Carpenter's Panama Letters,
Next Sunday's Bee.
The Omaha Daily Bee.
Pranks of
Next Sunday's Bee
ESTABLISHED JUNE 19, 1871.
OMAIIA, FRIDAY MOUSING, MAKCII 10, 1905 TEN PAGES.
SINGLE COPV THREE CENTS.
ARMY
SLAV
IS GUT OFF
Export from New Chwang 8a7 Kouro
patkin Must Surrender in a Week.
NOGI'S DIVISION MAKES FORCED MARCH
Veterani from fort Arthn Surround
Eighty Thousand Muacent-.
ISLANDERS CUT ROAD NORTH C UKDEN
Buisiam Now Paoe Enemy on Tho Bides
of the Town.
LITTLE NEWS REACHES ST. PETERSBURG
ViiroTilc Capital la Pre pared for the
Wont, bat Still Hopes that
Armr May Escape
AnntbllattoB.
BIULET1.
NEW CHWANG. March .-Via Tien
Tsln.) It la reported here that Tie Pas
haa been Invented by the Japanese and that
General Kouropatkln, bavins no alternative,
will probable be forced to surrender within
a week. v
The Russians have not been reinforced
from the direction of Harbin since March 1.
General Nogl's army mado a forced mnrch
of twenty-five miles daily and acting lr
conjunction with General Oku's army sur
rounded SO, 000 Russians In the direction
Of Tie Pass and cut off their supplies.
The) hurrying Japanese armies passed a
division of Russians without giving It any
attention until the enveloping movement
was completed when tbey crushlngly at
tacked the Russians on all aides.
BULLETIN.
TOKIO. March . (4 p. m.)-The Japa
nese have cut the railway north of Mukden.
Japs Reach Haa Itlver.
MUKDEN, March . Noon. The Japa
nese army bombarded the bridge at Fu
pass on the Hun river twelve miles east
of Mukden. Russian artillery replied vig
orously. The cannonade lasted an hour.
At present the Japanese are making roost
energetic attacks south of the Hun river.
It is rumored that they have transfeired
thlthor some of their forces from the north
w In anticipation of a night attack.
Russian forces In the district of
I-. ...die, north of the Mukden station,
re. - under arms throughout tho night.
Bhoi tiy before dawn large Japanese farce
approached the Zarultser regiment. This
reBlmoaUnlUwea. ihe-Japsncse to approach
within 300 pace and then discharged a vol
ley from their rifles and opened on them
with quick-fire guns, simply mowing down
the Japanese, who were repulsed.
Among the prisoners brought In on
Wednesday were a number of privates In
new uniforms, who were from a ,recently
organized Japanese reserve division. There
is reason to believe that another division
lii .'being landed In the northern part of
tinea for the purpose of making a demon-
. ration against Vladivostok. On Wednes
day tnero were furious attacks northwest
of Mukden against the villages of Santaltse,
Yungshlhtung and Unshuntun. These at
tacks were all repulsed.
Question of Endurance.
1 a. m. Midnight closed the tenth luy
or me .iiiihu struggle iur me possession
of Mukden and the mastery of a vast em
pire, ths tenth day of unceasing conflict
under exploding shrapnel, the roar of can
non and the whistling of bullets; the tenth
day without sleep and without food. The
oombat la fast reaching a point where It
la a question not so much of turning col
j twill, of tactics and of strategy a of
"wbon strength, energy and cartridges will
last tna longer.
Gray-coated Russians, patient, uncom
plaining, strong of soul, clung doggedly to
positions against an enemy whose attacks
go to the very point of insanity and des
peration. For forty-eight hours the Japa
nese hare not eaten. They are starving
and exhausted, but Field Marshal Oyama
himself has told them that the city will fall
said the slaughter stop on Friday and their
onufldenoe In their leader Increased their
Strength tenfold.
Today the Japanese are pushing their
columns north and northeast, bombarding
Villages which are keys of the defense and
. burling men, some of them veterans of
the year's campaign, and others middle
aged reserves freer! from Japan, against
Russian positions. Often they are repulsed
and sometimes they muster the advanced
line, but at enormous cost.
Japanese Celebrate Victory.
TOKIO, March I. Although the actual
extent of the success gained by Field Mar
shal Oyama a array la unknown, Toklo Is
already celebratinr the victory. Flags are
going up all over the city and crowds are
on the streets, eagerly buying ' the extra
editions of the local papers unl congratu
lations are pouring Into the office of the
minister of war and to the army stuff
headquarter.
It is rumored that General Kouropatkln's
retreat has been partly cut off, insuring
heavy loss of supplies und the capture of
many prlsonors, but this it Is impossible to
confirm. ...
An official announcement of the result
of Field Marshal Oyama's pursuit of the
Russians Is expected here later In the day,
Field Marshal Oyama, in an order direct
ing the pursuit of the retreating Russians
yesterday, prohibited his' troops from en
tering Mukden In masses. In order to pre
serve tha respect of the tombs and sacred
places of the Imperial Chinese household
and to protect the welfare of the Inhab
Hants. .
