Carpenter's Panama Letters,
Next Sunday's Bee.
The Omaha Daily Bee.
Pranks ot Buster Brown,
Next Sunday's Bee.
ESTABLISHED JUNE 19, 1871.
OMAHA, WEDNESDAY MOKXIXO,' MAUCH
1905 TEN I'AOES.
SINGLE COPY TH It EE CENTS.
CENTER IS BROKEN
fieport at fit Petersburg that the Busaiau
Army is Defeated.
JAPANESE TAKE MANY SIEGE GUNS
Hope that Kouropatxin May Turn Tide of
Battle Vanishing. -
RUSSIANS GAIN AT MINOfi POINTS
General Belief at the Capital thf ' Retreat
Has Begun. T
JAPANESE CARRY IMPORTANT P TIONS
Yesterday's Flsjhtlas; Reaulti la a
Xnnibtr of Vlctorle for Little
Urowa Wen Lo
Both Bide Heavy.
8T. PETERSBURG, March 7. (7:10 p. m.)
A very apeclllc report la circulating In ex
ceedingly welt Informed quarter that the
day hua gone badly with General Kouro
patkln. that the Russian center la broken
and that thirteen heuvy siege guns have
been captured by tha Japaneae. It this
In true. It la pointed out hero, tha battle
la lost.
Russians la Foil Retreat.
LONDON. March 8. The Dally Tele
graph' correspondent at Toklo saya: Re
ports are current here that the Russians
are in retreat and preparing to destroy the
railway north ot Mukdan.
General Kouropatkln Is said to have gone
to Fushun after holding a council of war
with 100 officers. Hla left rear guard, con
sisting of 30.000 picked troops. Is retiring.
Chinese report that Mukden has been com
pletely evacuated and that Its great mag
Bine wet set on fire by Japanese artillery.
Oreaf Gloom at St. Petersburg;.
ST. PETERSBURG. March 8.-2:16 a. m.
That the battle of Mukden will go down in
history with Llao Yang in the long list
of Russian defeats Is the almost universal
belief In pessimistic St. Petersburg, which
has forgotten the meaning of the word vic
tory. The War 'office does not admit that
the Issues ot the great battle, which al
ready exceeds in magnitude of operations
and losses that of Shakhe, has been de
cided, although It la positively said in high
quartera that Kouropatkln has telegraphed
to Kmperor Nicholas that It will be im
possible to hold Mukden and that the with
drawal of the army northward has already
been begun.
Nothing from General Kouropatkln later
than Monday has been given out, but ad
vice to St. Petersburg newspapers and
dispatches to the Associated Press at 8
o'clock last nlgHt Indicate that the po
sition of the 'Russian army after a day of
furious and unprecedented fighting Is des
perate, but- not absolutely hopeless, some
Russian correspondents even predicting a
Russian victory soon, and one affirming
that the extreme Japanese left has already
begun to retire southward.
All Depends "fiMiar
; Everything probably nw depends on Gen-
" era) Kouropatkln's reserves.
' While the Japanese hurled themselves
forward at every point yesterday, their
' mnln- energies were behind the blow west
and southwest in an attempt to envelope
the Russian right and drive a wedgu
through the line at Madzyapu, but General
Kouropatkln seems to have been able suc
cessfully to change front on the line of his
shattered right, aligning from northwest
to southeast, to protect the railroad to
Mukden; and at nightfall It was reported
he was practically holding all his positions.
At the same 'time he was drawing In and
ahortenlng his line to the southeast.
According to reports all the concentrated
attacks of the Japanese to the weatward
failed, and the effort of Generals Nngl
and Oku to puh the encircling movement
north and eastward across General Kouro
patkln's line of communications was
blocked. Reports, however, are conflict
ing. One correspondent telegraphs of
hearing firing to the northward of Tie
pass, which may be between Cossacks
and a flying column of Japanese.
Minor Husstaa Successes.
. wnile uome tiussian correspondents per
haps attach undue Importance to several
minor Russian successes In the southern
front, which evidently were simply counter
attack and In no sense real offensive
movements. If Kouropatkln has a plan
for striking a real blow upon which, In
the opinion of experts his salvation de
pends, there la no indication as yet of
such a purpose. The commander-in-chief
hau been confining his strategy, as at
Llao Fang, to meeting the attacks of the
Japaneae and accepting battle at places
chosen by Field Marshul Oyama.
Both aides are terribly exhausted by ten
day of continuous fighting and all the
correspondents at the front intimate that
the Issue must be definitely decided today.
At the military clubs here General
Kouropatkln is already regarded aa beaten,
' the only question being his ability to
execute a retreat. Those who believe there
la still a chance ot actual Russian victory
are few and far between. The majority
regard the fighting yesterday aa In reality
a .rear guard action, entertaining no doubt
that there will be a heavy withdrawal
during the night. These officers, however.
are dependent upon practically the same
Information as tne public.
Politically, the result may determine the
question ot continued prosecution of the
war. An overwhelming disaster, It is be
lieved, will aurely bring Rusala to terms.
but anything less might not break the
stubborn resolution of the Russian govern
ment. In its bearing on the interior sltua
tion the result of the battle is regarded aa
equally Important.
Fighting: Bearias at Daw a.
