- -V - -
SUPPORT GIVEN TO SPALDING
Hart, Retoh and Othsri Avprtri of Hit
Htcint Conrit.
URGE CHICAGOAN TO REMAIN AT HFAD
llrunrilliiK I'mlilency nnil Ilromanl
antlon of Nntlnnnl l.cntcue llraab
Ad via en Snnldlna" to Abandon
(lie l,rntlemiili Idea.
NEW YORK, Jan. 7. A. 0. Spatdlnir ad
flremicd a letter today to Messrs. Dreyfus
Boden, 'Hcach, Knowlex, Kbbetts, Parle
Hoblnnon, and which he gave to the press
The letter Includes copies of the replies
Mr. Spalding received In answer to hi
circular letter to the men mentioned, dated
January 2. In making these public h
aays:
All my base, ball correspondents muni
understand that I have publicly announced
inai secret mciuiRH tor wie purpose oi or
uanlzlnir combines mid shuoliitr such n one
aldo base ball legislation must cease, and
us I consider personal correspondence In
thin baso ball business ns the corner stone
of this,- past custom. 1 must reserve the
right to ignore? the request that any base
ball correspondence; with me be treated n
commentmi. A base ball revolution is in
progress and the tlinld ones who nre afraid
of shot nnd shell hnd better keep off the
iirinK line nnu net to tne rear.
Further along he writes:
Of course you Kentlemen nil know that
this (thn trust) Is tlio real Issue In this
controversy, four .clubs standing committed
io mis uusu nnu rour clubs unalterably
opposed to n. from me universal con
demnatlon of this trust scheme by tho
public press bnso ball olllclnls, players nnil
everybody connectcl with the game, I feel
warranted In assuring you that this trust
Hcncme is noifelessiy kl ed beyond any
Iiosslblo chance of n resurrection, thus
practically accomplishing one of the main
objects which cuused me to enter Into this
ii. in.
Iltlta St ii ml li X.ntililliiu.
Before Introducing tho replies to his cir
cular letter Mr. Spalding says that In ad
dltlon to these replies he"' has received a
letter from A. If. Soden, which ho will not
send out until ho has permission to do so.
Then como the replies. In brief, C. II.
Ultts of Brooklyn writes: v
I AID Confident thnt VOII hnvn Imntl Incr.lllv
fleeted to the presidency of the Nntionnl
league, and. moreover, think vim urn thn
only man on tho banc ball horizon to clear
ine atmosphere or the mnny dllllcultlts that
iihvo nurrounnen .us in years iwtsi. I am
wiin you to tne very end of this squabble.
The letter of Reach of Philadelphia reads:
YOUr lMfnr In renrl lultli Itilnrnat- nnr.
tlcularly that portion In which you speak
of Mr. Talcott nnd In getting him Inter
ested In the New York club. Will say tho
Philadelphia end of It feels perfectly satis
fied with tho situation and with what von
liave done to date. HopV", however, that
wu win do joie to uretiK tne deadlock with
our Boston friends nnd thus bring our
j.icBuiii uuuuirrf iu mi end.
Rarnoy Dreyfusa of Pittsburg writes In
part;
I beg to say thnt Indlvldunllv I have but
ono aim so far as the National league Is
concerned, that Is to have tho present statu
of affairs cleared up at an early date. In
my humblo opinion, the league will stand
much higher with both public nnd press If
wo can speedily find some way to end
present conditions one way or another.
Jarne A. Hart of Chicago, In his letter,
uaea these words:
Game In Crltlenl Condition. '
I believe that the game of base ball, as
played professionally, Is In a critical condi
tion and that to Improve the condlt.on,
changes must be made nnd reforms Inau
gurated. Tho National league. In order to command
tho rested of the public, must be able to
command tho respect of Its members and
must be guided by a firm hand, working
to use thu words employed In your letter
tor tho solu purpose of ridding base ball
of Its objectionable features. I am, per
fectly willing to commit myself personally,
or the club I represent, so 'far ns In my
powor, to assist In these reforms. I urn
more than willing to trust the- nffnlrs In
your hands ns nn Individual, nnd If you
desire It. will pledge my support to you In
this matter, I will not meet presidents of
other National league clubs either one at
n time or In parties unless I am privileged
to glvo out to tho pub'le or to anybody elso
that I sea fit Just what was discussed at
tho meeting. I do not boHevo that meetings
f that kind are necessary and I think thitt
under the circumstances you should be the
central point. Kven If your election ns
president of tho league should be declared
void by tho courts, I know of no reason
why you 'ennnot act ns nn Individual nnd
I hope thnt the clubs will unite In notifying
you to not In your Individual capacity, to
assist In benefiting the National league nnd
with It, professional baso' ball.
John T. Brush of Cincinnati wires as
follows from Indianapolis:
Ill-unit Hayn Step Doivii.
I boHevo had you met Hnhlson nnd my
pelf on tho evening of December 11 and
discussed our differences nil might huve
been adjusted nnd there might hnvo been
no necessity for asking tho league to get
together and adjust Its own affulrs, or. If
you wish to participate, then appear as n
dolcgato reptesentlng tho Chicago clJb.
Mr. Spalding then gives a copy of bis re
ply 'to tho abovo telegram: He says, In part:
I noto your suggestions, but In view of
my recent public declaration condemning
secret or so-called gumshon meetings to
discuss bnso ball affairs, I could not con
sistently accept your Invitation, which
cams through Mr. Hart, to meet you and
Mr. Itnblson on the evening of December
II at your New York hotel, nnd I assume
that Mr, Hart fully explained this to you.
Your telegram would Indicate that dif
ferences existed betweon us, I know of
no difference that exists except trio differ
ence, of opinion ns to tho advisability of
turning the Nntlonal Into a trust corpora
tion, all the constituent clubs of which
were to ho owned by one central stock
company und governed by a board of four
regents. No possible argument thnt you
could liavo advanced would have convinced
mo that such a scheme wns possible or ad
visable for tho national gume.
ttpnlilliiK Mnkcs Sharp Itetort.
