t ; w PARTIAL VICTORY Railroads Do NotEscapo Entirely Unscathed in Court SYLLABUS IN THE CASE Decision lt'iiilirrl lijr Chief ,lullc Hot tomli Ik n I.cngtliy Olio l.'uriiliiK Hint Stork Value lire lllciufiita SlintrltiB Knit Villue The supreme court of Nebraska baa iiinil(Ml down ItH decision In the man (latiniK nult brought to compel the state; hoard of equalization to assess the franchises, etc., of the railroads. Ah Judge Holcoiiih once occupied a position on the stale hoard of equaliza tion, lip was supposed to be more l'u inlliai' with tho subject than any other member of the bench. "We cannot escape the conclusion." nays tho court, "that both the tangible ami Intangible propeity or the railroad companies were In fact assessed (is one property or one unit." Lnrnings, franchises, stocks and bonds are desig nated as propel ty to be considered. The two principal questions consid ered by the couit were as follows: lias the board failed to assess property whit Ji under the law It Is Its duty to assess. Second, In making the assess ment ha? the board aned fraudulently in valuing such properties for assess ment and fcr that reason rendered void the action taken. In effect the court Muds that franchises and all in tangible property must be and were assessed by the board: that the trans in tlon was not tainted with fraud: that the board is clothed with quasi judicial rowers as to the aluatlon of smh property and when It has au di on sufficient information and ex pressed an honest judgment as to such value, its judgment cannot be con trolled by the writ of mandamus. The following is the syllabus of the case: 1. Pleadings construed and held to prc-tent an Issue of fraud in legard to the manner of making the assessment com pin 1 nod of 2. It Is the duty of the state board of equalization to value and asset. for 'lion the dominant ld-a of the organic law is that needful revenues shall be raised by levying a tax on property I by valuation. In such manner that every owner of property subject to taxation bhnll pay taxes in pioportlon to the value of the property owned. G. The word "property" as used In the constitution Is n uonoiic term and wilmlnu nil tirfilwil'l .' ,if wlnl ttlllli Vnl' eriptlon whether tangible or In- Ible. While the revenue ait piovidcs the assessment for tax purposes of property at Its fair cash value, the rt will take judicial notice of the et that for general revenue purposes ho stnndard of value generally prevail ing Is far below the actual cash value of the property assessed. li. In observing the constitutional rule of uniformity, property which es capes taxeH altogether can not be taken into account In determining the standard of valuation ot property ac tually listed, returned or assessed, on which taxes nrc levied. 7. The Htate board of equalization, In the assessment of railroad and tele graph properties should Include In its assessment the value of the framhlses with the tnnglblc property assessed. 8. In the assessment of railroad and telegraph property, the state board of equalization may consider not only tho returns required to be made by sections 39 and 40. hut also other In formation of a reliable character ob tainable which may tend to establish the true value or the property as sessed. 0. The provisions of section .11', of tho revenuo act, requiring the assess ment of the capital stock of the cor porations named therein, at Its actual value, after deducting therefrom the value of the real estate and other per wiiiul property of such corpointlnn as Hesaeil as such, are not applicable to the assessment made by the state board or equalization, of the properties of railroad and telegraph companies. 10. Sections 39 and 40 of the revenue net embrace the legislative plan and method of assessing railroad and tele graph pioporty which are complete within themselves and callable of en forcement Independent of the provi nlons of section 32. 11. In assessing rnllroail and tele graph property, It Is the duty of the Htate board of equalization to secure nil reasonable and necessary reliable Information relative to the valuo of the entire property of each corpora tion nssessed and assess such property as n unit or as one property. 12. In determining the value of tho property assessed. It Is the duty of tho board to consider nil factors hav ing the elements of property, whether tangible or Intangible, which euhnnce tho valuo of the corpoiate estate, and valuo such property for assessment purposes so that the valuation placed thereon shall hnrmonle with the con tltutlounl rulo of uniformity. 