f
The Omaha Daily
mwt a. cwtxxciassTiaLiymsT-
CEO SEWSFAEERtJDD 7I1 ffZ
WE BEE IS WE PREFERRED ADVER
TISING MEDIUM IN ITS TERRITORY
ESTABLISHED JUNE 19, 1871.
OMAHA, TUESDAY MOUSING, JANUARY 31, 1905 TEN FAGES.
SINGLE COPY THREE CENTS.
Bee.
AFFIRMS BEEF CASE
United Btates Supreme Conrt Holds Agsinst
Oombiie of Packer.
OPINION IEUVERED BY JUSTICE HOLMES
H Says That While Erideice la Fot Spe
oifio It la Sufficient.
INJUNCTION AGAINST THE CONSPIRACY
Coirt Finds That an Agreement Exists to
fix Prices.
NORTHERN SECURITIES CASE WILL GO UP
Several Important Causes, Includlna
Dfarrr Election Contest, Are De
fore Hlhl Tribunal of the
Federal Government.
WASHINGTON. Jan. 80-The supreme
court of the United States today decided
the cane of the United Stutes against Swift
and Company, known ss the Beef trust
caie, charging conspiracy, among the pack
era to fix prices on fresh tneata. etc. The
opinion wti handed down by Justice
Holmes and afflrmed the decision of the
court below, which was against the pack
ers. . In hla opinion Justice Holmes discussed
at length the various contentions of the
packers and disposed of them Individually.
He admitted that some of the charges were
less speclflo than desirable, but said this
was necessarily true on account of the
vast extent of the field covered. He added
that sufficient evidence had been shown to
prove continuance offenses and an offense
of auch a nature to Justify the proceeding.
The opinion continues the Injunction
granted against the packers under the
Sherman anti-trust law by the lower
courts. The opinion was concurred In by
all the members of the court.
Extract from Opinion.
Summarising the bills. Justice Holmes
said:
It charges a combination of a dominant
proportion of the dealers In Iresh meal
throughout the L'nuou States not to bid
against each other In the live slock mar
kets of the dlffeient states, to bid up prices
tor a few days In order to induce the cat
tlemen to send their stock to the Btock
yards; to fix prices at which they will se.l,
and to that end to restrict shipments ot
meat when necessary; to establisn a uni
form rule of credit to dealers and to keep
a blacklist; to make unltorm and Im
proper charges for cartage, and Anally to
get leas than lawful rales from the rail
roads, to the exclusion of competitors.
Referring to athe allegation of lack of
'continuity In the charges, be said:
Whatever may be thought concerning: the
proper construction of the statute, a bill
in equity la nut to be read and construed
aa an Indictment would have been read and
construed HW years ago, but It Is to be
taken to mean what it fairly conveys to a
dispassionate reader by a talrly exact use
of English speech. Thus read, this bill
seems to ui intended to allege- successive
elements of a single connected scheme.
-t Charge of Mnltllarloasneaa.
Jfi disposed ef the charge of "multifari
ousness" In the following language; .
- The scheme as a whole seems to us to be
within reach t( tne law. The constituent
elements, aa we have stated them, are
enough to give the scheme a body and for
all that we can say to accoirpllah It. More
over, whatever we may think oi them sep
arately when we take them up aa distinct
charge, they are allied aa elements of the
scheme. It Is suggested that the several
acts charged are lawful, and that Intent
can make no difference. But they are
bound together as the parts of a single
plan. Tho plan may make the parts unlaw
ful. Intent Is almost essential tn such a
convention and la essential to such an at
tempt. Where acts are not sufficient In
themselves to produce a result which the
law aeeks to prevent for instance, the
monopoly but require further acts In addi
tion to the mere forces of nature to bring
that result to pass, an intent to bring it to
pass Is necessary In order to produce a dan
gerous probability that It will happen.
He alao said:
The commission alleged embraces re
straint and monopoly of trade within a sin
gle state, although Its effect upon commerce
among the states Is not accident, secondary,
remote or merely probable.
As to Interstate Commerce.
With referenoe to the allegation that no
Interstate commerce la Involved In the sale
of meats by the packers the opinion says:
The allegations of the second section, even
If they Impart a technical passing of title
at the slaughtering places, also import that
the sales are to persons In other states, and
that the shipments to other states apart
from the transaction pursuant to such
sales and the third section import Is that
the same things which are sent to ugenls
are sold by them, and sutflclently indicates
that some, at least, of the sales are of the
original packages. Moreover, the sales are
by persons in one state to persons In an
other. But we do not mean to imply that
the rule which marks the point at which
station or regulation becomes permissible
necessarily Is beyond the scope of Interfer
ence by congress in cases where such inter
ference Is deemed necessary for the pro
tection of commerce amcng states. Nor do
we mean to Intimate that the statute under
consideration la limited to that point.
After referring in detnll to the objections
to the original bill of complaint and dis
posing of all of them, aa Insufficient, Justice
Holmes said:
' The defendants cannot be ordered to com
pete, but they properly can- be forbidden
to give directions or to make t
agreements
not to compete.
Would Modify Injunction.
