WJJHi
A NEW DISEASE ABROAD
inBfgCT
OLD LAW STANDS
THE SUPREME COURT DECIDES
AGAINST NEW MEASURE
THREE OF THEJUDGES CONCUR
New Enactment Would Extend Tenure
of Office in Violation of the Organic
Act Officials That Will Be Voted
For in the Autumn Election
LINCOLN Neb The biennial elec
nial election law has been declared
void Chief Justice Holcomb Is the au
thor of the opinion and it was unani
mously approved by the other judges
The law which seeks to do away with
odd years elections was declared un
constitutional because the judges
thought it sought to extend the tenure
of office of officials whose terms were
fixed by the organic law
The decision makes it necessary to
hold elections this fall for supreme
judge regents and county officials
Chief Justice Holcomb in discussing
the argument that the legislature has
a right to interpret the constitution
when it bears on subjects of a politi
cal nature and that the rule contend
ed for seems reasonable but that it
cannot be given the weight urged be
cause the provisions of the constitu
tion will not bear a construction per
mitting the legislature to change the
time of holding elections for judicial
offices and extending their terms one
year The court says
The conflict is so palpable that the
legislative enactment must give way
The action of the legislative
branch of the government is entitled
to and should receive from the judicial
department the greatest respect and
deference This has been freely ac
corded and ever kept in mind in the
consideration and discussion of the
case at bar The court should and does
approach a conclusion resulting in a
holding that the law is unconstitution
al with great caution and hesitancy
The wisdom policy and expediency
of the law have not been allowed that
we are conscious of to in the slight
est degree influence our decision We
have endeavored to keep within the
legitimate sphere of action belonging
to the judiciary And insofar as hu
man fallibility yermits us to reach a
conclusion from a strictly legal and
judicial standpoint the final and ulti
mate construction of the constitution
is by that instrument intrusted to the
court We have endeavored to dis
charge the trust thus reposed in the
tribunal over which we for a time
give expression to its utterances and
decrees according to the meaning ex
pressed or arising by necessary impli
cation In so doing we are unable tc
escape the conclusion that the legisla
tive enactment in controversy con
flicts with several of the provisions of
tha fundamental law and that the
former must give way and be declared
without legal force inoperative and
void
ILLNESS DELAYS
WORK OF PEACE
WASHINGTON It is learned
through official sources that owing to
the illness of Count Lamsdorff the
Russian foreign minister there has
been a slight check to the negotiations
affecting Russia and Japan It is
specifically stated however that this
does not imply that there has been
any hitch but simply that the negotia
tions have been unavoidably delayed
for the reason given
The Lazy Worm Afflicts 100000
Porto Ricans
WASHINGTON According to a re
port recived by the surgeon general
of the army from Captain B K Ash
ford assistant surgeon and head of
tne Porto Rican anemia commission
95 per cent of the 100000 Porto
Ricans living in the vicinity Abonin
ito near the center of the island are
afflicted with the lazy worm Head
quarters and a field hospital have
been established by the commission
at Aboninito and an appropriation of
15000 will be expended in the eradi
cation of disease according to the
methods so successfully applied by
Captain Ashford last year
REPRIEVE FOR MRS ROGERS
Woman Sentenced to Hang Granted
Stay of Sentence
BRATTLEBORO Vt A reprieve
until December 8 for Mrs Mary M
Hogersr the condemned murderess
was signed Thursday by Governor
Charles Bell and for the third time
the woman who was to have been
hanged at Windsor on the 23rd for
killing her husband has been saved
through the operation of the gover
nors power of staying the execution
The reprieve was granted in order
that the case may be carried to the
supreme court of the United States
on constitutional questions raised at
a hearing before Judge Hoyt H
Wheeler
SIGN POSTAL TREATY
WITH PANAMA
WASHINGTON The postmaster
general and Minister Obaldia of Pana
ma signed a postal treaty between the
two countries effective July 19 1905
under which the rates and conditions
applicable to articles for the inde
pendence of Panama are made uni
form with those in force between the
United States Canada Mexico and
Cuba
CAN TAKE AWAY WOUNDED
War Department Grants Request of
