The Omaha Daily Bee.
CSTAfiLlHHED JUNE 19, 1871.
OMAHA, WEDNESDAY MORNING, DECEMBER 9, 1903 TWELVE TAGEB.
SINGLE COPY THREE CENTS.
GREAT THINKER CONE
Death Calli Hubert Spincer, English
8tndeut of 8oo'o!ogr and Author.
HIS ILLNESS KEPT FROM THE PUBLIC
At His & qnett Leait Posiibls Information
Wat Given Out.
LIFE-WORK COVERED A WIDE FIELD
Poblithid Eooki D'ealint; with llanj Phases
of Human Li e.
FAILED TO ATTAIN ULTIMATE OBJECT
Philosopher Forrti to Stop Psbllca
tlon I Reaults of neieirtk Be
cause ot Greet Coat of
Vndertaklag.
LONDON. Dec. g. Herbert Spencer the
famous author, died this morning at his
home In Brighton. . HI health had been
falling for come month-. The Illness took
a critical turn a lew days ago and he be
came unconscious last night, passing away
without pain.
By his own desire the least possible In.
formation was given out during Mr. Bpen
cer's Illness. He was born In 1320.
The newspapers all publish long appre
ciations and anecdotes of Mr. Spencer,
whom they universally describe as the "last
of the great thinkers of the Victorian age."
His Biography
Herbert Spencer was born at Derby In
lft:o. He was educated by Ills father.
teacher In Derby, Sind his uncle. Rev.
Thomas Spencer, a clergyman of the Estab
lished Church, who was active In various
hilanthioplc movements. At Ihe age of 17
became a civil engineer, but after about
eight years abandoned the profession, hav'
lug during that period contributed various
papers to the Civil Engineers' and- Archi
tects" Journal. His first productions in gen
eral literature were a aeries of letters on
"The Proper Sphere of Ooverjnment," pub
lished In the Nonconformist In 1S42, which
were reprinted In pamphlet form. From
1848 to 1853 he was engaged an sub-editor of
the Economist, and during that time pub
lished his first considerable work, "Social
Statics; or, the Conditions Essential to
Human Happiness Specified, and the First
of Them Developed," 1851, but this Is out
of print and has been suppressed. Various
articles, chiefly for the Westminster and
other quarterly reviews, were written dur
ing the next four years. In 1865 appeared
his "Principles of Psychology," which In
terpreted the phenomena of mind on the
general principle of evolution (this was
four years before the "Origin of Species'
appeared). A breakdown In ' health fol
lowed, which prevented work for eighteen
months! 1887, lft&B and 1859 were occupied In
writing various essays for the quarterly
reviews, etc.
The Work 'of Ilia Life.
In I860 Mr. Spencer Issued the program
f his "System of Synthetio Philosophy,"
"which proposed. Hi carry nut.ln its applica
tion to all orders of phehbrhena the general
. law of evolution set forth in two essays
published In 1(7. To the execution of this
project his subsequent life has been mainly
devoted. Ot the works composing the Sys
tem, the following have already been pub
lished: "First Principles," 1862 (7th, edit..
1889); "The Principles of Biology," S vol.,
1064 (4th edit., 1888); "The Principles of
Psychology," I vols.. 1872 (5th edit., 1890);
"The Principles of Sociology," vol. 1, 1878
(8d edit, 1886); "Ceremonial Institutions,"
187(1 (3d edit., 1888) "Political Institutions,"
1883 (2d edit, 18S5); "Ecclesiastical Institu
tions." 18R6 (2d edit, 1888); "The Data of
Ethics," 187S (6th edit, 1888). Mr. Spencer's
other works are: "Education: Intellectual,
Moral and Physical," 1861 (23d edit, 1890);
"Essays: Scientific, Political and Specula
tive," 2 vols., 1858-6. (4th edit, t vols., 1885);
"The Classification of the Sciences; to
which are added,. Reasons for Dissenting
from the Philosophy of M. Corate." 1864 (3d
edit. 1871); "The Study of Sociology," 1S73
(11th edit, 1885); 'The Man versus the
State." 1884 (8th thousand, 1886). Beyond
his own proper work Mr. Spencer has pub
lished eight parts of the "Descriptive So
ciology,' classified and arranged by himself.
d compiled by Prof. Duncan, Dr. Bchep-
pig and Mr. Colllor. This work was orig
inally undertaken simply for the purpose
of providing himself with materials for the
"Principles of Sociology," but was even
tually published for the use of others.
Part vlll, published In 1881, contained the
announcement that having during the pro-
ceding fourteen years' sunk between 3,000
end 4.000 In the undertaking, he could no
longer continue It.
When Ho Visited Aawrlea,
Mr. Spencer paid a visit to the United
tatea In 1882. On May 13, 1883, bs was
elected a correspondent ot the French
Academy of "Moral and Political Sciences,
for the section of philosophy, in the room
Of Emerson, but he declined that In com
mon with all academic honors. Mr. Spen
cer's works have been extensively trans
lated. All are rendered Into French, nearly
all Into German and Russian, many Into
Italian and Spanish, and the work on Ed'
ucatlon baa appeared also In Hungarian,
Bohemian. Polish, Dutch, Danish, Swedish,
Greek. Japanese and Chinese. Since ISM
Mr. Spencer has been an Invalid and has
published very little.
