THE OMAHA PATLT JMSM ; TJDJSSDAY , JANTTAIIY r , 1907. 5 SUBMIT THE CASE ON BRIEFS Orel Arguments in the Viaduct Oas Denied the Attorneys. EACH SIRE IS CONFIDENT OF WINNING Council Contend * for INIIIN | | < III | 01 theJ J ion ml Hint tin : I'olnlH Itnlnril lij ( Jrt'tMip Ilnvc Often Ill-oil X 1'UMHeil Oil Ailvcrni-l ) ' . "WASHINGTON , Jan. A. ( Special Tele pram.Messrs. ) . \V. J. Conncll and C. J Greene of Omaha appeared this morning be fore the supreme court of the UivitcJ States cocked and primed to orally argue the mo tlon of Mr. Council to dtamlss and ofilrn the suit of the City of Omaha against th 11. & M. Hallway company , growing out o the failure of tha railroad to repair th Eleventh street viaduct. The court , however over , > waa ml in the humor to hear wcsteri attorneys , notwithstanding their admlttci ability , and Chief JusHco Fuller Intimate that the court would bo glad to read th briefs , If printed , and take the motion undo advlsuncnt , but that otherwise the motlo would have to bo passed. Doth attorney tvcro prepared for this turn , although It ha generally been the practice of the court t Insist upon printed briefs , and within flv mlnuUri of the tlmo of Council's rising I nddrca.i that body tha court was engaged It hearing ex-Senator Edmunds on a motloi for a writ of habeas corpus. Mr. Conncll' brief recites the mandamus proceedings , no ; well known , and the verdict obtained agaltts the railroad company In the district cotir nnd the supreme court of the state. Th railroad company , alleging that certain con atttutlonal fuo | Moiis were Involved , carrlec the case up to the supreme court of the United SlaUs , when Mr. Conncll , represent Ing the city , brought his motion to dlsnrlsi and affirm. Mr. Council argues In his brie that similar cases have been passed upoi eo many times by the supreme court tha It Is useless to go Into questions raised by the attorney for the railroad company ; tha tlio qucst'lona raised by the plaint Iff In crro nro no longer open questions , and that fur thcr consideration of them would bo un Justifiable. Mr. Greene raises the point li his brief that four great railroad corporation are operating tracks under the K'lcventl ' street viaduct , but that the city councl of Omnha began proceedings against hu two , which the attorney claims Is an out rage , both niton the law and mathematics lie argues that the proceedings taken operate ate to deprive the company of Its propert ; without duo process of law and to deny 1 equal protection of the law ; that enforce ment of the provisions of the city charts 3iiaklnt ; It effective against the company wll impair thn obligations of the contract undo which the viaduct wan constructed. Mr. nnd Mrs. Council leave for Now York tomorrow , Mr. and 'Mrs. Greene following shortly on their way home. MAY HKOPEN THE DANK. The First National bank of Sioux City wll likely ro'ume business , If the conditions nrt carried out as required by Comptrolle Eckels. Deputy Comptroller Coffin roturnci from Sioux City yesterday , whore ho wim li relation to the failed bank. Mr. Collln statet that ho found a decided sentiment In favor of rraumlng bitalimw. As to the Dakota Na tlonal bank of Sioux Falls , S. D. t a receiver will probably bo ap pointed In the person ot Pres Ident George H. Draco , who agrees to llqnl date the bank In a uhort time. Draco line boon hero for fiomo days , nnd so perslaton lias ho been that Mr. Eckels admitted toilaj that lie would probably appoint him. John H. King of Chamberlain , S. D. . Is litho the city , appearing before the comnilmloncr of the general lund olllco in cases affecting lands of settlers In O'Drlen county , la. \V. H. Sterling , attorney for the Elkhorn In In the city , In relation to a bill reccntlj paracd giving land grants to railroads foi reservoir purposes. Ho Is hero In consulta tlon with the ( secretary of the Interior as to the manner In which the lands shall bt granted , and the compensation for the name Comptroller Eckels has approved the fol lowing raiervo agents for northwestern na tional bank : Nebraska Dankcra' Natlona bank , Chicago , for Exchange National banl of IlaHtlngo ; Commercial National bank , Chicago cage , for Nebraska National bank. Omaha Iowa IlankerH' National