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ESTABLISHED JUNE 19, 1871.
OMAHA, WEDNESDAY MORNING, DECEMBER 7, 1004 TWELVE TAGES.
VERDICT OF CUILTY!USUALEND0F-ELINFRANCE
AH the Oregtn Lai ? tad Oompirttora
. kx Conrictfr1 f V tui Wart.
JURY IS OUT lUSi'VE MINUTES
No Xecomrendatine 5? Punishment
Am 11 - i
STRONG ARGUMENT l- ROSECUTOR
Attorneye far the Defendanta Coma in for
Jfo Littla ftebuke.
PREPARATIONS FOR THE NEXT CASES
Mrf Ware, Mho I. Acaalttedj
VI ill n- Central Figure In Second
S rlfct, "Which Will Commence
December 13.
PORTLAND. Ore.. Dec . The Jury In
the land fraud case which has been oo
cupying the attention of Judge Bellingers
court for over two weeks brought in
verdirt of guilty for all the defendant
with the exception of II la Marie Ware
thla afternoon after forty-five minutes' de
liberation. No recommendatlona aa to pun
ishment were made. Miss Ware waa ac
quitted following the Instructions of the
tourt.
The argument of Bpeclal Prosecutor
Heney In the land fraud case today waa
one of the moot vitriolic arraignment ever
heard In thla city. The attorneys for the
prisoner came In for no little rebuke at
th hands of the government's prosecutor
for th manner in which they have con
ducted their caae. Fact by fact, step by
step. Mr. Heney analysed the arguments
of counsel for the defense and the case
made Out against the accused persons by
the secret agents of v the government.
Mr. Heney closed his argument with an
earnest appeal to the Jury to return ver
dicts convicting the accused person of
their alleged crime. He asked that no one
be spared and that no cognisance be taken
. of the fact that a woman, Mrs. Watson,
is among the accused persons.
In his Instruction to the Jury in the
land fraud case today Judge Bellinger
asked for the acquittal of Miss Marie
Ware, whom th prosecution admitted on
Saturday was not sufficiently Implicated
In th present case to warrant her convlo
tlon. Th case . went to the Jury this
afternoon.
Prepare for Other Caaea.
Th trial of the second of the land fraud
cum will commence December 13. ' This
case I bused on Indictments against S. A.
D. Puter. Horace O. McKlnley, Mr. Emma
A. Watson and Marl L. Ware. Th charge
la similar to that In th first caae con
spiracy to defraud th government of pub
lic land.
When this caae Is called there will enter
Into th publlo eye th names of six persons
whom the government declares are fic
titious. Tbs name are Robert O. Tru
maJTnzak H, Hearoe, William H. Wat-
kin; Jatfalf JE. Warkick. Robert I Simp
' son and Bmul I Carson. Upon Mis
n-War. who came out of th present trial
Unscathed because th government did not
prov her' complicity In the alleged act
of conspiracy. It Is understood the govern
ment will oenter It attack. In this case
are Involved a number of signatures which
are alleged to have been forged, but ln
this hum, Instead of Its being merely the
nam of alleged dummies, It la stated the
government will show that Miss Ware,
while acting as United Btatea commissioner,
used th nam of R. B. Montague, former
deputy -oounty olerk of Linn county, and
admitted to proof alleged fictitious and bo
gus homesteaders. The government will
ndeavor to show that a a result of her
-I .... .1 . . 1 v ..111..
ment and necessary affidavits were ap
parently perfected and sent to Washington
for th purpose of securing patent to tne
' land,
; Other Cases to Come.
The act are alleged to have taken place
during th year 1301 and Involve land In th
Cascade forest reserve lying about twenty
, mile easterly from th town of Cottage
Grove, Or.
Th basis for th third case which Is on
th trial docket for thla term of court Is
forgery. It 1 an outgrowth of th pre
ceding oases. In this action th defendant
will be Horace O. MoKlnley, Marl A. War
and I. A. D. Puter. The forgery charge
which will be Incidental to the second case
will become th major counts In this case.
rm l&TAfrarin'A nam I wnt inttiAA mtnnnm
th accused for th reason that at th
lime wiinn iu iiiuiciiiiems were returned
Mrs.' Watson's alleged complicity waa not
so well known to th United States district
attorney,
Twe more case of forgery are Included
In th list of th land frauds Indictments.
These hare not been set for trial, though it
Is vary likely that they will be before the
present term of court ends. The are th
cases of th government against S. A. D.
Puter and Guy Huff, and of th govern
ment agalnat Horace O. McKlnley alone.
Huff and Puter are accused of having
forged th nam of Jamea A. Robinson to
a homestead proof. McKlnley Is charged
with havlag forged th name of George E.
Taylor to nonmlneral affidavit. The
land affected In both these caaea also lie a
few lull easterly from Cottage Grove,
WILLIAM H. THOMPSON ILL
Trsasarer of Louisiana Purchase Ex.
position Company Is Confined
to His Home.
ST. LOCH, Dec. . William H. Thomp
son, treasurer of th Louisiana Purchase
Bapesltlon company, and president of the
National Batik of Commerce, who has been
toflaed to his home for a week by illness.
It In a serious condition and at one time,
ctatlng a collapse, his life was despaired
of. His condition la still critical and the
results of another collapse are feared by
his physicians
Friends bellere that Lis Illness is the r
sult of bis efforts In behalf of the World s
fair. H carried almost th entire re.'
MonslblUty of the financing of the great
enterprise. Mr. Thompson 1 probably on.
of th best known bankers In the west.
Frstnels to Tour the Worl '.