Modifications of the Injunction were sug
gested aa follows:
The general words of the Injunction, or
by any other method or device ih mimnaa
and effect of which Is to rem ruin commerce
as aroresaia, nnouin do stricken out. The
defendants ought to be Informed as accu
rate as the case permits what they are
forbidden to do. Specific devices are men
tioned In the bill and they stand prohibited
The word quoted are a sweeping Injunc
tion to obey the law, and are open to the
objection which we stated at the beginning
that It is our duty to avoid. To th . n.Z
end of definition as far ar attainable the
worm as cnargeu in ine diii should he
Inserted between dealers In such meats and
the effect of which sales and two lines
lower aa to charges for cartage, the aame
word should be Inserted between dealers
and consumers and the effect of which.
Writ Is Granted Harrlmaa.
The aunrama rAiirt nf tha TTnftri a , .
today granted the petition for a writ of
nertiorart tn fha rt V. TY Uivrin...
and others against the Northern Securi
ties company, growing out of the former
decision of the court relative to the dis
tribution of the stork at tha aaiiirtH
- - MIW
pany.
The effect of granting the writ la to bring
the ease to the supreme court for review.
, The argument Is set for February SO,
after other cases on the calendar that day.
Foetal Conspirators Lose.
The suareme court of the United States
i today denied th application of Machen,
Lorens ahd Qroff for a writ nf earf I nr art
la . the caae against then charging con
spiracy to defraud the government In con
nection wltji the PoatoRlce department Ir
regularities. The effect Is to leavs standing
the decision of th Court of appeals of th
District of Columbia 'finding them guilty
aa charged. MachenJ Lorens and the
Oroffs were sentencri to two years' Im
prisonment and to iky a fine of 10.000
each.
Attorney for1 MaJhen and the Orcff
(Continued
Second fag-)
JUDGE KEILEY IS KILLED
Man Whose Appointment Canned
Friction with Anatrla la
Ron Over In Paris.
PARIS, Jan. 30. Consul General Oowdy
has been Informed by the authorities that
a stranger recently run over and killed on
the Place de la Concorde has been Identi
fied ss former Chief Justice Keiley of the
International court of appeals of Cairo,
Egypt, who recently had been residing In
London.
Anthony M. Keiley first came Into na
tional prominence through his nomination
by President Cleveland In as minister
to Italy. His appointment was cancelled
on account of the objections of the Italian
government. He was then accredited by
President Cleveland as minister to Vienna,
but the Austrian government also declared
Mr. Keiley to be persona non grata, the
first objection being that he held ultra
montane views that were offensive to a
friendly goverrment. This ground was not
satisfactory to an Influential circle in Aus
tria, and It was then alleged that his
Catholicism was lax, from which charge he
was warmly defended by the administration
at Washington. Secretary Bayard ad
dressed a note to the Austrian government
In which he commented on the unreason
ableness of race and retigtuu distinctions.
Tho seoretnry even went so far as to say
that tho appointment would be allowed to
stand, even though It resulted In a cessa
tion of diplomatic relations between the
United States and Austria. Te relieve the
administration of President Cleveland of
further embarrassment Mr. Keiley resigned
and later was appointed to the Interna
tional court at Cairo. He resigned In April,
19(r2, owing, It was understood, to the death
of his wife. His record In Cairo was dis
tinguished by ability.
Mr. Keiley founded and for a time ed
ited the Norfolk Virginian and the Index
and News of Petersburg. He was mayor of
Richmond for one term and was afterward
chosen district attorney of that city. Kor
twelve years Mr. Keiley was president of
the National Catholic Benevolent union.
His brother Is Bishop Benjamin Keiley of
the diocese of Savannah, On. Mr. Keiley
was about 70 years old.
DISCI SSKS EFFECT OF HAY'S NOTE
Newspaper flees Chance of Ucl lifer
ents Losing Fruit of Victory.
ST. PETERSBURG, Jan. DO The Novostl
says Secretary Hay's note on the subject
of China will be Interpreted In different
ways. "Wo cannot say," the paper adds,
"that It promises the belligerents agreeable
prospects. If other cabinets come to an
agreement with Washington It may happen
that neither Russia nor Japan will get the
slightest advantage from the war. Other
powers are preparing to set up claims In
case peace Is declared. These powers have
suddenly conceived a desire to preserve
China's Integrity and neutrality under any
circumstances. Their solicitude comes a
little late."
BERLIN, Jan. 80. The Russian govern
ment's reply to China's declarations that
It has not Infringed neutrality nor per
mitted Japan to do so Is a reaasertlon that
It has done so. The Russian note which
was communicated to the power Saturday
gives specifications of what Is affirmed to
be violations of neutrality, but the tone of
the reply Is such that It la Inferred that
Russia la not likely to carry the discussion
much further. It is learned here that Rus
sia found that all the powers, particularly
Germany, held views lndentlcal with those
of the United States on limiting the zone of
war and keeping China out of It
SWEDISH SAILORS ARB TO TESTIFY
British Agent Asserts He Has Foond
Cause of Firing In North Sea.
PARIS, Jan. SO. The International com
mission Inquiring into the North sea Inci
dent, at Its sesstlon today, heard two
8wedlah witnesses. Captain Johnson and
Mate Btromherg of the cargo boat Aide
baran. They both testified that a few
hours preceding the firing on the British
trawlers by the Russian aquadron their
boat was attacked In the North sea by a
strange warship, which fired many shots
at the Aldebaran, but did not do It serious
damage. The stranger then disappeared.