13. Whoro railroad and telegrnph properties are situated ' In more than one state, It is necessnry to consider and determine the valuo of the whole (irunil Dnlie Null for llmun (5 rand Duke Boris of Kussla sailed on the French liner Ln Lorraine, board ing the Dteamer from n prlvto yacht at. qunrantino In order to escape inter viewers. The royal traveler has re nerved seven suits do luxe for himself and entourage. llnno I'ounil In rtivln The Semluolo hotel, at Winter Park, FIju, was destroyed by flro Wednesday. 'Iiq boneti of ono charred body wero found in tho ruins today. The loss Is ;oo,ooo. l 1 properly wherever sltiintcu as an en tirety and then determine what pro portion of tho whole property Is Mtuat ed and used In this state and subject to taxation theieln, the relation such part bears to the whole propeity as to Its value being the basis on which the assessment Is to be made. II. The market value of the stocks and bonds of a railroad corporation Is an Important fnilor with other perti nent Information by which to deter mine the fnlr cash value or the prop erty assessed which Is represented by mail stocks and bonds, 15. The earnings of a railroad com pany In evidence of a most Important character In determining the true value of the propeity from which the earn ings accrue and Is one of the chief elements which give value to tho prop erty and should be considered In de termining the value lor assessment purposes of the entire corporate prop erty which Is assessed. Hi. Where the property of a railroad corporation l assessed by the state board of equalization as a unit and In fixing the ulue theieof the boaid takes Into consideration the fact that the properly Is being used for effecuatlng the objects of the i orporntlon; Is earn ing an Income In the transportation of passengers, and tarrying or freight for hhe. and that such corpoiution Is exercising the lights, powers and priv ileges or corporations organized for the purpose of engaging in business as common carrleis. such assessment so made would Include and cover tho Intangible as well as the tangible prop erty of the corporation anil would bo an assessment of its franchise. 17. Evidence examined In the case at bar and held that in the assessment of the propei tlrs of the railroad and telegraph companies by respondents the franthlses of iiinh corporation were allied and assessed In the assessment or the physical properties of such eor poiatlous. IS. The state hoard of equalization Is by law constitute a special tribunal for the purpose of assessing ralhoad and telegraph pioperties and In the valuation and assessment of smh prop erty for taxation purposes they are given exclusive Jurisdiction. IP. In assessing property for taxa tion purposes, the board is limited with quasi judiilal powers us to valuation of such propeity and when It has once acted on Hufllcleul Information and ex pressed an honest judgment as to stu h value. Its Judgment can not be con trolled by the writ of niandimus. The writ of mandamus Is not a writ to cor rect errors but to compel action. 'JO. The presumption is that when an otllcer or nssessing body values propeity for assessment purposes, that he aetn'falily and Impartially In fixing such valuation. lit. Held In the case at bar under the evidence the Inferenie Is not war rantable that the respondents acted from Itnpropr motives and fraudulently In making the assessment complained of with the wrongful Intention of dis criminating in favor or the railroad and telegraph loinpanies whose prop erty was assessed. . 22. Where an assessing olllcer or board disregards well known rules for the valuntlon of property assessed and has refused to consider reliable and pertinent Information regarding such values and arbitrarily assesses proper ty at a grossly Inadequate sum. such assessment may be treated as fraud ulent and as In law no assessment. 2:t. Where in the assessment of property for municipal purposes In cities of the metropolitan and first class different standards ot valuation prevnll than In the assessment of property generally throughout the state for general purposes, and tho state board of equalization tan not as sess property In harmony with such different standards of valuation. It la the duty to observe the rule of uni formity of valuation of property as sessed generally for revenue purposes rather than the standard prevailing In tlie cities of the classes mentioned when property therein Is assessed for municipal purposes. 