The Omaha Daily Bee
JSSTAKLISIIJSD JUXH JJ, 1871.
OMAHA, TlICltSDAY MOtttfliNG, BECIiMBEK 5, IDOl-TWELVB PAGES.
sing us corv iav.K cents.
mm
i SENATE'S BUSY GRIND
Ytabtri of Upptr latm of Canjraii lard
at Wark Tranand Lwi.
DRAITIC MEASURES ON ANARCHISM
Itnral Bills An Iatraduoid. i
. .t 1a ' ' It
u jar Dt man rniij.
HALE WANTS STATEHOOD FOR OKLAHOMA
Baiifarotmint of tha Gsarj Exoinion let
Urg ai bj Loica.
HANSBROUGH'S BILL FOR IRRIGATION
Jn h Measure Prnpiwetl lij' Nrunlur
liiirfRc I'lnn In llcvlrd I'rntlillitK
llevrnne for- (hr 1 li 1 1 1 1.
Iilno Islnnd.
WASHINGTON, Dec. 4. Prnctlcnlly the
ntlre tlmo of the sonatc today wan devoted
to the Introduction of bills nnd resolutions.
Two of thoso mensitrcs, relating to the sup
pression of anarchy nnd tho dealing with
iinnrchlsts, wore allowed to Ho on tho tabid
ho that their authors, Mr. McComas of
Muryland and Mr. Vest of Missouri, may
bring them to tho early nttcutlon of tho
senate. Tho Inthmlnn canal report 'was
iranKinttteil to tho senate hy tho president
nnd several Mils providing for the construe
tlon of tho waterway, one of them hy Mr.
Morgan of Alabama, who has led the move
ment for tho canal In tlm past, were pre
sented. 'J'o Punish Anarchl!,
Senator Hoar today Introduced a hill for
the protection of tho president, which pro
vides an follows:
That any person who shall within the
limits of tho 1'nlted State or any place
Miilijcct to tho Jurisdiction thereof, willfully
kill or cniisn the death of tho president of
tho United States, or any olllcer thereof,
or ahull kill or enuso tho dentil of tho
ruler or chief magistrate of any foreign
country, shall bo punished with dentil.
That any person who shall, within tha
limits of the United States or nny place
subject to tlm Jurisdiction thereof, make
an attempt on tho llfo of tho president of
tho t'nlted States or nny officer thereof,
or who shall mnkn nn attempt on tho llfo
of tho luler or chief magistrate of nny
foreign cojntry, shall lie punished with
ilon tli.
Trent with Acetiinpllec.
That any person who shall within tho
limits or the United States, or any place
subject to tho Jurisdiction .thereof, advise
the killing of tho president of the United
States or any ofllccr thereof, or Hhnll eon
splro to accomplish tho same: or who shall
advise or counsel the killing of the ruler
or chief magistrate of nny foreign coun
try, or shall consplro to accomplish tho
same, shall bo punished by Imprisonment
Jtot exceeding twenty years.
That any person who bus conspired as
aforesaid muy be Indicted nnd convicted
separately, nllhiiugh the other party, or
parties, to tho conspiracy are not Indicted
or convicted,
That any person who shall willfully nnd
knowingly aid In tlm cscupn from punish
ment of nnypcr?on trullty of either of tho
nots mentioned In tho foregoing sections
shall bo deemed an accomplice after the
fact, and shall bo punished ns a principal,
although the other party, or parties, to
said offense shall not bo Indicted or con
victed. llnimlirntiKh'n Irrluiillon Hill.
Senator Hansbrough reintroduced his Irri
gation hill of last session with various
nmendmonts. It provides for tho setting
asldo of tho money derived from tho sale
of public lands In tho arid and semi-arid
legions of the United States and tho col
lertlun of these moneys In a fund to ho
used for tho reclamation of tho arid lands.
Tho secretary of the Interior la given
rhargo of this fund and of all tho tletalh
of Its collection nnd expenditure. Ho Is
authorized to make aurvoys and construct
reservoirs whero necessary nnd to condemn
tho lands necoBsary to do so.
Wat or is to bo distributed nnd persons
whose lands are benefited are to pay for
tho same, tho funds thus collected to go
Into tho reclamation fund. Senator Hans
brough has borrowed one section from tho
Ncwlands bill, providing that nothing In tho
proposed law shall bo allowed to conflict
with stato laws bearing on tho subject of
irrigation. Tho secretary of tho Interior Is
authorized to Immediately dcslgnato what
aru arid and scnil-arhi lands.
Ntntrl(ood fur Oklahoma,
Senator Halo reintroduced tho raelflo
cable bill as it passed" at the last session
of congress. It provides for tho construc
tion by tho government of a cable from the
western const of tho United States to Ha
waii. Senntor Fairbanks today Introduced a bill
for the ndmlsslon of Oklahoma as a stato
nnd providing that tho capital shall be lo
cated at n town to be railed McKlnley, In
honor of the lato president.
Itrvpiiiir for Philippine.
Senntor Lodgo Introduced i bill to provldn
revenues for tho Philippine Islands. It pro
vides that the tariff passed hy tho Philip
pine commission September I, 1001, nnd np.
Ptoved by the secretary of war shall re
main In full fnrco nnd effect. This covers
goods going Into the Islands.
Section 3 of the bill provides for levy
ing tho same duty and tariff on goods
coming Into tho United Slates from the
Philippine Islnnds that are now collected
from foreign countries.
Section 3 provides that, until otherwise
vrdnrcd, statutory laws of the United
States shall not be In force In tho Phil
ippines, except as ordered by tho Phil
ippine commission.
Section 4 provides that all duties col
lected In tho Philippine Islands Hhnll he
paid Into the Philippine treasury,
Kufnrce Cenry Art.
Senator Lodge today Introduced a bill
providing for the removal of tho tun years'
limitation on tho Chinese exclusion act,
thus leaving Iho provisions of the Geary
net In foreo. That net, which was ap
proved May 5, 1S!2. excluded the Chluesn
Indefinitely, but tho Scott act of November
3, 18(13, limited the exclusion to ten years.
