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SEWCE N CDMPANY A6EHTS
(.- ,
- t .- " r--rs-', -ivx
I4ccla; .iJCeb.-rAhtidtatinB;"the ac
tion 'Jof. the Tiaroad&'cNebrESfea, Attorney-,'
General V. J", Tlfjni))Son.
shortly Were midnight Saturday, fil
ed aa injunction suit in the sujjreuie
court cf the state asking that the Un-
ion? feificHurlington.- .Missouri Fa-;
. cific and llock Island 'railroads be en-
loinedS frcm violati'-g the 2-ceqt fare'
law fVlfMunnfoftrf rate law. tlie anti-?
Xree TfesPlflrtW and j from lefing or
ignm-iigi2)rerstp the, state, railroad
ConteitFlon. It is ueneyeu uie ?"
tras instituted for the purpose of get
ting tlie 'laws menlibnedbsfofc the
etate' courts before the rafircads seek
to test them iH-the;Tedferal ctourtsAt-'
torneitelsay tw' coVt ,ttal first -gets
jurisdiction will. Jn all probability,
"hold jurisdiction- f If this: holds. good,
instead of the laws of the lastegis
lature bein' set aside by injunction
in the federal court aj the request of
the railroads the principal railroads
in the state will find themselves en
joined fronV interfering with the en
forcement of; railroad Megis.lation ex-j
cept in the state courts. The filing of
.. .. 'i 1.. .. fi
tne suit gives yiesupicuiu wmt
Nebraska jurisdiction over' tfca sub
ject matter. "! , i
The 2-cent fare law is now in force.
The maximum rate law goes into ef
fect July 5. The atorney general will
be able to go into court at any time,
under rthe application made, and ask
for either a temporary or permanent
injunction. ".
The petition alleges that the rail
roads threaten to put into effect a, rate J
bigtierithqn the 2-cent fare law unless
"restrained, that the maximum rate
lav.-, which makes a reduction, of 85
per cent -of the rates, charged January
1 on live stock, potatoes, grain, grain
products, fruit, coal, x lumber and
building material will be violated and
greater jra'tesl put into effectf-and are
neglecting Id prepare schedules based
on the law; that the defendants have
issuei passeianj4. will; issue passes,
contrary to the terms of the anti-free,
pass law,' and r&lJe discrimhiatory;
rates; that ;tia defendants have defied
the orders of Ihe railroad comiiissicn
of the "state and denied its authority
to regulate interstate rates, both pas
senger nd freight, and have conceal
ed from the commission at-3 from the
public the .condition of the aefenants1
business, and ref used to disclose the
true coni'.ition. From doins these
things enumerated the attorney gen
eral asiis that the roads be enjoined
and restrained.
SHAKEUP AT SAN FRANCISCO.,
Successor toySchnjitzrWSU Bs Ch:sn
ear.ci Cleanup Made, c
Saa Francsea A radical chan;e in
the executive branch of San Fran
cisco's government is contingent on de
velopments in the case of llaycr
Schmitz, who is 'temporarily iucap:'?!
tated by reason of his imprisonment in
the county jail. j
Thdate forlhe passing'of sentence
on Mayor Schmitb in the extortion
cases on which he has been convictpd
hast: been' set for June 27. Trior' to
that date he cannot possibly procure
bail, according to the decision of Jud?e
Dunne.jbut he law provides that, af jer
judgment has: been passed the matter
of ellowing bail is discretionary with
any magistrate having jurisdiction.
CONVICTED OF TIMBER FRAUDS.
Jury in Idaho Federal Court,, Says
Guilty in Cases, of Three.
JIoscow, Idano The jury in the
North-Idaho land conspiracy cases le
turned a verdict of guilty on two of the
five counts of the indictments against
G. H. Kester, .William DwyerandjW.
F.jKettenbach, and acaaltted them ra
the other three counts. "' The prosecu
tion regards the verdict as a signal
victory which paves the way for the
prosecution of similar cases which will
bejtried atthe faU.term of Ahe. federal
courL4 C A '? " " J'' "'
Workman Electrocuted at Lincoln.
Lincoln, Neb. G. C. Fuller of Full
bright, Tex., a workman employed by
the Lincoln Traction ccmiany. was
electrocuted while cleaning out a boi!
er'aOthe power piant. He went into
thi boiler carrying an incandescent
light attached to a cord.
