0
TIIE OMAHA DAILY BEE: SATURDAY, DECEMBER 21, 1901.
to prevent the flying squadron from destroy
ing Colon snd, perhaps other of the enemy's
vessels an they lay at enchor; that nn effort
whatever was made to do so on the 20th or
on tho SO of May and that the attempt made
on the 31st wan brief and abortive."
' It is complained In paragraph 16 of the
paper above mentioned that certain cau
tlonary orders issued by tho department
wcro not 'In tho lightest degree' referred
to by tho court.
Ilenaeil Tlinr Order".
"Th no cautionary order wcro Introduced
In evidence and fully discussed In argument.
Wo contended that quite obviously they had
no application to tho conditions existing at
Santiago on the 291h, 30th aud 31st of May
snd the findings of tho court that Commo
dore Schley 'should have endeavored to cap
ture or destroy the Spanish vcssuls at an
chor near the cntranco of Santiago harbor
on May, 2D and 30' and that he 'did not do
bis utmost with tho force under his com
mand to capture of destroy Colon and other
vessels of the enemy, which he attacked on
May 31' show that the court rcachod such
conclusion.
"It msy very properly bo added that tho
claim of the nppllcani and counsel that tho
affair of May 31 was Intended merely as n
reconnaissance Is not borne out by the evi
dence, for whllo testimony was Introduced
to show that It was so designated by Com
modore Schley In conversation with a naval
cadot and with a newspaper correspondent
prior to entering upon It nono of life com
manding ofllccrs of tho vessels engaged
wcro so advised and no Instructions were
given relatlvo to tho taking of notes of
tho engagement, thu commanding o'nYcers
were, ou the contrary, Informed In effect
that tho purpo4o was to destroy Colon ami
tho officers In iharge or tho turrets of
Massnchusotts wcro Instructed accordingly
by the commodore In person.
Kvlitrncc Imll.iiiitnlile.
"Under the ninth clauso of the precept!
"The evldenco adduced before the court
from tho brldgu nnd from tho' engine room
showing that Texas was stopped and
backed 'to avoid possible collision' with
Hrooklyn Is indisputable. That danger
and ddlay to Texas nnd loss of cllstuncu and
position by Brooklyn were the Imme
diate results of tho loop executed by the
latter vessel, Is loo cleanly shown to admit
of doubt, and the finding of thu court upon
this point Is fully sustained by the evidence.
"Under tho tenth clauso of tho precept:
"It was established by tho Introduction
beforo the court of tho original lettors
themselves that Hear Admiral Schley ob
tained from Lieutenant Commander Hodg
son, a Junior ofllccr who had served tin
der him, a categorical statement that n
certain colloquy reported In the public
press to have taken place on the brldgo of
Hrooklyn, July 3, between himself and
Commodoro Schley, 'never occurred,' al
though Mr. Hodgson had assured the ad
miral that tho facts as reported wcro 'sub
stantially correct;' that the admiral gave
out for publication tho catcgorlcul denial
thus obtained, but did not publish an ac
companying explanatory and qualifying tot
ter, and that subsequently, although re
peatedly appealed to by Mr. Hodgson, Ad
miral Schley fulled to do Justice In the
matter.
Thnt HimIk"" Mutter.
"Alt members of tho court ngreo In
finding thut Admiral Schley did Injustice
to Lieutenant Commander A. C. Hodgson
In publishing only u portion of the cor
resjioudenco which passed between them.
"Tho mero perusal of tho correspondence
In this caso In sufficient to show tho cor
rectness of this finding and to couvlnco nny
Impartial reader that it could not be and
ought not to bo modified.
'"Upon the points abovo sot forth, which
Appear to embrace substantially tho Im
portant matters! covered by the inquiry, the
court Is united and Its findings nre unani
mous; they lira sustained by tho unlm-
penciled and unimpeachable testimony of
Commodoro Schley's brother ofllcers, who
served with nud under him, by official tele
grams, letters nnd reports and by tho logs
of the several vostftilR of htg squadron, and
It would 'accordingly be Idle to remit these
matters to tho same body for reconsidera
tion up an the sam evidence.
Co ii hi (live .More I'oIiiIn.
"It Is not by nny means Intended hero
to say that tho foregoing principal points
covered by tho Inquiry are tho only points
Upon which tho findings of tho court nro
In all respects or substantially unanimous,
because 'he truth Is, that tho court Is a
unit upon all points, except thoso ns to
which the ndmlral expresses Individual, but
not In alKcases, contradictory views. It
does not appear that any good purpose
would bo served by asking the court to
reconsider these.
"Aside from tho Inaccurato nnd mislead
Ing use of tho term, 'the" majority of ths
court,' tho nxt promlnont featuro of the
paper before us Is tho broad and sweeping
fashion In which tho applicant and bis
counsel declare that tho court has 'Ignored
or not considered evidence. A sample sen-
tenco Is tho following from paragraph 27,
although tho paper Is largely made up of
such, remarkable statements:
Refer to .Schley'" Tmtlmonv.
"The majority of tho court has rejected
the whole of the testimony offered on bo
half of tho applicant and has not adverted
to such testimony, and has entirely Ignored
tho testimony of thu applicant himself.
"Tho court adjourned on tho 7th of No
vember last. Slnco that dato Its members
have' been, with rare exceptions, In dally
sessions, morning and afternoon, examining
ths evldonco beforo them. It wns their
sworn duty to consider nnd weigh that evi
dence aud the applicant and his counsel
have no right to say that they have disre
garded It. nut It la particularly urged In
paragraphs 24 and 27 and elscwhcro In
tho objection that tho applicant himself
bas been Ignored. This Is merely stated,
not shown. Wo contond that the testimony
of tho applicant alone, upon direct and
cross-examination, establishes tho Impor
tant facts generally of dllatorlncss, vacil
lation nnd want of energy at Clenfucgos,
and throughout the ontlro campalgu, the
particular of the retrograde movement, tho
disobedience of orders, of the Inaccurate
and misleading ofllolal reports; neglect and
failure to destroy Colon; Injustice to Lieu
tenant Commander Hodgson nud somo
minor matters.
Hold HIkM to lunore.