bank , Chl'-ago , for First National bank. Council Illurfa ; FlrtU National bank , Chicago , for Knoxvlllo Na tional bank , Knoxvlllc ; Merchants' Nutlona bank , Now York , for Firet National bank Nevada , South Dakota Metropolitan Na tional bank , Chicago , for First National bank Pierre. A postofflco has been established at Ches terfield. Cherry county , Neb. , with Amelia E. Walte as postmaster. William A. Eversull.van today com missioned postmcster at Ilelmont , Neb. , and John II. McCarthy at McCurdy , S. D. P. S. McGulro has been appointed pwtmas- t < > r nt llcenier. Ginning county , Neb. , vlco M. I ) . Sharp , removed. J. Hoffman has been appointed postmaster at Walden , Osceola county , la. , and A. Car penter at Potoala. Plymouth county , la. To I n VCH 11 HiltStrpI IMiilo. WASHINGTON. Jan. 1. Secretary Herbert and Assistant Secretary McAdoo today con ferred for several hours with members of the special board , headed by Captain Mc- Cornrlck , charged with an Inquiry as to the defectlvo structural plates of battleships. It has been finally decided to employ a dozen or fifteen civilian experts to aid the Htud board In the Inspection of steel nt tlu mllla. These will bo paid from $1 to | U a day and they will bo selected after com- potltlvo cxcnilnatlon by civil service meth ods. The s.-cretary decided to pursue the In vestigation Initiated by the McCormlck board and look Into the quality ot material sup plies for other vessels than the Kwilucky , Kcarsargo and Illinois. /N 'ti1 * ' * -3 Saving a man's life is lookcil upon as the prcatcht service that can be rendered him. If he is in danger , he feels forever grateful to the friend who saves him. If he is de livered from savage * , or from wild animals , or from ( howmnj , or from the teeth of a shark , he can hardly find words to express his gratitude. Is it surprising tlu-n that Dr. Pierce liai received thousands and tltoiiH. amis of enthusiastic letters from those who have been saved from death and lingering disease by Ids wonderful "Cold.'ii Medical Discovery ? " Humhcds of these people write to sny that they had .suffeted for years ; that lift ! had become miserable ; nnd that death would have been welcome. Some of them say that doctors had given them up to die , when the use of the "Discovery" brought them back to happy life ami health. This great remedy is meant for nny one who lias anydiscase of the throat , luiif.ii. or bron chial tubsa. Its strength .ilngnnd purify , ing effect on the lungs U hi ) great that it will positively cure nincty-cight per cent , of nil cases of consumption. It is n cleansing , strengthening , purifying , invigorating tonic. It puts new life Into the blood nnd nerves" , into the brain and body. It cures every form of indigestion , makes the appetite good , the sleep Hound , the nerves steady. You should have Dr. 1'lerce'n great work. "The l'eoplc'3 Common Hcnic Medic" ) AdvUrr. " This handsome , Illustrated , thonsainl.p.iuc volume lins had a Krc.itcr le , nt It * regular price 11.50 than other mcdlr-.il look any family ever pub lished. It li now offered absolutely free , | uprr > covered , to all who will scud 31 oiie-ccut ttampa , to pay the cost of iiialtlnir onl.v , to the World's Il pcn .iry Medical Association' , C6j Main Street , lluiuio. N , V. The who wiili lo have it In Imudsamr , substantial. I'rcnch cloth binding Uould send loccuu uJdltlouilQi ceuUlu all ) . DOMC 11V TUB SIJl'llIMIi : COVIIT by flip lllnIirt ; Trl Itiinnl In ( tip I.nnil. WASHINGTON , Jan. 1. In the uprctn court today a CMC of connldcrable Intorcs from Indian Territory was decided In faro ot the appellant , that of Jeai and John No flro , under sentence for the murder of Prcil erlck Huthcrford. Uuthcrford waa a whit man who had married a Cherokee squaw , am the question Involved In hla case wns whethc the act of marriage had been made In propc form , which would make him a Chcrokc citizen , and In thli case the federal cour would have no Jurisdiction over his murder crs. It appeared , however , that the mar rlsRp had been conducted without full observance sorvanco of the Cherokee laws. Justlc Hrower delivered the opinion nf the court holding that llutherford wns a Cherokee clt Izcn and therefore reversing the decision o Judge