.T-lowan Commits Suicide.
fealLLake City H. A. Mainquist.
former ho'flem'an, died here from mor
phine taken with suicidal intent. -Poverty
-was Ihe cause of his . despond
ency. He came originally from Red
Oak, Iowa.
J
To Establish Tuberculosis Hospital.
fet Louis Dr. Charles T. Hibbett;
medical inspector of the United States
army, who has been stationed at the
na"vy recruiting office here since Fet
rrary, departed for Washington,'.!).- C,
to confer with the surgeon general' of
the navy concerning the " proposed
erection cf a? modern tuberculosis
hospital at New Fort Lyon, Colo. The
new hospftalrlt ia announced -in.naval
clracles, is, to be for the use. of exclu
sively of the men and officers of the
navy, who may contract the disease. v
i'Ssiritaalism Is On Wane.'
London The sixth annual convene
tion .of the spiritualists, 'just held a
Finsbury, has revived the discussion
of the spiritualists fa7 on" the decline
and he wane in England. According to
some pf-the, representatives of the spir
ItuaUst cduse present it appears as
though this particular 'religiofa lias
falieiT upon bad times; .. A few years
ago spiritualism was a positive mili
tant xaitn ana i"e conveniions oi tne
repreeentative8 of the organization
-were crowded .wttfc delegates.
UnnPzsi'frfbMiHlnstonT end pother
f$idsrJeirtei Irem Violating '
SToentVtiaw.5 1-' '
. V. I T- !T,' -
HE HAS NO POWER NOV.
Can Frar.cisc Mayor Languish
in
Jail.
Saa FrandscoAcordlnf; to ft
statement made fcy Actiat; District Afc
torney Henejr, Esesa E. Shmitx, be
ing convicted, becaaes mayor -n mama
only. Though" unable t perform the
duties cf his ofttee under the law of
California. Schmltr.'it is said, still re
tains the ofSce.
A fe years ago a law was placed
upon the cteitute soaks of the state
that a c!kted pa'riibn could sot be
ousted arotaofflce until sack conviotioa
has been' uph'oid y a" higher court As
cases move slowly on appeal, l is con
sidered likelV Jthat tke higher court
would' net' pasi upon this matter ua
til fter'the mafar's term of 4ce naa
expirei" "J ' "1 ' '
Under the chft tOwerer 'SchmlU,
by reason of his confinement ia prison,
buja-he?bjefjferg3?6id lg uh
abie'to" perform too, duties. Jf his office.
Under-the drmstaees,theunervls
ots have no power to oust"hImv; but
must sele'ct some ono of "their nmaber
to act "as mayor during. Scbmiti's dis
ability. As chairman of the finance
committee of the .board, Gallagher
would' -become acting mayor, leaving
the government practically in the
hands sl thecproaaoutara, who, while
they 'may 'not be? empowered to install
new ciQccr3; inky suceed.,in .effecting
extensive rcfonas in &e. civil govern
ment. - ,"
Mayor Eugene R Sjphmitz asked
Judge Dance to release him oa.haMmn-
til sentenco is pnomoaaced e Vbnra
day, June 27. Te request was metther
granted nor denied, but-the court in
timated .that gae mayon; like any ether
convicted crimiaai. should be locked in
iaiL - '
Formal application bjr ball was aaade
by Schmitz's attorney. Mr. 'Campbell.
Judge Dunne denied tne application
and directed that Schnajtz be taken to
J3"- . . AS
PIERCE IN SUPREME COURT.
President of Oil. Company Carriee Case
to rHgh TtibnnaL
Washington The appeal of Henry
Clay Pierce, president" "of the Waters
Pierce Oil company of Missouri, on his
habeas corpus preceedin;, was dock
eted in the supreme court of the
United States. , In this proceeding
Pierce seeks to.hace the supreme court
reverse the decision of the United
States circuit" court of eastern' 'Mis
souri, which, refused to grant a writ
of habeas corpus relieving him from a
wit of extradition . requiring hir Ve
mbval from Missouri to Texas; where
bcis. under indictment on the. charge
of "making a false affidavit to the effect
that his company has not entered, into
aay conspirccr to. fix the, price of oil.
FAITH IN NEGRO SOLDIER.