"The facts of these points were nil sub
stantially confirmed by the applicant's own
testimony, so that, far from Ignoring such
testimony, they may hajc based Its more
Important llndlngs thereupon. Hut tho
court has a perfoct right, after weighing
It,' to Ignore any testimony, Nelthor tho
applicant, bis counsel nor the Judge advo
cate Is to say what testimony It shall ac
cept or what It shall reject. These mattors
may be argued, but their final 'dctermlna
tlon Is the province of tho court,
''It hsppenod In the present Inquiry that
Dragged-Down Fcelim
Tn thu loins.
Herrouinesi, nnrelwihlng sleep, despon
dencr.
it u time tna wore dolnc something.
. Th klrtneva were anclcntlr called tin
Mina!n rour ease thev are holding th(
If ins and driving you Into serious trouble.
I TboUianQS or testimonials prove mat
Hood' SmrmmgsmHIlm
ft purely tegetable compound, acts vfltt
W6 most Qircui, uviitiium v-m-. un .
kidneys. It contain! the belt nnd aateit
subMftncei lor oorrectlnx and toning tbw
It thoroughly cleanses the blood and
Mtanstbeni all me poaiiy luncwoar.
the nrpllcsnt wbllo nn the stand contra
dicted, In whole or in part, directly or In
directly, testimony given by a majority of
tho witnesses.
"My way of particular Illustration Com
modore Schley gave evidence with that of
the following witnesses; Hear Admirals
Cotton. Evans and Taylor, Captains Slgs
bee, McCalla, Cook, Kolger anil Chadwlck;
Commnnders Hodgcrs, WalnWrlght, Schroe
dcr and Hcllner; Lieutenant Commanders
Hodgson, Sutherland, Sharp, Marsh nnd
Wood; Major Wood, U. S. M. C; Lieuten
ants Hood nnd Hey nnd others.
Court' Power of t liolcr.
"In most cases these witnesses swore
affirmatively to Incidents of which Commo
dore Schley had no recollection. Whero tho
matters thus in dlBpute were of Importance
and they generally were, was not only tho
right, but tho duty, of the court to accept
the one and reject the other, nnd to report
In harmony with such decision, Every
court must do this when occasion arises ami
such netloe constitutes ho ground for re
manding the case for reconsideration.
"Somo of the minor misstatements of fact
nbove referred to as appearing In the paper
under consideration arc the statement In
paragraph 1, that there was no 'specifica
tion' covering the voyage from Key West
to Clenfucgos, when this point Is, In fact,
covered by tho first and In part by the
Bocond clauso of the precept; the com
plnlnt that there wiia no place mentioned
In tho McCalla memorandum nt which a
camp of Insurgents wns located, when the
fsct Is that tho court does not say that
there was such a rilnce, but correctly para
uhrascs the memorandum: the statement
that the McCalla memorandum was seni io
Commodore Schley only for use In connec
tion with tho matter of batteries ut Clon
fucgojt, and tho statements In paragraph
4 and elsewhere that tho Judge advocate
had substantially mado certain admissions,
whereas tho fact Is that the Judgu advocate
mndo no admissions respecting matters un
der Inquiry, excepting tho feature under
tho first rnrt of clauso 8, thnt tbo flying
squadron did not withdraw at night from
the entrance of Snntlago to a mstanco at
sea, nnd that no personal cowardice on the
part of tho applicant had been established.
lllnnu Apiilleniit'x Counsel.
"Paragraph 20 of tho paper under con
sideration reads:
'The majority of tho court havo en
tirely failed to determine ns to who was
In command of tho American nnval forces
enguged In tho battle of Santiago, the
finding of which fnct was absolutely neces
sary In order to determine properly the
first specification of tho precept ns to tho
conduct of Commodore Schley In connec
tion with tho events of the Santiago cam
paign.' "If It is true thnt n finding by the court
upon this question was absolutely neces
sary In order to determine properly mo
first specification of tho precept, then It
must bo stated that counsel for the np
pllcunt failed of Its duty during the In
quiry. Several times In the course of tho
proceedings tbey brought this question Into
court and took It out again, without giving
tho court opportunity to rule upon It, onco
even withdrawing It so hastily ns to In
terrupt the president of the court In a
sentence that promised to be nn adverse
ruling.
cm in Duty.
'If they Berlously bellevo ns they now
stnto to be the case, that tho matter of
command on July 3 wna essential to' the ap
plicant's Intciest, It wns their plain duty
not only to bring tho question before the
court, but to Insist on a hearing thero nnd
others Interested should have been heard.
To protest now upon It Is to ask that an
other officer's Interests ho passod upon
to bis possible projudlco In his absenco
and without a hearing a thing Intolerable,
whomsoever may be concerned.
In conclusion wo aro satisfied that no
good purpose would bo served by remitting
tho proceedings or nny of tho features of
this Inquiry to tho court. A inoro patient,
exhaustive and painstaking hearing wai
never given, greater consideration wns
never extended to nny officer beforo a mili
tary court of Inquiry. No expense wns
spared, no convenience or facility denied,
no courtesy refused. The applicant hns
bad his day In court and tho Judgniont Is
ngalnst him. It Is accordingly recom
mended that tho proceedings bo not ro-
turned, but that the. matter bo concluded
by tho department's approval of tho unani
mous finding.
"Wo havo tho honor to be,
"SAMUEL C. LEMLY,
"Judge Advocato Court of Inquiry.
"E. P. HANNA,
'Assistant to Judgo Advocate.
"THE SECHETAHV OF THE NAVY."
Look Mny Act Todny.
Tho roport ns appears from Its text Is
solely that of Judgo Advocato Oenernl
Lemly and Solicitor Hanna and ns such It
wns laid beforo Secretary Long. The sec
retary sold this afternoon that ho would
not act upon the report today.
He added that be would also withhold nc
tlon today on tho other matters pending
connected with this Issue, namely, Admiral
Sampson's appeal and Admiral Schley's ro
quest to bo allowed to be heard by nrgu
ment on this appeal nnd the findings of
the court of Inquiry Itsolf. Thero was nn
Intimation, however, that all of thoso mat
tors would receive attention tomorrow nnd
wouhPtu finally disposed of as far as the
department Is concerned.
Sioiit tbe fXiUBli
nnd Work Oft the Cold.
