that
Swift & Co. has purchased tho Credits
Commutation company's jnil.000 of pre
ferred stock in thn Sioux City Stock Yards
company, giving Swift Co. control or Iho
yards. This means n third ' packing com
pany hern.
CHICACO, Sept. 23. Chlcngo ofllcJals of
tho Swift Packing company declaro that
there In no foundation for tho story that
Swift & Co. haH accurcd control of tho
Credits Commutation company. While
some of tho Swifts are at present In Chi
cago thnlr representatives claim thnl tho
company has no Intention o! eroding a
plant at Sioux City.
MILLION FOR PEOPLE'S CHURCH
lieorKe How mini lroiule II lo l)r,
iiiomn, Whose PreneliliiK
Won If I it.
CHICAGO, Sept. 23. Oeorgc W. nowtnan,
a wealthy miner, hat agreed to glvo to
tho People's Church of America $1,000,000
of tho earnings of his mines to further tho
work of tho church, ft Is said "othor mil
lions" will bo forthcoming If needed. This
statement wns mado today by Dr. Hiram
W. Thomas, founder and head of tho Peo
ple's church. Ho said ho wan satisfied of
tho reliability of Mr, Ilowman nnd that a
committee has reported that his mlnoB con
tained suindent wealth ior Mr. Howman to
make his promise good. Mr. llovvmnn for
sovenil years, when In Chicago, haw at
tended Dr. Thomas' church.
ANTI-TAMMANY TICKET IS OUT
Coiifereiiee Coiiiiultlee of the OrKiinl
zitllon Approve One with
l.oiv nl It llend.
NEW YOHK. Sept. 23. The general ron
ferencc committer of the antl-Tammnny or
ganization tonight approved a full llcknt
to bo presented to thn different conven
tions. Soth Low (republican), president of
Columbian university, heals the ticket,
Edward M. Grout (democrat) Ik the selec
tion for comptroller nnd Charles V. Kernes
(democrat) for president of thn board of
aldermen.
.Movement of Ooeiin Veel Sep!. s:.
At New York Arrived Steamers Vurnps
sla. from fJlasgow nnd Mnvlllo, via St
Johns. N. I'M Mnasdam, from Itottcrdam
nnd Boulogne.
At Yokohama-Arrlved-Onellc. from San
Francisco, via Honolulu, for Hong Kong.
Kalled-Duko of Fife, for Hong Kong and
Tacoma
At Liverpool-Arrived -Parisian, from
Moiitre.il.
At Kobe (September 20)-Halled Kalsnwo,
from Tacoma, for Now York.
At Gibraltar Hailed Trnve, from Uonoa
nnd Naples, lor New York.
t fllasgow Arrived Sarmatlan. from
Montreal; State of Nebraska, from New
York,
At Hromen-Arrlved-HarbaroMa, trom
Now Xorlt.
HOSPITAL IN RUINS
Main Building of Norfolk IsititutU. for
Insane Eitlralj Coasumid,
BUT TWO LIVES LOST AS FAR AS KNOWN
Ona Victim, Twioa RmoYed fratnBnrniag
Btracturi, Batumi to Fatei
OTHER INMATES WELL UNDER CONTROL
Attindanta Work Sjstonntically to Reiona
Their Unfortunati War.i.
MEANS OF FIGHTING FIRE INADEQUATE
1111111111111: Could Hate lleen .Snv nil with
Trllllnir l,oa If -Vnter tipply
nnd Fire Appiit'ittiis Had
lleen at Hand,
NORFOLK. Neb.. Sent. 23. (Rneclnl Teln.
gram.) Property valued at J123.000 was
uesiroycu. nnu two lives wcro lost In tho
burning of tho main building of tho Norfolk
Hospital for tho Insane, this morning. Th
dead :
VICTOIt KASPKIt of Colfax county, twice
taken from thn blaring building, rushed
back a third time, and perished In the
flames.
12. JKSPKHSON of Cheyenne countv.
badly burned when rescued, and died of
his Injuries during tho dny.
It was 3:20 o'clock when tiro was dis
covered by Night Watchman Slmernl In
what Is known as Ward K ot tho malo do
partmont of the Norfolk Hospital for tho
Insane. The origin of tho fire It. not exactly
known, but Is silppojod to havo been in a
Miperhcnted stetim pipe In tho tunnel vvhlch
runs under tho entire building beneath tho
basement cells and contain all tho mains
for steam and water and thn. elec
tric wiring. It spread rapidly lo
tho now wing and although thn
nttemlnuts worked like veteran firemen
they soon discovered their Inability to ropn
with me flames. At 3:30 n hurry-up call
was given to tho city volunteer llro demirt.
went, which responded to tho enll and, nl-
tuougn tho run was about four miles, good
tlmo wna made. When the llreinon nrrlveil
thoy could not savn tho building owing
to tho pcnurlnusncsH of former legislatures
which failed to furnish nderiuato moans of
fighting fire. Tho llro lighting apparatus
wntcn they have, not being standard hIo.
nn connections could bo made with tho titv
hoso and what water supply thoy did have
was exhausted within a half hour.
l,OKllitttirf I I. lite.