Urigadier General Andrew 8. Burt Tes
tifies V Mia Behalf. ' f
Washington Brigadier General An
drew S. Burt, retired, renowned 'Indian
lighter, and who was colonel of the
Twenty -fifth infantry at the time of his
promotion and retirement, testified be
fore the senate committee on military
affairs that this "regiment of negro sol
diers was one of the best in the army;,
cr, in fact, of any army. General Burt
testified as to a number of the men
that he remembered, and ;gave inci
dents to show the confidence he ,had
liaced in them. He declared that all
c them were to be believed on oath;
AreEditr3 Riding Free.
Lincoln. Neb. The rairway commis
sion has written letters to th6' railroads
demanding a.-lt't'of. all" editors who
held transportation, under V" contract.
The Uniou fiPacific is said to- ig-ue
passes ia thls-way. It is claimed that
a few editors-hold passes as. lawyers.
The railwaj -commission-will, compile a
list of editors with sample of the con
tract. Tusker Case Must Proeeed.
Leavenworth, Xas. The attorneys
for the Uncle Sam Oil company here
filed a demurrer te the-evidence Intro
duced in support of the contention that
the company should be declared bank
nipt. District . udge Amidon overruled
the motion and ordered the case to
proceed.
Note of Warning--from TafL
Minneapolis, 'Minn. A note of warn-
'lng to the country because of the in
adequacy of the land forces of the
United States was sounded here by
William H. Taft, secretary of war.
Secretary Taffs speech was made be
fore the Minneapolis club.
Rsply from Pullman Company.
Washington In its answer to the
case filed : with the Interstate ' Com
merce commission by a citizen of St.
.Paid,, the Pullman company denies, the
right of the commission to regulate
its rates and attacks the constitution
ality of the railway rate law.
Folk Pardons Boodlera. .
Jefferson City, Mo. Julius Lehman
'and Emil.Hartman, former, St Louis
councilmen, convicted of boodling and
-.sentenced to the, penitentiary over
; three years ao, were pardoned by
Governor Felk and .released, after hav
Jng served about half their sentences.
The Rosewater Scholarship.
Omaha Fred Cummins, member 61
the Omaha High school graduating
class of 1907, who is the recipient of
the Edward Rosewater scholarship of
technology, is a. Nebraska boy. He .was
bora in Pawnee City twenty-one years
ago. He lived there until six years
ago, when the family moved to Omaha.
He had concluded his work In the
graded schools refore coming. In .Feb
ruary; 1902,' he entered the High 'school,
but was able to remain only a. half
year. In the High school course he
has "worked his way."
Disastrous Cloudburst.
Rapid City, S. D. A cloudbusstnear
Tilford, a- small station on the North
western Tailroad, fifteen, miles-north of
ihiscity, caused considerable loss to
properly ahdfive lives thus far are ve-
ported to hare been lost. .A general
rain throughout , the southern "hills
which lasted several hours and whteh
is: claimed; by old .setters ,to jiave been
theheaviest, raiaslnce IBS,, raised
streams OHt of their banks and 'both
wagonvandVrallread bridges'have gene
out witb. the fiood.
paints mmm
STUYVESANT FISH THINK THE
OUTLOOK GLOOMY.
NO MORE RJULROAD BIMG
Characterizes Actisn cf Congress Con
cerning Them and Fixing of Rates
aa Hinrierance te Progress.
New York No more railroads win
be built in the undeveloped parts of
the United States except at the risk
of and ,with the capital of existing
1'nes if the government's plan to fix
rates based upon a revaluation is car
ried out, in the opinion of Stuyvesant
Fish, former 'president of the Illinois
Central' railroad,
Mr. Fish expressed his opinion, in
the course of an address before the
graduation class in applied, science at
Columbia university Monday. He
characterized, the action of congress
in' giving the interstate commerce
commission "the power of fixing .rates
as., a distinct reversion to medieval
practice which will hinder and delay,
if it. does not in some places abso
lutely prevent the development of the
west and 'south through the establish
ment pf new jobbing' centers.
"No man would venture his capital
in the . construction cf a railroad in
a new country for anything like that
5 or 6 per cent per annum which
might be allowed by the government
as a fair return thereon," said Mr.
Fish. "As oae experienced- in the
baslness and Interested pecuniarily in
railroad shares I can and do look upon
what is going on under the law of
1966 with equanimity, much as J dep
recate the unwisdom of that law as a
citizen having regard to the welfare
of the whole of our common country.
In saying this let me not be under
stood as opposed to the regulation of
the railroads by the state or federal
authorities, or by both, for in com
mon with nearly all railroad men I ap
preciate the justice, the necessity and
the wisdom of such control What 1
do object to is- the' attempt to fix .in
advance by statute the price of rail
road rates or of any other service or
commodity."