Report from Headquarters.
' in. tTV Thft hi.Aftriiinrfi.rB nf th Tana.
ness .armies In the held reported today as
follows:
In the Slinking (Yedden) direction our
force, after defeating the enemy at Man
human, la still pursuing him iu the Shakue
river direction. r.-at of the railroad, the
enemy showing signs of retreat, our whole
line opened a geeiiial attack iro:n midnight
March 7. and dislodged the enemy from
his positions, pressing his force toward
th. Hun river.
The whole district west of the railroad
ami south of the Hun rivet is In our
lianas.
On the right bank of the Hun liver the
operations continue.
The enemy in the neighborhood of Yung
Hhltunx uml Llkuaniio still makes a -Hub-bum
reuintuniB. The em-iny haa made
several counter attacka, but we repulsed
thorn, Inflicting heavy loss. i)ur force Is
nuw presHlng the enemy toward Mukden.
la the district north of Mukden, despite
SUMMARY OF WAR SITUATION
General Koaropatkln's Army Is la
Critical Position o Direct
Hews for Several Hoars.
Mukden at noon yesterday was still oc
cupied by the Russians. Fu pass, twelve
miles to the eastward and on the Hun
river, a vital point for Oeneral Kouropat
kln In the retreat of his eastern wing, was
bombarded by the Japanese for one hour
early In the day, Russian artillery replying
vigorously. The outcome at this point
seems to be In doubt. A windstorm of
hurricane fury was In progress during the
day. No reports from the commander-in-chief
later than Wednesday have been
given out at 8t. Petersburg.
Associated Press dispatches from Mukden
Indicate that considerable Japanese forces
are well north of the city of Mukden and
that the railway upon which depends so
much for the Russian army is seriously
threatened, If Indeed It Is not already cut.
SENATOR BATE PASSES AWAY
Tennesseran Dies at Washington as
Resnlt of Illness Contracted
March 4.
WASHINGTON, March 9.-Unlted States
Senator William B. Rate of Tennessee, twice
governor of his state, a veteran of both
the Mexican and civil ware, rising from
private to major general In the latter, and
for eighteen years a conspicuous member
of the upper house of congress, died at his
hotel apartments In thin city today. He
was 78 years old. Death was due to
pneumonia and defective heart.
Senator Bate attended the Inaugural
ceremonies on March 4, and his death Is
believed to be due primarily to exposure
on that occasion. He suffered a slight chill
on that day. He, however, continued his
official duties and occupied his seat In the
senate last Tuesday. 1 He became suddenly
111 at the dinner table that evening and
immediately called for a physician. He was
put to bed and his condition was recognized
as serious. Despite the efforts of his physi
cian he became steadily worse and all hope
for his recovery was given up yesterday.
Senator Bate was entirely conscious until
his death and realizing that the end was
near asked that He be buried at his 'old
home In Nashville.
Beside the widow, two daughters, Mrs.
Thomas F. Masten, of Tennessee, and Mrs.
Childs of Los Angeles, survive the senator.
A brother, Captain Bate of Tennessee, and
a sister Mrs. Harris of California, were
sent for but were unable to reach here
before his death.
Senator Bate's remains will be taken to
his old home at Nashville and will be
Interred in the Mount Olive cemetery there.
An official funeral will be held In the
senate' chamber tomorrow at 2 o'clock and
the remains of the late senator will be
taken to Tennessee tomorrow evening.
COMMITTEE PAYORS THE TREATY
By Strict P.artr Vote Santo Domlnio
Agreement Is Reported.
WASHINGTON, March 9.-The senate'
committee on foreign relations 'today
agreed to report favorably the Santo Do
mingo treaty as amended. The vote was
on party lines, every republican voting for
the treaty and every democrat voting
against It. All. members ofJhei,-Cqmmlttes
were present and the vote stood:
For the treaty Cullom, Fry. Lodge,
Clark (Wyo.), Foraker, Spooner, and Kean.
Against the treaty Morgan, Bacon,
Money, Clark (Mont.) and McCreary.
There is one vacancy on the committee,
caused by the election of Senator Fair
banks to the vice presidency.
All of the amendments heretofore agreed
upon were formally adopted and one addi
tional amendment, which was offered today
was accepted. The latter was one' of
phraseology merely. It changes the last
clause of article vli, in which It is de
clared that the present tariff and port
duties may not be reduced except with
the consent of the president of the United
States, so long as tha whole of the debt
which the United States government takes
charge of shall not have been completely
paid. In the original protocol the Domini
can government, was prohibited from In
creasing Its export duties of Its public
debt without like consent of this govern
ment. That provision has been amended
to read as follows:
"Said export duties or Its public debt
shall not be increased without the consent
of the president of the United States."
SHORT SESSION OF THE SENATE
Committee Appointed to Arrange for
Funeral Of Senator Bate.
WASHINGTON, March 9. After a ses
sion of seven minutes the senate adjourned
at 12:07 p. m. today out of respect to the.
memory of the late Senator Bate.
