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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 17, 1903)
Daily Bee. i HE ESTAIiLIBHED JUNE 19, 187. OMAHA, THURSDAY MOKNING iiECEMKEU 17, 1003 TWELVE TA11ES. PINOLE COPY. THREE CENTS. Omaha TREAT Y BECOMES LAW 8nat Pwti th Bsolprooitjr Bill r Doo iiTe Vot of 67 ts 18. mmnmm.m.' PARTY LINES ' WERE NEVER DRAWN joritj for Cuban Esciprooity BilL VOTE WAS TAKEN AT CLOSE OF DAY Prericraa to that lbs MefUllrs Had Been Exbanttlvely XHsotiagaoY BOAR VOTES FOR BILL, BUT PROTESTS HH Believe 1st Tree lea ASTeet- aT TartC, Kee Taa Ita XalsU tba Hatted States Owea Cab Aaytaiag.' trASmNOTON, Deo. 18. By the dec! sirs wots of 87 to 13 the senate today passed tbe bill carrying into effect the reciprocity (Maty with Cuba, The final vote came at tba close of a day which was marked by anted, was not acrimonious. Tbe prlnct- pal speeches were made by Mr. Bpooner, tor U bill, and by Mr. Bailey, against it. . Both, senators were subjected to fre- troenf Interruptions, la his remarks Mr. Bailey reerred to the recent agreement of the detnooratla caucus to stand solidly on party questions and warned the repub licans that In the future they could not de pend on straggling democratic votes In sup port of republican rerty measures regard- sea of whevher they were or were not In eooord with d-moc ratio doctrine. The bill passed carries Into execution the treaty between the United States and Cuba, which was ratified last March. The treaty provides for reduction of JO per bant from the rates of duty under the XMngley law on all Cuban articles imported Into tho United States and a' varying re taction of from H to 40 per cent from (hie established Cuban duty on articles feito Cuba, from tho United States, After the passage of the Cuban bill the senate agreed to the house , resolution providing tor a holiday recess from December IS to ; January , lyeeaer Pleensses Measure. When the senate, convened today Mr. Bpooner spoke on the Cuban, reciprocity bill. He spoke on the varying positions of the opponents of the bill, and especially of the Introduction of the Newlands resolu tion Inviting Cuba to become a part of the United States, deprecating It and saying that be hoped It would bs postponed. In- j definitely, because, he said, sometimes In vitations are regarded as commands. Mr. Bpooner also dlsoussed the i fleet of ' the adoption by Cuba of the Piatt amend ment as a part of the Cuban constitution and said It 'should remain there forever for Cuba's own protection, both as against foreign foes and sgsinst Insurrection. He contended that the Piatt measure In no wise derogates from Cuba's independence. He expressed the opinion that tho United. States owned the Isle of Pines. The Cubans also think they own It, he said, but we had toot "opened a bank account with the God dess of Liberty when we freed Cuba," and oould not afford to haggle like a shopkeeper over matters wit that republic Mr. Bpooner said the Newlands resolution was In direct opposition . to the Teller resolution. Mr. McKlnley had put It all In a sentence . when he said that our Intervention must not be demanded as an Indemnity. Teller Resolution Stepped Trouble. "We could not," he said, "do less, and no nation Interfering between a colony-owning government and one of Its colonies could be permitted by other . nations to do so for the Inorease of Its own territorial area exoept in rare cases." He believed that but for the TeUer resolution, there would nave Deen a concerxea action on am pan of the European powers against the United States In the war with Spain, for these reasons, he said he was opposed to the Newhmd'l measure. Mr. Bpooner also replied to the charge that the bill Is In the Interest of the sugar truat, referring to the differing motives sttrlbuted by the opponents of the bill to the senators who favor It . tm referring to the house bill of the last session, reducing the duty on sugar, Mr. Bpooner spoke of the fact that Mr. Teller had challenged the republican senators to pass It. notwithstanding It would have been a deadly blow to the beet sugar Interests. lis added his opinion that If Mr. Teller believed that the challenge would have been aocepted he would not havs made tt, Mr. Teller admitted such to he the ease. He did not be lev the republican senators would acoept the bill because it removed the differential duty on refined sugar. "I did not want to kill the dlfferentlaL" said Mr. Teller. "It was put on the bill by tba house to kill It." "Then," said Mr. gpooner, 1 have de veloped one thing." ' , Teller Made a Bleff. That the challenge Was a . bluff," said Mr. Teller, taking the words out of the Wisconsin senator's mouth. Then." continued Mr. Bpooner, "the charges against us are Inconsistent," Mr. Teller j-eferred to the Influences be hind the bill, which he said were those not only of the sugar trust, but tho.. of the executive officers. Mr. Bpooner declared that none of the senators had surrendered their lndepen denes and ha did not consider such a charge as courteous to fellow senators. "I resent," he said, "the notion that an executive can follow a bill into tbe senate, and I have never known an executive who violated, his own office by Invading othur 4epartments of the government." He added, however, that he, with others, had resented the propaganda of a year ago In the Interest of reciprocity. "I did not,' he said, "like to receive communications from officers of ths United States serving In Cubs. Instructing