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ESTABLISHED JUNE 19, 1871.
OMAHA, THURSDAY MOIIXINO, DECEMBER 1, 1004 TEN PAGES.
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ENJOINS THE TAXES
Buriingtoi and Union Ptoifio File Petition
ia the Federal Court.
TEMPORARY ORDER IS GRANTED BY JUDGE
Date fer Hearing on the Petitloi Hot
Definitely Settled.
COUNTIES WHERE ROADS FUN AFFECTED
Actloa Taken New to Foreitall 2"7
on December 1. -1
PETITIONS VOLUMINOUS DO ITS
Read Iaslt Valaatloa 5 let
tha New Revenue Law li ic ,
aire Compared wl 5. .
Other Proper r. l g, 1
The Union PacJfln Hallway company,
, through Its attorney, John N, Baldw.n,
an4 tha Chicago, Burlington & Quincy
and B, s M, Railway companies tin ouch
their attorney, J, B. Kelhy, appeared be
fore Judge W, H. Manger In tha UniteJ
State circuit court Wednesday ee dug
and secured a temporary restraining ord
agalnat tha county treaatirera of tha dif
ferent countle of tiia ntata of Nebraska
through which their respective read run,
from attempting In any way or manner to
colluct tha taxea levied against the com
plainant roada or from enforcing any of
tha terma of any tag warranf which may
now or hereafter be placed In lhair hand,
Judge Munger granted the temporary
order and the hearing la aet for Monday or
Tuesday, December Zfl or 87, 194,
Tha petition accompanying tha applica
tion made by the Union Pacific la of v-enty-four
printed pagea.
The haste In aeeklng tha reairalnlng
order la owing to tha fact that under
the new revenue law of Nebraska the
taxea of railway corporatlnna become due
and delinquent on . December 1, and tha
tax collecting official of the respective
countlea are authorised under the law to
levy upon any fund that may be In the
hand of any agent of the respective com
punlea to apply upon the delinquent taxes,
or that may thereafter cntna Into their
handa so long aa tha taxea remain unsat
isfied. Hence, aa thane corporation taxea
become due on and after today, the rail
road had to hurry and get tha restrain
ing order granted,
Baldwin Kates Case,
Mr. BaUiYln' of tha Union Paclflo said
last evening: "We atand ready to tender
' tlio taxea unconditionally, but we want to
be traated Just aa fairly aa all other tax
payers, It la true that we have attacked
the assessment made by the state Loir J,
There la a difference of about 163.000
between the assessment returned by
the state hoard and our claim of
what the assessment should be. We have
tendered the taxea an thla basis to about
one-halt' 'of " InoVtwentyHseven" countlea - of
tha state of Nebraska through Which our
road passes. .Their , acceptance of thla
proffer cjoas not prevent them from bring
ing ault against ua for the balance should
It be decided by the courta that tha as
sessment made by the atate board la jUBt
and legal. We make thla proffer abso
lutely unconditional. Tha law require
that all property ahall be assessed at the
actual value. We claim that all property
has not been ao assessed, particularly tha
railroad property, The aaaeesment upon
ua has been made upon the entire valua
tion of all our property, Including real
estate.
"We own thouaanda of aorea of land in
the atate and these" landa are alwaja as
seseed wherever found, and tha taxea are
paid on them, wholly independent of their
relation to other railroad property. Under
the present assessment made by the stale
board thla real estate la again asaeaaed
In tha railroad valuation," - -
The petition alleges that the Increase la
the assessment of railroad property waa
brought about by Improper, Illegal and ex
trlntlo influence and public climor. Tha
Increase being from I6.U3.SU In 1808 to
SJ0.57S.eJ0 in 1W4. making an Increaae of
14,252,278, or 7.i per cant. Real estate In
Nebraska la assessed at not more than 70
per cent and only 30 per cent on moneys
and credits, live atoolt at 60 per cent and
merchandise . at 40 per cent He.ice. the
pretended assess roent of the sia.e beard on
the railroads was Illegal, exceaalve and
improper and by gasesa.ng proper .y ouuide
, tha jurisdiction of the board waa the
Illegality of the proceeding accentuated.
Poaltloa of Burlington.
. The conditions regarding the Burlington
are somewhat different in detail, though
similar In their general aspect. Auegt
thla matter, Mr. Kelby ald: "The Bur
lington, baa been assessed about 60 per
cent of its entire valuation and we are
given no credit for the S7S.eoo.0Ut of prop
erty, outside the state of Nebraska, which
includes our Chicago and other terminal
The Burlington tax thla year will be 1136,-
000. more than laat year and 11 75. 000 more
than in 19oi The Burlington paid a total
as (US. 000 taxea In this state last year. It
la our Intention to bring the county treaa
ware into court to defend this last aa
aeaaineni. Wo have already made a ten
der of DO per oent more of the tux valua
tion than last year. The apparent in
justice of the law is shown in the faot
that the railroads are assessed at ono
sixth, while all other properties are -aesaed
at but one-aevemh to one-tenth."
Order of thai Court.
