t
The Omaha Daily Bee.
THE BEE IS THE PREFERRED ADVER.
TISING MEDIUM IS ITS TERRITORY
FOR A CHARACTERISTICALLY WEST
ERN NEWSPAPER READ THE BEE
SINGLE COPY THREE CENTS.
DMAIIA, TUESDAY MORNING, JANUARY 10, 190.TEN PAGES.
ESTAHLIHIIEI) JUNE 19, 1871.
BEEF TRUST CASE
Chug of Conspiracy Againrt Packari Up
Befare Federal Saareme Caurt.
ARGUMENT OF ATTORNEY GENERAL MOODY
Outliaea Methods Ha Eayi Ara TJm ta
Manipulate Pncea.
VALUE OF LIVE STOCK IS IEFRESSED
layer Ajrae to Kefrain from Bidding
Agaiist Each Other.
Its
1..
FIX 'UNIFORM PRICES F0R FRESH
Colliiatoa In Curtailing- Shlpi
That Tend to Maintain an K
Urainil-Olhrr Device for
Cartelling; Competition. ,
9
WASHINGTON, Jan. 9. Attorney -n-eral
Moody resumed hta srgument Je
half of the government before the nutmii
court of the United States In the case
of Swift and Company ugalnst the Vn'te1
States, commonly known as the Beef trust
case, begun Inst Friday.
Moody aald none of the agreements or
act complained of related to manufacture
or production, but to commerce commerce
as distinguished from manufacture or
production. They do not accomplish fusion
of property Interests, he said, but are, on
the contrary, simply agreements between
strangers to each other's business affect
ing: their freedom of action In certain re
spects, and by that consideration the case
at bar Is shown to be devoid of those
features from which differences of opinion
arose in the Northern Securities case. He
alao pointed out differences between this
and the Knight and Hopkins esses. Thus,
ha said, the Inquiry Is narrowed down to
only two questions for the determination
of the court.
Whether the com mere In the case was
commerce among the states, and If ao
whether the agreements constitute a mo
nopoly or any part of It.
Subjects of Agreement.
Mr. Moody said it appears clearly In
the petition that there were three main
subjects upon which the defendants en
tered Into agreement.
Taking up the agreement alleged In par
agraph six of the petition, Mr. Moody said
that eliminating all the statements by
which the pleader characterised the pur
pose and effect of the agreement the fol
lowing state of facts Is clearly shown:
Persons owning live stock and living In
other states and territories than those
where the stock yards are situated were
accustomed to send Such stock to the va
rious stock yards named for the purpose
of xale there. The defendants, who were
severally engaged In the business of buy
ing such live stock, for the purpose of
slaughtering and converting It Into fresh
meat, entered into an agreement with each
other to refrain from bidding ugalnst each
other, except probably, in the pursuance
of sue I' live stock, with the purpose and
result. Mt- suppressing all competition Id
such aurchusea. '
Aa to Place of Dealing.
An agreement having been thus clearly
alleged he said the question arose aa to
whether the agreement relates to interstate
commerce and proceeded to argue that
proposition, saying that the same sort of
bargain Is made for cattle produced and
owned within the state of sale as for cattle
produced and owned m another state and
sent to the "locus" of the transaction for
the purpose of sale there. The Interstate
character of the transaction, he said, where
an owner of a commodity living In one
state whips It to another, continues from
the beginning of the shipment to and in
cluding the sale of the commodity. If It
has not lost Its identity by the breaking
of the original package in which it had
been Imported.
What is Interstate Commerce f
Mr. Moody cited numerous decisions as to
what constituted an Interstate commerce
and on original package, quoting from one
opinion of the court, and said It was clearly
eatabllshed by the case in point that the
aiile by the owner or hla agent of com-
modifies Imported or to be Imported from
another state to the place of sale In the
original package is an act of Interstate
commeroe and the owner, or his agent, tak
ing part aa vendor, la engaged in transact
tn7 Interstate commerce. He thought it In
evitably followed that those who take part
in the act as vendors also are engaged In
Interstate commerce. Continuing, he said:
It Is considered that the unloading of the
cattle from the cars in which they ara
transported and their disposition in the va
rious pens In the stock yards constitute a
breaking of the. original package and a
commingling of the property with the do
mestla property of the state, to such an
extent tliul the purchase and sale of them
are domestic commerce. It Is difficult to
treat this situation properly. Tf the origi
nal package conception has any relevancy
to this discussion, surely It must be that
the packages which nature Itself has made
are the original packages.
The two parties to the transaction, the
buver and the seller, when they agree upon
the contract of sale, are effecting an inter
state transaction.
When all. or substantially all. of the
buyers In this interstate market enter into
an agreement with respect to their conduct
In making purchases, the agreement thus
enteved Into relates to interstate commerce,
Effect of Cong-resslonul Inaction.
The further question arises, said Mr.
Moody, whether such an agreement aff.cls
Interstate commerce either by way of direct
restraint upon it or by Its tendency to
monopolize It.