PLOT OF THE JAPANESE.
Arousing of a Feeling Antagonistic to
America.
Washington Thousands of dollars
are being raised by the Japanese of
the Pacific coast to carry out the com
pact they have entered into with the
progressive party of Japan for the
overthrow of the Saionji ministry,
.the annulment of the exclusion clause
'in the immigration bill and the guar
antee of the naturalization rights of
the Japanese subjects residing in this
country. Those additional facts in
the international plot were vouched
for in semi-official 'quarters Monday
night The enormous fund which is
being collected will be used to arouse
a feeling in the Japanese empire an-
tagonistie to the American govern-
ment.
BIG STEEL FIRM FAILS.
Receiver is Asked for Milliken Broth
ers;' Incorporated
New York Application for receiv
ers for Milliken Brothers, incorporat
"ed, one of the largest- manufacturers
of structural steel, bridge work and 1
construction,. of steel; frame buildings
In the city, was made "Monday to
Judge George C. Holt in .the United
States court. The liabilities are. giv
'en as $G,500,OtO and assets at 96,750,
000. Just before the closing ef the
office an involuntary petition in bank
ruptcy was fied against the concern
by McDonald & Bostwick, attorneys.
Late at night Judge Holt held- court
in his chambers in the rooms ef the
Bar association and listened to argu
ments upon the .subject.
INDIANS LEAVE FORT MEADE.
Escorted by Troopers to Their Reser
vation on Cheyenne River.
Sturgis, S. D. The Ute Indians
broke camp Monday, starting for their
new home on the Cheyenne River res
ervation, accompanied by Captain
Johnson and six troopers of the Sixth
cavalry from Fort. Meade. The Utes
were loath to leave Fort Meade, as
during their, stay,- they were .treateu
to the time of their lives. The party
.consists of 350.'
Discuss American Question.
Tokio-After a conference with tho
elder statesmen and cabinet ministers
Viscount Hayashi, the foreign minis
ter, proceeded immediately to , the
palace. It is believed that diplomatic
affairs of importance were discussed
during the conference, among them
the Americanquestion.
Taft Addresses Students.
Madison,' WIsA-Secretary Taft ad
dressed an audience of 5,000 in the
university, gymnasium Monday. He
was received with tumults of applause.
Insane Man Kidnaps a Boy.
Mitchell, S. D. While the little so
of Mr. and Mrs. J. N. Cook, 'a barber.
was playing In front of his home, a
stranger going' by picked the boy up
in his arms and started on a run
down the alley. The mother did' not.
miss her boy until apprised of the
kidnaping a few momenta later by
one of the neighbors. The mother be
came frantic and .started In pursuit,
calling the assistance of people she
met on the street, and in a short time
a dozen were in hot pursuit of the
kidnaper, who was captured.
Te Judge Mrs. Eddy's Mind.
Concord, N. H. The"testimony on
the question of Mary, G. B. Eddy's
competency to manage her affairs is
'to'be taken by;a master in chancery,
according to ee decision ef Judge
Chamberlain, in the superior court
This decision was announced at the
close, of a hearing at which counsel
for 'Mrs. Eddy and. for her three trus
tees argued a motion. asking to have
the salt-brought by the relatives of
.jr ., J m -.. jLmL.1
JUl; MQJ H "l ihmu. - B-jmiou
en tho gtnmd that pmrrrdlno wroJ.JJJSSareannc5aeft Aiep-
J'not brongb.t la good faith. -
PAIR OF PRlCiHdtTER.
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With Bug Joining Trust, What W
MACK OH ORCHARD'S STORY
WITNESS NEARLY BREAKS DOWN
DURING THE ORDEAL.
Attorney Makes Fieree Assault in an
Endeavor to Discredit Hie
Statements.
Boise, Idaho The men who are bat
tling to save the life ow William D.
Haywood and the godb name of the
Western Federation of Miners made
their greatest assault upon Harry Or
chard Thursday when, carrying the re
view by cross-examination of his lif
of crime down to his confession, they
bitterly assailed bis guildlng motives.
Six days they spent in stripping him
before the jury of every shred of mov
rality ef character, and then, -suddenly
turning upon film in a final fierce at
tack, they fought with every means
known to legal craft to convince the
jury, that Orchard was committing a
crime in falsely swearing away the
lives of innocent men in the hope of
saving his own. They carried their
attack to.the very language with which
the witness answered their questions.
and everywhere they alleged by force-'
ful implication that it was put into his
mouth by men controlling him.