Russian Admiral
WASHINGTON In response to a
request cabled the war department by
the governor general of the Philip
pines in behalf of the Russian Admir
al Enquist to be allowed to return
his sick and wounded officers and men
upon giving their parole not to en
gage in hostilities during the war
and to be allowed to bring certain
material for repairing damaged ships
the secretar has sent the following
cablegram
You may allow Russian admiral to
embark his sick and wounded officers
and men on Russian hospital ship
daily expected upon their giving pa
role not to engage in hostilities during
the Avar You may also allow them to
bring from Shanghai material for re
pairing vessels other than munitions
of war such as cordage sail cloth
waste and oil for machinery etc but
the vessels are still to remain in in
ternment
SUPPORT PRESIDENT AND
OPPOSE TAFTS POLICY
MANILA The federal convention
has reassembled After a heated dis
cussion it was resolved to place
among the resolutions a section advo
cating the policy of President Roose
velt to transform the government of
the islands by permitting government
by Filipinos with the assistance of
Americans The federals believe that
if this policy be followed constantly
and progressively it will result in com
plete self government
AS TO ARMISTICE
Negotiations Progressing That May
Stop Fighting
WASHINGTON It is intimated in
official circles that negotiations are
proceeding looking to an armistice be
tween Japan and Russia
The stumbling block in the way of
an armistice appears to be that neither
belligerent is willing to take the ini
tiative The present negotiations it is
understood will consist of an effort
to sound one or both governments as
to their willingness to agree to an
armistice
There will be no official announce
ment here regarding the probabilities
of an armistice before the president
returns nor is it certain that even
then will there be anything to make
public The feeling in official circles
here is strongly in favor of a cessa
tion of hostilities as it is believed a
clash before the peace conference
would hamper the work of the pleni
potentaries and that would prove a
serious menace to their efforts for
peace
Si PETERSBURG M Nelidoff
Russian ambassador to Paris has been
definitely appointed one of the Rus
sian peace plenipotentaries
M Nelidoff is a skillful Russian
diplomat who as ambassador at Con
stantinople for a number of years
handled some of the worst problems
connected with Russias near eastern
politics He nv6 Sir Philip Currie the
British ambassador to Turkey in 1S96
had some historical tilts on the field
of diplomacy and it was reported at
the time that Sir Phillip charged his
Russian colleague with double dealing
In any case the sultan conferred on
M Nelidoff the Order of the Medjid
iah and it was reported that the Rus
sian ambassador was to be promoted
which would indicate imperial approv
al of his diplomacy
In November 1903 M Nelidoff was
transferred to Paris and Prince Our
oussoff who was Russian ambassador
to France succeeded M Nelidoff at
Constantinople
President Roosevelt has taken a
new and important step in the ne
gotiations between the belligerents
While there are collateral reasons for
believing that it relates to an arm
istice which will prevent the impend
ing battle in Manchuria this cannot
be positively affirmed All that can be
stated definitely is that Ambassador
Meyer went suddenly to the foreign
office late last night and had an in
terview with Foreign Minister Lams
dorff when it is believed the ambassa
dor communicated an important mes
sage from President Roosevelt but
neither the foreign office or embassy
has the light thrown on what trans
pired
SAYS THAT DIVORCE IS
UNDERMINING SOCIETY
NEW YORK Bishop Farley de
clared at Carnegie hall at the com
mencement of the College of St Fran
cis Xavier that the evils of divorce
were undermining the walls of our so
ciety and that they would soon col
lapse if nothing was done The bishop
said inpart A continuance of the
evil of divorce or the slighting regard
for the marriage convenant must
shortly lead to the downfall of society
nay it is even now falling and must
soon be dragged in the dust We sea
that it is going to pieces
Get-Rich-Quick Man Arrested
CHICAGO 111 Justus W Lobb
president of the Continental Finance
company was arrested Friday night
on a federal warrant charging him
with using the mails in a scheme to
defraud and in the conduct of a lot
tery The Continental Finance com
pany was several days ago placed in
the hands of a receiver on the com
plaint of a number of people who had