Following is the order of Injunction, as
prepared by the L'nl n Pacific Railroad
'company, and la dtieuccd to the various
'county treasurers, and is s part of tho
proceeding;
- On the SOth day of November, 1WH, thla
cue coming on for bearing on the mo
tion of John N. Baldwin, attorney fur
the complainant, for a writ of Injunction
and a restraining order, and the court
having examined the bill of compiutnl and
the paper therein aet forth, and btdng
advised In the premises, it Is ordered and
adjudged that the hearing on the appllca
t on lor a writ of Injunction be ned for
1. .' ' 1 wo. Pending
the hearing and determination of aaici mo
tion tha aatd defendant, and their clerk,
servunta, ageuu employee, an.l each uni
all of them. sr. hereby commanded and di
rected to refrain:
ft.1"".0'." ulumrtlng In any manner to
collect the taxes levied against the com
plainant herein. I nam laclilo Kallroad
company, or irom enforcing tha tor. us of
any lax wrrn5 whieh may now or here
uftr be placed In their handa
ocond From in any manner attempting
to carry out the provUlune of section 10
MD of Cobbey'a Annotated alalia of Ne
braska for the year la S. or to take any
Btepa or procedure under said section
Third From notifying any agent or c nicer
of said complainant In the county where
It Is alleged said tax U delinquent, and
from notifying any officer or agent of the
roniplainaat. 10 pay over any moneys thai
nay be In his hands or that may here
tfter ronie Into his hands belonging to the
complainant.
Fourth Aud from In any way, form or
Vj ICoaXijMUni oa gauoufl face.)
ITALIAN PARLIAMENT OPENED
King Vletor Kmminorl Expresses
Beth Liberal and Penreful
Principles.
ROME, Nov. 80. King Victor Emman
uel, who waa accompanied by Queen
Helena, reopened Parliament today. From
his at ln the senate at the Palaxxo
Madama the king read the speech from
the throne, expressing liberal, peaceful
principles, which were enthusiastically ap
plauded. The weather waa magnificent. The pas
sage of the king In procession to and
from the palace of the sennte waa a gor
geous spectacle. The atreeta through which
the royal cortege passed were lined with
troops and behind them the people were
packed, while the windows, balconlea and
terraces were crowded with alghtaeers. The
aoverelgna were accompanied by Prince and
Prlncesa Francis Joseph of Battenberg,
Prlncedsee Xenla ef Montenegro and Elena
of Bervla, the count of Turin, tha duke of
Genoa, and tha duka of t'rblno. The king
and queen rode In beautiful gala sliver
mounted carriages, escorted by a guard of
honor of mounted cuirassiers, whose hel
mets, breast plates nnd aworda sparkled
In the sun.
Aa the procession passed through the
atreeta tha cannon of the cae.la of Bt.
Angelo boomed, tha hlaiorlo telle of tha
capltol rang out welcome, the men
ahouted, "Long live the king," and the
women waved their handkerchiefs.
The hall of the senate waa crowded
and there waa an especially bril.lint
gathering In the diplomatic tribune, where
the United States was repta er.ted by Am
bassador and Mrs, Myer, The whole as
sembly atood and applauded for several
minutes when tha aoverelgna entered. Pre
mier Qlloitl called the roll of the mem
bers of the senate, who took the customary
oath, and then the king, Bitting on tha
throne, read his speech.
Tho speech began by greeting the rep
resentatives of tho nation nnd the- king
then referred to the birth of the crown
prince as a "much desired event which has
rejoiced my house, while the general man
ner In' which the people Joined In the' good
wlahea and felicitations showed that the
joy of my family la the Joy of the nation,
and demonstrates the Indissoluble union
between the monarchy and the peoplo
which has formed so great a part In the
success of the country."
Alluding to the name (Prince Humbert
of Piedmont) given to the crown prince,
the king expressed tlie hope that It will
recall the vlrtuee of the late King Humbert
and be an augury that the crown prince
will find felicity In the love of the people.
Continuing, he aald:
When for the first time I spoke before
Parliament I affirmed my strong belief In
liberty. My expel lencea since then has
confirmed my boHef and has permiaded me
that only with liberty can the iioiideroiia
problems now standing before all the peo
ples of the world rained by the new ap ra
tlona and new attitude of tha social forces,
be solved.
Rt'SBIA WATC1IKS TUB BRITISH
Keenly Alive to Httaattoa, bat Has
Made No Overt Move.
8T. PETERSBURG. Nov. 30. The state
ment that ' Rnsfrta Is concentrating troops
on the Afghan frontier la denied. Never
theless, It is undoubtedly true that Russia
la' watching with some misgivings tha Brit
ish plana for the reorganization and In
crease tif the Indian army aa well aa the
dispatch of a deputation to Persia. Coming
on the heels of the Thibetan expedition,
these movea naturally create the suspicion
that Great Britain la taking advantage
of Russia's preoocupatlon In the far east
to strengthen lta position on the Indian
frontier of Persia,
Russia aeema keenly alive to the altua
tlon, but no open move has yet been made,
and the authorities are not disposed to ad
mit that any la In contemplation as a coun
ter move in Persia. The deputation from
the shah of . Persia, headed by Rlza Khan,
former minister to Russia, whloh goes to
Constantinople In a similar capacity, Is re
ceiving considerable attention. The depu
tation Is now on Its way to St. Petersburg,
and its ostensible purpose is to visit and
congratulate Emperor Nicholas on the birth
of an heir to the throne. While It is not
admitted here the idea prevails generally
that the mission is not devoid of political
significance. Rlxa Khan will be received
with befitting honors. The emperor will
give a state dinner to celebrate the visit.
NOBLES 1KB TO AID VILLAGERS
Honey Subscribed In Honor of Rua
slam Heir Will Go to Srboola.