In case thero Is no legislation In the mean
tlmo the ten years' limit would expire
next May. Senator Lodge's bill Is brief
nnd Is an follows:
That ha much of section 1 of tho act of
congress approved November 3, ISM. "To
prevent the coming of Chinese persons
Into the United States," us limits tho ex
clusion of said Chinese porsor.s to ten
years from the passage of said not of May
6. H'.', Is hereby repealed.
In addition to Senator Lodge's bill for
tho continued exclusion of Chinese, similar
bills wcro presented by Senators Mitchell,
Fairbanks, Stewart, Quay nnd Penrose.
Senator Mitchell's bill also applies to tho
exclusion of Japanese nnd Filipinos and
their descendants, ns v. oil as to the- de
eccndnnts of Chinese,
Tii lie port AuarchUf,
Senator Harrows today introduced a bill
Continued on Second Pago, I
LABORI FINALLY EXPLAINS
lilKht Tli rim ii mi vllcucil llri'tii-li He
Iitccii licyfn mill Ills
Attornr) .
PAULS, Dec. 1. The recent recrudescence
of Interest In the Dreyfus case hns created
several Incidents which, while they do not
affect the question of the Innocence, of
Dreyfus, throws Interesting light on tho
subsequent relations of Dreyfus, Holn
nch, Laborl, M'lcqunrt and others,
''"'narh's withdrawal of his brief
' ' Maltre I.aborl In tho. suit brought
lit " " former by Mme. Henry was the
first ' ,;hnt drew attention to the rup
ture bei .1 them. Lnborl about the same
lime published nn article In the (Irande
Revue, which ho edited, on the political
situation, In which he pointed nut that
the Dreyfus affair was closed by the fact
that Dreyfus had accepted n pnrdott. In
acquiescing to this settlement and In ne
ceptlng settlement I-nborl concluded that
Dreyfus' friend had removed the question
from a high mornl plane Into one of pure
personalities nnd that the Dreyfus question
had ceased to be human and universal.
These declarations Indicated a rupture be
tween Lnborl and Dreyfus,
Laborl toilay breaks silence. In nn nrtlcle
published by the Journal, the llrst of a
series which ho announced, entitled "My
Kxplanatlon." What he says today Is not
of the first Importance, but Is evidently a
prelude to interesting revelations regard
ing his relations with Dreyfus and Ilelnach.
He say.i that ho censed to be counsel for
Dreyfus a year ago, at tho request of tho
Dreyfus family, and that In view of di
vergence of opinion as to the conduct of the
Dreyfus trial and the subsequent amnesty
question ho asked Relnaoh In October, 1893,
to allow him to relinquish his briefs In tho
Henry nnd other enses, but Ilelnnch np
penlcd 1 1 his devotion, pointing out the
grnvo effects of a public separation between
them.
Lnborl concludes with snylng that ho has
endured tho calumnies nf his adversaries
for years past, but to allow himself to bo
ralumlnated by clients or friends of clients,
ns la tho Echo do Paris article, which ho
know .4 camo through an authorized in
formant, Is too much to expect from his ab
negation. He will reply thereto In tho next
article.
GOVERNMENT HOLDS COLON
Inhabitant Gull)- Cclchrnle Hie He
capture of the Capital
CI I-.
COLON, Dec. 4. The Rrltlsh cruiser
Tribune, which snllcd from hern Sunday
with tho Uritlsh consul on board, hns re
turned to Colon from llocns del Toro,
bringing news that the latter town Is In
tho hands of the government nnd that Its
Inhabitants nro gaily celebrating tho re
capture of Colon.
Captain Galloway of Tribune nnd Mr.
Hudson, tho nrltlsh consul, havo gone to
Panama on a special train to make a com
plaint to tha government of the alleged
Ill-treatment of Tribune's bontswaln by
Colombian soldiers at nocas del Toro.
They claim that no punishment was In
flicted on the offenders. Trlbunn had a
boatload of armed men rendy to land In
caso of necessity. r-
llocaa del Toro Is a banana town, where
American, British and othet foreign Inter
ests nro supreme, especially the first men
tioned. Tho peaco commission, composed of a
representative of prominent llbernls of
Panama, a representative of tho Colombian
government and General dc la Hoa, a
secretary of General Dtmlngo, who stnrted
for tho Interior to Interview General!
Diaz and Lugo nnd induco them to give
up tho struggle and return to Panama, re
turned to thnt city today. The commis
sioners saw General Diaz, who agrees to
lay down his nrms nnd ,romo to Pnnntna
under the same conditions which were
ngrccd upon at tho tlmo of tho surrender
of Colon.
General do la Itosa, who surrendered
Colon to the government forces, will. It In
roported, be nppolnted a commissioner to
go to Tumaro for tho purpose of arrnnglng
an exchange of prisoners.
DENIED RUMORJPROVES TRUE
Heportcil Dud llrtnrrn Mnjur Vnu
Tot anil Prince Ifrtiry Snli
atnntlnUwI. AMSTERDAM, Dec. . In spite of offi
cial denials Investigations show there Is
substantial foundation for the story of a
duel having bocn 'fought between Prlnco
Henry of Tho Netherlands, husband of
Queen Wllhelmlnn, and Major Van Tots,
the queen's nide-do-camp. It nppcars that
n dinner nt Hot Loo her majesty was hurt
by some Inattention on tho pnrt of the
princo nnd spoke to him sharply. Prince
Henry retorted offensively, whoroupon Ma
jor Van Tots mndo n remark regarding
tho impropriety of tho prlnco consort's
conduct. A quarrel followed between the
nlde-do-eainp nnd tho princo, who had boen
drinking freely, and a duel with swords
was fought after dinner. Van Tots was
wounded. He has. since boon removed to
Utrecht to bo operated upon. Tho same,
incident gave rlso to another duel between
Prince Henry and a gentlemnn of tho
court. The latter was slightly wounded.
GOLD BASISJS INEVITABLE
Ornilunt Depression In Silver In
.Mexico mill Hlse of Yrllovr
.Metal.