us as to our duty." Mr. Bpooner also discussed the effect of the adoption by Cuba ot the Piatt atnend awmt as a part of the Cuban constitution. t . Hoar Talks at Measare, Mr, Hoar, speaking on the question, said n not Believe la tne policy ot treaties affecting the tariff and contended that di red legislation was easier of accomplish aseat thaa the exchange of treatise, bfr. Uoar also said that because ot hJs opposi. v tion ts this method he had found It difficult to secure his own assent to support ths bill. Mr.' Hoar eb)ecyd to the claim that prom' iees nu oetn mace to Cuba and coa f eased that he had not looked with favor upon the statement made by the prellent in his message to the effect that a failure to pass the bill would amount almost to a breach of faith. Still, he added, be did JuaUoued on Second! Paa4 anxious for tjarian to go Tarklsk OtTrrantat Weald Like to Get Ceaaal Davis Portege Oat at Coantry. !.. tplalned to the United States leg ' hat the acting offlclala at the Amef. f. insulate In Alexandretta ara I prevent, embarkation of Attarlan, the natuV American, whoa recent arrest cause;.' -ul Davis to leave Alexandretta, horn the porta In structed the loci,, ' authorities to obtain a passage on an Italian steamer at the cost of tbe government. It was the ' opinion of the porta ' that the embarkation of Attarlan wonld remove the principal cause of complaint. The legation has not yet presented any denuVids for reparation. WASHINGTON. Deo. 18. Acting Secre- tary of State Adea baa taken a firm stand In the matter Of the assault upon tne Ainer- loan consul by the Turkish offlclala and soldiers at Aiexandretta. He has - cabled Minister Leishman to Impart the facts to the Turkish government and inform that government that tba tase seems to Invite an explanation or regret. The State depart ment does not- Indicate what measure of reparation Is expected, but It Is understood the Turkish government certainly will pun ish the offending Turkish officials and com pensate Attarlan for the losses and In Juries he haa sustained. WANT PARSIFAL FOR GERMANY Berlin. Wagaer Society Objects a Pre. d act Ion of Opera la Inlted v gtates. BERLIN, Deo. 18. The Berlin Wagner so ciety has published an Indignant protect against the production or "Parsifal" In New Tork, declaring that "Richard Wag ner's holy legacy to art, whose production he designed to reserve for the consecrated Temple of Art, which he created, la thrown away upon auditors In the land of dollars. who possess no conception of the true es sence of Wagner and probably . never will possess any." , The society does not criticise the Amer ican court for Its decision In the matter, but expressed the most profound Indigna tion over the "profanation of this most precious Jewel of Wagnerian art,'" and re fers to the "great pain felt here that" Ger man artiats have been found who are so lost to shame as to aid in. this act of dese cration ' , WHOLE. SEA IS DISAPPEARING 1 Haeslaa. ' Town Covered with Sand, Vessels Beached sad Mills Redaelaa; Work.' , ST. PETERSBURG, Dec. 18. The sea of Asof Is disappearing and remarkable scenes ara In course of enactment.. At Taganrog the waters have reoedod to such an extent during the last Sve days that the bed of the sea' la visible for a distanoe of thou sands of feet. High winds hurled clouds of sand shoreward, coveting the town. Vessels are lying high and dry .and the greatest confusion prevails In the harbor. Work in the factories has had to be re duced to a mlnlmnm on account of the Jask of water. ' GERMAN OFFICER DISGRACED Is Dtsbeaorably Discharged an A 1m- prlseaed tor Bratal Treatment of Sabordlaatea. BERLIN. Deo. It-Owing to his mis treatment of soldiers on 1,600 cowats and abuses of authority on 100 counts, a non commissioned ofrtoer named Franski of the Eighty-fifth Infantry has been sentenced to five years' Imprisonment and dishonorably discharged from the army by a court- martial at Redsburg. The court declared Franski had displayed the. "brutality of an ox driver." QUMONT COMING TO ST. LOUIS Brastllaa Aerdaaat ta - Start from Paris la Couple at Weeks. " i PARIS, Deo. 18. Santos Dumont wtn start for St, Louis In a fortnight to as range for the Installation ot his huge dlrig- balloon "Santos Dumont No. V and the hydrogen generators, and to learn the quality of the gas preliminary to . taking part In the dirigible balloon competition. SECOND OTTAWA FIRE VICTIM Aaether Priest Sneeamba ta Injarles Reeelve4 la Recent University Conflngsatlea,' OTTAWA. Ont, Dec. IS. Father Mo- Gerty, a victim of the Ottawa university fire. Is ead from his Injuries. Kvaas la la Hawaii. HONOLULU. Dec. 16. The Raleigh, Cincinnati, Albany and Pompeii ot the United - States Northern Asiatic squadron, under command ot Rear Admiral Cooper, arrived here ' today, from ' Yokohama, via Midway Island. Later In ths day Rear Admiral Robley D, Evans, commander-in-chief ot the Northern Asiatic sauadron. arrived en the flagship Kentucky, accompanied by ine Datiiesmps vvisoonsin ana urrgon. GREAT NORTHERN THREATENED Ia Trial Nan Charge with Threat Faets Develop. HELENA, Mont.. Dec. 18. It developed today at the trial ot Isaao Gravelle, charged with dynamiting Northern Pacific trains, that the Great Northern railway had received a threatening letter mailed two months ago from Cascade, Mont., in which demand was made for 815,000. The state asserts that Gravelle wrote the Cas cade letter. Most of ths time of .the prosecution so far has been taken up In. an effort