Nebraska Newspapers

    The Omaha Daily Bee.
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a.,, JUIJ. vj'iaiia, iuuhsuai !UJ(iNiJNU, JAjyUAEY 30, 1902 TE2s PAGES. SINGLE COPY
FIVE CENTS.
ASKS FULL REVIEW
Icklej Urgu PmUent to Cooiidtr All f
Court's Firdiigi.
IASES HIS APPEAL ON OEWtY'S REPORT
laji in No Other Waj Cn Exuol Jmstice
Doit U Him.
fOINTS OUT ERROR OF SECRETARY LONG
"Waiti Eidimratnti bjL Inquiry
Btpirt AnnlIcL '" .
QUESTIONS OF AUTHORITY AND h.
u
Teat of the Admlrnl'a Appenl to Prcni '
ilcnt Ilnoaevelt U Mnilr Pntillu
nnd Knvy Iiepnrtment In
Cmtalderlita; It.
WASHINGTON, Jan. 2!). Tho Navy de
partmont tins rondo nubile Admiral
Schley's appeal, delivered to tho president
about a week ago. Tbe department' com
ment will bo published In a day or two,
Admiral Scbley appeals to pio president
on tno cnicr oxecutlvo and comraandcr-ln-
chlof of the army nnd navy, vested with
power to "regulate and direct tho acts of
tho sovernt oxecutlvo officers thereof," and
uo nnks that tho president rovlow tho find
Intel of tho court. Ho asks this on thrco
grounds, In each case basing his appeal
on tho findings of Admiral Dowcy an op
posed to tho majority roport. Thcao thrco
grounds aro set out In tho petition,
which fills about eight printed pages of a
pamphlet, and Is signed by Admiral
Hchloy and by Messrs. Raynor, Tarker
Hnd Tenguo of his counsel. Attached to tho
potltlon aro threo exhibits, "A," "n," and
"C," each mado up of copious extracts
from tho testimony taken by tho court of
inquiry and intended to confirm the stato
mcnts of fact mado In tho petition itself.
Flrat n round of Appenl.
In this latter dooumont tho first ground
of appeal Is tho holding of Socrctary Long
In his endorsement on tho court's findings
that "tho conduct of the court In making
no finding, and rendering no opinion on
thoso questions (that of command or credit
for tho victory) Is approved Indeed it
could, with propriety, tako no other course,
ovldenco on these questions during the In
quiry having been oxcluded by the court."
On this point tho potltlon says that the
secretary of tho navy was In error In stat
ing that the court oxcludod testimony to
show that, as Ilowoy said, Schley was tho
sontor officer In tbe battlo of Santiago;
wa In Absoluto command and entitled to
tho credit due for tho glorious victory
which rosulted In the total destruction of
the Spanish ships. On this point tbe pe
tition says:
"Therefore, ho petitioner asks tho presi
dent to annul Secretary Long's endorsement
on this point and that ho specifically ap
prove Admiral Dowey's statoinont declaring
that Schloy was In command. He aays that
iPPlK.In. thls way can exact Justice bo dono
him udder tho precept."
Hacond Ground Concern Withdrawal.
Tho second ground relates to tho alleged
withdrawal of tho squadron at night from
Santiago bay and tho character of the
blockade and tho propriety of Commodoro
Sohloy'a conduct In the premises. This
was one of tho points upon which Admiral
Dewoy spoclflcnlly dissented. The petition
recites tho unaingo of the court to tho of
feet that, tho flying oquadron did not. with
araw at nignt and doclares that by this
statement tho court obviated the necessity
of oxpresAlng Its opinion an to whethor or
not a closo or adoquate blookado was eg
tabllshed nnd tho propriety of Commodoro
Schloy's conduct In tho promlsos. It la
aaciarea tnit undor this specification the
eighth more than a majority of all tho
witnesses woro examined and about ono
thlrd of tho whole period of tho inquiry
was consumed in Its consideration. Yet
notwithstanding tho facts herein sot forth,
ill of which appear upon tho record of the
laid court, tho concurring members thoreof
havo failed uttorly and entirely to
(liscnargu tno most Important duty
Imposed upon them by the terms
of tho said specification, which duty
was to report their opinion upon the ques
tion of whethor or not a close or adequato
blockade of said harbor to prevent the cs
"sapo of the enemy's vessels tberofrom was
Mtabiiahed and the propriety of Comroo
Soro Schloy's conduct In tho premises
Thereforo Admiral Schloy asks tho presi
dent to annul the secretary's endorsement,
which "makos valid tho falluro of the ma
jority mombers thoreof to report their
opinion upon that portion of tho said eighth
spocinoatlon." And It Is also asked that
there be substituted therefor Admiral
Dowey's holding that "tho blockade of
Santiago was effective."
Stnnda on Dewey Verdict.
The third ground recites Admiral Dowey's
opinion to the effect that: "The paean go
from Key West to Clenfuegos was mado
by the flying squadron with all possible
dispatch, hovlng in view the Importance of
arriving off Clenfuegos with sufficient coal;
that tho blockado of Clonfugos was
effectlvo; that tho Adula was permitted to
gain information; and, finally, that the
passage lrom Clenfuegos to a point off
Santiago was mado with as much dispatch
as possible, while keeping tho squadron
a unit." Tho petition doclares that this
opinion, being at variance In certain points
with tho majority opinion, Is tho only ono
Justified by tho evidence and facts beforo
the court and It la asked that tho secre
tary's approval of the majority findings
bo sot aside and annulled in each Instance
wlairo it la nt varlauce with Admiral
Dowey's opinion nnd that the latter's
opinion should bo opproved for tho reasons
herotofore set out In tho bill of exceptions
fllod with tho secretary of the navy. It la
also aBkod that tho president annul that
portion of Secretory Long's ondorsomont
which statos "as to points on which the
presiding member differs from tho opinion
of tho majority of tho court, tho opinion
of the majority Is approved." and that In
plnco he substltuto and approve the dec
laration nf Admiral Dewey on these points
obovo reforred to, conncctod with tho
passage from Key Wes.t to Clenfuegos and
thenco to Santiago.
