t I I MCOOK McCook Tribune F M KIMMELL Publisher NEBRASKA- News in Brief Bello Cole the American singer is critically ill in London The New York Times building just occupied is tliirty ono stories high A member of the Iowa delegation at Washington suggests a new plan for government control of freight rates Florence Mitchell shot and killed Ella Swisher during a dance at a roadhouse three miles from Logans port Ind Colorado supremo court decides that investigation of alleged election irregularities ho on extensive scale demanded by republicans The British consuls residence out side of Tangier was attacked by insur gents during the night of January -1 Guards drove the attackers away M Scherbatoff the reactionary president of the Imperial Agricultural society of Russia has resigned bo cause of the opposition to his course The plague district in the Ural re gion has been cordoned by Cossacks and the disease has been localized The mortality has rapidly decreased A national board to exercise super vision and control over corporations is provided for in a bill introduced in the sena1 by Senator Hepburn of Iowa Chief Justice Albert Mason of the Massachusetts superior court died at his residence in Brookline Mass of pneumonia He had been ill about ten days Senator Hepburn has introduced a bill for the control of corporations suggesting a new department to be known as national board of corpora tions Benjamin W Thomas 83 years old prominently known both in Europe and America because of his scientific investigations and writings died at his home in Chicago The question of penitentiary labor contracts in Missouri has been set tled on a basis by which the prison receipts from this source will be In creased at least 25000 annually J M Cheesbrough assistant gener al passenger agent of the Vandalia lias been appointed general passenger agent of the line to succeed E A Ford promoted to traffic manager On board the Teutonic which ar rived at New York from Liverpool was Eugene dAlbert the composer and pianist to begin what will prob ably be his farewell tour of America The College Widower a burlesque on one of George Ades plays was tho new offering which the Weber and Ziefeld company gave at Its Broad way theater in New York Rt Rev W OConnell bishop of Portland Me received a papal brief appointing him assistant to the ponti fical throne accompanied by a com plimentary letter from Pope Pius X Former Governor William Claflin died at his home on Walnut street Newtonville Mass Death followed an illness of a few weeks incident to old age He was governor in 1872 1873 and 1S74 The sum of 200000 for James Smith Jr for acting as receiver for the United States Shipbuilding com pany was asked of Judge Banning in the Unted States district court at Newark N J In excavating for the foundation of the new National theater at Mexico City an ancient fountain has been found covered with hieroglyphics and on which are figures of Indian war riors priests etc Tho Dodge lectureship at Yale for 1906 will be filled by the appointment of William H Taft secretary of war This lectureship was founded by Wil liam E Dodge who in 1900 gave 30 000 for the lectures A call has been issued for a meet ing of the Santa Fe stockholders on January 24 A vote will be taken on a proposition to increase the capital stock by 50000000 and to issue bonds for that amount Thomas W Hart one of the best known criminal lawyers in Missouri died in Los Angeles of diabetes He was 59 years of age and for thirty years had been a successful practi tioner at the bar in St Joseph President Palma gave a dinner to all the foreign diplomats at the pal ace at Havana the decoration of which has just been completed The cabinet ministers and presidents of the house of congress and ladies of their families were present Minister and Mrs Squires were seated next to President and Mrs Palma Advices from Colombia report that the projected revolution has been un successful and that General Joaquin Kelez and Gonzales Valencia who were at the head of the movement and otherB baTc been imprisoned Royal H Miiliron the 25-year-old jwm of a Salt Lake physician shot himself through the heart in a hotel t Provo Utah He had left home o tensibly to return to his medical studies at Rush Medical college where he was a member of fbo Junior clasp No cause known for the deed The steamer Dora from Colon and Panama has brought to Havana 111 passengers three of whom are ill with what may prove to be yellow fever They have been taken to the detention hospital WAR WILL CO ON NO GOVERNMENT FRIENDLY TO RUSSIA CAN ADVISE REPARE FOR SPB1HG GAMPA1GH Kouropatkln will Have 700000 Men at His Command by that Time Jap anese Take Many Prisoners 25000 Arc Surrendered at Fall of Port Arthur BERLIN