24. Tho constitution requires that In the assessment of taxes for munici pal purposes, such taxes shall be uni form with respect to persons and prop eity within the Jurisdiction of tho body Imposing the same. 25. Whether the provisions of law requiring the valuation of railroad and telegraph property for assessment pur poses, made by the state board of equalization shall lie taken anil accept ed as a correct nssessetl valuation of such property for municipal purposes tn titles of the metropolitan aim tirst clnsa when a different standard of val uation pievnlls as to the assessment of all other property In such titles vio lates the constitutional provision re quiring taxes to bo uniform through out such municipality as an Independ ent taxing jurisdiction. Quaere. 2(5. The power of the state board of equalization to value and assess for tax purposes sleeping nud dining cars operated on the railroads In this state Is derived from the statute. It being within the province of the legislature to select u method by whlth all such propei ties shall be valued and assessed which is exclusive when no constitu tional rule is violated . 27. It assessing sleeping and (tilling cars under the provisions of sections I Ou and 40b. the board can not valuo anil assess the franchises or other In tangible property of the corporations owning such cars as Independent spe cies of propeity. In estimating tho value of such properly ror assessment purposes the assessing board In de termining the value thereof Is not con lined alone to the cost of construction but may consider the value of the prop eity nssessetl as n means of earning In come, the prolltatiieness ot me use to which It Is put, and ascertain and fix Its true value for assessment purposes with reference to the value It has as used and by reason of Its use. Ilrynn In ii Wreck A train bearing Bryan from Cincin nati 0 to Oreoneastle, Intl.. ran Into n switch engine at Indianapolis Thurs day altornoon. Bryan anil tho other passenger's were badly shaken up. Ono engine was derailed. No one was se riously hurt. Frank Ford, under arrest In Iiullan npolls, has been Identities as William Dockery, who, with four other dos peiato criminals, escaped from tho Sioux Falls penitentiary in April, 1900. Dockery was n tueiubor of the famous Dockery gang In MlnueapiiHs. THEY KILLED HN Officers Shoot Down Olsen, the Omaha Murdero DIDN'T TAKE ANY CHANCES When I'lieltUe I'tillcd (Inn tlic Officer lirril ii Voile), Ili-highiit Him Ilium Iilt'iilllliil hv n Clten Ho .Murdered III Nucclliciirt A Bancroft. Neb.. Sept. 22. dispatch nays: Peter Olson, of Omaha, who shot and killed his swccthcnit. .Mary Peterson, at her home on the evening of September 8, resisted capture near this place nud was killed by the offi cers. Ills body was brought to town nnd Identified by Peter Johnson, who had known him. Constable Copple and a posse did the shooting. The fugitive arrived at Ilancroft on Saturday night and remained over night nt the Park hotel. Sunday morn ing he went to a barber shop to get shaved, anil while near the postolllce was seen by L. It. Fletcher. Jr.. who had seen him a yenr ago nt the home of Peter Johnson. Fletcher drove to Johnson's home nnd told him of Ol son's presence In Ilancroft. Mr. John son cntne to town nnd Imparted the In formation to Constable Copple. who organized n posse to search for tho man. In the meantime the fugitive had left town on foot. He was reported on the way to Pender. The officers fol lowed and overtook him three miles from Ilancroft. They halted, concealed themselves, and demanded OUen's sur render. The innn was then nbout seventy-five yaids away. Instead of obeying the order to throw up his hands, he pulled out a revolver. Several shots rang out ami Olsen fell with a bullet through the body. Only one ball struck him. It entered nenr the navel nnd passed through the body. When the officers came up to him his hand still clutched the revolver. The weapon had only one cartridge in It. which had been snapped several times. Only 15 cents was found on his person. The body was brought to this place and Identi fied by 1'qter Johnson. It nnsweretl the description sent out from Omaha even to the clothes, a scar on the face and a scar on the body caused by u surgical operation for appendicitis. GROWTH OF KANSAS BANKS Ncurty ii Million Hollar Increase In Cnpltull7iit Ion A Topekn. Kan.. Sept. 21. dispatch says: The reports showing the condi tion of the state and private banks of Kansas at the close of business Sep tember 2. 1302. hnve been compiled by the bnnk commissioner. These are the reports thnt will be used In the forthcoming biennial report of the commissioner. They show the follow ing totals: Capltallatlon. $7,415,100; surplus and profit account. $.1.287,1 7S.2S; tho sur plus and profits less the expense nro equal to 40 per cent of the capital In vested; cash and sight exchange. $10. 