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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Jan. 29, 1902)
The Omaha i Daily Bee. ESTABLISHED JUE 1, 187f. OMAHA, WEDKE.SDAX MOHNIJsG, JANUARY 29, 1002-TWELVE PAGES. SINGLE OOl'Y FIVE CENTS. WAR IN THE SENATE 'XattU f Wordi ii Wajcai an tka Philip fini QnutioB. '1CENES0F INTEN3E EXCITEMENT PREVAIL JXUli nu, Tsllar, BpoWir and LiJp Art tka Lsadaia, jrf 1N0UEGE IN BITTERWONAUTIES laTatra' Nr Iwut, lrilKV-f riit'c Etcsnntort- x s. X'' CHAIRMAN IS UNABLE TO COMMAND OflDEhv During Period of Peace the' Senate I'aaacs AVI mm Menaiirn In I'm v vide Department of Conirnercc ' , . mill I.nhor, I WASHJNOTON, Jan. IS. A Philippine torm was tho central nttractlon In the enato chamber today for nearly three hours, but was void of defintto results. At times It looked very serious and tho spec tators who thronged tho galleries watched It with breathless Interest. Acrimony In ocnatc debates Is not Infre quent, but It hn been years slnco thero has been such a hurrlcano of bitter vltup ration, of personal taunt, of uely rharges and of unmodified criticism as was wit urtscd today. Not nlnce tho discussion of tho .resolutions leading up to tho Hlspano Amorlcan war havo such scouts occurred In tho chamber comparable with today. Kven that debato lacked thol personal bit terness manifested at times today. Irritation won aroused on both sides of thn chamber and once or twice personal encounters between senators seemed Immi nent. Onco when Senator Teller taunted tho re publican senators by declaring that they know tho statements made in a recent dis patch from Manila, In which General SVheaton was represented as criticising the opponents -of the government's policy In tho Philippines, wero truo, a half dotcn republicans wero On their feet In an In etant. Lodge Grown Defiant. Senator Lodge, to whom taunt seemed aimed particularly, hurriedly crossed from Ills seat In tho center of tho republican side to the center of tho main olslo of tho aenato and, white to tho Hps, challenged tho stntomcnt of tho Colorado senator and demanded that ho withdraw It. Senator Teller modified tho statement, and further hostilities ot that tlmo wero averted. Ono of tho sharpest colloquies was bo- tween Senators Spooner and Tillman. Tho raco problem, Involving tho lynching ot negroes, was Interjected into tho controj versy and much feeling was manifested by both aoufttor.Ju".1J".K' course of the col loquy Mr. Spooucr declared thatU tho same rule waro to' bo applied to tho colored p'oo plo In tho Philippines aslr. Tillman re ferred to In tho south, then "Ood help tho colored man In tho Philippines." "Clod help him In tho Philippines now!" houtod tho South Carolina Benator pas sionately. "You havo already hutchorcd In thrco years throo times aa many as tho Spaniards did In threo centuries." Lose Klicht of' TJuslnesa. "It Is ono thing," rotortod Mr. Spoonor, "to kill men- with arms In 'their hands ngalnst tho government and against the flag; It is another thing to burn them." Senators In (heir oxcttoment seemed to havo forgotten the subject of debate. Tho chair (Mr. Fryo) was able with diffi culty to maintain' order. When" tho dis cussion was ended for tho day, tho cbntr felt callod on seriously to admonish sen ators that tho rules of tho body had not be on" observed, and after reading the rule which had been violated he expressed tho hopo that In tho (uture senators would havo a care to observe It. Such admonition has not been made-by tho providing officer of the seuato In many years. Prior to tho outbreak on the Philippine question the scnato concluded tho con sideration of tho bill establishing a De partment of Commerco and passed it. The name of the new department was changed to that of tho Department of Commerco and Labor, - Investigation of Philippines. A resolution Introduced yesterday by Mr. Lodge of Massachusetts' authorizing the committee on tho Philippines to make an Investigation ot tho Pblllpplno question and for that purpbso to sit during tho sessions of the scnato, was reported favorably aud adopted by the senao soon after it con vened today. i Mr. llaoon of deorgla offered a resolution 'providing that the committee on printing consider the expediency of printing a spe cial edition ot tho Congressional Record for sale to the general public at 12 for the long sessions and 1 for tho short sessions, lie said that some action ought to be taken by congress to insure to the general publto mora complete information as to the doings In Congress. Under the present system, he said, it was Impossible for the public to be kent In formed upon tho work of congress, it was no reflection, he cald, upon the newspapers ot 1110 country to say they did not publish full reports ot congressional proceedings. No newspaper could afford to present to its readers moro than a brlof synopsis of tho proceedings In the two branches ot con gress. Mr. Hawley remarked that his newspaper exponence extenacu tack between forty and fifty years. When he was youngerttie newspapers of the country devoted constd arable, attention to the proceedings ot con Kress and In a measure, at last, he thought they might return with Interest to their old practice. I The resolution was adopted. Itejeot Labor Amendment, , Consideration of the bill to establish a pepartraent of Commerce then was resumed, line pending amendment being that ot Mr. (Pettus, providing that