The highest diplomatic opinion hero is that the surrender of Port Arthur makes it impossible for any government friendly to Russia to advise peace or to unite with any other government for mediation The feel ing at tho Russian court it is assert ed here Is so absolutely for continuing the war that probably not one person who has access to the emperor of Russia could be found who even pri vately favors Russia accepting defeat German military opinion while ack nowledging the large moral effect of the fall of Port Arthur inspiring the Japanese and depressing tho Russians regards it as only an incident and as having little relation to the immense field operations that will begin in the spring General Kouropatkin it is as serted in official circles has 600000 troops east of Baikal of which more than 400000 are already gathered at Mukden It is impossible the German military men aver for the Russians to cease fighting with that army in being which by spring they add is likely to number all told 700000 men The Japanese being full informed of Russias preparations are putting forth every resource to surpass them Field operations of a magnitude not before seen in the war it is believed will begin in a few weeks PARIS Tho official view hero con tinues to regard mediation between Russia and Japan as impracticable The Temps serei officially in a lead ing article says Russia will not consider mediation at a moment when its self esteem is suf fering from the deepest wound and will continue playing its strongest card namely the concentration of an overwhelming force under General Kouropatkin The same opinion is held at the Foreign office and at the Russian embassy TOKIO The Japanese captured 25000 prisoners at Port Arthur The total number of the inhabitants is 35000 of whom 20000 are sick General Nogi reports to the army department that on January S the com missioners of both the Japanese and Russian armies concluded their con ference and that from the morning of January 4 tho actual transfer of war materials at Port Arthur as property of the Japanese government com menced STOESSELS TERMS ACCEPTED Japanese Legation at Washington No tified of the Surrender WASHINGTON The state depart ment received a cablegram from Mr Grlscom the American minister in Japan stating that the minister for foreign affairs of Japan notified him that General Stoessel surrendered Port Arthur at 5 oclock Sunday even ing The legation advices add that the Russians blew up Tunk Keewanshan and Q forts and confirm the press dispatches of the occupancy by the Japanese of the same forts and heights N and M of the blowing up by the Russians of almost all their ships in the harbor entrance and that hostilities had been suspended pend ing the conclusion of negotiations for the Russian surrender The advices received at the Japan ese legation say that General Nigi ac cepted the terms of surrender pro posed by General Stoessel Mr Kogoro Takahira the Japanese minister was asked whether in his opinion the fall of Port Arthur would hasten the end of the war with Rus sia Without directly responding to the fact that while the fall of Port Arthur was impending and its capture by the Japanese inevitable the Rus sians had dispatched the second Pa cific squadron to the fear east and notice had been given of the inten tion to send a third army to Manchu ria The further prosecution of the war now he said rested with tho Russians If they should continue it Japan would be prepared to meet them on sea and land Will Japan now itelcome any of fers of peace that may now be made by Russia he was asked Japan always haB been for peace the minister replied The Japanese will always be for pace if justice can be obtained for all concerned Japan started In this war fighting for a principle and she will continue to fight for a recognition of that princi ple and the just attainment of her rlghtE Three States Join Hands SIOUX CITY la Wholesalers of Iowa NebraKa and South Dakota have instituted an organized move ment to support Roosevelt in his ap peal for more railroad legislation Ev ery jobber proposed to write to his congressman urging especially the passage of the Cooper Quarles bill or legislation calculated to give much needed authority to the interstate commerce commission The congress men are also asked to oppose the plan of legalizing pooling declaring It will destroy competition if Siif4 TEXT OF CAPITULATION Conditions Under Whish Port Arthur Was Given Up TOKIO A telegram trom General Nogi giving the text of the capitula tion convention has been received It Is as follows Article 1 All Russian soldiers ma rines volunteers also government of ficials at the garrison and harbor of Port Arthur are taken prisoners Art 2 AH forts batteries war ships