Fhe Omaha Daily Bee. Compare The Be War Reports. Lean Head lines But Reliable Reports of All That Happens. When The Dee Issues An "Extra," Oet On .Something Has Happened. K E8TA11LIHIIED JUNE 19, 1871. OMA1IA, TUESDAY MOltNINO, MAKCIt 15, 1004 TEN PAGES. SINGLE CC1Y TIIKEE CENTS. MERGER IS UNLAlt; " "" Uaited States Supreme Court Bender, olaion in Horthern Securities Case! " . ' . - ., OPINION IS READ BY JUDGE HARLA V ' Holds that Government Em Proved All of Iti Material Allegation COURT IS DIVIIED ALMOST EQUALLY Font Judges Think Aotion of Hill and Morgan Legal CONGRESS HAS POWER TO REGULATE Br Majority of Ono Coort Defeat PI on to Bring; Great Northern, North ora Pact do and Burlington Too; ether. WASHINGTON. March 14. Tho opinion Of the supreme court pf the United Btates In tho case of tho Northern Securities company against the United States, in volving the merger of the Northern Paclflo Railroad company, was handed down today and was In favor of the government. The opinion was read by Justice Harlan. Justice Brewer concurred in affirming the merger decision, but for different reasons than thst of the majority. The decision was concurred In by Justicea Brown, Brewer, McKenna and Day, while Chief Justice Fuller and Justices White, Peck ham and Holmes dissented. The opinion of tho United States circuit court for tho district of Mineaota was affirmed. The effect is to sustain the contention that the Sherman anti-trust law applies to railroad combinations of the character In question. Justice Harlan sold that in tho merger of the two roads the stockholders disap peared and reappeared In tho Securities company, tho two thus becoming practic ally consolidated In a holding company, the principal object being to prevent com petition. "No schema or devloo could cer tainly more effectively come within the pro hibition of the antl trust law and it is within the meaning of the act a trust." Tho case has attracted more attention than any other suit before tho court since tho first Insular cases were decided and has been regarded by bench and bar as equal In Importance wtlh those cases and with tha lncoma tax case. It was argued In December last for two days, and attracted general attention at that time, as It did previously when the decision was rendered by the circuit court for tha district of Minnesota. Tha action was brought In tho circuit court under tho law of February 11, 1903, which was for the purpose of expediting the case, and was heard by the four cir cuit court Judges of tha circuit. They united In a decision favorable to the United States and opposed to the conten tion of tha railroad companies. Restraint of Trade LalawfaL Hjo .fuU .ws.Jnttt,utd bx the Unltod States against the Northern Securities company and the two railroad companies, the Northern Paolflo and tho Great North ern, and their leading stockholders, for the purpose of dissolving the merger of the two roads, which tha United btates de clared had been created by tha creation of a holding company, the Securities com pany. This consolidation was claimed to be In violation of tha Sherman anti-trust law. It was claimed on behalf of tha government that this consolidation Is in affect a pool, created to promote tha In terests, not only - of one system at the expense of tha other, but of both at the expense of tha public The railroads claimed that tha transfer of tha stock of the two companies to tha Securities com pany was la the nature of a sale and par fectly legitimate. The contentions of th Securities company wmo reviewed, and Justice Harlan said they had received full attention. He quoted the various pinions Involving tho trust question, say ing that from them It Is to be gathered that all contracts In restraint of trade, reasonable or unreasonable, are prohibited by tha Sherman law, and that congress has tha power to establish such regulations as are laid down In that law. Congress had power to enact tke statute. Replying In detail to the points made for tha Beourltiea oompany. Justice Harlan aid that tha contention that tha law la an Interferenoa with the rights of tha In dividual states by which tha companies are fjaoorporated was not well founded. In such cases, ha said, tha authority of con gress la supreme. He also declared It to be unnecessary to determine the right of owners of railroad stock to sell the prop- arty, nor was it true that the right of the Securities company to own and hold rail road stock was the only question Involved. Such contentions are wide of tha mark mere men of straw. All that the govern ment complains of Is the existence of corporation to repress commerce and Is not concerned with tha -other points. Justice Harlan said that In this day there should be no doubt of the complete power of congress to control Interstate commerce; all appropriate means might be resorted to for that purpose; all the prior trust cun were In support of that con tentions Whether free and unrestrained competition was wise, he aald, was an soonomlo question with which the court heed not concern Itself; the question was that of statutory taw. Power of Consress Complete. He asserted the power of congress over Interstate commerce to be as complete as the power of a state over domestic com mere. Coming to the plea of the railroads that the anti-trust law should