tho department of labor mould not be made a part of the proposed new-department. After n brief (discussion tho amendment' was rejected 19 I to 33. Mr, Bucon then ottered nn amendment .providing1 that the name ot the new do i partmcnt should be the Departmnt of Com merco aud Labor, Mr. Nelson, In charge I of the bill, agreed to tho amendment and It wis adopted. Mr. Halo withdrew his amendment offered few (Jays ago transferring tho Interstate , commerce commission tn the new depart- tnepU He bad been convinced, he said, I lOontlnusd oa Fourth Tags.) FOUR OFFfCERS SURRENDER Mnjur Mini Three liiKiirsrut it ti 1 h Yield (n A in pr ion II Troops, l.lenten- MAN'ILA, Jan. 28. Mojor Lot nnd throe Filipinos, lieutenants, with ten rifles, tbreo revolver and twenty-four bolos, surren dered to Stajor Anderson of the Sixth cav alry yesterday at Llpa, province of Bn tangas. Lot was brought tn.'slck, pn a litter. He was cordially hated at Llpa, where ho looted J55.000 worth of jewelry from prominent families. Nlchcrson'n scouts have captured Colonel Lot, a brother of Major Lot, near Ba tnngas. Llcutenant'willlam K. Lames of the Sixth cavalry has. had a slight, engagement with some Filipinos, during which ho killed two Insurgents and canturcd a captain and two ,7oiuicrs. '"''J0 General outlook In Batangas prov- tt'rTJZ'Vl cntored Lnngulan, Lcyto province, claim ing they wero constabulary, but not yet Uniformed. Tho Impostors were taken to police headquarters and were royally en tertained by the native sergeant In charge. At a given signal the renegades and In surgents fell upon tho police, who, though outnumbered more than two to ono, fought desperately and drovo off their nssallantB after a hand-to-hand fight, In which bolon were tho chief weapons. The victory was notable, as the pollco were, completely sur prised and also outnumbered. They lost two men killed and had ono man w'ounded. The Insurgents left ono man dead. WOMEN ARE NOT RELEASED MlHNloiinrlcN Mill Cnptlvea ami Pros pects Arc Lean Iteiisani'lnir of Knrly freedom. , WASHINGTON, Jon. 28. Tho Stato do partmcnt today received a dispatch from tho United States representatives In Tur key regarding tho caso of Miss Kllon M, Stone, the American missionary hold by brlg.mdc. and her companion, Mmo. Tsllka. Its' contents were disappointing, tho cap tives not having 'been released, ia was hoped would bo tho case from tho manner In which the negotiations looking to that end had been progressing lately. Officials aro nvorso to discussing tho enso freely, but It Is understood tho hesi tation of tho brigands In bringing tho matter to a prompt conclusion Is duo to their distrust of tho attltudo assumed by the Turkish authorities. Tho ransom money demanded has not boon paid. Tho Stato department will con tlnuo to exert every offort to secure tho release of tho women, but Immediate pros pects nro less reassuring. VIENNA, Jan. 18. A telegram has been received hero from Soda saying tfrnt tho brigands wish tho liberation of Miss Stone, tho cnptlvo Amorlcan missionary, to take place upon Turkish territory and that tho Turkish government will not consent to this arrangement unless It bo ndvls'cd of tho tlmo nnd placo'of tho passage of tho brigands across thef rontlor. Tho Turklh government also requires 'that n neutral escort' accompany tho brigands. COLOMBIA IS ON THE ALERT Government Sends Strnntc Reinforce ment to llealst Attnck on Colon, , TANAMA, Colombia, Jan. 28. Tho gov ernment steamers Boyaca, Chuculto nnd General Ccmpo snlle'd from here this after noon to attempt to break the blockado of Agua Dolce, whero tho revolutionary fleot was last seen nnd to communicate with General Castro. Passengers who have arrived hero report lwlng eeen a steamer towing two vessels off Chmrern. The government has sont strong, relu- foKCtt.r nts to resist nny attnck on Colon. General Pinto, with 3,000 men, has marched from Call to liogbta'to reinforce Jho government troops at tho capital. ITS WORK NEARLY COMPLETE I'nn-Atnrrlrnii Conference nt Mexico Approaches end of I.oiik Session. CITY OP MEXICO, Jan. 28. Tho Pan- American confcrcnco today practically fin ished Its real work before It by approving tho International sanitary measures and the Important articles of the court ot claims project. Tho only thing It has still on hand Is tho report of Genoral Royes of Colombia on the means of Improving fluvial commu nication In South America. On Friday aft ernoon will take placo tho closing session of the conference, Mlnlstor Martscal deliv ering tho closing uddress.. SCOPE OF THE NELSON, BILL Will IlrliiK About JVmnlier of VhaiiRrn ( tn Departmental Af fairs. WASHINGTON, Jan. 28. Senator Nelson's bill creating a Department of Commerce, which passed tho senate today, was amended In various particulars. Probably thd most Important of tho amendments was ono changing the tltlo to read tho' Department of Commerce ond Labor. It provides for a secrotary, who Is to bo a member, of the cabinet; an assistant secretary and also tho other officials and clerks necessary. The proposed department Is especially charged with tho collection and distribution ot statistical information and with tho developing and fostering of for eign and domestic commorcc. In tho department thero Is to bo a now bureau ot manufactures and many bureaus now Included in other departments nro transferred to this new department, In cluding tho life-saving .servlco, tho light