ST. LOCI 8. Dec. e It I, annul need that
Davil U. Ft uicu, president of the exposi
tion, Is to make a tour tne word tu re
pay th vilt of foreign d gnltuil-s snd to
txprees the grititude o 8 . LouU end thi
national goneriim t lor the l.Lerul ,y of
foreign n'Mlona snd Mbit rs. Plans for
tie t .ur have not t n mad , but It wnl
b-gln in th rprlig. a soon aa ihs ffj s
of the exposition company will permit.
isr Death at Alanine.
WINNIPEG. Man.. Dec. Nine de.ths
were reported Sunday and thirteen today
from what Is aliefod to be typhoid lever,
but Is genermllv believed to be a revival of
the iil.lt-mlo frequsntly fatal In the surly
days of the country and familiarly known
a Red river fever. This disease, while
not churartrrlsed by high temperature, la
fa.UA in uumeiou caaea, nverlUis.
oal Field Without Rrsalts
t Hendayo.
HENDATE. France, Dec. . M. Derou
lede and M. Juares. the socialist leader In
the French Chamber of Deputies, fought a
duel with pistol here today. The ex
change1 of shots had no result.
Deputy Juares telegraphed a challenge to
Paul Deroulede, a former deputy . and
founder of the league of Patriots, who
has been In political exile In Spain sine
his participation In the plot to overthrow
the French government. The challenge
grew out of the agitation of the students
of Paris, resulting from the alleged In
sulting remarks about Joan of Arc, made
by a professor of Ufitory at the Lycee Con
rtorcet. M. Deroulede telegraphed from
Spain declaring that the socialist were
responsible for the attacks on Joan of
Arc and adding that she was the most sub
lime figure In history, whereas M. Juares
was the most contemptible , of her detrac
tors. Two shots were exchanged at twenty-five
paces.
The political prominence of the partici
pants In the meeting attracted great Inter
est. The Spanish government warned the
parties not to fight in Spain, so the French
government allowed M. Deroulede twenty
four hours' leave to enter France and
Meet M. Jaures. The seconds of both par
ties were prominent members of the Cham
ber of Deputies.
SIMMONS
FOR
BIRKE
ROCHE
Man Who Delivered Boat to Rnsslana
Mast Answer la British Court.
LONDON, Dec. 6. Summonses have been
issued at Bow street police court against
Burke Roche and Mr. Slnnet in connection
with the delivery of the turbine yacht
Caroline to the Russians at Llbau early In
October last.
The action was taken at the Instance of
the public prosecutor. The summonses
will not be heard before December 12 at
the earliest.
The statement that a summons has been
Issued against Mr. Yarrow, the builder of
the Caroline, Is denied. It Is understood
that the summonses Issued at Bow street
charge Messrs. Roche and Slnnet with un
lawfully causing the Caroline to bo dis
patched from the port of London Intended
for the use of the naval service of a for
eign state (Russia., then at war with an
other foreign state.
Charles Russell will defend Messrs. Roche
and Slnnett.
ASK
FOR
DUTY
ON
LIMBER
Canadians Woald Place Obstruction In
Way of Trade with Inltcd States.
VANCOUVER, B. C, Dec. 6.-Senator
Templeman and thirty-seven 1 berai mem
bers of Parliament from. British Columbia
had a Joint meeting wit i t he Lumbermen's
association today, at which the q.jetlon
of th federal government placl. g a duty
on rough American lumber c mlng Into
Manitoba and In the northwest was dis
cussed. Senator Templeman favors a duty
on American lumber and all the members
promised to do their utmost to indue the
federal government to stop free lumber
coming into the Canadian market from
Puget sound points.
Rleelot Garibaldi Dylag.
ROME. Dec. 1 General Rlcclotl Gari
baldi, th last surviving son of the Italian
hero and his first wife, Anita, Is dying from
nephritis. Riociottl Garibaldi has been
identified with several heroic exploits, In
cluding assisting the Greeks against the
Turkish during the war of 1897, plans to
free Cuba, to establish Italian colonies In
Argentina, to head the Albanian insurgents
and to head the Macedonian revolutionists.
French Bark Is Lost.
CALAIS, France, Dec, 8. The French
bark Madelalne, from Iqulque, Chile, Sep
tember 17, for DunklrJ, has been lost In the
channel. Its crew of fifteen men took to
the boats, from which they were rescued by
a steamer and landed at Granule, Depart-
SIX MORE MEN ARE SENT UP
More Month In Prison and Heavy
Flno Assessed Against Den
ver Politicians.
DENVER, Dec. 6. Six more election offi
cials were sentenced to Jail today by the
supreme court for disregarding Its Injunc
tive order at the late" election. They were:
j William Reld, 8. & Barker, John E. Dixon
I and John Bulllvan. nine months' Imprison.
ment and 1000 fine and oosts each; Willis
E Spencer, four months' imprisonment;
Charles W. Bunch, three month' Imprison
ment. Sullivan waa th democratic com
mitteeman; Reld, Barker and Spencer,
judges, and Dixon -and Bunch clerks in
Ninth precinct of the Fifth ward in this
city, the ballot box of which wus opened
in court last Friday, disclosing many fraud
ulent ballots.
Dlstiiot Judge John I. Mulllns today de
livered hi Instructions to the grand Jury
summoned by him in the criminal court. Ha
charged it to "Make a thorough investi
gation as to all violations of the law grow
ing out of the recent general election." He
said:
l in my opinion tne tavisn expenditure or
money as naa Deen wunesuea in tnis coun
ty and state 1 criminal. I believe it to
be at the very root of all the crime and
violation of the election Jaws which have
accompanied our recent elections.