MUKDEN, March 1.-4 35 p. m.-FlghUng
ot the fiercest kind, which la likely to de
cide the fate of the battle which has been
in progress for ten days, began at dawn
today and ha continued uninterruptedly
up to the present time on a front fourteen
mile long weat of the railroad and on a
Una with the Shakh river. The Japanese
also have made a desperate attack on
Beatalaputs. and report are arriving here
that fighting was renewed this morning on
the extreme left of the Russian army.
Both aide are fighting: with desperation to
the weatward, though the troop are well
nigh exhausted. The issue of the battle
may depend largely on the relative physical
condition ot ths rank and file. In It main
feature the combat 1 very much like that
at Liao Tang, and If the Russian should
be able to crush the flanking force, victory
may be regarded a won. The losses In
the ten days of battle on both (Idea are
already far greater than were the casual
ties In the battle of Llao Tang, and are
llkrly to increase aa the daya pass before
the issue la fully decided.
Beginning at t o'clock a m. the Japanese
(Continued on Second Page.)
SUMMARY OF WAR SITUATION
Japanese Make More Galas and De
rlalve Flahtlna; la Expected
Today.
For ten dnys the Japanese and Russian
armies In Manchuria have been engaged In
a mighty conflict, the Issue of which has
not been reached. Although most of the
news from the scenes of battle comes
through Russian sources and consequehtly
may be supposed to present the facts In
as favorable a light as possible for the
Russian arms, it is evident that the Japa
nese made some gains yesterday. 8t.
Petersburg has an unofficial report that
General Kouropatkln's center ha been
broken and that thirteen siege guns have
fallen Into the hands of the Japanese.
These guns, which are of six and eight-
Inch caliber, were given permanent em
placement on the line of the railroad north
of Shakhe station, the fact evidencing the
confidence of the Russians that the Japa
nese could not penetrato thither.
In St. Petersburg it Is generally believed
that General Kouropatkln was yesterday
fighting a rear guard action to cover his
retreat and that the night will have wit
nessed a large withdrawal of the troops
toward Tie Pass. All of the commander-in-chiefs
ability. It is considered, will be
required to extricate his army from Its
present predicament. The 'issue. It Is ex
pected, will be decided today, and a great
deal unquestionably depends on the com
parative ability of the two armies to resist
the effects of hunger and fatigue, the limit
of human endurance evidently having been
nearly reached on both sides. Beyond the
statement that the casualties exceeded
those of the battle ot Liao Tang there is
little known a to the number of killed
or wounded.
CZAH ABANDONS THE COMMISSION
Refusal of Workmen to Participate
Render It Iseless.
ST. PETERSBURG, March 7. The
Shldlovtkl commission, appointed to ascer
tain the cause of discontent among the
working peoplo of St. Petersburg, has been
dissolved by order of the emperor. An
official communication explains that this
action Is due to the impossibility of pro
ceeding with the proposed plan in conse
quence of the refusal of the workmen to
elect representatives to the commission.
The minister of ways and communications
has directed the employes in the work
shops of the state railways to elect repre
sentative to represent their need to the
manager of the shop.
LODZ, March 7. The police have ar
rested a dozen prominent lawyers and doc
tors on the charge that they had been stir
ring up the Polish language agitation in
the schools.
WARSAW, March 7. The strike of house
servants here suddenly collapsed toduy.
This la attributed to the action of the
polite, who have severely whipped do
mestics, and the others, fearing similar
treatment, gave up the struggle.
IRISH QIKSTIOH AGAIN TAKEN IP
Delay of Reinstatement of Evicted
Tenants Inilrr Discussion.
LONDON, March 7. The evening sitting
of the house of common was occupied by
Irish member complaining of undue delay
In the reinstatement of evicted tenant un
der the land act of 1903. Mr. Atkinson,
attorney general for Ireland, who defended
the work of the estate commissioners, de
clared that evicted farms unlet throughout
Ireland showed a reduction of 64 per cent
since 1804. The commissioners now have
41,000 acres of untenanted land and rein
statement would In future be much expedited.
T. W. Russell, ridiculed the sjmallness of
the work accomplished, and said that It
was Dublin castle that stood In the way.
Finally Kendal O'Brien's motion,1 which
had started the debate and which called
for remedial measures, was rejected 230 to
182.
The Ulster unionists met In the house of
commons tonight and decided In view of
Mr. Wyndham's resignation of the chief
secretaryship for Ireland and of the pend
ing appointment of hla successor, to support
the government In divisions on the Irish
question.
Fishermen Are Released.
MANILA, March 7. Japanese fishermen
who were arrested In conectlon with the
attempt alleged to have been made on the
night of March 2 to sink the British
steamer Carlisle in this harbor, have been
released on account of lack of evidence
against them. The authorities here aro
taking every precaution to prevent any at
tempts c" the kind.
New Swedish Cabinet.
CHRISTIANIA, March 7.-The regent.
Crown Prince Gustaf, has Invited former
Financial Minister Mlcholaen to form a
new cabinet In succession to the Hagerup
ministry which resigned March 1.
JUDGE RESCUES THREE GIRLS
Filipino Maiden Taken from Amer
ican Vessel and Captala Fined
tor Kidnaping:.