invested money in the concern on the
promise of quick and large returns
which they had in many instances
never received
HEARING PROTEST
ADMINISTRATION OF THE CHI
NESE EXCLUSION ACT
I PRESIDENT CHANCES METHODS
Certificates for the Exempt Class
Will Be Issued by American Con
suls and Will Be Accepted Without
Further Examination at All Ports
WASHINGTON By the direction
of President Roosevelt action has
been taken by the administration
which not only will facilitate the land
ing in this country of Chinese exempt
classes but will also eliminate from
the emigration bureau such adminis
trative features as have been subjects
of criticism by Chinese It is the de
clared intention of the president to
see that Chinese merchants travelers
students and others of the exempt
classes shall have the same courtesy
shown them by officers of the immi
gration bureau as is accorded to citi
zens of the most favored nations
Representations have been made to
the president that in view of alleged
harsh treatment accorded to many
Chinese seeking a landing in the
United States the commercial guilds
of China have determined to institute
a boycott on American manufactures
The representations backed by the
authority of the American Asiatic so
ciety and commercial bodies through
out the country induced the presi
dent to make an investigation of the
situation with a view to remedying
the evils complained of if they were
found to exist The subject was dis
cussed thoroughly by the cabinet and
the president took it up personally
with Secretary Metcalf of the Depart
ment of Commerce and Labor who
has supervision of the immigration
bureau
As a result of the inquiry orders
have been issued to the diplomatic
and consular representatives of the
United States in China by the presi
dent himself that they must look
closely to the performance of their
duties under the exclusion law and
see to it that members of the exempt
classes coming to this country are
provided with proper certificates
These certificates will be accepted at
any port of the United States and
will guarantee the bearer against any
harsh or discourteous treatment Such
treatment indeed will be the cause of
the instant dismissal of the offending
official whoever he may be
In addition to the presidents or
flers Secretary Metcalf has issued in
structions to the immigration officers
which it is believed will remedy the
difficulty heretofore complained of by
the Chinese government and individ
uals It is anticipated that the prompt
action taken by this government to
meet the objections made by the Chi
aese will eliminate the possibility of
serious trade difficulties between
China and the manufacturers of this
country
EXODUS FROM LODZ
Thousnds of People Are Fleeing from
the Terror Stricken City
LODZ Russian Poland The most
serious phase of the fighting between
the military and strikers is at an end
but there are still isolated attacks in
the suburbs At Baluty Sunday
morning Cossacks attacked a Jewish
family of five persons who were driv
ing in a cab to the railway station
and shot and killed them all includ
ing the cabman
At Pabjanice near Lodz workmen
attacked two policemen and shot and
silled one and wounded the other
There is a general exodus from
Lodz Telve thousand persons have
already left and all trains are crowd
ed
Eighteen Killed in a Wreck
BALTIMORE Md By far the
worst wreck m the history of the
Western Maryland railroad occurred
Saturday evening at a point about a
quarter of a mile from Patapsco a
small station between Westminster
and Finksburg At least eighteen peo
ple were killed and a score more in
jured
Carrying a Bomb
WARSAW Russian Poland A man
carrying a bomb was arrested here
in front of the Malewki palace station
He refusad all information regarding
himself
MR PAUL MORTON
PROPOSES TO KNOW
NEW YORK A new and important
investigation of the affairs of the
Equitable Life Assurance society is to
be begun at once Paul Morton the
newly elected chairman of the board
of directors wants to know exactly
how things are with the society and
pas commissioned Prince Waterhouse
Co and Haskins Sells chartered
accountants working together to ex
amine every detail of the work in
vestments and relatidn of the society
WILL CO WITH PEARY
TO THE NORTH POLE
NORWAY Me Miss Mamie Babb
a school teacher here has signed a
contract to accompany the Peary
Arctic expedition in the dash for the
North pole which starts from New
York July 5
Miss Babb will go as the official
stenographer of the expedition and
will get a big salary
She is 20 years old and a graduate
of Barnard college New York