It ought to be made a criminal offense for
any corporation to contribute to any po
litical party.
It Is common talk on the streets and
currently circulated in the newapapera that
a conspiracy mints to deprive of the gov
ftrnorHhln of thitt Mint ftna nf nur rlrlmn.
j whom all good clllsens, Irrespective of
rarty, believe to have been honestly elected,
t la further openly charged to carry out
this conspiracy It will Involve the unseat
ing unjustly and Illegally of certain mem
bers of the coming legislature. It Is also
charged that Immense suma of money have
been collected from the various corpora
tions of this city and state In aid In IMa
work. It is charged that even after the
omciui oiuni wa i-"uiitieo: in many coun
ties of the state and certified to the proper
officials, agents were sent out for the pur
pose of procuring some one memtr of
these local canvassing boards to bring In
alleged minority reports, with the hope that
the state canvassing board could be In
duced to violate thojaw and disregard Its
uiih nf ottice. Tilts is a mattur tlmt m
I tv vnnr itutlence and abliiiv. hut i .... .
neatly urge it uoon you lor your most care- '
ful consideration.
WARNER FOR THE SENATE
Kaaaaa City Man Is a Caadldat for
th Seat Now Oseuplet'by
Senator C'ockrell.
KANSA8 CITT. Dec. 1-MaJor William
Warner of this city and United States dis
trict attorney for western Ml:s url, in a
dispatch from Washlnglon today announced
his candidacy for th) office of Cnltad
States senator, to succeed Senator Fra-ic's
M. Cockrell. Major Warnei'g .rlends h-r
will tegln sctlv work st once to a ivartte
his candidacy. A publl '. meeting will ba
held after Major Warner's return from
Washington, thlva will open Lis
CHANGES IN THE TREASURY
Psrgiitmit Rumor that Shaw ia t Batira at
Early Data.
CHARLES G. DAWES MAY BE OFFERED PLACE
Nebraska Delegation Fuahlngr Judge
Lee Kstelle for Commissioner
of Pensions More Timber
Settlers.
(From a Staff Correspondent.)
WASHINGTON, Dec. 6. -(Special Tele
gram.) Changes are looked upon as Im
minent In the Treasury department. Ther
are persistent rumors that Secretary 6haw
will not remain in the cabinet after March
4, and that already Mrs. Shaw has gone
to Iowa to arrange for the home coming
of the family. One name Is heard In con
nection with the treasury portfolio that
will be Interesting to a large number of
Nebraskans, ihat of Charles C. Dawes,
former comptroller of the currency. Mr.
Dawes Is now the successful president of a
big trust company, but it is said here that
if Mr. Dawes could be Induced to take the
secretaryship of the treasury he could not
be Improved on. Mr. DaWes lived in Lin
coln a number of years, but now resides In
Illinois.
But a change in secretary of the treasury
Is not trie only one that Is brewed about.
First Assistant Secretary H. A. Taylor of
Wisconsin has made up his mind to quit
shortly after March 4, and possibly sooner,
and there are persistent rumors that Robert
B. Armstrong, accredited to Illinois, but a
long time resident of Iowa, will also leave
the treasury before January 1. It Is said
Armstrong's resignation In itlready In the
hands cf the president, but this cannot be
confirmed. Certain It Is, however, that the
Treasury department Is marked for many
changes, including several of the auditors
for the various departments.
Blair Woman Want Damages.
Mrs. Margaret Wilbur, a widow 86 years
old, residing at Blair, Neb., is seeking re
lief for personal injuries which are alleged
to have been Inflicted while entering the
postornce at Blair, and has forwarded her
affidavit to Senator Millard to interest him
self In 'her behalf. From the affidavit, it
appears that while she was about to enter
the postofflce door a couple of boys threw
the door back, and It closing suddenly, hit
Mrs. Wilbur, knocking her down, from
which Injuries of a permanent character re
sulted. Senator Millard, who has never
had Just such a case before, will nsk the
committee on claims of the senate whether
a special bill for the relief of Mrs. Wilbur
would be favorably received.
Sorrls Wants a Transfer.
Judge W. F. Norrls of Wayne, Neb.,
Judge of the court of flrt Instance In the
Philippines, is In Wash ngton eurne ,ly pre
paring his application to be t ansferred to
the. supreme court of the Pul.lpp nei. II
has on file In the insular bureau com
mendatory letters from all members of
the Nebraska delegation In congress, with
the exception of Senator Ml la d, who has
offered Judge Dickinson of Omaha for the
same place. Esnator Millard Biatai in Mi
letter -to Judge Norrls that he did :o
know that Judge Norrls was a candidatn
for th supreme court when he endorsed that he waa directed by the president to
the candidacy of Judgj . Dlck.nson. Ju lg j ' submit to the house a message in writing.
Norrls Is greatly infatu(ted with the Phil- j The clerk at once began reading the presl
ippines and will sail on Dtcember 81. wW dent's annual message to congreus.
hi wife and daughter, from San Francisco.'
His headquarters ara at Caplz, fn th
Island of Panay.
Congressman Burkett was notified today
of the establishment of a rural mall routs
from Tecumseh on January 2. Mr. Hurk t
has been Mgnally successful In g Inj
rural routes established in his d-strl.t.
There are three complete county pyattms !
In operation now La icaster, Pawi ea and ,
Cass, while Richardson is practically com
pleied.
Pushing Eatelle for Place.