house service, the marine hospital service, tho Bteamboat Inspection service nud tho bureaus ot navigation, of shipping and ot Immigration, as well as tho control of' tho fisheries and tho Chinese exclusion ques tions, all now within the Jurisdiction of tho Treasury department; tho fish commission and tho census bureau, The department also Is given Jurisdiction over tho consular service so far as it pertains to commerce, DECIDES AGAINST RUSSELL Ohio Supreme Co art .Sustains the Gnr- fleld Corrupt 1'ractlcea ' Act. uuuuAiuua, u jan. zs rne supreme rpurt of omo today handed down a do clsion sustaining tne Garneld corrupt practices act. ino decision was given In the ease ot 1 A. Kusbcii ugalnBt tho state Itussell claimed that conformity' to this act could not ue required oi candidates for congress. The case cornea from Cuyahoga county. v SANTEE AGENG1 FALLS FIRST Nabrtika Dotation Fiiia Offica Ikit Off from Caaiidata. OMAHA AND IT$. INDIAN SUPPLY DEPOT letiry'T. Oznnrd Concludes Cntin Falls (o Prove Clnlm Senator Mll Inril's'BIII for I.easlna Pnlifln Lnnils. (From n Staff Correspondent.) WASHINGTON, Jan. 28. (Special Tele gram.) A dotcrmlncd effort Is manifest on the part of tho Interior department to rc- duco tho number of Indian agents-wherever this can 'be consistently done, and tho San- tee agency In Nebraska Is tho Drst to fall undor tho ban of tho department. Com missioner Jones announced today that the agency for tho Santccs In Nebraska ceased with tho expiration of H. C. Balrd's termf nnd that hereafter tho agency will bo cop ducted by the superintendent In chargo of ho schools. He said this Information bad been furnished tho delegation In congress, but neither Senator Dietrich nor Senator Millard knew anything nbout tho abandon ment of tho agency until informed by a reporter for Tho lice. , Senator Millard had chosen a successor to Dalrd In tho person of Georgo W. Saunders, ami Senator Dietrich had Joined htm In this. The news of tho department's action, there fore, stirred considerable controversy. , Just what action will be taken Is not known, although It Is Intimated that Sena tor Millard will go beforo tho Commission on Indian affairs and- seek to havo tho Santco agency restored. Omnhn'n Indlnii .Supply Ilepol. Commissioner Jones' attention was called to tho recent action of the Commercial club of Omalra In relation to tho Indian supply depot at that placo and today ho said: 'lltds for Indian supplies nro opened In Chicago and New York, but for dollvery at tho places whero tho greatest demand for certain commodities prevails. Omaha Is on this list. Tho Indian depot at Omaha, Is running, and so far as I know will continue to run. Should tho appropriation fall. how evcr, wo will bo compelled to shut down at tho close, of tho present fiscal year, Juno 30." Genoral Mandorson, speaking of the argu ment in the caso of the Northern Securi ties company beforo the supreme court. wherein tho stato of Minnesota seeks to re strain tho company from operating because Its organization Is in restraint of trade, said: "My observation of tho supreme court practlco leads me to tho conclusion that If tho Justices aro agreed that they should hear n moro extended argument as prayed for by tho attorney general ot Min nesota, they will not Indlcato this conclu sion until after tho February recess, which begins noxt Monday. If, on tho contrary, they should dccldo that nb other argument Is necessary, thoy will so announce nt noxt Monday's sitting. Personally, I do not be- llevo tho stato of Minnesota has mado a. showing sufficient, to warrant the filing of briefs beforo going into, tho merits ot the question." Oxnnril Thinks Cultn falls. At tho conclusion nt the hearings on the boot sugar interests today beforo tho' ways and means committee, Henry T. Oxnard said: "I am satisfied that tho hearings nayo failed to bring out nny satisfactory reasons why tho Cuban 'sugar planters should enjoy a free market lu this country for their product. Tho advocates of free sugar from Cuba havo tailed utterly to show that- tho United States has oven ro- motoly contracted their markot. The Cuban sugar Industry has at timet) suffered from' low prices, Just as tho corn iudUBtry of No braskn, Iowa and Kansas has suffered. Cuban sugar admitted frco of duty will depress tho sugar beet Industry of this country wltlroiit nny compensating advan tages. Cuban advocates have, lu my Judg ment, utterly failed to present any reasons why congress, should grant what they ask." Senator Dietrich today recommended tho following postmasters: Dladcn, Webster county, WUIiara L. Bennett, vlco A. P. Johnston; Darnston, Gago county, Edmund IJubbard. i Senator Millard recommended tho reap pointment ot Mrs. L. A. Ileynolds at Arca dia. Valley county. Ilcnalnir Pulillc I.nnds for Grnalnnr. Sonator Millard Introduced a bill today prqvldlug for tho (casing of tho vacant part of tho public, domain for grazing purposes, but reserving all rights of homestead and mineral entry, tho rentals derived there from to bo a special fund tor irrigation. No chango, will be made In tho rulcs'gov ornlng tho leasing of Indian lands In South Dakota If Commissioner Jones has his way In tho matter. After fully considering tho question he has decided to recommend to Sccretnry Hitchcock that the department ndhero to Its orlglnnl regulation In this connection. Tho commissioner bases his notion on tho belief that the leasing of