MOSCOW, Nov. SO. A conference here of
the marshals of the nobility, discussing the
moat adviaablf use of the fund subscribed
by the nobility In honor of the birth of the
heir to the throne, unanimously opposed
the proposal to devote the money to found
a second naval college for scholarships In
the existing college, favoring the use of the
money In opening village sohoola on the
models of Uie Ies Moullne schools in
France arid the Lit schools In Germany.
This action Is considered significant.
The town council has undsfmously
adopted the proposal of Prince Galltxin,
mayor of Moscow, to summon a confer
ence of all the municipal councils of Rus
sia. The resolution sets forth the desir
ability of mutual co-operation and the ex
change of Ideas, points out tha admirable
reaulta of ths Joint aotion of tha semstvo
in Red Cross work and aaka the govern
ment to authorise the meeting.
GERMANY AND Al'STRIA BREAK
No Pwrtber Attempts Will Be Made to
Perfect Commercial Treaty.
BERLIN, Nov. ao. The rregotlatlons for
a commercial treaty between Germany and
Austria-Hungary have been broken off
oompletely and In the present mood of the
German government they will not be re
sumed unless the Initiative comes from
Austria-Hungary. Interior Secretary Count
Ton Poadowsky-Wehner, who has been
conducting negotiation at the Auatrian
capital for the last four weeks, returns
here today.
The semi-official newapapera are exasper
ated over what la defined here aa "Austro
Hungarlan obstinacy," and threats ara
made to denounce tha existing treaty and
open tariff hostilitlea aa a meana of showing
Austria-Hungary that reciprocity la better
than a tariff war.
PANAMA
MAKES
PROPOSITION
Secretory Toft Will Reply la Wrltlas;
Today.
PANAMA, Nov. 0.-Secretary of War
Taft, who ia here for tha purpose of ef
fecting a settlement of tha differences be
tween Panama and the Canal commission
received the Panama proposition in writ
ing, late thla afternoon and may make his
reply tomorrow. ,
The negotiations between Secretary Taft
and -the government ara being conducted
In eecret, and no details as to thalr nature
will be made public until an agreement Is
reached.
Secretary Taft was given a dinner this
evening, at tha American legation.
MRS. CIIADVYICK WILL SETTLE
Attoraey for Herbert B. Newtoa. Baji Bait
for $190,000 Will Not Come to TriaL
DEFENDANT IS ILL AT HOTEL IN NEW YORK
Her Lawyers state tbat She Will
Settle All Claims Against Her
Loan of the Oberlla Bank
Secured.
NEW TORK, Nov. 80. "Mrs. Coasle L.
Chadwtck will settle the claims against
her by Herbert B. Newton of Brook. ln.
Mass., for tlflO.OOO upon a cash baala and
In full." Thla waa the statement made to
day by George Ryall of the firm of Bag
gott A Ryall, counsel In New Tork for
Mr. Newton. 1
"I have seen Mrs. Chadwtck at her
apartmenta at the Holland house today,"
aald Mr. Ryall, and aa a result of my
talk with her I am able to say the case
will be settled In full. The settlement
will be made on a cash basis and our claim
will be paid In full.
"Mrs. Chadwtck has many powerful
friends both In thla city and in Cleveland,
who are Intereated In her case and our
case will be settled out of court amicably.
Of course I am Interested only In the set
tlement of Mr. Newton's claims and I
know nothing about any other claima
agalnat her. The hearing against her aet
down for trial In Cleveland tomorrow will
be adjourned by request pending the nego
tiation here now for aettiement. I expect
within the next twenty-four houra to have
tha terma of aettiement arranged and to
make a statement In the matter. Mrs,
Chodwlck la Indignant at the pulblahed
stories connecting her with another wo
man," continued Mr. Ryall, "and when tha
case has been settled she la very liuble
to bring suit against some people. She also
denies the stories to the effect that
several banks are Involved In her cae."
Mr. Ryall declined to dlsousa the alleged
Carnegie endorsement of Mrs. Chadwlck's
notes, saying:
"What la the use of talking of that now,
as the case Is to be settled T"
Mrs. Chad wick Reported III.
Mrs. Chudwlck Is now serloul
111 at the Holland house. Two maids and
a nurse are In constant attendance and
a physician Is always within call. While
the greatest secrecy Is maintained at the
hotel and her presence there Is not admit
ted, It is said that Mrs. Chadwlck la on
the verge of a nervous breakdown as a
result of the publicity which has followed
the ault to recover nearly (200,0,0 which
wa brought by Herbert D. Newton n'.
Brookllne, Mass.
Up to yesterday, while It waa believed
that Mrs. Chadwlck was still at the Ho -land
house where ahe registered laat week,
there waa no certainty that the had not
left the city. At the hotel it was eald thai
ahe left there several days ago and that
her whereabouts were not known. Last
night, however, when a repot t reached
the police that Mrs. Chadwlck bad com
mitted suicide, a prompt investigation dis
proved the suicide report, but established
beyond question that she u still at tbe
hotel.
Philip Carpenter, one of Mrs. Chadwtck'
attorneys, gave out tho following state
ment today:
Mrs. Chadwlck states that Mr. Carnegie
never had any connection with her affairs.
The statements that have appeared tn the
firess to the contrary are untrue. She Is
00 111 to make any general statement at
thla time.
Edward W. Powera of counsel for Mra.
Chadwlck aald today that many of th
claima against Mra. Chadwlck will never
be recognized In a legal court. "Juat how
many claim there are I do not know,"
said Mr. Powera.
"Will the claims aggregate 11,000,000?" war
asked.