Senator Millard and Nebraska people are
making an effort to secure the pension
. . ., . , . , t- i, .
commlssionershlp for Judge Lee Lstelle of
. . , .. , . t ,,. . .,
the Nebiaska district court, to succeed Mr.
I
.f' ,.r it .... . , .
Major William Warner, United State ac-
torney for the western dlst.lct of MU-
souri, is strongly tipped ft for the pa ,lon
commlssionershlp. Ma.or Warner, how
ever, has declined the position. SenatOi
Millard, who was at thWhlt. House this
morning ana had a talk w.tn th presl-
dent about. th app .Intment, strongly urged .
Estate's candidacy.
More Time for Settlers.
Senator Gamble of South Dakota and
Allison of Iowa were among those who
called on the president today. Speaking
of ' his call upon the president Senator
Gamble stated that it waa upon general
lines. Speaking of legislation for South
Dakota, the senior senator rrom mat state i more than lr tne CHse put me same stlviim
said that tomorrow he would Introduce a uP"n a &oor wretch who never held office
bUl extending the time In which settler, ! a"d CW iver P to.
on the Rosebud reservation may take up j Acting Secretary Oliver of the War de
on mo partment has sent to the speaker of the
their residence until May 1. As the law i: . . .. . ..
ineir "- J house of representatives a letter earnestly
now stands settlers are compelled to take , , ' . , ., .
now .!..' . w : requesting favorable action by congress on
ud their residence by February 8, which i . .... . . , , "
up mo" ' legislation proposed by Lieutenant General
Senator Gamble contends would work un- , , , '' , ' .
f. L;.,.. l. i t th- in-r v.iv. , Chaffee, chief of staff, to encourage rifle
IU1U nuiuc'f ... ,
Is now on In South Dakota,
The senator will also introduce
bill
extending time In which to commence the P"' month extra The proposed leglsla
bridge across the Missouri river at Tank- ! t'on t0 "pert r",emn ptr month'
ton for the Yankton. Norfolk & Southern ! harp.hooter. $2 per month and marksmen
. Jl per month extra. It Is said the change
"shaking of river and harbor ,gla will Involve no Increase In the annual ap
tlorT Mr. Gamble said that In event of a I Pprlation for expert riflemen,
bill being Introduced looking to the 'm- I MERIT OXLY TO COVKT 1 MAVY
provement of rivers and harbors that a '
reasonable appropriation would be made secretary Morton Warns Importuuing
for the upper Missouri river for a con- j Frlen'.Ia of Midshipmen,
tlnuatlon of the present scheme of holding , WASHINGTON, Dec. 6.-Merlt, and not
the river within Its banks. He also re- political Influence or official prestige should
marked that bills for public buildings at aone determine asalgnments to duty in
Huron. Mitchell and Watertown. Introduced ; the Bavyi , the opnt,m of Secretary Mor
al the last session, would be zealously j ton ttnd tne Becretary today addressed a
pressed. j letter to Superintendent Brownson of the
..Pe"a"! MV!l!"'n, i naval academy expressing his emphatic dls
CaptalnH. C. Session, of th, , Sioux Fal . va, of the effopU to ,nfluenco
(S. D.) Forum is In Washing on with his deuartment , the a8B,gnment of midship-
wife, a former Washington rl. me from the class soon to be graduated
Edward P. Ingham of Muscatine. Ia., to cerlai .h,,,,. The letter reads:
I. In Washington on busies before the j The department ha. De,n approache, ,
supreme court. He was, on motion of various ways, directly and Indirectly by
Solicitor General Hoyt, admitted to prac- Influences seeking to cntrol the assign
tic before that tribunal today. -nient of midshipmen, singly nr In groups,
wi . from the class about to be graduated froni
Postal Matters. ' the naval academy to certain ships which
Postmasters appointed : Nebraska, Bay- ! th'", J?. b"n P'i
ard. Cheyenne eounty, Miss Frances Wis-
ner, vice Miss Otta Wlsner, removed. South
Dakota. Zelgler. Hyde county John Vot-
dra, vie Philip Zelgler. resigned. i
Rural fre delivery rout No. I has been )
ordered established January 16 at Republic
City, Harlan county. Nebraska, serving 4W
people and ninety houses.
The application of A. Upton. E. E. Good-.
rich. L. G. Pritchett. L. A. Coat. De-
lillah Coat and F. C. Upton to organize I
.. . ,
the Tobias National bank of Tobias. Neb.,
with IIS, 000 capital has been approved by
th comptroller of the currency.
Bias la Ohio.
CINCINNATI. Dee. .-A dispatch from
Toledo. O.. says Perrysberg. O.. is threat,
ened with duatructlun by fir. An appeal
for help has been sent to Toledo. Telegrupb
oommunlcuiion, ba beu brukta '
NEBRASKA WEATHER FORECAST
Fair Wednesday and Thursday.
Temperature at Omaha Yesterday!
Hour. Dear. Hour. Dev.
K a. m its 1 p. m. 411
a. m S4 B to 46
T a. m Jtlt .1 p. m 4H
Ha. m ..... . ltd 4 p. m 4t
a. tn 2H ft p. m 4T
10 a. m XI p. m 43
11 a. m ail T p. na 42
ia m... 40 M p. m 42
9 p. m 41
CONGRESS HEARS MESSAGE
Little Business Traasacted While
Waiting for Letter from
t hief Executive.
WASHINGTON. Dec. The senate was
In session for more than two hours today
and In addition to listening to the reading
of the president's message, received a pre
liminary report from th merchant marine
commission, witnessed the induction pf
Senators Knox and Crane into office and
In executive session referred the presi
dential nominations to proper committees.