I do not seo how I can act upon tho last
suggestion In above telegram. I cannot
believe that you nro sincere In making that
suggestion, for you seom to forget that
through your nets, nnd through those of
yojjr associates, I am temporarily enjoined
by tho supreme court of New York from
acting ns president. secretary-treasurer of
th National league, nnd I construe this
temporary Injunction of tho court to menn
thnt I cannot resign without being hold
possibly In contempt of court.
Mr. Spalding then asks Mr. nrush If 'It
would not ho well for him to sell his "at
leged" Interost In tho St. Iouls club nnd
hlo "supposed" controlling Interest In tho
Cincinnati club and retire from trus game
himself. Ho then makes a proposition that
If Messrs, RrUBh. Kreedmnn nnd Koblson
will permanently retlro from tho gnmo ho
(Spalding) will agree to do likewise, "Just
a soon as tho National league Is again re
Instated In public favor nnd nlli prdfes
slonal base ball Interests moulded Info a
proper form of government that bids fair
, to continue for a roasonablo length of
time."
JOSIE G IS THE FEATURE
t-onnlnr Filly F.nsllj llrnta Sister
Jennie and Toner ' of
Candles.
SAN RRANCISCO, Jan. 7.-tU feature
.of the racing nt Oakland toda; was the
1 brilliant performance of Jnsle G In tho
handicap. 3he took up 119 pounds nnd,'
giving away much weight to her Held, won
easily from Sister; Jeanto and Tower of
Candles, the favorite. Howiuon, who rode
the popular filly, received an ovation. Uing
prlced horses were In evidence, only two
favorites winning.
Kitty Kelley upset calculations bv taking
the last event at odds of 20 to 12. She beat
Horton a neck, who was the same distance
In front of Sweet Tooth. The latter was
much tht best, as Dunn gave her n very
hnrd ride. Alicia, favorite in the fifth race,
mads n very bad showing, finishing Inst,
Grand Sachem bmt Colonel Ballantlno a
nose and broke the California record for a
mllo and ICO yards, taking a quarter of a
second off tho previous mark of 1:4TU.
Huyrwut was bid up rom H.000 to 11.61 by
Curley Shields, noting for W. O. McDon
nough, hut Uurrows, his owner, retained
him. Results:
k I'lrst race, elevcnsixteeiiths of a mile,
"elllng: Hoya! Rogu'e won. King Hcrnld
o.-iniiu, nir i inus mini. Time: i:us.
Second race, seven-elghtlra of a mile, se'l
lug: M. Rothschild won, Hob Palmer sec
ond. Mnrlneuse third. Time; 1:2SV4.
Third race, threo-nuartors of n mile, sell
ing: Halnnult won, Juciiuemlnot second,
Commissioner Foster third. Time; 1:11,
fourth raco, seven-eighths of a mile:
jpsie a won, Sister Jennie second, Tower
of Candles third. Time: 1:Xh.
Mfth race, one mile nnd lw yards, sctl
lng: arnnd Sachem won, Colonel Italian
tine second, Invlctus thlro. Time: 1:47.
Sixth rnce, one mile, selling: Kitty Kelley
won, Horton second, Sweet Tootli third.
Time: i:i5i.
DEATH VICTOR BY A HEAD
He la the Only Wlnnlngr Favorite on
Ihc. Crescent City
Trnck.
NEW ORLEANS, Jan. 7.-Death, who
landed the race by the narrow margin of
n head, was the only winning favorite fo
oay. Choice and John Orlcsbv were sold
today at private sale to K. J. Arnold &
Co. An attempt to pull off a coup with
Gala Day In the handicap was spoiled
by the start. Tho horse was backed from
W to 1 to 8 to 1. but finished outside of
inc money, ucsuits:
First race, one mile: Little Tim won,
jjuiue nun second, inline iienry tniru
Time: 1:I2V.
Second rnce, six furlongs: Ernest Par
1mm won, Monte lllmynr second, I'yrrho
third. Time: 1:15.
Third race, Selling, ono mile nnd seventy
yards: Lcomc won, Mr. Phlnlssey second,
Myth third, time: 1:16.
rourtn race, handicap, seven furlongs
Orantor won. Klpfirnn neennri Hnviitr tlilnl
Time: 1:27.
ruin race, selling, one mile nnd nn
eighth: Mmnce won. Annie Thiimnnn
second, Monos third. Time:
Hixin race, one mile: Death won. Sir
riorum accond. livn mm tnini. Time
1:394.
WHEELMEN ARE PUNISHED
McFnrlntiit .Suspended nnd
Fined for Conduct In
Siiunre Ilnce.
FreVninn
I'urk
lng of the Nntlonal Cycling nstoclatlon
board of control, held here today, the pro
tests relllt'Ve to thn MlT.ilnv rnrn wlilph
"iih completed nt uoston last Saturday
evenlnc were deeldeil mm fnllnwu.
For conduct ilntrlmpnt nl l.i Mm utinrl In
Boston, January I, Floyd A. .Mrl'arland
of nan Jose. Cfil.. In hnrnhv uiiunnn,i.t rrnh.
iliuillllft: IL rim n I'.arif Nilllrirn Lrnri nn.
'.'r11 .?rncc,!on .wUn ,:'cl0 racing until Juno
IB, I'M. Said McFarland Is given the iirlvll-
:r V! "I'I'ijuik i ine annuni meeting oi
tho Nntlonal Cyclln;; association to have
inn nuspciisiun cuaugCd to II line.
For n. llkp nrfensn nf ihn
date, Howard II. Freeman of Portland,
i rin!)2 1 or ft H,,t,1)e"B'"n Ju,1
It 'liavlnir been rullllillglmrl Mini ln..n
Oeogonltz fouled McLean In tho finishing
'..". ul wle nquarc garden race, tno
Mclean-Butler team Is placed Mfth nnd
the flcogoultz-Slmar team sixth.