MRXICO CITY, Dec. 4. Tho rapid rise In
exchange, ns shown by the gold premium, Is
the theme of discussion In financial and
business circles. Some bankers regard tho
depression In silver as temporary nnd hope
for a speedy reaction. Others lesB sanguine
point to tho fact that far eighteen years
thero has be'en on the whole a constant
downward tendency Hnd tho expression of
tho belief that eventually Mexico will have
to come to a gold busts Is common.
New York exchange stands at 132 pre
mium and this seriously affects Importers.
Several heavy orders about to be sent lo
the United States have been held back pcud
lug u more settled stato of exchange. On
the other hand, the low price for silver Is
very favornble to American capitalists buy
ing property here.
MISS STONE IS SNOWBOUND
lilt railuriltioii Proven 1ni She llu
XiH llfi-n hi Klllilrclh
Vnllej.
CONSTANTINOPLE Dee. 4, Tho recent
silence of Miss Kllen M. Stone, the cap
tive American missionary, U largely attrib
uted to the unusually heavy snows. A
minute Investigation of the Kllldrcth val
ley, whero the captives nre reported to have
been burled, hns nearly been- completed,
but falls to show that Miss Stone nnd her
companion, Mme, Tsllka, were ever iu that
district.
DROPS ON PRESIDENT HICREY
Wtittia Lttft Dupoiu Him and Elicta
Jmi3 WhitflaM.
TEBEAU ALSO HEARS SOMETHING FALL
M mi n In it Ik (ilirn Knnsns CM J- Frnn
ehlne nml Denver's l to ho
Avtnrdcd l'Vust .striken I,cn
nnn nf St. 1'iuil.
ST. JOSKPH, Dec. 4. (Special Tele
gram.) Tho Western base ball league Is
still In business nnd will be conducted dur
ing tho coming season practically as It was
last, according to tho statements of a ma
jority of the league members, who held a
wnrm seralon In one of the parlors of the
Hotel Mctropole this afternoon, President
T. J. Illckey was practically deposed and
James Whitfield of Kaiuns City electrd hi
successor.
I'p to this afternoon President Thomas .).
Hlekey of the Western league and Oeorgn
Tebeau, who wore tho prime movers In the
orgnnlratfon of the American nssoclntlon
In Chicago a few days ago, were confident
thnt tho Western league was a thing of tho
past. The leaguo lives and President
Hlekey and Mr. Tclenu were today per
mitted' to leslgn.
President George Lennon of the St. Paul
club, who has boen closely Identified with
Mr. Tebenu nnd Mr. Hlekey. was dropped
from tho lengue. Tho SI. Paul franchise
will be retained by tho league.
President Hlekey called the meeting to
order a little after 3 o'clock. Thoso present
were: George Tebeau of Knusns City, A.
U. Ileall of Minneapolis. William Ilourke of
Omnhn, Frank I'lynn of Ucs Moines. Thoma.i
F. Hums of Colorado Springs nnd W. T. Van
Ilrunt of St. Joseph.
Mr. Tebenu assumed to represent Denver.
Ho endeavored to recall his resignation
from Kansas City and sought to have tho
transfer of tho Denver franchise from
Packard to himself ratified, but failed In
bolh Instnnces. Ho was repiesented by
Judge Charles Strop of this city and says
he will go Into court to endeavor to compel
the recognition of his alleged rights In tho
Denver club.
The members of Iho meeting promptly
told Mr. Tebeau thnt another man would
own nnd control the Denver franchise.
Mrlioln Cniilnln Kiinn City.
Charles Nichols, pitcher of tho lloston
tenm, appeared before tho meeting and
asked to bo recognized ns nn applicant for
the Kansas City franchise, acting, ns ho
did, In tho name of James Mnnnlng. Ills
request was granted nnd Mr. Nichols will
be tho mnnuger and captain of the Kansas
City team. Tho transfer of tho Colorado
Springs franchlso from Thomas Hulen to
Thomas F. Hums was ratified.
The report of President Thomas J. Hlekey
showed J250 lu tho treasury and Inquiry
on tho part of one of the magnntos devel
oped tho fact that Mr. Illckey had Just
drawn his last month's salary, the point bo
Ing thnt he wns drawing pay from tho
Western lengue all tho time that he was or
ganizing tho American association.
- James Whitfield, the newly electeil presi
dent, took his scat nnd Mr. Hlekey retired
from the room. Mr. Whitfield cnllcd a
meeting of the league for 8 o'clock tonight,
when the. work for tho coming season was
entered upon. Mr. Itourke, owner of tho
Omaha franchise nnd who hnd purchased a
franchise In the Amerlcnn association. Is
lo bo tho center of tho fire from the Amer
lcnn people. Ho served notleo upon Mr.
Hlekey today that ho would not accept tho
franchise, giving ns his reasons that Mr.
Hlekey nml Mr. Tebeau hnd nlrendy cn
denvored to make n denl with nt lenst two
othor cities to nceept iho Omaha franchlso
later on, leaving Mr. Hourko entirely out
In tho cold.
Tivo Tennis In Omiitin.
Thomas J. Hlekey, late presldont of tho
Western league, gave out tho following
statement, tonight: "Wo closed Inst year's
business nnd I tendered my resignntlon, as
I had intended to do, and It was accepted.
Mr. Ilourke of Omiiha has withdrawn from
tho Amerlcnn association, but the Impres
sion that Minneapolis would withdraw was
erroneous. Minneapolis will stay in tho
American association. We will put n club
In Omaha nnd tho circuit will stand an
originally arranged. My hendqunrtcrs will
be nt Chicago, nnd nil plans made two
months ago will be cnrrled Into effect. I
will leave St. Joseph ns soon nn I can get
my business affairs clenred up."
This Indicates that Omaha will have two
teams, Rourke's In tho Western league,
Hlckcy's In tho American association.
Protection nf JViillomil Demiituletl.
The leaguo officials at tho night session
wcro at work until midnight, going over
dctntl matters. It was decided to main
tain clubs nt Minneapolis. St. Paul, Omaha
nnd Kansas City, regardless of tho actions
nf the American association. President P.