Tho petition concludes:
And your petitioner most respectfully
f.ViV.T i,.hn.li,i0,,,jriby. ,I,B nc,lon fr which ho
Pray In this relation can exact Justice bo
tlono him within tho contemplation of the
precept tinder whirl, tha sild court "at
nnd whence it derived Its authority.
(titration ,,f t'oniiiinnd.
Kxhlblt "A" is an argument concerning
thoquentiou of command during the battle'
of Santiago and comprise fully two-thirds
of sixty-two printed pages which make up
tho petlttou and oxhlblts. ' It discusses the
(Continued on Second Page.)
KANSAS CITY GRAIN CASE
.1. A. Mtinrne Aruuea tor I'nliiii Pnellln
He fori? Iiiterntute Commerce
Com iiilmlon.
(from a Stnff Correspondent.)
WASHINGTON. Jan. 23. (Spcclnl Telo-
gram.) J. A. Munroc, general traffic man
nger of tho Union 1'aclflc, appeared before
tho Interstate Commerce commission today
In what Is known us the Kansas City grln
cose, me case seeks to adjust tho rates on
grain from points In tho Missouri valley to
points cast. At precnt through grain rates
from Kansas points to Missouri river terrl
tory and points east are, as a rule, 1 cent
per 100 pounds less than the local rates
from Kansas points to Kansas City plus tho
proportional rates cast of Kansas City
Tho Knnsas City Hoard of Trade contends
that this constitutes discrimination against
Knntas City nnd llko points and in favor of
81. Louis and Chicago,
Vr. Munroo held tho undivided attention
.c commission. Ho cxplnlned that In
move tho Kansas grain crop
V', 'tly and to sorvo Its patrons properly
his -'company had availed itself of tho
facilities at Kansas City, Kan., which had
tho effect of relieving the car prcssuro by
gotttng prompt unloading nnd tho return of
empty cars to tho Interior for reloading,
thereby protecting tho through rate east
and south and giving tho samo rate na
would obtain on shipments handled In
through cars without transfer. He said
the present plan resulted from ycors of
experience nnd was believed to bo to tho
best Interests not only of tho common
carrier, but also of tho grain dealors and
grain growers In the territory served. Tho
commission took tho case under advisement
as to what should bo dune.
Pear Is growing among Jhoso who arc
charged with the arrangement of Prlnco
Henry's Itinerary thnt he Is contemplating
too far n Journey Into tho interior of tho
United Statos. Today his Journey wna
shortened and Mllwnukeo, St. Louis and
Chicago aro the clttcB now on tho list for
visitation, cutting out all cities farther
west. It is now thought that tho cities
agreed upon will havo to forego the pleasuro
of tho prlnco s presence, ns tho demand for
tho kaiser's pcrnonal representative grows
to such proportions that tho German am
bassador is overwhelmed with Invitations
and ho bas transferred tho wholo mutter to
tho Stato department. Omaha, therefore,
will havo to content Itself without enjoying
tho distinction of scolng tho brother of Em
peror William.
Senator Millard's bill granting nn Increaso
of pension to Julius W. Clark was reported
favorably today.
F. C. Luck, chairman of tho Nntlonal Cat
tlo Orowcrs' association, appeared today
beforo the commlttoo on public lands in ad
vocacy of Senator Millard's grazing bill.
which ho Introduced at tho request of tho
cattlo growers of tho west.
Senator Dietrich rocommonded tho fol
lowing postmasters: Darnston, Edmund
Hubbard, to succeed himself; Dladen, W. M.
Dennett, vlco O. J. Johnson.
Colonol J. II. Prntt and daughter of
Omaha aro guests at tho Fairfax.
Hov. E. A. Fogolstrom and daughter of
Omaha aro In Wnshlngton.
Dr. Fred F. Tron was today appointed
ponslon examining eurgoon at Chamberlain.
S. D.
Tho proposition of Mrs. Mary Oroek to
furnish quarters .on tho cast sldo of Main
streot between Fremont and Broadway for
tho Dcnlson (la.) postoffico has been nc
ceptcd by tho Postoffico department for a
term of ten years.
Major Edgar A. Mcarns, surgeon. Is or
uureu 10 ran iciiowsiono ror duty, re
lieving Contract Surgeon James Ferguson,
who will proceed to his homo In Olivia,
Minn., tor annulment of his contract.
PLAN FOR CARNEGIE INSTITUTE
Trnatee anil Donor of Fnnd Hold Con
sultation llPKnnllnir Pro
poned TJnlveraity.
WASHINGTON, Jan. 29. Andrew Carne-
glo nnd tho board of trustees of the Carne
gie Institution, tho new national university
of post graduato studies which Mr. Carno
glo has founded with nn endowment of
10,000,000, held their first meeting hero to
day.
Besides recelylng n largo number of
callers. Including Secretary of Agriculture
Wilson, Senators Scott and Elklns of Wont
Virginia, and Governor Dudd of California,
Mr. Carnegie spent most of tho forenoon
in an informal conference with the trustees.
Ho announced his definite purpose to en
trust thorn with tho absoluto control of the
endowment and stated that he did not wish
to Influonco their Judgment In any way.
Mr. Oilman, the former president of
Johns Hopkins university of Baltimore, to
whom Mr. Carnegie confided his plans bo
foro tho project was announced, and Dr.
Charlos D. Walcott, director of the United
States geological survey, who has "been tho
spokesman for Mr. Carnegie In the nn
nouncoment of tho planH and virtually oc
rotary. of tho board, stated that to their
knowledge no member of tho board has
como to Washington with a tentative plan
of organization drafted.
A general desire prevailed, said Dr. Oil
man, that evory dotali of tho organization
should be freely discussed by tho entire
board and that tho completed scheme of ad
ministration should be the result of such
a discussion. He had understood, ho said,
from talks with Mr. Carnegie, what the
latter hoped might bo done, but tho subject
of practical organization had not been dis
cussed. WILLING TO IMPR0VE RATES
Weatern OHiclnla Admit Hxlatenee of
Arbitrary Hchedule and Aicrre
to AliolUh It.