Mr. Powers paused for a considerable
time before replying and then auid:
"Well, approximately, you can put It at
that sum. For all I know there may be
claims for 120,000,000 against her, but all
legal claims will be met, as she Is an honest
woman."
"Hae aha enough money to meet the
claima of $1,000,000?"
"Yea, more than enough," was the reply.
"How about the intimation that eome
people are trying to blackmail Mrs. Chud
wlck?" was asked.
"Aa far as I know there Is nothing in the
blackmailing line, but there are some peo
ple who are presenting clulma against Mrs.
Chadwlck who have no legal right to do
so."
Mr. Powera said he waa not ready to give
out a list of the creditors or to reveal their
namea. He said that he waa not in a posi
tion to state whether any one had en
dorsed hotes or collateral for Mrs. Chad
wtck. "It was the greatest kind of an outrage,"
aid Mr. Powers, "to Intimate that there
was any connection between Mra. Chad-
I wick and Madame Devere. Nobody now be
lieves it."
Says Mra. Chadwlck Ia Responsible.
CLEVELAND, Nov. 80. Mrs. C. L. Chad
wlck wired the Evening News and Herald
of thla city 'as follows from New Tork
today:
Please deny reported aulclde and further
sav I have no Intention of committing any
auchact. C. L. CHADWICK.
While there were no sensational develop
ments in connection with the Chadwlck
oase here today tha matter continued to
be the all-absorbing toplo of discussion.
As a result of the notice Issued by the
officials of the Wade Park Banking com
pany, in which they declare their purpoaa
to take advantage of the sixty-day law
covering deposits, there waa no run on that
Institution today aa a result of the connec
tion of the bank wjth the Chadwlck affair.
Conservative bankers declare the Wade
Park Banking company to be In first-class
condition and fully able to take care of all
obligations.
Irl Reynolds, secretary and treasurer of
the Wade Park Banking company, declared
today that he had the utmost faith in tha
ability of Mra. Chadwlck to make good alt
her obligations. Mr. Reynolds declined to
discuss the statement made today by Presi
dent King of Oberlin college, In reference
to the loan made by the college to Mrs.
Chadwlck or to the United Btatea Steel
atock held by the Wade Park bank as
security. Mr. Reynolds intimated, however,
that he had never assured the college peo
ple that he held the amount of steel stock
named by President King.
"But at any rate," concluded Mr. Rey
nolds, "that la all a matter of the past.
Tha debt to the college has been paid and
that should end It"
Oberlin Bank Is Seeared. .
OBERLIN. O., Nov. M.-A1I Oberlin is
waiting tonlgttt. There is a decided reel
ing In the air that something will take
place that will change the sltustlo'n either
for better or worse as far as the afairs of
Cltlsens National bank are concerned. It
la generally known that President Beck
with has received two messages from New
York, during tbe day, one of which at
leaat beara the signature of Judge Albaugh.
(Continued on Second Fags.)
WELL PLEASED WITH RESULTS
November Sl, llx4.
BEE ri BLISHIXO CO.
(Jentlt'ttipn The reaulta of nrtver
tlsliiK In your want columns for our
special sitlo of Sales me lis Sn tuple
lUzorx were lu every wny sntisfttc
tory. In fnct, we hnve leeu selllnu
rnzors fHHter than we tun Hlinrpfn
them. I assure you that upon my
return to this city I will le more
than plensel to repeat the dono.
Yours respectfully,
LEW ROHEHT8. "Razor Klnir,"
Myers-IMllon Irug Co.
PRESENT CASE AT ST. PAUL
Attorney for Arrested Colorado nemo
erata Appear In Federal
Coart for Writ.
BT. PAUL, Nov. 80. Through the me
dium of a petition of Michael Dowd, who
deposea that he has been Illegally de
prived of his liberty by the supreme court
of Colorado, the election contest of Denver
was brought before the United Btatea cir
cuit court of appeals today. Attorney F. T.
Richardson of Denver presented the peti
tion of Mr. Dowd to Walter H. Sanborn,
presiding Judge of the court, sitting In
chambers, and asked for a writ of habeas
corpus for the plaintiff Dowd. claiming that
the supreme court of Colorado had ex
ceeded Its authority In committing Dowd,
and Incidentally a number of others, to
Jail for contempt of court. In connection
with the election contesta.
The state of Colorado, through Attorney
General Miller, wired Judge Banborn that
It desired to be heard in the matter, and
after Mr. Richardson hud stated hi side
of the case In presenting the petition Judge
Banborn made an order setting December 10
aa the day for a hearing of the case on It
merit before the court sitting en banc,
unless for some good reason it might ap
pear necessary to change the date. Judge
Sanborn wired the attorney general of
Colorado to thla effect, and unless good
reason Is shown the cane will be heard
then. Mr. Richardson said he believed the
other side would be ready at that time.
DENVER, Nov. 30. The supreme court
today heard argument on a motion which
has an Important bearing upon the result
of the election of governor and members
of the legislature In this state. Attorney
representing the republican party have
asked the supreme coart, which has as
sumed original Jurisdiction In the local
election cases, to order the Denver elec
tion commission to throw out the entire
vote of a precinct In which It Is alleged the
court's order relating to watchers was
violated, without an Investigation to deter
mine the number of legal votes cast and
without opening the ballot box. Should
the court order the vote of this precinct
thrown out the attorneys for the repub
licana will demand similar action In respect
tor about fifty precincts in which It la
charged that the court's orders were vio
lated. All these precincts gave majorities
for Alva Adams for governor and by
throwing out the returns " the republican
managers' hope to ovteomt Adams' ma
jority of about ll.OOi in the state and con
tinue Governor . Peubody In office. The
control of the state senate also appears to
hinge upon tha decision on this matter.