T. Powers of the National association wns
notified by wire tonight that tho Western
leaguo claimed nil tho territory It held dur
ing the last year nnd that the territory
would continue to he claimed under the
five-year contract.
Tho board of directors wns Increased from
threo to nvo with the president as chair
man. Tho members nre: James 1L Mun
nlng. Knnsas City; W. A. Rourke, Omaha;
Thomas F, Hums, Colorado Springs, and
W. T. Vnn nrunt. St. Joseph.
fho president's salary was Increased
from 11,800 to $2,000 a year. President O.
H, Powers of tho Western association was
notified thnt nil the rules of tho National
would bo enforced. The meeting ndjourncd
to tho second Tuesday of January.
SCORES SENATOR HEITFELD
Idaho 1'iipiillst Uhiilrninii I'rntenU
AkuIiikI I'riipimltliin In Ills.
IiiiihI Party.
HOISK, Idaho. Dec. 4. Chairman D, II.
Andrews of tho populist stato committee to
night gave to tho press a copy of a very
sharp letter written to Senator Heltfeld In
reply to tho Intter's suggestion that the
state committee bo summoned to meet nnd
tako steps to dlsbnnd tho organization. The
chairman flatly refuses to couslder such a
proposal nnd declares ho has tho support
of tho populists of the stato In tho stand
he hon taken.
ADVANCE IN PRICE OF LUMBER
KiiiirmniiM lleinnnil Semis !cnle of
lliilldhiH Mnlrrlnl I'p In
Top Notch.
MINNEAPOLIS, Dec. 4. Tho price list
committee of the MIselBslppt Valley Lum
bermen's association today ngrecd to ad
vance the price of lumber from SO cents
to $3 a thousand, according lo grnde. A
similar advance was mado July r. The
committee lays the Immense demand Is re
sponsible for tho action.
JURY CONVICTS SALISBURY
City- Atorney nf Ornnit Itnplit,
Mich., Foil ml (inlltjr nn the
Ilrllier.v ChnrgF,
GRAND RAPIDS, Mich., Dec. I. The su
perior Jury In tho bribery ease against City
Attorney Lant K. Salisbury returned a ver
dict of guilty today after deliberating nil
night.
Salisbury was Indicted bythe grand Jury
last summer nn the charge of accepting a
bribe of $"fi,000 for his nsslstnticc'tn pushing
through a deal by which tho city" of Grand
Rnplds wns to award to cnslern capitalists
a $1,000,000 contract for furnishing the city
with water from Lake Michigan.
One of the trial's sensational features was
tho charge of prosecution that Stale Senntor
George Nichols, one of Salisbury's attor
neys, had attempted to bribe the people's
principal witness.
Indicted with Salisbury were Henry A.
Taylor, a young New York .millionaire. At
torney Thomas McGarry nnd Slllson V. Mc
Lend. Judge Newham of tho superior court
todny denied tho motion to quash the con
tempt proceeding against Slnte Senntor
George Nichols, charged with jrylng to bribe
the people's chief witness vvhllo acting for
Lnnt K. Salisbury, who ws convicted
today of bribery. He ordered' tho contempt
proceedings stayed and dlretied the prose
cuting nttorney to proceed ngnlnst Mr.
Nichols on tho charge of subornation of
perjury,
Lnnt K. Salisbury was Indicted In Chl
cngo for grand Inrccny on-n charge pre
ferred ngnlnst him hy Guy G. Ilartun of
Omaha. In discussing the.' conviction of
Salisbury. L. F. Crofoot. ntlomcy for Guy
C. Harton. stnted thnt Salisbury's convic
tion In Michigan will probably prevent him
from being tried on tho charge upon which
he wns Indicted In Chicago.
"Although tho charges nre entirely dif
ferent, I do not see how the man enn bo
brought to trial in Chicago after tho turn
his case liar, taken In the Michigan courts.
It was n surprlso to mo that he was con
victed n Michigan, for ho Las tho most
mnrvclous political pull of any mnn I ever
kuew. Ho Is at tho bend of njpolltlcnl ring
which Is nlmost Invincible," said Mr. Cro
foot. J
SOLDIERS DIE COMING HOME
Vesnrls l.nnil nl Msin Prsilclvn rrllh
, t
Troup from I'll II-
IpplncM.
SAN FRANCISCO. Dec. 4. The transport
Hancock nrrlvcd today from Manila, In nd
dltlon to tho passengers nnd soldiers tnken
on at Manila Hancock brought thoso trans
ferred from Warren, which In turn hud
taken them from Shcrldnn at Nagasaki.
Hoth Shcrldnn nnd Warren mot with acci
dents, nnd when Hancock stnrted from
Kobe It ran on a Bnndbar, but. esraptd with
slight Injury. Among Hancock's passen
gers wcro Congressmen Weekf nnd Dar-
111011(1. r
Hancock brought 900 soldiers, Including
casuals, sick nnd dlschnrgcd. Titer were
two deaths on Hancock, and jjntong the
twenty-seven bodies on board-Srej.lhose of
several soldiers who passed jjtin Sheri
dan and Warren, Wfills'o. MiVrfman of
Company K. Third Infantry, died of dysen
tery November 23, nnd on tho some day
Mnry C, Solon, a colored servant, suc
cumbed lo tuberculosis.
, Tho men who died on Sheridan were Cor
poral Yi. K. Manning of Company L. KIghth
Infantry: Daniel M. Martin. Company M,
Sixteenth Infantry; J. B. Wntklns. Company
L, Fifth lnfnntry. The deaths which oc
curred on Wnrron wero thoso of Andrew N.
Denton, marine corps; William C. Willis,
Thirty-first coast artillery; William Good,
Twentieth Infantry; James A. Wllbourne,
Forty-fifth lnfnntry, U. S. V.. and Fred
Jones, Sixth cavolry.
Lieutenant Freeman of tho Twenty-first
infantry roturned on Hnncock with the re
mains of his wife, who died from typhoid
fever.
Tho bodies of Lieutenant A. T. Crockott,
Twenty-first Infantry, nnd Lieutenant
James C. Williams of the Twenty-first In
fantry were also brought home.
