Nebraska Newspapers

    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 - -