be declared unconstitutional, he said that the court could not see Its way to that end. "If," he went on, "the Securities company's conten tions are sound, why may not all the rail roads of tha United Btates enter Into a combination and by the device of a holding corporation control rates throughout the country In defiance of congress f" Justice Harlan also took occasion to say that there had been nothing In the Securi ties company's certificate of Incorporation to Indicate Its purpose to be that of de stroying commerce, and ha therefore ab solved tha state of New Jersey from any oharge of such knowledge In advance. It nilght be true that a federal court had no power to dissolve a corporation of a state, but this circumstance could not be an Indi cation of powerleaaness to enforce tha law, than which no corporation Is stronger. No device could suffice to prevent this enforce ment of tha national statutea Tha courts had. Indeed, consistently held to tha supremacy of tha national laws In caw of conflict between those laws and tha law of tha state. So long as congress con Si'td iUelf to Its prescribed functions, ha said, there could be no danger. At any rate the error, if any, was with congress, and It (Continued Second Pga.4 GERMANS TO FIGHT NATIVES I Colonial Governor Report Rrrmltr Cavalry and Two Mounted Batteries. , :RL1N, March 14. -In the Reichstag norning wu announced tha receipt of ,, mtHlge from colonel Leulweln, n r.t lran DnulliBuil Africa r of German Southwest Africa that S00 cavalry, with two mounted . Aiterles, were Indispensable for subduing the Herreroa,' of whom 6,000 were under arms and still occupying strong positions at both enda of the railroad. A bill pro viding for these reinforcements will be In troduced In the House as soon as It can be prepared. The Lokal Anselger aays Emperor William has ordered relpforcements to tho number of 1,000 men, with 1,200 horses, to be sent to southwest Africa. The troops will sail as soon as possible. KING HOLDS SECOND LEVEE Aurrlrais Are Presented to Ruler of Great Britain at Formal Function. LONDON, March 14. King Edward held the second levee of the season In the Throne room of St. James' palace at noon today. Large crowds lined the route along which the king tfrove In state from Buck ingham palace. The diplomatic corps wna strongly represented, including Ambassador Choate and other members of the United States embassy. The attendance of cab Inet ministers, naval and military officers, peers and members of the House of Com mons was also larger than usual. The Americans presented by Mr. Choate were Walter Neef of Chicago and Herman Kln nlcutt and Louis Hay of New Tork. TALKING OF FROZEN MEAT Question, of Effect I'pon Oonsnmers I Raised In Ilonse of Common. LONDON, March 11 The question was raised In the House of Commons today whether chilled or frozen meat has any injurious effects on consumers, and espe cially whether such meat contributes to Increasing the number of coses of cancer in the United Kingdom. President Long of the local government board, said that wh: he had no in formation to the abovo effect, he thought the matter might properly be referred to the royal commission of Inquiry Into the causes of cancer, which is now sitting. CHAMBERLAIN TO BECOME LEADER. Friends Predict Balfour's Overthrow If tho Unionists Are Defented. LONDON, March U In tho lobby of the House of Commons tonight there was much comment upon the unexpectedly early departure from Egypt on his return to London of Joseph Chamberlain. The Chamberlain section of Parliament, glory ing In their triumph on March 9, predict that If the unionists are defeated in the general election Mr. Chamberlain and not Mr. Balfour will be the leader of the oppo sition in tho next Parliament. They also talk of forcing tha government In tha com ing budget to xelmpo tha shipping duty on grain. Mrs. McOormlek Leaves It. Petersburg ST. PETERSBURG. March 11 On ac count of tha miserable weather In St. Petersburg, Mrs. McCormlck, wife of the United States ambassador, has gone to Paris. She may extend her visit to the Mediterranean, but expects to return bare wlinln a month. USE DYNAMITE ON THE ICE Gorge Holds la Spite of Effort to Sre-ak it at Wllb.es barr. WILKES BARRE, Pa., March ll-Efforts to start the big Ice gorge In the Susque hanna river above this city were made to day by dynamiting. Great blocks of Ice have been dislodged, but the gorge remains Intact. An effort will also be made to remove the gorge below this city by tha use of dyna mite. Tha railroad companies have hundreds of men at work clearing the railroad tracks and cutting roadways through tha heavy lea which, in many places. Is fifteen feet thick. M0R0S AREAGAIN HOSTILE General Wood Reports Attack on R connoltarlnaj Fore Which Is Repulsed. WASHINGTON, March 14.