Counsel for Russia protested that this
teatlmony was not directly connected with,
the North sea Incident, but Admiral Four
nler, president, of the commission, ruled
that the testimony was admlssable. Hugh
O'Beorno, the British agent, said the
strange vjssel was the Russian transport
Kamtchatka, which mistook the Swedish
craft for a torpedo boat. Mr. O Beornv
further declared that the Kamtchatka
thereafter aent a wireless message to Vic
Admiral Rojeatvensky notifying him that
It had been attacked by a torpedo boat,
and Rojestvensky thereupon ordered his
squadron to be on the lookout for torpedo
boats, which, Mr. O'Beorne asserted, caused
the North sea Incident.
SUSPENDS HABEAS CORPl S HIT
Martial Law Is Practically Estab
lished In Two Provinces In I.uaoa.
MANILA, Jan. 80. Habeas corpus ha
been suspended In the provinces of Cavils
and Batanga.
Major General Corbln Is heartily co
operating with Governor Wright and la
giving him every possible aid In suppress
ing lawlessness
Federal troops, consisting of detachmenta
of picked sharpshooters, work In conjunc
tion with the native scouts and the con
stabulary. Federal troops garrison th
town and martial law has practically been
established.
The present situation In the two provinces
Is partially due to ladronlsm and to disaf
fection, fostered by the opponents of the
Internal revenue law.
The force of the bandit ladroneo Is esti
mated at 600. The bandits have intimidated
peaceably inclined natives, who have been
forced to aaslst them.
The ladrone who captured th wife and
two children of former Governor Trias Id
th attack on San Francisco d Malabon
on the night of January 24, now demand a
ransom of 20,000 pesos for their release.
Entertain German Admiral.
MANILA, Jan. SO. Rear Admiral von
Prlttwlta of the German squadron In Asia
tlo wster, who arrived here January 18 on
hi flagship, th Fuerst Bismarck, sailed
today. During th admiral's stay In Manila
he was entertained on an elaborate itcale
by the army, the navy and th civil govern
ment, Major General Corbln, Rear Admiral
Stirling and Oovernor Wright taking an ac
tive and prominent part in all th festivi
ties. Admiral von Prettwlti feelingly ex
pressed his apureclation of th courtesies
shown him and referred to th good will
existing between his country and that of
tho who entertained him.
China Ha New Province.
SHANGHAI, Jan. SO. A new province
called Kipghaual haa been formed from
part of the province of Klangsu. north of
the Yangtse river. This will divide China
proper Into nineteen provinces. Enshun has
been appointed governor of the new prov
ince tinder Chou Fu, the new viceroy at
Nankin.
REPORT RATE BILL TO HOUSE
Committee Agrees on Measure Extending
Powers of Commerce Commission.
CREATES COURT OF TRANSPORTATION
la Race of Discrimination Commis
sion Cnn Fix Rates and New
Tribunal Authorised to
Review Finding.
WASHINGTON, Jan. 80.-The house
committee on Interstate and foreign com
merce by a party vote today authorized
a favorable report to the house on a bill
extending authority1 to the Interstate Com
merce commission to fix rates. Increasing
the slxe of the commission from five to
seven members and creating a "court of
transportation." '
The bill Is a combination of the Esch
Townscnd measures, with amendments
taken from the Hepburn bill. The action
of the committee was reached after ses
sions lasting practically all day. At 10
I o ciuck me eleven republican members ot
tho committee met for the purpose of
agreeing on a bill. EiKht of them were
In favor of reporting the Hepburn bill,
lacking one vote of being a majority.
Messrs. Townsend, Esch and Lovering
were in favor of the Esch-Townsend propo
sition. Finally Chairman Hepburn moved
to report the Esch-Townscnd measure with
amendments.
Provision of the Bill.
The bill as reported contains twenty-two
sections. Sections 1 and 2 extend authority
to the Interstate Commerce commission
whenever, after full hearing, it has de
clared any existing rate for the transport
tatlon of persons or property, or any regu
lation or practice whatsoever affecting the
transportation of persons or property to
be unreasonable or unjustly discriminatory
to declare and order what shall be a Just
and reasonable rate, practice or regulation
to be charged. Imposed or followed In the
future in place of that found to be un
reasonable or unjustly discriminatory, and
the order of the commission shall of It
own force become operative thirty days
after notice ha been given to the person
or persons directly affected thereby; but
at the same time within sixty days from
date of such notice any person or persons
directly affected by the order of the com
mission and deeming It to be contrary to
law may Institute proceedings in the court
of transportation, sitting as a court of
equity, to have It reviewed and its lawful
ness, Justness or reasonableness deter
mined. Section 8 makea all proceedings before
the commission, including the record of
evidence, findings and records of the com
mission a part of the record In the case
to be sent to the court of transportation
within ten days after notice for review
has been given. AH proceedings before the
court aro to be conducted by the attorney
general. The commission, however, may
employ special counsel, with the approval
of the attorney general and moreover I
given full power, even during proceedings,
to modify, suspend or annul Its former
order, .ruling or requirement.
SacUon 4 imposes penalty of a fine of
SS.COO a day for each day . parties violate
the rulings of the -commission mad under
section 1 and 2 of the bill.
Section 6 defines the word person to In
clude corporations.
