rHE Omaha Daily Bee.
KSTAULIefULU JU.NL 19. 1ST1.
OMAHA. TUESDAY MnKNINC OCT01li:i: 13. 1J03 TEN PAGES.
SIMILE COl'V TI1IIEE CENTS.
THINK WAR CERTAIN
Japan ii Expected to Soon Make Official
Dtc aiat.oo of Open Warfare.
flEPORT THAT IT HOLDS COREAN TOWN
SLelaUoo Betweta Bauia and Japai Hava
Beached a Critical Ctaga.
PtlSSiAN BCATS ON WAY TO FAR EAST
JkUieihip and Crui.er Fau Canal for
Oiiiaee water
UNITED STATES 15 NJT INTERESTED
Will insist I tou Enforcement t
lirai) as to Trade wilth Aay
, t oxalri Whlrh Holds lgu
la Mnarbnrla.
BERLIN, Ort. 12 A di.-paUh fioni
Bbangiial to the Fiankfurtrr Zeitung
Bi.it tint news Iihb reached there from
Che Foo to the effect that the Japanese,
have occupied Ma San Fho and thHt au
(jfflii.il declaration of war In expected.
Tin- relations between Japan aiiii Russia
Lave reached it crisis, according to tlic offi
cial view here. The exact nature of the
diplomatic exchanges between the two gov-
ernmcnts that brought cut the present In
tensity appear to be unknown at the lega
tions cf the two countries here or at the
German legations here and at Bl Peters
burg and Toklo. although it la understood
Great Britain la privy to Japan's move
ments. FT. PETERSBURG. Oct. 12. Significance
la attached hers to the fact that The Of
Srlal Messenger and the Journal de St.
f'clershurg print the Berlin Lokal
Ansclger dispatch relating to the movement
pf Russian fleet and the .possible coin
cident landing of Russian nd Japanese
troops In different parts of Coma. Several
Newspaper publish reviews of Japan's
military and naval strength. -
ot Credited la Lsism.
liOXPOX, Oct. 32. Deprecating the
tumors of a Japanese ultimatum to Russia.
JT.sron Ilayashl. the -Japanese minister to
Ornat Britain, In an Interview today said
ha had tiu Information of such a character,
adding that had Japan taken this action
"the Anglo-Jiipanrse treaty would have
necessitated my being Immediately notified,
o I might inform the British government."
The Foreign office Bay a it has no con
firmation of the reports of Japan military
movements at Ma Ban Fho.
Japan has n special settlement covering
ST iTf at fhapokpo. near Ma Ban Fho,
grrantcd to It by Corea In Novemtien,
301. as an offset to the settlement at Ma
Fat I 'ho previously granted to Russia by
Corea .
Americans were affected by the general
impression here as -well as by the reports
f trouble among toe industrial trusts.
tTbey went down H to 1 point.
I aemalaeaa in . Kwatkwad.
In srlt of the reai-surrlng statements o'
the Foreign office and Baron Hayashi, the
frequent reiteration Uiat hostilities be
tween Rarsta and Japan are imminent, the
mysterious movements of the Russian and
Jipsneso fleets and the excited state of
liubllc opinion In Japan ara beginning to
tause disquiet In Orea't Brltian, which, by
reason cf Its alliance with Japan, la so in
timately concerned in any action which the
latter may take In th far east.
Only the most sanguine persons believe
tliat In the event of lmstilltins they could
le kept within the limits which would free
Great Rrltaln from Its obligation , to pup
jiort Its Japanese ally. Kven Karon
Jlayasht, who heretofore has ridiculed ull
auggestlons of war. Is not so optlralsUr tii-J
Clay, innireciiy ne lamiu m possiuuiiy
of war by expressing the hope that in the
vent of a crisis Jupan will have the active
Sympathy of its ally. Great Britain.
While refusing to consider the reports of
an ultimatum having been delivered, baron
Hayashi admitted that the diplomatic
situation had changed since October S, afid
that developments may have arisen from
the failure cf the Russians to fulfil their
engagements to evacuate Manchuria on
that date, lie, however, had heard nothing
from ltis government on the subject.
Che Foo. the source of the latest alarm
ing news, is several hundred miles from
Ma San Pho. so the reports of Japanese
SaUitary movements here are likely to be a
repetition of similar stories clrculatd lust
week. which later accounts minimised.
Some anxiety regarding the course ot
vents In the far east caused' a weak open
ing on the Stock exchange today. Consols
Wre marked down a Quarter of a point.
Tha feature was the dealings In foreign !
government securities. There was a de- President af Kraaaar ramlna.
llne of 1 point lu Japanese per cents GUAYAQUIL. Ecuador. Oct. 13 -It is an
ud of a point in Japanese per cents. nounced that President Plaaa intenda to go
M aaalaatoa Haa I.Hlle krsi.
WASHINGTON, Oct. 12. Aside from ex
tAiislve military preparations by both na
lions, the Japanese legation hers la not ad
vised that cither Iiutiaia or Japan lias as
et com mil tod any act of war. The Japan
ese minister is being kept constantly ad
yied by cablegrams from Tokio of the situ
ation and. realising its gravity, he is mov
ing Willi great caution.