Laxative Uromo Quinine Tablets cure a cold
In one day. No cure, no pay. fries 25
cents.
FIRE DESTROYS A HOSPITAL
Hxnltrineiit mill Intenne -olil Likely
to Trove Kntnl to .Several
I'll 1 1 1; nt.
ST. JOSEPH, Mo., Doc. 20. A special to
tho Dally News from Maryvlllo, Mo,, says:
St. Joseph's hospital was almost completely
destroyed by Urn last night nnd the lives of
twenty-tlve patients were Jeopardized, fatal
results being feared In several caBes, owing
to tho shock and the r.cro weather Into
which the sick ones were Carried for refuno
from the flames. Tho thermomoter regis
tered 13 below zero nt the time of tho Are.
An. overheated furnace was t,be origin. The
estimated Iosb Is $6,000, fully covered by
Insurance. Uesldonces were thrown open
for the temporary accommodation ot the pa
tlcnts.
tinthrle State Ilnnk.
GUTHItlE, Okl Dec. 20. The State bnnk
and eight othor business buildings wero
burned today at Francis, I, T., tho total loss
being estimated at $00,000. Fire also de
stroyed much business property at Stennet,
I. T.
Snail nnd Blind Fnctnry.
CLEVELAND, O., Dec. 20. The Simon
Lumber company's warehouse, sash and
bllm'. factory and storage plant was dc
stroyed by flro tonight, Involving a loss ot
$50,000.
I-'IxIiik the Dutch lloundnry.
THE HAGUE, Dec. 20. Qrcat Britain
having fully recognized tho' fact that tho
rights of The Netherlands nro In no wise
affected by tho Paris arbitration of the
boundary dispute between British Guiana
and venezuem, the government bas ordered
tbe deltmlnatlon ot tbe Dutch frontier,
SAMPSON'S OBJECTION FILED
SccnUrjr Loig Receive! Dtoit Asking
Disapproval of Dshst'i Biptrt.
SAYS SCHLEY WAS NOT IN COMMAND
licnll Afti-rtn Hint lilt Client Wnn
the AvUiiom li-ilm-il Coiiiiiiniuler-in-Chlef
nt the llnttlc of
MnntliiMO.
WASHINGTON, Dec. 20. Tho objection of
Admiral Sampson to that portion of Admiral
De
wey'B report of tho Schley court of In-
iry lu which ho uays Admiral Schley was
qulry
In com in ii lul at tho battle oft Santiago and
entitled to the credit for tho victory wns
filed with Secretary Long today. The docu
ment was brought to ton Navy department
by Mr. E. S. Then II, the counsel for Admiral
Sampson nnd handed to tho secretary. It
Is as follow.)
Sir; As counsel for Hour Admiral Samn-
son we havu ihu honor to request that the
department, tor thu reasons nelow stilted,
MriKo out or disapprove Unit portion ot
Admiral Dewey n opinion tiled In connec
tion with the proceedings ot the Mchley
court of 1 1 1 v 1 1 r ' In which he states his
view to be thut Commoilure Schley was In
absolute command ut the naval battle of
Bllllll.lUO.
I Commodore Schley was not In com
miind ut that battle.
II ihu resident of tho United States
and thu Xav di-piir:nient had decided that
aumirui aainpson win in command in inui
buttle nnd (.ommudoro Schley second In
command.
111 Thu question as to who commanded
ut Santiago whs not referred to the court
lor consideration mid evidence bearing on
tho point win excluded.
I Commodoro Schley wns not lu com
mand ut that battle.
(u) Tho disposition of tho forces nt tho
'
noginning or the uuttie, according to win
modoiu .Schley s own statement, places Ad
m I nil Siimiihiiu In command.
Tho Hrooklyn and thu Vixen were the
westernmost of the fleet. Tho Now York
was nearer both thu Indiana nnd the Glou
cester, which werp thu northernmost ves
feln of the licet, thuti was tho Hrooklyn,
nnd when thu Indiana was heavily engaged
at the beginning of thu action the
Utntictster was engaged with tho Furor
mid Plutou. ComiiKidor- Schley says; "Tho
Indiana and the Gloucester were closer to
your tlngshlp' than to tho Hrooklyn. We
have, then, iho cuse of a ileut In u regular
formation, with tho conimnndt-r-lii-ch.of
within signal distance and closer to u larger
number of thu ships than Is the second in
command,
It Is true that tho commander-in-chief
could not h"vo reached the most distant
vessel by signals except by causing them
to be repented by an intermediate vessel
mi entirely usual course, but It is equally
true that the second In commnnd could
not have readied the remote vessels of tho
fleet (namely, the Indiana and the Glou
cester), without likewise repenting signals.
In this nt.ito nf affairs the regulations of
the navy ai d thu customs of thu (ten place
thu command and the full-responsibility
In the Menlor olllcer.
(1) The Hrooklyn's maneuvers during tho
action destroys any claim thut Commodore
Hcnioy might nave nan as io me command,
Thu llndlmr nnd opinion show that to
avoid danger tc his own whip he tnaneuv
ereil without warning to the rest of tho
squadron and tn disregard of tho licet for
mation, Deelileil Kiiiiipxoii In Coiniiinml.
II Tho president of tho United States nnd
tho Navy department had decided thnt
Admiral Sampson was In command at that
buttlu and Commodore Schley second In
commnnd.
This fact was beforo tho court, for tho
Hecrotary s letter to the senate trtato r ep.
ruary 111. IMm HtatuH that thu Himnlsh
squadron wns destroyed "uy our licet un
der iiih (Sampsons) command, ine nn
vnnccment of Lommodoro Schley was nro-
posed In recognition of his services ns "next
in ranu nt, ine victory oi snnuago.
Ill The nuestlou ns to who commanded
nt Santiago wns not referred to tho court
for conslderntlon. Kvldenco benrlnc on the
point was excluded.
tin lr uommouoro senior wns in conv
mnnd Admiral Sampson wns not, and If
the duestluii as to which was In command
wus to uo cou.iiiiuri'ii uy inu court surciy
Admiral Sanmson became an Interested
party nnd under tho precept wns entitled
to tho hearing which was repeatedly re
fused nun,
Court Imiiilreil Into Selite'n Coniluot.