to prove the handwriting f Gravelle and to connect htm with . the letters demanding money from the Northern Pacific I JR S J Q BRIBE THE MAYOR ' tractor at Kaasas City, v Kaasas. KANSAS CITY.' Dec. 18,-Mayor L. R. Gilbert of Kansas City, Kan., testifying before the grand Jury la that slty today. la aatd to have told of being offered (5.0M by a representative of the brick paving trust so-called, to appoint as city coun sellor a man who would favor the trust In the awarding of contracts. This wss the second time, according to Mayor Gilbert's testimony, that he had been offered a bribe. MARINES FOR THE ISTHMUS ComHtucUit of Oorpt Organises Permanent Battalion for Caribbean Ba Berrio REYES IS NOT BEIN6 INTERVIEWED Colombian Minister Refnses ta Dis ease Address af Asslataat Secre- mry Loemls at Qalll Clab, bat Works aa Statement.. WA8HINGTON. Dec 16-The speech of Assistant Secretary of State Loom night at the banquet of the Quill club in New York. In which he laid bare some pertinent facta regarding the attitude of Colombia toward. the Hay-Herran treaty, was the subject of considerable gossip here today, and there was much speculation aa to the effect It would have on the future course of General Reyesi the special en voy of Colombia now in Washington. Vhen seen today General Reyes admitted that he had read Mr. Loomts address, but de clined to make a statement. , 'I am a diplomat," said he, "and It would 111 become me to make any com ment." " General Reyes Is still engaged In the preparation of the statement which will be submitted to the State department. and while refusing to disclose the nature of It. said that much of it will be devoted to an argument setting' out the reasons why the United States should see . to It that Panama . shall assume Its share ,of the Colombian debt. General Reyes Is uncertain when he will file the document 1th the department, but he thought It would be within the next few days. , Prepares Corps of Marines. At the Instance of Secretary Moody, Brigadier General George F. Elliott, com mandant of the marine corps, has Issued orders for the formation of a battalion of marines to be known as the Caribbean battalion. This battalion will be regu- larly attached to the Caribbean sea squad' ron, though Its Immediate destination la Colon. It will be assembled at Philadel phia as rapidly aa possible and the Dixie has left Colon to return there with the new squadron. A cablegram to the Navy department. dated Colon, December 16, says that all Is quiet on the northern ooasT. It Is as sumed (r Admiral , Coghlan's dispatch that the Atlanta and the Mayflower have finished- their reconnolter and have given 10 tho department Positlvs Information. mi cruiser viympio, wmcn naa unner gone repairs at the Norfolk navy yard, will sail tomorrow for Colon for service as the flag ship of Rear Admiral Cogh Ian, commanding the Caribbean squadron. It Is probable that the Mayflower, now serving as flag ship, will come to Washing ton on being relieved by the Olympia at Colon, . - Panama, Treaty Returns. An expressman brought the Hay-Bunau- Varilla canal treaty, inclosed In a largs steel box, to the Stats department today. He also had two tin bound boxes which contained the keys to tho big steel box and the smaller box contained within, contain ing the treaty. Until the boxes are opened the State de partment officials cannot tell' whether the enclosed treaty Is the original treaty, drawn here, countersigned In Psnama and re turned, or whether It Irfttfhe ordinary rati fication supposed to have existed In Pan ama. Minister Bunau-Vaiilla will remain in charge of the treasure until the United States haa either approved or rejected it. If the treaty Is approved he wfll exchange this copy with one proposed ty the State department, thus completing the negotia tions and putting the convention at ones Into action. Englaad and Holland Are Coy. Fending the result of the efforts of Gen eral Rafael Reyea to prevail on ' Panama through the Washington government to as sume Its portion of the Colombian dobt. It Is not expected that Great Britain, or tbe Netherlands will take any steps toward officially recognising the new republic. This delay, It ts explained, is due expressly to the London and. The Hague govern ments to Interests who are the. largest holders of Colombian bends and not as sig nifying sympathy on the part of these two nations for Colombia. It can be fur ther stated that Great Britain and the Netherlands regard the, isthmian incident closed chapter of International history. to which they havs already subscribed their unofficial approval. Panama Receives Maaltloaa. COLON, Dec 14 The United States aux iliary cruiser Dixie is still alongside the dock here landing stores In which are Christmas cheer, camp material, etc It disembarked Its marines, numbering 830, this morning. They all left by train for Empire station, near Panama, where they will be quartered In the canal company's houses. Sixteen machine guns and six auto matic guns accompanied the marines. The Dixlo will sail for Philadelphia today. It is probable that tbe remainder of the marines on the Prairie will be landed In a day or two. The Panama government received yester day, by the steamer Allencia, 500 cases of Mauser and Remington cartridges and 600 oases ot rifles. v The gunboat Bancroft lias returned from Nombre de Dloa. The United States cruiser Atlanta Is still cruising along ths ooast. RA LR0ADS OBJECT TO PRICF FBtoa Faelae and Rack Ialaad to Bay . No Ralls