WASHINGTON, Jan. 23. Some important
admissions of 'rate cutting were made nt a
hearing given by tho Interstate Commerce
commission today in continuance of the In
vestigation begun at Kansas City on Jan
uary 1H.
Vice President Paul Morton of tho Atchi
son and J, M. Johnson of the Hock Island,
and J. M. Monroo, traffic manager of tha
Union Pacltlo, testified. All the witnesses
admitted that the published tarff rates on
grain moving In and out of Kansas City,
Mo., had not been observed. They ex
plained the methods by which tho lower
rates wore actually accorded and contended
that this was necessary. They conceded
that thore wero favored shippers on most
of tho trnns-cnntlnontal lines, but claimed
the practice was tho natural result of the
competitive conditions of trans-continental
traffic. The most serious cutting of rates,
they said, prevailed between Kansas City
nnd Chicago,, The witnesses admitted that
nt a time when the published rate from
Kansas City to Chicago was 12 cents per 100
pounds, thcro was practically no grain
moved at a rate above 7 cents, and moro
or less of this traffic was carried at tho
rato of 0 cents.
Tho officials expressed their willingness
to wipe out thlo arbitrary rato If the lines
east of Kansas City would enforce rate.
SOUTH IS SWEPT BI STORK
KuttYcy nd Arktmi tcuti f th
Wtrit Damn.
PROPERTY AND BUSINESS LOSE HEAVILY
Telegraph nnd Telephone- Wired Are
Torn Dorm, t'uttliin; Off Mnnr
To it tin from Outside Cum
in (intention.
LITTLE noCK, Ark., Jan. 29. The hoav
losi losses ever sustained In Llttlo Ilock
from n llko cause aro tho result of the
torriblo storm of sleet and cold rain whlc
has prevailed hero for the past threo days
culminating last night.
Tho business section of the city Is n sceno
or desolation nnd business men on every
nanu aro mourning heavy losses that can
not bo recovered by Insurance Tho cstl
mated dnmago will exceed i00,000, In
eluding loss to business. Tho fall of sleet
amounted to nbout flvo Inches. Llttlo Hock
Is practically shut off from tho world. Th
Western Union lines are nil down through
out tho stute. Tho Southern Tolephono and
I olograph company reports n loss of S2..O0O,
Tho Llttlo Hock Telephone company has
not n lino operating In tho city. Most of
Its wires aro broken and many of Its pole.
are down, all for four blocks on Louisiana
street falling with n crash this mornlne,
Crossed wires set flro to tho office nnd the
fire department was called out and the
llamcs wcio readily extinguished. Fully
5,000 sonde trees were demolished. Street
cars wero run irregularly today.
Ilrnvy IlumnKe In Kentucky.
LOUISVILLE, Jan. 29. An unusually bo
voro storm of mixed sleet and rain pre
vnllcd throughout tho lower portion of .the
Ohio river valley this morning and ns a
result trafllo Is dclnyod nnd telegraph
sorvlco is badly crippled. In this city tho
storm began nt 10 o'clock last night nnd
from that time until early today fell with
out cassation. The sleet was followed by
rain which froze ns it fell, making locomo
tion for pedestrians and vehicles difficult
On somo of tho street railway linen cars
were unable to move during tho early part
ol tho day.
Tho tcmperaturo at 7 o'clock this morn
ing was 27 degrees abovo zero, but it mod
crated rapidly and tho streets soon became
a mass of slush. Nearly evorv train rnm
Ing into this city arrived from ono to two
hours bohlnd time.
Tho local weather bureau reports a fall
of sloot and rain of 1; Inches In twelve
hours. Telegraph south of Loulsvlllo Is
seriously Interrupted, all communication
being practically cut off.
Tho Postal Telegraph and Cnblo comnany
sustained n serlouB accident tonight. Thrco
poles on tho river front, carrying tho
Postnl s wires, -which wero covered with
sleet, fell at 7 o'clock nnd the wires landed
ncross somo trolley wires. In an instant
tho Postal operating room was full of bluo
flames and then was cut off from the world.
Tho Postal people could not say tonlcht
what the damago amounts to or when they
can again got communication with tho rest
or their system.
Lexington ! in Dnrkneaa.
LEXINGTON. Ky., Jan. 29. Lexington Is
In darkness nnd almost every street ,1s
blocked with fullon trees and tangled
wires, tno storm which began last mid
night continued without cessation all day
and tonight. Tho few people who aro out
tonight carry lanterns. Tho mayor orderod
nil olectrio currents, except thoso buddIv-
Ing sovoral streot car linos, which aro yet
open, cut orr ror safety, lloautlful troes,
for which tho city Is noted, nro falling by
nunareds.
PADUCAH, Ky., Jan. 29. As a result of
tho sleet and snowstorm in this section,
wires aro down in ovcry direction. A
number of factories havo closed and tho
street cars stopped, owing to shutting off
or tho electric currents. It is estimated
tho total damago In this city will reach
flOO.000. Tho damago at Mayflold Is $00,000,
wun corresponding losses In other adjacent
cities.
KANSAS CITY BEATS ST. LOUIS
Cnptnren Convention of .ntlonnl He
tnll taroeern for Next
Yenr,
MILWAUKEE, Jan. 29. The National
Association of Retail Grocers, whose annual
convention camo to a close hero today, voted
to mcet.noxt year In Kansas City. ThIs de
cision was reached after nn exciting con
test between Kansas City nnd St. Louis,
the former winning by n voto of 64 to 62.
Th convention voted to recommend thnt
tho 1901 meeting bo held In San Francisco.
Tho following officers wero elected: Pres
ident, Joseph E. Wllllama, South Ilend, Ind.:
vlco prosldent, William Gray, Ilrooklyn, N,
i.; sccrotnry, Charles Pfcfner, St. Louis;
treasurer, E. G. Ashby, Toledo, O.
Tho roport of tho wnys and means com
mittee, which was adopted, recommends
that tho Bamo policy of Bollclting donations
nB oxlsted last year bo continued and nlso
that tho per capita tax of 10 cents remain
In force. It was also recommended that tho
executlvo committee fix the secretary's sal
ary at $1,200 per annum.