other ships and boats anm am munition horses all materials for hos tile use government buildings and all objects belonging to the Russian gov ernment shall be transferred to tho Japanese army in their existing condi tion Art 3 On the preceding two condi tions being assented to as a guaran tee for the fulfillment thereof the men garrisoning the forts and the bat teries on Etse mountain Sunshu mountain Antse mountain and the line of eminence southeast therefrom shall be removed by noon of January 3 and the same shall be transferred to the Japanese army Art 4 Should Russian military or naval men be deemed to have destroy ed objects named in article 2 or to have caused alteration in any way in their condition at the time of the signing of this compact the negotia tions shall be annulled and the Jap anese army will take free action Art 5 The Russian military and naval authorities shall prepare and transfer to the Japanese army a table showing the fortifications of Port Ar thur and their respective positions and maps showing the location of mines underground and submarine and all other dangerous objects also a table showing the composition and system of the army and naval serv icer at Port Arthur a list of army and navy officers with names rank and duties of said officers a list of army steamers warships and other ships with the numbers of their re spective crews a list of civilians showing the number of men and wo men their race and occupations Article G Arms including those carried on the person ammunition war materials government buildings objects owned by the government horses warships and other ships in cluding their contents excepting pri vate property shall be left in their present positions and the commission ers of the Russian and Japanese armies shall decide upon the method of their transference Article 7 The Japanese army con sidering the gallant resistance offered by the Russian army as being honor able will permit the officers of the Russian army and navy as well as officials belonging thereto to carry swords and to take with them private property directly necessary for the maintenance of life The previously mentioned officers officials and volun teers who will sign a written parole pledging that they will not take up arms and in nowise take action con trary to the interests of the Japanese army until the close of the war will receive the consent of the Japanese army to return to their country Each army and navy officer will be allowed one servant and such servant will bo specially released on signing the par ole Article 8 Non commissioned officers and private of both army and navy and volunteers shall wear their uni forms aud taking portable tents and necessary private property and com manded by their respective officers shall assemble at such places as may be indicated by the Japanese army The Japanese commissioners will indi cate the necessary details therefor Article 9 The sanitary corps and the accountants belonging to the Rus sian army and navy shall be retained by tho Japanese while their services are deemed necessary for the caring for the sick and wounded prisoners During such time such corps shall be required to render service under the direction of the sanitary corps and accountants of the Japanese army Article 10 The treatment to be ac corded to the residents the transfer of books and documents relating to municipal administration and finance and also detailed files necessary for the enforcement of this compact shall be embodied in a supplementary com pact The supplementary compact shall have the same force as this compact OYAMAENDS HIM A LETTER Kuropatkin Notified of Fall of Port Arthur Continued and intense cannonad ing has been heard since dawn along the railroad near Sinchlnpu and Shakhe A resumption of the cannon ading is expected BERLIN The Lokal Anziegers Mukden correspondent in a dispatch dated January 6 says Field Marshal Oyama has sent a letter to General Kuropatkin contain ing the news of the capitulation of Port Arthur and praising the bravery of its defenders The effect of the news was especially confounding last reports anticipating a long resistance It is believed it will influence the sit uation on the Shakhe Warned Away Account Mines WEI HAI WEI The British cruiser Andromeda which sailed from here for Port Arthur with hospital stores and surgeons to assist the sick and wounded returned not having been allowed to make a landing at Port Arthur The cruiser proceeded to a small bay ten miles north of Port Arthur where she met with some Jap anese The latter refused all offers of assistance or stores of any kind and declined to allow the ships officers to approach doner the reason given be ing the presence of unlocated mine3 WORK THIS WEEK