815.432.88: this is almost 42 per cent of the deposits, which at that date ag gregate $40,059,200.97; tho total loans for tho year were $30,901,095.70. A comparison of these figures with the totnls from tho Knnsas bank re ports September 1. 1900, Is Interesting. Then tho totnl capitalization was $0. (513.000. tho total surplus anil profits $2,387,5915.95, the total deposits $31,608.- 032.29. the totnl cash and sight ex change. $10,108,595.07. the total loans, $21,812,833.CG. On September 1, 1900, there were 388 banks reporting, while on September 2 of this year there were 402. Slnco September 1. 1900. eleven prlvnto hanks have Incorporated; three banks. Doxter. La Cygne and Watheno. have been closed by this department; fif teen state nnd private banks hnvo nationalized, ten stnto and private banks hnve liquidated voluntarily. One hundred nud fifteen bnnks hnve been Instituted by the department since September 1. 1900. Since the last call, June 10. 1902. there has been an Increase In tho deposits of the state nnd prlvnto banks of almost one and one-half million dollars. Accidentally Kill III llrotlicr The little nlnc-yenr-old son of Franlc .Tavorsky, living four and one-hnlf miles southwest of Wllber, Neb., acci dentally killed his eleven-year-old brother, hid tho gun and vows now that he will shoot himself. When the trigger was pulled, the little fellow with tho chickens about hltn, chnncetl to be In direct range. The entire load of shot struck hltn in the nbdomenl ami he was less than thirty feet distant. He tiled Instantly. Conductor Killed W. R. llulier. conductor on the Bur lington Holdrege-Cheycnno run. was run over ln the yards at Cuitls, Neb., anil died from the effects of his In juries. He had been for a dozen years on this line nnd was woll known. He leaves n wife and three children, living at Holyoke, Col. "IVIrele .VIciibh hent A wireless me&sngo from Polilhn. Cornwall, to the Italian cruiser Carlo Alberto, in Spezia harbor, Is printed. It consists of thirty-eight vvordu nnd Is a greeting to the king on the occasion of sending the first wireless incshnge from England to Italy. Anuuiil Contention The annual convocation of the Kpls copal church of tho diocese of Nebras ka will bo held In Falls City. Nob., from October 7 to 10, Inclusive. Clergy from all parts of the state will bo In attendance. ItUimrilNiiii' ViiIiiiiIIiiii County Clorlt Tni.ner of Hlchnnlson county, Nebraska, has turned the tnx books for 1902 over to the county treas urer, Tho assessed valuation of tho county Is $3,l(il,(ilii and the total tax levied Is $105,152.33. FREE HIGH SCHOOLS Mate Superintendent 1'iinler Approve 1,11 of TneiityHU The free high school or adjunct ills tiht law has carried In eight counties In the Ktate and as a result State Superintendent W. K. I'ovvier has ap proved twenty-six high schools as meeting the requirements of the law. In June, 18111, the proposition to estab lish adjunct districts wns submitted to the legal voters of the various dis tricts. The proposition was not gen erally understood ami It was defeated In every county In the state with the exception of Douglas. Last June seven other counties adopted the pro visions of the law. The law provides for the submission of a proposition to constitute nil of the territory of each county outside tho high school dis tricts iitt an Independent taxing dis trict, to be known as the adjunct dis trict of the county. The adjunct dis trict would be organized solely that ix tax not to exceed two mills on tiro dollar of assessed valuation might be legally levied and collected, for the purpose of paying the tuition of tho graduates of the rural or common schools at the nearest approved high school In the county. The adjunct dis trict has no officers; It builds nt schoolhouses; It votes no bonds. In the counties where the adjunct district has been established, the fol lowing high schools have been ap proved by the stnte superintendent us meeting the requirements of the lnvv: Antelope county: Nellgh. Oakdale, Elgin. Cass: Plattssnouth, Weeping Water, Eimvvnod, Louisville. Cherry: Valentine. Douglas: Omaha, South Omaha, Florence. Waterloo, Valley, Elkhorn. Jefferson: Fairbury. Knox: Crelghton, Hloomfleld, Wntisa, Niobrara, Verdlgree. Madison: Norfolk. Madison. Tilden, IJattle Creek, Newman drove. Scotts Bluff : deling. KEEPS ISTHMUS OPEN rvn Auicrlc.iii Trimpit ; Alum- at Colon Coloinlilu, In Act A Colon. Colombia. Sept. 21, dispatch says: Several hundred government troops were brought out t'ois morning, nnd it was the Intention of the auth orities to hnve them take a train for Panama. The railroad