(b) The language of tho precept excludes
the question as to whom commanded ill
that battle. It directs the court to Inqulm
Into tho conduct of Admiral Schley not
into his Btatim or mh to whether or nut he
wax in command mid to report its conclu
sions uflon his conduct In connection with
tne evenitt oi ine nnnmiKU cuininiiKii.
(e) Thu judicial niucurs or me couri
maintained that this matter wns outside
the scone or trie inquiry. i ney expressed
wllllngnebs to go into u it ineir view
should bo overruled, but wero In every
liixtnncn HUHtalned by thu court. Thus at
nairo 1S7 tho usblstant to tho Judge advo.
cute paid.
"finn further word ns to n sucireBtlon
jdst made as to tho Intention to show that
Aiiminu snmpson wn nui in uus unmu.
i wish to say that we do not understand
tint iho mii'Htlim whether Admiral Hnmn-
son was or was not In the battle of San-
. lr. trn lu li.iTnrn tliA eMirf. If It In we Hhull
b happy to Investigate It. Until the caso
tllices IIIIIL, liuiuiu'l u is iiiiyruin-i iu Bureau
upon the record nrpimentH and questions
which proceed upon tho theory that ho Is
In the. case.'' Counsel for tho applicant
withdrew the Question.
At pugo vw ot wio record, mo sumo manor
nelng under uiscusaion, .Mr. jt-.inna hoiu;
"If it is tne oesire or mo couri io go
Into theso things It would of course ho
proper that we snouia niso go inio inem.
it would not only! bo proper, but It would
be necessary Vo are thoroughly prepared
to go Into oily discussion of them, provided
tho court desires to so enlargo and extend
tho pcopo of this Inquiry." Counsel for
the nppllcnnt ugnin failed to press tho point
mid the court made no objection to Mr.
Ilmiiui's view. At pnges 163 nnd 10S0 thero
..ur.. almlliir riillnun hi' thu llldire ndvoenfe.
In tho cuse of an inoso declarations ineru
was acquiescence on ino pari oi ine couri.
llejeet Hvlilenee,
fill The court rejected evidence as to who
commanded. On all tho puges herein cited
fmm iii, i rproni i no couri reiocieu sucn
evldenco and nowhero was it admitted
nirrilllHt nlileettmi.
iii -i nn conn inure inuu uui-e ie uiuuaiiy
riii.wi timt this oiiL-Htlon wns not before It.
For e.xumple. at pngo 1.5SC. where the
uuetstlon wiia ns to tho position or the
oommnnder-in-chief, nnd of New ,iorK,
nnd us to tho part hoy took In tho battle,
Admiral Dowev said we do not want that,
wu nave ruled tnai oui. inn juugu an
vocato then nsked If tho court had so ruled,
nnd Admiral Jjewey reuieii; -we iiave,
Wo havo Kept isew xor oui oi ii
m ine court weni mi mi an iu mm m
nam i.42t. that Admiral Schley wns not In
command durlns thu battle. The matter
th?n Xifor"Vh.;:?ourteTUH?to the periods
during which Admiral Schley had heon in
nbsolutn command und tho Judgo advocate
mid: "Mr. liny tier, you are camming your
u.i r tn .lnlv I. lire vulir
Mr. llayncr in repiy ncquiBK-eu in una
Let Me Tell You
How to Get Well
Sond me no money; simply stnte tho book
you want. It will tell you wnat I spent a
lifetime In learning.
With tho book I will send an order on
your druggist for six bottles of Dr. Shoop's
Restorative, and he will let you test it a
month. It satisfied, the cost Is $5.50. If it
falls. I will pay your druggist myself.
I do Just as I Bay. Over half a million
peoplo havo secure! my treatment In that
way ond 39 out of each nave paid for it
because they wero cured. Not a penny Is
accepted It It falls.
There aro 30 chnnccs lu 10 that I can euro
you. No mailer now uimcuit your caso, i
take the extra, risk, for those halt million
cases havo proved what my remedy can do
My way Is to strengthen tho lnsldo nerves
I bring back the nerve power, which alone
makes each vital organ do Its duty. No
other remedy docs that, and In most chronic
diseases thero Is no other way to get well,
Don't let doubt or prejudice keep you from
asking ubout It.
Rtmnlv Btcto
I Boole No, 1 on
DvsntSDSta.
which book you
want nnd ad
dress Dr.Shoop,
Box 6tn, Ra
Ilnnk Nn. 2 on the Heart.
Book No. I on the Kidneys.
Ilnnk 4 fnr Women.
Book No, 6 for men (sealed).
Book No. 9 onRheumatUm.
cine, Wis
Mild eases, not chronic, are often ouitd
ty on cr two boiut. jyt arugfiiv
view and the court ruled thnt "nil questions
shun be confined to noiween me nrsi or
Mnv nnd-tho rimt of June.1 relating to the
organization management ami control of
Unit squadron wheirno wns actually com
mntider.ln.rlilnf." Matters referring to his
alleged command on July 3 were excluded.
On nncc 1.133 tho court confirms this de
cision. . .
mi ah nroiinneii ntiosi ons on tins sunieci
were cither rejected by the court or with
drawn iby the uppllcant who finally ac
rmUrrwl In t)t flui-tnlnna of the court .mil
gnvo up his efforts In this behalf, saying:
"I bow respectfully to the decision of thu
court and I know exactly what It means."
InntiinrpR nf llwi Wltlldrn Willi! llf such
questions nnd of their rejection by the court
will no iounu in mo ii'iuiu ui iif,!i
1.17. l.M. 4.SUU nnd 1.0SO
(h) The minority opinion expressed by
Admiral Dewey in this mutter Is nt vnrf-
nnco wim nil tne rulings w ine court in
this regard nnd directly contrary, ns tho
letters wherein Admlriil Dewey for the
court defines Admiral Sampson's status,
Must Have Opportunity to Apiirnr,
The NJ. , .Ve,1" t rm t " n n y 'pcrsontlur-
pste(f mKlu i,e' given nn opportunity of up-
tiPHrlnsr before the court In ter.on or bv
counsel nnd In protecting his rights. As
counsel for tho nppllcunt Ignored at times
(lie) couri s rulings nun spreau upon me
record nreumentfl reflecting tlimn Admiral
Sampson, we, us his counsel, three sepa
rate times, appealed to the court asking
for protection or for permission to nppear
and defend Admiral Sampson's rights.