"' The series' of quickly delivered at
tacks give to the trial amid the scenes
centering around the high witness
chair in Judge Wood's court a depth
of dramatic intensity, a compelling hu
man interest that gripped and held
every man and woman who watched,
and listened. Orchard failed when
they recited to him the tale of David
and Uriah that Detective McPartland
related to him when he came seeking
a confession. He fought to save him
self, but tears filled his eyes and he
rocked unevenly like a fainting woman.
His" voice lowered to huskiness, and
he hid his face in a handkerchief.
Then he steadied himself and went on
strongly to the end. He defended his
motives by saying that he had finally
experienced conversion and penitence
and had resolved to make all possible
reparation by freely confessing all.
McPartland had told him that fie was
doing a great service for the state and
that states, were kind to men who
served them. There was no " ether
promise.
"You knew that If you confessed to
the. jSteunenberg murder the state
would put you out of the way," ham
mered Attorney Richardson.
"Yes, sir."
"And would do it quickly?"
"I believed they would put me out
of the way."
MORE LAND FOR SETTLERS.
Large Tracts Withdrawn by President
Are Restored.
Washington 3y authority of the
secretary of the interior there will be
come subject to settlement on Sep
tember 30 and to entry on October SO,
1907, about 2,980,000 acres of land in
Alaska. The land restored was with
drawn on June SO, 1903, for the pro
posed Norton bay national forest and
is situated immediately on the north
shore of Norton sound, north of St.
Michael, and about fifty ralles"south cf
the Arctic circie, in the Juneau land
district
Nebraska Boy Murderer.
Bassett, Neb. Calif McCoy, the boy
who on June 1 murdered his mother
by shooting her, bad his trial before
Judge Hall Thursday. Sheriff Marsh
filed complaint charging him as an in
corrigible and growing in crime. The
boy in court told about the crime
without the least sign of pity or re
morse, in fact, was laughing most of
the time. The judge sentenoed him
to the reform ' school until he is 21
years old. '
No More Reduced Rates.
Chicago At a special meeting here
of the eexcutlve committee ef the
Western Passenger association, all ap
plications for reduced rates were re
fused. This includes conventions of
all kinds, camp meetings, Sunday
school excursions and merchants' con
vention. The maximum and minimum
passenger rate in all western, states
passing 2-cent bills will be the best
rate that can be secured. All western
roads were represented and weak
Jines said .they would confine their
rates to the regular schedule.
Jews in.Hopelsss Plight.
Berlin Private dispatches from
Odessa report that 'the case of the
local Jews is as desoerate as it was
before the latest massacre. The Black
Hundred are assailing thc Jews in
the streets hourly. Many afe" pound
ed and the hospitals are crowded. The
recrudescence ef the violent f Jti-Se-mltlsm
is attributed to the governor)
General Giagolow, who officially de-
cures that a Christian, earned Mapnl-
IrnJP who wia'okfehslblv1 attacked for
. --- - - -
sukok eniea nis assailants were jews.
&
riz 3.
V
f -
i ' - i&"2il
ill .Be. Left for the Pear Public?
WHSOH BM THE SECBEBT RULE
SECRETARY OF AGRICULTURE AP
PEARS AS A WITNESS,
In This Capacity H Deelaree That
He Made Ne Vlolnt!eef the
Seerecy Rule.
Washington Seeretary Wilson again
waa on the witness stand in the trial
of B. S. Holmes. He was questioned
further concerning bis alleged promiaaa
to suppress information given him at
the time of Holmes' dtrnnlisat from
the department of agriculture..
Regarding the formal statement
given out by the witness at the time
Holmes was dismissed. Secretary Wil
son said he did not make the state
ment which was signed by him, but
that it was the report of ihe secret ser
vice people who Investigated the
Holmes case. He declared- that he
made no arrangements or pledge with
Van Riper fer the. suppression of
names. v
Mr. Worthington asked the witness
why he had given the secret service
report to the public to the prejudice
of Mr. Holmes.
Counsel for the government object
ed, but the question was admitted and
the secretary -replied:
"I thought the American people had
a right to the report."
Mr. Worthington then turned his at
tention to what he charged to be Mr.