The negotiations betweou Russia arid
JaSH. aooordlug to hia advtoea, are still iu
Vrogresa, and there is hope of a diplomatic,
settlement of the (junction at issue. Tho
minister today authoiisd the Associated
Jiesa to make the following statement:
His attention having been called to a
t-ertaln unauthorised statement attributed
10 him (hat the public utlerancea ot the
Jaimnese people art- all In favor of war
with Kufcaia, Mr. Kugoro Takahlra, the
Jauunt-et- minisiur. aiauad that wniie there
is e me dlmiutcl due to the unsettled a. ate
cf aflairs wtilch lias existed so long In tha
tar nihl. It ooems that it has been ag
gravated more recently by the unfounded
rumors regarding military and nsal move
ments in ccitMU quartern, but In Ins judg
ment the Intelligent eectbm of the JaianeM
l-ui.lic- nas bem-generally calm and col
lected up to the prxamit juncture, as thev
know that the matter has been for Borne
time In the hand of resiaintitble parties of
Japan and Russia, and that they have been
negotiating with a lew to airiv.ng at an
tiiniert-tanding bvtworn them.
For ins own part, Mr. Takahira said bs
ho(ed for the kn-st because the situation is
not without Indications so far that the Rjb
eiau gtneruiucrit la caiiJ dty di. iniaed for a
aeitlement of tlie question wl'b Japan snd
then-lure, so long as the negotiations are
proceeding with reasonable prospect of a
retail honorable to Japn. there Is no rea
son to be over anxious now.
"This is." aatd the minister, "all that 1
tin aay at this muiaeut."
The representatives of tills government
Jn the capitals of Russia. Japan and China
have not adviaed the State department re
garding recent developments and rumors of
War over Manchuria.
As lias often been pointed out. the
United Blaios has no causa of protest, be-
Vuso Rusnia has failed to keep Its pledges
M 1 at It would evacuate Manchuria on Oe
' ' ,-r a. The internet of the United Stales
tlnclturl la rovrred by the recent
'.UatUlMstd OA Iwcuk4 f-ns J
EIG.iT SF ""PNCED TO HANG
A
Weere P
dreni
'I. i
At A. '
l.e-
the
MANILA. i. U'.-lile ''
jii!t beer. s"tit--r. -d here to "'
two to twenty -fHe years' impn.
Judge Jl. Fwii-y. Thtsc men
jlnrt
. by
cap-
lured In Rubicon and otiT provinces of
Luzon adjacinl to Manilc.
A second body of iHrt-ones is In the
Mund of Pa nay, v Vie they huve attacked
1 lie town of Ibnjay and killed thirteen c
the inhabitant. There is only a small
poli'-e force there.
As a result of ti e Ir.vej tication of Cus
toms Collector HliUFter, Governor Taft has
made a requisition tilon the Chinese auth
orities at Shanghai for the extradition
of V D. Bnllenttne. Inspector of customs,
arrested there yesterday, for alleged com
plicity In the conspiracy for the Issusnce
of w:mt arc suspected to lie fraudulent
ct rtlflcatcs. An officer will leave for
Hhunciiai tomorrow to bring the prisoner
luiek hen
The customs authorities have Just dis
covered large quantities of anise seed oil
which was hilled us tar. Many Cfcses of
the oil put up in this shape have been
I seized.
Lieutenant ValtS'i-jez and thirty men of
the constabulary were attacked recently by
6l head hunters of Nueva Yiacaya and
lost two men, after killing fifty-throe and
wounding a large numlfr of the head
hunters. The enemy were s-Tned with
rins and bolns. The constabulary, under
command of Valesnues, ure reported to be
suffering from a dl-ease similar to cholera.
HAVE REACHED NO DECISION
First Day ( Consideration f Alaskan
Bonadary f Rails Mllk
Itesalt. LONDON. Oct. 12. The lust siape of the
Alaskan boundary arbit ration legan today,
when the commlMKloncr met in secret sck
slon to i-onwdur their verdict. Senator
Lodge and Prof. Kir liuls Jette, one of
the Canadian commissioners, were t-arly
on hand and War K-crctary Root and Sen
ator Turner followed them into the cabinet
loom of the Foreign office, where the de
liberations are being held. Liiter Commis
sioner Ajiesworth of Canada, who had
been In the south, put in an appearance.
AVhlle nothing can lie known definitely, a
very hopeful feeling prevails today in
semi-official circles. SiKnllicaiit reflections
of thin appears In today's Times. Dealing
with the difficulties encountered in the se
lection of a new British bmlwssador to the
T nllej States and the irritation which he
would have to face lioth In Canada and
the United Plates If the Alaskan tribunal
broke up with a disagreement, the Times
sa y s :
W rejoice to gay that there Is believed
to be something more than a possibllity
that an award may be agreed upon, or
rather that seven questions may be so an
swered as to end the matter."
The commissioners will sit daily from
31 a. m. to 1M p. m.. when they will ad
journ for luncheon and will resume their
deliberations at t p. m., adjourning for the
day at p. m., until a decision is reached.
The emmissHrier adjourned "at l;10
p. m. without ttaving reached a decialon.
UNITED .STATES WINS OUT
Uaaalaleaa Urrranrat Praninri
rasa Iawi Oppressive ta
This Taaatry.
SAN 1K1MTNGO. Republic of Santo Do-1
mtngn. )ct. 12 The Dominican government
has informed United Slates Minister Powell
that in Mew of his protest It will recall
the bill now berore congress providing for
the neutrality of Dominican waters and
declaring certain harbors to be free ports.
FIGHT DUEL WITH PISTOLS
par af the Combatants Daasreransly
Waaaaa an bvrniaa Parade
brl.