MILE SWIM IN CHICAGO RIVER
Captain Sidney Hlemaa Wins Five
Hnndred Dollars by Somewhat
Hereto Method.
CHICAGO. Dee. 8 --Clad In a rubber
swimming ault and armed with, a paddle
with which to ward off Ice cakes. Captain
Sidney Hlnman, an Australian, lowered
himself tutu the Chicago river Just below
the Rush street bridge and swam with ths
Icy current down to the Madison street
bridge, a distance of r early a mile,, winning
t&M from George W. Turn bull, a contractor,
who had bet him that ha would not dare
attempt the fuet.
Mr. Turnbull was at every bridge as bis
friend went by and had a, cab awaiting hlra
when ha emerged from the try swim at
Madison street, cheered by an admiring
crowd.
BALTIMORE GRAFTERS GUILTY
rptoa sss McGregor Cemvlrtod of
Getting; Money frona Clew-ra-ment
Ceatraeter.
BALTIMORE. Pec. -Cbttrmbus Ells
worth Upton and Thomas W. McGregor,
on trial la tho United States district court
re for conspiracy to rob the government
th connection with a contract fur leather
pooches, were adjudged, guilty late this aft
ernoon. eVaiaae was aunpacutaA ffwniUjig
a wsrtna bar asr utti.
KILLS THE FLIRTING DANSEUSE
Prominent French Katloanltst Con.
. nlta Mnrdrr and Suicide Bf
cause of J -a lousy.
BERLIN, Dec"
came known to
t dancer at tha
; uleln Frieda
iotel in Co
, .' Teealer, a
s "mce, who
"l. V '1st can--f
Dep-
day that the lea
Metropolitan tht
Boelke, was munk.
logne December 2 by
manufacturer of mach.
had several times been .
didate for member of the
uties.
They were engaged to b: " and
had dined together at the ho .jar
re led in a private sitting room .use the
woman had looked too frequently, as Tes
tier thought, at another man In the din
ing room. He first tried to chloroform the
dancer, but she was a strong woman and
pushed him off. Tessler then took a
hatchet, which he had concealed about him.
and struck the womanonce, Ineffectually,
and then stabbed her fatally three times
with a dagger. The hotel people heard
the struggle and rushed to the spot, where
upon Tesaler, with his back to tho door,
shot and killed himself.
Upon Tessier's body was found a variety
of weapons, several sorts of poison and
crosses and amulets from Lourdes.
Though the tragedy occurred December
2, through the Influence of Tester's (am
Uy the facts were not published until the
dancer was buried here yesterday.
CONGRESSMEN TO VISIT PARIS
French Bnron Hopei to Arrange
change of Tolls Across tho
Ocena.
Ei
FARfg, Dec. 8. The plan for a body of
American congressmen to visit Paris and
for a number of French parliamentarians
to visit Washington Is assuming a definite
aspect through the efforts of Baron de
Estrounelles de Constant. The latter said
to the correspondent of the Associated
Press:
"When I arranged for the exchange of
visits between British and French parlia
mentarians I had In mind a similar ex
change of Visits , between American and
French representatives. Since then I have
gone over the question with my colleagues
In the chamber and I have received letters
from Washington concerning the project.
The Idea of the visits Is generally .approved
and I hope to arrange the detnlls during
my approaching visit to the United States,
when I will present an Invitation In behalf
of several hundred members of the French
Chamber of Deputies."
E. Spencer Pratt and others of the Amer
ican colony here are actively Interested
the plan and It Is expected that committees
will be formed for carrying out the project.
SERVICE ATTRACTS AMERICANS
Forty-Fifth Anniversary of Founding
of American College Is Ob.
served In Rome.
ROME, Deo. 8. The pope today cele
brated mass In his private chapel, the oc
casion being the. Feast of the Immaculate
Conception. Only a few privileged per
sons were admitted.
In addition fo being the Feast of the
Immaculate Conception, this was also the
forty-ntth anniversary ot the foundation of
the American college, and Most Rev. Rob
ert Seton of New Tork, titular archbishop
of; Helloplls, celebrated pontifical mass
there for the first time. The music, which
was exceptionally fine, was under the di
rection of Joseph Kelly, of Philadelphia.
Besides the students a number of other
American assisted at - the functions, in
cluding Mrs. Dean and her two daughters
or Chicago.- The ceremony was followed
by a dinner, at which the rector was con
gratulated on the prosperity of the college.
BRYAN IN FRENCH CONGRESS
Visits tho Legislative Body to Stndy
Its Parliamentary
. Methods.
(
PARIS, Dec. S. William J. Bryan vlrlted
the Chamber of Deputies and Senate today,
comparing French parliamentary methods
with those of the United States congress.
He was accompanied to the Senate by flena
tor Clemenceau, who Introduced him. Mr,
Bryan had a long talk with M. Combes, the
latter manifesting Interest In American
economic and political affairs.
Mr. Bryan made a speech before the
members of the American chamber of com
merce this evening, during the course of
which he dwelt on the Importance of keep
ing political campaigns free from personal!
ties. He also referred to the sdebt the
United States owed to France, and said
that next to the names of Washington,
Jackson and Jefferson, Americans placed
that of Lafayette.