-AdJutant General Hal! has received tha following cablegram from Major General Wade, dated Manila, March 13: Major General Leonard Wood reports an attack on a reconnolterlng force east of Cotabato by a strong party of Moros made hostile by tha passage of tha anti slavery law. The Moros' position was shelled, the Moros flanked and the out works taken. They were strong and well constructed. Twenty-one old Spanish can non were captured, as well as thirty-three Lantakas and large quantities of ammuni tion and supplies. No casualties on our side. COLLECTOR JOLLS DEBTOR Colored Woman Wonld Not Pay Grocery BIU and Clerk (Shoot Her and Commit Bnlcldo. LEAVENWORTH, Kan., March 11 WIN Hum Gunsauer, a white man, today shot and killed Mrs. Anna Palmer, colored, the wife of a mill haad, and then shot himself. Three young children of tha woman were the only witnesses to the tragedy. Gun sauer, who was a grocery clerk, had been sent to collect a small account from the woman. Mrs. Palmer refused to pay the bill and Gunsauer shot her. Then seating himself in a chair ha shot himself In tha head. Both were dead when found. THREE KILLED IN WRECK Kansas City Soathera Train Is De railed Near Joplln with Fatal Remits, JOPLIN. Mo.. March U-A Kansaa City Southern freight train was derailed six mllea south of Joplln while running at a rapid rata down tha Saginaw hill. Three men were killed, three Injured and seven teen cars of merchandise demolished. Rteamhoat Clerk Commits Saielda. ST. LOU1B. March 14 -Falling health and alleged domestic troubles led Alexander E. Protcnant. a well known steamboat clerk to commit suU-lde today with carbolic add, at the Home or his brot oer-tn-la w. It. H. Clark, iTotcnsrtts wife and two children are living In Memphis. Tenn. Ha and his wife separated a year ago and he couunuauy prouoa over we miliar. DIETRICH TAKES THE STAND Den lee Earing Allied or Received Anj Enm' for Appointment!. EXPLAINS RENTING OF THE BUILDING Adam Breede Denies Offering Money for Appointment or Even Being; an Applicant for Position of Postmaster. (From a Staff Correspondent.) WASHINGTON, March 14. (Special Tele gram.) The feature of the Inquiry Into the charges against Senator Dietrich, now being conducted by a special committee of the senate, was the testimony which Sena tor Dietrich gave today. Two days have already been devoted to hearing testimony on the part of the government's witnesses. Toduy Senator Dietrich decided to take the stand. Waiving his right not to t sworn, which Senator Hoar, chairman of the committee, said was his right, as It was the practice of the senate never to swear a colleague on the ground that all senators held equal rights. Senator Diet rich stated that he desired to be treated as other witnesses and the oath was ad mlnlntered. The witness stated that he w:is Inaugurated governor January 3, 1901, and served until April 30 of tha same year, when he resigned to take the oath of office as United States senator, to which position he was elected on March 28, 1901. That while governor he had been waited upon by friends of Jacob Ftoher of Hastings to appoint the latter oil Inspector. That hav ing had a continuous friendship with Fisher for twenty years, ho objected to appointing Fisher to tha place on the ground that it would necessitate Fisher breaking up his home in Hastings and removing with his family to Lincoln. He stated to Fisher and the friends who ac companied him to the governor's office that Instead he had decided to recommend Fisher for postmaster at Hastings upon the completion of Hahn's term This was entirely satisfactory to Fisher, who saw the wisdom of remaining with his family in Hastings. The witness said he believed his recommendatilon would have weight with whoever was elected sen ator, tha senatorial fight at that time be ing at white heat Ha did not sea Fisher to have any definite conversation with him until after his election as senator, when Fisher and J. D. Mines called at the gov ernor's office to extend their congratula tions upon his election. That in tho course of the conversation Dietrich stated to Fisher: Pledare to Fisher. "I guess now there will be no trouble In getting the United States senator to ap point you as postmaster." Then and there Senator Dietrich pledged Fisher that his name would ba reoom. mended fur tha plaoa. in answer to a question by Senator Hoar, Senator Dietrich stated that ho had nover received a cent for appointing any person to any position, either as governor or senator, nor had he any knowledge of any person who demanded a penny from such appointees for their appointment. in tha strongest terms possible, the senator denied that Jia had paid D. E. Thompson 114,000, which. Williams had testified to on Friday that Fisher had said to Williams that Dietrich paid toward Thompson's campaign expenses. He went further and said that he had never paid Thompson a cent nor had Thompson ever suggested to him that such , recompense should ba made. The witness denied ever having; seen Fisher, Mines and other Hast ings friends In a room in Lincoln when tha conversation alleged by Williams took place. It waa a clear case of tha He direct being given to Williams. Fisher and Mines were called later to testify to this same conversation and both witnesses corroborated Senator Dietrich. Building; Was Daughter's. Benator Dietrich further stated that he had Informed his brother-in-law, John Slaker, wnen rue daughter. Miss Gertrude Diet rich, received an Inheritance from her ma ternal grandfather, that it was his Inten tion to put up a building In Hastings with the money received by his daughter, ndd to it whatever was necessary and whan completed deed it to his daughter. That ho had done this, although the deed was not executed until ha came to Washington In the fall of 1901 after