company de clined to entrain the soldiers ou tho S o'clock passenger train, but subse quently placed a special train at their disposal. Shortly after 8 o'clock eighty bluo Jackets from the I'tiitetl States cruiser Cincinnati, together with two quick firing Cold guns, were landed In Colon. This action is believed to be duo to the receipt of credltnble information that a representative of the Insurgent general. Herrera. is at Sarr Pablo, a station ou the railroad. Union these circumstances the government decided not entrain the troops for Panama. They will remain nt Colon. In the meantime the railroad dis patched a special train with definite Instructions from Commander Mclxan of the Cincinnati to deneral Herrera's representative at San Pablo, saying that insurgent troops would not bo permitted to stop trains over tho isthmus, or board them, as American marines were maintaining the traffic from sea to sea. A large force of Insurgents Is said to be quite close to San Pablo. It this Is so there is likely to be fight ing at any moment. The return of the special from San Pablo will bring further news of tho situation. Pioneer Cltlen of Lincoln Found Dead In III lied Sleeping as peacefully as though In tho bloom of youth, S. .1. Dobson. for thirty-one years a citizen of Lincoln, Neb., was found In his bed by Mrs. Dobson, cold in death. He had been lifeless for tcven or eight hours, car rietl away by heart failure. Mr. Dobson had been ailing for somo time. Several months ugo he con sulted a physician, complaining nt shortness of breuth. He was an In veterate cigar smoker and the doctor told him he must ease off this luxury. Ho quit at once, and entirely, and this may have had something to do with his serious condition. lie had been considerably worse for tho past few days, but Friday seemed much Improved. When he retired he was feeling better than at any time ln the last half year, and his sudden de mise was that much more of a shock to his family, relatives and friends. Mr. Dobson was sixty-one years of age, and a veteran of the civil war, having served In a Wisconsin regi ment. For a number of years previous to his death he was a dealer In hides at 920 II street. Ilreiini Didn't Come True An Aberdeen, O,, dispatch says: Having failed to receive any manifes tations that the account of this wicked world was to come up for final settlement Miss Nettlo Campbell of this place has hail her faith in dreams rudely shuttered, though the shatter ing process did not Jar her nearly so much as would have been the case had her dreams come true. On Friday night, January 3d. Miss Campbell dreamed that the world would be en tirely consumed by fire September 20. Miss Campbell at that time did not think much of the tlream, but sho dreamed the same thing over ngulrr on the succeeding Saturtlny. Sunday and Montlny nights, the repetition caused no little comment nud tho passing of tho day without dire catastrophe re sulted In a feeling of relief In somo circles and particularly among the col ored population. Ilnerr Conuiuny I'ull The Rhoatles-Carriilno Buggy com pany, Mnrsballtown, In., one of tho largest carriage concerns In tho west, hns innilo an assignment. A. A. Mooro and C. C. Price of Mnrshalltovvn wero appointed assignees. There are about 100 creditors, Including many eastern firms and Chicago banks and brokers. Assets, f Jfiil.r.OS; liabilities, $21,G3. The largest creditor Is tho Marshall town State bank, whoso claim Is ?10, 000. When poverty looks In at the window lovo vacates tho roost. AFTER THE MOROS Captain Pershing Finds Forts of Robolious Filipinos MEETS SLIGHT RESISTANCE Mnrctirx Itl.ltt Info. Heart of Itel.el Country Sctrn Mrnncliold Cup- turcil mill Tenty-lln of lliminy Killed Other .Vowii A Manlln. Sept. 22, dispatch says: Up to Sunday tho force commanded by Cnpt. John Pershing of the Fifteenth Infantry, operating ngalnst the Moros ln the Island of .Mindanao, had met with slight resistance In the Mmin country and had cnpturctl Beven forts, killed twenty-five and wounded twenty Moros. There were no American casualties. Captain Pcrshlg's courier reached Brigadier doncral Samuel S. Sumner at Camp Vicars today. The captain reported that he llrst moved on Ooan an, where the troops took three torts. They then pushed on to Baynboa nnd inptured two foils. From there the column proceeded to Sanlr and cap tured two more lorts. From Pant nan to Sanlr, In the country dominated by the sultans of Call nud ButlK nnd the two biiltnns of Matin, the column was frequently fired upon. Captain Persh ing communicated with the Matin sul tans, but they refused to recognize the Americans nnd