MONEY LOOKS GOOD TO DANES
Besaemltti' Association, Meeting i
Copenhagen, Decides that Vnlted
States Is a Good Thing.
COPENHAGEN, Dec. (.-The Danish
Economists' association, which has been
considering the growth of America, has
decided by a considerable majority that the
benefits to Denmark therefrom far out'
weigh the drawbacks. The speakers who
brought the objection contended that some
action was necessary to prevent the country
from being denuded of Its best workers, but
ths majority supported the view that the
Danes were to be congratulated on the
fact, that the doors of such a progressive
and prosperous country as the United
States were open to them and that Den
mark had much benefited by the consider'
able sums of money which yearly were sent
back by Its former subjects.
CHASTISE CHINESE ROBBERS
Rtialas Troops Beware Accounts
Recent Killing of Five
Comrades.
for
ST. PETERSBURG. Dec 1 The Ruastan
troops have defeated a band
Chun Chuses Chinese robbers, on the Liu
river. Manchuria, killing 200 of them
wounding a similar number.
ind
After the conflict, reported November tt,
between Russian soldiers and a body rf
Chon-Chus at Taehlchgo. In which Ave
Russians were killed and nine were se
verely wounded, the Russians pursued the
fleetug tribesmen and finally hemmed them
In at the Liu river. The great loss of the
robbers Is attributed In a Port Arthur dis
patch to a pado among the Chun
Chuses."
How They Stolo the Diamonds.
NEW YORK. Dee. f Abraham Thaler
and Morris Opar, who have been arrested
In Pittsburg. Pa., with Jkwsls valued at
$1000 In their posuewon. are sutti by tne
police to bave been taken on onmplulnls
filed by two wholeeale ieselere hum whoa)
they had obtained the valuables on the
"momorainium p'an" In vogue kuuong. trav
eling ulainieiA awnlsia,.
IGHT OVER ISLE OF PINES
X
Recognition of Cuban (Sovereignty Canaet
Acrimonious Debate in Congress,
Snmusmsnunu)
I0WANS AND NEBRASKANS INTERESTED
Many of Them Have Invested In Land
nnd Settled Thero and Object to
Being; Placed ruder Cu
ksa Rale.
(From a Staff Correspondent.)
WASHINGTON, Dec 8. (Special Tele
gram.) The paragraph In the pending reci
procity treaty with suba relating to the
cession to Cuba of the Isle of Pines caused
an acrimonious debate in the house this
afternoon in which Crum packer of Indiana
pitted himself against J. D. Richardson of
Tennessee. The Tennessean contended
that under the treaty of Paris the Isle of
Pines was included In the territory which
passed from Spain Into the possession of
the United States and therefore formed no
part of the territory of the Republic of
Cuba. Mr. Richardson read a letter from
tho secretary of war dated nearly two
years ago In which It was stated that the
War department considered that the treaty
of Paris Included the cession to the United
States by Spain of the Isle of Pines. Mr,
Crumpacker took Issue with Mr. Richard
son, whereupon Representative BInger Her
mann, late commissioner of the general
land office, now representing an Oregon
district in congress, made a brief state
ment to the effect that the late President
McKlnley must have been thoroughly con
vinced that the treaty of Paris covered or
ceded the Isle of Pines to the United
States as he as commissioner of the gen
eral land office had been Instructed In mok-
Ing up, the latest map of tha United States
and Its Insular possessions to Include this
same Isle of Pines, "and," concluded Mr,
Hermann, "If you will look at the official
map of the United States as It stands today
you will find that the Is'.e of, Pines Is
designated as one of the insular posses
slons of the United States."
The controversy as t6 who shall event
ually possess sovereignty over the Isle of
Pines is particularly Interesting to many
citizens In Iowa and Nebraska because
shortly after the treaty was signed In
Paris nearly 200 families from these states
sold their holdings and went to the land
of promise. They have purchased small
plantations and under the fostering arm of
the United State have prospered greatly
The proposition to cede the Island to Cuba
will mean practically utter ruin to tnem,
so they contend. The proposition which
greatly alarms them la the suggestion that
should Cuba become possessed of the Island
the government intends to oonvert It Into
penal colony.
The senate, through Its committee, la In
structed to look very carefully Into this
phase of the pending treaty and the house,
through resolutions passed today, will also
conduct an investigation along similar
lines.' 1
- Better Buliqin for Hastings.
Congressman N orris of the Fifth district
was In consultation with : the supervising
architect today relative to the submission
of new plans for a publlo building at Hast
ings. The sum of $226,000 was appropriated
by tha last congress for the ' Hastings
building and, according to the plans of
the architect, the lowest bid submitted for
Its erection was - about $80,000. Congress
man Morris wants Hastings to have the
finest building tt Is possible to secure
within the full amount of the appropria
tion and is accordingly asking for new
plans. He also consulted with tho archi
tect about a suitable building for the Grand
Island site, purchased last summer. ' The
congressman desires to have the building
so arranged that In tha event of there
being two federal court districts In the
state, the court will be able to convene
In the Grand Island . building when com
pleted.
James Cleary, Jr., son of Mayor Cleary of
Grand Island, has entered Georgetown uul
versity for fhe full law course.
Hernia Moves to Capital.