his return from the Philippines. Mr. Dietrich then told of the manner in which the contract for tha Dietrich building came to be executed, stating that he ,Jiad entered Into an agreement with the Postofflce department while governor to let the building for 11.800 per year. That later the government thought the price was too high and he agreed to let the building for 11,100 per year provided the government would supply heat and light. That tho fixtures were purchased from the Grand Army of the Republic and jald for by Jacob Fisher, who said he wduld rather pay for the fixtures himself than go out with a subscription paper and so licit subscriptions. That Fisher had prece dent for paying for the fixtures, because every postmaster in many years bad paid for the fixtures except one. Senator Dietrich stated that he had never received a cent for the rent of the build ing, the rentals all going to his daughter, and that the rent for the back room, about which so much had been said, and which Fisher leased for $300 a year. Francis agreeing to stand half of the rent, was also deposited to her credit. Asked If he would have deeded the property In question to Miss Dietrich If he had not been elected senator, Dietrich replied: "Certainly. I told 8Iaker when I began building that I proposed to finish It and give It to my daughter so that from the rents she might have a balance at the bank of her own. Other citizens of Hast ings knew of my Intentions." Throughout his testimony Senator Diet rich showed that he was aiming to give the committee every opportunity to get at the facts In relation, not only to the lease of the bul'dlpg. but to the appoint ment of Jacob Fisher. Breeds Never a Candidate. Adam Breeds of Hastings, who was al leged to have offered 12,800 for the Hastings office, testified that he was never a can didate for the office; that he never di rectly or indirectly had Intimated to Sen-, ator Dietrich that ha desired to be con sidered for the place, neither had anyone intimated to hlra that he might receive the appointment for a consideration. Ha denied every statement made by Hahn and Williams as to his alleged candidacy for the position. Frank N. Clarke of Omaha, who arrived In Washington this afternoon, was called and related a conversation had with Fisher and Francis, in which Fisher had told of the purchase of the fixtures and Fisher asked Clarke whether ha (Fisher) should turn states evidence. "If what you have told me Is true," Continued oa Seooad Page, wrangle without results City Electrician i nnd Electric Com pany Officials Debate Overhead Mire Matter. Spirited arguments between City Elec trician Mlchaelson nnd President Nash and General Manager Iloirirege of the Omaha Electric Light and Power company as to the practicability of using ornamental cor ner Iron pouts down town, instead of sus pended arc lamps over intersections by means of wooden poles, occupied the at tention of the council for an hour yesterday afternoon. In the end no action was taken and the resolution directing the corpora tion to make the change still hangs lire. Tha electrician charged that the electric light company had violated the conduit ordinance by fulling to use the corner posts, because It' had filed plans showing that such a method of swinging the lamps would be used in the business district. He Bald his principal object in advocating the change proposed was to avoid the certain danger that exists; In the second place, to benefit the appearance of the streets, and third, to lessen the chances of darkness during stormy or windy weather. Mlchaelson contended that the council resolution authorizing the wooden poles and the overhead connections was illegal, be cuusc It sought to repeal an ordinance, which it requires a like measure to do. He had examined tho pluns filed by the electric light cotripany and found it to pro vide for iron posts. President Nash and General Manager Holdrege declared against tho chango be cause, they said, the lighting would not ba as good or as uniform. Mr. Nash said ha had bought Iron poles and sold them again after it wu found they were not needed. He maintained that "Omaha is the best lighted city in the world, In the business district," and said that the trolley wires and other wires down town wore as dangerous as the light wires. The latter statement was disputed by Mlchaelson. FIRE AND POLICE MATTERS Long- Executive Session Followed by Settlement of Minor Depart ment Affairs, i Members of tha Fire and Police board spent tho greater part of their time at their regular meeting last night In execu tive session. Annual leaves for ten days each was allowed to the following patrol men, the date to be fixed by the chief of police: S. E. Flske, Dan Davis, J. E. Johnson, J. R. McDonald and Albert F. Lambert. A letter of resignation from Henry Wilson, driver of Hoso No. 8, was accepted. Three old fire horses were sold to A. B. Dlllranoe for 1140. The board ap proved the sale. Firemen Ellington, Bow ham Simpson and , Tobin were appointed temporary lieutenants for ninety days, and W. Oliver. P. Miller and W. M. Welsh were placed on the reserve list for Bre men. Firemen Ellington applied for and was allowed two days' leave. Two members of the fire department were before the board in falling to respond to alarms and this