Section Increases the membership of
the commission to seven and make tho
salary of each $10,000 a year. Not more
than four commissioners shall be ap
pointed from the same political party.
Conrt of Transportation.
Section 7 eatabllshea the court of trans
portation to be composed of five circuit
Judges of the United States, no two of
whom shall be from the same judicial dis
trict They shall be designated by the
president for terms of one, two, three,
four and five years, respectively, from
April 1, 1906, and as their terms expire
the president shall from the circuit Judges
appoint their successors for terms of five
years each.
Section 8 provides that this court shall
hold four regular sessions annually In
Washington, beginning on the first Tuesday
; in Marcn, June, September and December.
I Section 9 authorise the president to ap-
point five additional circuit court Judges, of
' which no two of whom ahall be from the
: same Judicial circuit, to exercise the au
i thorlty and powera and perform the duties
! now required by law of a circuit Judge,
j Section 10 grant th court of transporta-
tlon exclusive original Jurisdiction In all
cases brought under the provisions of the
bill and alao the Interstate commerce act.
Section 11 extends to the court of trans
portation all the powers of a circuit court
of the United States so far as the same
may b applloabl.
The court of transportation Is given power
to summon before It all parties named as
defendants or respondent In proceedings
before It, and Its subpoenas for witnesses
may "run Into any judicial district or any
territory or possession of the United
States." "
Order of Proceedings.
Section II declares the court of transpor
tation always open for the filing of plead
ings, motions or orders.
Section 15 provides for appeal to the
United State supreme court from the court
of transportation, provided It I taken
within thirty days of th date of entry of
the order or decree of th court of trans
portation. The supreme court shall glv precedence
to the hearing and decision of such appeal
over all other cases except criminal cases.
Sections 16, 17, IS, 19, 20 and 21 provide for
th organisation of the court, appointment
of court officer and rule.s of practice.
The last section of ths bill provides "this
act shall take effect th first day of April,
1906."
LABOR TROUBLES IN CHICAGO
Lumber Wagon Drivers Are Out and
Planing Mill Employe May
Quit Work.
CHICAGO, Jan. JO. Nine hundred lumber
wagon driver struck her today. Opera
tions of Arms comprising th Lumbermen'
association concerns that control ths sup
ply of lumber for building, th flooring
mill and th sash, door and blind 'and box
factories of th city wer affected. On
hundred firm are member of th associa
tion, and they assart that they will stand
together In opposing th demand of th
drivers.
Th drivers affected belong' to the Lum
ber Box and Shaving Teamster local of th
International Brotherhood of Tesmster..
Since last December they have been ek
ing an increase of wagea for drivers' of
two-hor wagon from fit to fit a wek.
No Increase Is asked for single drivers,
who have been getting 112. The employers
would concede no advance.
A strike of SCO planing mill employe also
I said to b Impending. A new agreement
offered by th Lumbermen association;
practically providing for the "open shop,"
bag been rejected.
PRESIDENT VISITS ANNAPOLIS
Goes to Naval Academy to Partici
pate la Gradnattng
Exercises.
ANNAPOLIS. Jan. 30 Pefore a host of
their friends and relatives who came from
all parts of the country to witness their
graduating, the 114 members of the first
class at the naval academy today com
pleted their four-years' course and received
their diplomas at the hands of President
Roosevelt. Shortly after the president and
hi party arrived from Washington they
entered the armory. Tho president was
Introduced by Superintendent Brownson of
the academy, who said: "I have the honor
and It Is a pleasure, of presenting to you
the president, who will deliver to you your
diplomas. Mr. President, these are the
graduates of the naval academy."
Addressing them as "Fellow midship
men," the president liegan by saying that
he was unable to see how a good American
could fall to be a better American after
coming to Annapolis and teeing what the
navy was and what It was soon to be.
"More than any other people In the coun
try," he said, "except the men of your
sister service, you owe a peculiar caro for
your Interests on the part of the repre
sentatives of the people."
Of all the "baseless alarm!'" In tho coun
try the president said thtt the cry about
militarism was the most roollsh and most
baseless.
"No nation Is aa free from the danger of
a growth of militarism as are we," he
said. "The danger Is lst we do not take
sufficient thought to prepare our men and
material.
"If this country Intends to do Its duty on
the side of law and order then It must see
to It that It Is able to make good, should j
the necessity arise." Referring to the
arbitration treaties now pending before the
senate the president said every friend of
peace should Join heartily in seeing that
these treaties become a part of tiio su
preme law of the land. He said this na
tion seeks peace not because it is afraid of
war, but because the American people love
the eternal and Immutable laws of Jus
tice and right living.
"So much," said the president, "for the
general public." He then talked to the
members of tho graduating class, remind
ing them that one of their great duties
was 'to see that your shot hits." In the
naval engagements of modern times, the
president said, the defeated belligerents
were defeated through no lack of bravery,
but through lack of preparation or de
fective material. In conclusion he said:
"If you will but rise to the level of your
opposite you will keep and maintain the
proud fame of the American naval officer."
At the conclusion of his address the pres
ident presented to the seven successful
middies the sword and medals won for
proficiency In the oratorical and practical
gunnery.
PRESIDENT AT PHILADELPHIA
Chief Executive Makes an Address at
I'nlon League CInb.