laless Redaetloa , is Made. NEW YORK. Dec It -There Is a'feellng ot unrest In all steel structural Iron work circles. Rumors of ail kinds are easllv found for the ready official denial, although It Is certain that a change In prices forms a serious topio ot discussion everywhere In the trade. A leading official of a prominent western railway system asserts that the Union Pa cine and Rock Island roads havs served notice upon the United States Steel corpora tlon that they will not purchase steel under the prevailing price 828 and win probably demand more than a 12 reduction. The Crucible Steel company, which yes terday passed ths dividend on Its preferred stock, dominates In largs measure the steel billet output. Its attitude toward the steel corporation Is such that Its withdrawal from the billet pool may result, and thl might cause further cuts In that product. SMALL FIRE COSTS TWO LIVES Mrs. Crosby aad Daaghter Ara Baraed Fatally by Flames Orlgt. anted by Caolc Stave, JOHNSTOWN, Pa.. Dec It. -James Cras by's wife, and daughter. Oraoe.ithe latter aged IS. were burned to death In their home In this city today, while a son. James, missing and Is believed also to have per I shed. The fire started front the kitchen stove- californian f goes wrong Secretary at Board at Itegeats Coa- leases ta Taklaa- Faads of IT BERKELEY, Cal., Dep. 16-W. A. Mc- Kowen, secretary of the Board of Regents of the State university, confessed today to President Benjamin Ide Wheeler, that he Is a defaulter to the amount of mono and possibly more. ' Most of the money was lost at the race track. Mr. McKowen has been suspended by President Wheeler and placed under arrest by the local author ities. Secretary McKowen's arrest followed the discovery that he had attempted to pay a racing debt with a check made out to him personally by Mrs. Phoebe Hearst. This check was for tl.ltn and was handod over by McKowen to Bookmaker John Davis in payment of markers on the races for S1.U0. Davis gaVe McKowen 140 In change and de posited the check In the Western National baDk, from which it turned up to expose the affair. President Wheeler said today: I have suxpended McKowen from office pending the action of Governor Pardee, who Is president of the Board of Regents, ana nave piaoea me omce in cnarge wm- Borarlly ot my private secretary, Victor enderson. . From what we have thus Tar learnea it nnoan that McKowen at different times since 1S98 has used sumn of money that came Into his hamln and instead of ie positing them wltb the treasurer whether as fees or donation of the university, has appropriated them o his own'use. He covered this Up so far as we now know, by taking conespondlng amounts from university funds by charging them as expenditures under the head of one or the other of the university funds. He says he has not falsified his bookkeeping by making false entries or In any other way. On tmr nm we know In this fiscal year the loss smounts to S4.J0. The total amount we do not know. He said he thought it would be 120.(100 or more. He had spent It on the race track. President Wheeler spoke highly of Mc Kowen's personality and was visibly af fected in telling bow his trust had been betravad. McKowen has been In the unl verslty about twenty years, Is unmarried and about 40 years ot age. His salary was t2.00 a year. THOUSAND CHINESE ARE SAVED Sammarv of Missions' Report Shows They Have Recently Joined Church. BOSTON, Dec. 16. The American board of commissioners for the foreign board of missions today mnde a summary of Protestant foreign missions. In most "of the Items there Is shown to be an advance over the reports ot the preceding year. The Income ot societies in the Uulted States and Great Britain alone shows an Increase of $2,000,000. ' The statistics are as follows: Stations, S.7S1; out stations, S64; total missionaries, 18,618; native workers, 78.281; communicants. In churches, '1,397,042; pupils under in struction, 1,127,863. The total native con stituency Is 8,613,391. The '.United . States Is represented by SSI stations and out stations and 1,617 men and 2,358 women; 20,901 native laborers; 806. 600 communicants, 41,723 added last year; 2M.937 under instruction: the Income ot the societies reported Is 1.176,845. . ' The missionary work at the Hawaiian islands . having bw.;! ursumed by .. the churches at .the islands,- that . mission disappears this year from the rolls. But that to the Philippines has been added, so that the number of missions' Is still twenty. In the Chinese missions of the American board there are more church ' members by 885 than before the boxer outbreak, while tbe native laborers have increased nearly tnreefoia. The interests of the American board within the empire the Turkish government haa failed to recognise aa It should. The United States government is seeking to secure the same privileges for American missionaries as have been granted the subjects of other nations. ROCK ISLAND REORGANIZES Company Rearranges Its Operating Department to Suit Aeqelaition - ' ot 'Frisco System. CHICAGO, Dee. 18. Tho operating de partment of tho Rock Island railway ,ys- tern has been reorganised. The system- hereafter will be divided Into three grand divisions the central, the northern and the southwestern with a general superintend ent in charge of each. The central district comprises the Chicago Terminal,. Illinois, Iowa, Nebraska and Colorado divisions. H. Btlfer will be general superintendent with headquarters at Chicago. The northern . district comprises - tho Cedar Rapids, Dakota and the Des Moines valley divisions. H. H. - Cable will be gen eral superintendent, with headquarters at Cedar Rapids. 