ST. LOUIS, March 7. Advice have Just
been received from Manila, telling of the
exploits of Judge Adolph WUIisenus, for
merly a police court Judge of St. Louis, and
now a justice on the Island of Cebu, who
In January last personally pursued and
captured an American commercial vessel
that was leaving with three Filipino girls
forcibly detained on board, rescued the
girl and fined the captain s.GOO pesos. The
ship was the United States barkentlne Che
hall, owned and commanded by P. M.
Simpson of Oregon. When the ship cleared
from Cebu the cry was raised that three
Filipino girls had been carried away. A
cutter overhauled the ahlp, but the girls
could not be found aboard. Then It was
that Judge Wlslizenus, heating the report,
suddenly adjourned court, buckled on a
revolver, summoned armed native officials
and pursued the barkentlne in a launch,
overhauling it and finding the three girls
in a locker. Captain Simpson was brought
to land, charged with abduction by Judge
Wlallxenus, who Immediately reconvened
bis court and fined him 2.S00 pesos.
STRIKE ON RAPID TRANSIT
ELECTION IN KANSAS CITY
Light Vote I Cast and Preposition
tor New City Charter Is
Defeated.
KANSAS CITT, March 7. The proposi
tion for a new charter waa defeated at an
election held here today, at which a light
vote was cast. The adoption of the new
charter would have required a four
seventh vote, hut the charter was not
supported by even a majority of the voters-
The new charter, which was drawn by
thirteen representative freeholders, was
Intended to enlarge the powers of the city
government and in other ways suit the
condition brought about by the rapid
growth ot the city during the pmt tea
year.
Traffic on New York Enbwaj and Elevated
Lines Partially Tied Up.
NONUNION CREWS MAN TRAINS
Twenty-Nine Persona Injored In
Wreck on Indrrgroand Road
Mayor McClellan Offers
to Mediate.
NEW TORK, March 8. A five-car train
on the Ninth avenue elevated line ran
nway, going north soon after midnight
soon after leaving the Ninety-third street
station, and with scarcely any lessening of
speed rourrded the two curves which form
an "S" over 100 feet from the ground at
One Hundred and Tenth street. The train
waa brought to a stop one block south of
the One Hundred and Sixteenth street sta
tion. The motorman was so erased that he
attempted to Jump to the street, but waa
restrained by a policeman. Women fainted
and men shouted when the train was In
flight.
At 11:30 125 men from the aouthern states
arrived at South ferry, having come by the
Baltimore & Ohio railroad. The men were
marched to Ninth avenue L station under
the guard of thirty policemen. They were
housed la the Harlem car barns of the
company.
Wreck In the Sabway.
With one collision In which twenty-nine
were Injured and none killod. New York ha
passed the first day of the general strike
on Its rapid transit system. Beyond this
accident and some minor casualties due to
the abnormal conditions the sum total of
the day was annoyance and vexation to a
1,000,000 or more people usually dependent
upon the Intorborough's lines for transpor
tation to and from business. So fur there
has been little disorder. Sporadic encoun
ters between Individuals, some bad lan
guage and the action of a tew hoodlums
In throwing missiles at passing elevated
train tell this phase of tho strike.
The annoyance of the multitude waa In
creased by a wet snow, which began falling
this afternoon. Service on the elevated
roads and subway, while not tied up, was
crippled badly. Trains were run on Irreg
ular schedules In the underground, begin
ning with the early morning, but the ele
vated lines did not fare so well. On the
east side practically no attempt was made
to institute service, while the Sixth and
Ninth avenue lines, which serve the west
side, were run in a fashion inadequate.
Service in the Sabway,
The elevated system of the Interborough'a
lines waa pretty well paralyzed. The com
pany' entire energy seemed to be directed
to an effort to maintain service In the sub
way and in this It was partially successful.
Strike Breaker Farley and his crew of 700
or 800 men were thrown Into the tunnel;
officials of the company gave this system
their personal attention and an enormous
number of policemen were detailed to the
trains and stations. The attempt to run
express train waa abandoned early in the
day. Every available man was put on the
local and a fairly good schedule was main
tained during tha evening rush hour until
tho accident at .Twenty-third street .took
place. This upset things, but after stren
uous effort they were straightened out and
a service wa resumed on a headway Of
from five to seven minutes.
The accident at Twenty-third street was
in the nature of a rear-end collision, due, it
is naid, to the inexperience of men on
trains. Two cars had their ends smashed
in, vnd there was a panic among score of
passenger. Of the injured fifteen were so
severely hurt that they had to be sent to
the hospitals. Traffic was delayed for over
two hours, from 6 o'clock until after 7.
A five-car local train, bound uptown for
Lenox avenue, was in charge of Motorman
Charles Miner of Louisville, Ky., and a
conductor named Boyer, both new men.
The train waa crowded when It reached
Twenty-third street. The last car of the
train, No. 3,027, waa one of the new steel
cars, and the car ahead of It, No. 3,473, was
of the wooden type, with copper sheathing.
Samuel T. Bradford, a strikebreaker, was
the guard between the two car. The
front platform of No. 1,027 and the rear
platform of 3,473 were so crowded that
Bradford had difficulty in operating the
sliding door.
Passenger Caught In Viae.