EKRLIN. Oct. li A duel with pistols
was fought on the parade ground at
gchellerhau yesterday between Lieu
tenant Schrelner of the Fifty-seventh
infantry and a lieutenant of the reserves,
Rauchfieisclu
One of the combatants was dangerously
wounded.
Killed In Aatasaablle Accident.
BERLrN. Oct. 12. Prof. Bonnenberg, the
must noted appendicitis specialist in Ger
many, while autombotllng in Tliuringla,
with his family, ran into a party out walk
ing and killed the daughter of a local mag
nate, Herr Roedlger. Mrs. Koanenbcrg was
seriously hurt.
to the I nlted States shortly. He will re
main there long enough 10 visit the St.
Louis exposition. The session of congress
closes today. ,
SCHWAB WILL BE A WITNESS
His Atloraer Pramlsea That He Will
Cosso Into Co art When He
Is Waaled.
NEW YORK, Oct. 12. -The referee s hear
ing in the receivers Investigation of the
affairs of tlie United States Shipbulldirg
company will not go on tomorrow. At
torney C jthrie. w ho is representing Charles
M. Schwab at the inquiry, has not vet
fully recovered from the injuries received '
while riding a few days ago, and a post
ponement until Wednesday was decided
upon. Announcement .also was made that
Mr. Guthrie had agreed to produce Mr.
Schwab as a witness whenever required
without the necessity of serving a process
directing him to attend.
HANS CASE ON AT AINSWORTH
J ary neeared aad Two Witaesseo Ara
Examined for Ike '
Slate.
A INS WORTH, Neb.. Oct. 11 (Special
Telegram. The Hans murder trial occu
pied the attention of the court today and is
being stubbornly contested. A representa
tive Jury has been secured and twe wit
nesses examined for the commonwealth.
The prosecution is being conducted by
County Attorney Ely, M. K. Harrington and
C. E. Lear, w hile Fred Hans la represented
by W. r. Gurley of Omaha and Judge A.
W. fiV-attergood of Ainsworth. Forty wit
nesses arc subpoenaed in the case.
tMon AsaJa Being- Loaded.
NEW ORLEANS. Oct 12 Work of load
ing rot I on along the levee front, which has
beeii uf-tkaii lor aeerai w-reks. wtte r
numed today ou the b&aia of Wh4 iiigtit's
iiumut 4f ii ort!ut ery bc-moa tlia
uiowiuoai ku4 Un ' rlmli'f adouUfc
BRITISH MINISTRY AFRAID
Auccrdiog to Liberal! It Fear Chamberlain
asd the Br.tistj Voter.
BALFOUR WILL MEET MEXT PARLIAMENT
Aastrn Chamberlain ajs That 5a
Elertlan Mill Be Held tntll After
the War Oilier Has Bern
Reoraanlsed.
LONDON. Oct. 12.-Mr. Chamberlain ! j
now resting at Highbury, his residence in
Birmingham, and in not engaced to speak
for another fortnight. He will utilise the
Interval to elaborate bis scheme and pre
pare a reply to the objections rained by
his opponent Meanwhile the fiscal cam
paign Is Ix ing vigorously pursued in the
country. Fpeecbes will lie delivered daily
by political leaders, particularly of the
liberal party.
Mr. ChamlKTlain'F reference to the con
dition of the tin plate industry has been
Ktronply criticised, the experts pointing
out tliut though the trade with the United
States hus decreased, there Is a great in
creane in the number of mills working In
Great Britain and the trade is flourishing.
Fir John J. Jenkins, former liberal-unionist
memtier of Parliament for Catmaihen
and chairman of the Swansea metal ex.
change, speaking before the Pwanneu
Harlior trust tonight, suld that the alarm
ist rebuts as to the condition of the tin
trade were unwarranted. The fint nine
months of the present year, compared with
two years ago, showed an Increase of
18,000 tons. No tin plate bars had been Im
ported since early In MOL proving that
Wales wus able to compete satisfactorily
with the world and was able to supply bars
at a rate which gave no encouragement to
American "dumping."
Free Traders Actlre.
Sir Henry Fowler, liberal, addressed a
big and enthusiastic meeting tonight In
St. Andrew's hall, Glasgow, where Mr.
Chamberlain began his liscal campaign,
lord Tweedmouth presided and Sir Henry
F-iwier read a cordial letter from Lord
P.cseberry sympathizing with the objects
of the meeting. Sir Henry Fowler delivered
a strong free trade speech, declaring that
the country was stronger financially than
ever before. He ridiculed Mr. Chamberlain's
contention of declining trade and asserted
that the colonies needed no bribe to keep
within the empire. He had no tears to
waste on the Iron and tin plate trades, he
said. Where one door was shut on a P.rit-
lnh Industry another was opened. The
country wus well able to hold Its own in
the present commercial struggle.
AuHten Chamberlain, the new chancellor
of the exchequer, replying to a vote of con
gratulation at Acocks Green. Worcester
shire, his parliamentary constituency, to
night said he regretted the new issues had
lout the government some supporters and
declared himself In entire hsrmony with
Mr. Ralfour's program as outlined at
Sheffield. There was a great danger, he
said, in complacently assuming that Great
Britain's- ftca policy needed no revision.
He declared that It was alnt all the
canons of sound finance that the income
tax. the nation's reserve in time f war.
should stand at 11 pence in time of peace.
Balfanr Will Mend War OIBee.
Mr. Chamlierlaln announced that the gov
eminent would not dissolve until the les
sons of the South African war commission
report had been applied and the War office
reorganised.