Two houra were given each side for ar
gument. Attorneys John M. Waldron nnd
II. J. Hersey made the arguments In favor
of throwing out the votes and United
States Senator Thomas M. Patterson and
Samuel Belford argued against such a pro
ceeding. Attorney Waldron, referring to the pre
cinct in question, said:
The ballots were mysteriously spirited
away and papers were aubstltuS which
no human being had ever voted. What we
ask now is that the so-called certificate,
which ia really no certificate at nil. be set
aside and the defendant elections commis
sion be ordered not to count the returns.
. Mr. Waldron charged that in the present
case the thieves had been punished, but up
to the present time they had been allowed
to keep the stolen goods.
FOOL KILLER NO. 3 MISSING
Peter Nlssen Has Not Been Heard from
and Is Probably Drowned la
Luke Michigan.
CHICAGO. Nov. SO. Peter Nlssen Is be
lieved to have either smothered or frosen
to death In his rolling balloon, "Fool
Killer No. 3," in which he started for a
trip across the lake yesterday.
The opinion th.it Nlssen was lost be'
came general this afternoon wheu It waa
found that after t.wenty-four houra there
was absolutely no word from the Inventor
who some years ago shot the whirlpool
rapids of Niagara Falls in a barrel. He
has not been sighted by any vessel.
Possibility of Nlssen'a smothering to
death was considered more definite when
It waa learned that his only supply of
air was that pumped Into the "Fool Killer"
before the craft was launched. It was said
by Nissen's brothers, however, that tho
navigator had computed his air supply
carefully and figured that it would last
him for a great number of hours.
At the weather bureau It waa said that
even If Nlssen reached shore he would
suffer from cold, as there was a snow
storm blowing near the Michigan shore,
and that, as his boat has no sneana of
heating and permitted of no exercise, tho
navigator would Buffer severely. The wind
toward midnight Increased from 'twenty
five miles an hour to a forty-mile rate.
With the exception of a report received
late tonight from BuftUngton, Ind., a vil
lage located seventeen mllea east of Michi
gan City, that four men had noticed a
dark object In the lake about three miles
off shore, which resembled the pictures
they had seen of Nlasen's aquatic balloon,
no trace of the missing navigator had been
received up to midnight According to the
story told by the men the object waa drift
ing alowly eastwsrd, but waa so far from
shore that they were unable to determine
certainly whether or not It was Nlssen'a
"Fool Killer No. ."
A relief expedition will be sent out to
morrow, but friends of Nlssen have little
hope of finding him alive.
PRESBYTERIANSJALK OF UNION
Pisa for Federal Council of Reformed
Cbarohea la Propoaed at
Meeting.
PITTSBURG. Nov. 80.-The commission
representing the seven branches of the
Presbyterian church In this country meet
ing here, decided today on a' plan of fed
eration for the various churehea, the most
important step yet taken toward the ulti
mate goal of organic union.
Rnv. Dr. D. J. Steele, secretary of the
commission, says the plan provides for the
establishment of a council, which will be
called the "Federal Council of Reformed
Churches in America, Holding the Presby
terian System."
This cauncll will have no power over the
worship, creed or government of the
churches, which will rejnain tha saw as
they ajwayg have be a
CONFER OYER IRRIGATION
Oonfliotisg Bights in Wyoming to Be Bet
tied Before Big Ditch is Cemmenced.
OMAHA MAN DINES WITH THE PRESIDENT
"nig Jim" White, a Former Rsnrhmaa
neighbor, Grte a Cordial Recep
tion by Orrnpant of tho
White House.
(From a Staff Correspondent.)
WASHINGTON. Nov. ,".-(8pecliU Tele
gram.) The geological survey announced
tcday tbat there will be a conference be
tween the Wyoming State Land board and
Engineer Field nnd Attorney M. Blen ot
the survey nt Cheyenne December i to dis
cuss various problems which hove arisen
regarding the North Platte Irrigation pro
ject. It apiM'ttra that many private Interests
In water rights have certain equities which
must be considered In connection with the
Irrigation project In the state of Wyoming.
The situation will be canvassed thoroughly
and the result of the conference forwurded
to the secretary of the Interior. Upon this
conference, it Is said, much will depend as
to hastening preliminary work In the great
North Platte Irrigation scheme.
James S. White of Omaha, who was a
neighboring rancher of President Roose
velt in 1S5 when the latter lived on hi
ranch at Medora, N. D., called on the presi
dent today. The president remembered hi
face and asked him if he was not "Big
Jim." Mr. White answered that this was
his sobriquet when he lived near the presi
dent and knew him. well. They exchanged
memories of bygone day and the president
Invited his caller to take luncheon with
him. "Big Jim" accepted In a cordbil way
and enjoyed hi chat with the president
over old day.
Burton's Case Is Argued.
The supreme court today heard
arguments In the case of Sena
tor J. R. Burton of Kansas, whi
uppealed from the Judgment of the district
court for the eastern district of Missouri.
Senator Burton was tried on a charge of
receiving compensation from parties for
representing them before the Postoffice de
partment, alleged to be contrary to section
17S2 of the revised statutes. The lower
court sentenced him to pay a fine of I2.00J
and to Imprisonment for six months. The
attorneys for Senutor Burton entered a
general denial of guilt and submitted ait
extended brief In support of their conten
tions that the court below erred in not
directing a verdict of not guilty. Senator
Burton was In court during the argument.
