Omaha Bee ESTABLISHED JUNE 19, 1871. OMAHA, WEDNESDAY MOKNING, OCTOBER 21, 1903 TEN TAGES. SINGLE COPY THREE CENTS. The Daily DO NOT SIGN REPORT Cana3iaa Gommitrioneri EefoM to Attach Signature to Award oa Bcrnouary. IAyV EY WILL FORMALLY WITHDRAW Vu . 'othinj Turin to Do with tha , rixig of Lis. HAKE SI T OF THEIR POSITION ' ' x Claim That D. g "Board aa Aaoonnotd it . aaVa, . BRITISH CUSTOM HOUSE MUST CLOSE stave MaJetataed Plaee tee Taking Tall aa Oeed ruiUi K lew dike, Vat Ooeda Will Saw Pass Free. LONDON', Oct. .!; p. m.-Tha en Irroeaed copy of tha Alaskan award waa Signed at 1:10 p. ra. Tha Canadians de clined t sign the award aa previously cabled to tha Associated Presa In consequence of tha attitude maintained bv the Canadian commissioners Lord Chief Justice Alverston decided this morning lot ta hold tha proposed public meeting of tha Alaskan Boundary commission, bat ta hand its decision U Messrs. Foster and Blftoe. respectively aenta of th American and Canadian govsrnment. Tba Canadian commissioners not only de clined to Kirn tha award, but said they would publicly withdraw from the com mission. The)', aa well aa tha Canadians connected with tha case, are very bitter. Telegrams from Premier Laurier and other prominent peraona In Canada ahow that thla sentiment la shared generally through out the Dominion. Meaara. Aylesworth and Jetta will submit their contrary opinlona to tha tribunal, eo as to go officially on record, and while they declined to algn tha award they algnad tha tnsps agreed oa by tba majority. Caaadlaa Mstl Statement. Tha Canadian commissioners made a Statement regarding tha award aa foUowa: The decision of the Alaskan Boundary tribunal tuts been given, and, in view of Its character, the peoi..e of Canada, are. In our Judgment, entitled to such explanation from us aa mill enable them to comprehend fully the manner in which their interests hav been dealt with. Wo take up tha jxilnts of the decision in the order in which they are presented by the treaty under Which the tribunal waa constituted: First. Tha Portland tanal there are two channels parallel with each other, with four Islands between them. Tha Canadian contention waa that the northern channel Should be adopted. The United States con tended for the southern channel. On tha result of tha decision depended the posses Hon of the fuur islands. Kennehunut tutklan. Wales and Pearse. When the tribunal met after tlx era-ument and con idered thla queatlon. the view of tha three juitian commissioners waa that tha Cana dian contention waa absolutely unanswer- A memorandum waa prepared and read to the commissioners, embodying our news and showing It to be beyond dispute that tha Canadian contention In thla branch of tha case should ureyafl, and that tha boun- .. cary shoul a run ta nm nannweru 01 vnw four lutacdt named. Uius gtvtasT them to Lanada. , Say; Member rbaags Mlkds. ' Notwithstanding theaa facta, the menv ara of tba tribunal, other than ourselves. dm now aimed aa award giving two of tha islands, Kannaghunut and Sitklan. to tha United States. These two Islands are the outermost of the four. They com mand the entrance of the Portland channel and the ocean has a passage to Fort Slmp nn Thla whnllv destroy the strategic value to Canada of the Wales and Fearee lalnnitl. There la In our opinion, no proems of rea anuing whereby Ue line thus decided upon by the tribunal can do jusuneo. 11 w i yievcr suggested by counsel In the course of J argument that aucb a line waa possible. Either the tour Islands belong to Canada or I teiong to the United States. In the award Iord Alverstone agrees with tha United . Btatea oom mission era that the islanda Should be divided. giving the two which pos sjeaa stragetie value to the United States. Second. The I.tne Northward from Port land Channel Substantially the Canadian contention regarding this Una waa that there are mountains rallel with the coast, within the meaning of tha treaty of Ut-I.. and that tha tope of auch mountains should bo declared the boundary, tbo mountains' nearest the sea being taken. The United Btatea contention was that there are no mountains parallel with the coast, within the meaning of the treaty, and that tha boundary must, therefore, ba fixed under tha provisions of tha original treaty relating to ten leagues to be run N a distance of 1hlrty-fle mile, from the J shore, including In the term "shore tba gvrmm v . t n". 1 . ...... . .... Th tribunal flnda Hint the Canadian con- tan t Ion Is correct aa ta the exist enoo of the mountains within the terme of the treaty; but the fruits of victory have been taken from Canada by fixing as a mountain Una a row of mountain ao far from the coast as to give the United Btatea substantially sssarly all the territory in dispute. Btate Deaartaseat Geta Sews. WASHINGTON, Oct. JO. Secretary Hay today received a cablegram from John W. Footer cf the American coMnael before the American boundary commission, giving de tail of the award of that oommlaalon. The cablegram shows that tha content Ions of tha United Btatea bars been granted in al most every caaa It also stated that tha Canadian commlssloneis refused to sign the award. Secretary Hay will lay the cable gram before the cabinet at today' meet ing. Mr. Foster did not undertake to supply the secretary with the text of the agree ment reached by the commission, but fur bished a sufficient outline of Ita provisions, telling what bad been decided upon under each head of the artlclea of submission. This outline la quita sufficient to enable the State