The session was characterised by an ex
tension of yesterday's greetings among
senators. J
Th reading of th rommlKslon of the
two new senators received more attention
than usual on account jof their prominence
and senators generally, did not fall to note
the peculiar wording of Governor Penny
packer'B communication, wherein he con
ferred the office of Senator Quay upon Mr.
Knox, empowering him to hold It with all
Its emoluments and privileges until the
next meeting of the legislature of the
state, "if he shall so long behave him
self well."
Immediately after the convening of the
senate today Senators Allison and Cock
rell, constituting the committee to wait
on th president, reported that the presi
dent had expressed bis Intention to im
mediately communicate with the senate by
a message In writing.
Before the message arrived Mr. Penrose
and Mr. Lodge presented the credentials
of Messrs. Knox and Crane, the newly
appointed senators from t'cnnsylvanla and
Massachusetts, respectively, and the oath
of office was administered to them.
The message was delivered to the senate
by Mr. Barnes, assistant secretary to the
president, and its reading immediately
begun.
At J:07 the reading of the president's mes
sage was concluded and the senate went
into executive session.
Alter listening to the reading of tne
president's annual message to congress,
the house adjourned until tomorrow. Dur
ing the first ten minutes of the session
two minor routine matters were dis
posed of, but no other business was trans
acted. Soon after the house met today Mr.
Burton, chairman of the committee to no
tify the president that the house wus In
session and ready for business, reported
that the president had informed them he
would today submit a message In writing.
Just before Speaker Cannon rapped the
house to order an elderly man occupying
a from seat In the- public gallery utt red
a series of long-drawn-out whoops. Con
siderable commotion- was caused before he
was ejected.. .- H
At If :30 Mr. Barjlti,." assistant secretary
to the president, ' appeared and announce J
L pon tne conclusion Ul inc icruiiir ji
the nirisage life re was loud applause from
the republican Hide.
The message, on motion of Mr. Payne,
was referred to the committee pf the whole
house on the state of the union and or
dered to be printed, after which the house
adjourned.
The supplemental brief of the government
in the case of Senator Burton of Kansas
as filed in the supreme court of th United
States. It speaks for the guilt of the de
fendant, although it is admitted that the
senator's course In support of the interests
I 9 hi. nll.nt tya Rlaltn frnrani warn nnf
, , , , , . .
always clear. Speaking of the use of
, ' ... ' . " . ' ,,
political influence in the departments, the
J; . . .. .
brief says that it is effective, and adds:
Mr. Burton's traces were well covered.
Hi. a8aer,i0n on behalf of himself and his
client make a fair outside, but he held up
the Investigation because he was senator
und not merely because he was general
counsel of the Riulto company, and the
portions of the Judge's charge animad
-rtedon nt ""S
ln thls entire situation, viz.. the Intangible,
subtle and Insidious thing, "influence, can
never be reached, even where the receipt
of compensation is plainly shown."
On the point of punishment, it is re
marked: Because a man occupies a high position
and the sting of the Infamy may therefore
he more bitter to him is no reason
for saying that thnt pan of ino punishment
should Increase the grade of the offense
Bnd enlarge his protection and rights, any
.h. , Tr,ar I
I expert riflemen in the army are allowed
tats to express its disapproval of the spirit
tl,u" evidenced even before the beginning
scureyU
Individual preferences rather than the eood
of ln? service as Interpreted by the depart-
mint's order.
The department Is of the opinion that the
young gentlt-men referred to are not fully
aware of the gravity of the attack made
Yt' "."iT", Z 1 L"?.P.r'? 'Involved-
the ervl. n..t the rvlc tXl .i"?!l..or
. . . . iiiui-
vldual and they should lie warned that
the department will regard with disfavor
the bringing of anv Influence, official polit
ical or social, sei klng ta control or divert
in their behalf Its order to duty.
The secretary has repeatedly refused to
Intervene In the regular assignment of
officers prepared by Rear Admiral onverse,
chief of the bureau of navigation, and this,
lie declares, will continue to be his pol
icy. The department has the full support
of th president In It position.
JAPANESE CRUISER SINKS
Repvrt that tha Adsuma Strikes Mint and
Ooaa to tha Bottom.
RUSSIANS REPULSED AT PORT ARTHUR
Many Futile Attempts Made to Re
take 203 Metre Hill More Rumors
of Muscovite Victory la
Manchuria.
MOSCOW. Dec. 1 A special dispatch
from Vladivostok says that a steamer
which has Just arrived there f r m Shanghai
repo.-ts that the Japanese a mored ciuljer
Ad uma has been blown up ai d sunk by a
mlne. The Adsuma, also referred to as the Ai
uma and Adzjma. was built at St. Nmalre,
France, and was launched in 1S01. It car
ried four e ght-lnch guns, iw.lve slx-l ich
guns and twenty-four smaller rapld-fi e
guns, had five Urpedo tubes and a comple
ment of 482 men.
Rasslans Repulsed nt Port Arthur.
TOKIO, Dec. 6.-(Noon) The Russians
are nightly attacking 203-Meter hill ln a
determined endeavor to retake the summit
of the ground in contention.
The Japanese are increasing their de
fenses on the position and have succeeded
so far In repelling all the assaults. The
Russians have suffered the heaviest losses
and It Is estimated that they have sacrificed
3,000 men in an effort to recapture the
ground, which the Japanese are confident
of their ability to hold.
Observations indicate that the garrison Is
feeling the shortage of men.
The works against Bungshu mountain and
the forts to the eastward are progressing
speedily and all Indications point to nn
early general assault, although the date
when It will begin Is kept secret.