TOMMY RYAN READY TO FIGHT
Missouri MlddlenrlKlit Denlrn
Hint
He Is a Drinker or llns
lieen, '
KANSAS CITY. .Inil 7 Tnmmi. n.-nn
who claims the middleweight championship
of the world, snld tonight concerning the
challenge to him Issued by Jack Hanlcy,
manager for Rube Ferns, nt New York
today:
i win miiKe n mntch with Ferns within
WelltV-foiir honm If hn tvlll not nn lila
forfeit With Georire Slier. T,. M. riniiunrntin
or nny reliable newspaper man. I belle vo
that Ferns Is talking for notoriety. Ho Is
not anxious to meet me. I nm ready to
meet Ferns or nny other white middle-
wvignt in wie worm who will weigh In nt
the middleweight limit. I hn,l ,luM.in.i m
retire, but all of this talk about my being
a heavy drinker nnd a 'has been' hn
chanced mi" nlnns. I tnkn thn Imai nt enm
of myself, exercise dally, nnd never dlssl-
uynn nns .a Healthful look and nppenrs
to ho In good condition.
Favorites Win nt Charleston.
CHARLESTON.' S. f!.. .Inn ? ' Tiv a in 1
ond two 6 to 1 shots won this afternoon.
iicjuus:
I'lrst race, selllnir. noven furlnnau. t IttI
V33i rlU8 sccon1, Torlu8n third. Time:
Second rnce. selllnc. ilvn nn.i n ,nif fur.
longs: Tristram w;on, Ijitchstrlng second,
Deadly Night Shade third. Tlmo: 1:13W.
Third re.ee. selllnir. one mile ami .. 1v.
tcenth: I'rlnce Escher won. Knonn
ond, Pun Chnrm tilled. Time: 1:5IV1.
Fourth race, selling, for 3-yenr-olds nnd
upwuni, ijvo inriongs: fotasl won, Mettle
I second. Ilv Oeorcn third. Tlino. i.asi!
Fifth race, selling, six furlongs: Intent
won, Uike Fonzo second, Queen L third.
Time: 1;1SU.
Wmlprns Di-fent .ut Innnls. '
The Westerns took two nut nt ihrnn
games from tho Nationals last night on
Clark s bowling nlleys. Scoro:
WESTERNS
1st. 2d
3d. Total.
nwenson n.i
Ayer 161
Lawler 151
ira
173
173
133
17
ISO
131
va
171
161
Reed 162
Reynolds 1(0
Total..
7M
S17
810 2,07
NATIONALS
1st. 2il.
3d. Totnl.
Miller 177 1H
143
m
477
Alex Reed ir9 177
141
183
10i
135
Bavev 15(1 19(1
5 9
4W
iai
Tracy '121 171
Anmanson ivj 117
I Total.
703 810 71S 2,333
SOLDIER TRAIN IS WRECKED
Three of the Men Injured nnd
He-
innlnder A,re Severely
Shnken Up.
CHICAGO, Jan. 7. A Rock Island special
bearing 300 recruits bound'for the Philip-
plnce, from Columbus barracks, Ohio, was
partially wrecked In' the Twenty-second
strett yards ea."'y today. Three men were
Injured, ns follows:
Henry Lewis, crushed between cars and
Internally Injured: taken to hospital,' con-
dltlon serious,
Con C. Murphy, thrown from train nnd
foot crushed; continued Journey.
Lnwrenco Schrefer, thrown out of window
and clothing torn from body) etcaped with
Blight 'bruises.
Tho other passengers we're merely Jolted.
although a tourist car containing fifty sol
diers lost Its rear truck and tns dragged
halt a black beforo the engine stopped nnd
the car wns badly damaged. A sleeper oc
cupied by eight offlccrB nnd the wlfo of ono
of them wns thrown to an adjacent track,
but 'maintained Its upright position. After
several hours' delay the frnln was remade
and tho Journey continued. Tho accident Is.
fcald to have been duo to the failure of n
witch tower to work properly.
LARGE SALE0F OIL WELLS
All the Indian Territory Spouter Are
lloimht ly .rvr Jersey
Capitalists.
OUTHRIE, Okl., Jan. ".A deal has been
consummated between tho Indian Territory
Illumination company, composed of Jer
sey City capitalists, and n party pf Rhode
Island bankers by which tho latter turn
over all their oil wells In tho lndlnn Ter
ritory and other properties, Including the
oil rights of the entire Osago nation, to
the Now Jersey company. Tho wells now
In operation produced 20,000 barrels of oil
during 1901. -
THEY WANT COJrtPLETE LIBERTY
CU und Jim You n nor Apply for t'oui
1 'mutation of Their I.lfe
Sentence, '
ST, PAUL, Jan, 7.-Colo and Jim Younger
have npplled to the. Stnto Hoard of Pardons
for commutation of their llfo sentences for
murder to thirty-five years. Allowing "good
4Imo" they have already served thirty-six
years for their share In the Northftcld, raid.
They .represent that friends are ready to
sot them up In business In Missouri, their
old home. They are now out on parolo and
caunot leave Minnesota.
i i ' '
FIGHT ON AGAINST MERGER
Attirnoj Qeier&l if liinitsiU Filti Petllln
in Iiprimt Cirt.
ASKS. THAT INJUNCTION BZ GRANTED
flnya ftrcnrltle Cunipnnr Seeks to Ac
coniplUh by Indirection H'hnt
Could .ot He Done
Directly.
WASHINGTON, Jan. 7. Attorney General
Wallace B. Douglas, of Minnesota filed today
In tho United States supremo court tho bill
of complaint in tho case of the stato o
Minnesota, complainant, against tho North
orn Securities company, defendant.
It Is a long document, about 10,000 words
covering thirty-two pages of printed mat
tcr. Tho bill first points out tho direct In
ttrt-st tho- state has In the proposed con
solldatlon. It still owns moro'than 3,000
000 acres of public land, valued at more
than $15,000,000 and traversed In part by
tho lines of tho Great Northern and North
em Pacific railroads, If the merger Is cf
fected these roads will ccaso to build
spurs Into these lands dY compete for their
business. The value of tho lands will not
Incrcasevas It has under the spur of com
petition and the state will lose the taxable
value of Its property. Tho lands will not
be opened for years and development will
bo arrentcd.