Tho committee on constitution and by
laws recommended that u comralttco pro
paro a new constitution to be presented
to tho next convention for adoption. A
resolution favoring no chango In tho duty
on raw sugar from Cuba was tabled.
Goorgo L. Dlngman of Mlnnoaota ad
dressed tho convention today on the benefits
to bo derived from a national puro food law
and Daniel F. Keefo of California spoke on
mutual oblleatlon8.
SAYS WOMEN ARE AT LIBERTY
Solla Correspondent Iteportu MIkh
Stone nnd Mine, Tullka Are
llelenaed.
LONDON, Jan 30. Tho Sofia correspond
ent of the Times, wiring under dato of
January 29, eayn:
"It Is reported that Miss Stono and Mme.
Tsilka wero llbornted this morning on Turk
ish territory."
Ilnkem Are Locked Out.
KANSAS CITY. Jan. ?!) On t,Mn,i,i
union bakers nnd bench hands omployed by
the six leading Arms hero were locked out
tonight because of nn attempt of the In
dustrial Council to form n union of bread
w-ngon onvers. Hereafter the bakers -jay
they will employ nonunion men.
Found with Thront Cut.
CAHTHAOE. Mn.. .Tim "O ir n...
Smith, manager of tho Deutsch Clothlne
rnmpnny. was found In, the basement of
Ills store today with his thront cut. A
razor lay nearby. Smith was 35 years old
und had been married less than a year.
Inry lln .llm llomird'a Cne,
FRANKFORT. Kv.. -Tan "n 'ri, .
Jim Howard, tho alleged Goebel nscnssl
nation principal, wan given to tho Jury nt 6
o clock this evening. A verdict Is not ex
pcotod until tomorrow.
COMPEL SAVAGE TO APPOINT
Writ of .Miuidntnua la SourM to Force
Kevr Fire nnd 1'nllcc llonrd
Upon Omnlin.
(From n Stnff Correspondent.)
LINCOLN, Jan. 29. (8pccinl Telegram.)
Governor Savngc was notified late this
afternoon that nn application would be
mado to tho supremo court next Tuesday
for n writ of mandamus to compel him to
appoint n Hoard of Flro nnd 1'ollco Com
missioncrs ror umana. Tho notice was
given by n delegation consisting of Frank
T. Hansom, C. C. Wright and W. F. Gurley.
Governor Savage tonight said ho would
be rcpresentod In tho coso by Attorney
Goneral Prout, but would vouchsafe no In
formation ac to what defense, If any, would
be mudc. Tho notice of the contemplated
proceedings was Informal, though nccom
pnnled by affidavits setting forth tho condi
tions of tho controversy, and no papers
havo yet been filed in tho supremo court.
Tho attorneys said, however, that tho ap
plication would bo fllod in duo time for
consideration on tho first day of tho sitting,
which will be Tuesday.
DETERMINED TO ENFORCE LAW
Governor Van Sunt Sny Propnaed
Mcrizcr la Illennl nnd Ilc
aervei Detent.
ST. PAUL, Jan. 29. Governor Vnn Sant
today replied to tho petition from Minne
apolis business men who asked him to ccaso
his light on the so-called railroad mcrgor.
Tho letter Is addressed to Jenncy, Scmplc,
Hill & Co., and tho governor says:
I beg to acknowledge receipt of a petition
from you and numerous other gentlemen
doing business In tho city of Minneapolis
proposing thnt no Immediate action bo
taken ngalnst the Northern Securities com
pany, nnd "thnt a fair opportunity for test
ing by experience, whether good or evil,
will como from thnt company."
Tho consolidation of tho Northern Pn
clllc nnd tho Great Northern Raillwny
cpmpiuiloB. through tho organization of tho
Northern Securities company, Is clearly a
violation of state statutes.
I obligated myself, when I wns Inaugu
rated governor of the Htntc, to enforce
the laws thereof.
II mY ""linden duty to prevent, If
possible, tho consolidation referred to, be
cause hucIi consolidation is In violation of
tho clenr and unmistakable provisions of
the laws which hnvo been on tho stntuto
bonks for over n quarter of n century.
Not only Is the lnttr nr thv. i,..w
nlso the settled policy o this state, against
mo i.-ijiisuiiiiiiuoii oi parnuei and competing
railroad lines. Competition In tho mntter
of rates has ulwnyx been nnd ever will bo
beneficial to tho people, und no Hpcclous
argument or statement from thoso desir
ing to do away with such competition
Is sutllclent to meet plain facts derived
from common experience,
Hnwuvur, tho question of whothcr tho
law Ih wlso or unwise does not confront
me.
Tho law cxlHtH :iml hnn hln vlnlntn.l.
duty Is pinln. ' "
I, therefore, must respectfully decline to
tuui,ij who mo renucsis contained in
your petition and shnll continue us vigor
ously ns possible to vlndlonto tho laws of
AID FOR IOWA SUFFERERS
-ruoiiannd Dollnra Voted hr Mine
Workers for Widow nnd Or
phana nt Oakalnnan.
INDIANAPOLIS. Jan. 29. Tbe thirteenth
annual convention cf, tho United Mine
Workers jof America. WlouSned slno die to
night nt 10 o'clock, after delecting Indian
apolis as tho place for holding the coaven-
tlon next yenr.
The delegates to tho Joint conference to
be held with tho operators of the country.
commencing tomorrow, aro Instructed to
vote for Indianapolis for tho Joint confer
ence next year. Tho convention before nd
Journmcnt voted $1,000 for tho aid of tho
widows nnd orphans of tho miners killed
In tho Iown disaster, adopted a ringing
roaoiutlon ngalnst "government by Injunc
tion" and adopted a resolution favoring
tho ro-onnctment of tho Chtncso exclusion
act.
Tho most importnnt nction taken by tho
United Mine Workers today was tho adop
tlon of nn amendment to tho constitution
as recommended by tho constitution com
mlttce, providing for the election of nn
tlonal officers by popular voto of the local
unions throughout tho country. Heretofore
tho officials havo been voted, for In tho
natlonnl convention. It was upon tho sug
gestion of Presldont Mitchell, In his annual
roport, thnt tho amendment was proposed
to the convention for Its action.