Arguing on this question, Mr. Moody said
It Would be a useless parade of learning to
offer to the attention of the court the long
im- ei decisions, declaring- that the silence
of congress upon the subject of Interstate
commeroe la In effect a dcalaratlon that It
shall be free and untrainmeled, and re
ferring to tho act of lfc'JO rn,-ulatlng inter
state commerce, says he knows of no other
act which restrains the freedom of the in
dividual to conduct interstate commerce ac
cording to his own discretion and choice.
It follows, he aald, that the conduct of the
defendanta set forth In paragraph la en
tirely within their rights, unless it consti
tutes a contract, combination or conspiracy
lu restraint of trade or a monopolization
or attempt to monopolize any part of such
oororuerce. He then proceeded to the con
sideration of the meaning of the prohibition
of the statutes and what is restraint of
trade.
Having cited certain species of contract
which he did not believe should be held to
be within tho prohibition of the Interstate
commerce act, Mr. Moody says:
liul each age has its own evils, and there
has come into view in mure modern times
another kind of contract whkh, unfurl u
rately, 1 venture to say, has been also
called a contract In restraint of trade. Al
though there are some reNemblancea be
twen Hut kind uf contrail and the one
which I havu Just described, nevertheless
there Is au esoentlai distinction between
ibm. This kind of contract Is not mails as
ancillary on collateral to any other con
' tract between the parlies, but, on the cthor
ail d. IS the main subject uf agreement be-
(CouUnuad on Third Page.)
NORTH SEA JOAfiu MEETING
Admiral Fournler Chosen President
of Body Investigate Dos;,
ger Bank Affair.
PARIS. Jan. . The International com
mission apnplnted to inquire Into the North
sea Incident resumed Its sessions nt the
Foreign office today. Admirals von Spaun
(Austria) and Baubassoff (Russia! were
prfstnt. The lattet's appointment was offi
cially announced, thus making permanent
Admiral Kaznakoff's retirement on account
of Illness. Admiral Fournler (France) was
unanimously chosen permanent president.
In the course of his speeoh of acceptance
Admiral Fournler said he hoped the com
mission would be Inspired with the same
moderation and wisdom which Induced Em
peror Nicholas and King Edward 10 refer
the question to arbitration.
M.
W1TTK AS
It K ACTIOS All Y
Former Minister ald to Oppose Plan
of ftvlatlopolk-Mlrsky.
BT. PETERHHIKO, Jan. 5.-M. Wltte as
interior minister, Svlntopolk-Mirsky's suc
cessor, and holding a position In the coun
cils of Emperor Nicholas approaching
General Ixirls Mellkoff s during the try
ing nihilistic days of Alexander II.,
may be one of the ntartUtis; results of the
contest waging over the question over In
terior reforms. The popular Idea has been
that Prince Svlatopolk-Mlrsky and M.
Wltte were acting In hurmony in this
matter, but the Associated Press learns
from the highest source that exactly the
opposite Is the fart. They can more
properly be describee? as rivals and oppo
nents than as friends. ' Despite the diffi
culty of Minister Svlatopolk-Mlrsky's role
since he nsaumed office, owing to the
powerful Influences nrrnyed against him,
he has been able to hold his own with
continued marks of the emperor's confi
dence and approval. With M. Wltte's ad
vent upon the scene, however,, the situa
tion changed. Prince Svlatopolk-Mlrsky
stuck manfully by his guns defending the
policy on which he accepted office, but
he found M. Wltte antagonizing the very
principles which he considered vital, thus
rallying his opponent cn his side and the
prince found the ground slipping from un
der him.
M. Wltte prevailed In the matter of the
Imperial manifesto, the hazy terms of
which did not meet with Prince Svlatopolk-Mlrsky's
views. According to the
latter's friends the contest was resumed
Immediately upon tho convening of the
committee of ministers, the prince find
ing M. Wltte opposed to the proposition
to Invite, In a consultative capacity, the
various classes Interested In the reforms.
The prince's friends believe M. Wltte at
heart would go further than the former,
but that It suits his present purpose to
adopt a more conservative attitude until
all the reins of power are firmly in his
own hands. I'nder the circumstances the
prince, whose health Is really greatly im
paired and who Is a plain spoken man,
unschooled In the art of Intrigue, feels
himself unequal to the tank of continuing
the contest and has confided to his friends
within twenty-four hours that he prefers
to retire. Whether he has actually ten
dered hla resignation the Associated Press
Is not In a position to say. but that it may
come any minute is certain.
LOUSE MICHEL DIF.S IN FRANCE
Revolutionary Agitator Snccnmbs to
Attack of Double Pneumonia.
PARIS, Jan. 8 Louise Michel, prominent
as a communist and revolutionary agitator
for the last thirty-five years, died today In
Marseilles, aged 76 years.
Death fu'lowed an attack of double pneu
monia, contracted while Mile. Michel wason
a returning tour of the southern provinces
of France.