CONGRESS WILL NOW GET DOWN TO BUSINESS THE JOINT STATEHOOD MEASURE It Will Have the Right of Vay In the Senate Though Friends Will Not Make an Effort to Push It at Present WASHINGTON The joint state hood bill will continue to be the prin cipal topic of discussion in the senate during the present week but other measures will receive attention each day during the morning hour includ ing the omnibus bill for which Sen ator Waren stands sponsor The bill comprises more than 200 pages but the senator already has succeeded in having it read by utilizing odd hours and thus has put a large aud import ant part of the work of consideration to the rear There will be an effort made to get through the bill provid ing for the compensation of Ameri can fishermen whose vessels were sefed previous to the arbitration of 1893 This measure is in the hands of Senator Fulton who will press it as an act of justice to men who he thinks have been discriminated against The pure food bill will remain in the background for the present not because the friends of that measure have abandoned It but because they consider its chances will be improved by not pressing for immediate con sideration They have been assured by the republican leaders that the bill shall have first place on the calen dar aside from appropriation bills after the statehood bill is disposed of and therefore they will not antagon ize the statehood bill for the present if at all Discussion of the statehood ques tion will begin on Monday with a speech by Senator Morgan and he will be followed by other opposing senators The presnt plan of the op position to keep the dibcussion going mtil some of the appropriation bills are reported and it becomes neces sary to take them up or if his is postponed too long to displace the bill with the pure food bill Failing in all these expedients they probably will seek a compromise The only real fight is against the uniting of Arizona and New Mexico and there Is talk of eliminating those territories entirely from the statehood proposi tion It is believed that if this were done the bill for admission of Indian Territory and Oklahoma woua be passed Thus far there has been no conference of opposing factions on the subject and possibly there would be little done to change the present status so long as the leaders are anx ious to keep other matters In the background as appears to be the case at present PROGRAM OF JAPS Naval Station Will Be Established at port Arthur TOKIO The Japanese intend to es tablish a naval station at Port Ar thur Vice Admiral Y Shibayama will probably be placed in charge of it The military administration will only retain a small garrison as soon as the prisoners are withdrawn and order is restored The fleet is busily engaged in clearing mines but owing to their great number navigation will be unsafe for a long time Only gov ernment craft will be allowed to enter the harbor It is probable that Dalny will soon be opened up to neutrals Japanpse companies are preparing to establish weekly services to that port It is proposed shortly to float a fourth domestic war loan under the same conditions as the third was ne gotiated The transfer of prisoners was com pleted yesterday afternoon The total number of officers transferred was 878 men 23401 General Stoessel and the other Russian officers who have been given their parole will be brought to Naga saki on a Japanese transport It is probable they will remain at Naga saki for a few days and will then sail for Russia on a French steamer via the Suez canal MEMORIAL FOR DEAD LEADER Tribute of Chicago Orchestra to Theodore Thomas CHICAGO Thousands of persons eager to pay tributes of respect to the memory of Theodore Thomas were turned away from ihe Audi torium theater Sunday night because every seat in the hall was occupied fully half an hour before the time set for the memorial concert by the Chicago orchestra for its dead leader While the public memorial service was being held in tho Auditorium a program of the dead musicians fa vorite numbers was also being ren dered in many halls throughout the city Sugar Bounty Law is Void LINCOLN Neb The supreme court of Nebraska has decided that the sugar beet bounty law enacted at the legislative session of 1S35 is void The law provided a bounty on sugar manufactured from Nebraska grown beets but subsequent legislatures re fused to make an appropriation for the payment The Oxnard Beet Sugar company and the Norfolk company brought suit to collect 510000 in pre miums from the state The lower court decided against the companies and the supreme court affirms SITUATION AT PORT ARTHUR Town Not as Badly Damaged as Re ported LONDON Special dispatches from Tokio say that the Port Arthur garri son was marshaled at 