SCHLEY BRAVES BAD WEATHER
Pnaaca Throuwh Streeta of I.onlavllle
in Ilenvy Sleet, Cheered
1- Tliouannda.
LOUISVILLE, Ky., Jan. 29. Admiral
Schloy, In following tho program prepared
In his honor by tho Louisville Hoard of
Trade, moved through tho heaviest sloet
storm that Louisville has experienced In
many years. In sptto of tha bad weather
moro than 2,000 persons visited the Hoard
of Trado this morning nnd shook tha ad
miral's tired, but still rendy and wllllnif,
right band, A great crowd had gathered
In nnd nbout exchange hall, where the ad
miral received tho people. Marlon E. Tay-
or, president of tho board, mado tho In
troductions and as (he crowd filed beforo
htm tho admiral hnd a courteous word of
greeting for each. Governor Hockham was
in tho line, but was rescued early and stood
tho remainder of the reception at tho side
of Mr. Tnylor.
Among thoso In linn wero nine members
of tho Natlonnl Association of Navnl Vet
erans. To each of them tho admiral do-
voted especial attention.
Luncheon at tho Pendennls club followed
and tonight tho admiral was tho guost of
honor at tho annual banquot of the Hoard
of Trado at the Gait houso. Ho responded
with a bow to tho cheers that greeted his
entry to tho banquet room.
SAYS COMPANIES ARE SOLVENT
Owner of Asphalt Srcurltlea Fllea Hill
ChnrKlnK Odlcera with
Frnnd,
TRENTON, N. J., Jan. 29. Henry Splnks
of Newport, Ky today filed In tho United
States circuit court a bill charging tho
officers of tho Asphalt Company of America
and the National Asphalt company with
fraud and collusion in having those com
panies declared insolvent and placed In re
ceivers' hands.
Mr. Splnks Is the owner of $125,000 worth
f the securities of the Asphalt Company
of America. His bill is technically a bill
of intervention. He asked permission to
be allowed to come In as a defendant to tho
original bill asking for tbe appointment of
receivers for tho companies.
He avers that tbe companies nro ner-
fectly solvent and that no receivers should
havo been appointed. A rule to show
causo has been granted In connection with
Mr. splnks' bill returnable February 10.
Tho making permanent of the rule asked
for by Mr. Splnka would havo tho effect of
reopening the question as to whether re
ceivers should bo Appointed,
LIVES SAVED BT FIREMEN
ftopl Oaurht ! lifh Building with Foir
Okanot of Emp.
CARRIED THROUGH FLAMES TO THE STREET
One of the Fire Klwhtera Tlrnpa from
Fourth Story, SnatalnliiK
Number of Serlnna
InJnrlea.
CHICAGO, Jan. 29. Bravery shown by
me iiremon tonight saved a number of lives
nt a flro at 160 and 1G2 East Superior slrcot
Tho blaio was In a six-story brick owned
by tho Zoro Mnrx company, sign painters
It was partially destroyed, tho damago
boliig $5,000 to tho building and JCS.000 to
tho contents.
Michael Cumraings, a fireman, fell from
tho fourth story, sustaining a broken leg
and serious burns. Several persons rescue
by tho firemen and pollco wero painfully
ourncd.
Tho flro originated In tho basement, oc
cuptcd by tho sign company, and spread
so rapidly that tho persons on tho upper
noor3 wero given but a slender chanco for
escape.
On tho second floor of tho building wero
Miss Anna llson, n stenographer, and
John Drlscol and Nicholas Ilg, employes
of tno Caldwell Novelty company. They
mado thoir way to tho foot of tho stairs
where their cscapo was cut off by flames
All three wero ovcrcomo by smoko an
must havo perished but for the flromcn who
carried them through tho fire.
On the fourth floor Joseph Moeller nn
Charles Groen, employes, and C. Hustod
scaior partner In tho Superior Cigar com
pany, wore caught by tho fire. Grern am'
Hustcd ran down tho stairs, but wero over
como while between tho second and third
floors. They wero found nnd carried out
by tho pollco. Moeller mado his way down
a flro cscapo, but was badly burned beforo
ho reached tho ground.
In tho safe of Uio Western Match com
pany on tho thlrt! floor was $10,000 worth
of gold. When tho employes ran for their
lives tho snfo door was left open. It is
not thought, however, that tho gold will bo
lost nnd tho members of tho firm did not
Include It in their estlmnto of loss.
DR. SMITH'S CHURCH BURNS
I'eopie'a llonac of Worship In St
I'anl la Ocatroyeil, with
Pnator'a Library.
ST. PAUL, Minn., Jan. 29. Tho lnrgo
houso of worship of People's church, tho
independent Congregatlonallst society, of
which Hev. Dr. S. O. Smith Is pastor, wan
destroyed by lire this afternoon. Tho
building contained an auditorium, with
seating capacity of 2,300, kindergarten and
other branches, besides smaller meeting
rooms, and was situated on Pleasant
avenue.
Tho mansion of James J. Hill, on Summit
avenue, is Just back of tho church site, but
wan at no time in danger. Hard work by
tho fire department, however, was necessary
to keep the flames from spreading to tho
Inrrlugton apartment building nnd rcsl
deuces pri tho other side of tho church.
Tho church was built in 18SS nnd ropro
sented nn outlay of $1051000. Tho Insurance
was only $50,000. Dr. Smith's valuable prl-
vato library was In his study nnd was con
sumcd.
FIREMEN BURIED IN RUINS
Mne
Men Are Cnuicht by Fnlllnir
Walla nnd One la
Killed.
ROCHESTER, N. V., Jan. 29. A four
story brick building occupied by tho Roches.
tor Machine and Screw company, nnd the
W. H. Hutchinson & Co., cnrrlogo trim
mings, and tho Brighten Manufacturing
company has hoon totally destroyed by flro.
The loss Is $60,000, practically covered by
Insurance. Nine firemen who woro at work
near the walls of tho building when tho
roof suddenly fell In wero burled undor a
mass of brick and Iron and nil badly In
jurcu. iieuicnani wiiuam uono tiled a
few minutes after his rescue from tho mn3s
of wreckage. Two others wero taken out
In a critical condition and may die.