F. N. Merwln, one of the publishers of the
Beaver City Tribune, and secretary of the
Nebraska Press association, has reached
the city and during the present session of
congress will be the private' secretary of
Congressman Norris. , -
Teaching tho Mountaineers.
Prof, and Mrs. Dlnsmore, who are Men.'
titled with educational work In Kentucky,
and who for years resided at Lincoln, Neb.
have been In Washington the last week.
Mrs. Dlnsmore Is now assisting Miss Helen
Gould In advancing educational Interests
In the mountains of Kentucky and Is re
turning from New Tork. where she has
been In consultation with Mlsa Gould In
regard to her proposed work In the south.
Kicks on Discrimination.
Secretary Utt of the Commercial club has
wired Senator Millard that the chief com-
mlssary of the Department of Colorado has
discriminated against Omaha In the pur
chase of goods and has Instructed that bids
be received only from Kansas City. Sen
ator. Millard will see Cpmmlasary General
Weston tomorrow and endeavor to have
Omaha Included In the Jlst Why Omaha
Is discriminated against does not appear
from Mr. Utt's telegram and it la Senator
Millard's purpose to ascertain why Kansas
City Is given preference when the distance
between Denver on one side and Kansas
City and Omaha on the other are approxl
mately the same.
Representative Walter L Smith of Coun
cii Bluffs returned from Iowa today,
Shaw Wants More Money.
Secretary Shaw today transmitted to the
house a request for $14,000 additional for
the Department of Justice for "enforce
ment of the anti-trust laws."
Report oa Indian Affairs.
The annual report of the United Statea
commissioner for Indian affaire says tha
Five Civilised Tribes In the territory, Includ
ing Indians and freedmen, number $4,000 peo
ple, who hold over 19,000,000 acres of land.
The report announces a malarial Increase
In population In the territory and calls
attention to the duty imfad on the gov.
ernment, under legislation and a freeman la.
to allot .n severally the lands ef the five
civilised tribes, after town sites and other
reservations have been made and to wind
up the tribal affairs, limiting the life ot the
tribal governments to March 4, 1306.
Continuing the report SAys:
There U no doubt that many Indiana, aa.
pecially fulltilouds, have ben and are blug
linpuwd upon In the matter of leaning their
lanas. jsuuiy agricultural leasee are lor an
inadequate conaida ration, and do not nrrv.
vide tins number uf acres to be placed under
cultivation eacn year, or what, if any
every effort to get ail the facts, and it
fences or other Improvements shall
planed upon ths Bind. Furthermore, It dns
nut appear that any parties furnish bond
or give security guaranteeing the faithful
compliance with the pruvtuiona of tha Itsuie
coutrauts. On the. other hand, many leaaas
HTnirtlnuMd. cat. Hxwnd. Pjusjh).
GRAND RAPIDS CENTRAL BUSY
Cltlneas Wanted for Pnrtlelpntloa la
Bribery Come Now on Tele
phone gammons.
GRAND RAPIDS, Mich., Deo. 8. The
prominent cltlsens for whom warrants were
issued last night on charges In connection
with the water scandal, about which Lent
K. Balsbury has made such startling con
fessions, were spared the humiliation of
formal arrest today. Instead of placing the
warrants In the hands of officers to serve
the officials telephoned the respondents
from police headquarters, requesting them
to appear. ' . .
The eighth warrant, for Gerritt H. Al
bers, charging perjury at his trial on tho
charge of attempting to bribe Alderman
Renihan, has been Issued, and Albers came
Into police headquarters Vnd entered his
appearance, being permitted to go then
In search of bondsmen.
Judge Haggarty, who Issued the warrant.
nnounced that the Albera warrant was
based on a confession of Dr. Ullke Devriea,
that he Induced Albers to make an offer of
a bribe to Alderman Renihan as charged
t the time of his trial by the prosecution.
Albers wss acquitted at that time. Al
though Judge Haggarty refused to discuss
Devrles' confession any further, their are
reasons for believing that it reveals much
of the Inside of -tho water deal and will
be corroborative of Salsbury's confession.
Charles S. Burch, manager of the Even
ing Press, waived examination today In
police court and was bound over to the
uperlor court for trial under 12,000 bond.
The charge against him Is conspiracy.
J. Clark Sproat, formerly manager of the
Democrat and the Post, and J. Russell
Thomson, former municipal reporter of the
Evening Press, also waived examination in
police court, and were held to the superior
court. ' The examination of former Alder
man Moi was taken up in police court to-
day. Salisbury testified that he not only
gave Mol $36 for aiding the water deal,
but also gave him $80 to vote for him for
city attorney. Balsbury also said he gave
campaign money to Aldermen McCoolI,
Kinney, Schrlver, Ghysels, Johnson, Beck,
Locler and McLachlan.
"Where did you get this money T"
"Some from the street railway company
and some from the Belb Telephone conv
pany. I got the street railway money from
Mr. Sproat, and I think he gave me $1,000.
The money from the' telephone company
came to him through Mayor Perry."
Salsbiiry testified that he entered Into
attempted jury bribing when he was on
trial. He said he gave Alderman Mol $150
to pay to a Juror named Myers, who was
expected to sit In his case. He also gave
$75 to John Kremer, and severdj hundred
dollars to William D. Pugh for the same
purpose, but said that it never reached
the jurors. ,
DOWIE AGAIN RULES IN ZION
Reeelvera Appointed .by . Federal
Coart Discharged with Consent
of Creditors.