1 The southwestern district comprises the Missouri, Kansas City Terminal, Kansas, El Paso uid the Oklahoma divisions, J. M. Gruber will be superintendent with headquarters at Topeka, Kan, . U I. Miller, who haa Just been appointed general manager, will havs control of the central and northern districts, but not ot the southwestern district J. M. Gruber, general superintendent of the -latter dis trict, will report to John F. Stevens, fourth vice president, in ctej of ' operations of ths entire Rock Islarid-'Frisoo system. ST. LOUIS IN RATE STRUGGLE Committee at Grain Shippers Reported 'to Have Started Fight on . Omaha "Discrimination." ST. LOUIS, Dec. 18. cBpectal Telegram.) Because of discrimination In ths Omaha rate a committee of St. Louis grain shippers had oonferetxe with General Freight Agent J. C. Lincoln of the Missouri Pacific and got from .him an order to. western agents to raise the rate 4 oents. They want 8 cents additional put on, saying St Louis trade Is being diverted. At the local offices of ths Missouri Pacific nothing had been heard of any proposed changes In the Omaha-fit. Louis rates, but It was thought perhaps ths changes under consideration were to Arkansas points, as soms word was receiveo a rew days ago regarding proposed changes In ths rates to some points In that stats. BUSHNELL'S SHORTAGE GROWS Casbter at Yale National Bank Was at Least Seveateea Tboasaad Dollars Behlad. NEW HAVEN Conn.. Dee. 18. An ad dltlonal shortage or xz.ooo, making tbe total thus far known 817.000. has been discovered In the accounts of Ass B BushneU. the cashier of ths Yale National bank, who committed suicide. General F. 8. Greely, preeident of ths bank. thinks the full extent of defalcation, has been learned. AGITATES ARMY OFFICERS Creation of Diviiioci tbs All Aliorblnf; Topio of Disouuion. PREDICT IT WILL RESULT IN FRICTION Senator Millard Notifies Fresldeat He Has No Objectloa to Reappolat ment at I'alted, States Mar sbal Matthews. (From a Staff Correspondent.) WASHINGTON, Dec 18. (Special Tele gram.) There has been a great deal of speculation today In army circles over the order Of the general staff creating divisions out of departments at presents in ex- Istence. And much of this speculation has bee coupled with criticism of the manner which division headquarters, are ordered established. . Chicago protests against the northern division, which Includes the De partment of the Lakes. Department of the Missouri and the Department of Dakota, being located at St- Louis. Omaha llkewlxe protests against what seemingly Is a slnp at the Department of the Missouri. , Even Kansas City raised Its voice and protests against the selection of Bt, Louis as divis ion headquarters. Since the promulgation of the general staff order creating the mll- nary divisions which will be presided over by major generals, top grade officers of the staff have commenoed to reallxe what they may expect In the future. General Adns R. Chaffee ts assistant to the chief of staff,, and speaking or tne order creating military dlvlFlon said today that it was not the purpose of the general staff to change any of the present depart ment headquarters. "These divisions," said he, "were created for the purpose of giving officers who will be assigned to the itivtalnn'a territory commensurate with their rank. It will possibly exalt the off!. cers. They will be surrounded with a staff mi ,ui,h iii-r-al heln as Is necessary to supervise the extensive territory lnoluded In military divisions. St. Louis." said Gen eral Chaffee, "was selected as the head quarters ot the northern division becauss if you cast your eye over the territory in cluding that division you will And mat city most admirably situated" toward tne whole territory Included in the northern division. We found on looking over the situation that it would- not be at all ad vantageous to have both the divisions and department headquarters located in the same city and Chicago was rulea out on that coin as well as Omaha. The division commander will not havs with him any of h. annnlv denartmenta of the army. Ills duties are those of supervision. The head- quarters of the various departments will remain as now and there should be no un easiness. Tho creation of division head quarters Is but following out the general plan of the general staff." Predicts Trouble. While General Chaffee was outspoken In setting forth the plans of the general staff, at army headquarters today It was in timated that in a little while the division commanaur would be taking unto himself powers not at present contemplated by the staff. As one well known officer put It It will only be a little whlln bofors there is friction between the division commander and the department commander. The di vision commander, not having himself sur rounded with division quartermasters, di vision oommtssaries and division paymast ers, hs said eventually, this will mean ths present headquarters of the several de partments will be merged Into '. division headquarters. While everything seems to be purely of a supervisory nature now, su far as the general staff Is concerned, it will not be many moons before changes In department headquarters are brought about unless congress steps In and refuses to ap propriate money for division headquarters purposes. Already the general staff Is making