Louise Michel drat came Into prominence
during the Franco-Prussian war when she I
Joined an ambuiunce corps and took part through letter from Mel Uhl of the News,
in the defense of Paris, later siding with who requested the department to let the
the commune and voting the burning of I Des Moines News weigh matter in the same
Paris to prevent the entry of the Ver- I manner as In Omaha. It was the first time
sullies troops. Bhe was arrested and tried j tho department had any knowledge seem
for treason and sentenced to transporta- ' Ingly that the Omaha newspapers were
tlon to New Caledonia, where she remained
until 1880, when she was allowed to re
turn to Paris under an amnesty act. .
Three years later she was again lm-
i prisoned for three years for her activity in
communlat movements. She then removed
to England, where she continued her advo-
cacy of communistic and anarchistic doo-
trlnes.
NO HOPE FOR FILIPINO SHIP
Crevr and Passengers of Schooner
Lea-asp! Believed to Be Lost.
MANILA, Jan. 9. The owners of the Iron
screw, three-masted schooner Legazpl have
glven up all hope of the vessel, which
probably foundered in the China sea. The
Legazpl carried seven passengers and had
a crew of sixty Filipinos. Its captain was
a Spaniard and Its first officer an American.
The British steamer Nunshan has re
turned here after an unsuccessful search
for the Legazpl, A British gunboat from
Hong Knuig is still searching for it. The
legazpl was owned by In bad at Co. of Ma
nila. It was of 810 tons.
CHRISTIANS FIGHT AT BETHLEHEM
Latin Monks Interfere with Greeks
aad Moslem Ruler Quells Blot.
JERUSALEM, Jan. 0. The Greek Christ
mas observances In the Grotto of the Na
tivity at Bethlehem were marked by a sharp
tight between, Greek and I-itln clergy, aris
ing from the old-time Jealousy regarding
protection of the Grotto.
The Greek patriarch was celebrating mid
night mass, when Franciscan monks created
a disturbance. A collltlon
ensued, result-
Ing In some bloodshed. The governor had
to be summoned to quell the rioting
American Is Honored.
PARIS, Jan. 9. -The Foreign office an
nounces the appointments to the Legion of
Honor of Maurice de Kominskl, agent of
the French Transatlantic Steamship com
pany at Chicago, Mr. Pintard, president of
the French Benevolent society of Philadel
phia, and Charles H. Stelnway, senior mem
ber of the New York Arm of Sleinway 6
Sons.
Damaged Steamer Reports.
LONDON. Jan. 9. The Sunderland
steamer Dlnnington, which collided off
Ramsgats yesterday with the Belfast
schooner Dispatch and which was believed
to have sunk with its crew of ten men, ar
rived safely In the Thames today. The
Dispatch was towed into Ramsgaie.
Killed by Faille Timber.
ROUBA1X. B. D., Jan. .-(Spclal Tele- j
gram.) jsear r miners, section loremnn
on the Galena division of the Bitrtlntrvou
ft Missouri, was Instantly killed this after
noon at Ruubalx. He tu usilMing In
unUVLdiag a car of mine timber for Hit
Clover Leaf company, when u heavy tim
ber without warnisig slid off tin- car. f:i'!
Ing upon him and crushing his .i
He was a married man and leaves a larji
family living at Piedmont, B. D.
OMAHA KEEPS INDIAN DEPIT
Frieeds of Omaha and St. Louis Coahiaa
ta Keep Both in the BilL
AGENTS AT SOUTH iMntfTA RESERVATIONS
Work Is to He lommenced on the
Belle Fonrrhe Irrlaatlon Project
Not Later Than the First
of May.
(From a Staff Correspondent.)
WASHINGTON. Jan. 9-t8peclal Tele
gram.) Representative Hlnshaw, after a
strenuous fight, has been able to hold the
Indian supply depot at Omaha in the In
dian appropriation bill, which the Indian
committee completed this evening. The ap
propriation for the depot, however. Is cut
to I7.0U0, which about covers the expenses
of the office as shown In past years. The
sub-committee having the Indian bill In
charge knocked out the Indian depots at
Omaha and St. Louis, but through com
bination with southern representatives,
Congressman Hlnshaw succeeded In holding
the Omaha and St. Louis depots In the bill,
although the depots were antagonized by
Chairman Sherman and Representative
Curtis of Kansas. Marshall of North Da
kota and Lacey of Iowa. Former Commis
sioner of Indian Affairs Jones recommended
the discontinuance of the Omaha depot, but
Hlnshaw held the item at the reduced ap
propriation. Indian Agents May.
Congressman Burke, by the hardest kind
of fighting, Induced the Indian committee
of the house this afternoon to retain the
Indian agents at the Crow Creek, Lower
Brule, Slsseton and Yankton agencies.
Commissioner Jones recommended In a long
letter to the Indian committee that the
agents at these reservations be dropped and
bonded school superintendents be substi
tuted. The sub-committee having the In
dian appropriation bill In charge not only
cut out theso four agencies, but also
knocked out an appropriation of $10,000 for
the Indian Insane asylum at Canton. Repre
sentative Hurke and the South Dakota dele
gation, realizing that It would take the
most earnest efforts, put back these Items
In the bill and went to work. Strings were
pulled and possibly some log-rolling was
done, but after Mr. Burke's presentation of
the reasons why agents should be continued
at the above places, the full committee re
stored them to the bill. In addition to these
several Items Mr. Burke was successful in
securing an appropriation of $26,000 for the
new Indian school at Pierre, $3,600 to equip
the laundry already constructed and $5,000
for a brick barn at Rapid City.