In dian grazing lands tn South 'Dakota will bent subserve the Interests of tho Indian. "Thn plan has provod successful in Okla homa," said Commissioner Jones, "and tlio Indians thoro annually derive large lncomo from this source." Louis Prlmoau, representing tho Standing Ilock Indians, was at the Indian bureau to day to confer with the commissioner. He advocates a rearrangement of the districts as classified, but It tho secretary sustains tho commissioner his mlsolen will prove a failure. The Indians object, moro to tho manner In which tho lands have beon divided than to the leasing plan. It Is llkoly this mattur may bo made a subject of congressional Investigation, Charles E. Itennjg of Fairfield, Ia,,'hns been appointed messenger In the Navy Department. A poBtofllco Is ordered established at Don ley, M.uion county, Ia and Dewltt Ward is commissioned poBtmastor. William H. Lea ot Holmesvlllo and Thomas W. II.' Eckctt of Koarney, Neb., aro lippolnted railway mall clerks, Tho First National bank of Now York Is approved as reserve agent for tho First Na tional of Volga, S, .p. Tho proposition of the Citizens' State bank to leaBb quartora In the now build ing on Warford street for a postofllco at Perry, la., for ten years Is accepted by tho Postoillce department. Sturk on Irrigation. Congressman Stark has sent to George L. Levee of Grand Island, Neb., a letter, In which he says: I regret thut press of otllclal business lma prevented me from taking up with you be fore this tlmo tho Irrigation bill. Historically there nro two lines of tiro law affection flowing streams, One Is known as riparian ownership; that Is, that thero cannot be uny appropriation of-wuter from a Mowing stream, bdt that It must How undiminished in volume. , long time ago, time out of mind, u water wheel was Introduced us a motive power In England, unci there followed tt public sentiment thai Mowing water must not be deflected from mo allium, iu mai imKlll Slop MA mill, .(Continue! ca Fourth, Pace.), INSISTS ON THE GAS THEORY Doctor Itellerntes Statement that Itlce's Lungs Are Slit Con Resled liy Cold. NBW YORK, Jan. IS. The cross-examination of Dr. Hamilton Williams,- coroner's physician, who was present' at the autopsy on tho body of William Marsh Itlcp, was re sumed today nt the trial ot Albert T. Pat rick. In reply to questions by .Mr. Moore of counsel for Patrick, Dr. .Williams said It was posslblo that disease of the kidneys might so aggravate the lungs that death would ensue in an hotir. The kidneys might be diseased, although of normal size nnd Color. A neglected cold might cause pneu monia, accompanied by congestion nnd a watery conRltlon of the lungs. "Aro those the conditional you found In tho' lung tnkon from Mri llfce's body?" asked Mr. Jtoore. "To & degreo, yes." ' On redirect examination tho witness said thero were certain conditions in the lohe of tho left lung that could not have resulted from a neglected cold. , Tho witness reiterated his belief thnt tho condltons found wero duo to the Inhalation of a gaseous Irritant. Captain James A. Dakcr ot Houston, Tex., testified that the firm ot which he 'was a member had looked after Rice's Affairs for about forty years.- The witness repre sented Mr. Rice while Patrick was rep-j resenting the heirs undor tho will of Eliz abeth, tho second wlfo of Mr. Rice. Mrs. Rico had disposed In her wilt of certain property In which Mr. Rico claimed she had no Interest. Tho witness met Patrick In 1898 nnd 1899. "Patrick thought tho 'caso should bo set tled," said Captain Bakcx: "Various nmounts from $250,000 U $500j000 wero spoken of by Patrick, but t told him Mr. lflcc felt greatly outraged by 'the will and had no doubt of winning- the caso In the United Stntcs court. I old Patrick: I would .recommend a settl men't of $u0,000 to stop litigation." ' "Did Patrick over meet Mrw Rico whon you wore present?." asked' Assistant Dis trict Attorney Osborne. . . "Never." Patrick had told tho wltnttm of moetlng Mr. Rico In Texas sevoral years before, but witness had never 'beard of Patrick meeting Rico within a year ot 'the tatter's death. Patrick had ney'er tnformod wltnoss that he represented '.Mr, Rice or that ho was Interested with .Mr. Rice In any wny. Captain Raker said he saw Patrick In, .Rice's apartments four days attpr Rice's death. David i Bhort was wtn.nim. Tnoy had' a conversation ot about twenty minutes. "Patrick," tho witness continued, "said ho felt that an explanation wait, duo to ma. nnd he was glad to make lt.I told lilm t should bo glad to hear It. IlVreferred to tho litigation and to. our moving In 1899. After I went .back to Texas, said ho mado up his mind that wo cqiiW effect a. settlement It he could meet J4r. -Rico, I told him Mr. Rico was rery uKter, against: all who had taken natt, In the'-UtlKatlnn. and that ho was especially ngtvkVthQ executor, Holt, and at PatrlckfetOjScaK-. dalous witness Tbn mission ot any Mtlmonvxf for leS.OOoHp'ortln'ff'Wtfw n . check n glvWH by Rice to Patrick, or as to the will of 1896.. The check for 105,000 was nover presented for payment and tho court ruled thatjt was not pertinent to (ho crime. Baker testified that, to the best ot his belief, tho will of 1900, tho two chocks for $25,000 each and the cremation letter wero forgorles. The recorder first admitted the wlliv of 189G In ovldcnco and then rovorscd the ruling, saying that he thought It was the 1900 will that had been