It Is expected that the next general as
sault will prove successful.
The effective bombardment of the Rus
sian battleships In Port Ahthur. which
began on Saturday last, was one of the
results of the capture of 203 Meter hill.
Up to that time the warships had been
able to seek shelter from the Japanese
Are under Pelyu mountain, but the capture
of 203 Meter hill November 29-30 enabled
the Japanese to train their guns on the
Russian vessels, with the result that a
number of them have been set on fire and
the others must either put to sea or suffer
Irreparable damaged
Discount Japanese Reports.
ST. PETERSBURG. Dec. 7.-2:35 a. m.
Although the War efflce and the admiralty
ar fctl.l witi.out dl.e.-t i.ews f om Port
Arthur, confidence ln the abill y of the
fortress to hold out continue io be ex
presced. The reports from Toklo of ihe
shelling of the battlt ships and of heavy
lotses by the Russians In an ineffe.tlve at
tempt to recapture Two Hundred and
Three-Meter hill are considered misleading.
According to a high officer of the g. ner.il
staff, the warjhlps would be able to seek
shelter from the fire from Two Hunderd
and . Three-Meter hill by anchoring L-eht id
Tiger's Tail peninsula, R ports that he
Russians are clearing the mine fie da out
fid, the harbor are r.garoed aa the best
Indication that ' the squadron, la pr paring
to move out to this anchorage, where It
will be secure under the protection of the
Fh re batte i s.
The Toklo estimate that th Russians lost
3,000 men In the attempt to ricap ui Two
Hundred and Tnrte-Meter hill Is declared
to be absurd and it ia poiiaed ot ltwt
such a loss would imply the virtual c ip
pllng of the resistance, yet the leporti
fiom Toklo admit that General Stoessel
contlme, to rrake counter attacks.
More Rumors of Russian Victory.
MUKDEN, Dec. 6. Tho teport ihat Gen
eral Renne. kumpft has adm nlstered a
heavy deaefat to the Japanese continues
to circulate among the Ruii-ia.i tio ps, but
has not yet been officially confirmed. To
the earlier rumor mentioned above there
Is added the report that the Russians have
succeed. d in carrying off twen.y-.uur guns
which they captured in the route of the
Japanese, but were at first urn ble to re
move owing to a cro3s-flre from the Jap
anese forces.
. Everything now indicates that tha pros,
peels of an immediate encounter on a large
scalt ha passed. During ti e fighting be
low Tslnkhetchjn the Russian loss n
twenty-five men kllltdTand 123 wounded, ln
eluding two officers, fceventeen J p nes.
prisoners were taken, one of whom torn
mUted sulcld.
Movement of Russian Vessels.
TANGIER, Morocco, Dec. 6. The Russian
cruisers Oleg and Isumrud sailed today,
going eaatward.
. ALGIERS, Dec. 6. The Russian cruiser
Rion (formerly the Smolensk) and two tor
pedo boats arrived here today.
Preparing for Wlater.
GENERAL OKU'S HEADQUARTERS,
Via FusTan, Monday, Dee. 5. (Delayed In
Transmission.) In the villages near the ac
tual Japanese line houses are being repaired
and built, scores of wells are being dug,
vl)lages are being denuded . of trees and
quantities of fuel are being prepared. Every
Indication points to the Intention to remain
on the present line during the winter. The
cold weather is not affecting the Japanese,
although the temperature has already fallen
to a few degrees above sero. There are
few sick man.
PRIZE SCHEMEUNDER FIRE
Postal Inspector Invest la-atlng the
Business Methods of th Chicago
Silver Company.
CHICAGO, Dec. 6. Tho postal authorities
began an Investigation today of the meth
ods employed by th Chicago Silver com
pany. The company, It Is said, offered various
"prizes" to persons who paid what was
culled a "merely nominal" sum of money
for packing and shipping of said prizes.
W. D. Watson, who is believed to have
been the owner of the business. Is said to
have received thousands of letters each
day from all parts of the country, all of
the letter containing money. Watson I
said to have left Chicago.
AFTER HARVESTER COMBINE
Attorney General of Moataaa Secure
a Temporary Injunction- Against
International Company.
HELENA, Mont.. Dec. & Attorney Gen
eral Donovan today began proceedings In
th supreme court against the International
Harvester company for alleged violation
of the state anti-trust law. The court was
asked to Issue an Injunction to prevent
this company from operating In the state.
A temporary restraining order was Issued,
returnable next Monday morning. Th com
plaint allege that the company la dulng
business in every county of the state aiuJ
coiniMil dealers to purchase from it at
prices tlxed in Chicago nd that th dealers
cannot tlx retail price.
1
GIST OF THE MESSAGE.
What the President Rerommeadsi
Organisation nf trader -nlgns.
Stringent employer' liability law.
Medals of honor for heroes In land
service.
Government investigation of railway
accidents.
Uniform legislation on zubject of
child labor.
Better control and regulation of
giant corporations.
Control of Insurance companle by
bureau of corporation.
Abolition of railroad rebates.
Supervision of railways engaged In
Intersfate commerce.
That steamship companies engaged
In Interstate commerce be com
pelled to observe Interstate com
merce law. ,
Severe child labor and factory In
spection laws for th District of
Columbia.
Compulsory education law for Dis
trict of Columbia.
Encouragement of experimental work
of Department of Agriculture.
Better control of forest reserves and
concentration of work under De
partment of Agriculture.
Establishment of additional national
game preserves.
Better salaries and closer super
vision of Indian agents.
Corporal punishment for wife beat
ers. Improvement In consular service.