led Mr. Broatch to speak ing his mind pretty clearly on the sub ject. It appears that there have been a number of cases of failing to respond of late and he said that the board had come to the conclusion thitt the practice, must stop. "We have bean lenient with the past offenders," he soldi "but hereafter anyone before the board charged with violating the rules and regulations of the department will be taken to task severely. We are about tired of these constant com plaints." DAKOTA C0UNTY LOSES SUIT Bridge Company Not Liable for School Tax Levied In Sooth Sioux City. Judge Munger handed down a decision Monday evening overruling the motion for a rehearing In the case of the Sioux City Bridge company against the County of Dakota, Nebraska, and others. Suit was brought several weeks ago by the commissioners and county treasurer of Dakota county to recover school taxes levied by South Sioux City against the bridge company on that portion of its bridge lying in Dakota county. The bridge company contested on the ground that the portion of the bridge against which taxes were levied was not In the school district of Dakota county, and that while tha ap proach may have been, there was no way of determining how much of the bridge proper was subject to taxation, as the bridge and approach constituted practically a single structure. At the original hearing In the United States circuit court the court held that there was no means of separating that portion of the tax upon the approach to the bridge which lies within the limits of the village or school district, conse quently the whole of the tax was invalid. The application for a rehearing Is there fore denied and the tax Is declared void because of including a part of the ap proach or bridge outside of the corporate limits of the district with the portion within the corporate limits of the district, and consequently there was no way of deter mining what part of the levy was valid or invalid. INSPECTS THE LOCAL GUARDS General Daairett Looks Over the Thurston Rlffes and Omaha Gnards. The Omaha Guards and Thurston Rifles last night underwent their first annual In spection by an officer representing the na tional government. General A. S. Daggett, U. 8. A., retired, who had been assigned to the Nebraska National Guard, performed the Inspection In the respective armories. The scrutiny was largely into the books, accounts, equipment and quarters of the companies, little time being given to the demonstration of proficiency In the manual of arms. The guardsmen, without notice, were ordered to appear In heavy marching equipment, which with no warning the general Inspected minutely. Each Inspec tion required a full hour and there were no audiences. Comment on the condition of the companies will be withheld by the general until ha makes his report. Tonight he will Inspect the Millard Rifles end the South Omaha cavalry troop. DOUBLE TRAGEDY IN KANSAS While Temporarily Insane Herman Remert of Great Bend Shoots Wile and Then Kill Self. GREAT BEND, Kan., March 11 Herman Remert, a farmer living near Helxer, north west of here, while temporarily Insane, killed his wife and then himself. While Mrs. Remert was preparing a meal Remert stepped up to her without warning and fired a bullet Into her temple. She died almost instantly. Remert than went to another room and shot himself. Ha was In poor health. PORT ARTHUR IS UNTENABLE Such ii the Opinion of British Experts Whe Discuss the Situation. JAPANESE NAVY WILL NOT BE DENIED Military Men Do Not See How Place Can Long Be Held If Russlnn. Army Retires Into Manchnrla suid Leaves It 1 nsnpported. (Copyright, by New York Herald Co., 1904.) LONDON, March 15. (New York Herald Cablegram Special Telegram to The Beo.) Premature, so far aa the latest report received here this morning tells us, Is the story that Port Arthur has been either evacuated or captured by the Japanese. At the same time, Judging from dispatches received from all sources, there seams an impression that the Russians are prepared for what is the Inevitable outcome of Ja pan's complete control of the sea. Com menting on the situation. Rear Admiral Ingles, writing in tho Daily Telegraph, this morning, says: "It is perfectly certain to my mind that the Japanese navy has decided that the capitulation of Port .Arthur has become an immediato necessity. Nothing will now stop Admiral Togo unless It Is an Immedi ate negative from the emperor himself. The retrocession of port Arthur is, I be lieve, only an affair of a day, and then the whole coast of China Is in the hnnlla of tho Japanese to do what they like with. "Vladivostok does not count further. Details of the naval battle off Port Arthur have only confirmed me in this idea. Even now there are probably mines laid down across the entrance to the harbor which will prevent the Novlk and Bayan ever coming out again, and as the power of the forts and their supply of ammunition becomes less and less,, so the cordon of ships will be drawn tighter and tighter. The navy has got its teeth into Port Ar thur, and, even after having seen Ad miral Makaroff's first attempt, it is evident that they will nut be denied." The Dally Chronicle's military corre spondent. In the comment on the situation, this morning, says: "Tho difficulties of the Russians at Port Arthur