OUTLOOK NOT ENCOURAGING
Little Hope of Armistice Until Peace
Commission is Perfected
WASHINGTON Mr Takahlra the
Japanese minister returned to Wash
ington Friday afternoon from a visit
of several days in New England and
called at the White House at night
where he was received by the presi
dent and remained for three quarters
of an hour The minister would have
nothing to say about his conference
or the situation at this time beyond
remarking that some matters must
be settled first
The fact that the minister could
give no assurances regarding an ar
mistice prior to the convening of the
Washington conference tends to con
firm the belief in official circles here
that little headway has yet been made
by the president in this direction Up
to a late hour Friday afternoon the
Russian reply to the presidents sug
gestion regarding an armistice had
not been received and until this reply
is received the result of this phase of
the negotiations cannot be known
JAPANESE FORGES
PURSUE THE RUSSIANS
TOKIO The following dispatch has
been received from the headquarters
of the Japanese armies in Manchuria
In the vicinity of Yingecheng June
21 a thousand of the enemys infantry
pressing our scouts advanced and
when they reached Hsiangyangcheu
ten miles southeast of Wankautzkeau
or forces repulsed them with heavy
loss and pursued them to the vicinity
of Weiyuanpaomen
After our force which occupied
Yangmulintzu June 19 had completed
its mission it returned
The enemy consisting of three bat
talions and four squadrons with
twelve guns advanced through the
eastern districts of the Karin road
and moved southward June 21 From
1130 in the morning his infantry
gradually appeared on the heights be
tween Chapengan and Lichiatun and
his artillery posted on the heights of
Lienhuachies shelled the northern
heights of Nantchendzy Our force
after a few hours engagement as
saulted this offensive and completely
repulsed the enemy captured the
heights and pursued him
HELPS THE MAIL SERVICE
Postoffice Department Appreciates
Fast Trains
WASHINGTON The expedition of
the mails as the result of the opera
tion of the new fast trains is an
nounced in the following statement is
by the postoffice department
The limited trains recently estab
lished between New York and Chicago
on the Pennsylvania railroad and the
New York Central Hudson River
and Lake Shore Michigan South
ern railroads which clip practically
five hours from the running time be
tween the two cities have enabled the
postoffice department to expedite very
materially the delivery of mails from
points in New England New York
City Philadelphia Harrisburg Balti
more and Washington for Chicago and
nearly all points in the west and south
west Mails are delivered in St Paul
Omaha and all points beyond twelve
hours in advance of their former ar
rival at those points
GETTING AFTER THE RASCALS
Outcome of Fraud Investigation in
Chickasaw Nation
WASHINGTON The department
of justice was officially advised that
as the result of the investigation into
the alleged frauds in connection with
the government of the Chickasaw na
tion Indian Territory Treasurer
Ward and Governor Johnson and ex
Governor Moseley of the Chickasaw
nation United States Marshal Col
bert Banker Purdom and Attorneys
Mansfield McMurray and Cornish and
others have been indicted for reissu
ing school and general bond fund
warrants of the Chickasaw nation
The school warrants were issued in
lieu of immediate money payments for
various educational purposes A con
siderable amount of these had ac
cumulated and congress at its last
session appropriated 330000 of the
Chickasaw nation funds to meet their
payments
THOUSAND YEARS SENTENCE
Texas Jury Imposes Penalty on Negro
Assailant
ST LOUIS Mo A special to the
Republic from Waco Texas says In
the case of Lee Robertson a negro
charged with attempted criminal as
sault upon a white woman the jury
brought in the following verdict
We the jury find the defendant
guilty as charged and fix his punish
ment at confinement in the state
prison at one thousand and one
years
The spectators in court cheered
when the verdict was read despite
the admonitions of the court
Model Arbitration Treaty
BERLIN Congressman Bartholdt
of St Louis Mo president of the in
terparliamentary union to promote in
ternational arbitration has been here
for nineteen days looking over the ma
terial supplied by the foreign office to
assist him in drafting the model arbi
tration treaty which the union asked
him to prepare Mr Bartholdt will
visit some of the other European for
eign offices with the same object be
tween now and the meeting of the