Senator Long and Pension Commissioner
Ware, both of Kansas, ulso were present
during the argument. Judge John F. Dil
lon, senior counsel for Burton, opened the
argument. He stated that he would not
make the defense upon any technical
grounds, but upon Its merits and on con
stitutional grounds. He declared that the
only charge made in the indictment was
not tried before the Jury and the Jury was
not allowed to pass upon It. He also
stilted that the Missouri court had no
Jurisdiction, as the alleged ' offense was
committed In Washington.
Judge Dillon occupied the time of the
court until adjournment. He was fre
quently interrupted by questions from the
bench, nearly all the Justices asking for
Information on one point or another. Judge
Dillon maintained that the United States
was not a party In Interest In the cases
in which Senator Burton appeared In the
Postoftlce department. Justice Harlan
asked if the United States was not Inter
ested In protecting Its molls from fraud, to
which Judge Dillon answered that the
United States was no more a party to such
matters than to other governmental busi
ness, and It was clearly the intention of
the law that the United States should be
interested as in the case of a claim against
it. Senators Culbertson and Mitchell were
In court during part of the argument.
Cork re 11 Sees President.
Senator Cockrell of Missouri called today
on President Roosevelt and had an ex
tended conference with him. It was the
first time the president and Senator Cock
tell had met since the election.
When It became evident that the result
of the election in Missouri would result In
the retirement from the senate of Mr.
Cockrell the president let It be understood
that he would offer to him a federal ap
pointment commensurate with his ability,
knowledge of public affairs, wide experience
and high character. At the conference to
day the president informed Senator Cock
rell that he would appoint him as a member
cither of the Isthmian Cunal commission or
of the Interstate Commerce commission as
the senutor might elect.
Senator Cockrell did not Indicate to the
president what he might do regarding the
1 proffer and said to hi friends after the
conference that he would not announce his
' decision, perhaps, for several weeks, as It
was not necessary that he should do so Im
mediately. Postal Matters.
Postmaster appointed . today: Iowa
Prole, Warren county, Oren Alexander, vice
v .1 11M.Ua ma I ,rr ciA M'..mli. ir Tin
dUIUtUinil filler, tr.ituru. .jw,,,ib
Big Horn county, AJirea L.. wuson, vice
Edward Hlllsberry, resigned.
Rural carriers appointed: Nebraska Pool
Siding, route 1; Perry Bourn, carrier; Earl
I Bourn, substitute. Iowa Spirit Lake, routa
!l; Cleveland A. Stillwell, carrier; Elmer
Kiphart, aubatltute. South Dakota How
ard, route 8; Christen Hauge, carrier;
Henry K, Hauge, substitute.
(ienrral Wilson In Charge,
Chairman Cortelyou of the national re
publican committee today announced the
; appointment of General John M. Wilson,
U. 8. A., retired, as cnauman ot tns in
augural committee.
Eejoal Suffrage Convention.
GENEVA, Neb., Nov. St. (Special.)
At the first session of the Equal Suffrage
convention last night but. few delegates
were present. Mra. A. J. Marble, chair
man, opened tha program and made the
announcements. Mrs. Young, state presi
dent, gave an address, referring to the
unjust employment of young children
and laws discriminating against gl Is and
women. Mrs. lira ton, local president,
welcomed the visitors In a pleaaant man
ner, and after the program all stayed for
a aoclal time .and refreshment. A beau
tiful bouquet of yellow chrysanthemums
wa I reaented by Mr. Younger through
Mr. Braytonto President Mrs. Young.
Treble t let Clab Meeta.
MISSOURI VALLEY, la.. Nov. 80. (Spe
cial.) The regular monthly open aesslon of
the Treble Cllf, Missouri Valley's well
known woman's musical club, was held
last night at the home of Mrs. B. A. Mo
Kay, on Third street. - The program was
as follows: "Biography of Charles Chad
wlck." Mrs. George A. Kellogg; "Noc
turne," Jessie Brandrlff; "Before tha
Dawn," Mra. It. C. Hills; "Biography of
Mra. H. li. A. Beach." Mra. C. W. Mc
Oovern; solo, Mr. Guy Smith; solo, Mra.
Charles Deur; "Ecstacy," Mrs, R. g. Hilla;
chorus, Treble C4 ...
NEBRASKA WEATHER FORECAST
Partly Cloudy Thursday) Rata or
Snow and Colder at Msbt or Friday
la West Portion! Fair la East.
Ilnap. nw
Hoar,
H a. m 21
a. m VI
T a. m It J
f a. m
n a. m Z4
10 a. m 11
11 a. m aa
VJ m 37
1 p. m
p. m ..... .
H p. m ..... .
4 p. m ..... .
It p. m
A p. fit
7 p. m ..... .
H p. m
9 p. m
4l
4S
4.1
4.1
42
41
4l
:
3H
WOMEN TELL OF PROGRESS
National Woman's Christian Temper
"anre l ain Hears Htporli from
lta Orgaalaers.
PHILADELPHIA, Nov. So. -Organisers
from all sections of the country occupied
the attention of the delegates to the con
vention of the National Women's Christian
Temperance union at the early session
today. Among those who made report
were: Mis Margaret Wlntrlnger of Illi
nois, Miss Lucia 11. Adlton of Oregon and
Miss Anna Bihhons of Illinois.