remained obstinate. When the courier dej-irtrd Captain Pershing hud planned to attack Mucin today. Matin is shunted a shoit ins tance from Sanlr, where the troops rested. General Sumner has forwarded addi tional rations to Captain Pershing, . WANT TO SEE MISSOURI Younger Hoy Anxlnii to !o llncl to Itoyliood llotnc A Minneapolis, Minn., Sept. 22, dis patch says: Freed from a prison re straint of twenty-live years, yet bound by honor to the light regulations of the order of parole, the lounger broth ers. Coleman nnd James, long to spend their remaining days, or at least a few of them, among the old familiar scenes of their childhood home In Jackson county, Missouri. They are quietly awaiting the result of an effort now on foot to obtain for them an unconditional pardon. It Is now n year slnte the men nrrestetl and convicted for toinplieity In the North field bank robbery and murder were released from the Stillwater peniten tiary, and in that time their conduct has been beyond reproach. Coleman Is now conducting n small cigar store in St. Paul anil James Is a salesman in n retail store in this city. Knch Is do ing wel In a business sense, but this does not satisfy them. Tiny do not pose nt martyrs for the sins of the Jesse James bantl. Neither do they mako public pretensions of having been forced Into such lives of outlaw ry. They even say that the state of Minnesota has been lenient In reducing their sentence of life Imprisonment. Of his hopes and ambitions, James Younger said: "Neither of us has over asked for a pardon and neither of us will do so. Of course we long for Mis souri. There the hnpplest days of our lives were spent: there dwelt all our friends and nil of our relatives, and It would be heaven to see them all once more; but the law snys we are to re main ln Mlnncfeotn." FALLS TO HIS DEATH John tinerln. Memtor Hoy, I'lunse to lluttoni ot Slmfl John Ouerln, a lad of fourteen yeurs. who has been employed In the mull order department nt Herpolshelmer's for some time past, had longed to change his epmploymeut and take charge of the elevator. His ambition was gratified Saturtlny morning, Sept. 20th, when he wns allowed to exchange places with the youth who has been riming the elevator. It was a fate ful change for diierln, for Saturday evening at about 8:25 he met his death by a fall of twenty-five feet through the elevator shaft. Several physiclaiiB who were called to attend duerln testified that death was due to a fracture of the right sldo of the skill. The lad fell from the set ond floor to the basement. He did not regain consciousness after the ac cident and died about four Injurs und n hale nfter he hnd been removed from tho shaft. None of his limbs were broken, and the only Injury discovered by the physicians was the depression just behind the right ear. Mitchell on Hie Slrlkn President Mitchell of the mine work ers Montlny morning said he would have no conference with tho operators or their representatlveij that day. Tho strike conditions, he said, remain the same as they were four months ago. Mitchell admitted there are many cases of destitution In tho mine ileitis and thnt some or the miners are on tho verge of starvation, but these cases, he snld are being rapidly attend ed to. Contributions are coming In from many sources and the miners will bo nble to hold out Indeflnltly, said Mitchell. "Will you compromise the strike?" was naked. "I do not care to sny." "Will you see Morgan In this city and Governor Stone on your way to Wllkesbiure today?" "I will not." Sueur Tiixt'H Itrdurril It Is announced that tho French government will propose In the forth-t-inlng budget a reduction in tho sugnr taxation to the amount of $8, 000,000, ns compensation for tho pro jected abolition of tho sugnr bounties. Crnler lit Ciipn lluytiim A dispatch received at the Btato de partment from United States Minister Powell at Port Au Prince, announces the arrlvnl at Cape Hnytlen of tho cruiser Montgomery. FALLS UNDER THE WHEELS llurllnetnii Conductor rnlully Mnuglnl it Hurt Icy A Hartley. Neb,, Sept. 22, special says: As fast freight No, 01 was pass ing through the yards here this morn ing Conductor J. T. Brady, who was in charge of the train, fell beneath the wheels and was crushed and torn into an almost unrecognizable mass. Ho was not missed by the crew until the train arrived at Cniftfcridge. The train was run back to this place anil the remains wero found In the west end of the yards strewn nlotrg the track for one hundred yards. Three trains had passed over the re mains before they were found and gathered up by the train crew. They were taken to AleCook In tho wny car of