TITO OMAHA DAILY REE: TUESDAY, APRIL 19. 1001. Told. 1S-M. WE CLOSE BATCH "True merit, like rlaer, the sleeper It la h lees Koine It makes." TOU CAN TELL THEM THEY ARB BO DIFFERENT. WABH SUITINGS for shirt waist milts range of style almost unlimited. Prices 10c, 1ZH 1R lSc, 20c, 30C. 5o, 40c and 60c per yard. EMBROIDERED WASH PONOEE at 50o per yard. BROCADED WABH PONOEE In champagne color, at 4So. 60c and 0c per yard. VOILE MELANGE 'pretty, aoft finished material, In woven mixed cheoks and plains, at IB per yard. ' 8ILK MOL'fiSELINB In all plain delicate colorings, 15o per yard and up. TlHlln!?gIKI,lELlfl)lEKI Y. M.CA. Building; Corner Sixteenth and Douglas St. nation of the hull to determine ' whether, the explosion whi Internal or exteVnal." The reason the naval staff was- dlsln-. dined at first to accept the possibility of. Togo' claim was because, If true, the' mines were laid not only without discov ery, but without even arousing the falnteat suspicion. Togo' report as telegraphed to the Rus sian papers, dates the loss of the Petro pavlovsk as April It, whereas It occurred on April 13. Togo also claims that a night', .tuck was made on Port Arthur April 11, which I officially denied here. The general staff has no Information In regard to the rumored appearance of Japa nese transports off Yin Kow, the port of New Chwatig. A Hleclal telegram from Port . Arthur aays the cruiser Bayan exceeded Its trial speed when It went out to the rescue of the torpedo boat destroyer Eeistrnshnl. The same dispatch reports that a Japa nese cruiser was sunk, adding that the causa Is unknown. The Novoe Vremya publishes an expert article showing the Impossibility and futil ity of trying to raise the Petropavlovsk as It lies. The Novo Vremya publishes an article showing the Impossibility and futility of trying to raise the Petropavlovsk as it Ilea bottom upwards at a depth of from twenty to twenty-five fathoms and probably Is broken In pieces. A requiem mass was celebrated yesterday for the repose of the soul of Colonel Agapeleff, who was officially reported to have lost his life at the time of the Petro pavlovsk disaster. During the night his wife received a telegram aaytng he was alive but seriously Injured. The Russ discusses the suggestion of the retirement of the Russians from Port Arthur, 'recalling the abandonment of Mos cow In 1812 and pointing out that General Koutouroff, who recommended It, was first thought to be mod, yet It proved In the end to be the undoing of Napoleon and also Admiral Nachlmoff's advice which was not followed for a desperate sortie from Sebastlpol with tha ships against the aliens In ISM. . , The Russ comas to tha conclusion that no matter what tha fate of Port Arthur may be It will have no decisive bearfing on the ultimate result of the campaign.. A Russian Admiral who holds to the theory that a submarine boat sank tha Fetropavlovsk, discussing tha full report of tha disaster cabled tha Associated Press fiom Llao Yang, saying: It does not prove tt struck a mine. On the contrary It Is evident from the dispatch that the Petropavlovsk was some distance oft shore where it was Impossible to lay contact mines on account of the depth of the water. The signal man's story Is Irrec oncilable ' with the mine theory. Like Orand Duke Cyril h u sucked down to a great depth. He sayr. tha Petropavlovsk was almost at a standstill, which would have been the most favorable position for a submarine boat. .:,.. , - ' . i , Soma of tha papers which Insist upon the submarine boat theory lay great stress upon tha alleged statement made by on of the Cramps of . Philadelphia, who- la quoted as saying tha Japanese had submarine boats obtained from Great Britain. - Vloe-Admlral Skrydloff, the successor of Vice-Admiral Makaroff, arrives here Tues day night A big popular demonstration la being arranged In his honor. Captains Btetenko and Cladot have beeri appointed flag officers to Admiral Skryd loff. Question of Wireless Telearrapny. LONDON. April W The Foreign office has received a, communication from tha Russian government relative to the use of is the starting point of disease. It can be easily removed by taking, on arising, half a glass of the , ' Natural Laxative Water, v '. .. . .' ' .. Tm yotsr awn protection ask for it by thg full name, HUNYADI TANOS, SUBSTITUTES ARE "WORTHLESS AND HARMFUL. CUT OUT THI1 COUPON. Omaha Be Exposition Coupon A Trip to St. Louis via The Wabash ONE VOTE 0m Tate fcr. jUdraaa. COT TBS OCT-OsaosK at Bos Offloo or malt to "Ba position Department, , Omaha Boa. Omaha. Nebraska. s: CUT OUT THIS COUPON, Omaha Beo Exposition Coupon A Trip to St. Louis via The Wabash PREPAYMENT COUPON .Vote, fvf . A4ru. lette U (mom). Adartu. Thin oovpoB. wboa aceompaalM by oats U votes for eawia us ixuo, w subsortbUua cannot EO prepaua VoiuM bosOaVa or tnall OUU, nest Pee, April .IS, 14. Choice Wash Fabrics need not be high priced, but must be of the latest fashion. wireless telegraphy by war correspondents. It Is. identical with the note received by the government at Washington; and says Rus sia doe not contemplate any Immediate action Irt the matter. The pronouncement, according to the Foreign' office, rises such a number of new Issues, .