department officials to form an accurate concluaioa aa to the nature of the co turn Lasiun'a decision, and they make no concealment of the satisfaction with which tbey look upua It. The diversions from tae Americaa claim, aa set out in .tha Hay Pauncefot modus Vivendi, are even more favorable to tha American caaa than the limitations sot out in that document, t ailaeet and W kite Pass. t One of the most important acquisitions is tha eutiflrnuuos of tha Americaa title ta tha While Paaa and ChUkoot Paaa, tbe only practical paaa available to tha country from tha bead of the iuiand waterway, in the former of which s Lands th Canadian customs house, which must now give way to Amarloiui control. Tbo northern boundary stands exactly as It waa claimed by the Americana thirty year age and as act ont la tha modua Oa the wsatarn aide there la a slight dlver- ' aioa of lii a boundary lino to the east aa made by the commissioner aa compared with the modua ao aa to make the southern terminus t Cape Fairweather. This In volve. It Is briieved, a was of a few mlloa of the territory from lb extreme American claim, but it I aald that thla Wad , Is worthless for mining purpoeea and on the other band the American prospector bav bow continued beyotrd qurstiua their right , to exploit and locate claima upua the aup U'awliy rich gold fields at the KlehuJ river. The atbtude of tha Canadian romiule- , ' alonera In refusing to alga the e.-maateaioa report Is eoaxufly a Blatter of aurprUs to jLCubUuue4 OA aavocid Pa4rk RUSSIANS ARE VERY INDIGNANT OaTeaded Becaaee talted State Cwst cladee Treaty for Ofealsg Port. KKW TORJC Oct. X.-The Russian ar very Indignant with the United Btate government for concluding a treaty for opening Mukden to the commerce of the world, cble the Chee Foo correspondent of the Herald They aay. he aeeerte. that th St. Petrrtirg government will protest and maintain that th opening of tkla new treaty port will never take placa The Port Arthur Russian newspaper. Novo Krai, has published a strongly worded article on thla subject. It declare that the treaty I proof of the aggressive nature of th policy of th United Btatea Thla policy, the paper declares, tntringe the right of Russia founded on Ita con struction of th Manchtirian railway aad th concession by -China to Russia of the sole commercial exploitation of Manchuria The Rusalan fleet ha returned from Dalny. The garrison there and 30.000 Chinese laborer ar building barrack for over lft.OOO men. The defennea to th north of Tallen Wan ar being strengthened. Admiral Alexieff, vleeroy of the far east, seems Indisposed, cables the Herald's Port Arthur correspondent, to discuss the opening of Mukden as the treaty port. "Oh, w shall settle this question all light," he said, "maintaining our old friendship with America. International commerce must go on. Regarding the alleged construction of forts at Yongampho, In Corca, he phatically denied It. Thee atorlea are all fabricated," h aid. "to cause a aenaatlon. There la no fort, not a alngl officer, not a single aoldier and not a single cannon at Yongampho. Regarding Manchuria he aald trouble with the brigands Is constantly occurring out side tbe railway cone, and In Manchuria between Harbin and Vladivostok and it robber-ridden country. He aald he often received petition from th Chinese begging him to retain troop and he would receive mors petition were not th people terrorised. NEVER EXPRESSES OPINION Kins; Edward 8eade Cart Reply to mm laqalry Reeardiaaj Hta Views a Preo Trade. LONDON, Oct. 20. An attempt to draw aa expression of opinion from King Eld ward on tha fiscal controversy by a letter asking for' the truth of a statement pub usbed to the effect that the king was a free trader and had said that ho would re gard with great dislike any proposal for taxing food, ba elicited a curt reply from Buckingham Palace. Th reply reads: The private secretary la commended to aay that tbo king never expresses any opinion on political matter except on the advice of hi responsible minister and therefor tbo statement must bo Inac curate." Tbo Duke of Devonshire, until recently lord president of th council. In a letter while acknowledging that tbo fiscal que tloa may require 'a reaDnsideration of th liberal unionist attitude toward the gov emment, advises the liberal unionist at present to remain loyal to tbo govern newt, spedaliy aa proceedings against boxoo rule proposals ar still neoeaaarr, DECIDES AGAINST VENEZUELA lasplr Bold That Tax Pal t Do tmmtm Osnrsaest Cornaat Bo Collected m aecead Ttaac. PORT OF SPAIN, Island of Trinidad Oct. lO.-rJack-cn H. H. Ralston of Wash lngton. the umpire of th Italian commis sion at Caracas, ha decided against Vene- xuela In the claim for the payment of the double local taxes, which decision applies la principle to tbo attempts now being made by the Vonexuelan government to col. lect a second tax on goods Imported at CI u dad Bolivar, under th recent revolt. tlonary government at that point. The umpire hold that taxpayer were pro tected by tbo payment to, th defacto offl cera" When tha decision of Mr. Ralston known In Venesuela It will create a vivid Impression, aa Preedent Castro Is now caus ing tbo prosecution at Cludad Bolivar, of foreign merchant who are refusing to pay to the Castro government duties which they had previously paid to th lata revo lutionary government. FRENCH 'PARLIAMENT MEETS Goverasseat's Policy la Regard to He- llsrleea Estakliekxeeata ta S Dlaeaaaeel TBBrrw, PARIS, Oct KL Both branches of Par liament reassembled today. The absence