MUST STAND BY PLATFORM
. or in mi K. Muck nf .'evr York Dcpre
entrn Periodical Chanters by
Democrat.
LAKKWOOD, N J., Deo. 4. National
Democratic Committeeman Norman E.
Mack of Now York said today, with refer
ence to tho McClellnn and Fitzgerald res
olution, that tho domocratlo national plat
form of 1900 would stand until a now one
was mado nnd nothing but harm nnd dis
ruption to tho party could come from any
attempt to change It until it Is done by tho
representatives of all states In tho con
vention of 1901, for unless the democrats
of tho eastern states stand by the last
declaration of tho party, dominated by tho
southern nnd western states, thero would
bo no good renson why tho south nnd west
Hhould nbldo by tho national platform dom
inated by the oantern states In 1004, If they
should succeed In controlling and dominat
ing tho convention,
"The fact of tho matter Is," he said,
"that the democratic party cannot afford to
chango their national platform every
minute. If they do not stand by tho pres
ent one for four years what nssurnnce will
tho people havo thnt thoy will stand by tho
next ono for four years? I don't mean by
this that tho 1904 cnmpalgn should not he
conducted on entirely dlfforent Issues than
that of 1900."
ALL TRACTION LINES MERGE
lilunnllc ('orpnrnt Ion Formed
I'lttKlmrK lUcniues HReclivo
First nf Yenr.
In
PITTSHURG. Dec. 4. The stockholders
of the Philadelphia company met here to
day and concluded ono of tho largest deals
In tho history of Pittsburg, whoreby all
but one traction line In Allegheny county,
tho West End company, will corao under
tho control of the Philadelphia company.
Tho stockholders voted to tncrense tho
cnpltal stock of tho company from 121,000,
000 to $30,000,000 nnd the authorized bond
issue from $6,1.00,000 to $22,000,000. The
consolidation will be effected January 1.
IMPLEMENT MEN FIGHT TRUSTS
Sti'iinir itcaolntlnu Inlriidncril at
Meetintc of the Assnclnllnn
Held nt Wlchltn.
WICHITA, Kan., Dec. 4. At a meeting
nf the Implement Dealers' association of
the northwest today, D. W. Hlalne of Pratt
Introduced a resolution calling on tho mem
bers of the association and other mercantile
concerns to organize non-partisan nntl-trust
leagues and to turn down any congress
man who will not pledgo himself to anti
trust legislation. Resolution woa adopted.
SETTLE NEBRASKA OFFICES
Itiittr Millar! Plan to Eat SeTtral 0n
tMti far Faitmaittr.
STANTON IS AMONG THE WA1TIN8 ONES
Ivcnrney May Go In Kcrsry t. Holmes,
Con si n nf .Murk llnnmi Vnrlous
AVcslcm Tuple In Wnsh-
I II R (111.
(From n Staff Correspondent.)
WASHINGTON, Deo. 4. (Special Tele
grntu.) "It 'Is my lutcntlon to settle some
postofflces In tbo next few days," said Sen
ator Millard tonight, "but tho Stanton office
Is not ono of tho offices to bo renched Im
mediately." Senator Millard still hesitates
over a. decision between tho two contend
ing forces, hoping that one or tho other
will eupllulato and that tin agreement will
be reached upon a mnn who will bo mu
tually satisfactory. It Is reported among
Nehrnsknns here thnt Senator Millard has
notified Chairman Robinson of tha Huffalo
county republican central comtnltteo that
he has decided lo appoint Kersey O. Hotmeu
postmnster nt Kearney, lo tako effect Jan
uary 14, whon tho term of tho present In
cumbent expires. Mr. Holmes In n first
cousin of Senator Marcus A. Hanna. Ho
has been one In n field of seven candidates,
llnr Association Mini Out.
"I mndo nppllcntlon for tho tiso of tho
upper portion of tho now postolllco building
nt Omnha for tho Slntn Hnr association,"
said Mr. Millard, "but wns told that It was
ngnlnst publlo policy."
W. R. Annln, superintendent of the west
ern division of rural free delivery, arrived
In Washington today, accompanied hy
Charles H. Llewellyn, Inspector for No
hraska. Annln has been cnllcd east on
mattcrn affecting his division and Mr.
Llewellyn comes to meet his brother, Mnjor
Llewellyn, a former Ncbruaknu, now of Now
Mexico.
Captnln Charles W. Taylor of the Ninth
cavnlry, now stationed lit tho Soldiers'
homo In this city, will be given his ma
jority in all probability in tho next list of
nrmy appointments Hcnt to tho senate.
Captnln Taylor was quartormastor at Fort
Robinson, Ncb when that post wns built
nnd ho is hoping that good fortuno may
strike hlut again and send him back to
Nebraska Instend of tho Philippines. Ho
still suffers from wounds received nt San
Junn hill, Cuba, but says ho is ready for
any service.
l.cnnliiK nf Imllmi I.iiiiiIh.
Ira Hatch, Indian agent nt tho Cheyenne
reservation. South Dakota, was at tho
Indian olflcc, where he was presented
to Commsstoner Jones by Representative
Hurkc. .Mr. Hntch 1b hero In regard to the
leasing of lands nn tho reservations com
prising the Choycnno River ngency. Ho
says the Indians nro willing to Ichso their
lands for cnttle grazing nt tho rate of $1
n hend. They do not favor tho permit sys
tem, which Involves lenses for a term of
years. Tho plan of allowing cuttle to gruzo
nt $t a head Is In forco in many of tho
Slo'.iX fesrvntloils ami will bo .put Intp
effect at Choycnno River.
Senntor Gamble nf South Dnkota Intro
duced hills today for tho erection of a pub
lic building at Dcndwnod, for the estab
lishment of n national soldiers' homo nt
Hot Springs nnd for tho restoration of an
nutles of tho Meduwnukaton and Wnhpa
koota Indians, who live In South Dakota,
declared forfeited by the act of congress of
February 1. 1SC3.