-that It requires the must careful consideration.' PEX9IO? FOR MAKAROFF-S WIDOW Major PflagT Denies There la a "lege of Port Arthur. ST. .PETERSBURG", April 18. Vice Ad miral "Makaroff's widow haa. been granted an annual pension of 110,000. A detachment of Russian troops which left southern Us surl has reached Maoer-Shan (on the west bank of the Yalu river, ITS miles north of Ping Yang) without having encountered any of the enemy. The detachment has oc cupied a mountain pass between Manchuria and Corea, which it Is fortifying with mountain batteries. Major General Pflug, chief of the military staff at Port Arthur, telegraphs that -all statements regarding a siege and fall of Port Arthur are unfounded. . - DEATH RECORD. Mrs. Coearhe Dlerke. FREMONT, Neb., April 18. (Special.) Mr. Goesche Dlerka, widow of the late John Dlerka, died suddenly tls morning at her residence at the age of 77 years. She was apparently In the best of health and was out In the garden with her unmarried daughter Emma. She went Into the sum mer kitchen and had started "to wash her hnnds when her death occurred. A few minutes Inter her daughter, Mrs. August Elchstndt, who lives with her, found her lying dead upon the floor. Death was caused by heart failure and was evidently Instantaneous. Mrs. Mary A. Gould. V . TECUMSEH, Nob., April ls-MSpeclal Tel egram) Mary A. Gould died at the home of her daughter, Mrs. Lawrence' Morrisey, near Tecumseh today of blood poisoning. Bhe was born at Ann Arbor, Mich., March 8, 1838. She had lived in Johnson county alnce 1868. Her husband, John Gould,- died January 14, 1902. The deceased leaves four sons and one daughter. Francis Zdeb. -. Francis Zdeb, 11 years of atfe, Twenty eighth and P streets,' South Omaha,' died Sunday night at St. Joseph's hospital as the result of an operation, fpr appendi citis. ..'..-, Hen Coal .Company at Work. . SHERIDAN, .Wyo.. April 18. (Special.) Tha Carney. Coal company, whlob reoently i purchased the Berchby property on Tongue ! river; seven miles from Sheridan, U' pre paring to begin-operations on a large scale. Bids have been received for the construc tion, of thirty new' dwefilngs for the use of their employes. Work will soon be commenced on the ' tipple and shaft and new modern machinery will be Installed. The company Is also considering the prop osition of putting In an electric 'plant for lighting purposes. When everything la completed the mine will have an output of nearly 2,000 tons per day of the best grade of lignite coal. . Call for Industrial. Kisoilllas,, CHEYENNE. Wyo., April 18. (Speclal.) Presldent Chattertdh and Secretary Cou- tant of the Wyoming Industrial association Saturday Issued a call for the fourth an nual convention and exposition, which will be held at Casper on September . 20, 21 and 22. Kama, att . . s Mama. tasa, i a cash prepaid subscription to TH MA. om iw - . v . . uuui am uwui ! v ' " to "Exposition Ifepai-unont." Omaha oa. rfr DATS AT P. M. TEXT OF DIETRICH REPORT Whtt the Special Oommittei Returned to BeDste ii Iti rinding NO GROUND FOR THE ACCUSATIONS Fnll and gweepln Investigation Made and. the Aernsed Entirely Eaonerated from All Charges Against lllm. WASHINGTON. April 18,-FolloWlng U the full text of the report of the special committee of the United States senate that Investigated the charges against Senator Dietrich of Nebraska: v.T,ie i "Peclal committee appointed under the following resolution, via.: "Resolved, That the president pro tem pore shall appoint a committee of five to investigate and report lo the senate all the facts connected with the appointment of Jacob Klsher as postmaster at Hast ings, Neb., and the leasing of the building used at this time for a poatoffice In that city, and particularly to Investigate and report as to the action of Charles H. Diet rich, a senator from Nebraska, In con nection with such appointment and leas ing, having mads the investigation required by such resolution, report herewith all the facts regarding which they were directed to make Inquiry, and as to the action of Senator Charles H. Dietrich In connection therewith: Senator Dietrich was elected a senator from the state of Nebraska on March 28, WOT. He took the oath of oflice on Decem ber 2, 1901, at the opening of the regular session of the senate. At the lime of his election to the senate he whs governor of Uie state of Nebraska, having been elected at the November election In the year 1900. He took the oath of office as governor on January 8, 1901, and resigned on May 1 of ma Btfcuie y cur. His Call oa Payne. While governor, and on or about March . 1901. he Called unun thn twiatmiuiter iran- eral at Washington and made to him a proposition to lease to the government for wie lerm or ten years a room for a post- niue, in a nuuuing ne was tnen con tracting In the cltv of HantlnKs. Neb.. at a rental of $l,8uo per annum, the flx- lures. neat, ngnt ana water to be rur nished by him, he to keep the same In repair and to furnish all additional fix tures deemed necessary during the term of ins lease, inis proposition was accepted by the deDartment. and on March 12. 1U01, Senator Dietrich signed a lease for the same, forwarded It to Washington, and on March 21 the proposition was formally accepted by the first assistant postmaster general. At this time the postoftlce was, ana naa tor some years been Kept in a building owned by a Grand Army post, about forty feet from the building which was being erected by Senator Dietrich. The postmaster was notified by the de partment of the lease of the new premises, mmeaiateiy arter which numerous pro tests against the proposed change of lo cation of the office were sent to the de partment at Washington. These protests Beem to have emanated from two sources one, the Orand Army post, In whose ouiiuing the postotnee was then situated, and the other from a different locality In the city, between which and the locality where the new building was being erected, more naa been lor years, an intense rivalry. These protests were of a char acter which Induced the postmaster general to notiry senator Dietrich tnat ne tnougnt It Inadvisable to carry out the arrange ment for leasing quarters from him unless he could secure more favorable terms. As a result of this notice Senator Dietrich, about April 23, 1901, and while still acting as governor of the state of Nebraska, called upon the postmaster general I In Washington and after otscuaslon of the matter made a verbal proposition to leans the room In question as a postofflce for tha sum or xi.aw per annum, witn tne unaer standlnar that tha Kovernment would oro- vlde at its own expense, fixtures, heat, light,' water and make all other necessary expenditures On April 24, 1901, a written notice was snt to Senator Dietrich) signed by the first assistant postmaster general, accepting tnia proposition, ror a term or ten years from July 1. 