The foregoing Interesting announcement
confirms the general impression that it is
the government's Intention to meet Parlia
ment and proceed with business, leaving
the fiscal problem alone as far as any at
tempt at exchange is concerned. This idea
Is also shared by James Bryce, M. P.. who
at Timbrldge Wells tonight expressed the
belirf that there would be no general elec
tion until Mr. Chamberlain was ready. The
government, he said, seemed to be divided
lietween the fear of Mr. Chamberlain and
the fear of the electorate.
Lord Stanley, the new postmaster general.
In a speech at Bolton, declared himself In
favor of Mr. Balfour's Sheffield program,
but opposed to Mr. Chamberlain's food tax
ing project.
RICE WILL CASE IN COURT
Man later eeateace af Heath
Party to the Lltl-a-atlaa.
Is a
ALBANY. N. Y.. Oct. 12 Argument was
made in the court of appeals today In tlie
matter of the will of William March Rice,
the probate of which, Albert T- Patrick,
convicted of the murder of Itlee. is fighting
to reverse. The respondent, John D. Bar
tine, one of the executors of the probated
will, who represents more particularly the
"William M. Rice Institute for the Ad
vancement of Literature, Science and Art,"
of Houston. Tex., a proposed memorial to
Mr. Rice, .to which he bequeathed the bulk
of bis estate. Mr. Bartine was represented
today by William B. Hornblower. while
Patrick, the appellant, was represented by
John C. Tomlinson, Max J. Kohler and
Edgar J. Kohler.
The appeal is from the decision of the
appellate division of the supreme court,
sustaining that of Surrogate Fitzgerald in
recognising the will bearing dato of Sep
tember 2ft. It, and repudiating as a trans
parent forgery the instrument dated June
30. 1IW0. put forward by Patrick.
Hire died on September El, 1911O. aged M,
leaving sn estate estimated at t4.tXKi.000.
In the Patrick will but J2S0.0U0 was be-
; jti.thed to the proposed "Rice Institute"
! and the bulk of the estate to Patrick, who
declared that he held a certain '"secret
trust" from Mr. Rice.
CASE WILL SOON GO TO JURY
Lawyers la Ike Till man Trial
Are to Alternate la Argn
aarat. LEXINGTON. 8. C. Oct.. 12 When the
Tillman trial was resumed today counsel
agreed to alternate in addressing the Jury,
counsel for the defense announcing that
but four of their number would speak.
Solicitor Thurmond before opening the
argument addressed the court on ths
state s request for Instruction to the Jury
as to the law lu the case, the solicitor
giving ths state's interpretation of the law.
At 10:30 o'clock Solicitor Thurmond began
tho opening address to the jury, sntertng
uKn a review of the testimony adduced,
by the state.
The solicitor said that the editorials In
the State were before ths Jury to show twe
feelings existing between- the defendant
and Mr Gonaales, and in this connection
dwelt upon the freedom of the press Going
into detail he analysed the testimony of the
priori luil witnsas for the state in
comparison with that of witnesses for the
deferuMi. contending for tho showing- mads
by tLo aiif ii eoBcialod at U.Ja a. aa,
WESTERN MATTERS AT CAPITAL
Transfer of Qaarler eetltn af ladlaa
Uia l- An
prae. WASHINGTON. Oct. 12. ttcial Tele
gram Secretary Hitchcock today ap
proved the transfer of ln acres in Roberts
county, S. D . from Sophia Paul nd Israel
Keoke to E'lrig H. Lillejnrd for K.rx. These
Indian Inherited lands are thus described:
South half of northeast 4 and n' of ne
of section fourteen and sw', cf nw'
section thirteen, nil tn township 12i. north
range fifty-one west.
John H. Moore has been appointed post
master at Cambria., Wayne county, Iowa,
vice S. G. Moore, resigned.
These rural carriers were appointed to
day: Nebraska. Brock, regular, C. Wil
liam?; substitute. (Hive Williams; Daven
port, regular. Jesse M. Buck; substitute.
Charles Buck. Iowa. Geldfield. regular. J:
F. Wllkenson: substitute. Mrs. M. C. Wilk
enson: Mupleton, regular, Anton Hanson;
substitute, Katharine Hanson: Mt. Pleas
ant, regular, William L. Bartlett: substi
tute. Walter Bartlett.
The comptroller of the currency has de-
laved a final dividend' of I1 per cent In
favor of the creditors ff tlie First National
bank of Deeornh. la., making W per cent
on the claims proved and amounting to
The Commercial National liank of Sturgis.
S. D., was today autborited to liegin bua!
nes with l2n.tM capital. H. C. Bostwb-k is
president. Kdwt-j-d Galvin vice president
and M. M. Brown cashier.
The application of ti 11. Townsend of
Caper. Charles Westin. F. H. Shillcn
bergcr, Fred A. Ooodltig. Frank Wood and
N. S. Bristol, to organire the Stockmens
National bank of Casper, Wyo.. with .V. OiiO
capital, was today approved by the comp
troller of the currency.
These rural routes will lie established on
Novemlier IU: At Douglai-, Otoe county,
Nebraska, one route; area covered, thirty
square miles; population, iflu. At Hot-kins,
Wayne county, Nebraska, two routes; area,
seventy-four square miles; population, SIS.
At Waukee. Dallas county, Iowa, one addi
tional route: area, sixteen square miles;
population, 4i2.
First Lieutenant Alexander Murray, as
sistant surgeon, will proceed to Fort Crook
for duty with the Twenty-second infantry
and will accompany that regiment to Ma
nila, reporting ou -arrrvul to General Davis
for assignment to duty.