Mr. Gorman presented the usual resolu
tions of regret nt Senator Bute's death.
These resolutions also directed the appoint
ment of a committee of twelve senators to
make preparations for the deceased sena
tor's funeral In tha senate chamber at
2 p. m. tomorrow, authorised the extension
of Invitations to the president, the mem
bers of his cabinet, the supreme court of
the United States, the diplomatic corps,
the ranking officers of the navy and the
army and the house of representatives,
and directed the aergeant-at-arms to escort
the lematns to Senator Bate's former home
at Nashville, Tenn., for Interment.
On motion of Mr. Mallory the senate
then adjourned as a further mark of respect.
KIRKMAX BUST ST AMD TRIAL
Secretary Taft Declines to Accept the
Heslanatloa of Army Officer.
WASHINGTON, March 9.-Secretary Taft
hns declined to accept the resignation of
Captain Klrkman. now under trial by court
martial at Fort Niobrara, Neb., on charges
of scandalous conduct. The court has taken
a recess until May 10 to await the arrival
of certain evidence from the Philippines.
Additional charges of a serious nature have
been filed at the department against Cap
tain Klrkman and these will be referred
to the present court for consideration.
Coatluued ea Beooad Page
NEW ORDER MEANS BOYCOTT
Oil Producers Iadlaraaat at Actloa
of Prairie Oil and Gas
Company,
CHANUTE, Kan.. March 9. The order
of the Prairie Oil and Gas company to run
no more oil below 30 degrees, which prac
tically means i re::cw' of the boycott of
the Kansas Held, will, It Is believed, re
suit disastrously to those Individuals and
companies which, figuring in a return of
full buying and better operations, had re
sumed operations. E. C. Martin, one of the
largest producers In the field, said: "It
is another act of defiance. It la another
effort to crowd the Kansiyi producer to the
wall. It will bring Independent refineries
here and make a market for fuel oil."
W. E. Connelly, a member of the ad
visory board of the Kansas Oil Producers'
association, said the order was only an
other move on the part of. the Standard
to show Its contempt fur the Kansas op
erator
SUBWAY STRIKE IS OYER
National Officers of Union Order Men Back
to Their Posts.
SAY STRIKERS VIOLATED CONTRACTS
Local Officials Say Flsjht Will Be
Kept I P. lint Men Arc Return
ing and Service Is Nearly
Normal.
NEW YORK, March 9. The most In
teresting development In the subway and
elevated strike situation In New York to
day was the stand taken by some of the
labor leaders In repudiating the action of
the local leaders, who ordered and are
comhictlng the strike.
The' first Intimation the public had the
strike was not endorsed by the national
unions came In a statement from Grand
Chief Warren 8. Stone of the Brotherhood
of Locomotive Engineers, to which the
motormen belong. Mr. Stone Insisted that
the strike was a violation of the laws
of the national union, the men having
broken their contract with the Interborough
company. He ordered the men to report
for duty, falling which expulsion from the
organization is threatened.
W. D. Mahon, president of the Amalga
mated Association of Street and Electric
Railway Employes of America issued a
statement tonight similar in tenor to that
issued by Warren S. Stone. President
Mahon says the strike was not authorized
by the national body and that the strikers
must go back to work.
Chief Stone's Statement.
The following statement was Issued by
Grand Chief Stone of the Brotherhood of
Locomotive Engineers:
The Brotherhood of Locomotive Engi
neers has no differences between its organ
ization und the Interborough company at
the presen time that could not have been
adjusted In the proper manner.
The present strike now going on by men
claiming to represent the Brotherhood of
Locomotive Engineers la in direct violation
of our laws. It is not recognized, nor will
it be supported by our organisation. The
contract entered Into September, 1D04, be
tween the Interborough company and the
Brotherhood of Locomotive Engineers we
recognize to be as binding today as it was
when signed, and loyal members of the
Brotherhood of Locomotive Engineers are
instructed to at once report for duty and
comply with the terms of the agreement.
Members refusing to do so will be expelled
Irom membership in our organization.
It has been reported to me that many of
our members have been misled by state
ments that the grand officers had given
consent to this strike. This is not correct,
no request was made nor granted,, nor
were the officers of the Brotherhood of
Locomotive Engineers consulted lr. the
present situation.
This Is the first time In the history of
the Brotherhood of Locomotivo Engineers
that our members have repudiated their
agreement with any railroad.
Labor organizations must keep their part
of tho agreements Inviolate If hey expect
to succeed. Had our laws Deen compiled
with conditions us they now aoDear could
not exist on the lines of the Interborough
company.
Say Strike Will Continue.
The Amalgamated Association of Street
and Electric Railway Employes and the
Brotherhood of Locomotive Engineers have
Issued a Joint statement at strike head
quarters in which they declare that War
ren S. Stone did not Issue any statement
to them this afternoon ordering; them to
return to work and declaring the national
body not In sympathy with their strike.
The statement continues that the strike
has Just begun, that the men will tight to
the bitter end and that they are confident
of vlnnlr..;.