Wilson's violation of his own rules in
the matter of prematurely giving out
information and in support of his
theory quoted an interview given out
by the secretary last fall in regard to
the prospective production of macaroni
wheat. The secretary said he did not
remember the interview, but that evr n
if he had made the statement, it would
not ba in violation of the rule cf
secrecy; that the violation of the rule
was a question of the premature giv
ing out of information that comes to
the bureau of statistics.
- "If you find me giving out that in
formation," he said, "the Information
that comes from regular sources, ,then
yOu will have a case against me."
"If the information comes accident
ally," continued the secretary, "it
would not be a matter of breaking
faith! but if an employe of the depart
ment systematically gives out informa
tion and the fact comes to my atten
tion he will not be allowed to remain
long."
ROOSEVELT AT OYSTER BAY.
President Opens Summer Capital at
"Home on Long Island.
Oyster Bay, N. Y. President Roose
velt and his family are now .at home
at Sagamore Hill. The trip from
Washington, which was begun in the
morning in a drizzling rain, ended in
sunshine 'at 5 o'clock in the afternoon.
At Jersev City and Long Island City
crowds surrounded his car shouting
greetings to tho president, and when
the train drew in here the station plat
form was thronged with neighbors,
who extended Oyster Bay's usual de
monstration of welcome. After both
the president and Mrs. Roosevelt had
shaken hands with eveiyone, the fam
ily were 'driven to Sagamore Hill.
Chicago The refusal of two pack--
ing firms to make any concessions to
the teamsters' union brought the
threatened stockyards strike to a crit
ical stage. Whether or not there will
be a general walkout of drivers Mon
day, tying up the meat delivery busi
ness in Chicago, will not be 'known
definitely, however,, until Saturday.
Swift and Company and the Anglo
American Provision company were the
two concerns which refused to recog
nize the demands of the men and in
formtd the drivers that the present
wage scale was as high as the packers
could afford to pay.
New Line to New Orleans.
Kansas City J. A. Edson, president
of the Kansas City Southern railway,
announced the route for the proposed
extension of the line to New Orleans.
The New Orleans branch will start
from Leesville, La.. 118 miles north
of North Arthur, and run southeaster
ly through Oberlin and Eunice to
Crowley on the Southern Pacific
which will be paralleled as far as New
aberia, forty-one miles. From that
point the route runs easterly and
southeasterly, between the Texas Pa
cific and the Southern Pacific lines.
To Ask for Indemnity.
San Francisco,- Cal. he Japanese
residents of San Francisco intend, it is
said, to demand an indemnity of the
United States government for the al
leged attack upon the Horsehoe res
taurant, and other acts of violence
which they say have been Inflicted
upon them. They hope, also by bring
ing diplomatic pressure to bear Hpon
the government at Washington to sap
press anti-Japanese agitation in Cali
fornia. This, it is said, was the aim of
Count Noda's recent visit to Viseoant
Aoki at Washington.
'rv. JtH.
H rAPTER HARO COAL COMMNC
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Washington The feUewiac state.
nit was made peWie at the
t of Jaetlee:
"The-peUtloa to be filed W
day by the government ia the Unite
States circuit court at Philadelphia is
aimed at the anthracite coal mon
opoly. The Reading company, a bolt
ing; corporation; the Psilmaelpala 4k
Reading Railway company and the
Leftdgh Valley Railroad, company, the
Delaware, Lackawanna c Western
Railroad company, Central Railroad of
New Jersey, the Erie Railroad com
pany and the New York, Susquehanna
St Western Railroad company, com
prising all' the roads that tap the an
thracite regions save the Pennsyl
vania, the New York, Ontario c West
ern andADelaware Ik Hudson (which
mat does not extend to tidewater) are
made defendants, together with their
subsidiary coal mining companies. Aa
yet no evidence- of sufficient probable
force to connect the three named rail
roads with the alleged unlawful com
bination and monopoly has been found.
Should sueh evidence be forthcoming
in the progress of the trial they may,
and, of course, will be joined with the
other defendants.
"In brief, the petition recites that
the defendant raihroadSf control all
the. means of transportation between
the anthracite mines and tidewater ex
cept the lines of the Pennsylvania
railroad and the New York, Ontario V
Western railway, which reach only a
llauted number of collieries; that
they transport annually about 78 per
cent of the total- anthracite tonnage;
that in their own name or taroagn
coal companies whose capital stock
they own, they control about 90 per
cent of all the anthracite deposits aad
produce about 75 per cent of the an
nual supply; that independent operat
ors, although owning probably little,
more than 5 per cent of the anthracite,
deposits, yet produce about 20 per
cent of the annual supply, which would
be sold ia competition with the out
put of the defendants were it not for
the restraints Imposed by (he latter. -"The
petition then charge that the
defendants have conspired to silence
competition among, themselves In the
transportation aad sale of coal and to
prevent the sale of the Independent
output in competition with their own;
thereby establishing a monopoly.