offered, Mr. Osborno said that his object was tn comparo tho two -wills to show that the will of lSDfi wan taken as tho basis for the will of 1900 and that tho latter offered Inducements for every ono mentioned In tho' will ot 1896 to dccltno to contest the will of, 1900. FUNST0N DEFENDS WHEATON (minus Geuernl Ileenmra Indfirnnnt nt Semite's Hint of Official Itcprlinnnd. KANSAS CITY, Jan. ,2S. General Fred erick Fdnston arrived hero today from San Francisco. After a consultation with his physician ho will contlnuo on to Iola, Kan., tho homo ot his parents, for a brief visit. He appeared In good health. General FunBton mado tho trip to Kan sas City alone and arrived unannounced. Ho soon sought .out his physician and sub mitted to an examtnatldn of tho wound from which he haB experienced 'trouble lately. Whether or not another operation would bo necessary the physician was not ready to state, snylng that tt might bo two or three days beforo" that question could bo determined. In the menntlmo General Funeton said ha would ro.naln In KansaK City resting quiotly. Ho expressed himself ns feeling perfectly well. Ho said that after undergoing treatment horo and visit ing his parents he would returS west la time to tnko a transport for Mantis early In February. His leave of absonae expires March 10, Oonoral FunBton, In an Interview with a reporter, said ot the Investigation con ducted p Washington recently regarding the killing of two Filipinos: "The Investigation of General Metcalfe Is In the nature ot threshing over a matter already settled. The whole thing Is based on an affidavit made by t Private Huakey, formerly ot the Kansas regiment. HuBkey sworo that he saw Mctcalfo shoot unarmed prisoners. That vas In March, 1899. "In March, 1900,- Huskey appeared bo- foro a board of army officers appointed to Investigate Metcalfe's connection with the affair. Hero ho stated ithat tho previous affidavit was secured from him by a Kan sas officer after tho Utter had gotten" him drunk. Huskey' said that be signed a pa per, but had no knowledge ot Its contents. "This was tho affidavit upon which the chargo against Metcalfo was based. He. de nied every statement made ih the affidavit at tho hearing In March, 1900." General Funston was Indignant at the hint ot a reprimand from the senate, for General. Wheaton.' He rovlowed Gonernl Whcaton's long career and said that he did not believe In subjugating the Filipinos by sprinkling ttjeru with j-osewnter. General Fudston was asked about his plops for tho futuro and roplled: "I havo only tho regular army In sight." x. TO ACCEPT COLORADO DIOCESE Ilev, Charles S. Olmsleil of Philadel phia i WJII He Installed After ICaster. , DENVER, Jan, 28. It Is, announced that' Rev. CharleE S. Olmsted of . Philadelphia has decided to accept the position ot coad jutor bishop ot tho Eplsoopal diocese of Colorado, to which he was recently elected, and he will ba Installed shortly, after Easter. PLATTE YALLET BANK CLOSED Ixamiiar in Chaff at lallirosd aid Caibltr A. I. Qould AireiUi. ACCUSED OF FORGING MANY NtTES Lincoln, Omnha nnd Other Xehrnska Ilnnks Snld to lie Involved for nn AKRreicnte of' over f 10,01X1. BELLWOOD, Nob., Jan. 28. (Special Tel egram.) Tho Plntto Valley Stato bank closed Its doors nt about noon today, which has created considerable excitement among tho citizens, especially tho depositors. Tho bank Is now In tho hands ot a stato hank examiner. A. H. Gould? cashier, Is under arrest, charged with forgery. LINCOLN, Jan. 28. (Special Telegram.) An Investigation begun yesterdny nftcr noon, under the direction of President S. II. Burnham ot tho First National bank of this city, resulted today In tho arrest of Cashier A. H. Gould of tho Platto Valley Stato bank at Ilellwood on tho chargo ot forgery. It Is nlleged that Gould has forged notes for nmounts aggregating between $10, 000 nnd $45,000. Somo of tho papor which Is said to be worthless Is held by Omaha nnd New York banks. About $5,000 of tho Platte Valley bank's paper Is held by tho First National bank ot this city. Mr. Barnham's suspicions regarding the notes purchased from tho Institution were aroused yesterday, and a special messenger was detailed to Ilellwood to Investigate, The search resulted In tho claim that some of the paper was forged and the findings wero nt onco communicated to Mr. Burn ham, who Immediately brought tho matter to tho attention of Secrotary Royso of tho State Banking board. Bank Examiner Hartwcll was notified to go to Bell wood and tako charge of tho Institution. Mr. Hart wcll arrived In -Bell wood last night and to da'y closed tho Institution. Secretary Royso left for Ilellwood this' afternoon. s Loan of Lincoln Flrat National 'MA Burnham estimates that theloss sus tained, hy 'his bank will not greatly exceed $2,000biit ho ran give no definite figures and has no Information upon which to base an accurate conclusion. Ho says ho re ceived a privato mcssago from Ilellwood this morning to tho effect that Gould ad mitted liability for not less than $20,000. The. Platto Valley bank has been doing' business for many years and han been con sidered to be In exceltent condition. It is capitalized for $1S,000. Tho" Stato Banking board has taken no action tn the matter, and nono of tho stato officials hero has official knowledge of tho charges preferred ngalnst Gould. Secretary Royso discussed the suspicions with Attor ney General Prout yesterday afternoon, but