9 oclock Thurs day morning at Yahutsui in accord ance with the terms of the supple mentary agreement The Standards Port Arthur corre spondent reports that the town ap pears to have been little damaged by tho bombardment Carriages and rickshas he says are moving about with well drossod people who appar ently are anything hut starved The ruined forts resemble hills shaken by a might convulsion and In many crses every trace of the works has disappeared According to the Daily Mails Wei Hai Wei correspondent the British cruiser Andromeda which sailed from Wei Hai Wei Wednesday morning for Port Arthur with hospital stores and surgeons and which was not allowed to make a landing at Port Arthur had a narrow escape having passed two floating mines Japanese officials in London con sider that it was solely on account of the danger of the vessels taking mines that the Andromedas offer was de clined It is stated however that the British admiral omitted the formality of first asking whether assistance was acceptable to the Japanese author ities RUSSIAS FATE IN BALANCE St Petersburg Editor Discusses Pres cnt Cor ion in East and Locally ST PETERSBURG Regarding the peace talk abroad M Souvorin edi tor of the Novoe Vremya in a signed editorial in that paper passionately declares that the voice of the nation should give an answer in order that the world might understand once for all Russias position The emperor he added should consult with represent atives of the land as his predecessors did before the days of John the Ter rible While papers abroad now say that peace could be concluded with out dishonor if peace were made they would declare it disgraceful What the people want he M Souvorin cannot affirm but the idea of ending the war at this juncture is ahhorent to him and he believes to the Rus sian people If the inscriptions on tho banners of demonstrators and the ac tion of some of the zemstvos in favor of peace represented the voice of the nation it would mean the collapse of all of Russias aspirations and fare well to its position in the nations of the world TAYLOR MAY LEAVE CASE Smoot Prosecutor Receives Federal Appointment and May Retire WASHINGTON Robert W Tayler of Ohio appointed to be judge of the United States district court of the northern district of Ohio called on the president to pay hi- respects and to thank him for the appointment Mr Tayler expects to assume his new duties on February 1 on the retire ment of Judge Francis J Wing re signed At present Mr Tayler is the principal attorney for the protestants in the inquiry whch is being made by the senate in the case of Senator Smoot of Utah It Is expected that the formal Inquiry by the committee will have been concluded by February 1 but if it should not be Mr Tayler will withdraw at that time All Prisoners Turned Over WASHINGTON The Japanese le gation received the following cable gram from the foreign office at Tokio under date of Jan 8 General Nogi on Sunday reports deliver of Rus sian prisoners under capitulation was completed on Saturday The total cC the prisoners were 878 officers and 23491 men whereof 411 officers and 229 orderlies have given parole so far General Smirnoff General Fock Gen eral Gobatovsky and Admiral Will mann preferred to bo sent to Japan as prisoners Russian Prsorers Jolly HEAPQURTERS OF THE THIRD JAPANESE ARMY VIA FUSAN The Russian prisoners while waiting at Chanckingstu a railway statio for transportation to Dalny celebrated Christmas Religious services were held in the morning at 10 oclock and the assemblage of prisoners was ad dressed by a Russian priest in full canonical dress After the services there was music and dancing on the open ground in front of the station An daughter of a Russian officer was among the prisoners In Memory of Golden Rule Jones NEW YORK A memorial mooting in honor of the late Samuel M Jones I who for several years was mayor of Toledo O was held Sunday night at Cooper Union Nearly 2000 persons attended Over 24000 Men Transferred TOKIO The transfer of prisoners was completed Sundav aftprnoon The total number of officers transferred was 878 men 23491 Shoots Two Hous Breakers CHICAGO Sitting on guard each night for over a week for the reap pearance of burglars who had enter ed his office on several previous oc casions Thomas J Campbell a real pstate dealer reaped the reward for bis long vigil when two robbers forced an entrance to the office ajid were both shot by Campbell before they could make their escape Joseph Slcer was shot in tne body and will die The other robber namr unknown managed to escape but not before he had been shot in the ley NO PEAGESOUGHT NEITHER RUSSIA NOR JAPAN ASKING FOR IT THE WAR TO BE PROSECUTED The Mikado It is cald Has Made No Overtures and Has Not