WILL TEST NEBRASKA LAW.
Railroad Presidents Decide to Contest
Two-Cent Fare Law.
Chicago Western railroad presl-'
dents at a conference here Tuesday
decided to contest the 2-cent passsnger
laws in at least fivfe states lliaois,
Nebraska, Missouri, Iowa x and Ar
kansas. .Following this decision the
passenger representatives of all west
ern road agree not to grant any re
duced rates for any occasion until the
2-cent fight shall have, been concluded.
The passenger men were presented
with a letter written by Secretry Mos
eley of the Interstate Commerce com
mission to the Central Passenger as
sociation stating that tho proposed
plan for putting National Educational
"association rates into effect is illegal
asd caurct be tolerated.
HE STOPPED THE TRIAL.
Case That Comes Into Court
Has
Tragic Ending. . ,.
Stanton, Xeb. District court con
vened here. The jury was called and
the afternoon spent in getting a jury
in the Altman incest case. The jury
was secured and an adjournment'taken
until next morning. The case came
to a tragic ending for when Sheriff
Stucker took Altman his breakfast he
found him dead, having committed sui
cide some time in the night. Altman
wore a leather belt and when ready
to go to the- other world, took the
belt, tied it around his neck and fas
tened it to one of the steel bars
that are used to lock the cage. He
was out in the corridor and hanged
himself on the west side of the cage.
Senator Morgan Is Dead.
Washington United States Senator
John Tjier Morgan of Alabama died
here at 11:15 o'clock Tuesday night.
Senator Morgan had been in bad
health for a number of years, but had
more or less regularly attended the
sessions of congress. He suffered from
angina pectoris, which was the cause
of his death. At his deathbed were
his daughters, Miss Mary Morgan,
and Mi; Cornelia Morgan, both of
this city, and his secretary. J. O.
Jonos. '
Fugitive Kills Officer.
Bluefleld. W. Va. Lee Tabor, a rail
road man, resisting arrest shot and
killed Officer James Francisco, and
shot Tom Hunt, another officer. Feel
ing is running high as a result of the
shooting, and Tabor may be lynched;
Thieves Desecrate Grave.
Toulon The grave of Michel Pacha,
the Turkish admiral who died hero
last January, has been desecrated by
thieves, who stole the body. -The
thieves, it is believed, expected to find
in the tomb jewels of 'great value.
Wool Clip ia Moving Now.
Douglas, Wyo. Wool is beginning
to move more rapidly now than at
any time since the buyers have been
in the state. Good, clean "clips find
ready- sale and at prices satisfactory
to the grower, but dirty wool of heavy
shrink Is not wanted by the buyers,
unless at very low prices. In the Cas
per county the wool this year is very
heavy and comparatively little has
been sold. The growers are asking
from 16 to 22 cente and In most in
stances the prices are higher than
the buyers are willing to give.
Nebraska Man Kills Himself.
Valentine, Neb. Joseph Allen
Sparks committed suicide in his broth
er's lumber yard. He had recently re
turned from-Seattle, where his invest
ments had proved unsatisfactory. He
seemed mach depressed and in poor
health.
Ouray Bank Failure.
Ouray, Colo. The bank, of Ouray, a
state bank, closed its deors Tuesday.
Liabilities about $100,000: The assetj
are not stated, but are said not to be
equal to the liabilities.
eraati Bias
IOUS .MCW NOTB-Mi
1 HERE ANO THERE.
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There la bnt one
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PspiWmn UM water bonds were
sold tola Oaaaaa Seviags bank at
par. - - I
Many eMsena of Arlington bare
beam Investing in Cheyenne; Cottaty
soU. v ! .
Quite a tornado apaearcdU ia. the
viciaity of Geneva doing- considerable
George Adam of Blue H1U received
work that kia" brother had died at Ku
ker, Okla. " '
The new Catholic. chnrch atMont
erey. Cmming county, waa dedicated
last week.