SAYS CHECKSARE FORGERIES
Danker Testlflca that Nnnie of Rice
la SlKned by Someone
Klae.
NEW YORK, Jan. 29. Captain James
Raker again occupied tbe witness chair nt
tho trial of Lawyer Albert T. Patrick for
tho murder of William Marsh Rice almost
tho entire two sessions of court being taken
up with his cross-oxamlnntlon. Tho cap
tain uumiueu inai ne naa expressed no
opinion as to the gonulncnens of tho slgna
ttires'of various papers bearing nice's namo
nnd which ho now calls forgeries, until ho
had obtained tho opinion of handwriting
experts. Ho furthermore ndmltted that
Patrick, before his arrest, had told hlra ho
desired a full Investigation of his rolntlons
with the nged millionaire.
Tho witness, too, declined to swear pos
itively that Patrick was not present In
Rice's apartments when tho old man was
nt ono time making depositions rolatlvo to
litigation ho was involved In, Tho prosocu
tlon has been endeavoring to prove that
Patrick nnd Rice never mot. When Mr.
Osborne, for tho people, offered tho 1896 will
in ovldenco as to tho genuineness of tho
signature Mr, Moore, for the dofonso. ob
jected, declaring that tho ruling of tho
court of appeals In tho Mollnoux case was
pertinent. After listening to Mr. Moore.
who argued that tho document was Im
proper and Jrrcleyant as evidence. Recorder
Goff sustained the objection.
Norman MeJdrura, a banker, testified that
tho signatures on the $05,000 and $25,000
checks wero forgeries.
Tho trial will go on tomorrow,
HOLDS PRISONER FOR CHARGES
Sheriff Wnnta Ilia Money Ilefnre De
livering Uarruh to Gcr.
I n it Authorities.
DELTA, Colo., Jan. 29. (Speclnl Tele
gram.) W, J. Owens, a Nobraska detectlvo
and special agent of the D, & M is horo
with requisition papers from Govornor Or
man for Albert Darrah, to tako him back
to Oerlng, Neb., to stnnd trial for grand
larceny. There Is a charge of $52 exnensos
against the prisoner, and Sheriff Hunt of
Delta county demands that thoso charees
bo paid beforo ho dellvors tho man to Do
tectlvo Owens. Owens this morning wired
the governor concerning tho matter. At
torney General Post has Informed Shorlff
Hunt that he. Is entitled to the statutory
fo before delivering tbe prisoner.
CONDITION 0FTHE WEATHER
Foreenst for 'Nebraskn Fnlr Tliursdny nnd
warmer in western rortion; uiouuv mui
now in iNortii una west rontons; vnria
uio wuuis.
Temperature nt Omntin Yratenlny
Honr. Held Hour. Hew.
fi a. m 7 1 p. m ...... 1 1
a. in o y p. m in
7 n. it o :t p, in lit
N a. in s . p. in I I
' m h n . i in
1 n. n it p, ni I I
II m. 10 7 p. in II
1- ni to H p. m lit
! p. m 1U
TO FORM A GIANT COAL TRUST
Itnrona of Xnrtlmcnt Snld to He l'er-
feetlnn Hxtcnalve Mernrr
Scheme.
MINNEAPOLIS, Jan. 29. Tho.. Journnl
says today that n merger embracing prnc-
tlcally tho wholo coal Irndn nf tlin nnrlh'.
west, both nnthraclto and bituminous, has
Dcen orougnt so near accomplishment thnt
thero Is no question of Its success.
It Is part of the plan that there shall be
but ono soiling agency hero nnd ono In St.
Paul. Tills Will nut all tho rph.ll ilnnlri
now purchasing sunnlles from Mm ' 1 n rrrn
companies outof business. President C.
e. wnies oi tno rioncer Fuel company will
bo goneral northwestern manager of tho
consolidation.
Tho nlan follower! hnt linen In ennanll.lnlA
tho nnthrnclto nnd bituminous branches of
tho trndo scnnratclv. This hnvlnt linen nn.
compllshcd, tho two aro now to bo brought
logemor.
It Is believed thnt the onmlilnnllnn nr
coal Interests Is general nnd thnt In other
largo districts It will bo handled from
convenient centers, ns will bo dono In tho
northwest. Minneapolis Is to bo tho head
unco m tnis ncctlon.
ONE DEAD AND FOUR DYING
Workmen In Steel Plnnt Are Cov
ered by Flood of Molten
Mctnl.
CHICAGO. Jan. 2!) !n nn nnnlilnnl liiimrn
OS a "sllti" nt the ntnnt nf the lltlmiu Rtnnt
company nt South Chicago early today, ono
man wan Killed and lour others wero so so-
orely injured thnt they probably will die.
The dead:
MICHAEL OHRANSKI.
The Identified Injured:
John Polnckowlch, cxnocted to dlo at anv
moment.
Cold weather Is tlinuehl tn lmvn hnnn (i,n
Immediate, causo of tha neelilnnl. II la aim.
posed that tho molten Iron nt tho top bins',
furnace No. 10 bceamo chilled nnd clogged
at tho top.
Then when the men onened the. vent ni
tho bottom to drnw off tho mctnl the whole
mass fell down, covering tho workmen from
head to foot with tho white hot metal.
Polackowich becamo crazed with pain nnd,
wrnpped In a sheet of flnme, ran screaming
toward tho lake. Ho wan overtaken nnd
with tho Injured
company'B hospital.
MANY TO BE TRIED FOR BRIBERY
More Indictment Antlelpnted In Con
nection with St. Lonla Hub
urban Itnlluny mil,
ST. LOUIS. Jan. 29. ClrrnO mi,..
Folk said today that In nil nmhnhiii
moro indlctmentB would be found and bench
warrants issued ngalnst several other men
in connection with the Suhiirhnn iiin hrti.
cry matter beforo night. It develops thnt
Emll A. Moysenborg wns not indicted on a
ChnrKO of bribery, but on nnnlhnr nhnrn
growing out of that affair. Tho exact na
ture of tho indictment ngalnst him, the au
thorities say they aro not roady to dlBcloso.