ICuch tlmo our request wns denied and we
wero assured thnt Admiral Sampson wns
not Involved nnd finally Admlriil Dewey.
acknowledging the receipt of one of our
letters in which wo nan nppenieu to mm on
tho ground of this very question ns to who
commanded nt Santiago, mild; "I have to
state that whllo tho prcceptlon convening
nits couri g-ves it uuinoriiy to permit any
person whom it may regard ns concerned
In tho Investigation to be present Tho
court consider that Admiral Smntison Is
not nn Interested party, nnd you are further
inrormeu mm 11 rircuinsinnce ansu
wherein tho opinion of tho court render It
necessary fur Admiral Sampson to bo
represented uue nonce win oo seni mm.
t'non that promise Admiral Sampson ro
lled. The notice came only In tho form of
n minority opinion by Admiral Dewey, dts
cuphIiik mntters beyond the scope of the
precept ami nownrro inciuueu in mo incis
found by thu court.
TURN THE FIRST SOD
(Continued" from First Page.)
expansion hns never beforo been presented
io mo American people. me nations oi
tho world will exhibit, for mutual pleasure
and profit, of thu things they produce
winch win nest typify nnd niusirnie. me re
suits of their civilization, their progress
and material development In everything
Hint can eontrlbulo or Is essential to tho
betterment of mankind. Thus will tho
world protlt Immeasurably by this conv
memorntlon of one of tho greatest Ills
torlcnl events In the life of ono of its
vnunuest republics.
i no importance ot tins exposition nn a
mentis ut iMltiriitlnir ourselves mid other
nations in thu knowledge of thoso things.
that muKo us tho foremost nation or me
globo cannot bo overestimated. It will bu
imposing and beneficial too, in that It will
give to our social nnn industrial fabric a
inornl nnd Intellectual slgnlllcnnce thnt Is
the prldu of America and tho entire world.
Ono of Its chief values, however, will bu In
tho opportunity for strengthening unit cut
tivatlng more Intimate social and Indus
trial t lntlnns' but wedn tho states nnd bo
twecn the United States und foreign coun
tries, .. . .
Another great object to bo accomplished
one that transcends all others, Is the fart
that this exposition Is Intended and will
commemorate the ilrst centennial of tllo
i-rr.itrst international event In our history.
thu ono that marks the beginning of that
national policy that has made us a worm
power, without which our present Indjs
trial and poinicui supremacy couiu never
have been achieved.
World's Pair Commissioner John M. Al
len ofy Mississippi, who was to havo fol
lowod Mr.. Tawney with nn address, was
detained In Kansas City and Governor Jef
ferson Davis of Arkansas was substituted.
Uovcrnor Davis mado a fow remarks, con
fining himself almost wholly to a prediction
of tbo world's fair sucqess. Ho said
I cama from Arkansas, tho greatest state
In tbe l.oulsjana purchase, which Joins
hand Iti hand .ttlth Missouri nnd St. liuls
to maxi) this the greatest fair over hold
Arxnnsas win mane tne unesi exninit or
any stnto to b6 seen at tne coming ex
position.
Coileludm with Unnqurt.
The day's celebration, was concluded this
evening nt tho Southern hotel, whero 200
officers and directors ot tho Louisiana Pur
chaso exposition company nnd their guests
sat down to an elaborate banquet. At the
table- ot honor, In addition to World's fair
officials, weru the following: Governor
Dockury of Missouri, Governor Van Sunt of
Minnesota, Governor R P. Savage of No-
bratika, General John C. Pates of Omaha,
General 1211 Torronco of Minneapolis, com
mander-ln-chlcf of the Grand Army ot the
Republic; Hon. D. W. Wooten, member ot
congress from Texas; uongresBman Kaiiy
of Minnesota, Colonel J. D. Oglcsby ot 111!
nols, Congressman Tawney of Minnesota
nnd World'B Fair National Commissioner
John M. Allen ot Mississippi.
Among other prominent guests present
were: Messrs. J. J. ivniiaiicr ami j. j.
Yancey, World's fair commissioners from
Arkansas; Messrs. C. II. nidge, II. T Clarko,
Judge W. L. McQInncss and Major T. S,
Clarkson, commissioners from Nebraska;
Messrs. Haywood and Hancock, commission
era from lowa, and C. N. Trnvous. Honry C
uutler ana Jonn u. urown oi mo iiiiuoib
World's fair commission.
Tottt to l.ate President.
At tho request of Presldont Francis, who
acted ns toastmastcr, those present drank
In silence a toast to "Our departed and be
loved president William McKinlcy." Secro
tary Stevens then read lotters of regret
from n number of prominent persons
throughout the country who wero tinnblo to
bo present. At this point Harlow N. Hlgin
bothnm. president of the Columbian exposl
tlon. whose regrets had beon read, camo In
unexpectedly and thoso present cheered ns
he was welcomed by President Francis. The
exercises that followed were entirely of an
Impromptu nature
Toastmastcr Francis prefaced tno general
speech-making by a few remarks, In tho
course ot which ho emphatically stated mat
tho World's fair would bo held In 1903 as
scheduled. Toasts wero respondod to by
the following speakers:
Governor Dockcry of Missouri, Hon. Har
low N. Hlglnbotham of Chicago, Oovornor
Van Sant of Minnesota. Governor Savage of
Nebraska, Hon. John M. Allon, Colonel
Oglesby of Illinois, General Torronce of
Minnesota and Congressman Wooton of
Texr.s.
NOT OPPOSED TO THE PENSION
lluasell Ilnrrlson Says Ho Is
Not
I-'lKlitltiK Clulm for Step
mother. WASHINGTON, Dec. 20. Colonel IlUssell
B. Harrison, eon of tho lato Presldont Hen-
Jamln Harrison, was admitted to prnctlco In
tbe court of claims at us last session.