Senntor Wnrrcn of Wyoming Introduced
many bills which failed to pnsa nt tho last
session, especially those to erect a monu
ment to tnnrk tho slto of. tho Phil Kearney
massacre, providing for tho erection of a
public building nt Laramie, for tho rent
ing of lands to aid normal schools and for
the holding of terms of court of tho Hlghth
circuit in cither Denver or Cheyenne.
Department Note.
Additional rural free delivery hns bceu
ordered established February 1 at Russell,
Lucas county, la. Tho routo embraces
thirty-three square miles, containing a pop
ulation of 530. John H. Wlllot wns np
polnted cnrrler. Tho poslotllce nt Olmltz
will bo supplied by rural carrier and Ola
will bo discontinued.
Postmasters appointed:
Nebraska ICugeno U. Austin, Stcvona,
Frontier county, vice S. Cole, resigned; C.
W. Morrow, Wilcox, Kearnoy county, vice
D. C. Shctlcr, removed.
Charles M. Corlevv wns today appointed
assistant Janitor In the publlo buldlng nt
Stoux Fnlls, S. D.
Tho postoftlco nt McCaffroy, Holt county,
Neb., will bo discontinued nfter December
14 nnd mall sent to O'Neill.
Tho First National bauk of Lincoln, Nob.,
has been approved ns n reserve ngent for
tho Nebraska City Nntlonnl.
ENFORCES DECISION AT ONCE
.Secretary nf (rrcnsnrr Issncs Orders
to, Philippine Cnllcclnr
of Custom.
WASHINGTON, Dec. 4. The secrntnry of
the treasury todny Issued the following clr
culnr of Instructions to collectors of cus
toms regarding tho refund of duties col
lected from Imports from tho 1'lilllpplno
Islands:
Referring to the recent decision of tho
supremo court of tho United States rela
tlvo to importations from tho Philippine
Islands, I havo to confirm depnrtment's
teleirrnm of the Ikl Inst, as follows:
"Discontinue, require) entry and collec
tion of duty or merchandise shown by
manifest of vessel to be such ns shipped
fiom Philippines. Allow freo delivery
goods In bond. Detnln cigars nnd cigar
ettes until International revenue .slumps
nro affixed under (droulnrs SI and hS cur
rent year. Refunds will hu made by cer
tified statemont whero protests nro duly
filed."
With regard to tho matter of refunds, I
hnv to state that In addition to forward
lug certified statements as nbovo directed,
you will forward certified statements lu
cases where no protests have been filed,
when so requested hy the parties In In
terest, with a view to submitting estimates
for appropriation to congress Hhould It ho
found that no existing appropriation Is
available.
RUFFIN GIVES TESTIMONY
Describe In Detail Process In Ills
eoveiiuHr lllnoil Slnlna nn Mrs,
llnnliir's Clothe.
WASHINGTON, Dec. 4. Tho testimony
Introduced by tho defense In tho Ronton
trial today was for the purposo of com
batting the statement of Dr. Shaeffer, Iho
government expert who had examined tha
garments worn by Mrs. Ilonlno on tho night
of tho tragedy nnd who testified that ho
found no blood spots or traces of blood on
them. Dr. Sterling Ruflln described In do
tnll tho tests by which ho had discovered
a number of blood stnlns on Mrs, Honinn's
wrapper and slippers. Dr. James Carroll
and Dr. J. W. Uoveo also testified.
CONDITION OF THE WEATHER
Forecast for Nebraska Hutu or Snow In
Kastern, Fair and Colder In Western
Portion, Thursday: Friday F.vlr; Colder
In Kastern Portion: Southeasterly Winds,
llecomlng Northwesterly.
Tnupcrnliit'c nt Omnhn Yclcrdnyl
lliitir.
IIck. Itnur. Uck.
m U, I p. in . , . . , , US
n U.". M p. in -t
in un :t n. n :io
n.
it n.
T n.
s n. in iir, . p. in ;to
i a. in sir, r. p. m :io
! n. in it p. iii "t
t . Ill - 7 p. Ill U)
VI in , , Ult M p. nt UH
t li. m i!S
GOOD FOR THE WINTER WHEAT
Siiiivrfnll In Northern Knnsns I Wel
comed n( Thin Mnce nf the
Wlnlcr.
"If this snow Is falling nt home," snld ti.
K. White of Concordln, Kan., at tho Del
lono last night, "It means thousands of dol
lars for the farmers of tho county, ns It
will bo the salvation of tho whrnt crop.
"People down thero wero beginning to bo
nlnrmed nt tho lack of snow. Tho ground
wus dry, which wns a slight ndvnntnge, but
they havo feared thnt Iho ground would
freezo hard before snow fell. Such a con
dition would Injure much winter wheat, ns
often when tho ground thus freezes tho
grain Is killed. There Is n larger ncrengo
of wheat than usual In northern Kansas
this Henrou, ns the failure nf the corn crop
following the largo wheat harvest nf last
year has ntlrnctrd many fanners to the
smaller grain. A bail winter would menu
much damage, nnd Increased labor, ns the
fields would havo to ho planted to corn or
oats again In the spring."
NEBRASKA'S WJjlTE BLANKET
AVelennie Nninv funic In Viirlnn Sec
tion ur the Mnlc, llernlillim
Itcnl Winter.
II K AT RICK, Neb., Dec. 4. (Special Tele
gram.) Tho first snow of Iho season be
gan hero about & o'clock this evening. Tho'
snow is falling fast and u high northeast
wind prevails.
ST. HOWARD, Neb.. Dec. 4. (Special
Telegram.) A heavy snow has been fallln.?
hero nil tho nflcrnoon, the first of tha sen
son. PIKRCK, Neb., Dee. 4. (Special Tele
gram.) A light snow hns been fnlllug hero
nil the nflcrnoon,
HUMPHREY. Neb., Dec. 4. (Spcclnl Tel
egrntn.) Tho nrst enowstorm of tho sea
son struck this plnee nbout " o'clock with
a fall nf about nn Inch. Indications nro It
will snow nil night.
KANSAS UNDER HEAVY SNOW
Precipitation Continue nml Itcinlt In
Dry Section AVIH lie
Valuable.