union at Brussels August 28
ONTGETNEARER
TWO NATIONS APART ON THE
MOROCCAN QUESTION
NOTE ON THE OBJECT ARRIVES
Premier Rouvler Not Inclined to Make
Much Concession Contents of His
Note a Distinct Disappointment to
Berlin Diplomats
BERLIN The French note on tho
t
subject of the proposed Moroccan con
ference was handed to the foreign
office Friday morning Owing to its
great length It had to be sent by mall
to Berlin instead of by telegraph
The foreign office while declining
to discuss the points of the note in
detail admits that it leaves the situ
ation where it was before The points
of disagreement between Germany
and Franco have not been removed
It is expected that the negotiations
will continue a long time before a
positive decision is reached
Germanys answer to Premier
vier has not yet been considered It
will require considerable time in or
der to meet all the points raised
AVhile the delay might under ordin
ary circumstances be of advantage in
affording time for the conference to
decide the German circles note with
some concern that powerful intrigues
are going on having for their object
war between Germany and France
Germanys intentions remain thor
oughly pacific but government circles
here apprehend the possibility that
these intrigues will result in inflaming
the French people aainst Germany
and creating a delicate and compli
cated situation
The evening newspapers frankly ex
press their disappointment at the
French note Much has been staked
upon Prier Rouviers ostensible wish
to come to an understanding with
Germany but the Vossiche Zeitung
discussing the note says that Rouvier
is continuing M Delcasses policy
without M Delcasse
The newspapers all emphasize the
fact that the French note leaves the
differences where they were before
regarding their bearings upon the pro
jected Moroccan conference It is re
marked that M Rouvier has just suc
ceeded in leaving room for an accept
ance of the conference if this becomes
absolutely necessary but as the Post
remarks the French premier takes a
stand that look s strikingly like a
polite but a shamed refusal and the
Vossiche Zeitung agrees with the Post
in saying that his answer comes
nearer a refusal than an acceptance
of the conference
AN ANGEL OF PEACE
TO THE WORLD
WASHINGTON Cardinal Gibbons
who is in Washington on church busi
ness paid a call on the president ac
companied by Dr D J Stafford rector
of St Patricks church of this city
The cardinal congratulated President
Roosevelt upon his success in the ne
gotiations for peace between Russia
and Japan
He is an angel of peace to the
world said Cardinal Gibons allud
ing to the president and the world
owes him a great debt He deserves
congratulation and praise for his noble
efforts
MAY ABANDON CONFERENCE
France and Germany Said to Have
New Solution in Morocco Case
PARIS Speculation is rife regard
ing the probable purport of Germanys
reply to the French note regarding
the proposed international conference
over Moroccan affairs which reply
has not yet been received The state
ment that Germany would refrain
from replying before further verbal
explanations took place between Pre
mier Rouvier and Prince Radolin the
German ambassador is not regarded
seriously in well informed circles
where it is thought probable that an
interview will not take place before
Wednesday when the reply from Ber
lin may reach Paris but the officials
are without definite information on
this point It is alleged that the con
tents of the reply were given out Sun
day in which Germany requests a
clearer statement of the French pro
gram for Moroccan affairs suggest
ing that each subject be discussed
separately in accordance with the
terms of the Madrid convention the
two points principally referred to be
ing coast trading and frontiers and
that should France accept Germany
would abandon the idea of the confer
ence
Selects Plenipotentiaries
WASHINGTON It is reported un
officially that President Roosevelt at
a late hour Sunday night was In
formed by Mr Meyer the ambassador
of the United States at St Peters
burg of the selection of the Russian
plenipotentiaries
ASK FOR REMOVAL
OF GREEK CONSUL
SAN FRANCISCO Cal A petition
signed by 575 representative Greeks
and Greek business men of this city
has been forwarded to King George of
Greece asking for the removal of the
present Greek consul in this city John
Kapsimallis and the reappointment of
Henry S Martin who was recently re
moved The petition charges Kapsi
mallis with wrons doing
ts
ELEVEN PERSONS KILLED
Twentieth Century Limited on the
Lake Shore Wrecked
MENTOR O Running at tho rato