William L. Jencks, head of the local
Brotherhood of Locomotive Engineers, de
clared that he did not recognize Mr. Stone's
statement as having any Influence upon him
or upon the strike. He sold:
Mr. Stone cannot dictate to me. Shall he
tell us whether we shall have supper or
not? The men were ordered out, are out
and will stay out until the strlkn In wnn
Things are going beautifully, and prospects
won never uiiguier tor us since tne strike
was begun.
Jencks made this statement In a midst
of a group of strikers, who cheered him
loudly when they heard his words.
Timothy Healy, president of the Interna
tional Brotherhood of Stationary Firemen,
when asked whether he would call out the
members of his organization, replied: "No,
I'm not going to call them out."
"Have you been asked by Mr. Pepper or
Mr. Jencks or anybody else to call them
out?" was asked.
"If Mr. Pepper asked me to call out the
firemen," replied Mr. Healy, "I would not
do so. I would not recognize Mr. Pepper's
power to make any such request. Before I
would call but the men I would have to be
asked to do so by President Mahon. Mr.
Mahon has not asked me to do so."
Harry Johnson, secretary of the local
union of Locomotive Engineers, in an In
terview, supported Mr. Jencks, saying the
men would not go back to work until they
had won their point, the local union hav
ing sufficient money to carry on the strike
without aid from the national union. So
far, he said, none of the strikers had de
serted, while .dozens of the strike breakers
had quit and had been sent home by the
local union.
Mca Returning- to Work.
Notwithstanding the efforts of the local
leaders there were indications around strike
headquarters that at least some of the
men were ready to give up the fight against
the company. Those who from the start
were opposed to the strike find the action
of the national leaders an excellent excuse
to return to their posts. Early this even
ing some ot the old subway motormen
were found In charge of their regular trains
and admitted that they had taken Mr.
Stone's advice. The service In the subway
tonight was almost perfect, the local trains
being run during the rush hours on sched
ule time, while the express trains main
tained a three-minute headway. At no
time was there anything resembling a
congestion, the usual home-going crowds
being bundled without accident. On some
of the lines service was not so good, this,
however, being -due to the fact that the
company had decided to first perfect the
running of trains In the subway.
Tomorrow It expects to bring the elevated
service up to the regular standard.
Messrs. Stone and W. B. Hurley left for
Cleveland tonight. As they were leaving
Mr. Stone said: "The strike Is virtually
over. We have accompallshed our mission
and are going horns well satisfied."
Attempt to Wreck Train.
Hugh R. Grace, who admitted that he
was a striker, was arrested tonight,
charged with maliciously putting the emer
gency brake on an elevated train on the
curse of One Hundred and Tenth street.
The train was brought to a stop so suddenly
that many of the passengers were thrown
from their seats.
By a narrow margin a rear end collision
right at the structure's greatest height was
averted by the nervs of the motorman of
the train following.
BEE ADS 11 DISPENSABLE.
OMAHA. Neb.. March 8, 1005.
Bee Publishing. Company, City:
Dear Firs We are triad to furnish
you an opinion on Bee advertising.
We have been liberal users of
space In The Bee want columns for
several years and find, by experi
ence, that It Is a splendid invest
ment. We have a largre mall order busi
ness, through which we have an
opportunity to iearn the value of
advertising nnd also to trace our
results, and we flud The Bee in
dispensable to our infill order, as
will as our local, business. Yours
truly,
THE GOLDMAN PLEATING CO.,
' 100 South lGth St.
EVIDENCE OF DISCRIMINATION
Kansas Roads Made Xcw Role Caus
ing Trooble for Independent
Oil Retlaerles.
TOPEKA, Kan., March 9. In the deposi
tions taken today In the cose brought
against the Atchison, Topeka & Santa Fe
railroad It developed that all of the Kansas
railroads in the transmlssourl freight
bureau changed their classification and
tariff sheets about the time the Kansas
oil field began to give promise of becoming
of Importance.
By the change which was made the only
petroleum which would be secured for
transportation In tank cars was that des
tined to a "consignee who possessed storage
facilities for the oil after It reached Its
destination." This order nearly prohibited
independent refiners from distributing their
oil, as they were unable to. erect storage
tanks In oil of the towns to which they
shlpied oil.
"It has been the custom of the Standard
Oil company," said Frank S. Monnett,
during the discussion today, "to have this
rule adopted by the railroads In which It
owns an Interest, Just as soon as It is
evident that independent refineries are
getting a foothold in the flald. It Is the
same method that has been used by the
company lit destroying competition in east
ern fields. The companies will accept de
murrage on any other class of freight than
oil. Usually an independent refiner ships
his oil to a small town In his own tank
car, has the car switched to a sidetrack
and unloads and sells from his wagons
until the car is emptyi This rule, which
it developed that all of the western roads
adopted would prevent that and the Stand
ard could have to Itself every town In
which the Independent man did not want
to erect a tank."