No. lit. Mr. Brady was a man of family and resided in McCook, whero he had been In the employ of tho Bur lington for a number of years. This was his second run nfter re turning from burying n brother in Peoria, HI., who was killed In a street car accident. WANT TROOPS WITHDRAWN President 1'uliiiii 'I'll Ink Cuba t':in Cure for ltelf The government of the United States is to bo required to terminate the last vestige of Its authority in tuba. The war depaitment has been advised formally by tho department of state that President Kstratla Palma has notified Minister Squires that lie desires the American troops remaining in Cuba to be withdrawn. The state department tloes not un dertake to pass on this request, but transmits it to Secretary Hoot, hold ing that the problem presented is pure ly a military one Involving the com petency of the new Cuban government ' to take over and care for the coast de fenses now In Ameiicnn hands, anil thus make sure that the country Is not exposed, without any military protec tion, to a possible foreign enemy. it is a matter that could not bo hasti ly decided, and It may be discussed with President Roosevelt while tho secretary Is in the west. At present there are eight companies of coast artillery In Cuba. Slocluniin ioe Itaffr Morris McDonald, a young stockman en route from Ills homo in Dunning. Blnlno county, to South Omaha with a carload of cattle, left the train at Lin coln at an enrly hour Monday morn ing to escape the torments of the de mons of Imagery. He Is detained at the police station awaiting examina tion by the commissioners of insanity. McDonald had twenty-six head of cat tle aboard a Burlington stock train and was accompanied by relatives. While coming In from Dunning he be gan to show symptoms of mental de rangement nnd when the train stopped he jumped off and disappeared in the yards. His friends at once notified the police to look out for him. He was easily found, ns ho appeared to Officer Davit! and Inquired for some place to sleep. The obliging otllcer readily fur nished him ono in the woman's ward at the station. I,oe mi Arm John Llnroot, n tailor of Vllllsca. la., met with nn accident at Pacific Junc tion about 10 o'clock Monday night which resulted in the loss of his left arm Just below the elbow. He was picked up some timo after the accident and taken to the office of Dr. Living ston In Plattsmouth. Neb. His arm was horribly crushed nnd amputation was found necessary. Just how the accident happened seems to be a mys tery, but it is believed that ho wont to sleep too near the track. He gave his age as fifty-three, and did not appear to be a tramp. . .w ----- Wunt Uniform Wik' The convention of the international flour employes opened Monday morn ing at Minneapolis, Minn., for the pur pose of forming an association of those nik-liiir In the erlst mills of tho United States and Canada. Ono ot tho objects will be to ask for a uniform scale of wages and hours throughout the various milling cities or tho coun try. Mar Ui" ! 'or KiK'l The steamer Kensington arrived Montlny at New York from Southamp ton. Kensington has been up at New castle. England, for some time over hauling and Installing a plant for tho use of oil as fuel. On tho way from New castle to Southampton tho oil was used successfully, but ns tho plant was not quite ready for nn extensive voy age, the full test was put oft until tho return trip from New York. Utility of Murder After being out seven hours a Jury has returned a verdict oi niuruer in the first tlegree ugalnst Thomas Falr cloth and Theodore Smith, two young white men, who were charged with the murder of Mr. antl Mrs. L. B. Lewis, at Bronson, Fin., thrco weeks ago. They were sentenced to bo hanged ns soon as the governor shall Issue tho death warrants. AnicrlnuiH Appeul Ardashes II. Kololnn. president of the Armenian national union, com posed of twenty thousand Armenians In America, has written a lengthy let ter to Secretary or State John Hay, requesting his Intervention with tho European powers in behalf of the Ar menians in Turkey, taking as a basis ror iris arguments the secretary's re cent note referring to the Uotimatrlan Jews. IlllniiU Ceutrnl KuriiliiK' The fifty-second annual report of the UllnolB Central railroad was published Monday, showing an Increase) in gross earnings of l3.920.Cli9, nnd an liuireaso in net earnings of $2,822,802. Tho total gross earnings are over IBrty soven millions. Murine In Iteudlne Orders were received from the navy department Monday Instructing tho olllcinls nt tho naval academy to hold all tho marines nt Aannapolls In readi ness to be sent to the Isthmus ot Pau-uinn.