of Important Issues minimised the interest In th event, but th galleries were filled with people desirous ef witnessing the opening scene. Premier Combes, Foreign Minister Delcaaa, War Minister Andre and other occupied th ministerial bench in the chamber of deputies. M. Ribot, leader of the opposition, was warmly greeted on hla return to th chamber after a lor.g Illness. M. Combes accepted a proposition for the consideration on Thursday of an In terpellation Involving the policy of th gov ernment toward religious establlshmenta Various other Interpellations on ths Hum bert case and the Dreyfus affair will cum up later. The presentation of th budget I set for Monday next. M. Bourgeois pre. sided In tbe chamber of deputlea Mxty Bat t alias. Are Called Oat. 8ALONICA. Macedonia. Oct. 10 Thirty seven battalion of recruits hav been called out In th vilayet of Salonica, Monaatir and Koaaovo. Another twenty-three bat talions hav been called out In AnaioUa under order for transportation to Salonica. Two battalion totalling L7&0 men arrived bar yesterday from Smyrna. Tree Bill Agaiast Wright. LONDON. Oct . The grand Jury, which baa been considering th charge against Whitakar Wright th company promoter, brought la a true bin sgainat him today. . Torpedo steals Step for Coal. CALAIS, Oct Fuur Russian torpedo boats bound for Port Arthur put la to Brest last Bight for coal- CHARGED WITH BIG THEFT eaw-s-e ' Beotea Maa la Aeeaeed ef Hevlas" telea Tweat y Tkeeaaad Dellara. BOSTON. Oct 86 An alleged theft of rJ0(a froea the Boston National Union last November was revealed today whea Elmer E. Laovttt of this city, was ar raigned la court charged whs th deed, Iavet pleaded not guilty and waa held I lot a kearini JSevamtwr 1 la tall ef ,04 CALL FOR EXTRA SESSION Presideat Itrae Sammtrni for Both Cham bers to Xaet. N0YEKBER NINE IS THE DATE SET Necessity of Art lea mm tbo Cakaua Treaty la Gives as tko H ease a -Teat at tko Fro-cla-xaatloav. WASHINGTON, Oct- 10. The president today in sued thl proclamation: By the President of th United Btate of America, a Proclamation: Whereas. Bv the resolution Of Ull senate of March 1, UK, the approval by oongresa ef the reciprocal commercial convention between tne United blaiea ana uw rw a I'uh. , .t 1 7 a i u n a nn I le- cember 11. lfrii, la necessary before the said convention shall take enect; ana Whereas, it ia important to the public in theaa 1'mtiul HuiM thst the sala con vention shall become operative, ss nearly as msy ba Now, therefore, L Theodore Kooeevelt, president of the United dates of America, by virtue of the power vested in ma bv th constitution, do hereby pro claim and declare that an extraordinary oc- CHSion requires the conveuing or Dotn houses of the congress of the I nlted States st their respective cnamoers in me my of Washlnaton. on the ninth day of No- ember next at IX o ciocx noon, 10 ins end that thev mav consider and determine whether th approval of the congress ahail be riven to the said convention. All person .en titled to art as member of the Fifty-eighth congreea are required to take notice of this nrocU.mu.tlon. (liven under m v Land and the seal or the Unlte.1 States at Waahlngton the- 20th dsy of October, In the year of our Lord, one thousand nine hundred and three, and of the Independence of the United States the one hundred ana iwentv-eigrtn. Seal.l THEODORE ROOSEVELT. By the president. JUri."N MAI, secretary or niaie. The president ha commuted, to expire Immediately, the sentences of Marion Mar shall, Cyrus Rains and Burton Harper, coal minor, who were convicted In West Vir ginia of resisting a United Btate deputy marshal. They were sentenced on Juno 11. 19(8. Marshall and Haiper to Imprisonment for eight month and Ralna to Imprisonment for five months In the Raleigh county Jail. WESTERN MATTERS AT CAPITAL Kasaker of Hew RaroJ Preo Delivery Rostes Etetakllske la Iowa. fFrom a Staff Correspondent.) WASHINGTON, Oct. St. (Special Tele gram.) These Iowa rural route will be establlahed November 16: Dlston, Ring gold county, one route; area covered, twenty-one square miles; population, 55. Linden, Dallas county, one additional; area, sixteen square miles; population, 450. New Virginia, Warren county, two ad dltional routes; area, twenty-eight square miles; population, J6S. Ogden, Boon county, two additional; area, eighty-two square miles; population, 1,060. Bewal. Wayne county, on routs; area, nineteen square miles; population, E10. STEAMER WRECKED ON ROCKS reauKeeat Poaeeaaere aua Tweaty-Tw f Ike Crew Tkeaakf ta Bar Lest. BAN FRANCISCO, Oct. AO. The -Matin xchange reports that the steamer South Portland, from Astoria for San Francisco, has been wrecked at Bandon, on the Oregon coast. Tnlrty-on of It passenger and crew ar mlsatna". The captain and six others succeeded la reaching shore. South Porland was an Irregular steamer 185 feet In length, and was formerly known as Caroline Nuller. It was owned by W. A. Scammell of 8an Franciaco and sailed for Astoria October 18, with a few passenger and a cargo of grain. Bandon, th point where It went ashore last night. Is a remote place on the south, western Oregon coast. A telegram Just received say that South Portland struck on Dandon reef on th Oregon coast at ( p. m. yesterday dur ing a dense fog. The captain, one sailor, the cook and four passenger reached shore and are now at Port Oxford. It Is thought that the other on board, oomprlalrig four teen passengers and twenty-two of the crew, have been lost PORTLAND, Ora. Oct . Following is a list of passengers on South Portland: Cabin W. H. Weber, J. Watson, B. Baker, J. a Lakey, Mrs. W. E Tyrrell. Steerage A L, Bailey, D, McKay, F. Morlnge, Paul Relnmuth, J. C. Wright. Officers Captain J. B. Mclntyre, First Officer Bruce, Second Officer Raven. The crew numbered twenty. CONTRACTOR STERN ON TRIAL PrellBalnarr Hearing- Before Saarexae Ceart tor Faralsklag- Satchels WUkent Straxta WASHINGTON, Oct J8.