Parker , holding the Noflros guilty o murder under the laws of the United State. ? It la believed the effect of this opinion wll IIP to admit many "squaw men" to citizen hlp In the Indian tribe * , nul In case of a division of Indian property , an proposed li Indian Territory by the Dawcs commission will have an Important bearing upon the distribution. The court rendered a decision througl Justlctj I'cckham In the case of Albert I Franco and others Involving the antl-lottcrj law of 1S95. France and his fellow appcl lantji wcro corvlcted In the District of Ohio on the chnrgo of conspiring to violate this act and the verdict of that court waa re versed by the opinion rendered by this court The opinion did not construe the con tttu tlonallty of the lottery law at all , but was based upom the technical ground that the act for which France and his associates wcro convicted wns subsequent to the drawing of tlio lottery Instead of precedent to It , as provided In the ctatuteo. It appears the de fendants wcro arrested with Blips of paper showing the rcsulta of drawlnga known In the lottery world as "hit slips" on their par sons. while on their way from Covlngton Ky. , where the lottery drawing took place to Cincinnati , where the sale offices were situated. The judgment of the court below waa reversed and the cause remanded will Inntructlons to set aside the Judgment nni dlschirgo the prisoners. Juatlco Harlan dis sented. Justice White rendered a decision In the case of the United States and the Sioux In dians against the Northwestern Express com pany. holding that thr- term "citizen , of the United States" In Indian depredation canes applies to corporations. Thn 6tate law of tin- state of Missouri holdIng - Ing railroad companies responsible for damage - ago by nro caused by railroad locomotives was sustained In two decisions by Justice Oray. appealed to this court by the Mlssour. . I'aclfl' ' Railroad company. In the case of John F. niishncll against Cyrus A. I.clnml , receiver of the State Na tional bank , Wichita , Ivan. , the court re- ainrmcd In the decision by Justice White the right of a national bank receiver appointee by the comptroller of the currency to cni force the Individual liability of the bank's stockholders. ( ' | IIIIIIIIIII'N | CIIMC In tinSiiirinif | > Court WASHINGTON , Jan.I. . In the supreme cotnt today Klvcrton H. Chapman , the Now York broker convicted for refusing to answer questions put to him by the senate sugar trust Investigating committee , was granted leave to make an application for a writ of habeas corpus. The court will hoar argu ments on March 22. The case Is a test one. Chapman surrendered himself today to the district attorney In order to apply to the supreme court for the writ , a deputy marshal accompanying him. The hearing of the argu ment was iwstponed so long In order to permit Senator Kdmunds to npoml the winter In the south. lie asked the court to set the date at a tlmo when the Inaugura tion and the March winds would both bo well out of the way. _ I'll - 1Mr ( ITS ( o Knot tlu > Hill. WASHINGTON , Jan.I. . The State depart ment has been Informed that Henry Dcl- gado. the New York Mall and Express cor respondent now tinder arrest In a Spanish prison near Havana , Is likely to dlu unless a surgical operation Is performed upon him. The Mall and Express , believing that the Spanish authorities will not be disposed to have the operation performed themselves but will permit It If the expense Is met by Dclgado , has offered to meet the charges If the State department will sccuro the permission. Thu department has advised tbo publisher of the paper to communicate directly with Consul General Leo on the subject. _ _ California WniitN u Cnlilnt'l I'luct * . WASHINGTON , Jan 4. The republican congressional dclegitlon from California held another mooting today to consider the matter of uniting on some citizen ot that state to be recommended to I'resldent-elect Mc- Klnley for a place In the cabinet during the next administration. When the meeting Imd adjourned , a member of the delegation said that after full consultation the delega tion canio to the conclusion that there was no reason to recede from tlio pcsltlon already taken by It at a previous gathering , but that In