Irrigation works a Go.
The South Dakota delegation, with every
member present! had a conference today
with F. H. Newell, chief of the reclamation
service, and Mr. Walter, who Is In charge
of the irrigation work In South Dakota,
regarding the Belle Fourche project. It
was stated at this conference by the en
gineers in charge that the Belle Fourche
enterprise was good and that advertisements
unking for bids would be published not
later than February 1, work to comraenco
April 1. This project la to cost $2.COU.000.
New Postal Order.
The Postoffice Department has Instructed
the postmaster at Omaha to discontinue
the practice of .permitting publishers to
weigh newspapers at publication office In
order to gain time so as to make afternoon
trains and that instead the old way which
has been in existence for fifteen years be
substituted. Captain Palmer is ordered to
send employes of the postofflce to the
publication office of the three newspapeis
affected and have them do the weighing.
It is understood that this order affects ail
dally newspapers of Omaha alike.
The matter came to the department
weighing mull In their offices without the
presence of postal employes and con
sequently they Issued an order of discon
tinuance. Senator Millard, having his attention call'
ad to the new orders, is making every effort
j to have the old order restored aa there Is
no allegation whatsoever that the weighing
has been anything else but eminently fair.
Rural free delivery carriers appointed:
Nebraska Fontanelle, regular, Simon A.
Grose; substitute, Ollnda Gross.
Postmasters appointed: Ntbroska Mul
len, Hooker county, John Kudrna, vice H.
J. Lowe, resigned. Iowa Libertyville, Jef-
i ferson county, Daniel W. Garber, vice Mrs.
) Clara Trout, resigned.
Wants More Money for York.
Representative Hlnshaw lias been labor
ing with the public buildings and grounds
committee to secure a larger appropriation
for the public building at York. The sub
committee having Nebraska in charge has
given York $76,000 and Grand Island $126,
0U0 on the theory that Grand Island Is
twice as large as York. Tills Mr. Hlnshaw
is combatting and hopes to secure a larger
appropriation for York when the bill
reaches the house.
House Against Rosebud Bill.
Senator Gamble, In writing friends about
the time In which settlement must be made
upon the Rosebud reservation, states that
while he has every reason to believe the
bill will pass the senate, coupled as it la
with like conditions for Devil's Lake, in
North Dukota, says frankly that he does
! not "ea ay cIear t0 IU PaMSae ln tn
House because or me oppusiuuu ui me
Interior department as' well us many mem
bers of the public lands committee.
Chance for Alaska Bill.
Senator Dietrich, In speaking of the bill
which he Introduced today providing for a
government board for Alasku to be con
stituted of seven persons, three to be ap
pointed by the president and three by elec
tion by the people, together with the gov-
ernor of Alaska, who shall be ex-offlclo
presldent of the board, said that ha ex -
(Continued on Second Page.)
Real estate men as a rule "have to be shown."
The Bee carries over 50 more real estate adver-,
tismg than any other Omaha paper.
I wonder why?
CAPTAIN TELLS OF CEREMONY
D. B. Mllllkrn In Dot bt aa to Whether
He is Mar 'led or
Slag e.
CHICAGO. Jan. a.-cJptaln David U. Mil
likn took the stand In fils own defense at
the court-martial at Hurt Sheridan today
and detailed how he and a Filipino girl
after eight months of wooing In the town
of Escalatite, Negros Island, P. I., were
"illegally" married and how after a period
of uncertainty whether he was married or
not he participated In an Illegal" mar
riage, only to find, according to his story,
that his wife had been previously married
to a native Filipino.
This) complication of marital doubt In
duced him, he says, on one occasion to re
port f the War department he was unmar
ried ar.d on another occasion to put an In
terrogation point after the printed form
"married or single."
Despite doubt Mllliken asserted he made
no attempt to conceal from the natives that
he had "gone through a sort of ceremony
and that he considered himself married."
"Why did you not bring your family with
you when you returned to the United
States?" aked Lieutenant J. M. Kim
brough; Judge advocate and prosecuting
official.
"Did not your wife and boy want to
come?"
"Every effort to induce them to come
with me failed," he replied.
"They didn't want to go so far away
from home; her mother was so old and so
feeble she needed her attention, so I left
them there."
The captain said he m
t Reglna Batlsmo,
his arrival in tho
his interest in her
ir regularly?" was
20 years old, soon after!
islands In 1899 and that
began at once.
"Did you go to see h
asked.
"Yes, I went to see her frequently
parents were aware of my attention,
Her
was
his reply.
"Did you Intend to marry her?"
"Yos, I did. I made no secret of that. I
.tried to get the consent of her parents, but
could not because I was not of the same re
ligious faith they were."