The railroads in the transmlssourl freight
bureau are the Missouri Pacific, the Mis
souri, Kansas & Texas and the Atchison,
Topeka St. Santa Fc, all of which operate
In the Kansas field. ,
Attorney Monnett . Introduced a letter,
purporting to come -from a former em
ploye of the Standard Oil company at
Joplin, Mo. The missive alleges that on
the completion of the Standard Oil com
pany's pipe line an agreement was entered
Into between the Stamlji-d adthe Bantu
Pe. the Missouri PscMs and i'he Missouri.
Kansas & Texas and posKtbly other rail
roads whereby the tariff for transportation
of oil over these lines should be placed nt
an exhorbltant and prohibitive figure. The
railways were to profit from this trans
action through distribution among the rail
ways of 10 cents on every barrel of oil
run through the Standard's pipe line. This
made It impossible for all the Independent
companies to ship crude oil and liad th
effect of eliminating competition to tho
Standard Oil company. Tho theory is that
the Standard made the producer stand this
expense by raising the price of crude
petroleum a corresponding amount. Further
depositions In this case will be taken at
Independence, Kan., Friday. The hearing
will be resumed In Topeka Monday.
FORESTRY BUILDING COMPLETE
Vnlqne Structure at Portland Con
structed of I'ndressed Lot
la Now Finished.
PORTLAND, Ore., March 9. The Fores
try building, the most admired building on
the Lewis and Clarke exposition grounds,
and which is said to be one of the most
unique structures In the world, has been
completed. The building Is constructed of
logs of Immense proportions and bearing
the mother bark. Ninety-two giants of the
forest, many of them over six feet In dia
meter, support the great roof of this won
derful exhibition palace.
There are in the building two miles of
five and six-feet fir logs, eight miles of
poles, 43,000 fir shakes, 30,000 fir bark shin
gles. The largest log is seven feet nlns
Inches through, and to raise It in place
112-horse power was required.
MAY DECLARE OFFICE VACANT
Contest for Colorado Gornrnorship Takes a
New Turn.
Ko Change la Missouri.
JEFFKHSON CITY. Mo.. March .
There was no adldUonal break in the vote
for I'nlted States senator on tha forty
second ballot, taken today. The vote re
sulted: Cockrell, 76; Niedrlnghaiis, 17;
Kerens, IS; Itartholdt, t; Warner, 2; Ityer!
1: Lyons, i: McKlnley. 1. Total, lm vui.i!
necessary to a choice, 14
6
Big Illustrated
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Sherlock Holmes Mystery
The adventure of the Priory
School with its strange ending.
Pablo Domenech, a story
By CARMEN SYLVA, the bril
liant Queen of Houmanla..
Why Does Baby Gry?
The answer also tells how to stop
the needless crying.
Strangest Battle In History
Fight at Karo La, on road to
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Divorces Among Actresses
Where threw and four times di
vorced Is not uncommon.
Buster Brown and Tlge
I'k'ture story of the precocious
youngster and bis pet.
ALEXANDER AMENDS MINORITY REPORT
Resolution la Adopted Asking; su
preme Court What Mill Be
the Effect of Bach
Actloa.
DENVER, March 9. The Joint executive
convention has sotvght an opinion from the
state supreme court on the question of
whether it has the power to declare the
office of governor vacant and what the ef
fect of such action would be, and tho de
cision of the Peabody-Adams gubernatorial
contest will be deferred until the court's
answer Is received.
Mr. Alexander, a member of the commit
tee, was allowed today to amend his
amendment In favor of seating Lieutenant
Governor McDonald In such a way that if
It should be adopted by the Joint conven
tion Governor Adams would be legislated
out of office.
Alexaader Amends Report.
Alexander's amended report declares that
there was no legal election for the office of
governor held in the state last November,
but the resolution declaring Lieutenant
Governor McDonald "duly qualified gov
ernor of the state" Is omitted and the fol
lowing substituted:
Resolved, That the action of the Joint as
sembly In declaring Alva Adams duly
elected governor be hereby rescinded and
revoked and that a vacancy be declared In
the office of governor.
Under the. constitution the Alexander
resolution would stem to have the effect of
continuing former Governor James H. Tea
body In office, his legal successor having
not been elected. That question, however,
would be submitted to the supreme court
for adjudication before a vote is taken on
any of the reports before the Joint as
sembly. In the meantime the allegations of
Ber.ator Richard W. Morgan, In regard to
the bribery will be held In abeyance.
The committee which has charge of the
investigation of this matter held a brief
meeting this afternoon after the session of
the Joint convention. Senator Arthur Corn
forth, chairman, announced that an ad
journment had been taken subject to tho
call of the chairman, or practically until
the governorship tangle has been straight
ened out.
As soon as the Joint convention met this
afternoon Senator Alexander asked consent
to amend his report, and he read the report
as he wished it amended. This came like
a thunderclap to the democrats, and they
ask-d for and obtained a recess of fifteen
minutes for consideration of the matter.
After the recess objection was made to
allowing Senator Alexander to amend his
report In the manner Indicated. However,
the amendment was allowed by a vote of
64 to 32, one republican voting with the
democrats in the negative.
Supreme Court Asked for Opinion.