CHICAGO,. Dec fc John Alexander
Dowle is sgaln In control of 'Zton City
and all Its industries. The turn In the af
fairs In the head of tho Christian Catho
lic church followed a. financial showing
made this afternoon, w:?fc. ' satisfied all
the creditors, who Immediately made a
formal motion beforeJudge" Kohlsaat to
have the receivership, ordered by the
United States, district court a week ago,
dissolved. As no objection was offered to
the motion by any of the creditors. Judge
Kohlsaat granted the request and Re
celvers Blount and Curry were discharged.
While the receivers have been relieved
from further duties at Zlon City, the bank
ruptcy proceedings are still maintained
It Is likely, however, that these will be
dismissed In a day or two, or as soon as
the creditors' committee appointed Mon
day has an opportunity to report on the
advisability of accepting Dowle's offer of
settlement. This provides for payment of
all merchandise accounts within one year
and the giving of notes In the meantime,
bearing 6 per cent interest. By the terms
of agreement Dowle has agreed to pay . all
the expenses of the receivers.
The ejectment of the receivers from Zlon
City seemed to please all parties con
cerned. , Dr. Dowle, , who was present In
court with his representatives, appeared
Jubilant over the turn In his financial af
fairs. Attorney Ettelson, who filed the
original petition, said he waa agreeable
to a discharge of the receivers on terms
which shall give his clients an opportunity
to get full payment of their claims. At
torney Apmadoc, representing the other
creditor, Samuel Stevenson, said his client'i
Interests are now well protected and there
will be no occasion for demanding an
Indemnifying bond from the original pe
titioners.
HERE'S A GOOD . LUCK STORY
Kiad-Hearted Hew York Woman Get
aa t'nexpeeted Million Declines
to 1ke More Than Fifth.
NEW TORK, Dec. 8. Gtlt-edged securi
ties with a market value of $783,000 have
been taken from a safety deposit box by
attorneys for1 the heirs of Maxtmllltan
Herschel, an aged recluse and ex-member
of the New York Stock exchange who died
In St. Luke's hospital last July. Ninety'
three additional bonds bring tho value of
the hoard up to $960,000.
Just before he died .Herschel announced
in the presence of witnesses that he wished
all his property to be turned over to Mrs,
William Georgl of Brooklyn, daughter of a
couple who had befriended him in his youth
and who had made his declining years com'
fortable by numerous attentions, not know
Ing his great wealth.
Mrs. Georgl attended him in his dying
moments, little dreaming that ahe waa
heiress to $1,000,000. Four relatives of the
old man were living In Germany, It was
found, and Mrs. Georgl declared that the
property should be equally divided so far as
she was concerned. Attorneys for both ln
ttireats arranged this and the estate will bs
divided at the end of six months into five
equal parts. The heirs living In Germany
were untnown to lleracnel. They were
found through advertising, but hare proved
their relaaonahip and Mrs. Georgl evinced
no desire to keep them from sharing her
good fortune.
CAMPAIGN 0PENS IN VIRGINIA
Demoerats ' Ilea 0Brr Oat of Office
Be en n so Bo Registered Negro
Yet ere.
NORFOLK. Vs., Deo. & --Democrats In
the town of Berkle havo driven County
Treasurer Lyons from his office, where. It
it charged, be was registering nwgro voters
and had the negroes penned up in one sec
tion of the town. The streets are filled
with men armed with shotguns, and a re
quest will bo made for-a company of mill
tsry front Norfolk or Portsmouth, at onos.
Berioua trouble) la fanrssV v
DYERSE TO SOLDIERS' HEIRS
Department Holds That Widow, and Or
phans Unit Lire on Homerteada.
REVERSES FORMER DECISION IN MATTER
Decision Is Made la Case of Mrs.
Anna Bowles, Who Mado Eatry
la the Brokea Bow
District.
WASHINGTON, Deo. 8. To nullify at
tempts of cattle companies and others to
obtain publlo lands In violation of the law
the secretary of the Interior today over
ruled former 'decisions of the department
to the effect that widows or minor orphans
of soldiers or sailors do not have to reside
on the land on which thejr make home
stead entry. The decision, which affects a
large number of cases and which has an
Important hearing on the publlo land
frauds, Is made in the case of Mrs. Anna
Bowles, who made an entry on land In the
Broken Bow district In Nebraska. Mrs.
Bowles claimed the right of entry ao the
widow of a sailor In the civil war, under a
section of the revised statutes, which al
lows suoh dependents to make homestead
entries with credit for the time of the sol
dier's or sailor's military or naval service.
It was admitted In this case that she made
an agreement with the Standard Cattle
oompany, whereby Mrs. Bowles, at the
time of he entry, leased the land to the
company with further Agreement that the
company should have the option of .pur
chase for the land. The department de
cides that Mrs. Bowles Is required to main
tain residence on tho land and her agree
ment with the company invalidated the
entry and requires Its cancellation.
Briefs la Merger Case.
Briefs in behalf of the Northern Securi
ties company and the Northern Paclflo
Railway company, In the case of ths
United States against those two companies
and the Great Northern - company, were
f.led In the supreme court today. The brief
of the securities company Is by George B.