-Leopol4 J. Stern, ths Baltimore contractor arrested In Toronto under two warrants charging fals pretense ia the supply to the gov ernment of satchels for rural free delivery carriers, was given a preliminary heartrsr in ths supreme court today. Stars pleaded not guilty. Postofflco Inspector Waiter B. Mayes, who worked up the case againat Stern, was called to the witness stand. but before his examination was concluded court adjourned for the day. The will bo continued tomorrow. Assistant District Attorney Taggart re viewed tbe charges against Btern, wko, he said, submitted a bill and received money for satchel strsps which ho never furnished. Tbo bill on Its face," said Mr. Taggart "was a lie. There were L&S7 satchels supplied, but they did not have the straps stipulated In th contract On cross examination of Inspector Mayes the defense brought out the ad mission that Btern bad claimed that he secured th pei-mission of two postal of ficials to furnish the satchels without trapa TWELVE MINERS GO FORWARD Twraty-Elskt However, Are Held Philadelphia fader Ceatraet laker Law. PHILADELPHIA, Oct Twelve of ths forty miners who arrived her on Sunday weto today permitted to proceed to their destination. Immigration commissioner Rodger has. however, detained twenty sight other pending further investigation. Evidence has been secured which leads tha commissioner to believe the miners a brought her in violation of tha contract labor law. Attorney General Knox baa bevn aaked to institute proceeding against J. W. Ells worth A Col. coin owners at Ellsworth. Ia., who. It Is charged, havs brought soany aoiaera her uaaer cue tract trum .Waloa, ... PARKER BOY GETS BIG ESTATE Dave. pert Ceart . Sastatn Clalsa mt One of Cbtldreaj aad Reject tko Other Osa J , DAVENPORT. Ia. Oct. . (Special Tele gram.) A half Intere-t In a ti. 000,000 truat fund I the present made to Francis Tad mlr Parker, th 14-year-old natural on of W. Fred Parker, the exjoentrie artirt, who died a year ago at Florence, Neb., by the decision of Judar Wolfe banded down to day, which ends on of the most interesting litigation ever fought out In the Daven port courts. J. Monroe Parker, a former wealthy resident of Davenport, had cre ated th n.WXl.OOO treat fund, the Income of which waa to be paid to hi children or "then lawful issue," and the principal divided among th grandchildren when all th three original children were dead. Shortly after W. Fred Parker died at his country home at Florence, Neb., appeared Pauline Frainsenet, (Sis housekeeper, a daughter of Bunny France, who had pre sided over the HernJtas;e, aa Parker's borne was known, for fifteen years. Parker before he died had pul-Moly recognised her children aa hi own slid hi wealth was claimed for the children. The trial here lasted a week and arrayed a large number of leading attorneys f Iowa and Ne braska. By the decleUn ef Judge Wolfe the attempt to prove a common law mar riage failed, but he held that the older boy waa his father's lawful heir, . under the law of Nebraska, and orders one-half the Income of the estate bo paid to him. Alex ander Tulsie Fraiseenet, a young brother of Francis Tadmlr, lr Ignored in the decis. Ion, his father not hnving recognized him In arrlting. As there Is only on other grandchild, the daughter of Mrs. Josephine Talbot Parker Brtabtn ef Omaha, the Frais- senet boy would Inherit tha whole trunt fund should Miss Btinbln die before her mother. Judge Wolfe' decision wai baaed on th following provision ef the Nebraska laws Every illerlrlmate child shall l mnM. ered aa an heir of tbe Hereon who shall In writing signed In the presence of a com petent witness have acknowledged himself to be the father of such child and shall In herit his estate in the same manner aa If n du oeen oom in lawiui wedlock. BISHOPS VOTE DOWN SECRECY Declare Tbey Will Ket H erase to Talk A beat What Truaplre Dariaa; Their Coaveatloa. WASHINGTON, Oct JD.-The All-Ameri can conference of Protestant Episcopal bishops opened here today with services at the pro-cathedral. The sermon w preached by Right Rev. Cromwell Doane, bishop of Albany and was a plea for th prosecution of missionary work on broader lines. Bishop Tuttle, of the djoceae of Missouri. 1 after welcoming the bishops to the con- i ferenoa, aaked to be excused from presid ing, becairaa of lm per lect hearing. The Right Rev. Thomas Undtrwood Dedley waa elected president of tbej conference. Right Rev. W. Lenox Mills, bishop of Kingston, elected secretary. 