First Lieutenant Basil N. Rirtenhouse of
the Eleventh cavalry will report to the
commanding general of the Department of
the Missouri for assignment to duty pend
ing the arrival therein of Troop B, Eleventh
ca valry.
Contract Surgeon Paul H. Lvdlngton has
been relieved from duty at Omaha and
ordered to Eagle Pass, Tex., for duty to
relieve First Lieutenant Park Howell, as
sistant surgeon.
STEEL ST0CKSSTILL WEAK
Make ew Uw Records and Art as
Mfisk ta Balance of
Lint.
KKW YORK, Oct. 11 -.hew low records
were made in United teases Steel common '
and preferred at the opening of rhe stock
market today and the rest of the list was
weak in sympathy.
Steel common, on sales of T.nnO shares
In blocks of fiUO to S.000, sold from K to
13, as agatnat 14H. Saturday's close. The
opening sales of steel preferred were of
2.000 shares at Ml. Then in lots of 200 to
MOO shares, it ell to ."V Some support
was shown in the next lot of .000 shares
at i9, but sooi after the stock receded
once more and by the end of the hour was
selling at UVh which is a point beneath
Saturday's close.
Trading in steel stock was very general
snd it was impossible to learn how much
of It represented liquidation and how much
short selling. Several large commission
houses, including a well known Chicago
firm, sold these stocks heavily snd in In
ternational Banking House was reported to
have sold a large block of the preferred
for European account.
The industrial group as a whole was
very weak, including Colorado Fuel. Some
eight improvement was shown by the steel
stocks toward the end of the first hour.
In the middle of the second hour another
drive was made against the steel stocks
and tho common came out In a string of
4,600 shares, selling down to 12S- On the
exchange it was reported that the bulk of
the selling was forced liquidation and came
largely from Pittsburg and Cleve'.und.
One report was that a former lnFider in
the steel corporation had been forced to
throw over 60,000 of 1 common and 20,000 of
preferred. Shortly before noon the pre-i
ferred stock was off to S5a and the bonds
were down m below Saturday.
Other extremely weak stocks Included
Colorado Fuel, which was off E poinla, Re
public Steel over 6 points. American Car
pwferred and General Electric Ji nnd Re
public Iron and Steel S. Around noon the
market was still weak and exc4trd.
REAVIS ANSWERS HIS CRITICS
Bis Crowd at Tecamsrh More Than
hatlsned wltk the Ex
planntlen TECUMSEH, Neb., Oct. 12. (.Special Tele
gram.) A big rainstorm did not prevent
Hon. C. F. Rea'is of Falls City, one of the
republican candidates for Judge in the First
district, from being greeted by a big audi
ence this evening. The particular object of
Mr. Reavis' appearing here at this time
was that be might answer certain charges
which are being made upon him by the
Falls City Journal, a republican paper.
hich refused to support him. Mr. Reavis
took one of tlie circulars which had been
issued from Falls City and answered each
charge. He was armed with affidavits and
records and made the charges lu the circu
lar look mighty insignificant. His hearers
were more than satisfied that the cause for
the bolt In Richardson court. v was through
jealousy alone. Again and again was the
si leaker applauded and it was the general
consensus of opinion thst Mr. Reavis not
only made strength for his own candidacy
in liis siieech tonight but that he accom
plished a good work for the republican
ticket in this county. His closing effort.
hli h was tilled with complimentary refer
ence to the history of republicanism, was a
beautiful piece of oratory.
aca Ka-Coal Oil Inspector.
NEVADA. Mo.. Oct. 12. Attorney General
Crow today instituted suit here, aaktng
judgmeut for til. bo against K. B. Speed,
ex-coal oil inspector of at. Louis, w bli h
amount plaintiff aM-ris was collected dur
ing Speed s terra and withheld by him in
violation of ths act of the legislature of
law. denning the compensation of oil in
spect 01a
W klakr is H laker.
PKOR1A. 111.. Oct- 12.-Whlsky was today
quoted at 31 .24 lor high wines ou ths
Peoria board of tradi. ali ad.an.a if 1
rant, as cotn.pnrod with the xrus lor
last wsta,
COLORADO FILES ANSWER
Defends in Supreme Oonrt Bight to Water
f Arkaoaat titer.
DENIES JURISDICTION OF THE JUDGES
Cane of Great Interest ta Farmers an
Irrigated ! 1 for Consid
eration Before Hlaaest Tri
bunal of Satlen.
WASHINGTON. Oct. 12 The answer of
the state of Colorado to the amended bill
of the state of Kansas In the suit of the
latter state to enjoin Colorado from the
further appropriation of the waters of the
Arkansas river for Irrigation purposes was
filed today in the United States supreme
court.
The document was presented by Colo
rado's attorney general, Hon. N. C. Mil
ler, who Is to be assisted In the case by
a formidable array of counsel, including
Former United Slates Senator Wolcott and
Former Justice Hoyt The answer sets up
the contention thut the United Ststes su
preme court is without Jurisdiction. It is
also denied that the Arkansas is a navig
able stream or that the uso of water for
Irrigation In Colorado has the effect of
diminishing the volume of the stream in
Kansas. "
The ukc of the water for irrigution is
defonded as in accord with the custom pro
vailiiig in the arid region of the country
and the fact Is set forth that many of
the ditch corporatlona now operating In
Colorado were Incorporated by Kansas
when that state comprlHed the territory
now embraced in Colorado.