and New Chwang are very seri ous. It Is stated that it Is Russia's Inten tion to fall back Indefinitely till It has 300, O00 troops concentrated for an advance to say nothing of 20,000 more to watch the Chinese frontier. , "That is all very magnificent. But how about their position, when Russia's army has fallen back Indefinitely T Then If Port Arthur has not already given way, it must mean surrender of that place as well as New Chwang and Vladivostok, with or without a struggle. "It will probably Involve the surrender of Mukden as well, not to spjak. of Harbin. But the Japanese will hardly need to fol low the Russian retirement as for as that. With those points In their hands, with Corea occupied and command of the sea assured, they could calmly await develop ments." BEE ONE DAMAGED JAPANESE BOAT. Russian Refugees from Saaebo Tell of Vessel Badly Battered. PORT ARTHUR, March 14. Two Rus sian passengers of the steamer Argun, captured by the Japanese off the coast of Corea February 7 and taken to Sasebo, have returned bete. The passengers say that whl'e at Sasebo February 17, on board the Tokal-Maru, to which they had been transferred, they the Japanese cruiser Asuma brought in tow Into that port. The Asuma was without smoke stacks, masts or bridge and Its decks had been ploughed up by projectiles. The other Japanese prises, the Mukden, Rus sia and Ekatorlntoslaff, besides the cap tured Russian whalers Michael, Nlcolai and Alexander, were alBO at Sasebo when the tassengers left there. They say that the Japanese are refusing to subscribe to the war fund. The president of the Japanese bank, M. Laldem, sacrificed a gold chain and other presents from the mikado to contribute to the fund. The Japanese navy Includes three cruis ers Aduuma, Asama and Summa either one of which might be the "Asuma" re ferred to in the foregoing dispatch. RCSSIAX Flit E COSTS M AN I LIVES Shot from Battery Prevent Japanese from Rescuing" Russian Sailor. TOKIO, March 14. A supplementary re port from Vice Admiral Togo, concern ing the efforts made by the crews of tke Japanese torpedo boat destroyers In action off Port Arthur on the 10th In stant to rescue the crews of the disabled Russian torpedo boat destroyers, reached here today. Captain Shojiro A sal. com manding the flotilla of torpedo boat de stroyers, states that the Japanese would have been able to rescue many more of the enemy but for the deadly fire of the shore batteries and the close approach of the Russian cruiser Novlk. The report also explains that four men rescued were not part of the crew of the Stereguschtcht, as originally reported. When the Japanese rescuers reached the boat, only tha dead remained on board, and it Is believed the living members Jumped overboard and per ished in the sea. Three of the rescued Russians are engineers and two are tor pedo workers. Two were slightly wounded. All were placed on board a Japanese bat tleship and were given food and medicine. KILLS HERSELF TO HELP COl'NTRV Japanese Woman Die to Permit Son to Enter Army. NEW TORK. March It A Japanese woman at Takasakl, on learning that her only son had been exempted from active service on the ground that she was de pendent upon his earnings, has committed suicide, says a World dispatch from To klo. In a letter she stated that she waa about to kill herself In order that her son might be free to light for his fatherland. Then she plunged a dagger Into her heart Withdrawing the weapon, she handed It to ber son, who Immediately volunteered for active service. Condemns Stenmer Manchnrla. NAGASAKI, March 14 The East Asiatic steamer Manchuria has been condemned by the naval rrlze court at Sasebo, In cluding Its general cargo, which Is par tially neutral proptrty. NEBRASKA WEATHER FORECAST Fair nnd Warmer Tnrsiln eiltien clny Showers nnd folder In W est Portion. Temperature nt Omahn lestcril. V I Hour. itcir. Hour. 11 n, m , . O a. m T a. m n, m 0 a, ni to a. ni 11 a. m 12 nt 1f is IS 11 2 'Ml JM i , . , . 7 :t :n :ti :ti 1SS in i . , FUNERAL OF EMPRESS DOWAGER Weird and Sir on tie Ceremonle at In terment of Wo-nnn Who Died In Jonisr), SEOUL. Match J4.-The fune.rwl of the queen dowuger, who died In January, was held hero today. The bier was rlnced cn a catafalguc at the west gate r.f tho city, where Minister Allen nnd other diplomats gathered at 5:30 o'clock this morning. II was a weird m-ene. Thousands of lantern bearers, soldiery and tho populace in white dresses gathered around a t-ontlru vnUl daybreak. The emperor, a'Urcd In saw -rolnrod robes and head dress, arrived at o clock and performed his devotion over the bvidy within a canvasK pavilion. The procession then started to the tomb, eight miles out side of the city, tho bands playing the funeral dlrgos. The procession was a couple of milee long and full cf Oriental color. It was headed by native police, followed by lantern bear ers nnd spearmen in fantastic attire, cur rying banners and huge pnper horses. Then came two clers, gorgeously colored and surmounted by dragon heads. They were borne on tho shoulders of 100 men, there bring 100 pall bearers. The blcrs were sur rounded by eunuchs nnd court funetlma ries. The first bier was empty, being in tended to cheat the devil. The populace crammed the streets and covered the roofs to witness tho pageant. After the