of more than fifty miles an hour tho
Twentieth Century Limited on tho
Lake Shore railroad dashed into an
open switch at the passenger station
here shortly before 10 oclock Wed
nesday night Eleven persons were
killed and twelve or fifteen badly in
jured The combination baggage and
smoking buffet car caught fire and was
destroyed
CLEVELAND O The list of fatal
ities in Wednesday nights wreck of
the Twentieth Century flyer on the
Lake Shore railway at Mentor O is
one of the largest In the history of
that road numbering nineteen persons
All the victims were prominent in the
business and professional world in
New York Chicago Cleveland and
other cities
BODY OF GOMEZ
LAID IH THE GRAVE
HAVANA The body of General
Maximo Gomez was interred here
after a funeral service so replete with
demonstrations in honor of the dead
general as to lead in several instances
to scenes of disorder The most seri
ous trouble occurred while the great
procession was passing Central Park
Avhen some reckless young Cubans
rushed toward the field gun casson on
which the generals remains were
borne demanding permission to carry
the body They were thrust back and
then a bigger crowd rushed forward
and swayed back and forth across the
broad street temporarily disorganizing
the procession
THE LAKE SHORE WRECK
A Man Under Suspicion of Having
Caused the Same
CLEVELAND O A man under
suspicion of having caused the Lake
Shore wreck is being shadowed and
secret service men are tracing his
actions on the night of the wreck and
expect to be able to show that he was
in the neighborhood of the switch
which is said to have been tampered
with
A bag containing jewels valued at
82000 the property of S C Beck
with of New York supposed to have
been stolen from the wrecked train
at Mentor was found Fridaj It had
been picked up in the wreckage and
brought to the Lake Shore claim
agents office in Cleveland Before the
whereabouts of the jewels was known
a search had been started for them
on behalf of Mrs Beckwith Mr Beck
with died soon after being removed
from the wreck
State Railroad Commissioner J C
Morris who started an investigation
of the wreck is quoted as saying that
the switch was undoubtedly open and
that some one set it that way just a
short time before the flyer struck it
He also stated that the engine did not
leave the rails until it had traveled
fifty feet on the side track
WANT THE LAW AMENDED
Changes Desired in the National
Guard Bill
WASHINGTON The national guard
of the country will ask congress at
its next session to amend the Dick
bill reorganizing and making the
guard a part of the national defense
The proposed legislation has been
carefully prepared It originated with
the officers of the national fjuard and
had incorporated in it certain sug
gestions from the war department
thus giving it governmental approval
Its principal feature is the doubling
of the annual federal appropriation of
1000000 for armament and encamp
ment purposes which is said to be
imperatively necessary to properly
equip and instruct the men Other
features of the bill embrace a provi
sion for paying the actual expenses
of officers making inspection tours In
connection with the promotion of rifle
practice regulations governing the
auditing of accounts incident to en
campments and giving the secretary
of war discretion as to what shall
constitute proper incidentals for such
encampments for which the govern
ment is to pay
BLAME BRITAIN FOR DELAY
Alleges England Would Have Battle
Before Commission Meets
ST PETERSBURG The Novoe
Vrema Tuesday printed a dispatch
from London in which its correspond
ent declared he was in possession of
informaion to the effect that the Brit
ish were advising Japan against the
conclusion of an armistice Russia
the dispatch added is not considered
to be sufficiently weakened Great
Britain hopes that Field Marshal Oya
ma will succeed in destroying General
Linevitchs army and thus relieve it
Of the nightmare that the army may
later be shifted to the borders of Af
ghanistan for operations against In
dia
Scandal in the Territory
WASHINGTON The Department of
Justice was officially advised that as
the result of the investigation into
the alleged frauds In connection with
the government of the Chickasaw
na
tion Indian Territory Treasurer
Ward former Governor Moseley and
Governor Johnston of the Chickasaw
nation United States Marshal Colbert
Banker Purdom and Attorneys Mans
field McMurray and Cornish and
others have been indicted
for
re
issuing school and general fund war-
rants of the Chicsasaw nation
n
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