Colonel Harrison, In reply to an Inquiry
concerning the reason for his presenco In
Washington, said:
"I havo been here entirely on legal busi
ness. Tho report mat i am opposing ino
granting of n pension to Mrs. Benjamin
Hunison Is absolutely without foundation,
"I havo hesitated to make reference to
this matter, even to deny the truth of the
Idle rumor earlier, simply from a disincli
nation to mnko reference to family mat
tors."
l'nssenicers on San Illns Snfe.
WASHINGTON, Dec. 20. A dispatch re
ceived today at tho Stato department from
tbe United States consul general at Sandal.
vador says that tno steamer ban mas, nere-
toforo reported lost, Is nshoro near La Lib.
ertod and that the passengers nro safe.
William lleerlnr lletlres.
CHICAGO. Dec, 20. Wllllnm Drertng,
founder of tho.Deerlng Harvester company,
tnduv rutlred from the company of which
lie has been the head for nearly ii third ot
a century Sir- Dcerlng's retirement Is due
to his advanced age ana ui-neaita.
1 DIDI1TD Til nV 171) KlU T I CT
UUIIUlb 1 U u U 1 u IV It u IV 1 A 1 1
Our For Thouund Ftiirtliiti Call to lay
Farawill,
GOVERNOR WILL RETURN TO THILIPPINES
Hlrrrn fintlfnetloii of I'nmrrti
Wrontclit liy I'nrly ntitl l)relnroi
tVroim Iiuprenloii Pre
Mill Abrond.
MANILA, Dee. 20. Over 4,000 members of
tho federal party called on Uovcrnor Tntt
today 10 bld hlm ,arcwcH aml wlsn lllm u
ufe return.
The governor, reclining on a lounge, ml
dressed ISO of the most prominent ot his
visitors, snylng that ho wns touched and
honored by their presence. The organiza
tion, he added, hod done so much toward
bringing about peace, and giving tho coun
try n stable p.irty that It ntigercd more for
tho success of American labors than any
thing elso during tho recent critical times.
Tho reports circulated In tho United
States, founded on Incidents connected with
the war In llatangas province and the
Island of Samar, tho governor said, tend to
convey a wrong impression of tun situa
tion, which Is really hopeful. Through Its
officers, the constabulary nnd the provincial
governments, besides S50 tenchers, tho com
mission had excellent means ot acquiring
Information In the organized provinces, nnd
It conBtilers that there never was a tlmo
when thero wns so much ground for encour
agement In regard to the attltudo of the
Filipino peoplo toward tho civil govern
ment. I'eelliiK: Not Wnrritntrit.
Tho military disaster In Samar had cre
ated un unfounded feeling of uneasiness
concerning the condition ot the, peoplo ot
tho rest of tbo archipelago. Tho war In
llatangas nnd Samnr, kept up by misguided
men, furnishes the only obstacle to obtain
ing liberal legislation on the part ot con
gress. Continuing tho governor snld ho would
return here. Ho liked the Filipinos and
regretted leaving nt this particular time.
Ilut It was a comfort to know thut tho du
ties of tho office were In tho hands ot Vice,
Governor Wright, an able lawyer, who ym-
pathliicd deeply with tho bust hopes of tho
people.
In conclusion tho governor said ho ex
pected to be back beforo May. aud bo hoped
to havo tho pleasure of presenting tha fed
eral party's memorial to tho president.
Civil government will bu restored lu tho
inland of Ccbu on January 1 of the coming
year.
REPORTED CHANGE IN MEMPHIS
Could riu-tlon, It In Snld. Will Se
cure n (.'ontrollliiK In
terest. KANSAS CITY, Doc. 20. Thu Journal
says: A report was current hero todny
that George Gould, working with Nathnnlel
Tbnyer, had secured the controlling stock
In tho Kansas City, Fort Scott & Memphis
railroad and that tho Memphis system
would bo taken out of tho hands of tho St.
Louts & San Frnnclfco, which has operated
It for the last several months, nnd mnko It
nn Independent property In which tho Gould
Interests predominate.
According to this report Nathaniel
Thayer, who Jias long been ono of tho prin
cipal stockholders In tbe Memphis system,
was dissatisfied with the operation of that
property by thu 'Frisco, believing tho latter
road had taken Memphis route cqulpmont
for U6o on 'Frisco lines, leaving lines of
tho Memphis system unprovided for nnd hnd
otherwise used tho Memphis property for
tho benefit of the 'Frisco.
It Is Bald Mr. Thayer nnd Mr. Gould con
ferred, with tho result thnt Thayer agreed"
that If Gould would buy enough Memphis
stock to glvo his own nnd tho Interests rep
resented by Thnyer control, that tho prop
erty would bo turned over 'to Gould man
ngcraent and that tho plan has been fol
lowed. EVERYTHING CENTERS IN HILL
nnrllnnrtnn Adopts Xerr System of Ac-
enuntlntr Corresponding to
Grent Northern.
CHICAGO, Dec. 20. Tho Chronicle tomor
row will any: Hcreaftor the Burlington sys
tem Is to bo operated on tho principle ot
a department storo. Every representative
ot tho company has been ndvlsed that ho
Is to be tho solo manager of his depart
ment nnd that his profits und losses will
bo charged to hlm instead of tho company-,
as a whale. Every representative, from
tho smallest up to tho president, will keep'
a strict account ot his department, nnd
submit monthly roports to Jnmes J. Hill.
The entlro accounting and bookkeeping
system of the Burlington Is to bo revolu
tionized In this way In order thnt tho
audltlngs will correspond with tbo system
prevailing on the Great Northern road.
SCHEDULE OFJ-REIGHT RATES
Citstlron AKreeinent Mnde lletvrren
Chli'niro and Mlssonrl Itlver
Honda.
CHICAGO, Dec. 20. A castlron ngrcomont
on freight rates has been entered Into by
tho executive officers of the roads operat
ing botween Chicago and tho Missouri river.
Tho officers, who havo been In conference
In this city for soveral days, today signed
what thoy believe, to be tbe strongest agree
ment evor considered by represontatlvcH of
,0 ,
Ono of tho features ot the new dcnl will
be tho publication of nil export rates.
Tho tariffs for export shipments hnvo never
been printed by theso roads and tho pub
lication of them Is tho best evldenco ot tbo
strength of tho new pooling agreement.