NAN PATTERSON SERIOUSLY ILL
Actress Accused of Murder of Caesar
Young; Suffering; with Severe
Case of Tonsllltls. -
NEW YORK, Jan. 9.-Nan Patterson,
who is awaiting a second trial on a charge
of killing Caesar Y'oung, a wealtthV book
maker and turfman, is 111 with tonsllltls
In the Tombs prison. Her condition la
regarded as serious.
Since the last Jury ln her triul reported
a disagreement more than two weeks ago.
Miss Patterson has been In receipt of a
large number of letters every day. In
her mall today there waa a registered let
ter from a man in Portland, Ore., enclos
ing $25 with the request that she use tla
money to purchase for herself a New Year
token. The letter said Miss Patterson has
many sympathizers in the west who be
lieve her Innocent, and concluded, "If you
need any more money, send the word."
Miss Patterson gave the money to her
father, saying: 'Take this and buy, mamma
a present and teli hers! cjt tony I am not
home with her."
REJECT OVERTURE FOR UNION
New York Presbytery Votes Against
Merp;er,wlth Cumberland Pres.
bytcrlan Church.
NEW YORK. Jan. 9 The proposition to
,,nit the General Presbyterian church
and the Cumberland church was discussed
at length by the New York presbytery at
the regular monthlyi meeting today. The
overture of union which had come from
the general assembly of the church had
been referred to a committee of nine,
which today reported adversely on the
proposition by a vote of 8 to 1. The pres
bytery had voted at a previous meeting
against separate presbyteries for the col
ored branch of the church which are main
tained generally In tho district. Including
the Cumberland church.
The Rev. John B. Bevlns, for the commit
tee to which the question of union had
been referred, reported that inasmuch as
union v ould make separate presbyteries
necessaary, and as they had already voted
against the latter, the overture of union
should be rejected.
BISHOP SPALDING IMPROVES
Catholic Prelate Is Now Slowly Re
gaining the i se of Ills
Left Arm.
PEORIA, 111., Jan. 9. The condition of
Bishop John L. Spalding continues to im
prove, though slowly. He passed a quiet
night and when he awoke this morning
said that he felt better than at nny time
since the stroke of paralysis which at
tacked him last Friday afternoon. Tonight
his physicians, Drs. Spalding and Slevln,
gave out the Information that the bishop
had Improved steadily for the past
twenty-four hours and thut they
were hopeful for the best. His
sleep has been natural and not induced
by opiates. He Is slowly recovering the use
of his left arm, but his lower limb Is en
tirely useless. The doctors say the bishop
Is not likely to recover the use of this
limb.
JUDGMENT AGAINST HARGIS
Widow of James B. Marrum Awarded
fM,4MH Damages for Assassins.
tlon of Her llasband.
LOUISVILLE. Ky.. Jan. 9 A special
from Winchester. Ky.. says that the Jury
ln the case of Abrella Marcum, who sued
Judge James Hargls, former State Senator
Alex Hargls. Sheriff Ed Callahan of
Breathitt county, and Attorney Fulton
French for alleged conspiracy with Curtis
Jett and Thomas White to slay her hus
band, James 1). Marcum, returned a ver-
! diet for $8,000 against James Hargls and
Sheriff Callahan and found for the defend-
ants in the case of French and Alex Hargis.
WORKBC ON COMMITTEES
Speakar Shuts Himsalf Up in Office and
Grinds Away at Eia Task.
NO ANNOUNCEMENTS UNTIL TONIGHT
Loberk Comes Donn to Sec About the
Rumor of a Cut In the Salary
of the Omaha City
Comptroller.
(From a Staff Correspondent.)
LINCOLN. Jan. 9 -(Special Trlegram
Speaker Rouse announced positively to
night that he would not have his com
mittee appointments completed and ready
for publication before tomorrow night. He
has put in the entire day at this work and
at a late hour tonight Is at his private
office In the capltol building, working on
his long list. The speaker has shut him
self off from willing advisers, who would
only too gladly assist him In performing
this arduous task, but he prefers to do
tho work Ujmself and thus fulfill the
pledge he nfade to the house nt the out
set that In the naming of his committees,
ns In every other function of the office,
he would in deed and in name be speaker.
In the mind of the memhers the con
test over chairman of the committee on
cities and towns In the hous; certainly
will go to Mike Lee of Omaha. This con
clusion Is reached on the basis of Rouse's
statement to the Douglas county members
that when they got together on this mat
lor ho r,nl,l be mldcd bv the will of the
majority. The will of the majority is tr.ai
the place be given to Mike I.ee. Muxcn
was the other candidate. Mr. Rouse, how
ever, will not consent to announce finally
even this appointment or any other. In
fact, until all arc ready for publication.
Lobeek's Little Junket.
City Comptroller Lobcck of Omaha paid
a viBit to the capltol today and was
mingling among the legislators in the hotel
lobbies tonight.
"I Just came down on a little private
matter," said Mr. Lobeck ln the Llndell
lobby. "It was Just tin years ago tonight,
In this very spot, that I quit smoking, and
I came here to celebrate that memorable
event," he added.