Young and that of the Northern Paclflo by
C. W. Bunn. Mr. Young's brief Is a docu
ment of over 300 pages and in it he traces
minutely the origin of the merger. Mr.
Young contended that such a hodllng as
that of the Union Pacific In the Nprlhein
Pacific waa not contrary to the anti-trust
law and tho "inaction of the attorney gen
eral showed that this also was the opinion
of that high official, charged with tho en
forcement of the ar.tl-trust Bet."
The brief of Mr. Bunn Is an argument to
show that the action of the two railroad
companies did not come within the anti
trust act.
'This case Is of local Interest because
the appellant, Mrs. Anna Bowles, Is a resi
dent of Omaha," said Attorney J. C. Kins
ler last evening, who was Mrs. Bowles'
counsel at Broken Bow and on September
I last argued the case at Washington on
the appeal taken from the decision of the
commissioner of the general land office
affirming that of the register at Broken
Bow, that widows of sailors and soldiers
must conform to the law of 1862 in making
homestesd entries, "and of national Inter,
est because thousands of widows snd
orphans will be affected by this decision.
"My qllent was required to make affidavit
conforming with the law of 1863, which law
contemplates that all persons making home
stead entries shall reside on the land so en
tered and no doubt this decision Is based on
that promise," continued the attorney. "The
third section of the law of 1872, passed and
enacted by congress to reward the soldiers
and sailors, confers the rights of the hus.
band on the widow or guardian of minor
children, if deceased. This decision indl
cates the Department of the Interior has
gone back on the law of 1872. In my brief
submitted in the case Just decided, accord
ing to your dispatch, adversely to Mrs.
Bowles I cited the law of 1872, which does
not require a widow or minor child to re
side on the land. This decision affects
twenty-two cases In all, which were Inst I
tuted by me in the land office at Broken
Bow."
ST. LOUIS STOCKMEN UNITE
Band Together to Fight tho Beet
Trast la Yarding and
Packing.
ST. LOUIS, Deo. I. Preparations for re
establishing the stock yards and packing
house Industry on this side of the river,
and fosT launching an enterprise which Is
regarded by stockmen and packing bouse
managers as the opening move in a fight
to a settlement between the cattle raisers
and the so-called beef trust, have been
quietly completed In St. Louis within the
last few days. ,
The Independent Stock Yards company
has been organised In' St. Louis and will
be In operation by the first of the year. The
St. Louis Union Packing company, closely
allied with and, to a large extent dependent
upon, the stock yards company, will also
begin operating by January, 1901 Botb
concerns will occupy the site of the old
Union stock yards.
The Independent Stock Yards company
was incorporated November 15, with a cap
ital stock of $100,000. The St. Louis Union
Packing company was incorporated Novem
ber 26, with a capital stock ot $1,000,000, of
which $000,000 has been paid In. It la stated
that the movement which resulted In the
Independent company began three months
ago. Ths plans were carefully made and
nothing was permitted to be made publlo
until now.
ANY OLD BOWLER WILL DO
Amerlraa Congress at Clevelaai
Thrown Opea to the l aafllllated
Clnbs and Individuals. '
DAYTON, O., Dec . A decision of im
portance to bowlers and bowling clubs In'
tending to participate In the national cham
pionship contests of the American Bowling
congress at Cleveland, February 8-13, has
Just been rendered by the executive com
mlttee. Under the Indianapolis plan of
organisation It waa supposed that .all en
tries would hare to be affiliated with some
of the local city associations. This, how
ever. Is not the ease. Any club or bowler
Is eligible mpon compliance with the roles
of the congress, but no club Is entitled to
any voice tn the proceedings of the con.
gress Unless affiliated with, one of the city
associations.
FATAL TO OTTAWA PRIEST
Infer Irs lteevrvwd a Week As fa
I'arvenSry Fife steaetts la Father
Fnl ham's Death.
OTTAWA. Ont... Dec. S. Father- Fulhsm,
the priest who was injured at the Ottawa
university fire oa WediMsdaa' last, died
todakV
NEBRASKA WEATHER FORECAST
Snow Wednesday, Warmer la East
Portion, Colder at Klght Tbarsday
Fair and Colder.
S a. m SO 1 p. m la
a. ra SA 9 p. m ID
T a. m 2M 8 p. sa 18
8 a- an 4 dp. m IB
9 a. m...... XI 5 p. m 1
Man 83 p. m IT
11 a. m so T p. m.....t 1
18 m. 19 8 p. m..... IT
v Op. m IT
WANTS SITE FOR HIS PLANTS
Chlcagro Baalneaa Maa Looks Ore
Omaha to Sea What lndnce
meats Are Offered.
J, Steee, a representative of Interests
controlling two Chicago manufacturing
houses. Is In the city looking over the
situation with a view to learning what ad
vantages Omaha offers as a location for
manufacturing Industries. He met at $
o'clock with E. A. Benson, N. P. Dodge,
Jr., W. J. Graham and F. D. Wead of the
Commercial club and with the location com
mittee and discussed the situation.
To the executive committee at Its noon
meeting he stated that the reason for
changing the locations of the two concerns
was the labor difficulties In Chicago. The
blacksmi thing department of one had been
tied up for nine months In a sympathetic
strike, and during the street car strike the
employes had been an hour or two late in
getting to work. The two corporations em-
piny together 8,500 men. The business of
the larger one last year was in round nunv
bcrs $3.2M.ono and of the smaller $000,000.