start of tho profession the e'n peror received the foreign diplomats and the Japanese minister, being the senior member, presented tho condolence of the corps. RUSSIAN OFFICERS ARE INCENSED Do Not I.Ike Question of Foreigners Regarding: Rlockade Plan. TIN KOW, March M Tho local Russian authorities are tprarently Incensed r.nl rr;iiiilfestly much r.r.reyed at the solicitous Inquiries of the commanders of foreign gun boats regarding the projected blocking cf the Lino river before tho arrival of the Japanese, which latter event Is regarded as a foregone conclusion. Al'.hrogh tho blocking of the Llao aud also tho defenso of the settlement and native town are re garded as untenable, It Is certain ths.t an Important disposition of guns and the ar rangement of a defense plan have already been made. Tho arrival of General Kondra tovltch a few days ago has arrested the ar rangements and threaten to causo tho aban donment of the original intention. . The best Russian information obtainable at Port Arthur and New Chwang admits the gonrernneut's Intention to. fall bvf In definitely until the mobilisation of SOO.000 troops for the purpose of asnaultlng and opposing the Japanese and probably '200,000 more to oppose the Chinese. ' The same opinion asserts that Vice Ad miral Makaroff will fight hard. He Is de termined to weaken tho enemy at any cost and make the operation of the DaJtla sea fleet In the far eat feasible, though It muy be necessary to fight without the Pullada, Csarevitch and Retvlzna, which. It is ad mitted, cannot be fully repaired within six months. On account of the uncertainty of the success of the scheme cf constructing a modern dock In which to repair tho Czare vitch and Retvlzan nnvul experts allow a year for the work. MIST SAVE BIO GIN AMMTNITION. Indications that It Is Running Short at Port Arthur. (Copyright, by New York Herald Co., 1904.) YIN KOW, March 14. (New York Her ald Cablegram Special Telegram to The Bee.) Admiral Makaroff waa aboard the Novlk during the engagement at Port Arthur on Thursday. He has Issued orders to the effect that the saving of coal Is unnecessary, but that his men must be cautious about wasting the big gun am munition In tho forts. Evidently this Is running short. With regard to my telegram of March 9, reporting the presence of Japanese troops at Feng Wang Cheng, my runner has evidently been detained. Details are unobtainable, but constant Chinese re ports confirm the previous one of Japanese occupation. Russians are buying up all the available foodstuffs here. There is great scarcity of everything. Cossacks are scouting fifty miles ' wrst of the Llao river. JAPANESE PATHOL IS DEFEATED. Falls Into an Ambnsrnde Prepared by Russian Troop. ST. PETERSBURG, March 14 General Zillnskl telegraphs as follows under yes terday's date: "On March 7 our patrols discovered four of the enemy's posts on the Chong Cheng Ang river und a troop of cavalry acting aa scouts near Patentchen, northwest of An Ju. A Japanse cavalry patrol fell Into an ambuscade prepared by our patrol and were dispersed, losing one killed. The Japanese left behind them a quantity of gun cotton and some swords and blankets. "The population in Manchuria is quiet. On the night of March 11 the ships ex plored Helena bay and the shore opposite Seneutrhene with searchlights. "According to lnformotlon whlrh has been verified the Japanese have not made any attack north of Oensan. The popula tion along the Tumen river Is favorable to us." SHUTS JAPANESE Ot'T OF HARROR. Mnksroff Will Keep War Fleet Out side with Steam I p, IjONPON, March 15. A correspondent of the Dally Mall at New Chwang says thnt after the removal of the battleship Retvl xun four Russian steamers, the Harbin, tho Hnllar, the Nlnguta and the Sungnrl, were anchored at the mouth of the en trance to Port Arthur In proper position and sunk, leaving only a small channel available. Vice Admiral Makaroff having previously ordered the whole fleet to re main outside with steam up. till go t'r Barn ilurna. CHICAGO. March ll-The cur barn of the Chicago Union Traction company at Blue Island avenue and I-eavitt street waa destroyed by fire today. About 61)0 summer cars, stored In the buldlng. were burned. The lots was estimated at IITAOOQ. Crossed tlocUlo w ire aauned tha blaze. JAPS CLAIM THE CITY Declare Positively that Tort Arthur Has Fallen Into Their Hands. RUSSIANS SAY SITUATION IS UNCHANGED Deny the Story that the Town Hu Bees, Abandoned, COMMENT ON" RECENT PROCLAMATION Russians Aooept it as Representing Changs of Sentiment GIVE CREDIT 70 PRESIDENT ROOSEVELT Keel Ins; In St. Petersburg; Towr lultrd State la Vastly Uette Since Receipt of Latest Order, (Copyright, by New York Herald Co 1904.) SEOUL, March ll.-(New York Herald Cablegram Special Telegram to Tha Bee.) Persistent reports arc current to the ef fect that the Russians have turned and evacuated Port Arthur and Dalny and ar retiring up tho peninsula. Flat Denial by Russian. (Copyright, by New York Herald Co., 1901) SHANGHAI, March 11 (New York Herald Cablegram Special Telegram to TUa Bee.) Telegrams from Russian source at Tlea Tsin nnd from Admiral Makaroff at Port Arthur absolutely aeny the report that thaj IliiHRlans havo evacuated the plaoa. WEI 1IAI WEI, March It Tha Japanese report that Iort Arthur has been captured, TIEN TSIN, March ll-The reported oc cupation of Port Arthur by the Japan Is untrue, according to a Uleiram re ocived hero at 11 o'clock, which left Port Arthur nt 7 o'clock Sxiday evening. Upon inquiry the riot nt P.hnn Si turns 'out t have been unimportant. The government :s trv.gly opposed to) tho proposed immigration of Chinese td tho Transvaal. Japanese Lost No Boat. TOKIO, March 14.