It Is next set up that the state expends
more than $700,000 annually In tho operation
and maintenance of Its educational
charitable nnd other public Institutions;
that this is mostly raised by direct tnxa
Hon; that tho nmount which can bo raised
nnd tho successful mnlntcnanco of these in
stttutlons for tho benefit of Its citizens de
pond largely upon tho value of the rcnl
and personal property' within tho state
which, In turn, depends largely upou free
railroad competition. It has been tho set
tied policy of tho stato to encourage rail
road building by grant of lands nnd In this
way over 10,500,000 acres have been granted,
nearly nil of which has been granted to the
Great Northern and Northern Pacific nnd
their subsidiaries.
ArTreln TrniiNiiorlntlnn Itutes.
The complainant alleges that tho rates on
tho Immense shipments of wheat and other
merchandise over tho lines of tho two com
panics havo been lower than they will bo
under any arrangement which contemplates
unity of cqntrol. Tho bill then recites the
charters and Incorporations under which
tho Great Northern operates over 600 miles
of road and cites the clauso In Its charter
providing that Its affairs are to bo con
ducted by a board of directors which Is to
do nit things necessary "and not Incon
slstcnt with the constitution nnd laws of
tho United States or tho laws of this ter
ritory or this net."
It Is nllcged that James J. Hill holds a
controlling Interest In tho $125,000,000 of
capital stock. ,
Tho history and charters of tho Northern
Pacific aro similarly cited, special attention
bolng paid to tho roads acquired and built
within the state. By fl'fng Its a'rtlcles of
Incorporation In Wisconsin with the Minne
sota nuthorltles tho Northern Pacific bo
enmo subject to all the laws, regulations
nnd provisions of tho laws of Minnesota.
Tho factB as to the present personnel of
tho directory, the Insolvency of tho old
compnny and its reorganization In 1893, the
purchase of the St. Paul & Duluth road In
1809, aro recited at length.
It Is set up that the lines of theso two
systems nro not only .competitive 1 otwecn
points within Minnesota, but that they fur
nish tho .only competitive lines between'
Mlnncsotn and Pugct Sound nnd hnvo bo
furnished for eleven years. They nro' also,
with ono exception, tho only lines travers
ing northern Minnesota.
A paragraph Is devoted to tho Burlington
nnd tho facts, of the terms on which It la
controlled by the two uystems Jointly.
Charles E. Perkins, its former president
end present director, bolng a dlroctor In tho
Northern Securities company. The' cor
tlflcatc of Incorporation of tho latter, filed
n New Jersey November 13, 1901, Is quoted
n full.
Purpose of Securities Company.
Taking up tho Northern Securities com
pany, It Is not forth that It wns organized
by James J. Hill, W. P. Clough, J. Plcrpont
Morgan nnd "other nBsoclatcs to tho oratrlx
unknown," who, at the time, wore con
tinually in conference over means by which
tho laws of Minnesota might bo successfully
evaded or avoided, and that It was so or
ganized, solely for tho purpose of' effecting,
a consolidation of, tho Great Northern and
Northern Pacific. Tho owners of a Inrge
majority of the stock of tho two systems
had agrcod beforo hand to transfer to the
new company 75 per cent of the stock of
tho two system? on terms which are set
forth In full, and to retlro he preferred
stock of tho Northern Pacific. In further
ance of tho plan to evade tho laws of
Mlnncsotn, it wasagreed that pending the
delivery of tho stock to tho Northern Se
curities compnny ,lt should all bo turned
over to James J. Hill or be under his con
trol. Tho Northern Securities company, It
Is, charged, does not Intend to purchase
this stock, but simply to Isnuo Its own
stock In exchange therefor. For these un
lawful purposes the company Is about to
receive, unless enjoined therefrom, all the
capital stock of the Orcat Northern and
Northern Pacific. This, It Is claimed, Is a
part of a plan of Hill, Morgan and their
associates, whereby the two systems nre
to be consolidated and placed under tho
direction of ono man, or board of directors,
through the defendant company, and thus
bring about and pcrpetuato' a monopoly In
railway traffic In Minnesota, and a complete
consolidation of the two systems, One
man, or board, will thus, it is alleged,
bo cnabledto fix rates on all lines of the
stato and thus determine what trains shall
bo run, remove all competition and prevent
the building of lines Into new country or
Intq cnrapetltlvo territory. This agree
ment and the consummation thereof Is
claimed to bo "In restraint of trado, against
public policy and void."
1'olley to Pro III hit Consolidation,
Under Its terms the directory of the
Northern Securities company may change
Its own rules or may dolegato all Its au
thority to an executive commlttoe, It Is
pointed out that Hill, tho president; W. i.
Clough, the vice president, and E. T.
Nichols, tho treasurer and aecrotary of tho
company, were all at the dato of Its or
ganization officers of tho Great North
ern, nnd that a majority of Its directors
wore also directors of the Northern Pa
cific, i
It has been the settled policy of tho
state to prohibit consolidation of parallel
or competing lines and tho law of 1S71, In
which such prohibition Is made, Is quoted
In full, as well as the amplifying act of
1881 and the anti-trust law of 1899, pro
hibiting any combination In restraint -of
trade. It Is set up that the Northern Se
curities company Is a railroad corporation,
within the meaning of Minnesota laws, and
that Its design Is' to evade, escape and
violate these Inws in such way as to cause
the state "Irreparable Injury." It Is not
the owner of any other property or stock
or securities, ajtd Is engaged In no other
business save the management and con
trol of tho Great Northern nnd Northern
Pacific. Already, so It Is alleged, J, J.
dilll, as presldont of the Northern Securi
ties company, has dictated, changed and
controlled the policy of the two con
stituent rodjg Bmi during. December, 1901
It Is ullegt the general managing officers
of the Grut Northern, acting under nis
direction, to, k charge of ana are now en
gaged in tumaglng a largo portion of th
business of the Northern Pacific. It
nllcged thnt it Is the settled policy of New
Joney to allow tho consolidation of only
sucn ranroatis ns nro or can be connected
to form continuous lines and to not permit
me consolidation of competing lines. Tho
oratrix, claiming to have no other nde
quate remedy or relief except ns prayed for
in equity, asks that the defendant be. re
quired to show cause why it should not be
perpetually enjoined nnd restrained.