1 Right Rev. Henry Yates Satterlee. bishop of Washing-ton. recerres the bishops at the see bouse tonight I ? At the close of the arrynowa session this statement - waa girea. $o -the Associaied Press by Rev, A. V. A. Hall, bishop of Vermont and Right Rev..' Joseph Blount Cheshire, bishop of North Carolina, after tt had been approved by th confrtence: ' "The meeting of bishop, holding office in the United States, in Canada and in tbo West Indies, Is for the purpose of con ferring between the bishops sffectlng the work of the church in the western hemi sphere. Tbe conference Is not for the pur pose of leglslstion. The meeting is private and only such matters will be given for publication as the conference may author ise. This afternoon the subject for con sideration waa th relation of tha several branches of the anglican church in America to one another. Suggestion were made as to tha transfer ef clergymen from one na tional church to another, with a view to better maintenance of discipline and pro tection from unworthy ministers." A lively anscussion occurred at tbe after noon session at to whether the proceed ings should be considered confidential. Bishop Hall of Vermont made a motion to thl effect Bishop Henry C Potter of New York declared that he would not be bound by any rule of secrecy. Right Rev. Thomas F. Oaylor, bishop of Tennessee, was la favor of th motion, which was de feated. GEORGE GOULD IS A DIRECTOR stle eras ateekhelder Make mmt Oao Chaaa-e aa the Boara-la. prevenaeats Darts; Paat Year. DENVER, Oct. . The annual meeting of th stockholders of tba Denver A Rio Grande Railroad company was held todsy 1 ner was represented In person or by proxy lb per cent of ths total capital stock of; the company. All th director were re-elected with th exception of Charles Q. day nor of St Louis, who retires from th board In conaequence of Impaired health and Is succeeded by Edwin Gould. The gross earning of th rear were 117.- sotes, and the net earning were S6.C74.7m. It was a matter of much congratulation that there had been no unpaid voucher at th close of th fiscal year and no float ing Indebtedness. During th year there were spent for Improvements and better ments of roadway and structures th sum of HJS.K1, and for additional motive power and rolling stock tl.7ta.uu0, including 1.S0 new freight cars and forty-two new freight engine. The North Fork branch, forty. three mile long, running from Delta t tbe coal mine at Somerset, ta western Colo rado, was completed; and also th twenty miles of the Castle Valley cutoff, extending northeast from Saftna, Utah. Th branch from Alamosa to Creed e, Colo., a distance of seventy miles, was changed from narrow gauge to standard gauge throughout While the' system enter upon the new fiscal year better prepared than In the past to handle the larg traffic offered to It, It It believed that still further purchases of freight and passenger car and locomotive will be Imperative before another twelve months expire. Tbe strike of miner at Cripple Creek and Telluride has not mate rially affected th earning of th system. At th Rio Grande Southern annual meet lng th nam of Edwin Gould was substi tuted for that of 8. M. Wood, as director. No other Chang la the directorate was mad. BBBerteteadeat ef Mtalaa; Eaklkit. UNIVERSITY OF CALIFORNIA. Oct tO. Prof. Samuel B. Christ jr. dean of tbo University of California eolleg of mining, the largest department of its kind in the United s taxes, has keen appointed superin tendent of aa exhibit representing the work of the mining; departments ef all the land araiil eoiiegm aad univeruitiea, which will be displayed at the St. Louie Kkpoa! Una. Prof iJ wood Meed, bead of the dVx,rtmnnt of Irrigation la tae University of Cailforoi. will have cliarg of a ataniUr daparuneiit Il lustrating trriaateo ptacUca lit th Vallcd CITY COUNCIL PROCEEDINGS Or din ano Grading Great Wertara Uaa ef 8treoU ia ?aawd. SOME AMENDMENTS MADE TO ORIGINAL Miner Chaaaes la Denarit Acted I pee Before Passage aad Mayer Sis as Measare Wltkeet Aay Delay. The ordinance vacating pasts of four street and making other concessions for the Great Western terminal was passed by the council last night and signed by th mayor. Th original document was amended to some extent, but did not encounter a single negative vote. A big crowd of property owner who claim their homes will be ruined by the new railway viewed the proceedings la silence. For two week they had peopled tbo council room at every opportunity and fought the ordinance as best they could. Th amendments provide that no street b closed south of Mason; that ths grant be not "excluwv" and striking out the section chan (ring the grade on Sixteenth street Parts of Sixteenth, Seventeenth. Eighteenth and Nineteenth streets between Mason and Leavenworth si reels are va cated, closing the thoroughfare to traffic from the Great Western tracks to the Union Pacific tracks, from one to several block to th south. A subway will be built for Pierce street and a viaduct for the crossing under Mason. A district court injunction Issued by Judge Baxter prevented the council from granting permission to Hayden Bros. to construct a subway In the alley be tween Dedge and Douglas streets t con nect their present store with an annex to be erected facing on Douglas, Just be hind the Boston store. J. L. Brandeia Sons, proprietors of the Boston store, se cured the order, which Is returnable for hearing on October M. Not only the coun cil but the mayor, city engineer and Hay den Bros, individually were enjoined tern porarlly from taking any step toward making the underground way. The council declined to sustain the veto of Mayor Moo res to the resolution that awarded the task of revising and com piling th dry ordinances to B. F. Thomas for 11.500. Grounds for the veto as given were that the compilation Mr. Thomas pro posed to make will be worthies, a the city law must be thoroughly revised, trimmed and corrected. Mr. Thomas told the council this is Just what he proposed to do. Another rate from his honor declining to sign a resolution authorising the pub lication of the registration boundaries In three daily papers because he considered the use of more than two papers a wast of money was