PHILADELPHIA. :- Jan. 30. -President
Roosevelt was the guest of honor and prin
cipal speaker tonight at the forty-second
anniversary banquet of the Union league.
The First troop. Philadelphia ,ty avairy,
acted aa the president's escort while he re
mained In the city. ,
President Roosevelt occupied a seat In the
center of the guests' table with President
Stolsbury of the Union league on his right
and United States Senator Penrose on his
left. Seated at the same table were former
Postmaster General Charles Emory Smith,
Congressman Bingham, Surgeon General
Rlxey, Brigadier General Frederick D.
Grant, Lieutenant General S. B. M. Young,
Governor Lea of Delaware, Governor Stoke
of New Jersey and Mayor Weaver of this
city. Governor Pennypacker of Pennsylva
nia was Indisposed and could not attend.
Former Postmaster General Smith was
also one of the speakers of the evening.
His address was devoted to a history of the
Union league.
When President Roosevelt arose to make
his address he was greeted with long con
tinued applause. Then the entire assembly
stood and sang "The Star Spangled Ban
ner," accompanied by the First regiment
band. N. G. P.
Letters of regret were read from Joseph
G. Cannon, speaker of the house, and Gov
ernor Pennypacker of Pennsylvania.
President Roosevelt left for Washington
at 12:19 a. m. on a special train over the I
Pennsylvania railroad. The train will run
slowly and will reach Washington about
daylight.
GOVERNMENT GETS M'INTYRE
Man Wanted In South Omaha in
Hands of New York Federal
Authorities.
NEW YORK, Jan. 30.-Philip Mclntyre.
who was arrested lust Saturday upon the
arrival of a steamer from Vera Cru on
a charge of passing a worthless draft on
a bank In the City of Mexico, according
to the police, la wanted In more than a
score of cities In various parts of the
United States on the charges of swindling.
He has been turned over to the federal
officers. Among the cities where Mclntyre
Is wanted, according to the detectives, are
Deadwood, S. D., and South Omaha, Neb.
According to the detectives, Mclntyre's
method was to represent himself as the
attorney for a Tennessee coal company and
also a a former prosecuting attorney of
El Paso, Tex. He carried letters of In
troduction written on paper of the supreme
court of Tennessee and purporting to be
signed by various supreme court Justices
of that state. He is a fluent talker and
easily became acquainted with lawyers,
whom he appointed agents for the coal
company. He would then ask the newly
appointed agents to introduce him at one
of the local banks.
Mclntyre Is wanted in South Omaha on
a charge of forgery. It Is alleged that
about six months ago he forged a number
of drafts on Swift and Company and a
number of other South Omaha packer and
commission firms, succeeding In obtaining
cash on a number ot th spurious drafts
and leaving the country. -
SAN PEDRO LINE COMPLETED
Last Rail on Road Projected by Sen
ator Clark Laid la
Nevada.
SALT LAKE CITY. Jan. S0.-The last
rail of the San Pedro, Los Angela A
Salt Lke railway was laid today near
Good Springs, Nev. There were no
ceremonies attendant upon the laying of
the last stretch of steel which connects
Salt Lake City today directly with Los
Angeles and with Sn Pedro harbor, but
th event will be fittingly commemorated
on a date yet to be selected, In which
the officials of the road and the commer
cial bodies of Salt Lake and Ixis Angeles
will participate. This Is th railroad which
was organised by Senator Clark about
three years ago.
RUSSIAN MOVEMENT FAILS
Attempt to Ontflink Oyama's Army Ends
With a Retreat.
JAPANESE THEN TakE THE OFFENSIVE
They Are I sable Advance Far and
Fighting for the Present
Seems to Be
Over.
8T. PETERSBURG. Jan. SO. 11 .50 p. m.
General Kouropatkin's attempt to break
through the Japanese left wing and out
flank Field Marshal Oyama's position on
the Shakhe river seems to have failed en
tirely. Few details, however, are avail
able beyond the Information In the official
dispatches. Field Marshal Ojaraa nrpears j
to have answered the Russian advance
with a ccunter effenslve movement, but
tio great disposition was shown to carry
the warfare into the territory held by the
Russians.
General Orippenberg has notified the em
peror he has discontinued the offense. Gen
eral Mlstt henko and General Kondratsvltch,
while not seriously Injured, have been
obliged to relinquish their commands. The
War office gives no estimate of the Russian
losses, but they are believed to be heavy.
General Grlppenberg also telegraphs to
Emperor Nicholas that the Russians have
occupied Santatltse (Salmatsze). He also
reports that Generals MJstchenko and Kon
dratsvltch are wounded.
Japanese Account of Fighting.
TOKIO, Jan. 30. (10:30 a. m) Russian
activity on the Shakhe river seemed to
have ceased after the fights at Chenchle
pao and llelkoutai, where the Japanese
were victorious. The object of the opera
tions Is not clearly understood here, but It
Is suggested that the Russians cither In
tendud to turn the Japanese left and move
a heavy force down west of the Llao river,
or were seeking to divert attention from
some projected operation against the Japa
nese right. 1
It Is reported that the weather Is warmer
since January 26, but it Is still extremely
cold, so that it la Impossible to expose the
troops at night. 1
The Toklo press expresses the opinion
that General Kouropatkln either ordered
the movement to divert attention from the
domestic conditions In Russia or that he
had planned to make a fight before Field
Marshal Oyama had been heavily rein
forced. Manchurlan army headquarters, tele
graphing yesterday, says:
There has been no great change in the
direction of the right and center armies
since the night of January 28, except con
stant collisions between reconnolterlng par
ties. In the direction of the left army the
enemy keeps up a slow but constant can
nonade. The enemy's main body at Chenchlepao
and Helkoutal seems to have retreated In
the direction of Nelnyuoao, which is two
miles west of Changtan and Subfangtal.