Senator L. G. Campbell, a republican, at
once submitted a resolution to submit to
the supreme court the questions of the
right of the Joint assembly to adopt the
Alexander rtpurt and if. It"-should 'be
adopted what Its effect would be, especially
who would then be governor of Colorado.
This resolution was adopted and the Joint
assembly took a fecess until tomorrow
morning.
At the forenoon session of the Joint as
sembly B. J. O'Connell criticised the re
publican majority of the bribery Investi
gating, committee, of which he Is a minor
ity member, for not proceeding promptly
with the investigation of the charges made
by Senator Morgan and for adopting star
chamber methods. Senator Arthur Corn-
forth, chairman of the committee, explained
Its delay by saying that the republican
members wanted to attend a caucus and
the sessions of the joint convention and
defended Its course in holding secret ses
sions. An amendment by O Connell to In
struct the committee to proceed immedi
ately with the investigation of Morgan's
charges was declared out of order, because
the question of adopting the majority re
port of the contest committee was before
the house.
Mr. Herbert Is Indignant.
James A. Herbert, president of the Colo
rado & Southern railroad. Is indignant at
the action of the legislature bribery in
vestigating committee In falling to hear
his witnesses and report promptly to the
general assembly concerning the charges
made by Senator Richard W. Morgan.
Twenty-five witnesses for Mr. Herbert
were waiting to be heard last night, when
Senator Arthur Cornforth, chairman of the
committee, informed the other members
that the meeting would be postponed until
this evening. "Every publicity Is given
the charges against us," said Mr. Herbert,
"but when jve appear to defend our serv
ices we are not allowed to face our ac
cusers, and everything that we have to
offer in defense Is kept by the committee
as much a secret as possible."
NEBRASKA WEATHER FORECAST
Partly Cloudy Friday, with Rain or
Snow In Southwest Portion. Satnr
day Fair aad Warmer.
CORRUPTION IN CONNECTICUT
Minister Tells Judiciary Committee
Money Was TL'aed In Many Towns
During- Recent Campaign.
HARTFORD, Conn., March 9. Rev. New
man Smyth, D. D., of New Haven, who
appeared today before the Judiciary com
mittee of the general assembly In support
of a corrupt practice bill, Informed the
committee that after careful Investigation
he had found that in the last convention
"money met money at the caucuses at con
siderably more than 100 of the 1C8 towns of
the state."
He figured that the total sum used might
have reached $150,000. Notwithstanding, he
said, the notorious use of money and other
valuable considerations In the last cam
paign, "not a single stroke of prosecuting
pen has been mode nor a fine Imposed, not
a Jail door has swung open to receive a
single political robber of Connecticut."
One prominent candidate Dr. Smyth de
clared had not seen proper to comply with
the law which requires all candidates, in
cluding those for United States senator, to
make a sworn statement of contributions.
He Intimated that such evidence as was at
hand might be laid at the door of ths
judiciary committee of the United States
senate.
Temperature at Omaha Yesterday!
Hour. Dear. Hour, Dri,
5 n. m 8T 1 p. nt All
B a. m ST 2 p. m 44
T n. ni .HI S p. m 41
N a. m US 4 p. as !K
0 a. m 44 S p. m ST
to a. m...... 4T Op, m...... HS
11 n. ra 4H T p. an B4
lii m 51 ' N p. m .8.1
p. m 81
MRS. CHADW!CK LOSES POINT
Jsdae Overrules Motion by the De
fease to Take Caao from
'the Jury.
CLEVELAND, March . Andrew Carne
gie is now definitely out ot the trial of
Mrs. Chadwlck If she should be ac
quitted this time, Mr. Carnegie might ap
pear at a subsequent trial, but as far as
the existing case Is concerned his pay is
waiting for him and he Is at liberty to go
home.
United States Marshal Chandler today
made out a check for $64.40 to Mr. Car
negie's order and It Is held in the mar
shal's office, pending Mr. Carnegie's call for
it. If he does not call It will be mailed to
him. ,
The defense today made a desperate at
tempt to have the case taken from the
Jury and a verdict Tf acquittal rendered
by the court. After arguments lasting
through the greater part of the day, Judge
Taylor, Just prior to the afternoon ad
journment, overruled the motion. The de
fense also attacked two counts of the In
dictment and asked that certain parts of
the testimony offered by the government
be stricken out. An admission from the
judge that he did not regard the two counts
as "good" was the extent of the satisfac
tion secured by the defense. The acquittal
of the defendant was asked on the ground
that the Indictment charged her with con
spiring to commit 'an offense against the
United States In that she conspired with
Boekwith and Spear to certify illegally
checks of the Oberlln bank.
COURT TURNS DOWN BRYAN
Ncbraskan Will Not Get Part of the
Estate of the Late Phllo S.
Dennett.
HARTFORD. Conn., March 9. The su
preme court of Connecticut today handed
down a decision in the Phllo S. Bennett
will case, In which W. J. Bryan has figured
as beneficiary io the extent of $50,000 as
provided In a "sealed letter" left by Mr.