that, was bofore It. was definitely known Tvhat tho' Investigation lit .Bcllwood had brought forth. State Treasurer Stuefor said tonight that the stato would loss nothing through the closlugof the hank, aa It Is not a state df-pewitory and doesuot contain any stato 'fMIl&S. V.. "J - ThePlatijo Vlieyipank was .broken Jnto, oy Burglars auoui two 'mmnns ago ana robbed ot $1,000, Since then a Plnkcrton detectlvo has been In Nebraska lnvcstt gntlng tho case, but tt Is not 'known whether tho robbery has nny connection with tho events which 'transpired today. SCHLEY IN BLUE GRASS STATE Admiral flecelves Contlnnnus, Ova tion Alone; Ills ltoufe from. ChlcuKO, LOUISVILLE, Ky"., Jan.' 28. Rear Ad miral Schley, who, undor tho chnpernnago of tho Board of Trado and tho Knights .Templar, "will bo Loulsvlllo's guest until Friday next, arrived horo this evening. Ho waB greeted by nn admiral's saluto and a shouting crowd of many hundreds at tho depot. - Tho trip from Chicago was one long ova tion and so vigorous were soms of tho hand clasps which the distinguished seaman re ceived en route that his right hand wns "nearly out 6f business," as the admiral explained. Tho admiral made no speeches on tho trip, although at some of tho stops' ho spoke a few words of greeting. Tele grams from every station along tho Uno, many of thorn, stating that the schools had been closed to allow tho children to see the admiral, were received. Thoy asked that tho admiral appear on the platform, It only for a moment. At many points tho best General Superin tendent Lowell of tho Monon, who was tn personal charge of the train, could do wns to slacken speed, but tho passenger for whom all wero looking braved tho rold to appear and bow. At Lafayette, Ind., ho Insisted that grlmyhanded machinists who had rushed from tho cor shops, tako his timid. "Nover mind that greaso." he sold, and tho men who had not wished to soil tho admiral's gloves cheered. CANNOT ACCEPT PRESENTS President Most Ilnre Anthnrttr from Congtress In Itccelre Gifts from Fore'larn nulers. WASHINGTON, Jan. 28. In the present opinion of the officials here President Roosevelt cannot accept any present from either Emperor William or Prince Henry without authprlty from congress. An examination of the precedents Is said to dlscloso tho fact that whllo tn many In stances presidents apparently received presents from abroad, thoy never have re tained these, except by' express authority conferred by congress. In the other cases, where, the gifts havo not beon returned to the donor, the presents have beon deposited by tho president in tho Department of State or in the Smithsonian Institution. A large nurabor of medals and articles of value may be seen In the library of the State department, the gifts of foreign rulers. CENTRAL BOARD OF EXAMINERS .Vevr Functionary to Supervise Civil' Service of Iturnl Delivery System. WASHINGTON, Jan. 28. A central board of examiners to supervlso tbo civil servlce work of the rural free delivery servlco of tho postoffice department will bo estab lished hero February 1. Clarenco F. Daw son, private secretary to thn postmaster general, will bo appointed chairman of the board and several others "with a similar long experience In the servlco will bo de tailed as members of It. Mr. Dawson has been secretary to the postmaster gen eral through soveral administrations. Mr. Payne announced after his appoint ment that his private secrotary, Mr. Whitney, would continue as bis secrotary here, The latter will take chargo In a few CONDITION OF THE WEATHER Forecast for Nebraska-Fair in West, Snow nnd Warmer In Kust Portion, Wednesday Thursday, Fair; Variable Winds. To in pern! nro nt Oninlin Yeaterilnyt Hour ler. Hour. licit. n. in II n, in. ... . IO ! 7. . a 1 p. m ... . Jl 11 11 lo lll Ft ft 7 n. m, .-. . . H n. tn II n, in 1(1 a. in. . . . :. :i p. m i p, m . . . . . n p. m ..... . l p. in . 7 l. in . ... N p. ill It p. in ..... . t r, 7 H l ll n, in l'J in ADDRESS BY NEBRASKA MAN- Speech onJtrtnll Grocers Mode Ilefore Convention hy .1. II, i ' C'onynKhnni, J, MILWAUKEE. Jan. 28. Tho National Retail Grocers' association, In annttnl con vention here, today discussed many ques tion of Interest to tho trade. 'J. B. Conyng ham of Nebraska spoke of tile doings of tho retalt grocors and general merchants In that state. "Tho Retail Orocer and His Responsi bility" was tho title ot on address hy Colonel Robert Mitchell Floyd ot Boston. Colonel Ffoyd expressed tho' hope that In tho near futuro tho national association would bo composed entirely of grocers and that thoy would carry on their national en terprise without the assistance of men not engaged In tho distribution of food products. Albert J. Jans ot St'.' Louis, Mo'., also Ad dressed the convention. Other papers wero read by Frank J. WIckcns of the New York State Grocers' association, A. Schler of Texas and Lleutcnnnt Governor John Lee ot Mlrsourl. The association adopted resolutions urg ing tbo pnssago of n national puro food law and placed tho stamp of Its unquallllc'd ap proval on tho proposed parcels post legis lation, v Kansas City, St. Louis, Cincinnati, San Franqlsco and Buffalo nre working hard to socuro tho next convention. MAKE A BREAK- FOR LIBERTY United Mates Prlanncra Attempt Eacnpc nnd Crnelly Al an it 1 1 Trusty, t SOUTH M'ALESTER, I. T., Jan? 28,-Ono hundred nnd forty-two prisoners In the United States Jail hero made an unsuccess ful break