Hon. Chnrles C. Goodiilc, as solicitor for
the Graham Ditch company, also tiled tlie
unswer of that company to the complaint
made by Kansas against it.
Supreme tonrt Convenes.
The United States supreme court today
convened for the October term, but, with
out transacting any business beyond the
admission of a number of attorneys, ad
journed to make a formal call upon the
president, following the usual custom.
The entire bench was present, including
Justice Day, who was so ill Inst spring
that he had been unable to attend the sit
tings ofthe court for several weeks before
its adjournment In May. There was also
a liberal attendance of attorneys, and the
lobby was filled with spectators.
The chief Justice announced that the
hearing of motions asHlgned for today
would take place tomorrow.
The docket of the court now contains 4SS
cawm, ir of which have been docketed
during the recess. The Justices made their
formal call on the president about noon.
Secretary Hitchcock, nt Work.
Secretary of the interior Hitchcock has
returned to Washington after an absence
of several weeks, which .was spent at his
summer home in New Hampshire. He has
before him charges of irregularities In
office, which have been made against
lsaac.h Stoddard, secretary of the Terri
tory of Arisnnu. but when Mr. Stoddard
called upon hire today he was unable to
grant him audience. .
British Mcern Benort.
Lieutensnt Colonel 11: XV. Blrkbeck or
the British army and Captain Dudley R.
Dechuir of the British pavy, who hsvc
been f.peclally detailed by the British gov
ernment to attend the military' maneuvers
of the army and organized militia at Fort
Riley. Kan., reported to Major General
Corbln, assistant chief of the general staff,
today and were given letters of Introduc
tion to General Bates, commanding the
Department of the I-akes. who will be In
charge of the coming maneuvers.
Irftas of Papers Caases Deportation.
Of the u50 more Chinese taken Into cus
tody here yesterday because they could
... ......r!. r-..ci clioilnn eeetlfleates nbouL I
ISO were released during the night, friends ! r" ""' tnHt rou,d be f'urcd on ,he
having placed the requisite papers before ruttroma map.
, 1 ..K,iti..l Alton interests. While declining to say
the federal authorities. ow fHr ,hf rt of Aing
The police say that most ,.f the others , BrriinSementa for a continuous
protuibly w ft be dejsirted. A large num- " . ' , ... . . . (v,
' , . ... , I through line from the Atlantic to the Pa-
ber claim that their certlnVatcs ha-e been .. . .. . ,
. . . . . cine are true. Intimate that such an or-
lost, but the net of congress makes no pro- " .' , K.M .,, ..n
vision, for such loss, and In such cases, rangement would probably work well for
tho authorities say. deportation must take TSwtr Stubbs make, an lntereet
I'Iuc'' ' Ing statement on the conditions of the H ax-
To Call Extra Session oea. I rlmau system and says: "The aggregate
It was announced that the call for the ' expenditure of all the comiianles cf over
extraordinary session of congress to meet IKW.000.000 will be greatly increased by ap
Novemlier S will be issued probably oa the propiiations for work now under way aud
ith inst. . more than the total estimated expend!-
j tures for the completion of the Panama
Testing Polsona in Foods. canal. Despite the fact that over JCOoO.Ono
The table class of Dr. Wiley, chief of j has been spent in the last three years for
the bureau of chemistry of the Agricul- new locrnnotives and cars the volume of
tural department, composed cf twelve 1 traffic today is greater than the facilities
young men, selected for the rmrpuse of of the Harriman lines for handling it.
testing the effect of aalycllic acid and I This is especially true of the Southern Pa
other preservatives upon food, began the j clfic. The Union Pacific Is perhaps in tlie
second experiment of the series today, i best shape so far as equipment is con
The experiment will continue for tight ' etrned, but it has no surplus of can or
months, during which time the men will
lie boarded st the expense of the govern
ment. Postal Receipts Urge,
The statement of the Postoffice depart
ment giving the receipts st fifty of the J
hirgeat postoffices of the country for the j
month of September shows it to be j.jo.- j
422, a gain of nearly 9 per cent over the
receipts for the same month lust year.
The largest gain was made at Omuhd.
Neb., where tlie receipts were H4.W17,
which is 21 per cent more than the receipts
for September, 1W2.
Dividends from Baaka.
The comptroller of the currency has de
clared dividends iu favor of the creditors
of insolvent national banks as follows:
Two and a half per cent First National
bank of Decorah, la.; I a-10 per cent City
National lank of Fort Worth, Tex.; 14 4-10
per cent Moscow National bank of Moe
cow, Idaho.
Takes OMce la Jaaaari.
Word has been received at the Y hits
House from Governor Taft that he will
be here ready to assume bis new duties as
secretary of war some time tn January.
DEATH RECORD.
J, W. Battmaa.
DECATUR, III.. Oct. 1J.-J. W. Buttmaa,
a retired capitalist, dropped dead today
from heart disease, aged 80 years. He was
married a few days ago.
J. W. Pickles.
AUBURN. Neb.. Oct. 12 ( Special. -J. W.
Px-kles of this place died suddenly this
morning. He leaves a wife and large fam
ily of children.
.Mortality Statistics.
The following births and deaths have
been reported to the Board of Health.
Births G. li. Harris. lw North
Twenty-fourth, girl; Koliert Richelieu. 17
South Ninth, boy.