I'rnjer of Petitioner.
Jf""" voting at nny meeting of tho
uiiMimiraj ui tne urent .Northern and
Northern Pnellln llm ent,llnl nr ll, nr...
nunles and from nttmilllllrr In ll M IS rnnnnnH
J.. from aiuinir. ndvlslnc. Interfering with
Vi J . . 1 Participating in tho merger
,1 ojieniH.
3. r roni ncrmittimr nm it it- ..ninnn
ikcmi.- ui rvrvanui rrotn noting ns rcpre
riu;tiiyt.-, uirector. o cer or enm ov oi
exerclslnir imv nnmmi ..,.n, ,
u.i uiti me same.
' '"""lug any nrrniigeinents or
Joint control.
luiiiuiiiuuuiis nnv nc rnr (haic ,,i,innt ani.
o. l-rpm noiding, owning or controlling
nny of tho stock of either compnny, tho
defendant compnny being required to re
assign Or rctrnnsfnf nil nel at.ir.lr I.. 11...
person from whom it wns received, 'taking
In return Its own stock Issued In exchnngo
nierriur, ni meanwiille to be enjoined in
till resects In rclntlon to such stock, as
hereinbefore prayed for.
6. From receiving any more stock of tho
two companies in case it shall nnpear that
quired a cnntrnltlni? lnt..n.t In .,iil,..r
wiu iiL'ii'iiuni i rnmninv mis nm I'm nf
i. ine orainx prays permission to nmend
tno COinOlalnt If MAi.ruu'lri' nn.l l.rtnw I..
other parties for the purpose of giving
luitu u on uiteci 10 nny decree or tne court
mid nsks the rnnrt tn lunn n diifuir..,!-n
ngnlnst tho defendant company Und set a
uuy mr 1110 Hearing:
Besides Attorney General Douclas. M
Dunn of St. Paul nnd George P. Wilson o
Minneapolis aro named df counsel.
Tho proceeding In tho court wns very
oner. Attorney General Douglas was rec
ognized as Hoon ns tho court was convened
nnd ho then moved "for leuvo to file and
present a bill of complaint on tho part of
tno stnte of Minnesota against tho Northern
Securities company."
Chief Justice Fuller nsked If notice had
been given to the securities company and
bolng Informed In tho negative, said there
was no rule icqulring such notice. Ho
ndded: "Wo will take tho papers."
Mr. Douglas handed In his bill of com
plnlnt and a brief citing of nuthorltles.
Tho attorney general ond his nsslstnnt
counsel, Messrs. M. D. Munn nnd George
i'. wuson, then rotlred. The court took
the motion under advisement, ns usual In
such cases, and will give its decision In due
courso of time.
File .Heeond Dooiiinen t.
Tho second document filed In tho United
States supreme court today by Attorney Gen-
eral Douglass of Minnesota. In addition to
citing many authorities bearing on tho right
to 4nstltute tho suit In this court, briefly
relates tho state's contention ns to tho legal
nttltudo of tho railroad consolidation ns
follows:
Briefly Stilled, the nftnmntnil rntiur.ll. In l Inn
f railway HneM nnd tirnnortlu ..r th.. n .
Northern nnd Northern Pacific railways.
Which WOB defeated In tlm nil ua nf l..nfu.tlt
uKiiinni mi- ureai .-sorinern iianwny com
pany, Is now renewed by tho united notion
of the. holders of a majority of the stock
i encn or tho said companies by placing
majority of the ennlml utnMr nr n.mi,
said railway companies In the Northern
pi'umiui'n uuinimny m expectation tliat the
last named company may munnge or con
trol, tlirouith Its nresldent or iY.vili.n
committee, all the railway lines and prop-
u, ftiu- luuwuy tunipumes.
To Iteueli tho .Menu.
This nctlon ncnlnst thn Vnrihnm r.nnnri.
ties company. Is brought to reach tho In-
liniment, ,0 , means mrougli and by which
hose two tallwuv tnmtmnleK nr,. in l.n
dolisolldnt'ed, and Involves nn Inquiry Intd
the extcnL of tlio nmverM of the Ts!n rt linrti
Securities company nnd tho lawfulness of
Its nets. Or, stilted In n more direct form,
Ion Is: Can a cornornt Inn. .ri;finl;nil iin,ii.
1KT IMIIILIUIII MUl-llUll iiUSl'll ill II11H lie-
tho laws of New Jersey, use Its corporate
powers so ms" to vlolnto or overthrow tho
constitutional enactment of 11 sister stato
nnd thus uccompllsh indirectly thnt which
tho court has held cannot lm .limn ,11.
rectly. especially In view of the fact thnt
tliu Mew Jersey corporation was organized
for 4ho oxliresH purpuso of accomplishing
this result? ,
Tho furthor question Is presented, viz.:
Docs tho consolidation of tlusn -IlllU'll V
compnnleH, rhlcli own nnd operate all the
railway ilncs hltuated In tho northern half
of Minnesota (except two short Iron oro
carriers), amount to a monopoly In rail
read" tr utile, and Ih not such a monopoly
tho subject of challcngo 'regardless of Btut
utory prohibition?
W0 STORIES DO NOT AGREE
nokoiit Siiyn lie "Warned Ollleer of
YVnlln Wnlln,' AVIileh the
I. utter Denies.
SAN FRANCISCO, Jon. 7. Tho Examiner
says on tho authority of Deputy Coroner
Skinner of Humboldt county thnt E. John
son, ono of tho lookouts on tho wrecked
tcamcr Walla Walla, told a strango story
under oath at Eureka regarding the cause
f ths collision with the French bark Max.