for liberty Inst night and two of them wero wounded by the guards, Nich olas Woolrldge, charged with murder, nnd Charles Carter, charged with peddling whisky, wero shot In tho legs. Tho prisoners had been thwnrtcd In an .effort to cut through ono of tho walls of tho Jail early In tho day arid thoy charged their failure to nn aged trusty whom they suspected of betraying them. Thoy pounded him nearly to death before ho wos rescued by tho Jailer. A goncral riot followed tho fighting. Tho prisoners de stroyed tho lights nnd attacked tho guards and wero nbout to escape, when tho Jailor and his assistants fired Into them, wound ing 'two and frightening tho othera Into submission. TWOMgPqN,- GALLOWS Tlanarert for Ktlllnir Cashier of n Ifar rJahurar, Pennaylvnnln, Bank. HARRISBURO, Pa.. Jan. 28. Weston Kelper nd Honry Rowo were banned nt 10:40 this morning In tho presence, of 1,000 person. Rowo and Kelocr for unveral years worked tn and around tho mines nt Lykns, Pa During tho morning ot MhtcIi 13 last (bey visited tho Halifax National bank of Halifax, this county, andf with drawn revolvora, demanded of Cashier Charles W. Rnn tho cash In tho vault. In n struggle which ensued tho cashier was shot In the breast, dying scvetnl hours later. Rowo srd Kelper were captured by citi zens wtthtn two weeks; they wer tried and convicted of first degree murdo'". Frank R. Sholoy, an accomplice, plonded guilty as nn accessory and was sentenced to ten ;cars In pr:ion. MOURNERS KILLED BY TRAIN Threo Persons Returning from Punernl Are Hurled from Their Carrlaare. CHICAGO, Jan. 28. Three porsons were Instantly killed and four Berlously Injured by n Michigan Central train at n cross ing nt West Hammond, Ind., late this aft ernoon. Dead: MRS. MART POLEK7; JOSEPH POLEK. JOSEPH SWI8GAK. Ths party wbh tn a closed carriage re turning from a' burial at Mount Carmel cemetery. Six persons wero Insldo nnd ono on tho seat with tho 'driver. Tho locomotive struck tho carriage, in the side with great force, demolishing It and throw ing the occupants In all directions. Tho driver escaped uninjured. ENGINEER KILLED IN WRECK Sleets Tlcnth tn Collision tn "Which Fireman Is Hurt and En gines 'Demolished, I SYRACUSE. N. Y., Jan. 28. Tho second section of tho Now York Control limited, caatbound, struck a switch engine, standing on tho track In front of tho Oocldn sta tion. Both engines and much of tbo sta tion wero demolished. Tho .engineer of tho limited, Dorsey Welch of Albany, "was killed. Fireman Cahlll ot Albany wub in jured. None ,of thn passengers wore in jured. The cars remained on tho track. JUSTICE OF PEACE IN TROUBLE Prominent Man l(C'lmraed vrllh Km hesslInK the Fonda nt Ills I.oilKe. ST. JOSEPH. Mo., Jan.-28. A special to tho Dally Nows from Maryvllle, Mo., says: Alwln Charles, momber of aN prominent family, aged 65 .years, has been lodged In Jail on tho charge ot embezzling $1,600 funds belonging to tho local Odd Fellows' lodge, of which ho was for thirteen years secretary. Charles Is a Justice of tho peac and lived In Maryvillo all of Ills llfo. .flovVnieuta of Ocean Veasels .Inn. 2N. At New York-Salled-Bovlc, for Liver- PPUI, At Naples Arrived Aristea. from, Port land, Mt via St. Vlncont, fi. V. I. At Singapore Arrived Glcnchlid, from Tneoma, Yokohama, etc., for Loudon. At Cherbourg Arrlved-KnlHcr Wllholm dcr nroaoo. from Now York, vlu Plymouth, for Bremen. At Glasgow Arrived Blborlan, from Philadelphia; Mongolian, from New York. At Yokohama Bulled Empress of China, for Hong Kong, Shanghai, Victoria nnd Vancouver. At Scllly Passed Palatla, from Now York, for Hamliurir: Munltoti. from lsrur I York, for London, ' POLICE BOARD HOLDS Gmraar lataf a DtallaM tapjiaiat Oaaha Fir ai Palloa Cai!iitn. t ACTS ON ADVICE OF ATTtRNEY GENERAL Praat'i Writtsi Oplii.a Pattnt . to Pia "it Aoltti by JBxtontiTt. " ' DECREE OF SUPREME COURT PLAIN i ' i Law Laid TJowa in Tn Dtolilaai littlii Poiiti at Iuia. NO RIGHT TO ANTICIPATE REVERSAL Opinion Fnrnlaked ot Tteaucst of Gov ernor Clearly Sen 1'titlllty of Ac tion Proposed hy Aaplrnntc for Appointment. 1 (From a Start Correspondent.) LINCOLN, Jan. 28. (Special Telegram.) At 1 o'clock today Governor Savago an nounced that, acting on tho advice ot At torney General Prout, ho would tako no steps toward appointing a flro and pollco board for Omaha. Oovornor Savago's stntomcnt to the publh Is as follows: "Tho opinion of Attorney aonoral Prout In regard to my duty to appoint n Board of Flro nnd Pollco Commissioners for the city of Omaha states elenrly that I havo no Biich authority. Deputy Attorney Genera! Brown's opinion, which wns rondcred u few wooks ago, Is to tho samo effect. Both these opinions wero rendered after careful examination of the decrees of tho supremo court on this much-tried nnd much-mooted question and after a cureful rovlcw of tho IO.W and tho authorities, and no matter what my personal wishes In tho premises may be, I am bound to respect them and bo governed accordingly. 1 havo thcrcforo determined not to Jcopardlzo (ho pcaco nnd safety of tho citizens and good order of the city of Omaha by precipitating n need less strugglo for tho control of tho .pollco authority of that city, nnd 1 shall thoro foro mako no appointment of a Board of Flro and Pollco Commissioners.!' Attorney Gonernl Opinion In fnll. Attorney General Prout's opinion, Is ns follows: s Governor K. P. Snvuge, Llncoln.