Naturally enough, all who know the bent
of Mr. Lobeek's nature immediately were
convinced that no other mission could have
attracted him here. Seriously, however,
he Insisted he had not come for the pro
motion of any special .legislation relating
to his office, though he admitted certain
powers would be exercised,' he understood,
to cut down the salary of the city comp
troller from $3,000 u year to some figure
not yet decided on.
"And, too," he said, "I guess there is
a little doubt but that the composition of
the Board of Public Works will be altered
by tills legislature, but I do not care so
long as they give the board sufficient
scope and latitude to accomplish what it
ought to do."
Many old legislators are in the city to
night. Loomls of Dodge, the minority
leader in the house two years ago, and
Senator Pemberton, both of whom were
active in framing the present revenue Ihw,
are among the uumber.
The legislature will reconvene at 2 p.
m. tomorrow, having adjourned last
Thursday afternoon Immediately after the
Inaugural ceremonies. Many bills are
ready for introdctlon, and It is under
stood the hoppers of both houses will not
be long ln filling up. The new measures
are slow in sturtlng this year. Two years
ago, on the second day, the senate intro
duced thirteen bills.
The majority of the members have re
turned to the city.
INDEPENDENTS ARE SURPRISED
Action of "Trust" Distillers in Re
ducing Basing Price Comes
Without Wnrnlng.
PEORIA, Jan. 9. Independent whisky
men were somewhat nonplussed by the ac
tion of the trust ln reducing the busing
price from $1.23 to $1.23. Representatives
of the three big independent houses in this
city said this morning that they had not
boon officially notified of the cut, but they
supposed they would meet It.
Colonel Kinslnger, manager of the trust
properties In this city, said:
"I don't see what else they can do except
to meet the price."
A conference of the independents will be
held, at which some measures will be de
vised to fight the trust.
The Independents, after a hurried consul
tation, decided to at once announce a re
duction of 1 cent ln their basing price,
which would make it $1.-3, instead of $1.24.
They refused to recognize the last cut
made by the trust from $1.24 to $1.23. but
followed the cut announced this morning.
The trust people declare that although
the Independent basing price is published as
1 cent higher than that of the trust, yet
their actual selling price Is the same.
The action of the trust came as a sur
prisi, as It was supposed that a sort of
temporary truce had been patched up be
tween the warring elements.
DISCUSS DUKE'S AFFAIRS
Son Would Have Marriage of Father
' Set Aside in New
York.
NEW YORK, Jan. . Lawyer John D.
Lindsay announced today that Laurence
Duke, run of brodlu I,. Duke, had Instructed
him to begin an action for the annulment
of Brodie L. Duke's marriage to tho former
Miss Webb. Ho said:
"I know of no criminal proceedings In the
matter. We have placed all the facts In
our possession In the hands of the dlxtrlct
attorney and It Is for him to say whether
r not any crlminul action will be taken."
' Mr. Lindsay said he knew nothing about
a statement attributed to Mrs. Duke that
an offer of $300,000 had been made to her
on condition that she consent to annulment
of her marriage. Bhe said she was confi
dent no offer had been made.
NEBRASKA WEATHER FORECAST
Kalr aad Colder Tneadayi Wednesday
Partly Clondy, now In Sooth Por
tion. Warmer In North and Kaat
Portions.
Temprrature at Omaha Yesterday!
Hour. Ilrt, Hour. Dec.
S a. m H 1 p. in 7
O a. m H 2 p. m "
7 a. m 4 8 p. nt 1
H a. m 2 4 i. n 1 1
An. m 2 B p. m 11
lO a. m 2 p. nt
It a. m 4 T p. m
12 m M p. m
9 p. m
ACCUSED OF TWO MURDERS
Man thnraed with Killing Ills Wife
May Have Killed Another
Woman.
TEORIA. 111., Jan. 9 "I killed Birdio
Hoffman, and If you ever tell I'll knock
your head off."
This Is the statement which John Hud
son, an employe of a livery stable, told
police officials this morning that Otis Rotts
made to him four years ago, directly after
the supposed suicide of the Hoffman girl,
and by means of It and other direct evi
dence the police department expect to con
vict Botts both on tho chatge of murder
ing his wife last Friday night and cf kill
ing Miss Hoffman. Botts denied the
charge, but the officials are confident that
they will convict him on both charges of
murder. The Hoffman murder occurred
four years ago and caused much excite
ment In this vicinity. Botts, who was
with the girl, was suspected, but he hid
evidences of the crime so thoroughly that
the coroner's Jury returnd a verdict of
sulci da.
The Jury In the Belts case has not re
turned a verdict.
BRICKLAYERS ARE MEETING
Convention of International Inlon
Holds Thlrty-Mnth Annus! Ses
sion at Snn Francisco.
SAN FRANCISCO, Jan. ..-About 2G5
delegates of the Bricklayers' end Masons'
International Union of America have ai
rlved here from the east' to attend the
thirty-ninth annual convention, which
opens today in this city, to remain In de
liberation for two weeks. It Is the first
International convention of the organiza
tion west of the Missouri river and a great
deal of Interest Is attached to Its success
by members of the craft throughout the
I'nltod States and Canada.