sustained. Hew Steaaaer Ordered Tbe Advisory board recommended the purchase of a new fir engine from tbe American Fir Engine company for tt.iOv. 100 days notice being necessary ' before delivery of the engine. No bids were' ad vertised for In this purchase and 'the com. mttntcatioa was referred to the oommlttea oa fir and water police. Th .engine which the mayor and fire chief wish to buy Is known as the 'metropolitan," the next to the largest steamer made and 1 for th new engine house at Eleventh and Jackson streets, ' Mayor Chaplin of Hastings. Ia, does not like the idea of having Omaha's old small pox hospital brought to his town and used for a printing house, and Intimated as much In s letter sent to Health Commissioner , Ralph yesterday. Edgar Brown, a Hast ings newspaper man, proposed to buy the old election booths that compose th hospi tal for 1125, but tha sal wa declared off by the council laat night because Dr. Ralph aald h thought It bad from a health point of view to allow th structure to be moved from their present site in th center of a fifteen-acre lot For Sidewalk Repairs. By a resolution offered by Councilman Back, Jd.OOO will b taken from the general fund for bridge and street repairs and cross-walka. This work was suspended a week ago for lack of funds. An electric lamp wa ordered at Twenty- seventh and Pratt street and gas lamp on Twenty-eighth between Plnkney and Bristol and at Twenty-seventh and Da- pont - Orders were given to permit th Omaha Electric Light and Power company to change Its service connections from over head to underground la th downtown dis trict This mean th early use of the con duit system. An ordinance was given Its first and sec ond reading that will tank the interruption or delay of funeral prooessions by driving through them punishable by a fin of S or tea days In Jail. , City Fnada. Comptroller Lobeck submitted the follow ing statement showing the condition of funds on October 20: Wsrrants Fund. Receipts. Drawn. Balance. General t KQ.37s.s7 Jliei.617 .8 f '.!. m Sinking ac.fc6. 67 4.711. S4 i.2 I7.4 ll.7us.tis 1U3.3M.34 M.&77.W .... Waur rent.. Judgment .. Library Vie,. .6T e 8.210. 11 16.31:.! l3. a4. as tf7.7S.01 Lis 3 1.C7 l.tuH.W Police K7,7S.Ol M.677.00 1,101.01 Sewer main-i.inina- .... 7.370."3 S.85S 62 I BIS M Park 41 12. b II S. lit 20 Lighting .... 64.4e. 2.7S.)3 L7S4.S2 Health 0.072.U a.VuJ.K S.lk.7 Cleaning and sweeping .. r,,r. ff-utt'a- 16.606.64 16.161 76 1.152.71 paving .. X.30 OS 11.764 61 4.865 17 PavuTg bond 41.11 7 2.K 97 SUSl." Omaha seWr 41M7.M ' 4.220.0s 46.7:3 . Road ' 16.1)11. SO 6,1, 7. Ml M k't place.. "Jlt.im 0.14 log ..T. 1.144.00 1.246.44 KS.3C Totals ...H.lO,Jl.6 tW2.4eJ.Jl 112.73.4C Ge-verai fund balance ti.Ml kt Amount set aside 4.6tl . Amount available t SOU. 20 Graft la Ckleag la Be laves! lavated. CHICAGO, Oct 10. An appropriation of 6,tM was voted by ths council last evening to pay the expense of uncovering rascality around th city hall. Thla action was taken when Alderman Henimaa told the council that hi committee Investigating 'graft would be able to accomplish great things If it only had some money to work with. Ha said tbe committee wanted to look Into grave abuses In administrative method a well as specific charge of mis conduct. Th appropriation was voted promptly. Willis Wm4 Cet Divorce. SIOUX FALLS, 8. D.. Oct J -Notwithstanding . that every effort has beea mad keep the matter secret It has been ascer tained that Colonel Will la Wood, owner of the opera bouse hearing his asms at Kaaaas City, has been divorced by Judge Bennett of the Third circuit, th plain tiff allegtnc abaadoneaent and cruelty, lis has mad his becao la Bout Dakota about gear. CONDITION OF THE WEATHER Forecsnt for Nebraska Fair Wednesdsy and Thursday, Teas per tore at Ossafca Testerdayt Hear. Dec Hear. Dea. a. sa &4 1 p. sa Tl a. sa 4H a p. sa 7 T a. as ( S a. m T4 a. sa 4 4 p. as T! au as tut B p. ss Tl 10 a. an BT p. SB 70 11 a. sa 411 7 st. sa 11 a n p. as K m. tm a MORE FIREWORKS FOR BOARD Sesae Exrltlas; Periods Looked For at Cassias; Meeting ef t'oeaty CenBsslssioaers. Recent development seem to Indicate that the county commissioners will have a white elephant on their hands when It come to awarding the contract for th re pair work on the county road. The six-cla! session of the board last Saturday wit nessed soma pyrotechnic between County Surveyor Mqulst and Contractor E. D. Van Court and It la expected that th reg ular session of the commissioners next Saturday will be enlivened with a similar exhibition. Since the discharge of the gangs of men who wer at work on the city and county repair work, the contractors are now able to secure help at a much lower rate. They also are assisted in this respect because of the fact that winter is approaching and tbe laborer are willing to work at most any figure. Two weeks ago Contractor E. D. Van Court appeared before the commissioner and submitted the only bid for th repair ing of the west two and one-half mile of the county road along Mason street and the east two and one-half miles of the road along Center street Tht bid wa accepted and the commlsalonera voted to award the contract to Mr. Van Court When the commissioners - next met in special session to draw up the contract with Mr. Van Court and approve his bond they wer met by a delegation of contractor who pro tested In no unmistakable terms over the action, alleging that the work had never been advertised and that they had been given no opportunity to bid on th work. The commissioners then refused to draw up a contract