1901, at a rentnl of 1 1.300 per annum, with the understanding that the firesent equipment in the postofflce at Hast ngs will be used in the new room, and the department is to defray the expense of re moving the equlpmant and placing the same In position in the new quarters." While the first contract for tearing" the f remises,.. which required Senator Dtetsieh o fit the same up at his own expense, was In force, he -made an agreement with the officers -of the Grand Army post to pur chase from- said post all the furniture and fixtures belonging to the same and used ror the postofflce in their building, for the sum of JoflO, to be paid whenever Senator Dietrich took possession of the same, or the nostoffVe was removed to the Dietrich building. The data of this agreement was April , 1901. Appointment of Fisher. On June 9. 1901. Mr. Jacob Fisher was. upon tha recommendation of Senator Diet rich, appointed postmaster at Hustings, and took possession of the office soon after. in tne Duuatng or tne urana Army post, where It was then located. The office was removed to the room In. the Dietrich build ing on tne zist aay oi July, laoi. ana tne fixtures were then removed from the old to the new postofnea room. Senator Dietrich owned tha land upon which the building was erected where tha new postofflce waa located. He (began the construction of the building In the summer or i9ou, ana before malting tne proposition to the postmaster general to lease, a room In It for tha nnstnfflce. In October. 1900. Gertrude Dietrich, the senator s daughter and only child, inherited rrom ner granaiatoer uie sum or u.suo. Senator Dietrich wife the Dresldent of the German National bank at Hastings, and his nrotner-in-taw. Mr. jonn etiaaer, was cann ier.' When his daughter inherited the money referred to. benutor Dietrich con suited with her unele. Mr. Blakef, as to how It should be Invested, and decided, with the consent of the daughter, who was at the time, by the laws of Nebraska, of agff to mane contracts, tiiat tire ' money should be used In the erection of. the build ing whlqh had been commenced by Senator Dietrich, who stated at the time, to his daughter, to Blaker and to others, that when the building should be completed he Intended to convey the land and bulldlns to his daughter, as her own absolute prop-. erty. Accordingly, tnia sum or w.joo was used and expended In tne construction or the building referred to. The property is valued at about 19.000. including the cost of the building, and the land upun which tt Is located Senator Dietrich went with ms daughter to the Philippine islands, starting about the middle of June. 1901. and returning about the 1st of October that year. During his absence, as before stated, about tha ;aat of Jul v. 1901. the aovernment took posses sion of the postofffce in the Dietrich build ing and removed the fixtures from ths Grand Army post building thereto, at its own expense. Mr. Sinker had been directed l ' J l.Jt . 'H II I. ... Ill V 1,1V UWI'MIU.U, to collect the rent and to denotilt it to the credit oi oeriruoe uietricn in tne Dana, ana this was done from ths date of the govern ment occupation. Senator Dietrtcn instructed Mr. Biaker to prepare a deed conveying toe property to his daugnter uertruae, ana tne aeea was prepared by Mr Blaker according to direc tions, but Its execution was overlooked for some time, and when that fact waa dis covered by' Mr. rlaker he forwarded the deed to Senator Dietrich, who was then in Washington, where the same was executed snd returned by him, and then It waa placed on recora. All rents for the building were, from the herlnninir. as thev accrued, collected bv Mr. bisaer ana aepoeitea in tne nana to the credit or uertrude Dlatrlcn ana checked against by her for her own personal use. senator uietricn is a widower, a man or Independent fortune and quite able to present to nia aaugnter nis interest in Tne Rroperty in question, ana tne committee nas In the record no reason to doubt that the transfer, to the daughter was in Purnu a nee of his ilntentlon. announced when he Invested her money In the building, and ASTHMA U.I 1 .H.knal.t-a niL unrnull. nnW tli a tT.wm of trratmeut luuoduoed by IT. frank Wiistwl oi Chicago, ASTHMA CAN BE CURED. Tm I. n Inntt f . t-n t ion If V LT. 9. & Brown. Pr.m,fW. Iowa; Vt. J. C. Curiw. 