According to the coroner, who took the
depositions of Captain Hall and othors of
tho ofllcera and crew of Wnllu Walla
attor tho accident, Johnson testified that he
saw tho lights of tho French bark many
minutes before Its prow sank Into Wnlla
Walla's hull; that twice ho warned tho
officer on tho brldgo of tho npproachlng
danger, but that hlo warning wore
not Heeded, As tho vessels nenre each
thor the rca nnd green lights of tho bark
became moro nnd mors distinct, according
0 JolinBon's "testimony qb reported by the
coroner's deputy. At lflBt the lookout.
larmed at the failure of tho officer of the
bridge to cbango his course, started for the
cabin of tho first oincor, Tetcr Nilscn, but
beforo ho reached tho cabin tho vessels
truck nnd'Mnx drifted away with' Its lights
plainly visible. Thrso assertions nro con
tradlctod by thn positive, statements of Iho
enmor s officers, who dcclaro that a sharo
lookout was kept and that no warning was
ven of the danger. Tho reports of Cap
tain Hall of Walla Walla nnd Captain
Benolst of Mns will be filed today with tho
nspoctor of hulls nnd bollors. A day will
then be set for the Investigation into the
cause of tho disaster.
HEY REFUSE TO ANSWER
O lllcer of, Aiurrlenn UIhIIIIIiik Com
pany Decline lo Give le
'Nlred Information.
TRENTON, N. J. Jan. 7. John H. Pitney
and Senator Ltndslcy of Kentucky today po-
tltioncdf Vice Chancellor Emery for nn
order to compel, tho officers of tho Distilling
Company of Amerlcn to answer tho ques
tions pertaining to that organization which
they declined to answer In New York In
September last. Tho petitioners alao ask
that tho company bo compelled to dcclaro u
dividend. Tho hearing on the application
as sot for February 8.
CLEVELAND'S HEALTH BETTER
lleemers from IIIim'"", but Is
o I
NlronK I'.noiiuli lo Go Out
of , Doors. .
PltlNCKTON, N. J., Jan, 7. Former
resident Clevelnml thnueh not fully re
covered from his illness, Is much Improved
health, Mrs. Cleveland snld today;
Mr. Cleveland la still weak from his Ill
ess, but he has Income strong enough this
eek to leavo hll room nnd come down
stairs. He will not bo ablo to go out of
oors until tho w'nther beooines consider
bly rillder."
GRANTS APPEAL OF SCHLEY
Pmitltnl EomstiH Consents to RYut
Findiigi f Court.
COUNSEL BUSY PREPARING THE PAPERS
Admiral Hopeful nnd- While He I)c
ellnes to Talk linden t Inns Arc
Interview with President
W'ixh .HiitlN'uctory.
WASHINGTON, Jan. 7. The object of
Admiral Schley's visit to thp White House
yesterday wns to request the president to
entertain and consider nn appeal for the
reversal of tho nctlon of Secretary Long
nnd the disapproval of tho majority Judg
ment of the court of Inquiry. The Inter
view was satisfactory, tho president grant
ing tho admiral's request. Messrs. Ilaynor
ond Tcnguo today will nsslst Admiral
Schley In tho preparation of jlhe appeal.
Tho Interview with the president wns ar
ranged In advance, nnd at Its conclusion
Admiral Schley left tho White House In n
satisfied stato of mind. Ho had been glon
a full oporttinlty to present tho enso from
his standpoint nrld to acquaint the presi
dent with mnny details with which tho
president could not othewlss have had anv
knowledge. While Admlrnl Schley would
not make nny statement regarding tho mat
ter discussed, holding that nny Interview
between n nnval oQlccr nnd his commnnder-
In-chief should bo regarded as confiden
tial, It Is understood that ha brought to
tho president's nttentlon many of tho al
leged Injustices ond discrepancies of the
mnjorlty report of tho court of Inquiry.
Aiimitni Schley's Interview with the
president wan the nsiilt of his dotermlnn
tlon lo exhaust every menns In his powor
to overturn the Judgment which has been
renderod against hlni. His now nppent will
be different from that submitted to the
Navy department, bringing out tome now
facts which havo an Important bearing
upon the controversy.
Messrs, Haynor and Tcnguo, counsel for
Hear Admiral Schley, come over from Bal
tlmoro today nnd were closeted for several
hours with tho client. 'Admiral Schley
would not discuss the matter tiovnnd nlnt.
lng that that he had nsked his counsel to !
como hero Hint he might acquaint them
with tho result of his talk with Prcsldens
Itoosevelt nnd ngreo upon tho best nfcthod
of bringing, the facts beforo tho president.
While It Is not definitely known how
much tlino was nfforded In which to pre
pare tho nppcal, It Is understood to bo the
wish of President Hoosevolt thnt the mat.
tcr be presented as early as possible.
ino following stntcment wns elvon out
by Admiral Schley's counsel nt tho con
clusion of yie conference:
Admiral Schley has concluded, after
mature consideration, to nfpenl from Iho
mnjorlty decision of tho court cf Inquiry
o tno president of the United States as
commnnder-ln-chlcf of tho army nnd navy
The action having been determined tm:n
...I.,.., muir Liui ue uiruigeo nt tnis time,
tho regulations of the nnvy being such thnt
the nature of tho proposed nppenl ennnot
bo revealed except by. tho president after
the formal documents have been filed with
him."
Mr. Haynor stnted that It will take some
Ime lo prepare tho appeal and that It will
not be filed with the presldont until after
ne return of Admiral Schley from his visit
to Savannah about tho 20th Inst.
ROBBERS, TURN BOLD TRICK
llluil nnd Giik AViiteliinen nnd Take
Tllrlr Time lo IIIimv
Hit nk Stiff, f
ST. LOUIS, Jan. 7. Six masked men en
tered tho Notional Stock Yards bank, north
of East St. Louis, 111., Inst night and after
cnpturlng and gagging tho two night
wotchmen nnd fireman at tho steam plunts
nu mowing open tho vaults with dyna
mite, aectircd $5,000 In coin and currency.
with which the tfecamped early today.
or nine hours, from 7 o'clock Inst night
ntli 1 n. m., they were nt work on the
nults without being Interfered with. Thu
entire East St. Louis police force, aided by
no at. uouis police, nro guarding nil the
n venues of escape, but os yet have obtained
no clue of the wherenbouts of the robbers,
who, It Is bellove'd, escaped on horseback.