Ifceath Imvid MachTencir. &2 South Sev
enteenth avenue, 1. Alltert F. Uruna. Ilt7
houlti FDleenib, Goorge Mat lie w Craig, 'A
Piwee. in days. 'iaoio K. Goirelswu, tJ
nuuth XwakUcla. Ia
CONDITION - OF THE WEATHER
Forecast for Nebraska-Fair Tuesday,
1'rece.ied by Rain In F.xtreme Ka-t Por
tion; Wednesday Fair and Warmer.
Temperalnre at Oi
Hoar. Deg.
B a. 4ft
n. nt 4
T a. m ..... . 4s
e a. m 4
a. m fto
10 a. im r.a
11 a. n Ml
IX na M
aha Yesterday 1
Hoar. Uca.
1 . na tv
2 . m "
3 n. ...... ST
4 n. wa. . . . . . 87
ft o. m JV4I
41 a. as S-t
T n. m ... f44
A a. m US
II p. at 53
FOUR INJURED AT THE SHOPS
witch Kagslae Knocks Oat Proas and
Allows Wall to Fall an
Workmen.
Four men were injured yesterday about
12:39 by the falling of a portion of the same
wall which fell a few days ago at the Union
Pacific railway shops. Two of the men are
quite seriously hurt, another badly and one
slightly.
The Injured:
John Armstrong, colored, 311 North
Twelfth street.
George Freeman, R2S South Twenty-fourth
street.
Frank Navrotskl, 1413 C street.
An unidentified man. slightly Injured,
went home.
Armstrong had his right shoulder dis
located and fractured, was cut on the buck
of the head and had lits face severely
bruised. He Is also bruised shout the body.
Freetnsn sustained a fracture of one of hl
legs and his head Is quite severely cut and
bruised. Navrotskl is bruised about the
hips and legs. He elso has some nfher
slight bruises about the body. The un
identified man was slightly cut snd bruised
about the head nnd body. Armstrong Is a
mason's helper and all the others are brick
layers. Tlie raune of the accident was s switch
engine which was switching on one of the
tracks In the vicinity of where the wall
was under course of construction. The
engine passed under some of the scaffolding
going lu. but when It was reversed to back
out in some manner It caught on the scaf
folding which had born built to retain the
wall and knocking It down, allowed the
wall to fall. Armstrong was directly uiulef
it when it fell, but the other men were
working on the structure laying brirk and
sustained their injuries by being knocked
to the ground, and the mass of brick falling
onto them.
The Si. Joseph's hospital ambulance was
called and the three men most severely In
jured were removed to that hospital. The
attending physicians, Drs. Jonas and Upde
graff, would give out no information con
cerning their condition last night, but It
was learned that Armstrong is so severely
Injured that he may die. It is believed the
other men will ail recover unless complica
tions arise.
Armstrong is a married man and haa one
daughter. It could not be ascertained last
night whether the other men have families
or not.
TALK COAST TO COAST LINE
Erie, atfon. t'nlon and owlfcera Pav
el r the Talked af Combi
nation. XEW YORK, Oct. 12. (Special Telegram.)
The sdvanee of several points In the
stock of the Chicago & Alton railroad
lends a certain amount of support to the
report that the road may flgure In a traffic
arrungelient with Erie snd probably the
Union Pacific. The extent to which the
same Interests are identified with Alton
and Union Pacific, is well known and the
election of Mr. Harriman to the Erie board
was one of the most notable of recent
changes in the railroad directory. The
three roads would give a through line from
ocean tn ocean, though by m- means the
etlnea."
INDICTMENT IS NOT GOOD
Opinion of lolled eta tea Jnilge la
4 aae af Farmer Kaasas
Beaker.
LEAVENWORTH. Kan.. Oct. 12. Judge
John F. Phelps, in the United Pastes cir
cuit court here today, handed down a de
cision holding, in effect, that none of the
nineteen counts in the first Indictment
against former Judge William Martlndale,
who was indicted by the federal grand Jury
on the alleged charge of mlaappropriating
the funds of the defunct First National
bank of Emporia, are good.
There still Is snother indictment against
Martindsln In connection with the handling
of funds in several small banks, feeders ta
the First Nations I of Emporia.
The Indictments against Judge Martm
tfale, who wa vice president of the con
cern, grew out of the failure of the First
National bank In 13!. when President
Charles S. Cross, a noted cattle breeder,
committed suicide after an investigation
that disclosed the fact that he lost the
banks money In speculation. Although
Cross left a confession exonerating Martin
dale, the latter was later indicted.
ATTACKS WASHINGTON COURSE
Itgrs Edacaier Becelvea beerias lap
Favoring tvdncatleaaJ 4)aalia
ratlaa for Voters.
SPRINGFIELD. III., Oct. 12-At the an
tiual convection of the Illinois Civil Rights
Protective league, which convened here to
day. Former Representative John G. Jones
of Chicago, who is president of the associa
tion, made ail address attacking Booker T.
Washington for favoring the recent consti
tutional amendments in the southern atatea
Jones particularly objected to the educa
tional qualifications clause and the "grand
father" clause, he demanding that the edu
cational clause applies to whites as well aa
blacks. Colored men from ail parts af the
late are pttoeat.
FLOOD MAKES FAMINE
Thousands Home'eat and Out of "Weik at
Beiult of High Water.
PATERS0N CENTER OF WORST CONDITION
i
IuanufiotnnBgJlauU Damaged to Eita
of Two Million Dollar.