'L iKnainiif a! hi Lrtmi mni svi.d th MniivncT of lb cur la their . i U'L..ul '. smskSBT nasnths-nfl tntnV own caiw. itt. " u ,tI 7. Z rauicmi ui"sMvM ssw ---- - 7, t wuoke posdera, tynjt, etc, whica raUsvs al 1 ..w- a Imin ILTkan (MCI MM ao not cure. g-nrs- TrcT TUriTMf NT r n t- k- i . - - - - - . . .tna ahnrt deserto. Hruuv ii m .ui . - tloD of ths caw. and sending nsnies of o no. uihmtUe suneren. a of sxpeneuevs of thoM cursd, FRANK WMETZCL, M. O., H AsMiioas txsrsss aioa. vwa was In perfect nrmd fnHh and not In ths slightest degree culpable. Inspector gaBests tbanges. After the building was oocupled as .a poat oflice the premises were Inspected by an Inspector of the lottniie department, who suggested to Mr. Klshet the postmaster, that the room was too large for poslolflee purposes, and that Its heating would be too expensive, and further suggested that a room be partitioned off from the rear. W hen Senator Diet rich . returned from the Philippines In October, he visited Wash ington and arranged With the Postofflce department to put up a partition at his own expense, the department agreeing that it would relinquish the portion of room so to be partitioned off, which proposition was accepted by the department. When this arrangement had been made, the postmaster, Mr. Fisher, proposed lo Senator Dietrich that ho would rent said room, Intending at first to start a res taurant In the same, to be conducted by his son, and It was agreed between Senator Dietrich and Mr. Fisher, that he (Fisher) should take the room and pay for it, com mencing August 1, 19ul, at the rate of 110 per annum. This arrangement was made some time In November, 1901. Senator Dietrich soon after iraroe to Washington and did not return to Hastings until the latter part of March, 19o2, when he found that the restaurant had not been started, ant that the room was vacant. He was told by Mr. Fisher that as the Burlington depot had not been completed as soon as he supposed It would be, he had given up the Idea of establishing a restaurant in the room; that he had negbtlated with the Western Union Telegraph company to put an office therein; but 4hst plan had not materialised. Thereupon, Senator Dietrich told Mr. Flshef that he as willing to take the room off his hands and repay the rent which Mr.- Fltthnr.had paid for same from August 1, which, he did. and soon thereafter Senator Dietrich leased the room for $300 per year to another party, which lease still continues. The money paid by Mr. Fisher for the rent of the room was paid to Mr. Sinker and deposited to the credit of Gertrude Tiletrlch. ' and the sub sequent rents have been so collected and deposited. The entire amount paid by Mr, Fisher for the room -was 83'.3(l. Soon after making the arrangement to lease- the same, it was mgreed between Mr. Fisher and his deputy postmaster, Ed win A. Francis, that they should be joihtly Interested In the lease of the-room, eae-h paying one-half, andeharlpg equally in any rents that might be derived therefrom. Francis paid to Fisher one-half of the rent while the arrangement lasted, which was repaid by Fisher, when Senator Diet rich took theoom off his hands. Ktsher and Dietrich. Fisher waa a director in the bank of which Senator Dietrich was president, and his friends had made application to Sen ator Dietrich while he was governor to ap point FlKher to. the office of oil Inspector of the state. Mr. Fisher, In company with Mr. John D. Mines, visited the city of Lin coln, where the legislature was In session, In February, 1901, and Mr.. Mines askc.l Mr. Dletrloh to appoint Mr. Fisher to such position, but the governor Informed Mr Mines, in the presence of Mr. Fisher, taal he did not sea his way clear to make such appointment; that If he should appoint him, Fisher would have to live at the cap ital, and that the expense of doing so would be so great that he would not re ceive much benefit from the office, but that he would use his influence to have Fisher appointed postmaster at Hastings. After the election of Mr. Dietrich as son ator, Messrs. Fisher and Mines again vis ited him. and Senator Dietrich then as sured them that he would recommend Fisher as postmaster Soon after his elec tion as senator Mr. Dietrich took a trip to the Big Horn mountains, and when he re turned therefrom to Hastings, he sent for Mr. Fisher, who went to s.ee him, and was told by Senator Dietrich that he would soon recommend him tor postmaster. A conversation l hereupon took placb with re gard to tne nxtures in tne oiu postomce, which Senator Dietrich had, as before stated, agreed to pay for when he should take possession of the sama. or when the postofflce should be removed to the Dle- tnen Dunning. . nenator uieincn asaea Fisher if he did not think he could raise among the people who were Interested in property In' that section of the city, the $500 necessary- to -purchase the fixtures. Fisher replied, that, ha aia not minx ne could, as tha property owners there had recently contributed the sum of 13,000, to secure the locatton-of , the Burlington depot In that vicinity, and that he would rather buy the fixtures himself than go around with a subacrlptionvltat to raise the money necessary; that, wthar postmasters, when appointed, had' purchased fixtures, and that ne WSB Wlllllkv IU UU VIIO dm 111 IT. dwii nnri this. Mr. Fisher.: wa recommended by Senator Dietrich, And on June 8, 1901, re ceived notice that his appointment as postmaster had Been made." Senator Dletrlatntrand Mr. Flher both testify positively,, Jind. unequivocally that the purchase of the fixtures was In no way rntde a coidltlfr of "The appointment of Fisher .as pmaster.anq, .mat ii)e uinp action was only suon as had been cjs- tomary upon' -the ffpointment oi former postmasters, aad tbe -committee Is satisfied from the evidence that such U the fact. When the oogtoffice was abcit to ba removed Into j the Dietrich' building Mr. Fisher Dnid to the agent or . the Grand Army, post the sum. of. npo for the. fixtures and they were removed and Installed in ths new building. ' Prosecution of Senator Dietrich. Senator Dietrich Vas indicted in the dis trict court of Nebraska in five different cases, afterward remitted to the circuit court, the record in two of whloh is printed with ths testimony taken by the committee In this case, whtcn record, as tne commit