Bennett and finds no error. The decision
upholds the superior court, which rendered
judgment to the effect that the clause In
Mr. Bennett's will contninlng the para
graph In regard to trie $50,000 to be left to
Mr. Bryan Is Inoperative and that the said
fund Is the part of a residuary estate. Mr.
Bryan appealed from this decision and the
result Is as previously stated.
Counsel for Mr. Bryan when asked tonight
If the case would be taken to any higher
court said that It would not be.
Today's decision doubtless ended one of
the -most Interesting cases ever fought out
lit the courts of the state. Mr. Bryan was
a close friend of Mr. Bennett and was mud
the executor of his will. When It became
known that a "sealed letter" was deposited
In New York, bequeathing Mr. Bryan $50,000,
the struggle began to have It excluded,
several allegations which caused considera
ble surprise at the time being made by
counsel for Mrs. (Bennett.
It was even alleged that Mr. Bennett In
tended to have the letter destroyed when
he was killed by a fall on a western moun
tain side.
MAY AFFECT BIG WHEAT DEAL
dianace In Clnasltte atlon Rules at
Chlcasco Considered by State
Warehouse Commission.
CHICAGO, March 9. An Important meet
ing, which will have a bearing on the fate
of the big May wheat deal In the Chlcngo
Board of Trade, was held here today at the
rooms of the state railroad and warehouse
commission. Every branch of the wheat
trade was represented at the meeting. The
healing was In response to a call to ths
trade from the commission to present tes
timony bearing on the admission of Oregon
grown red winter wheat to the grade de
liverable on speculative contracts on the
Chicago Board of Trade. The commission
has been permitting the grading of the
Oregon red Russian wheat as "red wlirfer"
at East St. Louis, while In Chicago the
state Inspection authorities have been fol
lowing the precedent of the last twenty
five years and have classified the for west
ern wheat as "Colorado."
The rules of the state Inspection depart
ment would admit the Oregon red Rus
sian winter wheat to the classification of
red winter, but Chief Inspector William
Smille has throughout the season classified
the wheat as Colorado, and It has been
sold on Its milling merit all the season
below the price that it would have secured
If It were deliverable to speculators.
FAIRBANKS MAY RIDE GOAT
Vice President Will Probably Take
Additional Masonic Dcsrrres at
Indianapolis Next Month.
INDIANAPOLIS, March 9 Vice Presi
dent Fuirbunks may come to Indianapolis
the latter port of this month to take inter
vening degrees In Masonry between the blue
lodge and the thirty-second degree. The
spring convocation will be held fr,r three
days, beginning March 31. Vice President
Fairbanks was Initiated into the order on,
' December 27.
WANTED AT ST JOSEPH, MO.
Expert Druggist Who la Accused of
Robbing; Employers Arrested
at New York.
NEW YORK, March 9. James Upton
Medlock, alias J. C. Mellier, was anvsted
here today. He Is wanted In fit. Josiph,
Mo., for burglary. He Is said to be an
expert druggist and has worked In various
of the largest drug houses In the country.
It Is said he operated by procuring a posi
tion with the house and then secrutlng
goods, especially proprietary medicines,
which be disposed of through owifcdojutes.
COLORADO JURY CANNOT AGREE
No Verdict In Case of Deputy Sheriff
Who Killed Two Men Elec
tion Day.
CRIPPLE CREEK. Colo., March 9.-The
Jury In the case of James M. Warford, the
deputy sheriff who shot and killed Chris
topher Miller and Isaao Loba at the polls
In Goldfield on election day, was dis
charged today, having tailed to agree after
deliberating over seventy hours.
Movements of Ocean Vessels March 0.
At New York Arrived: Elngen, Iyoulse,
Genoa, Oceanic, from Liverpool. Sailed:
I.. Lorraine, from Havre: Grosser Kur
furst, fur Bremen.
At Uueenstown Sailed: Merlon, for
Philadelphia; Cedrlc. for New York.
At Swansea Sailed: Majestic, for Phila
delphia At London Sailed: Mlnnetonka, for New
York.
At Queenstown Arrived: Cymric, from
Hoi on.
At Trieste Balled : Glulia, for New York.
At Oiitenstuwn Arrived: Baltic, from
New ork.
At Hamburg Balled: Armenia, for New
York
At London Arrived: ftiajiitou, irom rew
York.
ATTACK MERCER BILL
Big Delegation 'rom South Omaha Storms
ths Legislatn-e.
PROTEST AGAINST JOINING TWO CITIES
Insist Agitation ia Hurtful to Property
Values in Magio City.
GIVEN PRIVILEGE OF ADDRESSING HOUSE
Insist Present is Dot Opportune Time to
Make Such a Mots.
REPRESENTATIVE LEE CAPITULATES
Announces Ills Committee Will
Btraagle the Annexation Bill In
troduced by lllm, and Booth
Omaha Men Cheer.
(From a Staff Correspondent.)
LINCOLN, March 9. tSpeclal Telegram.)