Leo Phllpot, ono of the watchmen, n
rough rider friend of Presldont Roosovelt
and a member of tho well known Kentucky
rnmlly of thnt name, wns tho first to meet
with tho'robbers. Ho was standing In the1
tock yards, near tho Exchange building.
In which tho bank Is located, when he wns
addressed by three men who sprang out of
fence corner with rovolvers In their
hands. They said: "Wo want you, Phll
pot," nndwitb that overpowered him be
fore ho could reach his revolver. Tho
three robbers took Phllpot to tho compos
lug room of tho Dally National Stock Yards
Iteporter, near by, and laid him on the
floor. Ho was bound hand nnd foot nnd
gagged with towels, 'hlle lying thoro
throe other men camo In.
Proposed lo Kill Wilt chimin.
While he was lying on tho floor Phllpot
heard thu leader of tlio robber gong soy,
"Let's kill him." Ho was deterred from
doing this, Phllpot says, by tho other rob
bers. Ono of the six men wns sent out
with Injunctions to secure tho others. Al
bert Estcp, tho other bank watchman, was
caught on tho stops' of tho Kxchango build
ing. Tho robber went up to Estop and ad
dressed him by nnmo. Thinking It wns a
friend", Kstep was taken unawares, nnd
Makes the Hair Grow
" About a year ago my hair was
coming out very fast. I bought a
bottle of Ayer's Hair Vigor to stop
this, It not only stopped tho
falling, but made tho hair grow
very rapidly, until now my hair is
.JS inches in length and very
thick." Mrs. A. Boydsto.n, At
chison, Kans,
Always Restores Color to Gray Hair
Claremont, III.
ll.M. All druidiii.
when n revolver was thrust Into his face
as not In shape for defense. Under
threats of death ho was forced to go to the
composing room, where he was qtso bound
nnd gaggml. t
Night Fireman L. W. Clark was taken
unawares In the steam p'ant of the Kxchongo
building. Ho resisted and was badly beaten
.with a sandbag before subdued. He was
also taken to the composing room nnd left
bound and gagged with his two companions.
About midnight one of tho robbers was
left to fiuard the three captives while tho
other five went to tho bank, which Is located
on the first floor of the exchnngo building
near the center. With nltro-glyccrlne tho
robbers blow open tho steel doors of tho
vuult. Theso doors, of a double thickness
of steely wero shattered nnd the bank's
books and papers blown Into shreds.
Neenrp Five TIiiiiimi nil Dollars,
Entering tho vault tho big steel safe with
quadruple plate doors was next encoun
tered. These doors wero drilled and a
charge of tho explosive lnscrtcdwhlch blew
them off. The explosion destroyed more
books nnd papers nnd scattered nbout f00
In gold nnd silver upon the floor. This
monoy was not taken by tho robbers. They
took nil tho currency nnd tho other coin,
amounting to about $5,000, as nearly as tho
bank, s ofUcers can estlnintc. Tho five men 1
left thu bftnk and signalled to the ono who
wns guarding the captlvo wutchman nnd
fireman. This man Joined his companions.
Five minutes after the robber guard left
the composing room Kstep, who had not
been bound securely, worked loose nnd re
leased Clark and Phllpot.
Slock Ynrdn Oltli'lnln .otllled.
This was about 4 o'clock. Kstep then ran
to (lie telephone, and called up Charles T.
Jones, general manager of tho stock yards,
nnd Informed him of tho robbery. President
C. Gordpn Knox of tho stock yards bank
was also called and ho soon made his np-
peoranco nt the stock 'yards. Knox said
that if tho robbers had miufo their haul tho
night beforo they would havo secured nbout
ilO.000 more thnn they got. Thoy did not
tnko nny of the bank's pnpers, most of
which were damaged by the two explosions.
The vpult nnd pafe present n scone of wreck
and ruin. Tho robbers were all masked
K01110 worn red bandannas over their faces
tnd tlio others had 011 black handkerchiefs.
Tho watchmen say that nil tho bandits np
penrcd to bo n)lddle-agcd men, none of
thorn under 3j years of age. Tho leader, u
man of nbout to, or 45, was tall nnd slender,
probably six feot two Inches, with n sallow
complexion, short brown moustache nnd
Jilnck eyes. Llkp all the othors, tho leader
worn n dark suit nnd n dark overcoat, with
a soft, black hat.
Ileiinl Men Vn rill nir I'nKle.
.... ... , v.
I'niipoi hiijb iimi wniiu lie iuv in mo
printing omco ne couiu plainly near the
two men outside, whoso voices ho recog
nized, yarding cattle. They were within
twenty feet of him ond the five robbers.
who appeared quite uneasy and kfpt very
quiet.
In addition to the $5,000 tho robbers se
cured $."50 left with the bank by Assistant
Postmaster Tlushncll, of tho stock yards.
This 1b tho hnnk whose oMccrs recently
swore out u warrant charging Theodoro
I Duddlcston, tho nsslstnnt cashier, with em
bezzllns $12,000.
The foregoing recital of' the robbery was
secured In talks with tho watchmen and
fireman. H. E. F. Ilolllstcr was at work In
one of the offices on tho floor whero tho
bank 1b located when tho robbers first
mado their nppenrance nt 7 o'clock. He
worked thero until 8:30 o'clock. He
noticed sovernl men nt different times en
tering nnd emerging from the corridor.
Soma of thorn ho recognized ns employes,
while others were strangers to him. The
police nro Investigating the robbery and
it, is said somo ccnsatlona nrrcsts may
uej inane ocroro nignt.