Itself felt In the headquarters ot the army. Chiefs of bureaus who have had years and years of experience are find ing that their recommendation ara being appropriated by the general staff and In some cases tho general staff had already taken to' Itself credit for the Innovations mads In ths pay and quartermaster's de partments which were recommended long before ths general staff cams into exist ence, In consequence of this there cannot nlP but be friction and It would not be at all surprising If this friction was car ried to the military committee of the house of congress and the appropriation for tbe army lor the fiscal year iw very ma terially reduced over that of 1904. Move Clerks from Saa Jaaa. W. E. Andrews of Nebraska, auditor of ths Treasury . department has had his office force consideraMy lncressed by the arrival of clerks from the customs divi sion of Porto Rico, which division will now be directly under the control of the auditor of the Treasury department In stead c.c under the auditor of Potto Rico, as heretofore. This change was hrougnr about because a uniform system of check ing la absolutely necessary in handling customs accounts. - The change was brought about through the application of tho auditor of Porto Rloo. who desired a uniform system of accounts, and which somehow or other seemed Impossible to obtain when ho far removed from the oflioer having oharge ot the auditing of accounts. ' Tho auditor for Porto Rloo has a customs division corresponding to ths customs division In the Treasury depart- ment, which has charge or the settlement of tho Porto PJuo custom accounts. unaer an oraer or tne secretary or tne treasury the auditor for Porto Rico has been forwarding customs accounts to the auditor for the Treasury department for revision and administrative and advisory purposes. The auditor for the Treasury submits In turn his notations and findings to the secretary, who makes use of these' In his reports. It was found, however, that the distance between San Juan and Washington made It Impossible to get tne aovice ana information desired upon certain accounts as expeditiously as de- tired and It was therefore decided to bring the clerks from San Juan to Wash ington, where under tbe direction of the auditor the customs accounts of Porto Rico could be kept in exactly similar man ner as thoss kept for other sections of the country. These clerks arrived today and are now at work under Mr. Andrews' supervision. Ths change In location of the clerks In no wise affects A. R. Crusen, collector or customs for Porto Rico. . LoakS Like Matthews. Senator Millard called on ths president today about ths appointment of ths United States marshal for Nebraska. Ths tsrm of T. L. Matthsws, ths present marshal, ex pires on the Irth of this month. It Is un derstood that ths senator stated to ths president that Senator Dietrich and ths publican members of ths house from Ne braska havs recommended the reappolat ment'of Mr. Matthews snd .that he had no objection to the appointment being Sent In. it is oeuevea mat Mr. Matthews' appoint- ICouUuued ea soceud Pag4 Nebraska weather forecast Fair and Warmer Tharsday Friday Snow aa Colder. Teaaperatare at Oatnha Yesterdnyl Foar. Dear. Hoar. lies;. I i, 1l t p. m a. at..,.,. 1H a p. m Su T a. m IT a p. as ' N a. m...... 1U 4 p. m...... ST O a. la 1(1 Ti p. m XI 10 a. m IN l p. m Sfl 11 a. sb go T p. m ..... . 12 ca Xil a p. m...... p. wn SM FIRE AND FLOOD PLAY HAVOC Render Mlllvale ropalaee Homeless aad Rob Patersoa Thnasaads of Employment. NEW TORK. Dec. 1.-Nearly 4,000 per sons will be Idle in the Hcfledon district of Peterson, N. J., for several days because ot the bursting of a small dam, which let loose the waters of Hopper's pond and flooded an area of thirty acres occupied by several large factories. The flood subsided immediately, but ma chinery was coated with Ice, making opera tion of the mills Impossible. The water filled the basements of many buildinga and soon frose. Streets for miles around also were coated with Ice, The loss will amount to several thousands. PITTSBURG, Pa., Dec. 18. Between 76 and 100 people were rendered homeless this morning and driven out Into the cold, with nothing but their nlghtclothea, by a lire which destroyed the planing mill and yard of the Bennett Lumber and Manufacturing company at Mlllvale. Pa., and partially de atroyed a doxen houses adjoining the burned mill property. For a' time the entire town was threatened. The loss will not exceed 150,000. MRS. MANNING IS ELECTED Albaay Worn a Easily Wlaa Presl- deecy of Woman's Board of - Fair Manna-era. ST. LOUIS, Dee. 18. Mrs. Daniel Man ning, Albany, N. Y., was today elected president ot ths World's Fair Board of Lady Managers, vice Mrs. James L. Blair, resigned. She received thirteen of fifteen votes. - . Mrs. Manning had no opposition. Sha was nominated by Miss Helen Gould, who made a short speech reviewing her qualifications. A resolution was adopted calling on the national commission to suspend the, rule limiting the number, of members of the beard to twenty-one, so as to elect an ad ditional member, presumably Mrs. John Davis of St Louis. - The operations of the Board of Lady Managers were transferred to the adminis tration building on . ths World's fair grounds, where yesterday's sessions were continued. After the election of Mr. Man nlng and the transaction of some dthor business the board took a recess for lunch. after 'Which tbe members made a tour of the grounds. " - f LEAP TO