The train had just drawn Into the Twenty-third
street station and some of the
passengers were about to alight when
there came a crash aa a train which had
left the bridge only thirty seconds after
the first train dashed into the first train
standing at Twenty-third street. The steel
car on the first train was forced Into the
rear of the car Just ahead. All of the
lights of the first train went out and a
moment later were heard the cries of the
injured and panic-stricken passengers.
Those who were standing in the two rear
cars of the first train and In the first car
of the second train were thrown to the
floor.
The passengers standing on the platforms
ot tha last two car of the first train were
caught aa In a vise. It waa here that ail
cf those who were hurt received their In
juries.
Policemen and firemen were summoned
to chop the car apart and rescue the im
prisoned. It was fifteen minutes before
the first of the victim was released.
Meantime some ot the cooler of the pas
senger In the train had lighted matchea
In the cars and were assisting the women
to the doors at unbroken ends of the two
cars, and In a few minutes men and women
were being passed through the broken win
dows to the platform. Some of them were
carried across the tracks to the down
town station. Many persons, bleeding
from slight cut and other trifling In
juries, left the train In this way without
giving their namea to the police.
The firemen worked for over an hour
before they were able to cut the last of
the injured passenger from the car.
Mayor Offer to Mediate.
Mayor George B. McClellan late thl
afternoon reached the conclusion that
transportation conditions had assumed
such a serious aspect that It would be
necessary to bring the two faction to
some speedy agreement. He accordingly
addressed a letter to both the Interborough
company and the Amalgamated association
to this end. In his letter be said:
As mayor of the city sollcltou of the
comfort of Its people and the protection
of ita business interests, I beg to offer
to you my services to act as mediator,
arbitrator or in any capacity In which
I may be instrumental In effecting an ad
justment of the existing differences he.
tween the Interborougn Rapid Transit com
pany and Its employos, so that the com
plete operation of their railroad may be
res u mod at once.
The suggestion which I have made to
act myself Is hut prompted by a desire
to show my willingness to serve. I would,
however, much prefer to invite a number
of disinterested citlsens to undertake trie
tdsk and submit to them this delicate and
patriotic work.
Rear End Collision.
No meeting of the Amalgamated asso
ciation waa held this afternoon and Vice
NINE LEAVE f NIEDRINGHAUS
Rrrak Take Place la Ranks of Can
rna Nominee in Mlaaoarl
Lealsiatare.
alajatat
JEFFERSON CITT, Ho, Much 7.-The
expected break on the senatorial deadlock
came today, when the joint s sMon to. k iti
thirty-ninth ballot, five members changing
from Nledrlnghau to Congressman Rich
ard Rnrtholdt of St. Louis, two to Major
William Warner of Kansaa City and two
voted for R. C. Keren. The ballot resulted:
Cockrell, 78; Nledrlnghau. 67; Kerens, 17;
McKlnley, G; Bartholdt, 6; Warner, 2;
Dyer, 1; L. H. Lewis, 1. Representative
Hoeber, Klea, Smith, Detfeller and Oseen
fort voted for Bartholdt; Moss and land
voted for Warner; Senator reck and Rep
resentative Mooneyham voted for Kerens,
and Representative Walmsley voted for
Lewis of Crawford. Another ballot wa
ordered.
There wa no change on the fortieth bal
lot, except Walmsley voted for Representa
tive J. H. Richardson of Kans.ia City. The
total change from Nledrlnghau Is seven,
since Mooneyham, who voted for Kerens
today, had been voting for McKlnley, and
Keys, who voted for Bartholdt, voted last
week for Judge Moses Whybark.
The defection of nine members of the
legislature who' have been supporting
Thomas K. Nledrlnghau, the republican
caucus nominee for United States sen
ator, today, had a depressing effect upon
the Nledrlnghau men and there was no
caucus tonight as had been planned.
Seven! floor leaders of the republican
stated that In all probability the effort
to break the senatorial deadlock would
be carried to the floors of the joint ses
sions and thnt all plans to agree upon a
compromise candidate In caucus would be
abandoned.
The acquisition of two votes today has
caused tho Kerens men to become more,
confident and they declare that they will
welcome a free-for-all method of settling
the senatorial question.
The democrats held a caucus tonight, but
the scnatorshlp was not considered. It
being understood the democrats will con
tinue to present a solid minority for former
Senator Cockrell. ' -
SUIT AGAINST THE SANTA FE
Taking of Testimony In First of
Kansas Oil Conspiracy Cases
Begins.
TOPEKA, Kan., March 7.-C. C. Cole
man, the attorney general, and Frank B.
Monett, the attorney for the state oil pro
ducers, began taking testimony hero today
In the case brought against the Atchison,
Tope k a & Santa Fe Railroad company In
Chautauqua county. The action against the
railroad company Is based upon the charge
that it is violating the state anti-trust
law. Very little progress waa made.