with Mr. Van Court and have advertised for bid which will be opened at the next meeting of the commissioners Saturday. The plans and specifications have been formulated by County Engineer Edqulst ONCE FOUGHT 0LDGER0NIMO Freak A. Cook, Kew Hlk Schawl Cadet CesBsaaadaat, Has Record ef Active Service. Frank A. Cook, captain of commissary In th United States army and Just ap pointed commandant of th High school cadets, wa graduated from th military academy at West Point in 188&. The fol lowing year he served as second lieutenant a-lth the Fourth cavalry on the Mexican frontier In the campaign against Geronlroo. Lack ,of sctlve warfare then caused him to retire to civil life -and he wa an in structor In "rartoos" enste n schools until 1KB. . Two years of this time wer put lq as commandant of cadet and Instructor In ma. hematic at Berkely school at Provi dence, R. I. ' Later he performed the same servica at Bryant school at Roalyn, L. I under George B. Cortelyou, the present secretary of labor and commerce. At the ojtbreak of the Spanish-American was he became lieutenant rolonel of the First Rhode Island Volunteer infantry. serving eleven months and commanding the regiment In southern camps during half ef the time From 18fO) to 1901 Captain Cook was a major In the Twenty-sixth Infantry volunteers, commanding a battalion In the east at San Francisco snd In the Philippines. Later he was made a captain In the regular army and has served as such since 190L FIRST TRIP SINCE ACCIDENT B.. P. Taylor, Iowa Traveling; Maa, Jest Oat After laje tries Tress Cedar Rapids Fire. B. F. Taylor of Davenport la, traveling representative of th Tlpp Whip company of Racine, Wis., I a guest st the Murray, and is the hero of quits a thrilling experi ence ef which he still carries th marks. Mr. Taylor was In the Clifton hotel fire at Cedar Rapid last rprlng. Mr. Taylor when awakened by the fir and smoke discovered that every avenue of escape had been cut off except by th window. Opening this he climbed out and clung to th window sill, but his strength gave out before help could reach him and he fell two stories to the pavement Both of hla arm and a log wore broken by th fall and he was also Inter nally Injured and badly burned. He was taken to the hospital and It was a month or m'jr before be was able to be taken to hi home He has only recently recovered from hla Injuries, and thl 1 his first trip on tha road sine his misfortune. MAY SUE FOR HEAVY DAMAGES Iron Workers Tales Claims Plttskarg Aeeldeat Waa Caves 4 ky Kegllgeaee. PITTSBURG, Oct 10. As a result of a pedal meeting of the Structural Iron Workers union held lsst night damag suits aggregating (100.000 may be brought against the American Bridge company, charging negligence In the construction of the Wabash railroad bridge, where the disastrous accident occurred yesterday. Th officer of th union ar reticent on th subject but on of them said th union may take charge of all the case and bring suit Th men at the meeting alleged that the company had been raising daily eighty tons of Iron on the traveler at tbe bridge,' which the commissioner said should not carry mora than thirty tons. The union d I tided to stop all work In the city until Thursday and mad special arrangements for the funerals of tbe vic tims of yesterday's accident. t It wa decided that oa the casket ef each victim should b placed a floral piece repre senting a broken traveler. INDICT PARKS FOR PERJURY Walklaa; Delegate Is Ckargrd wltk weertaar Falsely Dories;' His Owa TrlaL NEW YORK. Oct. 20-A Dot her Indict ment was returned today agslust Sam Parks, tbe walking delegate. This Indict ment Is on the charg of perjury, U being alleged that Parks bad committed the crime during hla own trial when he swore that be did not see Joeepbus Plenty, th New Jersey contractor, pay over ISA) In rash, which It ta alleged Parks received for end leg a strike, ' BAMERS BEGIN TALK Tooutindi of Dalegateti ia Attend ado at Ban Fnncitco Ocnrention. COME FROM ALL PARTS OF COUNTRY BpeoUl Train Cirri m On Party of TiftMa Hnadrai LYMAN GAGE ON TRUST COMPANIES Seoretarj of Treaanrr'a Papor ia a fcktmr. of Tint Day. PROBLEM THAT BESETS THE RICH WJ.e aad Keeaessle Adsal.l.tratlea of Estates a Matter That Heeds Carets! aad t eearieatleae Haadllas;. RAN FRANCISCO. Oct .-Tha hotel sre rapidly filling up with delee-ates to the convention of the American Bankers' as sociation. Fully I.ttlO persons cam In on a special train, sent acroa th continent by leading railroads, and other thousands have reached California over the regular routes of travel. The delegate are agreed that the arrangements are moot complete and they are pleased with the welcome ox tended by San Francisco and California. The California bankers net at Stelnway hall. The trust companies In th morning at the California theater, and the savings banks In the afternoon at th lecture room of the Academy of Science building, but the bulk of tbe delegate ar Interested mainly In the general convention which as sembles at 10 o'clock tomorrow morning In the California theater. P. C. Kauffman, vice president of tbo Fidelity Trust company of Tacoma, read a paper on trust companies in th north' west. He reviewed tbe trust legislation ta Oregon. Wsshlngton and Idaho. Th trut movement In that section, he said, waa of too recent birth to have achieved a posi tion of Importance, and as yet did not differ materially from ordinary banking business, but the future development of the commercial opportunity on tbe Paclho roast promised a bright futura. Clark