The organization has fully RO.OOO members,
of whom 66,000 are in good standing and
the remainder Is made up of a traveling
contingent, whose members are constantly
on the move. Among the delegates who
arrived were the following officers of the
international union: President W. J.
Bowen, First Vice President Thomas
Preece, Treasurer William Murray and
Secretary William Dobson.
BASE BALL PLAYER KILLED
Ralph C. Roberts of the Illinois I'nl
Terslty Team Meets Death
' ' ' In' Wreck.
I'RBANA, 111., Jan. !. Ralph C. Rob
erts of Keokuk, la., captain of the Uni
versity of Illinois Base Ball team, was
killed and several sludents, who were pas
sengers, were slightly Injured in a wreck
on the Cleveland, Columbus, Cincinnati &
Bt. Louis railroad at Rising, five miles
west of here, late this afternoon.
The wreck was caused by a dining car
of the train leaving the track. None of
the injured are seriously hurt Roberts
was standing on the steps preparing to
Jump and was thrown under the wheels. 4
He was mangled and lived but a few min
utes. His body was brought here and
his parents notified. He wns returning to
the university from his home at Keokuk.
He was an athlete, popular In the uni
versity and a member of the Kappa Sigma
fraternity.
BIG RUSH AT SAVINGS BANK
Klaht Policemen Called to Preserve
Order Anions; Waiting: Deposit,
ors at New York Institution.
NEW YORK, Jan. 9. New Year resolu
tions and an advance from C4s to 4 per cent
In the Interest rate have resulted in nn un
precedented rush to deposit money ln some
of the larger savings banks ln this city.
The rush reached its height today when It
became necessary to call eight policemen
to preserve order among the gi ?at crowd
waiting ut one or tne big banks to deposit
their savings. The number of persons who
called at the receiving teller's window In
this bank today was considerably more
than 4,000. Some stood In line all day, from
the time the bank opened at 10 o'clock this
morning until It closed at 3 o'clock thjs
afternoon. Tomorrow, January 10, Is the
last day upon which deposits may be made
to draw Interest during the first quarter of
the year.
0LATHE, KANIS BURNING
Illase In the lluslness Section Beyond
ControlAid Sent from Km.
as City.
KANSAS CITY. Mo., Jan. lO.-The busi
ness section of Olatha, Kansas, twenty
miles south of Kansas City Is burning, a
special train Is about to start from this
i city with firemen and engines, In response
to an appeul for help. Telephone ana
telegraph communication wus cut off after
the breaking out of the fire.
Olathe Is a thriving city with 10,000 In
habitants and substantial store building.
The loss, as the fire seems to be beyonn
control of the local officials, may be several
hundred thousand dollars.
genator Clarke Henomluated.
CHEYENNE, Wyo., Jan. . At a Joint
caucus of the republican members of the
house and senate, Clarence D. Clarke was
unanimously chosen to receive the republi
can nomination for the United States sen
ate, to succeed himself. The caucus nom
ination is equivalent to an election. -
Movements of Ocean Vessels Jan. II,
At Nw York Arrived: Zeeland, from
Antwerp; Republic, from Genoa.
At Plymouth Arrived: Kaiser Wllhelm
der Grosse, from New York.
At Bologne Balled: Ryndam, for New
York; Pennsylvania, for New York.
At Dover Arrived: Vaderland, from
Ne-v York.
At Singapore Arrived: Deucalion, from
Tacomu via Yokohama, for Liverpool.
At Colombo Arrived: Tydeus. from lon
dun At London Arrived: Minuetonka, from
New York.
At Movllle Arrived: Ionian, from St.
John. N. H.
At Cherbourg Arrived: Wllhelm der
Gross, from New Vork.
At Gibraltar Hailed: Kunig Alliert, for
New York.
NEWS FOR STOESSEL
Bauiaa ommnaer Sarpfiaed ta Learn of
Fight at tha Shakha Rirer.
THOUGHT K0UR0PATKIN WAS NEAR HIM
Cbinesa Told Him Russian Force Waa Olota
to Port Arthur.
N9W HAS NO USE FOR SECOND SQUADRON
Surrender of 8trongho)d Makes More (hipa
UDnecessar at Freaeat.
DEFEATED OFFICER TALKS OF JAPANESE
Speaks of Pleasure He Found with
Islanders on Esprdltlon to
Peking Darin a Boier
J.,
1 prising.
HEADQUARTERS JAPANESF1 THIRD
ARM V AT l OU C AKTHL It, Jan. 7. Via
Tien Tsin, Jan. 9. Captain Tsunoda. the
Japanese staff olllcel ho was sent to Port
Arthur to Inform General btoessel of tho
concerns ui ii.e message of the cmreror of
Julmn, sating that the garrison should be
titalcd with the greatest consideration,
suys:
' General Slocssrl's first inquiry was about
the whcieabould of General Kuuropatkiu.