Cyrus Anderson, secretary of the Slate
Board of Railway Commissioners, the first
witness called, waa required to furnish
copies of the annual reports made last year
by all of the Kansas railroads to the bonrd
of commissioners. Excerpts were taken
from these, showing who the directors of
each company are. No testimony waa
asked on the subject of rates. This will
be brought out who)? the officer of tho
company give their .dtaoaUIcn later in lite
week. Robert Dunlap; attorney general for
the Santa Fe, Is here from Chicago to rep
resent his company,
CHANUTE, Kan., March 7.-The oil pro
ducer are not satisfied by the statement
made by Commissioner Garfield of the
bureau of corporations as to the method
to be pursued in the Standard Oil Investi
gation. The producers have written Con
gressman Campbell and asked him to con
vey to the president that the Investiga
tion take the form of a court of inquiry,
that the hearings be advertised In the
papers and that both sides appear and tell
the story. The producers In their letter
say that this Is the only way In which
an Impartial Investigation can be made.
CAPTAIN KIRKMAN RESIGNS
Will Probably Not Be Allowed to He
, tire from Army withoat
Punishment.
I ,
WASHINGTON. March 7. Captain
George W. Klrkman. Twenty-fifth in
fantry, who is being tried by court mar
tial at Fort Nobrara, Neb., on charge
of scandalous conduct to the prejudice of
good order and military discipline, ha ten
dered hi resignation a an officer of the
army, and the question of Ita acceptance
la under consideration by the president and
the secretary of war.
The court engaged In the trial of Cap
tain Klrkman has taken a recess until
May 10 In order to await the receipt of
certain evidence from the Philippines.
In the meantime additional charge of
a serious character have been preferred
against Captain Klrkman. and it is said
to be unlikely that he will be allowed to
quit the service without punishment.
REINION OF THF. ROI'GH RIDERS
Meetlnr Postponed I'ntll April T at
Request of the President.
WASHINGTON, March 7. It wa an
nounced today that the reunion of the
Rough Riders, President Roosevelt' old
regiment, which had been scheduled to
take place at San Antonio, Texas, on the
31st Instant, had been postponed until
April 7 on the request of the president.
To attend the reunion the president had
Intended to leave Washington on the 27th
Instant, but he said that he probably might
not be able to get away at so early a date.
In accordance with the arrangements ten
tatively made now, he will leave Wash
ington on April 4 or 6.
The president's decision to defer the
date of his departure waa reached be
cause of the doubt as to when the senate
will adjourn the extraordinary session.
ANOTHER CUTIN GRAIN RATES
Illlaal Central Make Hednctloa on
Shipment from Sucker Stat
to Atlantic.
CHICAGO. March 7 Rates on export
corn shipments from points In Illinois have
been reduced nesrly 2 cents per 100 pounds
by the Illinois Central on all grain bound
tor Atlantic ports from thl state via Chi
cago. The new rates go Into effect to
morrow. At a meeting of traffic officials of western
roads held here today the question of ad
Justing the grain rate from Iowa points
wa dlscusred Definite action will be an
nounced aa soon aa an agreement is
reached.
(Continued oa Second Page.)
ANTI-CIGARETTE BILL PASSES
Wisconsin I-ealslature Prohibit tha
Manofaetare r Hale (
"(orBa Jails."
MADISON. Wis., March 7. The legisla
ture today, by a vote of 7 to 1, passed a bill
absolutely prohibiting the sale or manu
facture ot cigarette or ela-arett eaoera.
FENCES ARE TO COME DOWN
District Attorney Baxter Receives Orders
to Begin Action.
CATTLEMEN HAYE H.tD NOTICE ENOUGH
Company of lanat Corp F.xpected to
Re Quartered at Fort Omaha by
the First of April, with
More to Follow.
(From a Staff Correspondent.)
WASHINGTON. March 7.-tSpcclal Tele
gram.) "The fences on the public domain
In Nebraska have got to come down." said
1'nlted States District Attorney Baxter
after an Interview with Attorney Oeneral
Moody.
Judge Baxter arrived in the city last
night and today showed himself a real,
simon-pure westerner by calling upon the
secretary of the Interior, Secretary Taft,
Governor Richards of the general land of
fice, Secretary Hay, the attorney general
and rounding up his day's work by a call
on the president with Senator Millard.
For two years the cattlemen In the west
ern half of Nebraska have been permitted
to retain fences which they had erected
on the theory that to remove theee fences
would work a great hardship and would
put their cattle Into a declining market.
The government, not ' willing to tako
chances of forcing anyone to lose money,
has permltte! tho fences to remain, al
though it has accumulated evidence enough
to provide the district court of Nebraska
with cases to last a whole year, and by
reason of the government's leniency the
cattlemen have grown bolder until a show
down Is demanded. Judge Baxter received
his Instructions today from the attorney
general to proceed, both civilly and crim
inally, against the offender who are vio
lating the public land laws of the United
States. Civil suits will be filed imme
diately after Judgo Baxter's return to Ne
braska asking for mandatory writs to
compel the removal of fences. With these
writs granted the defendants In the case
will be given a certain time In which to
carry out the directions of the court, fall
ing In which the Unite! States marshal
will proceed to remove the fence, the cost
of same being placed on defendants In
suits. The time for dallying has gone by.
Four Hundred Cases.
Colonel Mosby reported upon the offend
er against the public land laws two years
ago and hla report Is being used by the
general land office by two Inspector who
are now In western Nebraska going over
Mnsby'R findings section by section and
verifying what the famous rebel cavalry
man reported. The special agent who has
been actively at work In Nebraska for
some time part has already reported over
400 cases of Illegal fencing, enough to keep
Judge Munger's court at work for some
months to come, unless the fences are
taken down In the meantime.