Williams of New Tork read a brief paprr on tha business of trust companies of Greater New Tork and th necessity for cash reserves. The deposits of th forty-nine trust companies aggregate 1741,- 060,000. Ia Tract Cesapaay Seetloa. The ttunt company section met In the California theater with E. A. Potter,' chairman of th executive) committee, pre siding In the absence of Chairman John E. Borne. There was a fair attendance of delegate. Th visitors wer welcomed to San Francisco by Frank J. Symms, repre senting the mercantile Interests of the city. The response waa made by Chairman Potter, who paid a tribute ta California hospitality, which waa equalled only, h aid, by th: unbounded resources of the' atate. ' The report of the section showed a "bal ance ef C5U in th treasury and a lotaf membership of SOI. An Interesting paper wis read by Phillip 8. Bakcock. an officer of the Colonial Trust company of New Tork. His subject was "Escrow, a Varied snd Fron table Feature of Trust Company Business." Mr. Bab cock reviewed th various forms of escrow, the occasions that usually call for their use, th nultitudinou details rrislng from their employment and the profits arising from commissions. Secretary Branch then read the paper on "Trust Companies as Trustees" written by Lyman J. Gsge, president of tha United Btate Trust company of New Tork, which was as follows: Gage oa Treat Cesapaairs. We are accustomed to think of th serious problems which beset tlie poor, and we sympathise or ought to sympathise with them. The ever present question of to morrow, the possible failure of employment, the com of living, the drawback of sick ness, the calamity of death these mar be briefly summarised as the leading problems of the very poor. These problems do press a painful nurden upon the larger mass of society. To secure Immunity from them, to find honorable avenues for escape, to secure financial independence. In short, to accumulate wealth. Is and forever tmwt be a natural aad laudible ambition. But no sooner does one pass over from th army of the poor to the relatively smaller com pany denominated th rich or well-to-do than he flnda that tha problems of life. If changed in their nature, are yet vexatious and troublesome. Having become possessed of a competence, he no longer fears the approach of bis landlord for rest unpro- I viJed, nor is he snxlous ooncernlng to morrow a Lma or mm i a uiv wuwrvwiuiei to clothe hla family. In this country we hav not well learned the lewon of content with reference to an acquired competence. Th American busi ness man seldom retires. He prefer to struKple on in the barnesa and to carry bis financial problems to the Inevitable end, not as a general rule from considerations of svarlce (for In no country ar th rich more generous or less avaricious), hut from the sheer Joy of achievement and the fasc. instlon which the conflict of business life hHS for him. In England they have learned better than we to Le content with a com petence, to relieve erne's self of the burden of wealth and to devote one' energies to other purposes than the mer Increase of th burden. , In America, an ever Increasing number are learning this lesson. Their greatest problem Is to find a suitable custodisn for their wealth, to whom Its cares and re vponslblllUes may be safely delegated, Ceatlageacles to Provide Aaralast. . If. however, th American man of wealth doe not wish to retire from feuatnea but with tus cliaracteriatio aad lnexhauailbl energy, preisra, for th mere pleasure of achievement, to continue to add to Lis ac cumulated means, he la yet confronted by the possibility of disability through dls- ettse or Infirmity of age and tbe certainty of death. Unless he is strangely uidiifer ent, he cannot be unmlndf j of the question as to tbe ultimate disposition of his In herited or acquired possessions. If blessed by th tie of blood with a family, either linen 1 or collateral, he finds that he haa tecome a kind of human providence to a ! d(-ndent group, fur the members of which, in varying oegrses or duty, it Is his pleasure le extend a protecting and helping haxid. He must recomts that hla children, who hav been educated in the school, cultivated by travel and rrflned in tasie through social custom and nan Iiers, hav in a sense claims upon him, snd that there are few greater hardships In Ufa than ttiose sudden rrveisais of fwtune where a child, reared la luxury, is sud denly called upon to face unaccustomed poverty. Sooner or later, the obligation must be diKcharged to make a w1m disposition of his fortune, and as nothing Is mors certain I lu.n that be cannot himself continue, and aa nothing is more certain than that the question, "Whom shall I constitute my executor or trustee? This problem which, to thoughtful snd conscientious men is a grav one. tbe truat company In Its leal capacity a adminis trator executor or guar dues or' trustee, la establlahed to sol v., Kujoving per petuity it Is not subject t iNe vitiahitudea of death. ContrulKa ky tlie limitations and provisions of '.is charter. It la kept by tbe strong iie.iJ of tits lew wlia the limits of conservative operations. Pre sumably managed by a competent koard of directors, the beneficiaries of the trust bsve the adva'itage of th collective wis dom of the experienced men, snd In flnan rial matters, "in a multitude of exper ienced counsellors there Is safety '" In spected by Independent oftV-ers of th "!, any wroiis-doiiig bv an officer of n truet torauaay cannot loag remain undiscovered. 1 'i a and ( ( ample capital, tha beiieftcUer