Been Ap proached in Regard to the Matter of Intervention WASHINGTON Japan has made no overtures for peace to Russia di rectly or indirectly through tho United States or any other power and contemplates no such action and now that Port Arthur has fallen pro poses to press the war In tho north all the moro vigorously by reinforcing the Japanese armies at Liao Yang with the greater part of tho troops which have been besieging Port Ar thur This in brief represents tho views of Kogoro Takahira tho Jap anese minister who has recently re sumed charge of the legation at Wash ington after a long illness at New York The fall of Port Arthur said tho minister is but a step In tho war which Japan is waging for a princi ple Certainly it is an important step but nothing could be further from tho truth than the assumption that be cause Japan has captured a strong hold the fall of which had long been expected tho Japanese government will now make overtures for pence Japan is too busy fighting Wo arc as much in earnest today as we were at the outset of the war We havo mado no overtures for peace either directly or indirectly nor have tho powers ap proached us with any idea of inter vention At the Russian embassy it was re iterated that Russia would fight all tho harder in view of the temporary loss of Port Artnur Europe it is learned is firmly of the conviction that however dark tho outlook for peace at this moment when the prospect brightens it is to President Roosevelt that the neutrals as well as tho belligerents will look for the intermediary through which ne gotiations can be made As a Euro pean ambassador said today the American government is practically the only government to which both belligerents will be willing to look for assistance in reaching a settlement when the time comes and aside from this fact the high personal regard in which the president is held both at St Petersburg and Tokio makes it all the moro probable that through him when Russia and Japan have fought their fight the powers must hope for peace AS TO FORESTRY Chief Executive Speaks Before the Congress WASHINGTON President Roose velt was the principal speaker at a special session of the American For est Congress held Thursday at the National theater The president ac companied by Secretary Loeb arrived at the theater promptly at 3 oclock He was escorted to the stage entrance and as he appeared before the im mense audience which filled every part of the house the people received him standing while the theater rang with applause and the orchestra play ed a patriotic air President Howard Elliott of the Northern Pacific presided at the morn ing session The board of directors re ported action looking to the creation of an advisory board of the forest congress to consist of representatives of various industiial bodies and to meet annually in Washington Charles F Manderson general soli citor of the Chicago Burlington Quincy and former United States sen ator from Nebraska characterized the preservation of the timber industry of the country as the paramount is sue and ursrod the planting and hus banding of timber wherever trees can be grown H rrioke of the enormous demands for ties Of the ties now on the railroal tracks of the country ho said 10 per fi nt Ime to bo replaced annually their average cost is 50 cents making an annual expenditure for this purpose of 5i3onftnOn v hich is exclusive of the labor employed and the cost of local transportation No feasible substitute has been found for the wooden tic He urged the rub jugation of private rights to public necessity the study of means for elim inating waste and mismanagement and the repeal of the timber and stone land sale act Other addresses were made by J T Richards chief engineer maintenance of way Pennsylvania railroad President L E Johnson of the Norfolk fc Western railroad and Herman von Schrenk of the Bureau of Forestry The latter detailed the good results already announced in the pres ervative treatment of railroad tim ber to prolong their durability Mr von also gave some facts adducpd in recent experiments by the government showing tht con trary to many reports the injection of creosote into wood brings about no brittle and weakened condition of the wood Whippmq Post Advocated WASHINGTON The local grand jury in making it final report for the present term of the suoreme court for the District of Columbia today rec ommended the establishment of the whipping post in the District The question has been considerablv agi tated ever since the president in his last annual me5sag8 recommended corporal punishment for wire beater in the District of Columbia A rec ommendation that persons about to be married produce evidence of freedom from certain diseases also Is made r 1