TOPBKA. Dec. 4. KanBns Is receiving
a heavy snowstorm tonight, which covers
tho entire eastern hnlf of tho state. In
Topcka snow began falling nt G o'clock
this afternoon. Lnwrenrc, Osnge City,
Rindlngf ffnipotia and Strong City arc In
eluded In tho storm district, which ex
tends ns fnr west as Hutchinson. If tho
snow proves as heavy us expected II will
be of great benofit, giving a much-needed
supply of moisture,
KANSAS CITY, Dec. I. Light snow be
gan falling early tonight and promises to
rnntlnuo all night. The air Is wnrm nnd
tho Bnow Is pnrtly melting.
SOUTH DAKOTA BOATS TIE UP
It tier Full of Slunli Ice nml Ground
Covered with Sleet nml
nn lv.
PIKRRK. S. D.. Dec. 4. tSpeclnl Teln
gram.) A heavy snowfall provalln here to
day, following a nleotstorm this morning.
Tho rlvor Is full of sltmh Ico and boats
have all been compelled to tic up.
TYNDALL, S. D Dec. 4. (Special Tojo
gram.) It has been snowing hnrd since
noon. A strong southenst wind is blowing.
It Is the first real winter day.
HURON. S. D., Doc. I. (Special Tele
gram.) A snowstorm has prevailed hero
nnd over the greater part of tho stato Muco
noon. A stiff, wind from tho eolith drifts
the snow. The temperaturo Is mild.
BURGLAR THIRTEEN YEARS
II. Wchcc Make Cnufclnii nml
Gel Fifteen Yenr In .til,
oiirl I'rlnun,
KANSAS CITY, Dec. 4. F. II. Wobor, a
burglar, who operated extensively In St.
Paul, Minneapolis and Kansas City, and was
arrested In Denver and sent hero for trial,
was today sontenced to fifteen years iu tho
penitentiary.
Weber, who Is n tailor, .17 years old,
pleaded guilty. Ho unld that he began
housebreaking In Minneapolis thirteen yonrs
ngo nnd slnco thon had been both tailor
and burglar. Ills Intention was, ho snld, to
get money enough to start In tho tailor
business for hlmsolf.
When arrested in Denver Weber snld ho'
wan In tho act of reforming and ho was
about to start for Callfornln to bo mar
ried. He hnd committed no burglaries In
Denver.
FOOT RACE MEN ARRESTED
l'Vilcrnl G rii ml .lory Indict llunalcr
nf niir Wln-
lllllttH,
FORT SCOTT. Knn Dec. 4. Oeputy
United States Mnrshnl Plntt of southwest
Missouri today arrested Robert Ilontrlght,
nnd Gllletto nnd K. G. Ellis of the Webb
City Foot Hnclng club, which honBla of
having won $200,000 during tho last eighteen
months. They were arrested on Indict
ments returned by the federal grand Jury.
All wcro tnken to Carthage and put under
bond, lloatrlght's bond is $2,000, while
tho others wcro put under $3,000 each.
Movement nf derail VcnscIn, lire, l.
At New York Arrived Ocoauic, from
Liverpool. Hailed Covic, for Liverpool;
Philadelphia, for Southnmptun, .reland,
for Antwerp, via Cherbourg; Majestic, for
Liverpool,
At Yokohama Arrived Thlrn, from Port
land, for I long Kong, Snlled (Nov. 291
KmprcsH of Indlu, from Hong Kong, for
Vancouver.
At Liverpool Arrived Dominion, from
Portland: Lnko Ontario, from Montreal.
At Cherbourg Arrived Patricia, from
Now York, via Plymouth, for Hamburg,
At Rotterdam Arrived Htntcndnm, from
ow York.
At (Jueonstown Arrived Celtic, from
Now York, for Liverpool. Sailed Ultonla,
from Liverpool, for Huston.
At I long ICuiiR Hailed Duko of Fife, for
Tticoma.
At Southampton Sailed KiiIsit Wllholm
tier firosse. from llrmen, for New York,
via Cherbourg
At Hrow I leHil-Pfi8Hd Germanic, from
New York, fur Qucvnatown and Llvorpool,
POLICE BOARD CASE
Snprami 0ar l.idi Badall Jaok U la
Triad bj Oammiiilen.
DISSOLVES JUDGE ESTELLE'S INJUNCTION
Flra aid Palio OaMmiuiamra ItTa Klj h
t IiTHtifatt EiaplajM.
UNDERTAKES TO OVERTURN HOME RULE
Opinioa Eipramd thnt L.iilatara Hu
Powir Out Matrapolitan Oitiia.
CHIEF JUSTICE N0RVAL FILES DISSENT
Cnniiul Anroc vtlth l)ecllun It one hid
In llcKiiril lu ii VliMler thai Was
Not Presented fnr Deter,
tuluntlnii hy Court.
The supreme court, sitting at Lincoln,
Inst evening hauded dowu an opinion in Ihn
case of Rcdell against Moorrn' which undur
tnkes to overrule- Its decision In tho enso of
the Stnle, .'ngnlnst Moores nnd revive Ihn
legislative act which conveys to the gov
ernor tho right to appoint a board nf fim
nnd pollen ciiinnilf slouerii for tho lily of
Omnhn. Tho constitutionality of tho art
giving Iho governor thin appointing power
was the principal question considered by
tho commissioners In tho Rcdell litigation.
Tho decision of the lower court Is reversed
and Iho enso reminded for further proceed
ings. Ton opinion wns written by Commissioner
Alberts, Judges Sullivan and lloleomb nnd
ConiinlMlnners Ames and Dumo'cnncurrlng.
Chief Justice Norval dissented, adhering In
his opinion lu Iho caso of tho Stnto agnlm.t
Moores.