According to Mr. Folk the .tinr. nnn in kin.
locked up In two snfo deposit boxes for
nrioery purposes in the Suburban bill nf
falr cannot be claimed by nnybody without
tho claimant, bv thai net. MhflU'lni- li I ni n I ,
to bo guilty of a felony.
"Tho only way to dlsposo of that money."
says tho circuit nttornov. "Is hv nn
tho legislature Personally. I think It
should be devoted to eleomosynary pur
poses." THIRTY-THREE YEARS APART
Sinter Abnnt to lie Ilennlted In Fair-
bury After a J.nns Search
of the Con ii tr j'.
rilEDLO. Colo.. Jan. 29. fRneelal Tl.
gram.) After thlrty-threo years' separa
tion, two sisters, Mrs. Lconla Hoard and
Mrs. Molllo Kirk, nieces nf Rnnntnr nin,.t.
burn of Kentucky, will soon bo reunited in
Falrbury, Neb. Tho separation dates from
the death of tho mother nf thn elr!
Mrs. Kirk was a mero Infant. They wore
adopted into dtrreront families nnd when
Mrs. Renrd, tho oldest, became old enough
to make Inquiries concerning her sister
and tho nunt who hnd ndopted hor, they
had gone.
She beKnn n search, which ennHnimrl
twenty years without success, until sho
stumbled upon n clue that brought her to
Pueblo. Sho found thnt her slstor. Mr.
Kirk, had been llvlne hern imt hA
cently returned to Falrbury, Nob., and she
started for that placo, to experience a Joy
ful reunion.
FOR ST. LOUIS EXPOSITION
Deletciitl on of Loulalann l'urehaae
Fnlr Puahera Arrlvca In
Ohio.
COLUMBUS. O.. Jan. 29. Thn dnlnirnHnn
of St. Louis business men who nro look
ing after the Interests of tbo Louisiana
Purchaso exposition reached Columbus
shortly beforo noon nnd woro given a warm
reception nt tho Chittenden hotel. The
members of tbo delegation nt once pro
ceeded to tho stato house, where they wero
lu consultation wun the govornor and
executlvo commlttoo on finance. HnnoM.
erable Interest. Is being manifested In the
committee and its mission here. The
nnnriini? hill tn nnnrnnrlntn l?nn Ann fn nhU
exhibits nt St, Louis is being very fa
vorably dscussed.
Movement of Ocean Veaaela Jan. -II,
York.
AA Queenstown Arrlved-Noonllnnd, from
Philadelphia.
, At tho Lizard Passed La Savole, for
Havre.
At Hnu t hamn tnn A rr I vnn Ti,liniit.in
from Now York. '
At ITiivtinn A-rl,m TJ-I
Lulse, from Now York, via Bun Juan, oto.
Seattle, Yokohama, etc.
At St. Vlnpent-Arrlvcd-Klbn, from Tn.
coma, Coronel, etc. -
At Filnchal Arilved-AugiiHto Victoria,
from Now irk, for Malaga, otc. (on Medl
ternnenu crulHo),
At I .K'ernrwilKn H.1 fi'mvln tr
York. ' ""
At Oinraltar Salled-Fuerst HlHmurck.
from Alexandria, Genoa nnd Naples, for
New York.
At V,.n. anM..l a 1 ' rt .
..i ...... . u.n-.ni Rii-ni, i-iiui, iur nmun-
nmrilnn Vn H ...In t.l fr. A...n.. ,
llohonzollern, from Qonoa und Naplc.
PART OF ACT INVALID
?ctl. f VingUj Bill i Trutloi PM.
ituitid Uneomtltutlonal.
ALLEGED DEFECT EXPLAINED IV CULLOM
InUrfMMci wltk Pwr f tit PmHint
aid th flisat.
MERE EXPRESSION F VIEW OF CONGRESS
UmImi to Ratify BMlprooitjr TrtatyUndar
Thii PraTisloa.
CONCURRENCE OF HOUSE UNNECESSARY
lllhinla Sciintnr Define Difference
Hctwecn Hill and Treaty nnd
Power nt llouac In lterrniie
I.t'Rlnlatloii.
WASHINGTON. Jnn. 29 Fnr nn hnnr In.
day tho senate had under discussion tho
question whothcr n censorship of press dls-
puicncs exists in Mnnlla. Whllo no such'
turbulent scenes ns thoso of yesterday were
enacted, the debntn fnr n limn v.,u
spirited. Tho sceretnrv nf irnr wna minln.l
ac saying that no press censorship now ex-
iis in mo 1'iiiiippines and a letter from
Goneral Greeley, chief hIciihI nfttpnt nf (tin
army, was presented by Mr. Hovcrldgo of
muiniin, innKing tno stnttnient olllclally that
there was no censorship of press dispatches
und thnt "tho press Is entirely free."
It wns contended by the opposition thnt a
press censorshln did uxlHt in iim pi,m. ,!.,,,..
nnd that copies of every news dispatch tiled
wun mo cnniq company wns flkd with tho
military authorities. That, it was main
mined, constituted n virtual censorship.
Mr. Ctlllom. Chnlrmnn nf Mm nnmmiiin
on foreign relations, delivered nn extended
ana enreruuy prepared speech on tho his
tory of the reciprocity negotiations.
Word I ii K of Pi-orUloit Mixed,
Tho nddross dealt nnrl Inlllnrlv .fill, l.n
constitutionality of that portion of tho
Dlngiey uct which nuthorlzed tho negotia
tions of reciprocity treaties. Ho said that
tho wording of tha tirnvlulnn n. m..
nnd mixed, but it seemed plain that nil
treaties negotiated must have boon made
and rntineil within two yenrs after-tho pas
sago of tho act. Therefore, If that act In tc
control, It would bo useless to rntlfy th
trenty. Senator Cullom eontlniiml ! '
III IIH' illlnlni. .. . ..
run-i-.. iw'irin Hcciinn or tnr
1 8 fiy ii01' H0,rn.r "a ' attempts to con
for, limit or detinu tho treaty-niaklns
ilm'Jnf",0.1 only JM1 'ntcrforonco with t io
DUWl-rM nr flm ,-nul.l a.. .....I . . .
lln .,mLth..ri i-.jomcm IU BUIIHIU, 1)111 IS
i i ,L0J Ul.1?"?1 V0"1180 It comes In con-
: ,r ."" cmime oi mo constitution
wlilcli nays that the president "oluill hnvo
power, by mtd with tho ndvlco und consent
or tlio Heniite, to innko treaties." 'o Ho
mvnri'f!::!.f',re'. 'U r JWHty-nillklllB
Lu0l.Rrv!m c""' u"y w:i'! modify or
limit OWIUU lnit.iu fhl... !. . "
n ii ;,u , i?. ,'. ,.vj r 'yy "s."-
ATlX.. i . v lilt II wu HIIUIl DO
allowed to niako u treuty.