"I fully appreciate the gravity of the sit
uation," said Judge Baxter, after his Inter
view with law officers of the government,
"pertaining to cattle Interests of the state
and would readily do all thing that will
ease the situation. I feel, however, that
ample opportunity baa been given the cat
tlemen fa . comply with the order of the
Interior department and to adapt them
selves to the situation. In some Instances
it has been reported to me that men wish
ing to enter upon the public domain for
homesteads have been assaulted and driven
away by threats. My purpose Is to see to
It that all persons who desire to enter
upon public lands may1 do so without fear
of molestation and acting under my In
structions I desire to serve notice that I
shall proceed vigorously against every man
who has inclosed the public lands of the
United States Illegally."
Push Work at Fort Omaha.
Senator Millard had an Interview with
Oeneral Greeley today regarding work now
In progress on old Fort Omaha preparing It
for the occupancy of two companies of the
signal corps of the army. General Oreelcy
stated to the senator that the work was
under way, but had been delayed on ac
count of the extreme weather prevailing
during the last month. He said it was the
Intention of the War department to push
the work of rehabilitation of Fort Omaha
aa rapidly as possible and that Major Za
llnskl, who has been especially detailed to
look after the work, would undoubtedly do
everything possible to hasten It habitua
tion. General Greeley hopes to have quarters
ready for one company of the signal corps
by April 1, and quarters for a second
company ready by May 16 or June 1. He
assured Senator Millard that nothing would
be spared to make the butldlrigs.habltable
within the earliest possible time.
Waiting on legislator.
Judge Klnkald,. armed with a new batch
of letters from cattle men In the Sixth
district asking for a modification of the
recent order of the Department ot Agri
culture regarding Inspection of cattle for
feeding purposes, had an interview with
Dr. Salmon of the bureau of animal In
dustry today. It. Salmon admitted that
there were good grounds for protest of
the cattle men, but Said that, in view of
the change being made by western states
regarding quarantine regulations, he
thought It wise the department should not
move until after the legislatures now In
session adjourn, so the department could
be fuly advised as to the existing con
dition in the several atatea.
"My judgment la that concessions will
be mode," said Judge Klnkald. "I am
convinced that the greatest good with the
least Inconvenience to the cattle Interest
of the country will actuate the depart
ment In handling what I recognize to be
an exceedingly Intricate question. I pro
pose during the next term of congress to
join hands with the committee on agri
culture to bring about an Increase of the
number of inspectors, because the lack of
proper inspection, when needed, Is cre
ating sentiment against tne government
which I do not think It deserve. I feel
sure the department will make every rea
sonable concession to the cattle men when
individual cases are brought before them."
Nebraska Lose Two Place,
Max J. Baehr of St. Paul, Neb., one of
the very best consuls In the diplomatic
J service, has been removed, and Robert J.
I Thompson of Illinois appointed to his place
at Cientuegos. Cuba. When the appoint
j ment of Mr. Thompson came to the senate
I yesterday the senator from Nebraska did
I - . , V. a th, Mahrbtkan .
IIOl l. VJfcH' ' - . . . . . - ... - " , j
be removed by this new appointment. This
morning, however, Senatora Millard and
Burkett realised that two consular posi
tion had been swept away from Nebraska
In the twinkling of an eye. In the case of
Joseph J. Langer at Sollngen, Germany,
they recognised that Mr. Langer had re
s'gned, but In the case of Baehr they were
at their wit' end to understand the condi
tion at Cienfuegoa, for It was but short
time ago that Mr. Baehr had requested, a
transfer to a post to which he could take
hla family. Neither of the senators were
Informed of the change contemplated and
NEBRASKA WEATHER FORECAST
d Thursday,
Temperature at Omaha Yesterday
Hoar. Pea. Hour.
5 a . nt . ,
tl
T
M
11
111
11
la
m.
m . ,
ni
T
n
ait
T
:tit
RT
mi
Dec.
as
s
at
Jill
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at
811
ai
FIGHT ON FOR THE OIL LANDS
llelao- American Company aad the
"tnnrinrri Oil Company
Lock Horns,
C1IKYKNNE, Wyo.. March 7.-(8pecl.il
Telegram.) Lobotl l.ohell, American rep
resentatives of the American De Petroles
Du Wyoming. In which Count Keterhasy
and other leading foreigners are stock
holders, which last year purchased Popo
Agio and Salt Creek oil well and lands
In central Wyoming, paying Sl.fjW.Oi'O cash,
and which surveyed a line of railway from
Orin Junction to 1andcr, have arrived
here to demand the survey maps and
right-of-way privileges and start work on
the railroad.
Since the surveys were made powerful
capitalists, said to he of the Standard
Oil company, through the Northwestern
rnllroad. have acquired these survey priv
ileges and are preparing to build through
the oil fields to the Wind River Indian
reservation and head off the Hclgo-Amer-Ican
company, which has already secured
a market for Its oil by an eastern and
southern nutlet over the Burlington rail
road and Colorado Southern at Orln Junc
tion, Wyo. It Is alleged tho surveys and
right-of-way privilege hnve been stolen
by the Standard OH crowd and the Belgo
company Is preparing to battle In the
courts. Agents of the Standard company
are buying up oil landa In the vicinity of
the proposed extension of the Northwest
ern west of Casper and It Is now a fight
to a finish for possession of the rich Wy
oming oil fields. The Rothschilds are
said to be hack of the Belgo company and
will down the Standard Oil trust If possible.