Mr. Sussunu M. D. Fryo, corresponding
secretary, read n letter from Miss Cora
Smart, the Women's Christian Temperance
union missionary In Japan. The letter bore
tiding of the good being worked there. A
sample of a comfort bag, thousands of
which have been distributed among the
soldiers In Manchuria, svas exhibited and
explained.
At the suggestion of Mra Stevens a mes
sage of love and appreciation was ordered
sent to Miss Smart.
Miss H. E. Dunhill, organiser for India,
nddressed the convention. She stated that
as yet the organisation hat but one rescue
mission among 300,000.000 people, but con
siderable attention Is being devoted to the
proper education of children and eradicat
ing the belief that Christianity brings In
temperance ,
A greeting from the girls In the Interna
tional Institute for Girls In Madrid, Spain,
was brought by Miss Elizabeth P. Gordon
of Massachusetts.), She said the temper
ance work was growing In Spain and the
teachings were n great help In dispelling
the wrong Impressions of the United States
and the harsh feelings that existed In some
sections against our country. ,
The convention approved a pledge with
drawing the patronage of the members of
the union from any store that sells Intoxi
cating liquors.
An amendment to the resolution requiring
honorary male members of the association
to abstain from the use of tobacco was lost.
An amendment raising the dues was also
defeated, but another amendment mnklng
all vice presidents nt large and first vice
presidents members of the executive board
prevailed.
Tha night session was conducted by the
presidents of states having made a net gain
In membership of BOO or more and was
known sa "State Jubilee night." The
states which participated were New York,
Indiana, Illinois, Ohio. Nebraska, Penn
sylvania, California.' Kansas and Maine.
These states show a net Increase of nearly
8.000 members.
' A collection wss taken for the benefit of
the nutlonal union, which netted between
$1,000 and $2,000. .
An Invitation was received from Los An
gele to hold the convention in that city
next year.
WORLD'S FAIRJENDS TONIGHT
Elaborate Program Planned for Laat
Day of the Exposition Franrla
the Gaeat of Honor.
ST. LOUIS. Nov. SO.-The final day of the
Louisiana Purchase exposition will be fit
tingly observed tomorrow and It Is said
that St. Louis will attend almost en masse.
The day has been set aside as a holiday,
a great number of the business houses will
be closed and the concluding day of the
exposition will be made memorable In the
history of the great World's fair. It will
be known as Francis day and President
David R. Francis will be the guest of
honor. I
All children under 16 years of age will
be admitted free, no matter whether they
are accompanied by adults or come alone.
It la to be a day of feativity and every
body Is expected to be there.
The exercises of the day will commence
at 11 o'clock on the Plaza of 8t. Louis, the
broad parade ground Immediately north of
the main lagoon known as Cascade basin.
Mayor Wells will present President Francis,
who will deliver his farewell address. Fol
lowing this there will be an International
parade and special entertainments will be
held In each of the large exhibit palaces.
At 8 o'clock In the evening. President
Francis will be accorded a reception of a
general nature In the house of the board
of lady managers. After thla Is .concluded
he will be escorted through the pike by
the executive committee and then sere
naded at the administration building. At
10:15 o'clock minute guns will begin firing
and continue until midnight, the general
display of fireworks alao adding to the
closing feature. Promptly at midnight the
illumination that , has amazed millions of
visitors with Its granduer ' will be turned
off and the World' fair will have formally
ended.
SENATOR PLATT ON THE STAND
Testimony of JlfW York Statesman
. Taken la Caae Agalnat John
Mitchell.
NEW YORK. Nov. SO.-Senator Thoma
C. Piatt gave evidence today In the suit for
$00,000 brought by A. D. Wales against
John MltcheH. president of the miners'
union. Mr. Wale declared that he fur
nished the plan by which the anthracite
strike of two year ago was settled.
The hearing was In secret snd nothing
of the .proceedings waa given out. Wales
claimed that Senator Piatt had knowledge
of the plan furnlahed by him to the coal
miner' leaders.
FATAL FIRE IN A LAUNDRY
Two Girls Are Barned as Rrsalt of
Explosion In New
Orleans.
NEW ORLEANS. Nov. 30.-Two deatha
have reaulted from the explosion and fire at
the Swiss laundry. The victim are young
girl, who were removed to the hospital
terribly burned. The dead;
GEOROIANA BEEHEK.
MARY NELSON.
Thlrt;' persons In ail were treated at th
hospital. Of these it 1 thought six will
die.
Wlsroastn Maa Gets Plase.
MADIbON. Wis., Nov. $0 Graham I..
Rlc. former rkllroad commissioner of
Wisconsin, received word today of his ap
pointment aa t'omnilaeionet of Immigration
to Porto Rioo,
JAPS GET CLOSER
Another Outer Defense ef the City ef Port
Arthur Falls.
SAYS MIKADO'S MEN ARE DEPRESSED
Ohiseie Arriving at Che Foo Beport Hetty
Losei to Deeiegisg Army.
QUIET ALONG FRONT AT MUKDEN
Correspondent! with General Okn's Army
Bay Oonditiont Are Unchanged.
K0UR0PATKIN BEGINS AN ADVANCE
Japanese Abandon Ua Paaa oa Thars
day Morning and tbe Ruaslaaa at
Once Occupy tbe Position
Vacated.
TOKIO, Nov. 30. it la reported that the
Japanese today assaulted, carried and re
tain the south' a.-uern portion ot 2U3-nielra
hill. -
Japanese Are Depressed.