Amid the pluudits of the house and Senate
assembled In Joint session, a gallery full
of spectators and 600 citisens of South
Omaha come to protest against H. R. 3i9
snd the consolidation of Omaha and the
Magic City, Representative Lee of Douglas)
on the floor of the house this afternoon
gave an object lesson In retreating which
Kouropatkln might with profit emulate.
The half thousand of crusaders from
South Omaha, men, women and children,
were Jammed Into representative hall; the
members of tho senate occupied seats there,
the galleries wer full and the represents
lives were nearly all present. Several speak
ers from the South Omaha delegation had
eloquently proclaimed their reasons for op
posing the Lee bill making annexation pos
sible, when at the conclusion of these
speeches Lee srose and asked the priv
ilege of the floor, which none save Jackson
of Antelope sought to deny him. In great
good humor Ix-e declared that rather than
force upon his neighbors a law which they
did not want he would be the first to bow
to the will of their fair city and not pro
mote his bill.
The eloquent Irishman sat down amid a
storm of applause In which the South
Omaha people led and he was surrounded
by his colleagues from all ports of the
house ns well as citisens from the packing
city and earnestly congratulated for the
stand he had taken.
Storming the capital like the Etruscan
at Janlculum the 6U0 South Omahans
swooped down upon the legislature Just be
fore noon, led by Mayor Koutsky and a
brass band. They were admitted to the
house a few minutes before the noon recess
and Dr. McCrann stated that the purpose
of the visit wns to impress upon the legis
lature the opposition of tjie majority of
the people there to Lee's I'blll. He then
submitted a petition signed by 3,000 persons
who voiced the sentiments, he said, against
this measure. When the house reconvened
after noon the delegation returned and the
demonstration ensued,
Gibson States Position.'
'"DrVMc'Crann, ' acting "as chairman, first.
called on Senator Gibson of Bouth Omaha
to speak and the senator told in a few
words why his people were opposed even to
the agitation of the annexation proposition.
He said they were able for local self
government and their property Interests
would be Injured by consolidation.
T. J. Nolan was then Introduced. He
said the first reason why Bouth Omaha
was against consolidation was that It would
Increase Its taxes and reduce the value of
its property. He pointed out that the
bonded Indebtedness of Omaha amounted
to $6,ff9,000 and that of South Omaha to
$033,000, the per capita Indebtedness of the
respective cities to $61 and $21; that
Omaha's levy last year was 14 mills, while
that of South Omaha was H.
"Before annexation should be brought
about Omaha must be large enough for
two business centers and It is not that
large now," said Mr. Nolan. "Our people
believe that if consolidation were effected
now it would be the death knell to the
business district of South Omaha, that
within a very short time all the chief busi
ness Interests would be transferred to
Omaha and we would he left with nothing
but our residences. This would ruin our
property values. The time may come when
these cities should coalesce, but that time
is not yet. When Omaha's population shall
have grown very much larger and that
great stretch of country between the two
cities Is filled up with homes and people
then It will be time enough for us to talk
of this thing, but not till then. We not
only want the Lee bill killed, but we want
the Omaha charter bill so amended as not
to leave the possibility of annexation. W
think the people of South Omaha have
demonstrated their ability for local self
government and certainly they have shown
you today that they are against the bill.
Otherwise you would not have 400 business
men down here, who had Bhut up their
business for the day that you might see
by their preticnee in your midst that they
were not willing to have their town tacked
on at this time to the mother city. I know
you may be told that this consolidation is
not possible until the proposition shall have
been ratified by the majority vote of the
electors of each city, but that does not
remove the objection we have to this bill.
So long as there Is a law on the statute
books making It possible for the two cities
to be annexed. Investors will bo slow to
Invest their money In South Omaha prop
erty, apprehending, and rightly so, that It
will only bo a question of time until South
Omaha will be swallowed up by Omaha.
The people of South Omaha are satisfied
with their local government and don't Want
it placed In the hands of Omaha, to which
In many ways, It is a model."
Murphy Waxes Kloquent.
Henry C. Murphy was the next speaker.
He traced the history of South Omaha
from Its birth twenty-two years ago to
the present day. and said it had shown by
Its 30,000 population that It was able Ui
take care of Its own affairs. Mr. Murphy,
manifestly, was to be the word painter
of the occasion. He rose to the flights of
oratory and proclaimed:
"Krom Maine to Mexico, from the frosen
one of the Yukon to the honey-kissed hills
of the southland, our fair town Is known
and hailed as the Magic City of the world."
He said it would be sapping the life
blood of the city to annex it to Omaha.
"When our little city was an infant
village, then a growing town, and still a
young and struggling city, we needed the
aid and strength of the mother city," said
Mr. Murphy, "but we did not get It. Now
that we have grown to a full-fledged city
of over 30,000 nnd do not need the protec
tion of the pureiil city It necks to embrace
us with Its arm und offer us succor. We
repel this proffer of protection."
Mr. Flehurty said It was not so much
the consolidation of the two cities they
were opposing us the agitation of the sub
ject. "This Is an Injury to our property la-
I turests, and we want It stopped," aei las)
I
i