One of the companies would require forty
or sixty acres of land and the other only
about ten acres. The representative had
been In consultation with a local freight
agent who was making out for him the
rates which would effect the businesses.
On the favorable rates would largely de
pend the location of the companies In the
west. Omaha was merely one of the cities
on the list and from here the representa
tlve Intends to go to Denver and elsewhere
west of Omaha.
Mr. Stees has no authority to enter Into
any arrangements now, but will report to
his employers the .result of his Investlsa
tlons. He left at 4 o'clock for the west,
but will return Thursday evening, and a
meeting of capitalists and real estate men
will be arranged to ialk the matter over
with i.lm Just before the grain meeting.
Mr.1 Stees is reported to bave said that
the larger company woukl ask nothing ex
cept the land, forty to sixty acres, which
would.be necessary lor Its use. The other
company has been established for seven
teen yearn, and its business has grown
rapidly. The Idea Is now to reorganise it
on a larger scale, and a large amount of
money would have to be raised here.
A letter ' was read before the committee
from Springfield, Mass., inquiring what In'
ducements would be offered here for the lo
cation of a woolen mill with tailoring do
partment added. The plant would employ
between 400 and 600 people, with a monthly
payroll of $12,000. A good location was
wanted with plenty of water for washing
the wool, i The secretary was ordered to
communicate with the promoters.
The action of the secretary In telegraph
Ing the Nebraska representatives In Wash
ington In regard to army matters was ap
proved. These referred to some action In
reference to the appropriation of $75,000 for
the. quartermaster's supply depot and a
protest against the commissary supplies
for tho Department of the Colorado being
purchased In Kansds City, St. Louis and
Chlcao and not in Omaha. The congress
men were asked to work for equal treat
ment with Kansas City In that depart
ment.
N. Merrlam made a report of the meeting
last Tuesday night and the house com
mittee was authorised to find out the cost
of carpeting and repairs In the club. E,
H. Wilson, E. F. Thomas and J. B. Red-
field were elected new members. The club
meets as a whole Thursday evening at 8
o'clock.. Grain will be the topic.
OVER FOUR THOUSAND MARK
Fand for Relief of Firemen's Families
Goes Beyond the Figaro First
Sought.
The fund for the relief of the families of
the four firemen killed In the Allen Bros.'
fire has gone beyond the $4,000 mark, the
figure sought as a minimum at the out
set. The fund is expected to run much
higher. Subscriptions are still being taken,
The list as given out by Mayor Moores last
night stands:
Amount previously reported $4,193 81
Hon. John I. ReUlck 60.00
Employes Omaha Printing company. 85.60
Omaha Gas company 25.00
Omaha Hebrew club, M. Rosenblatt,
pabat Brewing company, by Julius
,35.00
11. Bcnuett, manager
16.00
10.00
6 00
5.00
too
6.00
Gate City Malt company, by R.
Petersen
Julius H. Behuett
City Hull Pharmacy, by W. A. Piel,
manager
Woman's Auxiliary to Omaha Typo
graphical Lnlon rso. io
The Aultmari & Taylor Machinery
company, by r . L. Loomls, man
Barer Dr. Philip Sher, 701 South Sixteenth
street
Received by Luther Drake, treas
2.00
urer, Deeemoer o:
Allen Bros, company ,
....$ 400.00
Walter Btelnmels
.... 10.00
E. Wakeley ,
Crete Fire department
Jefferles & Howell
James Adams .
5.00
5.00
too
too
6.00
$00
2.00
W. n. Munger
Joseph Bchnidt
John Laughland
Received by Lutner uraae, treas
urer, December 7!
Iler Co I
Byrne-Hsmmer Dry Goods company
Alert Fire department. Alliance,
Neb
60.00
50.00
10.00
Total.
$Ol.U
BRINGS COPY OF NEW TREATY
ConanI General Goodaew from Shan
ghai Arrives with Dnplleate
of Chinese Compact.
CHICAGO, Dec I. Bearing the official
copy of the new commercial treaty between
the United States and China.-a treaty x
Dected to add millions of dollars to the
commerce of this country John 8. Good
now, consul general at Shanghai, ranking
first la the government service below Mln
later Conger, bas arrived at Chicago.: He
Is on his way to Washington, after whk3
he expects to spend several weeks at his
residence In Minneapolis. Us , has bean
tn China stg years.
TTiS moot Important provisions of the
new treaty are: Abolition of local trans
portation oa taxes on American Import
tlons, tn consideration of an advance to the
Import duty ef from I to 12 Vi per cent; new
mining laws on the basis of these In the
United kit alee; a uuiouaj currency fur
China.
Minister Dinger, Mr.. Goodhow and 1. F.
Seaman were the United States commis
sioners who . drafted the treaty. It waa
signed October $ and only needs ratification
by the United Stales senate to beuume
effective, ,
ONSUL IS INSULTED
Amerioaa fiepreientatira in Tnrklih Town
Lowers Flag and Learei Place.
ASSAULTED BY LOCAL POLICEMEN
Takes Amerioan Citiirn frost Ouitody of
Consul with Anted Fores.