Denver
DENVEH,
in Dlreot Coast llnnte.
Dec. 20. The News today
says:
Donver Is to bo placed directly
on tho routo of n transcontinental railroad.
The Denver & Southwestern and tho Colo
u" iU..,hu,..i0
Kodol
Dyspepsia Cure
Tho agony you Buffer after ciitliiB, tuat fccllDK of fullness, flatulence
(wind on tho 6tomach) and belchlnu.Ja caused by decay of undigested
rood which forms a gas that distends tho walls of tho stomach and exp
erts ft pressure nRalnst all tho internal organs. Tho eating of moro
food forces out part of this cas nnd causes belching.. Just take a little
Kodol Dyspepsia OuriK. It will relievo you at once. It never falls
to permanently euro the worst cases or Indigestion and dyspepsia.
"1 suffered untold pains from Indigestion which wero always worseaf
tor eating. Two bottles of Kodol Dyspepsia Cuuk made me a well man
and llfonowseems worth living, rcter Sherman, No. Stratford, N. II."
It can't help but do you qood
Prepared by E. O. DoWltt fcCo., Ohlcugo.
The favorite household remedy for coutrhs, colds, croup, bronchitis, grippe,
IhroaUnd lung troubles Is NE MINUTE Cough Cure. It cures aulckl
entered Into a compact by which the much
discussed South Park cutoff Is to be con
structed, giving Denver n direct routo to
J Urnnd Junction. Prom that point It Is In
tended, If satisfactory arrangements cannot
be mado with Oeorgo Could relative to traffic
arrangements from Urnnd Junction to Salt
, Lako City, to build an Independent road.
Arrangements have been mado with Sen
ator Clark, K earns and others Interested In
tho now Salt Lake-Los Angeles road which
will Insure direct railroad connection with
tho Pacific coast.
DISPENSE WITHMIDDLE MEN
lliiltliiinre A Ohio Will Hnndle Tonr
Iftts Without So Muny
Annlntnitt.
CLEVELAND, O., Doc. 20, The Baltimore
&, Ohio railroad hns announced thnt here
after It proposes to dispense with the serv
Ices of mlddlo men In handling Its tourist
business. To take the plr.ee of tho middle
men n book of coupons will bo lusucd,
which can bu used for railroad fare, side
trios, meals, transfer charges and hotel
bills. Under tho now arrangement tho rail
roads hopo to turn Into their passenger re
celpta tho money that has beon paid to tho
tourist agents.
Agree to Colonist ttntrn.
CHICAGO, Dec. 20. At a meeting of gen
crnl passenger ngents of tho roads west
from Chicago In Chicago today, colonists
rates for tho rest of tho winter were
ngrecd to. They will bo $33 from Chicago
to California ono way nnd $30 to Montana
points. Tickets will bo 'sold on certain
dates.
Another Adjournment Wltlmnt Action
CHICAGO, Doc. 20. Stockhftldcrs of the
Chicago, Irtirllngton ft Qulncy rnllwny met
today and adjourned again wituout action
unUI next Friday.
DEATH RECORD.
Seeretnry to I.I Hiiiik t'liniiK.
PEKIN, Dec. 20. Wllllom H. Pcthlck, nn
American who had been prlvnto secretary
nnd dlplomntlo advisor to LI Hung Chang
for thirty yenrs, died hero todny. Mr. Pe
thick lnsplrfl most of LI Hung Chang's
progressive schemes nnd was tho author of
bin famous antl-opluni mauttcstd. Ho leaves
nn unfinished book on LI Hqng Chang nnd
his times, upon which he hnd worked for
several years past. Pothlck s book con
tains mnny rtvelntlons concerning Chlnoio
diplomacy.
Iiitnrn (2. 1' In her.
TABLE HOCK. Neb., Dec. 20. (Speclnl.)
-James O. Flatter, who died on Tuesday
morning, was burled by tho Odd Fellows
yesterday, the funeral services being con
ducted by Pev. P. C. Johnson, 1). I)., past
grand mastor. Mr. Fisher wns a member o
the school board for several years, and the
schools closed, permitting teachers anil
pupils to attend the funeral.
Two rlnnerr Die nt Klin Crrelr.
ELM CltEEK, Neb., Dec. 20. (Spocial.)
Two old residents of the vicinity of Elm
Creek died this week. James Smith, aged
78, died at tho hospital In Kearney, Tues
day, December 10, nfter n Illness of
week. Tho funcrnl was held In Elm Creek
today. Aaron Hedges died yetBerdny at
11 a. m., nfter n month's Illness. The fu
nernl wns held hero today.
Colonel It. .1, lllnton.
LONDON, Dec. 20. Colonel Illchnrd Jo
slab Hlnjron, tho well known co-worker
with John IlroiVn, who s.crvcd. In tho union
army from lijfil to 1SG! nnn later edited
various newspapers In Washington, Now
York nnd San Francisco, died In London to
day. HO was born In London In 1830.
Minnesota Town llulliler.
SAUK CENTER. Minn., Dec. 21. Alox
apder Mooro, who wns tho second merchant
In Minneapolis nnd promoted tho townslte
Interests of Pair Haven, Clearwater, Little
Falls and other towns In Minnesota, died
hero this morning. Ho was born lu tho
District of. Columula in 1823.
A I- C.lllesple.
STILLWATER, Minn,, Dec. 20. A. L,
Gillespie, who for mora than twenty-flv
yearB haa been closely Identified with bual
puss Interests ot Stillwater, died suddenly
today of heart failure. Ho wnn formerly
member of tho firm of GIUcsplo & Harper,
doing lumbering and stcamboatlng business
Ho was 07 years old.
John' n. Cninnhell.
KANSAS CITY, Dec. 20. John U. Camp
bell, president of tho Chnmber of Commerce
association ot -Kansas City, Kan., a proml
ncnt Orrind Army .of tho Ilcpubllc man
ex-postranBter of Fort Scott, Knn., nnd for
cloven years connected with the St, Joseph
Herald, ras found dead In bed todny, age
60 years.
Cnptnln Thomns O'llnrn.
PEOltIA, 111., Dec. 20. Captain Thoma
O'llnra, one of tho host known of tbo 1111
nols river pilots, died nt his homo In this
city today, aged 61 years.