COLORADO ARGUMENT IS ENDED
Members ot Legislature Can Tell
What They Think ot F.lec
tlon Contest.
DENVER, March 7. Argument by attor
ney In the gubernatorial contest was con
cluded today. Beginning tomorrow the
mpmbers of the general assembly will dis
cuss the contest under a rule limiting
speeches to ten minutes to each of the
ninety-seven membera.
The assembly will not take a vote on the
contest until tho report of the committee
appointed to Investigate Senator Morgan's
bribery charges has been made.
Tho committee appointed by the Joint
assembly to Investigate charges of bribery
mndo by Senator Richard W. Morgan
against Vice President and General Man
ager Herbert of the Colorado Southern and
Postmaster Daniel Sullivan of Cripple
Creek, whom he accused at yesterday'
meeting of the joint assembly of offering
him 11,600 to vote In favor of Governor
Adams in the gubernatorial contest, half
of which sum he sold was palt In cash,
began hearing testimony tonight In secret
session. Senator Margin was called to
the stand, and every one except the com
mittee and the witness, Including the de
fendants, were excluded from the room.
Not only were tho defendants kept out of
tho committee room, but they were de
tained In an adjoining room set apart for
witnesses and no one wns permitted to
see or talk with them except the officer
who had them In charge.
FIND WAN WANTED IN OMAHA
MorrU Buss, Accused of Veins; Mnlls
to Defraud, Is Arrested at
Cincinnati,
CINCINNATI. March 7. Morris Bass,
who Is wanted at Omahn, Neb., charged
with operating a fraudulent scheme through
the malls, was arrested by Postmaster In
spector Holmes here tonight. The method
employed by Bass, according to Inspector
Holmes, wa to order extensive quantities
of goods In the name of the National
Clothing store, represented to be owned by
Hymnn Goldstein, a business man of
Omaha, store the goods In a vacant build
ing and later dispose of It. It Is alleged
that Rasa secured several hundred dollars
In thl manner. Baaa will have a hearing
before United State Commissioner Adler
tomorrow.
Hyman Goldstein is the proprietor of a
pawnshop at 1315 Dofegla street.
(Continued on Sixth Page )
BANQUET F0RTHE PRESIDENT
Friendly Son of It. Patrick of New
York Will Entertain the
Chief Kaecutlve.
NEW YORK, March 7,-Arrangernenta
for the entertainment of .President Roose
velt at their annual dinner by the Friendly
Son of St. Patrick, March 17, have been
concluded.
The dinner will begin at 7 o'clock. The
president will be escorted to Delmorilco's
from the home of his brother-in-law by
the Sixty-ninth regiment, under command
of Colonel Edward Duffy. There will be
600 cover laid and over 2,000 request have
been refused.
President Roosevelt will make an ad
dress and there will be speeches by Jus
tice James Fitzgerald of the society. Con
gressman William Bourk Cockran, Jus
tice Martin J. Keogh and Corporation Coun
sel John J. Delaney.
C0MERF0RD GETS HEARING
Member of Illinois .eglalatare Pre
eat HI Krldeaee of Correp
tloa to fjraad Jury.
SPRINGFIELD. III.. March 7.-The grand
jury of Sangamon onunty today com
menced an Investigation of the charges
of bribery and corruption made against
members of the legislature by former Rep
resentative Frank D. Comerford of Chi
cago. Comerford was before the Jury an
hour.
Movements of Oeeaa Vessel March T.
At New York Sailed: Princess Victoria
Ioulse, for Havana; Kaiser Wllhelrn der
Gross., for Bremen; Carpathla, for Naples;
Victorian, for Liverpool.
At Movllle Arrived: Furnessla, from
At Naples-Bailed: Calabria, for New
York.
At Ponta Del Gada Sailed: Cretlc. for
New Vork.
At Bremen Arrived: IJarbarossa, from
New Vork.
At It. -Mouth Arrived: Moltke, from New
York.
At Dover Arrived: Vaderland, from
New York.
At Gibraltar Arrived: Republic, from
SOME SEEING LIGHT
Eyes of Legislators Being Opened en
Terminal Taxation Question.
WINDHAM IS l-LINED TOWARD BILL
Objections to Formet Measures' Overcome in
the Fresebt One.
NO INJURY TO RtMAINDER OF STATE
Other Members Talking iu the Bnme Btrala
on the Bnbjoct.
HOLDRtGE SENDS LITTER TO MEMBERS
Makea Specious Argament Why Rata
Should t II Reduced oa
Local Freight la !Se-braska.
(From a Stait correspondent.)
LINCOLN, Mutch 1. (Spei'ial Telegram.
"i am inclined to luvor the bill."