ESCAPE; FLAMES wreck Victims Have ta Jump from High Treatle One Cansht and ' . - entirely Consumed. FORT SCOTT, Kan.. Dec 18. Two men lost their lives, on was fatally hurt and several others were more or less severely Injured In a collision -of two sections of a freight train on a long bridge on the 'Frisco system south of Pawnee, Kan., fifteen miles from Fort Scott, early today. The rear section ran Into the forward section. P. M. Hermitage of Monett, Mo., a brake- man who was riding on the engine of the rear train, was pinioned between the cab and tender and burned to death. Other members of the crew found themselves In precarious ' positions and were forced to Jump from tbe high trestle or be burned to death In ths wreckage. Hermitage was roasted alive In view ot other members of the crew, who were un able to help him. He begged to be killed and be put out of his misery. W. E. Wll lard and H. J. Kemper, brakemen. are be lieved to be fatally hurt The bridge burned under the wreck and one engine and sev eral cars want down. LOOKING FOR AN EARLY END Federal Grand Jnry le Expected to Finish Its Work and AdJonra l ' - Soon. It I thought ths federal grand Jury may' conoluds Its work, make a final report and adjourn this week, though no positive In formation la at hand to confirm this belief. The Jury was busy yesterday with wit nesses In different cases. A witness or two testified yesterday In the matter of the statement dictated and signed by Dr. W. IL Banwell and printed In The Bee last week In which the doctor exonerated Ellott Lows of ulterior motives In the matter of the disposition of the Alma postofflce. Other witnesses In Indian land reservation cases were examined. M. J. Arnold of Beatrice, ths new fore man who was appointed Tuesday by Judge Munger to succeed Frank White, excused, acted In his official capacity yesterday for ths first time. KANSAS CITY GETS CONVENTION Rational Prohibition Party Will As semble There Jaaa 88 ta gem I- -aats Candidntes. CHICAGO. Dec. It The prohibition na tlonal committee met here today. Tbe total representation, including proxies, was forty six. June 29 was set ss the date qf the con vention. Speeches Were mads In behalf of Los Angeles,, Kansas City, Indianapolis, Columbus, Buffalo, Baltimore and Detroit for the location.' The report of the trees urer showed 87,473 In the treasury for the presidential campaign of 1904. The national convention of the party will be held at Kansas City, Mo, tbs executive committee deciding on this late this after noon. CONSOLIDATE CITY SERVICE Light and Traasportatloa Systems af Sslt Lake Merged la Oae . Campaay, . ' . SALT LAKE CITY. Dec. 18.-At a meet ing of the stockholders of ths Utah Light and Power company today . the directors were authorised to consummate ths pro posed consolidation of that company with the Consolidated Railway and Power com pany. By the consolidation not only all the street railway's lines In Salt Lske City, but the entire gas and electrio lighting system of tbe city will come under one management- The present combined capital of the two compaule U about 84,000,000, REVENUE LAW VALID 8nprom Court Upholds Kw Act in an Unanimous Opinion. INSURANCE COMPANIES LOSE THEIR CASE Stats Eat Elgbt to, Tax Grois Inoomo. Them on OTHER SECTIONS ARE NOT PASSED UPON Court Decline! to Consider Question! Sot Properly Be for It OPINION WRITTEN BY JUDGE SULLIVAN Right af State to Assess Property and Privileges I'pheld, bat Coart De N rllnes to Give Advice to Assessors. (From g Staff Correspondent.) LINCOLN, Dec. l,-(Speclal.) The vl- preme court at 1:30 o'cloc this afternoon, in an opinion written by Chief Justice Sul livan and concurred In by Judges Holcomb and Sedgwick, declared the revenue law enacted by the late legislature to be con stitutional. - A second opinion, written by Commissioner Duffle and concurred in by Commissioners Letton and 1 ' Klrkpatrlck, was allowed to be filed through -he cour tesy of the court and this also upheld tht law. Commissioners Duffle and Letton hav ing receded from their former position that the Insurance sections were bad. Both opinions were the unanimous decision of tbe court and the commissioners, the sec- ond having no voice on the final ruling In ; the case. . The result ts that H. E. Palmer and Ralph Breckinridge do not get their writ to compel the city tax commissioner of Omaha to enforce the old revenue 'law. While upholding the law as a whole, the court refused to pass upon any section against which a specific action had not been brought and stated that It was out of Its ' province to say what sections were bad unless ' the matter came before it In a specific action. ' Syllabus and Oplnloa, Chief Justice Sullivan In his syllabus aayn: ' The state may. Impose such conditions Bn llmlt.tlnn. mm it mmm At i.,m 4 , . h I . corporations seeking the privilege of doing business In this state. - A general revenue law will not be de claretl unconstitutional on aocnunt of dis criminative provisions if such provisions may be rejected and the law enforced with- . out them., . This' court may not attempt prior to an actual controversy arlnlng, to direct the officers charged with the enforcement ot a law relating to their duty la putting It In Operation. The opinion la as follows: Tbs question to be ecldsd In these 'cases Is not whtithor pa-tlcular- provisions of chapter ixxlll of the session laws of !!! are va!Id or l.saly Just, but whether ths act considered as a whole is a constitu tional expression of the will