In tttn derisions the miprcino court has
hold that tho legislature Is without power
to convey lo the governor tho light to ap
point local officers for n community or inn
ukipnllty, and both of them nro overruled
by tho decision given last night. The llrat
wns In tftnto ngnlnst Monies. In which
Judges Harrison and Norvnl concurred nnd
Judge Sullivan dissented, and tho second
was lu Statu ngnlnst Kennedy, In which
Judgo Sullivan gnvo nn opinion iifilrmlng
tho former decision, but on the grounds of
Ton Judlrnta nnd not on tho reasoning con
tained therein. Judge Norvnl concurred
nnd Judgo Holcomb took no pnrt lu tho
ensc. '
SjIIiiImi nf the Ciinc.
The syllabus lu tho ense of Rcdell ngalnt
Moores Is ns follows:
Whero portions of a statute arc held un
constitutional. If tho remainder I not so
connected with such poitlliu n lo bo In
capable of separation and the remainder l.i
ii complete ant, and not dependent upon
the imrt hold Invalid, th hitter alone will
not bu disregarded and the remainder up
hold, except In cjises whero It Is apparent
that tho reje"ted pnrt was nn Inducement
to the adoption nt' tho vem.iluder,
ln the construction of n Hlatntc i-uihIn
will lako Judicial notice or cventit which
nro generally known linil mailers of cmn
inon knowledge within tho limits of tholr
jurisdiction.
The power to create a municipal corpora
tion Ik vested In tho legislature, and tin
piles the power to create II with such limi
tations ns that Imdy may sen lit to tmpo.o,
and tu Impnyo such limitations nt any stugu
of Its existence.
The legislature may by h t ii tu to confer
upon the governor tho power to appoint
members of the hoard of tiro and police
commlSKluliers nf titles of tho inelropulltiiii
class. Thn State ngiilust Moores, C5 Ne
braska, overruled.
('iiiumlNKluticr Alhcrl'M Opinion.
In the opinion Commissioner Albert says
This notion was brought iu tho district
court of PoughiH enmity by John Rcdell.
chief of the Urn department ul the city uf
Omaha, against Frank '., Monies iltnl nth
is, constituting the Hoard of Fire nml
I'lilleo Commissioners of that i.ity, lo re
strain the defendants tium heating anil
determining certain charm m filed with thn
board against the plain V and front ie
innviiig ami Hiihpcudlui'. him from snld
office. The trial couit found fur the plain
tiff and entered a decree aeciirillligly ; tho
defendants bring the case tu the Miprcmo
court on appeal.
The fole MueHtlmi presented by Ihn ap
peal Is, whether the Hoard of Flic and Po
lice Commissioners have authority tn hear
and determtno the ehiirgen tiled iigalusl thn
plaintiff and tu remove or suspend htm
from otllco lu wise Its findings on said
charges should bo adveiso to him.
The determination nf that question In
volves tha constitutionality of section bin.
chapter xll.i uf the. compiled statutes. That
section as a part of the act passed hy the
legislature tu 1M7. Tho section referred to
provides that lu each city of tho motropoll
tan class thero shall ho a board nf tiro ami
pollen commissioners, tn consist of thn
mayor and four electors of tho city, who
shall ho appointed hy tho governor.
In the case nf thn Stato ex re I ngnlnst
Moores, Ki Nebraska, 410. this court held,
Sullivan, .f.. dissenting, that so far us thn
act In question iixsumes to confer authority
upon the governor to niipolut membeis nt
thn Hoard of Fire and Police CoinmNsloii
crn, It Is tmeonstltiitlonal on the ground
that It Is nn unlawful attempt In ileprlvu
the people of thn cities or tho metropolltuii
class of tho right of local self government.
(iic(luit nf Invalidity'.
After citing several Nebras'ka cases Jurtgs
Albert continues:
In view of tho doctrine announced In tlm
oases Just cited wu nro not cnllcd upon to
determine thn offect of u decision lu th"
case of thn Stato ngnlnst Moores on tho an
tiro net. because It follows Irresistibly Unit
thn section held Invalid drugs down with It
only uucli other parts ns urn tusupnrnbly
connected with, dependent upon, or Incom
plete without It, or for tho passago of
which It hervcil us an inducement.
Tho attempt to confer upon tlm governor
tho power to appoint members of tho Hoard
of Flro ami Pollco Commissioners and th
masons urged lu support of such inouumn
nro n part of tho legislative history of thn
stnte. Nn other fcuturo of the uct under
consideration, nor of thoso It was lutnndoil
to supersede, attracted so much attention
or Invited so much discussion us that
which plnces tlvn power of appointment In
thn hands of tho governor, removing, ns It
wns claimed nt thn tlmo, tho Hoard of Flrn
and Pollen Commissioners from tho In
duction of locnl politics. It Is a matter of
common knowiedgn that this fenturn of Ihn
act, so far as thn Hoard of Flrn und Pollen
Commissioners Is concerned, was thn chlnr
Inducement to Its pnssage. Without that
feature its promoters would havo regarded
It much as thoy would have regarded thn
play of "Hamlet" with Hamlet loft out
Nothing to our minds shows moro clearly
thnt tho Invalid portion wnu un Inducement
to tho passage of tho other parts of sec
tlona quoted thuu tho fact that with such
Invalid portion omitted resort must bo hnd
to suction 72 to carry out tho remalndor.
Section 72 shows clearly an Intention on thn
part nf tho legislature to limit Iho an
pointing power of tho mayor to such ofll
corn whuso appointment hns not been
othervvlso provided fnr by thn net; mcmbori
of the Honnl of Flro and Pollen Commis
sioners nro Otherwise provided for by tin
net. becauso It provides tor their appoint
ment by tho governor. Tn hold, under the.
circumstances, thnt It would bo carrying
nut tho intention of tho legislature tn per
mit thn mayor tn appoint thn members of
such board would do violence to common
sense, which, after nil, Is tho llnnl arbiter
In matters uf doctrlnnl construction.
I'uner lu Try II file 1 1 .
Tho opinion closes with tho following con
cluding paragraph:
It would fullnw, (hen, that thn Ronrd of
Fire arid Pollen Commissioners, having
been created by valid btututnry enactments
and thereby clothed with full authority t i
do thn acts nought to bn restrained herein,
and tho defMidnntn being at least do facto
mombers thoreof, tho decreo of tho dhtrl' t
court should bo reversed and tho cuuoo ni
I