deference to the opinion of repub licans of California with whom the members are In communication no further tictio.i will at present bo taken. Important llnlliifi liy WASHINGTON , Jan 4. Secretary Fran cis hn.s Inaugurated a policy of giving full qualifications for entry to these Individual. ' ) who. In good faith , entered the Cherokee out let from the east side on which the I'onca , ) isge and Otoe and Missouri and other Indian reservations an > located. This Is a reversal of the rulings of Secretary Smith , who held that those who made runs from the reservations were disqualified. Stall- ) ( > ] iar < iu < > ii < Cli-rl ; Sliorl. WASHINGTON. Jan. 4. The grand Jury today filed three Indictments for embezzle ment against Francis J. Kleckhofer , formerly chief ot the bureau of accounts In the State lepartmcnt. Kleckhnfer was dismissed Oc- lobor 26. 1S9S , when Irregularities In hla ac counts were discovered. The shortage will nggrcgato $130.000. Cnxli In ( lie Tri-iiHiiry. WASHINGTON , Jan. 4. Today's statement of the condition of the treasury shows : Cash , available balance , ? 22SS93.C < ! 1 ; gold reserve , $137,863.237. nisi , ! ) rou nnAxn I.VHCKXV. Youthful 1'lnKiii * ( > ( In1 I'nllct ! Ill .lull Trlnl. Pete Carroll was yesterday bound over to ho district court by Judge Gordon on n charge of grand lorcency. The bonds were ilaccd at $1,000 , In default of which 1'ete vent up on the hill to await his turn In ho higher criminal court. In times past Carroll has given the police moro trouble ban any of the younger criminals In the city. He has had n penchant far stealing small articles and whllo this propensity ms never yielded him' any great amount of wealth. It has never failed to keep him iclilnd the bars n large portion of his time. s'mv Year's night Carroll attended the mothlacks' ball at Mnrand's hall on Har- tey street , and whllo F. W , Mnrsh , a ihotographcr , was making an observation if the building preparatory to taking n ilcture. I'eto "swiped" a pair of lenses nluod at J100. The lenses were afterward ecovered by the police from a saloon , where Carroll had hidden them. KciitiirUy Mlilliinil Sold. FRANKFORT. Ky. . Jan. I. The Kentucky Jtdland railroad was sold this afternoon > y order of court at auction and was pur- Imsed at the upset price oft $160,000 by the Utlla company of Louisville. U U an- aunccd thut the purchasers represent crcd- tors with prior Hens to the first mortgage end * amounting to $980,000 , and that thla yndlcato of preferred creditors Is In iu'o- ; itulon for < n private ealo of the road to ono f uuvcral larger companies. .Mi-n Hllll M JACKSONVIhhK , Fia. , Jan. 4.-Nolhlng iirther 1ms been lienrd from the eight ulsslng nun of the Hteumer Commodore , tUhough CulKiiw hero Htlll have liopun that ho HiirvlvorH will bo picked up , The four lion who landed ut rort Oriiugo Bundiiy nornlng wi-ro Mnjor Julio ItoderlKUuz Ilnz , Iiinm-l Ooiizult'H , IOIIH ! Slnrru Mocloruru mil Ji-siiH Alvnrez. nil llciiu < miiitn. They uul thu enptidn , Murphy , will renoh Juc'lt- onvllhi thlH evening , when u thorough In- vcatliatloii will l > o made. TOBACCO MEN AT VARIANCE Lay Their Cause Before the Ways and Moans Committee. THINK TARIFF SHOULD BE INCREASED Cannot AKri < < > , HOMPVIT , oil n Ilnle to lie Ailoiilrd InjiirloiiM KITcot of tinM'llHOii Hill oil HtlNlm-NN. WASHINGTON' . Jan. 4. The tobacco schedule of the tariff was threshed over by the representatives of various tobacco In terests today before the ways and means committee with great minuteness. Several branches of the business was represented , the native growers , Importers , manufacturers using the native goods , these using Havana and those handling the Sumatra product. Be tween thcee > claracs there was much discord , no two of them being agreed on any schedule of ratto and contradicting one another on questions and statements as to the effects of the present law , rates of labor and cost of production and manufacture. The Na tional association of tobacco manufacturera waa represented , by a largo delegation with Its president , MOSCH Krahn of Cincinnati for flpokcaman. The association asked for duties of G2 < A cents a pound on all Imported leaf tobacco , or not more than 55 cents an all unsteinmcd tobacco and $5 n pound