N. Jackson, Danville, HI., writes: "My
daughter had a severe attack of la grippe
and a terrlblo cough settled on hor lungs.
Wo tried a treat many remedies without
giving relief. Fho tried Foley's Honey Vnd
Tar, which cured her. Rho has never boon
troubled with a cough since."
STEEL COMPANIES' EARNINGS
t'nlteil .Slutes Corporation Heaps .Net
lOlnhtj-l'our Million In
' lne Months.
NEW YORK, Jon. 7, In the nine month
ending December 21 tho net earnings of tho
United States Steel corporation wore $SI,
779,2'JS.
Tho, quarterly meeting of the dlrcctorato
was hold h'era today, and besides voting tho
usual dividend of 1 per cent on preferred
und 1 per cent on common stock, a general
statement of tho finances of tho corporn'
tlon was made public.
' Tho earnings by months were as follows
April $ 7..1'
May 9 01
Juno 9.3t.747
July ii.r.so.151
August S.MO.n
rieptcmuer ...r v.in.nvi
UCtODcr IZ,ZOn,774
November fi.7!5.8ll
December (estimated) , 7,750,000
Totul JS4,779,2M
As to December earnings tho statement
made this explanation: "During ths closo
cf lako navigation from-Deccmbor to April
Inclusive, tho earnings of mining and trans
portation companies nre, of course, dimin
ished."
Tho sinking fund on United States Steel
corporation bonds and tho bonds of sub-
sldlnry companies consumed 2,2S3,2!)2 nnd
$S,G95,702.
Tho sum of "111,400,000 was paid In Inter
est on bonds for nine months, and $12,005,
SOT was paid out In dividends. Tho balance
nvatlablo for surplus of new construction
amounted to $19,414, 497i
Stops Falling of the Hair
" My hair' was falling out very fast, was
rapidly turning gray, and was very harsh and
dry. I tried several lialr preparations, but
they did me moro harm than good. I then
tiled Ayer's Hair Vigor. Soon my hair
began to ba soft and glossy; in a thort time
It stopped falling out, and all the old color
was restored. Then it commenced to grow
very rapidly, and it Is now -five feet five
Inches long." Mrs. LYDIA Kuyke.nimm.,
J. CAVER CO., Loirtll, Mm.
No Time Like The
Present t
ly? TO ORDER
After tho bridal tour come those hap
py days of "receiving'' nt the little
home. 'TIs then thnt HLAT, HKKH
"nnd greni welcome makes a merry
fenst." It In a most pleasing bevcrngo
for nil occasions.
BLATZ MALT-VIVINE
Non-lntox tonic. All druggists or direct
VAN BLATZ BREWING CO,, .MILWAUKEE-.
OMAHA IIIIANCII,
111.". Doimlnx SI, Tel. IOSI.
Ofllce Hours, H n. tu to fl
SundnM, from S n. ni. In ft p. m.
DR. McGREW(A23 53)'
SPECIALIST-
niseufceM .mil DUorilt rn of .lien Only.
' Tlenrn' Kierle,nee. J 5 Yenrn In
Oninlin.
VARICOCELE lffl!sa,ineM'n 10 ,,ny9
I VVDUII Iv 11 11(1 It 1 1 llldod Diseases r-jreil
SYPHILIS
tt I Lf tn it tltM
. '"r life. All hroakltig out nnd
i kiis i me e.iseasa disappear ni once.
OVER 9fl nfld -:a ?:.''. ul,,,, ' nervous
b u,t'' jtUjUUU debility, loss of vitality
" and nil tititiiitiir.nl weaknesses of inon.
In Structure, Gleet, Kidney und Bladder Dis-
ates, Hydrocele, cured permanently.
(Jure Ciiiirnnteeil, CiiiihiiI tut Ion l'ree.
CHARGES LOW.
Treatment bv mill. P. O. llnr Tfctt
Office over 215 H. llth street, between Fnr
t.nm und Dquglu-. His., OMAHA. NKIJ,
I
A Model
Doctor's Office -
Most doctors And It convenient
to have evening or Sunday ofllca
hours. (Patlent can hardly walk
up stairs at such times.
4
The Bee Building
bni all night nnd Sunday elevator
service. Water nnd gas. as well
as electric light aro in each room.
Tho f rooms are nil light and our
offices aro most attractive. Rents
are no higher than in Inferior
buildings.
R. C. Peters & Co.,
Rental Agency,
Ground Floor, Bee Building.
JOBBERS & MANUFACTURERS
OF OMAHA
DRY GOODS AND NOTIONS.
CARSON PIRIE SCOTT & GO
WHOLESALK DRY GOODS,
CHICAGO.
E. L. HICKS,
Goncrnl SnloBmnii.
OMAHA SALESROOM,
I .(." 1'nriiiuu .Street
J. EHOWE,
Resident Halesmnn.
MACHINERY AND FOUNDRY,
Davis & Gowgili Iron Works,
UANUrACTimERfl AND OBBIIUI '
OF MACHINERY.
OBNBIiAXi REPAIMINO A IFacXAIn
IRON AND BRASS POUNTDBMI.
101, JOOJJ inoo JaeksauB Sta,
, Omaha. Sets. Tal. SIM.
L Eabrlskla. Agent. J. B. CrwgUt, ifjaj
fiANE GO.
"i-'.iuioii bou juuuir of
Steam and Water Supplies
Of All Kinds.
1014 anil lOJO Do'utlLAI IT,
IjHiCnuCAL bUtTLItS. '
estcrn Electrical
uumpany .
Electrical Supplies.
fcltctrU Wlrtai Btlli iaa Qu ijii..
(V W, JOHNSTON Mpr, 1610 Howard 8t.
TENTS AND AWNINGS,
Omaha Tent & Awning Co.,
, ujiaiia. man.
TENTS ' FOR RENT.
TENT8 AND CANVAS GOODS.
EXD WOIl CATALOGUE! NUtlUBIl BB
COMMISSION.
David Cole Co.,
OYSTERS,
White Plume Celery, Poultry.
OMAHA 418 South llth St.