-V!ceroy Alexleft'a r port slating that a Japanese torpedo soat dostrvyer was sunk and tte cruiser TlJia Kajro heavily damaged by the fctell fire of the Rjsslans during the fourth attack on Port Arthur Is officially pronuun.d untrue. The damaged Japanese torpedo boat de stroyers can be repaired In one week and it will not be nccessaty to dock hem. jftnfnn r-enr tie Report. ST. PETERSBURG, March 11 (Noon.) Tho.-e la no truth In toe rumors that tha Russians have abandoned Port Arthur. Ad mnal Abazo, secretary, of the commission on far eastorn affairs, authorises tha As sociated Press to dtny the story. He says the situation at Port Anivr is vn changed and that nothing of ir.. pittance has occurred there in the last twerty-four hours. President Roosevelt's recent proclamation regarding the observance of rieutraKt ail officials and the abstention from either action or speech which might oaiaa lr rltatiori to either Japan or Russia has produced a great Impression hee. Th newspapers this morning print rjomlnently articles commending the substance and spirit of the proclamation In the h.ghest terms. , The Official Gaaette accepts It unreserv edly as a complete answer to the rssertlon that the American government Is hostile to Russia and declares that hereafter, de spite any seemingly vrtovrard Ihrndont which may orlso. It will tte considered set tled once for all that "the American gov ernment has taken a friendly attitude to ward our alma and policies In the far east," adding: ' "This undoubtedly narks a change In American sentiment, the people there re alising the danger of supporting Japanese." The Noovooetl halls the auspicious In itiative of President Roosevelt In tha ls tereet of universal peace and good relation ship between Russia and the United States, saying: 'Ho wields practically unlimited author ity with respect to the foreign policy of the country. Secretary Hay submitting to the will of the president." Rns Welcomes Pr. elamatlon. The Ruks welcomes the proclamation aa convincing evidence of a more friendly feel ing on the part of Americans for Russia. The Boerse Gnsctte remarks: '"Theodora Roosevelt was tho first ruler to respond to the warning cry Issued many years ago by Emperor William against the yellow peril." The St. Petersburg Zeltung asserts that the proclamation leaves r.o further doubt that the United States has a firm Invention to cbserve strict noutrallty. It bears the . rtamp of strong and most distinguished personality." These papers also make ,a display this morning of a denial of the New Chwang report that the United States intends to support tho protest of the United States gunboat Helena against the plan of the IJtiwlar authorities to sink Junhs t tha entrance of the Llao river, evidently con- lderlng that this puts an end to the State ment, which caused a flurry here yester day, and that further comment Is unneces sary. The Alexander committee announce that In addition to the regular army pen sion IX a year will be given to the widow nnd orphans of the noncommissioned offi cers and 124 to those of soldiers end sailor killed in tho face of the enemy. Trains Moving Slowly. A Russian correspondent proceeding to the front writes to the St. Petersburg Telegraph bureau from Irkutsk. Siberia, as follows: Our express train travels slower than the slowest train In European Russia. The seat of war Is ktlll remote but Its presence is felt. The long rows of car filled with soldiers, the caravans and the primitive sleighs, drawn by mangy htsoa, which wa pass along the way at the crowded sta tions, break the monotony of the snow bound wastes and endless forests, and the stillness Is broken by the songs of the Jolly reservists and tiie bells of the villas churches, sounding cloar through the frosty air. This bustle and activity amidst tho Siberian desolation strikingly illus trates the Itusxlan giant stretching his litr.hs prepwratory to punishing the foe. General Rennenkampf. who Is to lead the CoHsack division, is traveling en the same train. He tells rk" that all these re servists will become splendid, hardened soldiers a fortnight after reaching the front. At Irkutsk we met the first victims of the war. These were women snd children trying to get bark to European Rustda. On our entrance into the semi-darkness of th stxtlon we were greeted by the wailing r children Issuing from the dirt heap and bKKge encumbering the floor. Their waxen faces and bloodshot, sleepless eves would melt a heart of stone. The wild, pnnlo-strlcken flight of their-mothers from Manchuria nfter the startling outbreak of Him war Ico. to great sufferings. They narbad this place after untold hardships, onlv to find tlmt they will have to WHlt weeks more till there is sufficient train ncrommodstlon to enable them to proceed further. Bo the children have been pining, tileepIeK and motionless, in this fetid at inoHphere, because outside reign tha obillaT frost.