At a point ten miles northwest of Chang
tan the enemy left many dead.
The details of the fighting . at Chen
chlepao and Helkoutal have not been re
ported. I p. m. The casualties during the fighting
at Chenchlepao and Helkoutal are esti
mated at 8.000 on the side of the Japaneso
adn 10,000 on the Russian side.
Russians Driven Rack. '
GENERAL OKU'S HEADQUARTERS,
Jan. 29, (7 p. m.) Via Fusan. (Delayed In
Transmission.) Two division of Japanese
troops attacked Pehowskl and drove four
divisions of the Russians across th Hun
river. Six hundred Russians were captured.
The Russians are making a stand across
the river. '
One Russian division made several at
tacks on Santanpu to the east, but was
driven back with a loss of over 4,000. The
Japanese bombarded the entire Russian
line. The Russians replied feebly, showing
little activity.
Japanese Note on Neutrality.
WASHINGTON, Jon. SO.-The Japanese
government ha made verbal denial to
the State department here, and It Is un
derstood to other governments, of the Rus
sian charges of violation of Chinese neu
trality during the present war. The Japa
nese statement, just made public, 1
couched In strong language. It says that
while It Is not Japan's duty to defend
China In this case, yet ao far as the good
faith and loyalty of Japan are called In
question the government of that country
feels bound to repel the charges.
The note is supported by a detailed state
ment under eight heads Intended to ahow
where Russia on her part has violated
Chinese neutrality.
BALLOTS ARE TAMPERED WITH
Interesting Testimony In Election
.Cases In the City of
Denver.
DENVER, Colo., Jan. 30. In the trial of
Peter Miller, an election judge who served
In precinct 8 of ward 7, on the charge of
fraud In connection with hi conduct of the
election, the ballot box was brought Into
the West Side criminal court and opened
today. The contents showed nineteen
straight republican tickets, twenty
scratched tickets and 215 straight demo
cratic tickets. This corresponded with
the returns made to the election commis
sion. During the day, however, sixty-two
persons went on the stand and swore
that they were residents of the precinct
and voted the straight republican ticket on
November 8. Miller Is at present serving
sentence In the county jail for contempt of
the supreme court election Injunction order.
The ballot box opened today was not used
In evidence tn the contempt proceedings
for the reason that attorneys for the de
fense objected.
CAROLINA REFUSES PAYMENT
Senate Tables Resolution Concerning
South Dakota's
Claim.
RALEIGH, N. C, Jan. SO. The senate of
North Carolina today by an almost unani
mous vote decided to table a resolution
providing for the Investigation of the
South Dakota claims against North Caro
lina. It was stated by the author of the
resolution to table that the democratic
party In a convention at Greensboro had
voiced the sentiment of the state not to
open the South. Dakota bond case. As the
matter now atanda the general assembly
will decline to take any action regard
ing the judgment held against th state by
South Dakota.
CASHIER RECTOR SURRENDERS
Mlaaiag Bank Ofttclsl Returaa to Chl
rago aad Gives Him
. self I p.
CHICAGO, Jan. 80. Cashier W. 8. Rector,
Indicted In connection with th failure of
the Pan American bank, has surrendered
to th sheriff.
NEBRASKA WEATHER FORECAST
Fair Tnrs.la.Ti Warmer la Northwest
Pnrtloni Wednesday Fair.
Temperature at Omnha Yesterduyi
llnnr. Pes. Hoar. Pes.
fl a. m.... ., : 1 p. m 13
l a. m 4 X p. m 1
T a. in 4 8 p. ro 14
Ma. m 4 4 p. m . . . . . . 14
a. m if Hp. nt...... 14
lOn.m e 8 p. in 1!
II a. n a T p. sa 14
U a.n lO p. m 13
1 p. m 11
SITUATION IN CZAR'S DOMAIN
Condition at Warsaw Go from Rad
to Worse Gnnd Order at
Petersburg and Moscow.
While there seems tn have been a com
plete restoration of order In St. Petersburg
and Moscow, conditions at Warsaw con
tinue to so from bad to worse. Estimates
of the killed and wounded In consequence
of collisions between mobs and soldier
place tlio number at lo.
The bakers being on strike, bread I at
famine price In Warsaw, and attempts, to
break Into stores there have caused num
erous collisions with the military. The
rinding of revolvers of uniform make on
many of the rioters arrested afTords con
firmation of recent reports that revolution
ary a Kit at on have been smuggling arms
In anticipation of nn outbreak.
It Is asserted that the official tale of the
dead through the recent conflict between
the strikers and troops at Riga Is far
short of the actuality, many having per
ished tn an attempt to cross the river
on the ice when the soldiers opened fire,
the ice breaking and the water engulfing
the fugitives.
IIOMB THROWN AT PARIS OFFICIALS
Two Guards Arc Injured and Many
Window Broken.