Alexnmler fJunn.
ABILENE, Knn., Dec. 20, Alexnndo
Qunn of Hcrlngton, Kan., died hern today
from tho effects of cold weather. II
claimed to bo 116 years old.
Siirnh Humes,
CHESTON, la., Dec. 20. (Special.) Mrs
Sarah Barnes, wife of Dr. Barnes, died
yesterday. Tbo body was taken to Illluol
for burial.
ICcjemn, No Cure, ho Piijr.
Your drugglBt avIII refund your money It
PAZO OINTMENT falls to cure Itlngworm,
Tetter, Old Ulcers and Sores, Pimples nnd
Blackheads on tbo face, and all skin dis
eases; 50 cents.
Skeleton on I'M kit I'ole,
CAMBRIDGE. Mass.. Dec. 20.-Early n
tho morning tho residents of Cambridge
wero surprised to see u skeleton banning
from tho top of the, flagpole on Cambrldgo
common. No ono knowx how It got there,
but tho Incident Is laid to a secret society
wliloh is BiippoHed to exist nt Harvard un
der tho nam of tho "Med Fnc." The skel
eton wns so necun-ly fastened that It wns
lmpossiblo to'fuke It down.
Digests
what you
Eat
The ft. bottle contains S times tho Wc. site.
For
Christmas
CHAFING DISHES,
5 O'CLOCK TEAS.
Artistic deilK"', innny entirely new,
nt prices from to J15,
CARVING SETS,
ROAST CARVERS,
GAME CARVERS,
BREAKFAST CARVERS
Elegant patterns lu slag, ebony,
penrl nlid tusk mountings l Eugllsh
nnd Amcrlcnu brands, from $1.25 to
$15 per set.
IMHilllt.H' sii.vr.it KMVI'.S.
rtniKs ..n sPoicns, pockiit
KXIVMM. MISMHtN It A'.OIt.S
STAH HAPin'V It.tZOHS.
IIAU.VUV A iinitnv, WINSI.OW,
Kl.ll'l'lllt Kl.l ll.
SKATES
A big line of new patterns from 50c
to $5.00.
SLEDS AND COASTERS
Many styles for boys nnd girls from
25c up.
Milton Rogers
& Sons Farnam Streets.
MMI VI) A V t.l CII.
Continental Restaurant.
1-UHl DlillUliix St.
SPECIAL TODAY.
Onuilm, DiMM-niticr ill, 1IMII.
Vt-getablo Soup, 10. Mock Turtle, 10.
Halted Whltoflsh nu (Iriitln, 20.
Moiled Ox Tongue, Plqunnt Sauce, 20.
Hoast Prime lUvf nu Jus, 20. Ktrn Cut, 30.
llbnst I.oln of Pork, Apple Sauce, 20.
Stewed Tomatoes, 5. Potatoes in Cream, D.
Sugar Corn. 5.
Fried Spring Chicken, l-'nmlly Style, 25.
Hamburger Stenk, Mushroom Sauce, 25.
Individual finked Pork nnd Heans, 15.
Chicken Salad, Mayonnaise, 20.
Green Apple, Mince, Gooseberry. Peach or
Lemon Meringue Pie. 5.
Daked Apple Dumpling, Iiuon Sauce. 10.
rtread, Putter and Potatoes Included with
fish nnd meat orders.
llcst Cup of Coffee In Omnha, 5c.
CI.KA.N'MXKSS OUIl MOTTO.
Hunter
Baltimore
Rye
The standard In
excellence for
the most genial
hospitality.
The standard by
prescription for
the building up
of health.
SoM t ll nrn-li rf nd by jobUr.
WM. LAN'Alt AN A SON, tlfcltlmor. M1.
A HOME PRODUCT
Better thn Imported.
Cook's Imperial
EXTRA DRY
Dellclotii-lnvlroratlnK harmless.
Absolutely pure.
AMt!SHMI-:.Vr.1,
BOYD'S I TONIGHT.
.MAT INK I' TODAY.
ANDREW R0BS0N
"RICHARD CARVEL."
Irjcos Mntlnoe, 20r, Wo, 75c, $1. Night,
25p, We, 75c, $1, fl.W.
Next Attraction.
Sundny Mtitlnea nnd Night nnd
Alonduy Night.
MASOX .t MASON
in f
itrnoi.rii & adoi.i'ii."
rrlcos-Mat., 2fic, Wc; Night. 23c, DOc. 70c.
..BOYD'S..
!t MKhtii Only, IIi-kIiiiiIiik Ilco. .'IO
HENRY IRVING
MISS ELLEN TERRY
And Tin l.iiinliin I.yVciun Cnnipniiy.
Monday nt 8:15,
"MRiiciiA.vr or vnxioii."
Tuesday at 8 Sharp,
"WATKHMIO" mill MM 12, SAXH-OKXi:.
Wednesday at 8:15,
"NA.N'f'll OLDI'IKM!" mill "Till! IH2M,S"
PItICK8-C0c, $1. K, 2W and .
Sale ot seats opens Thursday, Deo, 28,
SKATB NOW ON SAI.B.
Telephone .531
Mntlnem Wt-ilne.ilny, Niitnnlnj- nml
Slintlny. S',r,l 'r' I'VrnliiK, KtlH.
Ilir.ll CLASH VAIJIinVIM.I!.
Thn Plorenz Troupe, Gardner arid Mad
dtTn The I Ilrooklyns Pour Jufgllpg
iner" Corn Tracy, Morrlsey and Itlch and
Thu Klnodrome,
ITlcrs, 10c, 25o nnd fc
ialo'sTFocade'ror10
MATI.VKi: TOIIAY-JOo. SOo.
Last performance HNni.MUKKIPB MA.
JEHTIOB. Tonight. TouIkM. Tpnlght.
JIM JEFFRIES COMPANY
Good preliminaries, rour-round boxing
contest between Jim nnrt Jack Jeffries,
JAMES JEFFRIES,
riiHinpliin of lli Wnrlil.
JACK Jlll-'I'HIUH.
iiii.i.v nni.AXKY co..
At Trornilern,
Bnturdny. Kvenlmr, I)rc, 81, 1KH
nuctmn
i
f
f
V
r
X