ALEXANDRETTA IS SCENE OF TROUBLE
Consul Davis Goes to Constantinople to
Confer with Minister.
HOROUGH INVESTIGATION IS ORDERED
Minister Lelshman Instructed to net
the Facts aad Transmit Them
to Depnrtmeat of State
at Washington.
CONSTANTINOPLE, Dee. The United
States flag over the consulate at Alex
andretta, Asiatic Turkey, has been hauled
down and Consul Davis has left his post
for Beyroot In consequence of a serious
diplomatic Incident, during which Mr. Da
vis was Insulted and assaulted by the local
police.
The affair grew out of the arrest of en
Armenian, Channes Attsrlan, a naturalised
American citlien.
Attartan had been In prison at Aleppo
during the last two months and had Just
been liberated through the Intervention of
the American consular agent, on condition
of his leaving the country forthwith, Mr.
Davis was accompanying Attarlan on
board a departing steamer, when the police
Intercepted the party, assaulted and In
sulted Mr. Davis, and, despite the re
sistance of the consul and his attendant
guards, rearrested Attarlan and took him
back to prison.
Mr. Davis immediately lowered the flag
of the Ci rculate and formally broke tft re
lations rith the Turkish authorities , by
quitting Alexandretta, leaving the con
sulate In charge of the viae consul. A mob
of Moslems seised on the oozaslon to make
hostile demonstration against the con
sulate and against the Christians generally.
Turks Tell Their Side.
The local authorities assert that Mr.
Davis struck the police with s cane, and
that after the rearrest of Attarlan tha
consular cavasses (military couriers) at
tempted to rescue Mm, and that in the
fracas which ensued the cavnsses broke
the windows of the prison. ' '
The Turkish authorities further claim
that Attarlan, who is a native of Dlarbektr,
Asiatic Turkey, has been traveling about
the country with an Illegal passport. They
also point out. that the question of Ar
menians naturalised in America and re
turning to Turkey tlways . has been a
source of trouble, since the porte Invariably
refuses to recognise naturalisation.
When Attarlan was arrested SttOO was
found !n his pocket.' This, It Is believed,
may have contributed to ' Ms arrest., the. :
Tutks suspecting him of b!r.g a revolu
tionist. - - - V , . . ,
The matter Is engaging the ehergetle hi- '
tendon bf the Lilted fctates ligation here..
Minister Letshuian bas made u'gent rep
resentations to tha porte and Is now await.
Ing a full report before taking further
steps. The dutrage. It Is anticipated here,
wilt lead to strong action on the part of
the United States to obtain full reparation,
especially as full satisfaction for the Bey
root affair has not yet been given.
Washington Cables to Lelshman.
WASHINGTON, Deo. 8. The State, de
partment has received a brief cablegram
from Consul Davis at Alexandretta, Aalatlo
Turkey, saying that he had trouble with
the local police at Alexandretta and had
left for Beyroot in consequence. The State
department promptly cabled Minister
Irishman at Constantinople to Institute a
thorough investigation of the whole affair.
It is expected that Minister Lelshman will
call at the Foreign office today to Inquire
of the Turkish officials regarding the mat
ter. '
The Navy department has so far taken
no steps toward sending a warship to Alex
andretta, though the State department offi
cials Informed the Navy department at
what had happened at that place. The
San Francisco and the Brooklyn are at
Beyroot. , The State department does not
anticipate any serious difficulty as h re
sult of the Incident, for It does not doubt
that the Turkish government will make
proper amends for any misconduct of Its
officials at Alexandretta.
NOVEL SENTENCES BY COURTS
Stecro Gets 1,000 Years la Prison aad
Callforatan to Be Sentenced la
10O Years.
HOUSTON, Tex., Dec. In the district
court of Cherokee county today Allen
Brown, a negro convicted of attempted as
sault,' was sentenced to 1,000 years In the
penitentiary. Under the law the Jury could
not Impose a death sentence. At the time
of his arrest Brown narrowly escaped be
ing lynched.
SACRAMENTO. CaL. Dec .-Joha H.
Wood, a leader of the eonvlots who es
caped from, the Folsom penitentiary , last
summer when a guard waa stabbed to
death, was today convicted ot murder In
the second degree. As Wood Is already
serving a life sentenoe Judge Harl ordered'
him to appear tn court for sentence 10$
years from today.
AERODROME IN THE RIVER
Laagleys Machine Breaks and Gives
Operator a Ducking a Second
Time.
WASHINGTON, Dec 1 The second at
tempt to fly the Langley aerodrome today
was a failure. The machine when released
from the launching car, described a down
ward course and fell Into the river.-
The machine broke la half and fell Into
the water a total wreck. Charles M.
Manly, who was operating It, turned com
pletely over tn the air and became en
tangled In the wreckage, but was Quickly
leocusd from the water.
DEATH FOLLOWS EVICTION .
Laborer Who Cemld Bet Fay Beat
Fweaal Ft ess a la Btea-
ehy.,
LOU U'VTTJ.FT, Deo I Bsmjmnta Fvirst-
lng, a laborer, who, with his wife and
sevan children were evicted from their
home yesterday fur failure to pay the rent,
was found today frosea to death In a lum
ber yard. Uls fatally stieat tU bight with
a nrtt&beuk