1 suld 1 did not know exactly, J)Ul under
stood he was some where about Mukden.
"General Stuesscl remarked that he had
last heard from General Ivouropatkin Oc
tober 6, saying he would come to relieve
port Arthur soon. General Stoessel udded
thut he had sent out Chinese spies, who re
turned and reported that Goenral Kouro
patkln, with a relieving army, was at Kln
chou, twenty miles north of Port Arthur.
General Stoessel wus plainly incredulous ut
my statement, that General Kouropatkln
had been defeated and driven back towards
Mukden, so I produced maps, showed him
thu position of the two armies near the
Sliakhe river and gave Stoessel details ot
Kouropatkin's defeat with the loss of 60,
to U0.UU0 men, at which the Russian general
expressed amazement and quickly remark
that he hud been misled.
"General Stoessel then asked where the
Baltic fleet was and I told him that sonio
of the ships had not passed tha Cape ot
Good Hope.
No I se for Hojest vensky.
"With a hopeless expression General
Stoessel i.alil:
" 'Now that Port Arthur bus fallen there
Is no use for (he fleet coming uny further.'
"I then asked General Stoessel what had
caused the must damage to the garrison
during the siege and he replied:
" 'Your eleven-inch Howitzers. After they
arrived our defensive works became use
less.' "General Btoessel then pointed out that
he and Admiral Alexleff had been through
the Boxer troublo and had seen the Japa
nese army. General Stoesse: said he also
had been associated with the Japanese Gen
erals Yamaaifcrtl and Kukushlma at ' that
time and expressed the opinion that tha
Russlun-Japuneae forces had born the lion's
share of the work. Since then he had a
high idea of the organization and fighting
qualities of the Japanese army.
"The real cause of the war was. In Gen
eral Stoesscl's opinion, the Ignorance of tho
Russlun people of the fighting qualities
of the Japanese. The first attack on Port
Arthur ln February by the Japanese fleet
wns u tremendous surprise. Tho forts, he
explained, were only partly garrisoned by
2.000 troops.
"At this point General Stoessel said he
had always opposed the scheme of Gov
ernor Sakharoff of port Dalny In spending
money ln building up Tort Dnlny Instead of
finishing the defenses of Port Arthur. Sak
haroff. who was an engineer officer, died
of dysentery during the siege.
Praises Japan's Fighters.
"Continuing, General Stoessel praised tha
Ingenuity, pluck and patience of the Japa
nese Infantry, especially in making siege
parallels and trenches to the forts,
"Referring to the artillery, General
Stoessel said at first he did not think the
artillery practice good, but he wns soon
compelled to recognize how good It was.
General Kondestenk and a colonel of engi
neers (Irman), Oenerul Stoessel pointed out,
were killed In North Kcekwan fort by a
Japanese shell Just prior to the explosion
of December 18. Genernl Stoessel felt their
losses greatly ns Kondratenko was a clever
engineer.
"General Stoessel further snld he had
served his emperor ln three wars and hao
been thrice wounded, first ln the Russo
Turkish war, second In the Boxer trouble,
and third at Port Arthur. Now he felt that
he had earned the right to return to Rus
sia to live ln his old nge with his family.
The general added that he was taking
home with him five children of officer
who had been killed during the siege.
"After his conference with General Nogl,
General Btoessel expressed gratification at
meeting so pleasant a gentleman. He had
not expected the considerate treatment
accorded to him. General Nogl appeared
to General Stoessel us an old friend rather
than as the commander of an army which
had forced him to surrender."
KSTIMATE OP THE HI M AN LOSS
Japanese Place Casualties of Enemy
at Port Arthur nt iUMHH).
TOKIO, Jun. 9. In well Informed circles
it is estimate, that the original garrison of
Port Arthur numbered about SH.000 to 40,000
men, Including sailors. It is believed that
the Russian casualties at Port Arthur will
total about Zf,000.
Noon The Japanese, who express great
admiration for General Fock and other
officers for refusing parole and standing
by the men of their army, are busily pre.
paring to receive the Russian prisoners
from Port Arthur. The first batch of
10.000 is expected to arrive at Mojl and
Bhemonose shortly. After disinfection
they will be sent to Kure and probably to
Matsuyama, Nagoya, HlmeJI, Kioto, etc.
The generals will be treated In the best
possible manner. It is unlikely any of the
prisoners will be brought to Tokjo.
The Gazette announced today that tho
Russians have delivered five survivors of
the Third Japanese expedition to block tha
entrance to Port Arthur harbor.
Mine llsploslon at Port Arthur.
LONDON, Jan. 10. The Dully Tclegrnph'a
correspondent at Che Koo reports that the
Japanese consul there has received news vt
a disastrous mine explosion at Port Arthur.
The same correspondent uofcrts that a
iaigc portion of General Nogl's uriny has
already U-n hurried north to Lluo Yung.
Hounded Hussions n Naaasnkl,
NAGASAKI, Jan. t (Noi n I ne thou
sand wounded Russian prisoners of war
from Port Arthur have arrived at Dairei
bobplial.
J