PARIS. Jan. 30. A meeting wa held
In the Tlvoll, Vaux hall to protest against
Russian autocracy. It was under the aus
pices of the revolutionary socialist groups
and 6,0u0 persons were present. Deputies
Jaures, Vaillant and Depressense spoke.
The police were present In strong forces.
During the exit of the audience Into the
Avenue De La Republlque, a bomb was
thrown Into the center of the group of po
lice and republican guards In which stood
Prefect Lcpine and other high officials.
None of these was hurt, but two guards
were wounded and many windows broken.
The bomb was loaded with big headed
boot nails. Two men have been arrested,
one of them a law student, on .the belief
that they were the authors of the crime.
The police early today discovered a slip
posed bomb with a tuba attached, con
taining a lighted fuse. In front of the house
of Prince TroubetBkoy, an attache of the
Russian embassy here. The policemen ex
tinguished the fuse and Informed the au
thorities, who are investigating the affair.
The bomb was bottle-shaped and of small
dimensions. It was filled with a green
powder. There were two tubes In th cen
ter, one of metal and the other of. glass,
containing acid. Owing to faulty construc
tion the acid could not mix with the
powder and It Is believed the bomb could
not have done great damage.
HOCH CAPTUREDIN NEW YORK
Much Wanted Man Arrested aad Ad
mits He Is Person
Sought.
NEW YORK, Jan. SO. Johann Hoch,
charged with bigamy In Chicago and who.
It Is alleged, married twenty women, was
arrested at a boarding house in West
Forty-seventh street tonight by central
office detectives. He admitted his identity,
although when first arrested he gave the
name of Henry Hartels.
At the Forty-seventh street station,
where he was taken, he said:
"I'm Hoch arid a much abused man."
"How abused?" he was asked.
He had nothing more to say.
He gave his name as John Joseph Adolph
Hoch, said he was 45 year old, a ma
chinist, living at 6130 Union avenue, Chi
cago. Hoch la known under the names of
Alfred Hecht, Albert Busetberg, Joseph
Hock, Jacob Hoch and Adolph Brumm.
Hoch stated that he had not been mar
ried twenty times. He said that he had
been married only twice and that his first
wife is still alive.
CHICAGO, Jan. 80. Dr. Lewk, coroner's
physician, who made a post mortem exam
ination of the body of Mrs. Marie Welker
Hoch, the last wife of Johan Hoch, the
alleged Bluebeard, announced today that
according to all microscopic testa the
woman apparently died of natural cause.
No trace of poison were found. However,
chemical analysis will yet be tried. The
doctor said that the powders found In the
Hoch home are ordinary headache powders.
YAQUI UPRISING IS SERIOUS
Many Small Parties Are on the War
path and Twenty Murders
Are Reported.
TUCSON, Arlx., Jan. 80 W. V. Daly, a
prominent mining engineer and mine owner,
just arrived from Minus Prletaa, says that
the Yaqul outbreak in Mexico la very
serious. There are probably 800 Yaquls out,
divided Into from twelve to eighteen bands.
Depredations so far have been confined
to the Cobacho district. The Indian are
well armed and are kijllng American and
Mexicans without discrimination. Twenty
people, Daly says, four of whom are Amer
icans, have been killed In the district within
the last week.
General Torres and Oovernor Ysabel,
with Mexican troops, are pursuing the rene
gades. Torres I considered the best Indian
fighter In the Mexican army. Advices at
Prletas Sunday were to the effect that
Torres had surrounded a large band of In
dians in Uvalama canyon In the Mazatlan
mountains. This Is the same place where
a year ago Mexican soldiers surprised a
band of Yaquls and slew many of them.
Movement of Ocean Vessels Jan. SO.
At New York Arrived: liekla, from
Copenhagen; Kroonland, from Antwerp and
Dover; princess Victoria Louise, from St.
Thomas, etc Sailed: Konigen Louise, for
Genoa and Naples; Moltke, for Funchal,
Cadis, Malta, Alexandria, etc.; Vaderluud,
fur Antwerp.
At Palermo Sailed: Pannonla, from
Trieste, etc., for New York.
At Naples Sailed: Republican, from
New York, etc., for Alexandria.
At Hamburg Arrived: Bluecher, from
N i.. n. j Mi, i. uertxJurK.
At Liverpool Arrived: Oeorglc, from New
York; I'mbila, from New York; Canadian,
from Boston.
At Naples Arrived: Canoplc, from Alex
ander, fur liixiton.
At Oiristlansand Sailed: Hellig Ol.v,
for New Vork.
At Bremen-Sailed: Muiu, for New York.
At BuulijRiie hailed : Btalendu.ni, from
Rotterdtrn. for New York.
At Gibraltar Arrlvrd: Konlg Albert,
from New link, for Naples and Genoa and
jiroceeded. y
MAY CAUSE FRICTION
Attack on British Official at Warsaw Re
sults in Diplomstio Inoident
ACUTE COMPLICATIONS ARE PROBABLE
Anti-Russian Feeling in Ei gland Kay Be
Hard to Control
HARDiNGE ASKS FOR AN EXPLANATION
Prompt Investigatien of Alleged Indignity
is Promised by Lamtderff.