Tins is w hat itcpicM iiUltvo w uldham ui
Cass said worn askeu uuout Ins uuliude
toward terminal taxation tor laimaua aa
contemplated In it. k. M by Ciame vt
Douglas and as tiiili-liK.d tor by Omaha
people ror yeais. Mr. liidlmm adilcii:
"1 have not arrived at una! conclusion lit
this matter, but am convinced that the
time has come lur ua to address ourselves
seriously to this proisjsltlon, and lor my
part 1 am going Into the mutter thor
oughly and from an Impartial standpoint.
It sceina to me that the prim objection,
heretofore urged against this proposition,
namely, that a terminal tax on railroad
for city purposes will deprive country dis
tricts of part of their taxes, has been sue
cesstully met."
Omaha member who have learned ot
Mr. Windham friendliness to thl bill ara
greatly encouraged, a he Is one of Hi
mos. Influential members of the legislature
and possessing a hold upon the conviction
and confidence ot colleague, being among
the most effective debaters that any recent
legislature has seen, his attitude for the
bill, they feci. Is bound to facilitate it
progress and aid In carrying conviction to
the minds of other member.
But there are other leading members ot
the houso and senate who have yielded to
tho same conviction aa Mr. Windham
that It Is time the legislators of Nebraska
were looking upon the serious side of the
matter of terminal taxation, The fact,
which has been so Impressively pointed
out, thnt this proposition Involves the wel
fare of every Incorporated city and village
In the state of Nebraska and not only
Omaha, is having great weight, and with
fair minded men la displacing that fallacy
upon which the railroads have so largely
depended, that Omaha and Omaha alone
will reap the benefit and the other part
of the state will suffer from the passage of
such a law.
"I think thl objection ha been over
come and this argument fulrly and ably
met," say Mr. -Windham in hi Interview.
And he admitted that thin wag the chief
objection to this whole proposition.
Other Not o Willing; to gee.
Rut the railroads have , not ceased their
efforts to Inflame the passion and preju
dices of the country members with the old
hum-drum argument that they will be
tho sufferers It such a law Is enacted. The
fact that Omaha get only 26,flC7.fi from
the whole amount of taxes paid In the en
tire state by the railroads and telegraph
companies for city purposes, while the
other Incorporated cltle and village are
deriving t',8,7! 9.17 has been fully exploited
and held up before the very nose of the
legislators and yet the railroads proceed
to confuse those willing to be confused
by this argument of theirs. The desperate
fight being made by Die railroads and tha
gradual tendency of country member to
face this proposition a Representative
Windham says he Is facing It lend much
encouragement and hope to the Dougla
county members who are making a fight
for terminal taxation. The Douglas county
men are encountering the samt disappoint
ment which the private i tlr.cn of Omaha
who two years ago fought fjt this propo
sition encountered and that la the opposi
tion or at least apathy of the Lincoln mem
bers. Naturally, since Lincoln 1 a vitally
affected as Omaha It had been hoped that
the members from this city would lend
their ad In the promotion of the bill, but
Instead they are either pulling back or
simply lying down.
Iloldrege Mends Letter,
The railroads have fairly com under the
limelight In the legislature, not only on
terminal taxation matters, but on freight
rates and other less Important subjects.
While no rate bill ho yet been passed or
tven recommended for passage, the higher
authorities of the roads are not allowing
grass to grow under their feet, nor taking
anything for granted. George W. Holdrege,
general manager of the B. A M. road, ha
Indicted a letter to member of th legis
lature, appealing to them at length and In
forcible terms, not to enact any rate laws;
urging them to believe that rate regulation
does not He within tho provlnoe of legisla
tive authority. To substantiate this assor
that he points to the history of "past year
relative to state legislation afTeotlng rail
roads," which, he saya, "offer safer ad
vice than that frequently volunteered by
those who are In no way legitimately In
terested on either side of these problems."
Referring to the meeting of the railroad
committee of the house the night of Feb
ruary 8, which he and other high officials
of his and other companies attended, Mr.
Holdrege points out that these proposition
were explained:
First That prices paid In Nebraska for
grain and live stock averaged substantially
ss high as In central and western Iowa.
Comparative figures that may he rellsd
upon have been given to the railroad oom
mlttees by Mr. I. O. Ives, the general
freight agent of thl company, illustrating
this fact.
Second That rates upon other important
heavy commodities are lower per ton per
mile In most inslsnces from source of pro
duction to Nebraska point than upon th
shorter hauls to points In other states.
Third That all Nebraska local rate are
not. In accordance with the null general
Impression, upon a higher basis than In
Iowa, but that in many Instances upon
commodities of Importance to our rltlieris
the rates are aa low and sometimes lower
th in In Iowa.
Fourth That th articles for state eon
sumption, upon which higher rate sr
paid, are generally of such a nature thHt
the prices are not affected by the ratea
and would be no lower if the rates should
be reduced by this state legislature.
Cite f oe rt Ileelstoa,
Fifth That th supreme court of the
Vnlted States. In Its decision upon the Nr.
braeka maximum rate cases. r'iilie that,
In considering the measure of ti.e reason
ableness of a local frHght schedule, all
Interstate truffle must be eliminated, ami
thst ri(s within state liounriarles csnnoi
be reduced by law below a compensatory
basis.
It can be safely asserted that no railroad
In the state of NelnsNka mn be sustained
at Its present condition of efficiency and
give the local service now rendered or ex
pected, defending exclusively on local tat
t runic at the present rates, i.nd that iliei
r1
J