National art gallery. t
Betterment of currency system.
Enlargement of trado with Asia.
Revision of naturalization laws.
Protection of elections.
, Advantages for Alaska.
Arbitration treaties.
Maintenance of army and navy.
Our position In the Philippines.
What the President Opposes!
Violence by union men during
strikes.
Government employes organizing to
Intimidate congress.
Discrimination between union and
nonunion men ln government em
ploy. Intemperate attacks on great cor
porations. Giving Interstate Commerce commis
sion general authority to fix rates.
Married women working In factories.
Unsanitary tenements In Washing
ton. Forest reservation without examina
tion. Extravagance In printing.
Indiscriminate Immigration and
naturalization.
Bribery and corruption In elections.
Delays In criminal prosecutions.
Slothful peace.
Agitation In the Philippines.
CARTER REPLIES TO FRANCIS
Further Explanation Regarding
Method of Awarding Medal
and Prises at St. Louis.
HELENA, Mont., Dec. S. Former Senator
Thomas H. Carter, president of the na
tional committee of the Louisiana Purchase
exposition, made a brief reply toduy to the
Interview . with President Francis of the
exposition company relative to charges of
corruption made In regard to about thirty
five out of 3B.000 awards. He says he does
not recall when any request was made to
the commission to appear before the com
mittee of five, as stated by President
Francis, and asserts that If such were the
case the committee of Ave would assume
tho character of prosecutor, when Its func
tions were quasi Judicial. Referring to the
law in regard to inuking awards President
Carter says:
The rules governing the awarding of pre
miums provide, first, for group Juries; sec
ond, department Juries, and third, a su
perior Jury. The law provides that the
awards shall be made by the exposition
ccmpanv and approved by the national
commission. The charges on file do not
apply to the superior Jury, but to the ac
tion of prruons connected with group Juries
end persons attempting to deul with them.
When the company shall have made the
awards and pasxed them to the national
committee for Its approval, then and only
then, can the commission properly and le
gally be accused. I do not recall any re
quest to the commission to appear before
a committee of five to present charges, as
stated by Mr. Francis, but If such has been
made, the committee could not assume the
character of a prosecutor, when the law
plainly imposed quasi Judicial function un
it in the matter ot approving or disapprov
ing awards made by tho company.
ST. LOUIS, Dec. . In reply to the let-
ter of Thomas H. Ca.te., p.esldent of the !
1. . ... . .7 . .i .1
National World's Fair comml .1 n. mailed
tonight. Major J. G. Pangborn, presid n.
of the United Exhibitors' as-ocl Hon, e- i
clares that no in.lmat on cf dl aatl.4tac.lo i I
with the findings of the Juries en awards
had come to his notice. The l.t tr, in pa it,
follows:
As the preuldent of the United Exhibitors'
association, I would regret any delay In
ih. nl.h:l.Rtrm of awards, as tl at would
nrove an ln1ust.ee to the exi lb tors. wh .
having performed their part ful hfully and
wll, aie eiuttiea 10 proper ana prompt
recognition.
You reier ln vur letter to complaints
lodged with your eommlsi-ion by exhibitors.
A president o' the I'nited Ex! lb tors' as
sociation I feel hound to ndvl e you tl at
up to t Is m ment ihn chant beet n
Intlmailin to .he us:oct tlo.i, or to myself,
on the pari of a single exhibitor o. any
di'satlsfaction In connection wh Ih
awards or the treatment accorded exh blt
or by the Juries or any o e onnecied
with the administration of affairs.
ARREST ALLEGED OMAHA MAN
Albert S. Allan Chnrged with Taking
Money from Annie H.
Hnsklns of Omaha.
DETROIT, Dec. 6. Albert S. Allan of
Omaha, Neb., was arrested yesterday at
Belle River, Ont., a small village about
twenty-flve miles from this city, by a
Chicago detective on the charge of the
larceny of t-'.OOO In cash and deeds, bonds
and other securities valued at $30,000, from
Mrs. Annie H. Hasklns of Omaha. Allan
waived extradition and was taken to
Chicago.
It is alleged that Allan, private secretary
of Mrs. Hasklns, accompanied her to Chi
cttgo on a business trip, where he lost ,
some of her money. Tnen, it la alleged,
ha tried to cover up the shortage by a
manipulation of her funds, and Anally tell
ing her that he must return to Omaha.
t, . h I , """"I"' I
Detective Harrlgan, who :
left for Canada.
uibub i nin fliin maue
a conieasinn to nun,
for hi downfall.
ind blamed women
Ther are no such names as above In
th Omaha directory. The Omaha police
know nothing about th case, and. inves
tigation has brought to light no facts re
garding persons and Incidents dlHcusaid
s bove.
Ur. Spinney Injured.
Dr. B. C. spinney, president of the Bank
era' Union of tit World, waa seriously in
lured in a runaway accident near Chicago
imcFiiiwr a. ai present lie Is lying In
lvlnir in a t
M' llnl in lien jMoinea
the otcuiroiiie 1 tia.
Omaha.
No liurticu in is or
l - iv., jn J
MESSAGE OF
PRESIDENT
CongTtss Listeoi to Oomnmnloatiaii from
the Nation's Executive.
PROSPEROUS CONDITION OF OUR COUNTRY
General Commercial and Industrial Aotiy
itj ii Subject far Congratulation.
LABOR AND CAPITAL AND THEIR RIGHTS
Equal Before the Law and Equally Amen
able to It Operation.
INTERNAL AFFAIRS OF THE UNITED STATES
Work ef the Department! of Qefernment
Tersely Reviewed.