PLACARDS POSTED AT LIIAU AND REVAL
Further Charges That the Strike 1
Fomented by Great Britain
In the Interest of
Japan.
ST. PETERSBURG, Jan. 30. (10:30 a. m.)
New complications between Great Brit
ain and Russia are feared on account Of
the attack on the llritish consul and vice
consul at Warsaw Saturday night. Com
ing on the heels of tho placards posted by
Assistant Police Chief Roudeneff at Mot
cow, charging Great Ilrltaln with Inciting
the revolution In Russia, the Warsaw In
cident Is likely to arouse an outburst In
Great Brltuln which may again strain re
lation between the two countries. Be
yond the fact of the attack at Warsaw re
sulting in the wounding of the British vice
consul, who Is now In a hospital, the Brit
ish embaxsy here has no details of the af-
fair, but Sir Charles Hardlnge, the British
ambassador, haa already directed a note to
Foreign Minister l,amsdorff asking for an
immediate Investigation and explanation,
reserving any claims which make be here
after made and at the same time asking for
the protection of British consuls through
out the empire. By the first fain he also
dispatched Major Napier, the British mili
tary attache, t3 Warsaw to secure a full
report on the clrcumbtances.
Count Lamsdorff hastened to reply to
Ambassador Harding's note, expressing re
gret If the British consul general and vice
consul at Warsaw were Injured and Inform
ing him that an Immediate Inquiry would
be made to establish the fact. The con
suls aro understood to have been wounded
by Cossacks while the latter were clearing
the streets.
More Notices Posted.
Count Lamsdorff replied to Ambassador
Hardlnge's second note on the subject of
the Moscow, placards by saying that In
structions had been sent to remove all
traces of the placards from the streets.
It Is now learned, however, that similar no
tices had been posted at Ltlxiu and Reval,
which led to a renewal of representation
on this score. In this connection the ap
pearance of the proclamation of the holy
synod. Instructing the orthodox priests to
Inform their parlshoners that the strike
and revolutionary movements were pro
moted by the external enemies as well, as .
the Internal enemies of Russia, with the
object of embarrassing the military and
naval plan, has created something of a
flurry among foreigner here, especially the
British, who believe that the object 1 to
Incite hostility. No further action,' how
ever, has been taken by either Ambassador
Hardlnge or the pther foreign representa
tives. Private advices from Warsaw aay the '
authorities there have already taken over
charge of the water works, electrlo light
and gas plant and that serious troubl la
anticipated. ,
Factories Resume Work.
12:28 p. m. Most of the factories and mill
of St. Petersburg are In operation today
and the strike to all Intents and purpose
1 ended. A few large establishments have
' not fully resumed operations owing to the
official formalities necessary In registering
their thousands of employes. Some of the
workmen at the Putlloff works, where th
strike originated, have asked for the cele
bration of a religious service by the Metro
politan of St, Petersburg before resuming
work "so as to remove the effect of th
presence of the unfrocked priest and ex
communicated leader," Father Gopon. Some
social democrata are protesting against th
arrests of Friday and Saturday on the'
ground that the action taken was In viola
j tlon of the Implied promise contained In the
' proclamation of the authorities. The Man.
ufacturera' association will meet this week
to decide the question of paying the wages
of the striker for the time the latter were
not at work, but as a number of the works
have already paid their unskilled laborers,
whose pay day was January 28. half or full
time, the rest of the employers will' proba
bly decide to pay their workmen at least
part of their wages for the time they wer
on strike.
Conditions at Warsaw,
WARSAW. Russian Poland, Jan. SO. Th
streets have been quieter since yesterday
evening, but the strike continues In full
swing. All places of business are closed.
A proclamation haa been issued declaring
that the condition of the city requires addi
tional protective measures without differen
tiating between those who are forced out
against their will and those who are pre
cipitating the strike. The men, It I added,
must return to work unconditionally.
The number of killed or wounded dur
ing the rioting here I estimated at 100.
Out-of-door life In the city Is at a com
plete standstill. All the resturants, cafes
and sho?s aro closed.
By order of the governor general th
governments of Warsaw, Lods and Petro
koff have been placed under the operation
of the law for the strict maintenance of
public order.
The government building and large fac
tories are guarded by troops. Part of th
electric light plant has been destroyed by
strikers.
Britain Asks Explanation.
LONDON, Jan. 30. The Foreign office has
received a telegram from Consul General
Murray at Warsaw reporting that hlms,f
and Vie Consul Mucukaln wer charged
by Russian cavalrymen engaged In clearing
th street at Warsaw. It appear that
Mr. Murray Is partially deaf and probably ,
did not hear the approach of the troopers,
and when he subsequently endeavored to
make known his personality It was with
out avail. The Foreign office has tele
graphed to Ambassador Hardlnge to make
urgent representatlona at St. Petersburg
on th subject.
Reports of continued acta of hostility to
6reat Britain and citizens of this country
In Russia ar causing considerable per
plexity and anxiety In official circles In
London. At the Foreign office there Is
evident apprehension of another popular
Hntl-ltmslcLii outburst here and, while
diplomats say there Is no doubt that full
satisfaction will lie given for th Warsaw
affair, the newppaperc are unanimous In
condemnation til Russia and uttrlbute all
Incidents to anti-British sentiment. At the
Foreign office today It was Intimated that
e accumulated evidence of hostility.
"4
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