tee thinks, fairly presents all the charges against him, so that the printing of the record In ths other three cases Is unnecss- in. tne nrst or toe cases, tne recora oi which Is printed. Senator Dietrich is charged in effect that while a senator In congress from the stats of Nebraska hs took,, received and agreed to receive a bribe rrom jacoo risner . or procuring uo aiu Ing to procure for said Fisher the office of postmaster at Hastings, Neb. To this indictment Mr. Dletrtcn pieaaea not guilty and a Jury, waa empaneled to. try the case. After the opening statement of ths United States district attorney. In which he ad mitted that the date of ths offenses charged was prior to ths .taking of the oatn of office of senator by. Mr. Dietrich, a verdict of acaulttal was directed by Circuit Judge Van Devanter, who field that ths statute In question did not apply to a senator-eleot, and a verdict of acuuittal was accordingly rendered. In the second case, the record of which Is printed, it is charged that Mr. Dietrich. while a senator, iq congress from the stats of Nebraska, did hold and enjoy a con tract theretofore entered into between him self and the United States for the use and occupation, for the purposes of a United States postofflce at Hastings. Neb., or a lot and building ownea Dy tne at tendant. In this case a demurrer was en tered, argued and overruled, but subse quently, on the motion of the district at torney, a nolle prosequi was entered, and Senator Dietrich was discharged. Une of the other cases against Senator Dietrich differs from the first, the record of which la printed, only In the manner of charging the same orrensea auegea in tne first case, and In this case a nolle prosequi waa also entered, upon the motion of the district attorney, and Senator Dletrloh waa discharged. In the other two cases Senator Dietrich and Mr. Fisher wers Indicted Jointly, for a conspiracy to violate section 1781 of the revised statutes, the grounu or such con' nlranv being the- alleged agreement be tween Messrs. Dietrich and Fisher, which was set up as a separata offense in ths first case referred to. In these two cases demurrers were entered and sustained, upon ths ground that the indictment did not charge a conspiracy, but only separate ofTenses against Dletricn ana riintr. Offenses Charged by Indictment. Rn that eliminating technicalities, the of fenses charged against Senator Dietrich were: , . k'lrai-That as aen&tor he received from FUher, either ths sum of $1,300 or $600. or the equivalent Of the same, in property for procuring for said Fisher the office of postmaster at Hastings, and, Second That as sxuator he held and en joyed a contract with the government. Tim taiiii which Rnator Dietrich was alleged to have violated In the first esse referred to U section 17&1 of ths Revised Statutes, as follows: Every member of congress, or eny otn eer or rnt nf th government who. di rectly or Indlreotly tukes. receives or agrees to receive rrom any pnou nr piu curlng. or aiding to procure, any contract, r.m.- . ,r nianA fr,.m fh government or any department thereof, or from any officer of the United States, for any person, what ever, or for giving any such contract, office or place to. any person whomsoever shall be deemed guilty ot a misde meanor, and shall be imprisoned not more than two years and fined no mors than siuflnu Anil n v mtnitMT of con gress or officer convicted of a violation of this section shall, moreover, be disqualified from holding any office of honor profit or trust under ths government of ths United Slates." Ths statuts which hs was alleged to have viola t-.t In that ao.nA rjLM Is section $73 of the Hevlsed Statutes, which is here quoted, together with, ths pertinent sections $7) and $Ttl: , "Section $73. No member of. or delegate to, congress shall dlre'-tlv or Indlr'ctjy. himself or by any other person In trust for him. or for his uss or benefit, or on his ac count, undertake." execute, hold or iiijoy, ! fthnla .if- 1- .. u unw .nntrfiL't Or Stfree- ment mads or entered into In behalf of tha United States, by, gny ofl'rer or person au thorised to make contracts on behalf of the l i.lted States. Every person who violates ims section snail be aeemea sumj ui ruiadenieanor and shill be fined $3."H All contracts or areeoients mads la violation of this section, ahull be voldi and when ever eny sum of money ia sdvanced on the part of the United States In consideration of any such contract or agreement. It shall N forthwith repaid: and In case of refusal or delay to repav the same when demanded by ths proper oMcer of the department un der whoso authority such contract of agree ment shall have heen made or entered inlo, every person so refusing or delaying, to- f ether with his surety or sureties, shall be rthwlth prosecuted at law for the recov ery of any such sum of money so advanced. "Section $70. Nothing contained In the preceding section shall extend, or be con strued to extend, to any contract or agree ment, made or entered Into or accepted, by sny Incorporated company, where such eon tract or agreement Is made for the general benefit of such Incorporation or company; nor to the rurchnse or sale of bills of ex change or other property by any member of. or delegate to, congress, where the same are resdy for delivery and payment thereof Is made at the time of making or entering Into the contract or agreement. "Section 3741. In every such contract or agreement to be made or entered Into or accepted by or on behalf of the United Ststes. there shall be Inserted an express condition that no member- of (or delegate to) congreea shall he admitted to any share orpart of such contract or agreement, or to