EXTERNAL RELATIONS ARE SATISFACTORY
Peace at Home ami Abroad the Result
of the Policy Adopted by the
Leaders of the Great He.
publican Party.
WASHINGTON, Dee. . The annual me,
sage of the president was read In both
houses of the congress today, it Is as fol
lows: To the Senate and House of Repre
sentatlves: Tho nation continues to en
Joy noteworthy prosperity. Such' pros
perity Is, of course, primarily due to th
high individual average of our citizen
ship, taken together with our great
natural resources; but an Important
factor therein is the working of our lor.g-contlnue-d
governmental policies. The peo
ple have emphatically expressed their ap
proval of the principles underlying these
policies, and their desire that these prin
ciples be kept substantially unchanged,
although of course applied ln a progres
sive spirit to meet changing conditions.
The enlargement of scope of t:i funo
tlons of tho national government re
quired by our development as a nation
Involves, of course, Increase of expens.
and the period of prosperity - through
which the country is passing Justifies ex
penditures for permanent improvements
far greuter than would be wise In hard
times. Battleships and forts, public build
ings and improved waterways are invest
ments which should be made when w
have the money; but abundant revenue
and a large surplus always Invite ex
travngunce, and constunt care should b
taken to iruard Rgalnst unnecessary In
crease of the ordinary expenses of gov
ernment. The cost of doing government
business should b regulated with th
sume rigid scrutiny as the cost of doing
a private business.
. Capital and Labor.
In the vast and complicated mechanism
of our mooirn civilized life tbe dominant
not Is ths note of Industrialism; and tha
relations of caoltal and-, labor, -and esi
cially of organized capital and. organised
labor, to each other and to ihe publlo
at large come second In importance only
to the Intimate questions of family life.
Our peculiar form of government, with
It sharp division ot authority between
the nation and the several states, ha
been on th whole far more advuntageoua
to our development than a mora strongly
centralized government. But It la un
doubtedly responsible for much of t.i
difficulty of meeting with adequate legis
lation the new problems presented by th
total change In industrial conditions of
this continent during the lust half cen
tury, ln actual practice It has proved
exceedingly difficult, and In many cases
Impossible, to get unanimity of wis
action among the various states on these
subjects. From the very nature of th
case this Is especially tru of the law
affecting the employment of capital ln
huge masses.
With regard to labor the problem 1 no
less Important, but it is simpler. As long
as the states retain the primary control
of the police power the circumstances must
be altogether extreme which require inter
ference by the federal authorities, whethi r
in the way of safeguarding the rights of
labor or in the way of seeing that wrong
Is not done by unruly persons who shield
themselves behind the name of labor. If
there Is res. stance to the federal courts.
Interference with the malls or lntersiat
commerce, or molestation of federal prop;
erty, or If the state authorities In some
crisis which they are unable to face call
for help, then the federal government mny
Interfere; that though such interference
may be causea oy a conuu.on u. iiiinss
arising out of troub a connected with soma
ue("n of laDori tn8 mter.ferenc luaif
glmply tukeg the form of restoring order
without regurd to th questions which hav
caused the breach of order for to keep
order is a prlmury duty and In a time of
disorder and violence 11 other questions
sink into abeyance until order has been
restored. In the District of Columbia and
ln the territories the federal law coveis
I the entire nem oi government; ou, tn
I labor question is only acute ln porftiloua
i centers of commerce, manufactures or "111111-
ing. Nevertheless, both in tho enactment
and In the enforcement of law the federal
government within its restricted sphero
should set an example to the state govern
ments, especially in a matter so vital a
this affecting labor.
Organised Lnbor Wis and Necessary
I believe that under modern Industrial
conditions It Is often necessary, and fa
wher not necessary It Is yet often arts,
that there should be organization of labor
ln order better to secure the rights of Hi
individual wuge-worker. t All encouragement
should be given to any such organization,
so long as it is conducted with a dus and
decent regard for th rights of othsr.
'1 lure are in this country some lubnr unions
which huvo habiluully, and other labor
unions which have often, been among til
most effective Hgenta In wot king for good
citizenship und for uplifting the condition
of those whose welfare should be clostat
to our hearts. But when any labor unloit
weeks Improper ends, or seeks to achieve
proper ends by improper means, all good
citizens and more especiully ull honorable
public servants must oppose the wrong
doing as resolutely us they would oppose
tf.u wrongdoing of uuy great corporation.
Of course any violence, brutality or corrup
tion should not fpr one moment be toler
ated. YVage-woikt-rs have un entire right
to organize anu oy an peaceful and honor-
ublu means to endeavor to persuade their
isuows io joiu wnn umiii in organizations,
They have a legal rlgnt, which, according
to circumstances, may or may not bs a '
moral right, to refuse to work In company
with men who decline to Join their organf.
.tioi.s. They have under no drc.
ths right to commit violence upon tliosa
whether capitalists or wage-workers, whu
re-fuse to support their organizations, or
who side with those with whom they aia
at odds; for mob rule Is Intolerable In any
form.
Kruployrr's Liability Law.
The wage-workers are peculiarly en
titled to the prutec'.lnn und the encourage
ment of the law. From tho very nature of
their oce uiaitlon rullroud men, for instance,
are liable to 1m maimed in doing the legu
tlmate work of their profession, unless th
rullroud companies uie required by law to
nuke uinple provision for their safety. The
uuiiimiih " ,1 ' . .ramui 111 emorc
ling the) existing luwfcfor tills purpose. ThuX
, Continued uu 1'ugo i'yui
4