PESTILENCE MAY FOLLOW THE STORM
Health Aolhcritins Are Deviling Methods
of Avoiding Epidemic
MORE VESSELS fOUND TO BE WRECKED
Twe ftebeoaers and One Bararo la Ad
dition to Those Mraorled nn
dny Were Lost on the Vir
ginia Coast.
TATERSON. N. J.. Oct. 12 -The people ef
ihls unfortunate city are beginning to
reauxe the extent of the great flood which
began last Friday. Nearly two entire
wards, taking In the manufacturing section,
have been under water since ll.at day.
This morning thousands of men, women
and children employed In different mills
and factories found they co.'ld tiot get
w-ork, on account of those plants being ohut
dowti. a great many of these people have
also been dm rt-' from their homes and
have neither food nor shelter. The hesvlest
damage In Patc.rson was to the manufac
turers. It Is impossible to give an accurate
estimate of the total loss, but conservative
estimates are about J2.ono,O0O.
The police and firemen have been steadily
engaged since f-aturday morning hi the
work of rescuing families from tha upper
floors or the roofs of tlielr houses in the
flooded district and the work is still go
ing Oil.
Today the water continued to fall and
there did not snem to be any chance of
further dsmage being -done unless another
severe storm should set In. There are still
many blocks under water and an examina
tion of the flooded districts cannot be
made until the water disappears. 1 The
health authorities have a difficult task bo
fore them in devising means to prevent an
epidemic of sickness In the flooded , terri
torv. The people who were afraid and left their
homes will not be allowed to return until
the districts are in a santtsry condition.
ome Improvement at Pas sale.
PASSAIC. N. J.. Oct. 12. The flood condi
tions In this city and vicinity were con
siderably Improved today. The high water
mark at the Dundee dam. which waa 81
inches at midnight, has fallen two feet to
day. All danger of a break at the dam la
now thought to be past Walllrurton Is still
under water and several hundred persona
are still taking refuge in the public ocheols.
Four or five hundred residents ot Walling
ton. are being sheltered in tba town hail
and school buildings at Passaic.
The total loss from the flood -trr thtip 'city
la estimated at about 32,600,000, without any
insurance. This does not lnolado the to.
to workmen who are thrown out of employ
ment temporarily or the loss sustained by
manufacturers by the interruption to busi
ness. Nearly every mill is ch-pSed.
At Duttonvllle fifty or more bouses were
washed from their foundations and many
overturned and wrecked.
The Erie railroad bridge la now out of
danger, but a big washout at Clifton blocks
all traffic. The railroad company is rig
ging up a temporary trestle, however, and
traffic may possibly be resumed by to
nipht. storm Rases In Northeast.
BOSTON, Oct. 12. The heavy northeast
wind snd rainstorm which has prevailed
along the New England coast since Friday
showed little abatement early today.
Reports from all sections on tho coast
show heavy seas, with some damage to
water front properly and small shipping.
The ample warning given of tho ap
proach of the disturbance. It la hoped, will
prevent heavy damage at sea,
NEW YORK, Oct, 12. -Owing to the In
terruption of railroad traffic by tho floods,
this city is suffering from a serious milk
famine.
Conservslive estimates sre that but one
tenth the normal supply is being dis
tributed, and several days must elapse be
fore the conditions are again normal.
The dairy men are discriminating In favor
of families where there are babies.
Loss of Vessels lacreaaes.
NORFOLK. Vs.. Oct. 12 Two schooners
and one barge in addition to those reported
Sunday hae ten lost off the Virginia-Carolina
coast and irlve men are known to have
been drowned. Three large schooners are
missing When the first news In almost a
week was retived from the North Carolina
roast It was learned that the three-masted
schooner J. B. Hohien, lumlier laden, from
Norfolk, is a total loss near Wash Wood's
life-saving station, and the -ee-masted
schooner Mabel "Rose taiundea to pieces on
I the shoal tiff Paul Oamuel's Hill, twenty
j miles south of Currituck. Both crews were
caved.
SUFFERN, N. Y.. Oct. 12-The Tuxwdo
dam. above the town of Ramspo, broke
torluy and the water hurst through and
tumbled down upon the village, carrying
everything: lieTore It. Houses, bariis,
fences and livestock win- swept down tis
current. Only timely warning prevented
a tremendous loss of life.
SUSPECT TWO OTHER MURDERS
Three Wles of loss Man l ule
lader Mont Kaaateleas flr
camataaces, NEW YORK. Oct. 12 Prosecutor Noble
of Eldora. Is., has been in Brooklyn in
vestigating the death of the first snd sec
cud wives of Ebeneser S. p.lyoVnburg. who
has been arrested in Eldora charged with
the murder of his third wife by arsenlcr.l
poisoning.
The death of I'-lydenburg first wife.
Emily Hawkins, uccuned st Stonybrook.
L. I., five years sgn. Blydenburg'a second
wife was I .aura God bo Id. aged 11 at lier
marriage. She was the daughter nf J. G.
Godbold, s wealthy retired merchant of
Brooklyn, rihe died February 14. 1X4), and
K.UU0 insurant on her life is said to ha
been paid to Filydrnburg.
Mr. God bold, her father, said that his
daughter's body was embalmed very soon
after d atb and that the cause of her death
was not placed in the doctor's certificate
until after the funeral. The doctor ha
since died.
"1 have every reason to believe tliat my '
daughter's death was caused by poison
end investigation ought to determine by
whom It was administered." said Mr. Qod
bold. In Brooklyn. Rlyderjb.irg was a member
of tbe Epwerth Methodist chunk but was
dUaiuiaeed from It.