any benefit to arise therefrom." Committee's Conclusions. The committee, desiring to make the rullest possible Investigation Of all the matters embraced in the resolution, through the attorney general of the United States, called upon the district attorney of Ne braska for the complete court record in all of the cases against Senator Dletrloh and Mr. Fisher, and also a list of all witnesses by whom the district attorney expected to prove tha allegations In the several In dictments, together with a svmmary of what he expected to prove by each witness. Receiving such list and summary, all of ths witnesses wrmse names were furnished br the district attorney, and other witnesses whose names were brought by the district attorney to the attention Of the committee pending Investigation, were summoned, and all appeared before the committee except two, one of whom Is dead, and the other of whom was so 111 as to be unable to appear. Affidavits of each nf these wit nesses, both separate and Joint, had baen secured, and are printed in the testimony. In all of the Indictments the prosecution relied upon the same facts to prove the ofTenses chnrged. It will appear thnt the committee, with such consent of Senator Dietrich, admitted not only such evidence against him as would have been competent in a court of Justice, but also a great deal of hearsay testimony,, twlng all which was brought to their sttentlnn, as a possible clue to further Information. The committee did not determine how far this proceeding would have been justified for any reason, without such consent, even If they had carefully refrained from attaching nnv weight to It In their final decision. But It in fact did not in the least tend to shake or affect the conclusion they have reached. The committee, with the consent of Senator Dietrich. In order that no possible fact bearing upon the matter might be overlooked received the statements of all of the witnesses In full, not regarding strictly the rules of evidence in that re spect. The committee submits herewith the tes timony taken, but deems It unnecessary to set forth In full a summary of the same. Many of the witnesses examined, bv whom the district attorney apparently, expected tp prove the charges against Senator Diet rich, testified only to matters, which, In the- opinion of the committee, could hn-t have been accented In court as less! evi dence, relating principally to, statements auegea to nave neen made ny nsner and others. In the absence of Senator Dietrich, to the. effect that Fisher had been re quired to pey a nitn of money in order to secure tr.e appointment or postmaster at Hastings. The statement of . the witnesses thus testifying are positively and unequivocally denied by the parties with whom It N alleged such conversations were had. and an examination of the testimony will, ths committee thinks, lead to the conclusion that such alleged conversations are Im probable and never took place. Upon full consideration of nil of the evi dence the committee Is of the opinion thtt Senator Dietrich has not been guilty of nny violation of the statutes of the United States or of any corrupt or unworthy con duct relating either to the appointment of Jacob Fisher a' nostmaster at Hastings. Neb., or the leaning of the building in ques tion to tne united states ror tne purposes of a postofflce. MRS. CODY ASKS A COMTIMANCE Also Objects to Judge Who is to Hear ... Divorce Case. BASIN. Wyo., April IS. (Special Tele gram.) Court convened this morning, with Judge J. lx Stotts onthe bench. The largest; locket .ln th: history of the" Fourth" Judicial idiBtrlct confronts him. The total Is elghty cases, equally divided between civil and criminal. The most ' noted civil case is that of W. F. Cody, who Is suing for absolute divorce. John P. Arnott, on behalf of the defendant, asked for a con tinuance to the fall term of court, sitting at Sheridan December next, when Judge Btotts will be sworn off the bench on ac count of alleged friendship for the plaintiff. The grounds for asking the change was that on account of railroad facilities Sheri dan would be more easy of access to the defendant's witnesses. An answer to Cody's petition will be filed In a few days. Great Interest is felt over the mob cases which will come up for trial at this term. There are thirty-five charges of murder, each against eight persons and one against another must be disposed of. Along with those Indicted figure the names lof persons heretofore considered the most substantial and infiuenclal cltisens. The cases will be stubbornly fought. Prosecuting Attorney John' P- Arnott will be assisted by P. S. Rldgely and C. A. Zerhring. James G. Tat lock will bs the first tried. His trial Is set for Monday next and ths trial of George Sabln, tbe alleged leader of ths mob, will follow as soon . as possible. Jack Currock, the last of those arrested in connection with the violence of last July, was admitted to bail today In ths sum of $S,000. Completes Fort Russell Houses. CHETENNB, Wyo.. April 18. (Special.) Contractor M. P. Keefe has completed seven brick, and stone residence buildings at Fort Russell and ths finished structures have been turned over and have been ac cepted by the government. Contractor Keefe has a force of men laying two miles of stone flagging, which ia replacing tha old board walks at the post - Other con tractors are building sewers. Improving the grounds, etc. Work is progressing rapidly on several sets of Infantry barracks, offi cers' quarters, bakery and other buildings. Two hundred and fifty mechanics and la borers are employed on the new work at ths post Meade County Republicans, BTURGIS, S. D., April II (Special Tele gram.) The Meade county republican con vention was held here today with a large attendance, every precinct being repre sented. Strong resolutions wers passed en dorsing the administrations of President Roosevelt and .