Merely a View of Conureaa.
Mr. Cullom contended that the fourth nn.
tioll Of lllO Dlnuley net shnillH l.n Inlnn n
n mero expression of tho viow of tho con
gress und that tho president did not need
nuthorlty to mako tho treaties. Ho entered
into II long 'discussion of thn nrnnnnillnira nf
the constitutional convention rolatlvo to tho
ircaty-maktug power and claimed that pre
cedents all Showed SUch Iinwnr wna nnn.
forred solely upon tho president nnd scnato.
Tho reciprocity treaties concluded with
Hawaii, Moxico nnd Cnunda did not. en intn
effect until congress uctod, but thoso
treaties coutulncd express provision that
tnoy could not becomo tffeeilvn u-ithnin
congrcsslonul nction.
Mr. Cullom discussed thn nrnvUInn nf Mm
constitution, declaring that bills for raising
revoutio must originate in tho house, und
suld that It had not been ilnflnltntv ..in,i
what wns meant by "bills for raising rev
enue." Ho ndded:
Cltca Supreme Court Dcclalou,
...... ...w u-vi-iuuq v mil duo ii is nr
Justices Storey, Mlllor nnd Hnrlan I can
not boo how this clnuse could make It
linr-nudii rv t.i unli.,lt n n.inl..M . ... .
.. ....... j viiimii'iiy ircaiy 10
Uio hoiiHo beforo It becomes effective. Thw
luiiKiiiiKu ui inu ciaiiso is tnnl nil bills for
rnlslng roventio shall originate In tlm
w ., ,, ulMn uiiciHiiig revenue,
or in which rovenuo muy Incidentally Arise
A reciprocity treaty lit not a bill, it la
true that It reduces a duty which has been
laid by law, but I maintain that tho treuty-
mu tf nim'nr linn 1 1 1 Vw.wl t . . i
;Trr,T.V .ir .V..n Lf l".L."M"B0 A
clmnRo any other act of congresM, and wo
,,u,t, mu .,1-i.ioiwiii! ii V.II1U1 uuhiico Aiur
ul.nll rlnu-n In lin ... -An, . I. . . 1. . .
........ ........ .u ,u imvo. in, mil mo presi
dent nnd Bonato, by treaty, cun chango or
HluiKiy ,i inn wi (J,JU4I I'BB.
j mn iiuioiiuii iii-mii: un ncro iihb oecn ne
foro the senate for IPO yeurs. Tlm oxecit-
lll.n l.tld 111., un.,..ln Kn.rA . . . I . . .
...... nw.iu.ij mvu lunuu ono poBI-
tlon and that is that a treaty is tho au-
iiiviliu miv ui mu num. 1I1U.I pOHIHOn lln
linon uiulu I, in. I liL- llw. it. ..... .
II... nll.ni. I,.. .1.1 ,l.,rl., t . 1.
u.iiv, .,, u, v,i,(,,tf, ,,, menu jyy YCum
,,inu , iviiLauiiu.ii,L-n lllltt, UH a rUlC
insisted that It nhnuld bo considered In rcf-
t-iuiii-u m ri miii ijiiiiun. Him noes not re
liavo us, tho senate, of tho duty of stand
ing for our prerogatives und our rights,
nnd insisting that tha rights of tho execu
tlvo shall bu maintained.
Trenty Stiurenio I,ar of I.nnd.
4 . 1 ...n. I... 1. . . . ..
w num. iiiuuc uj uiu uAcimuva una mu
fled by tho weuato Is tho mipreme law of
tho land, us well us nn net' of congress, if
tho congress Is not satlstlcd with tlie treaty
It has n perfect right to repeal It. let tho
consequoncoa bo what they may. But until
such action is taken tho treaty remains n
part of our municipal law.
At tho conclusion of Mr. Cullom's speech
a bill wns passed providing R200 additional
for tho cHtahllshniont of a lighthouse and
fog algnul stntlou nt Hrown's Point, on
Commencement bay, Washington,
Addressing tho senato, Mr. Money said ths
sonator from Massachusetts (Mr. Hoar)
mado a statement a fow days ago to tho
effect that tbo state of Massachusetts had
furnished moro troops In tho war of tho
revolution than nil that soctlon south of
what was known as Mason and Dixon's
lino. Tho ilgurcs had boon taken, it was
stated, from a roport of General Knox, tho
first eecreary of war.
Itenda l-'lKurea to Prove,
Expressing his cntlro belief that th
Massachusetts senator would not present
anything to the senato but facts, Mr. Money
read from authorities to show that thn
southern section of tho country had fur
nished Its full quota of troops, Virginia
supplying C6.722 and South Carolina 31,131.
Tho latter stato had furnished thirty-seven
nut nf everv fnrtv-two eltlvnn. i.tnni.1.
' " - ' ' ---I'tUI " VI
bearing arms, whllo Massachusetts had fur-
nisncn tnirty-two out of every forty-two.
Ho read extensive cxtrnctu from httnrini
authorities In maintenance of his position.
Mr. iioar explained that whatever ho
may havo said on tbe aubject referred to
bv Mr. Money, he had nn nnrnnm nr in
stituting a comparison batween uny section
of the country. Ho had stated In passing
what ho wished hn hail nnt alnfnrlii.i i..
- - mu, 114
addition to the force of sailors furnished by
Massachusetts, tbo statu had suppllod it
greater number of land troopa than all the
HiaieB Botun or ma i'otomac. He said ho
would bo the last person la tho world