of the legis lature. Objection especially urged agsinst those sections of the act defining the man ner in which Insurance companies are to i be taxed,- and It ts said that the law dis criminates against the property of foreign Insurance companies and In favor of do mestlo co mo rations of tbit charaotnr. "Re lating to the previwinna of sections (8 and SO 11 la nlaln that the tax of Mr cent unon the gross earrings ot tne toqnpsnjcs men tioned in these sections Is a ti. Imposed not upon their property, tut upon their r-rlvl'er of doing builnesk In tals state. That tne state tnay Impose such conditions and limitations upon foreign corporations seeking the rvll'ire ct conducting their business in this Jvt as it sees fit la rot a queti9n open to discussion. Such com panies have no authority to ttvnsact busi ness in this state without the consent of the state, and when they seek the privl-t-re they must comnly with the conditions Imposed. After coming here their property rnnt tie dealt with on terms of equality with the property of the eitisens. It Is subject to no further burden In the way of taxation than Is imposed upon the resident, but for the privilege of doing business hero thev mUHt submit to such confllllons as the vuiiiun baps fit to moose. The tax torn- fialned of Is not In sny sense n lax upon he property of these corporatloss, . but a privilege tax, and aa sucn is wnouy unoo- Jectlonable, -, , . : , .' Companies Mast Comply. Section 58 ot the act relates to fire In- rurance companies organised Under the laws of any other state or country and transacting business in tr-'s state. These ccmpaules are required to report the groxa amount ot premiums received by them for insurance wniien upon pmiwrij . wuiun this state during the preceding year, and such gross receipts are to Tie taken as an Item of property of that value, which Is to be assessed, and taxed on the same per centage as other property. Section 81 re lates to life, fire or accident insurance and surety companies organised under the laws Of tnis Sttus ana aoing Dii'inmi on mo premium plan. These companies are to reoort the gross amounts of premiums re ceived for all Nebraska business done with in the state during the preceding calendar year less tne amount ceneu to oinei com panies as reinsurance through regularly Organised . agents In this state and less premiums returned on cancelled policies; S'irh gross receipts, less ths deductions al'owed. to be tnken as an Item of prop erty of that value and assessed and taxed on the same percentage s other proptrty. It Is clsimed that ths law in so, far as It allows the dometlo comoanies to deduct from their gross receipts ih amount paid for reinsurance end returned and cancelled policies, dlpcrlmlnatps In favor of the do mestic company and Imposes ah undue bur. don upon the property of the foreign cor poration. Without at thlr time stopping to constrne these two sctlons snd deter, mine their exact meaning, we are of ths oplnloa that the foreign companies, if dis criminated against, may uccesafullv con tend that the discriminative provisions are Invalid and that ths law must be enforced without them. Such companli-s fan essilv obtain redress In s proper proceeding, and in snv view of the matter, we are not, we think, required either by sound reason or legal necessity to declare the whole law unconstitutional.' ' - , Single Defects Hot Fatal, It ts not every defect In the law, and especially In a statute of this Importance, devised for the put pone of piodurlng rev enue for the state, where the businexs of the stale and of every municipality therein Is at Htake, that i-rquites a court to de clare the whole law Inoperative and void If, by proper proceedings, the citizen preju diced by the operation of the law may se cure redrea. it l far better that he should be required to take these proceeding!! than that the very life of the government should be imperiled. This seems to be the cur rent of authority. The ftdcrul banking act allows the state authorities to tax the shares ot ruittoiiu! bunks "subject only to the two restriction, that the taxation shall not be at a greater rate than Is assessed upon other niunvy capital in the hands of fnilivlduul citizens of su:h state and that the shares of iany national banking association owned by non residents of any stale shall bo taxed !r. city or town where the bank la located and pot elsewhere." The revenue laws of Nw York allowed parties In that state to deduct i'rom the value of their personal properly al! ust debts owing by them, but proiiiln that no deduction should be mads on ac count of debts from the value of the na tional bank shares owed by ths party. Tills law was sustained by the New York court of appeals, but the supreme court of the ITnltnd States in Supervisors of Albany County agalnat Stanley, 104 II. 8., 3 6. held the law void so far as tt refused tbe owner of national bank sharvs tbe same privilege ext-noed tq ether owners of per.otml prop erty, vis: to deduct their lust itn1,-l,tedm-s from the eawswd value of such shares, but expresxly held that the law was valid (-nl enforcible In ail of Ita other features, and that the Illegal provli-lon relating to the asaesament of national hank ahsrt-s did not have the effect of vitiating the whole law, as the complaining party might cbtaln re dress by other proceedings. 7 Cases la Llae. In Levi against 'City of Louisville, 97 Ky.t rM. It is held that under the t on, lit utlou of Kentucky taxes u rvlnl must be tiy.