-Governor Herreld. . The delegates were Instructed for Congressmen Martin and Burke and for the entire su preme court A strong delegation favor Ing ths re-nomlnatlon of Dr. W. G. Smith of Bturgls for railroad commissioner was selected and Instructed for him. - Duel with Whip ui Shovel. CASPER, . Wyo.. April 18. (Special. )- Wlnt Sensabaugh and T. S. Steed fought a desperate duel on ths Muddy. Sensabaugh was cleaning an Irrigation ditch and was ordered away by Steed, who attacked the Irrigator with a riding whip. Sensabaugh defended himself with a shovel and gave Steed a terrible beating. When the latter cried enough hs was permitted to arise, but Immediately drew a knifs. Beneabaugh avoided his rush and secured, ths knife. Steed then went boms and with a rifle took several shots at ths Irrigator, Breaks Prlsoa Record. SIOUX FALLS. 8. V., April l--(Spsclal.) Ths number of Inmates In ths Sioux Fails penlteLtlary has" Just boon Increased by eleven mors prisoners being lodged be hind Its walls, ths eleven having been placed In the penitentiary In one day, which Is believed to break all previous records In the history of that Institution. Nlns of ths new prisoners wers sentenced in ths United States court In this city, ths re maining two being sentenced In ths stats circuit court for MoCooK count WILL NOT PRODUCE MOYER Gofemor fsaboJy Decides ihtt ll Will Bt Uniafs Proceeding. COURT WILL BE ASKED TO rCDlfY ORDER General Bell Asserts that Attempt Would Re Made to Rescue Prisoner from tha Soldiers. DENVER, April 18. After conferring with Attorney General N. C. Miller. Attor ney John M. Waldron and General Sherman Bell today. Governor Peabody decided that he would not produce the body of President Charles H. Moyer, president of the West ern Federation of 'Miners, before the su preme court on Thursday . under the writ of habeas corpus Issued last Friday. Mr. Waldron will appear before the su preme tribunal and ask thai the court Is sue a modified order. Hs will set up In Ms return that under the present circum stances It - Is unsafe to produce the peti tioner and will ask the-court to "proceed with ths case the same as If ths petitioner wers In court. ' This stand was taken because of repre sentations made by General Bell. He told the governor and attorneys that he waa satisfied that a plan had been formed by union men whereby Mr. Moyer would be rescued from ths custody of the few sol diers who would be sent In charge of hlrfi, or harm might come to him through the actions of men In 8an Miguel tounty op posed to the Western Federation Of Miners and to union men in general. At the conference today representations that will be put In the return to be made to the supreme court by the state officers were decided upon. The answer will main tain that the power ofNthe governor Is su preme In such cases. It will bo maintained that he hn the authority to arrest and Im prison at will for the good of the state and he may Incarcerate any person for an In definite period. It will be said It is neces sary to keep Mr. Moyer in custody for some time yet, as it will be Impossible to bring about peace in San Miguel county unless he la kept In confinement. Kip Them In the Bud. If you have- loss of appetite, headache, constipation or biliousness take Electric Bitters. It cures or no psy. Only SOc. For ale by Kuhn Co. HILL , HOLDS WHIP (Continued from First Page.) adopted by a viva voce vote. The list of delegates, alternates and electors was read and adopted and the state committee was announced. . At 10:80 ths convention adjourned without day. i A Haa Jladly Injured. Or painfully hurt, burned, bruised or wounded gets quick comfort from B'jcklsn's Arnica Salve. It cdnquers pain. 25c. For ale by Kuhn Co. FORECAST OF THE WEATHER Fair and Warmer for States of Xe- ' braska and Iowa Today and Tomorrow. WASHINGTON,-., April 18.-Forcast for Tuosday and Wednesday) For Nebraska! Fair and warmer Tues day; Wednesday fair. For Iowa: Fair -Tuesday and Wednes day; warmer Wednesday. , .,., For Montana;, Fair Tuesday and Wednes day. . . ., For Colorado and Wyoming: Fair Tues day and Wednesday; eolder Tuesday In west portion and In east portion Wednes day. For Missouri: Fair Tuesday and Wednes day; warmer Wednesday. For Kansas: Fair Tuesday arid Wednes day. For North and South Dakota: Fair and warmer Tuesday;. Wednesday. Increasing cloudiness. - Local Record. OFFICE OF THE WEATHER BUREAU. OMAHA, April 18. Official record of tem perature and precipitation compared with the corresponding day of the last three years: 114. 1903. 1903. 1901. Maximum temperature... 6B 68 AG 67 Minimum temperature...; 40 fo fjo 31 Mean temperature.,...,.. 48 r.S 58 44 Precipitation 00 fS T .00 Record of temperature and precVitatlon at Omaha for this day and slnos MXrch 1. 1904: , ... Normal temperature , , 58 Deficiency for the day , 7 Deficiency since March 1, 1904 24 Normal precipitation 11 Inch Deficiency for the day '. 11 Inch Total precipitation since March 1.2.42 Inches Deficiency since March 1. 1904.... .79 inch Deficiency, for cor. period W3...J.20 Inches Deficiency for cor. period 1902... t. 07 inches Heport of Stations at 7 1. SI. 4 n c ; 3, CONDITION OF TUB WEATHER. ; s 15 Omaha, clear Valentine, partly cloudy North Platte, clear Cheyenne, clear , Salt Lake City, cloudy .. Rapid City, clear Huron, -clear Wllllston, clear Chicago, partly cloudy ,. St. Louis, clear St. Paul, clear ............ Davenport, clear Kansas City, clear Havre, clear Helena, clear Bismarck, clear Galveston, clear 54 M .00 56 62 .00 84 TO .00 80 64 .00 70 70 .00 66 64 .00 44 60 .00 44 48 .00 44 CO .00 68 6H .00 40 4 .00 60 04 .00 68 64 .00 62 6(1 .00 bti 66 .00 42 43 .00 70 74 . 00 L. A. WELSH. Forecastsr. A FATALJillSTAKE Is Often Mada by the Wisest j)l Omaha It's a fatal mistake to neglect backache. Backachs is ths first symptom of kidney Ills. , Serious compllcatjons follow. Doan'a Kidney Pills cure them promptly. Don't delay until too late. Until It becomes diabetes Blight's dis ease. Read what an Omaha cltlsen says: Mrs. Kanude Thompson of 808 Douglas street, sys: "It Is nearly twenty years since I first had trouble with my back and kidneys, and In plts of all doctors snd medicines could do, I gradually grew worse. There are very few people In my neighbor hood who do not know how I suffered. Seeing Doan's Kidney Pills advertised I sent to Kuhn A Co.'s drug store for a box. After using it I found the pain In my back had passed away. T cannot use words strong enough' to express my opinion of Doan's Kidney Pills after what they did for me when sverythlng else had failed." - For sale - by all dealers. . Pries W cents. Foster-MUburn Co., Buffalo. N. T., sols agents for ths United States. Remember Uie aatua Doan's aad take ao ubsUtuta. CARTERS CURE-.-- Irk Bsedsrh inn rrller ill tfi troubles let dent to a billons (t of the Tii"m, tack ss Pis tlnsss, Nsases, Irewi!net, DlitrtM after sating, Psla la tb !, While their most renatn able suecsss h bees stows to coring BradM'he.tct t'srtn'sT.ittle LWrr Villa sre sentrl ' vslsstils la Coustipstloa, curing md preventing : this annoying complaint, whin thajr ' correct. , all disorders of l stomach, stimulate ths llvw sad ngolate ths bowels. Mm If they only cured - Arbe they woald blmotprltlei to teeeewas ndrrfmm this dlntrwtng complaint; bot fortu- -, Dstsly their goodness does not end br, snd toots .mho encs try tbers will find th little pills' vain sble in so many Wsyt that they will not b wUliag te io without lhes. But after all itch Bead f- tha ban of so many Urea that here ia where we make oar great soask liar I'iUs care It Walls , O'.hera da sot. - Csrtsr's I.lttle Liver PT1U re very small aad try eaay to tske. Ons er two stlii uiakas dose. They ar atrirtly veertsnle snd do sot grips or parte, kut by their gentle sctlon pljaaa all wte uMthmn. lnvlalaaiMeentsi forIL Bold , by Iragglsta everywhere, er asat by matu CARTER MEDICINE CO., Now York City DON'T FIND FAULT . with your climate Just wear . ' . which . makes you ', In dependent, of ..sudden changes in temperature. Its pure linen that does it not a thread ol cot ton In Kneipp goods. r J lOBrSAU HX WILLIAMS & SMITH CO, MRS. J. DEN SON Brave Women Women's delicate nerve organism sub jects them to so iifuCh -f.uffcrlng that it Is almost Inconceivable how they manage to fulfill the various household ad. soolal duties, and yet they do and stiKcr. A , It is because they are 'brave. " As a rule, they undorst&nd -the nature of their delicate organism, but overlook tha wonderful Influence their nervous system has upon their general health. They are not sufficiently Impressed with the fact . that all .their 1'ilV are directly trshenhle to tfie nervous r.ysteirt. : That their periodical M.tTerlag aad head acnes, are aue to vennenea m-Pvea, -I Dr. Miles' Nervine hat been Wonderfully successful In rsvltal- lxlng the nerves and curing all cases of, nervous disorder! and loss of vitality. Thousands of delicate 'Women have re gained their hnlth and vigor by Its use, and the thourhtful fortify themselvee by keeping their nervous system strong ana . vigorous by Its use. rFrom a thin, nervous wreck, miserable and WMlched, I am now enjoying splendid health, and It !s all traceable to your, spler.dld modli'liie, Dr. Miles' ' Restorative Nervlne'-lTRS. MAUD. B. OPUNGER,' Philadelphia, Pa. . ,M Money bock If first bottle falls to benefit. A skin op r-BAtrrr is a jov POBBvett. DR. T. FELIX OOOaAUD'l OB IE NT At CBBAJf , OA MAGICAL. BKAUTIgiJCJa . Vamoraa Tan, rimplei.FreriieB. SOU i MCDMj 11MH, srta B tuiaaaoa, ana crtry biaaiinj .un uvauty, ton VleeeideMctlan. it Ffhfta fttood tha teat m 1 1 " i , u,vwoi Af cert no couotar ftlt of almllaf nama. br. L. A. HAvra aalil to a ilmily of Uie tumt. l-'Aa you ladles FwUl is tlwni, I reoo m m a d 'fiauTUid"t Cnwm' as tba least harmful of all ths (kin praparaUona.' For aala by all Draflts snd PMarOoetia Daalera in tha V. g., Canadaa. and Cnrona. FtRD. T. HOPKINS, Prtpr. 17 urMt Janet H, K. '! ' ' AHUSKMKNTS. ; r ' BOYD'S ,V0S.ai.r.BUr- ,- i , TONIGHT AyNP ALA. WEEK . TUB HU'K t KC1I.IA SHAY UHAII OPERA, COMPAJIY. . Tonight snd Sat. Mat, CARMEN. Wed. Mat. and Sat. Night, BOMB MIAN GIRL. Wed. Night, II. TRtlr VA TORE. Thui-s. Night,. KA1J8T. Friday Night, PAOUACCI AND TICANA. Piioes 26c, Mc.'Wc. tl.HO, J1.60. Bar gain Mats. Wsd. ajid bat., -Be and Uio. Telephone 1031. ,, EVERY NIGHT MATINEES THURSDAT, SATURDAY, SUNDAY. Modern Vaudeville Marcel's Art Btudies & lias ftllef. Mldglcy A Carlisle, Clara Ballerinl, I'AUy . link, ixiulstt Hrehaney. Trask Gladden, Arthur BalUrliil s Vug; and the Kiuodrome, KR.UG 15-25-50-75C Tonight at k. 10 Mat. Wed. GEO. jcomp.ay ixhe Good Old t VANS I Fi.ty i Summer Tims Immense Musical Comedy Hit. Thur. Night "Georgia Camp Meeting." A Fine Musical Program Mil's Gamble, Miss Fawcett, Mr. Medina and Mr. Manchester may be heard In a choice program of quartette and solo work Tarsday Krtalsg, April 1 1,; H o'clock, at Trinity M. K. Chnron. Corner Blnney and 21st Streets. Assisted by Omaha Violinist. Mc Cus caden. ADMISSION K CENTS. ' .ii.' . j Red Snapper Spanish , Tuesday Dinner. . Strawberries Every Day ' 'at tbe CALUMET : : s J L.-w fflT'l