David Stltt aad 'wife of Pawnee
county, last week eelejbratoa their
golden wedding
Arrangements have, bee completed
to hold a cbaataaeaa assembly at
Red.Ckmd from Jalf 29 to Aagnet 7.
J.t H. Ytfhafar, an ale raeHsat af
Slmereek, ft yeawoTagev wan drewa-.
ed while fishing ia the head waters
of the Kaaraer caJal soeta ef
.a-w .ana
Ebm'V
Osetfav '
Henry OttnUa, charged wham
apoa iC-yearoii aaagbter.
himself ia the ceaaty JaM at Staatoa
with hie belt. Hia trial waa abeat to
take place.
Frank J. Utton waa fcnnd dead at
Colby's barm ia West Beatrice, It ia
aappsaed thai he, was killed by falK
lag from the haymow, although, foal
play la suspected.
A state veterinary snrgexm went
to Grand Island aad examined four
horses, which were found to be af
fficted with geaalae glanders. He
ordered them shot.
At Syracse Joha Kefkea aad F.
Kahlbeck fought la a satoea. daring:
which the .former very serkmaly cut,
the latter.' There la a doabt about
the wounded man's recovery.
The Brady State Bank of Brady has
received a smarter from the secretary
of the state banking: board. This is
the second bank for Brady. It will
have a capital stock of $10,000.
Albert, the soa of William H. Hnghesx
of Auburn, 14 years old. fell from a
tree oa a picket fence. The point of
a picket 'mm through bia foot aad a
deep gash was cat hi his leg;
One hundred and fifty persons of
both sexes, the majority of whom"
were young people, received the sac
rament of confirmation in St. Mary's
Catholic church at West Point.
At a meeting of the Weslsyan
board of trustees. Chancellor D. W.
C. Huntington, informally announced'
that the coming year would be his last
as .head of, theWesleyan university.
The long expected list of passhold-
ers of the Union Pacific railroad was
received last week by the state rail
way commission. Sixty attorneys and
elghty-thre physicians are enumer
ated in the list
Judge- M. S. Campbell and wife of
Webster City celebrated their fifty
seventh wedding anniversary. They
were married in Pennsylvania and
came to Otoe county in 1855 and have
since made their home there..
Guy Henney, 15 years of age, and
a son of G. A. Henney, of Fairbury,
was drowned last week. He, with sev
eral companions, was 'bathing in a
deep barrow pit on the railroad line
which had filled from high water in
the river, and got in beyond his deptb.
William J. Bryan Is to he the sub
ject of an article in the Indianapolis
Star, for which Louis Ludlow, the
Washington correspondent of that pa
per, is in that city gathering material.
Mr. Ludlow, while hi Lincoln, will also
obtain material for; 'another article
reviewing the political revolution in
Nebraska.
C. Lowe, secretary of the Lincoln
Grain company, which owns elevators
at Liberty and Barneeton, was before
the Board of Supervisors sitting as
a Board of Equalization, and asked
that the assessment against the com
pany's, property be based upon the
average value of the stock during the
year. The assessor has the property
assessed upon the basis of the value
of the corn ia stock aad the monev
in the bank April .- s - $-
St. Benedict's CathoUe church in
Nebraska City is npwrtbe oldest Cath
olic church building standing ia the
state. The churcn wa partially erect
ed early m 1860, but waVnbt completed
until the fall of that year, when Fath
er Emmanuel Hartlg took charge and
has since been the rector. He also
holds the position of vicar general of
the state. If Father Emanuel lives un
til June 21, 1910, he will celebrate his
fiftieth anniversary as rector of the
chnrch.
A number of leading citizens of Has
tings have petitioned the. school board
for the removal of the superintendent
of public schools. He Is charged with
being Incompetent and out of tune with
parents and teachers. The board has
tabled the petition.
The consolidation of, the Columbia
National bank with the First National
bank of Lincoln took puce last niaht.
President S. H. Bnrnham of the First
National Is sand to have bought a con
trolling interest in the Columbia pay
ing as high as S2 for some of the
stock.
Of the forty-three origlnai members
of Dawson post. Grand Army of the
Republic, but fourteen, answered to
their names at a calling of the roll
on Decoration day. Many of the four
teen members left were too feeble
to ride in the parade.
N. A. Houser, a business man of
York, had some business dewa towja
and drove his horse, tying the sassw
la front of Klelnschmldt's store. On
returning about 9:30' o'clock his horsa
and baggy were gene. The rhj was
found In Osceola,, bnt the party tak
ing It was net apprehended.
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