Tho last legislature made an appropri
ation for a ulamlplpo and now wells nnd
hnd thoy boon completed tho building could
hnvo been saved with but little damage.
As It wns all thn force of attendants nnd
the city flro departments could do after
thn water supply failed vva to get out
what they could of tho furnishings and
efforts belonging to' the state, after first
seeing that tho patients wcro safely outsldo
and under guard.
So far aa known this wns accomplished
with tho loss of only two men. Tho to-
malo patients wore all taken nut without
any trouble, albeit some wero without
clothing, as their part ot tho building wns
tho last to burn. One of tho malo patient,
however, wandered Into tho clothes room
of Ward K, whero tho flro started, nnd
had to bo taken out through tho window
after tho attendants hail battered nnd
broken tho Inch Iron bars which cnclokcd
the window. Liter tho man dashed back Into
thn building and wna burned to death. Ills
namo Is Victor Casper. No ono recalls
whero ho Ih from and tho records nro loo
much scnttered to ascertain now. During
tho excitement several of tho pallnnts stam
peded, but all havo been located and will
bo taken caro of.
llooK anil I'll pee Siiv'eil,
After caring for the patients all hands
turned to carrying out furnlturo nnd nx
tures and the books of the Institution. Thn
grentcst portion of the belongings of the
stato was saved. All tho bonks and papeia
nro Intact, but mnny of tho attendants Inst
all thny had except tho scant clothing they
gathered up and put themselves Into when
tho alarm was first given. When tho work
of rnrrylng nut was dona all lhat tho fire
men could do was to protect tho laundry,
storehouse, bollcrhouso nnd othor build
ings upon tho grounds and stand nnd watch
Iho llamca slowly eat their way through
the entire main building.
At this tlmo thn main building Is com
pletely ruined. Nothing remains hut bare,
bleak walla and smouldering heaps of rub
blah. Had thero been proper facilities for
lighting tho flro thousands of dollars might
hnvn been snved lo thn state, ns tho Urn
could havo been easily checked In Its In
cipient singes with little or no damago done.
ZeitloiiM I'liynlelmiN,
Drs. Tcnl and Young worked like heavers
and wero to bo found here, thero and every
whom looking nfter thn work nnd to tho
comfort of tho patients. Superintendent
Teal left nt noon for Lincoln to
mako his report In person nnd to
sco what arrangements can bn mado
for rebuilding. For tho prcsont thny
will bo nblo to lake caro of tho
patlontB without transferring to tho other
Institutions by potting a number of tho
counties or tho friends of tho patlenta
lo tnko tho cnnvalescentu and earn for
thorn under parole until audi limn ns the
work of mbuildlnp rnn be dono. The nth
era will be temporarily housed In tho re
maining bulldlngR nnd barns which tho
management will havo titled up for that
purpose. Tho feeding of thn patlenta nnd
attendants can bo carried on, as tho cull
nary and ntoro departments aro In good
running order, but meals will have to bo
served outdoors for the tlmo being.
Tho loss to tho state will ho about
9125.000. and la not covered by Insurance.
All that now remains of the mnln build
ing nrn bare walls and Bmouldarlng ruins.
The grounds all about aro strown with a
profusion of furniture, hrddlng and nil kinds
of household and housekeeping parapher
nalia. Conveyances of every kind aro In
demand and almost thn entlro population
has been out 'to vlow tho ruins. Kodnk
fiends were ovorywhoro In evidence.
Dr. Ten I'm Aeeoiml.
Dr. Teal was asked by a Hoe reporter at
noon If ho had anything to say especially
about thn lire. Tho doctor snld:
"Thera can bo no question ns to thn
origin of tho flro. It broke nut about 3 .n
In tho tunnel between the engine house and
tho main building, whero thn steam plpoi
and elr.ctrlo light wires aro carried. Thi
blaze tvas undoubtedly caused by Homo dn.
feet In thn wiring. This tunnel Is novnr
visited by any but the engineer who In
spects It. Hats may havo gnawed the In
sulation off the wires.
".When tne blaze was discovered. w might