-Dcor Hir. In reply to your request for tho opin ion of this olUco on your right to appoint nro and police conimlssionuiM for thn eltv of Omaha 1 beg to say thut tho subject involves the t'oiivldorntlon of threo de cisions of tho miprcmo court. Hy mi net passed by tho legislature In 1S37 potvor v:ih vested In tho governor ot tho state to ap point such commissioners. In Statu against Alnores, l& Neb., 480, tho stato sought to enforce that provision of the net giving tho governor such right. Tho enso wne regularly iirRUrd nnd submitted. Tho court decided that so far as tho not ussumml to confer power upon the governor to appoint fire i nnd pollco comuilsstnncrs for the jlty UtOnmhn It "Waif unconstltutlonxl.and void. Iiy tliat decision tho appointee ot Governor Holcomli voro held to bo Intruders and wero ousted from olllco. Tho Judgment wus llnnl nnd effective. U-itpr. In Statu ngalnst Kennedy, fiO Neb., 300, tho state sought to reopen tho question of the. governor's uuthorlty to appoint those pincers. At thls'tlmo Governor Poyntor hnd succeeded to tho office of governor, a now board of commissioners had beerr un pointed by him nnd quo warranto proceed ,lngs wero Instituted to plneo them In office. In Hint caso it wns urged by tho stato that tho decision In Stato against Moores, -supra, was not binding on It. for tho reason that tho doctrlno of rua ndjudlcnta could not ho Invoked against tho stnte. This argument was presented to tho court with nil ex hatiHtlvo array of iiuthorltlss, but tho court's decision wns adverse to tho conten tion. Judge Sullivan, in delivering the opinion of the court, held in effect that tho Judg ment In tho iloores caso, whether rlgnt or wrong, was a final adjudication ngalnst tho authority ot tho governor nnd his suc cessors In ofllco to appoint thene cnmmls sloners. Ho said: ''Ono of tho defenses Interposed by the respondents Is that the Judgment In the Mooren caHc. whothrr right or wrong, Is binding and concluslvo upon the parties to this litigation. Counsel fur tho interveners, on the other hand, con tend that whllo tho doctrine of res Judi cata npplles to ordinary suitors, It has no application to n sovorelgn state. Thn ones, tlon thus raised Is an Important one, and we havo given it careful consideration, reaching tho conclusion nfter much reflec t on and thorough Investigation of tho nu thorltles thnt when the state Invokes thn Judgment of a court for nny purpose It lays Its sovereignty nsldo and consents to bo bound by the decision, whether such deci sion bo favorable or ndverse." . After numerous citations, tho opinion continues: "In the cosp of Moores. supra, It was d. elded that tho state, acting through Its, governor, could not appoint flro and police commissioners for Omaha. That Judgment Is. conclusive upon, tho state, und. as a matter of course, is binding upon the gov ernor and those claiming through or under. Should you npnnlnt commissioners rind by quo warranto thn stato should seek to in- doctrine of ron Judicata n,u,, lueiu in oiiii-t:, n wuuiu c met uy tns uiiiiounceii in LV In rWmi rtn 1 1 - ino opinion awivo nuotcil. n can hco. no pohhiiko wa forco and effect so Innc nn It ahimli i,nm. versed. It miiH.t bo remembered that tho caso of Moores against Bedell, recently d clded, docs not attempt or even suggest tho overruling or Stato against Kennedy, supra. It Is the law of tho sttito. belntf tho court's latest pronouncement on the rule of res iid Judlcata as nppllcablo to tho state. Thn ltedell case was an Injunction suit brought by an onicor to restrain Jits Impeachmont by tho tiro and pollco board, (ho state not being a party oven by relation to (ho suit. Tho court hold thn board had a right to try tho ofllcer nnd dissolved tho Injunction. In cidentally, tho court overruled the original Moores case, but failed to overrule ths Kennedy caso; tdthcr expressly or by Impli cation; it Is entirely sllont on tho question of res Judicata, . U ,.b0 J?re.sy.n,f1. t,mt ths rnurt will follow tho Tli'dell Judgment overruling the Moores case, tiy overruling Its former deci sion In tho Kennedy case, then your rlnht to appoint Hie and police commlRslonor:" would bo unquestioned. If, on tho other hand. It hotprepumcd that tho court will reaffirm thu doctrlno of. thu Kennedy case, then It Is equally clear that you havo no such right. We have no right to presumu Hint thn court will overrule the decision In tho Kennedy cass. which was reached, as the court nays: ''After much rell'-ctlon and thorough Investigation of the authorities." I therefore beij to advise you that In tho Judgment of this department you havo no legal authority to niakit tho appointment of tho officers In question. I have tho hqnor,to remain, respectfully yourn, F. N. PIlOUT. Attorney General, DRYDEN CARRIES THE DAY Gets Majority of Vote of I.ea-lslntnre for United Kliites fleiintnr In XeY Jersey, TP.ENTON, N. J., Jap. 28. Ths two houses of t tho legislature met separately today to ballot for tho United Static sen atorfhip. In the house, John F. Dijdc-n ot New York, the republican nomlneo, io. ci.dved til vrtcs to U for Congressman Mc Dcrmott, the choice of tho domocMls, In the K'pate the Voto was: Dryden, 17; McDormott, 4. Provloua to the session tho democrats held a caucus and selected Mr, McDvrmbtt na their candidate. Senator Oebhardt In a Kpt-ix-li r,ut'stl(ined tho democracy ot Mr, Mcnrmott.x Tho latter did not support Bryan In lEflC. Mr. McDormott waa ehoata by a vote ot 13 to U - -