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.