CHE FOO. Nov. 30. Chinese who left
Port Dalny November 28 arrived heie to
day. They say the lighting before Port
Arthur continues. They heard firing No
vvmber 29 while at a. T.ie Chinese as
sisted in carrying the Japanese wounded
from the tralna to the hospitals and pcr
aonally counted l.OOrt. The Japanese, they
add, seemed depressed.
No Fighting with Oku.
GENERAL OKU'S HEADQUARTERS,
via. Fusan, Nov. 2. (Delayed In Tranms
slon.l The position of . the two aim.es la
practically unchanged. There has been no
fighting save outpost scouting, tktrm.she
and occasional Russian bombardments,
which are usually unanswered. NeUher
side show any indications of moving. Tbe
Japanese are not affected by the Increasing
cold weather.
Says Russian Advisee.
ST. PKTER8BURU, Nov. W.-Oeneral
Kouroputkln, under date of November 28,
reports that the Japanese force, which
cvacuted Tsinkhctchen (.near Da pnas)(
took up a fresh position near the village
of Suldun, about seven and a half mlies
southeast of that place. They carried off
many wounded. The Russians, on the
morning of November 29, resumed the
offensive, advancing In the direction of
Suidluun. Within one and a quarter miles
from there they encountered a Japanese
artillery fire. By midday the Russiun ar
tillery opened and under cover of it fir
the Russiun Infantry resumed the advance.
Elsewhere all la q.uiet.
JAPANESE DIET -FORMALLY OPENS
Mikado Addresses Lawmakers, Telling
' Them of Present Coudltloas.
TOKIO, Nov. 30. The emperor formally
opened the second war Diet today. He
rode through' the crowded streets in a
state coach,' escorted by troop of lancers
and accompanied by tbe orown prince, his
stuff and some members of the Imperial
household, to the House of Parliament,
where both houses were assembled in tbe
chamber of representatives.' The diplo
matic corps and many prominent govern
ment officials were present.
The emperor ascended the dais, from
which he read the following address:
We hereby perform the ceremony of
opening the Imperial Diet, and announce
to the members of the House of Peers and
House of Representatives that to our pro
found delight our relations with all the
neutral powers are continually growing
more amicable.
We have directed our ministers of atate to
submit to you a scheme lor meeting ths
extraordinary expenditures necessitated by
the war, together with the budget for the
thirty-eighth year of MeIJi, besides other
projects of law. That our expeditionary
forces have been victorious In every battle,
have repeatedly shown fresh proofs of
their loyalty and bravery, so that the prog
ress of the war has been ao constantly to
our advantage; that we expect by the loyal
devotion of our subjects to attain our ulti
mate object, and we call upon you to dis
charge your duties by harmonious co
operation, thereby promoting our wishes
and ends.
We hereby perform the ceremony of opesv
Ing the Imperial diet.
We announce to the members of the
house of peers and of the house of rep
resentatives: That to our profound delight our rela
tions with all neutral treaty powers are In
creasingly amicable.
-That we have directed our ministers of '
state to submit to you a scheme fur meet
ing the extraordinary expenditure neces
sitated by the war, together with tha
budget for the thirty-eighth fiscal year as
Meljl, bturfdea other projects of law.
That our expeditionary forces have been
victorious In every battle and have repeat
edly shown fresh proof of their loyalty
and bravery, ao that the progress of tha
war Is Increasingly to our advantage.
That we call upon you to discharge your
duties by harmonious co-operation, thereby
promoting our wishes and ends.
AMERICAN TO BB IMPARTIAL
Russian Press Expresses ConfldeaoaftnV
Appolateo of Presldeat.
ST. PETERSBURG, Nov. 3u. The news
papers, commenting on .the Ruaao-Anglo
North sea convention, while declaring
that, rightly or wrongly, the sympathies
of the United States are supposed to, be
with Japan, express the greatest confldenoe
In the Impartiality of whoever President
Roosevelt may select to sit on the Interna
tional commission.
CHEAPER GAS FOR 'FRISCO
Beporled that Jaeob rhlfl Will Or
ganise Company to Compete
for Business.
SAN FRANCISCO, Nov. SO.-The Exam
iner says today: Jacob Bchlff, the New
York financier, u one of the men behind
the proposition to establish an opposition
gas and electric light company In Ban Fran
cisco. A t5O,0uO,0iO syndicate waa organized
aom time ago in New York to take hold
of certain large Industrial propositions In
big western cities and one of these schemes
1 an opposition lighting plant In San Fran
cisco. Mr. Bchlff has already a considerable In
terest in the stock of the Bun Francisco
Coke and Gas company, which Is the foun
dation on which tho new lighting enterprise
Is to be constructed. The Ban Francisco
Cok and Qas company has an Issue of
Zt.Wt shares of Mock, of which 36.000 sharer
are held tn New York by eight men, Ir
eluding Mr. Bchlff. Three men in this c'
hold the remaining S.uuO shares. ,
Ths new company is already making
tracts for 75-cent gas for five years
consumers.' Just aa soon aa tha eai
manufacturers can deliver the pipe the I
company will put down a lot of mains.
Another thing that Mr. Schlff did while
here was to approve of E. H. Harrlman'
plan for a 33,0uo-foot tunnel through the
Sierra mountain. By thla mear.a over l.tuo
feet of the present mountain grade of the
Central Pacific will be got rid of, many
curves abolished gnd most of tha thlrty-atg
mllea of ecatljr suow ahaUs don sway with.