with 25 per cent ad vuloicm oil Imported cigars. Under any higher rates they declared their business would bo mined. The principal representatives of the growers were Michael Tobln of Haldwlns- vlllo , N. Y. , and J. H. Van Dussandcr of Horsehcads , N. Y. They asserted that the native growers had made no money under the Wllaon bill and asked for rates higher than these of the McKlnley act. Gcorgo J. Smith of Kingston , N. Y. , spoke for the users of Sumatra tobacco and F. I' . Gunby , formerly collector of the port of Tampa , for the manufacturers of the Cuban products. It was represented that only 5 per cent of the Havana tobacco used as wrappers had paid duty as such under the Wilson bill. The others who spoke wcro ex-Mayor Fred K. Schroederof Brooklyn ; H. S. Fryc , Windsor ser , Conn. ; L. II < Neudecker of Ualtlmoro ; J. I. Ellison , New York and George Mltchcll- aon , St. Paul. Michael Toblu of Ualdwlnsvllle , N. J. , rep resenting the New York State Tobacco Growera' association , said the tobacco grow ers wcro badly In need of relief. They had expended vast Gums In warehouses , etc. , and until the Importation of Sumatra began had been fairly prosperous. Tobacco farms were then worth $125 an acre. Such farms were now generally mortgaged and would not today liquidate their incumhranccs. lie did not think It fair that the Holland syn dicate , which employed coolie labor at 12 cents a day , should bo allowed to annihilate the great leaf tobacco Industry In this coun try. He denied that American leaf was not suitable for wrappers. Sumatra , ho said had no merit except Its appearance. Ho complained of the clastic language In the act of 1894 and said the schedule in the act of 1892 would bo satisfactory. The con sumer , he said , would not be Injured by an adequate duty , but would get his cigars at the same prlco at retail. He said the qual ity of the American wrapper leaf had not Improved of recent years , because there had liccn no Inducement to growers to care for 'heir ' leaves. Cuban tobacco ranked first In quality and Sumatra was decidedly the woret. He had no doubt , ho said , that any Importer of Sumatra would rather have Su matra excluded than smoke a cigar made wholly of Sumatra. "Why ? " he was asked. "Hccause If ho smoked It ho would lose ! ia : breakfast. " Ho said the growers cared nothing about flllers. They were Interested principally In wrappers. Chairman Dlngley called attention to the 'act that under the reduction In duties of ; 0 cents per pound In the act of 1S91 the nerease of Imports cf Sumatra had been jvcr 40 per cent. Moreover , said Mr. Ding- ley , It was a remarkable fact that the prlco of Sumatra tobacco Increased HO cents a pound ns soon as the duty was reduced 5t cents : -Mr. Tobln confirmed this , but hat ! no explanation to offer. J. S. Van Duzer of Itorsehcads. N. Y. , representing the growers of the Chemnng valley , also asked for protection for wrapper tobacco. He admitted that $2 would be an adequate rate , but said It was not n question of rates , but of protecting our citizens from ruinously cheap labor abroad and saving a great Industry from extinction. He oalO < ! 0,000,000 pounds of foreign tobacco were mportcd annually , of which 4,000,000 were wrappers. The price of Cuban tobacco , he said , had > ecn doubled owing to the demoralization iroduced by the war. Ho proposed n unl- 'orm rate of 50 cents on wrappers and flllcro per pound. CIGARETTE OUTPUT DOUDLiED. The output of clgaro In the United States luring the past fiscal year wan 1,099,187,855 , which was a decrease of. 65,400,000 from the ircccdlng year. The output of cigarettes had ncrcased by 881,998.239. A difference In the luty on wrapper and tilled tobaccos. It was claimed , had begotten an unfair competition iccauao In many ports of entry 95 per cent of unstemmcd tobacco Imported from Cuba md been entered under the 35-cent per lound filler duty. In regard to Imported cigars , the manufacturers suggested that hey wcro entitled to a duty of at least $5 i pound and 23 per cent ad valorem. The small quantity of cigars imported during tut last fiscal year was not to be taken as a standard , because the ImportstIons had greatly Increased during the past few month and were likely to continue to Increase. Thh > lan would Increase revenues. In eonclu- lon , the manufacturers stated that they vould be unable to continue I IN business with i hlgtcr tariff than the present one , and liev would ni-nfnr to submit to thn nrn nnt iridaMafactory and discriminating rates ather than face the Inevitable havoc which a specific rate exceeding 55 cents a pound vould accomplish. Mr. Payne endeavored to elicit an ndmls- Ion that the McKlulcy ! act had not been In orco long enough to demonatrato the effects n the bualncfn of a $2 a pound rate , but Ills the president of the manufacturuio vould * iot concede. } Ir. Tawncy of Minnesota asked If a very Igh duty on Sumatra would not drive- the mall manufacturers out of the business , to lilch Mr. Krahn answered that he- could ot definitely predict. "Don't you think the duty on clgara under ho law of either 1890 or ISfll Is pretty atlff rotcctlon ? " asked Mr. Payne. "Yes , " wai the answer. The manufacturers of clear Havana cigars vero represented by K. H. Gumby of Tampa , 'la. Ho oxnressad surprise at the Rtato- lents made by previous speakers. From the tntcmcnts , ho said. It appeared that the mnufacturcM of Now York and Cincinnati ( now what the growers of native tobacco vnntcil better than did the growers them- clves. From these same statements it was o boInferred that Havana touacco reaped II the benefits from the present scheme. Till * as far from the truth. Describing the conditions of ths Havana obacco business , ho declared that the grow- ig and packing of It was entirely beyond ho control of tine American buyer. Having icen collector of the port of'Tampa , Mr. uinby said ho was acquainted with the con- Itions of the Importations. UTTL.E DUTY PAH ) . H wrs true , ho said , that only about 0 > er cent of the Havana tobacco Imported nto thu Unltod States and used as wrappers aid duty as micli bocauiio the manufacturers aid much tobacco commercially appraised s "filler" for wrappers. It was Impomlblo o toll In Importing such stock how much of t would bo fit for wrappers. It might bo vo. ton or fifteen pounds. To tax It as vrappcn would stop Its Importation on- Irely and would drlvo tlis manufacturers cl 'ow York and Florida to Cuba. It wan robably true that n specific duty of 52' ' r. 55 cents a pound would produce , as much ovcnuc as the present law. but It was also rue that Sumatra would bo Imported to an xtent which would drlvo the farnura of New York and Connecticut out of the bus I- ions. The tobacco uchedulo of the McKlnlcy III liad Increased the business of the man- facturern by decreasing that of the Ha- ana manufacturers. For thu manufacturers using Sumatra I it wrappers George J. SmltAjOf New York pro tested against the advantages to the Ha vana tobacco users unfarllhc present law. In answer to a questlicrMr. Smith said ho did not bcHovo any ct aTh were ma do ot American filler and Havana wrappers. Ij. H. Neudecker oflilfciUltnoro contended that a duty ot CO cents a ( pound would pro duce more revenue thanl the present rates. J. I. Elllsnit ot Now .York . , editor of the United States Tobacco Journal , stated th.it the cost of producing a round of Sumatra tobacco was 24',4 cents' " The stories that coollo labor cost but 7 xir S cents In Sumatra wcro erroneous. George Mltchellson of St ; Paul , who ownn tobacco lands In Connecticut , stated that tlicro had been no moneylri tobacco for New England farmers slnco the crop of 1802. With < i $5-a-pnund rate on Sumatra tobacco ho would cultivate 200 acres In Connecticut. Chairman Dlnglcy said before the commit ted adjourned that tobacco , being a luxury , was a proper subject for revenue with Inci dental regard to the Interests of manufac turers and growers. "How do yon account for the fact , " asked Mr. McMlllIn , "that Sumatra tobacco , which costs from 84 cents to $1.21 at the port ot export , displaces American tobacco , which costs 12 cents to produce ? " SIMPLY A FAD. "It Is due , " replied Mr. Van Duzer. "to the foolish Idea of Uie American people that anything foreign Is better than anything do mestic. " "Is that nil ? " "It Is ; It Is the fad. " Mr. Van Duzor created much amusement when 'ho replied In answer to n question as to what duty lie wanted , that ho wanted so much duty he was afraid to suggest It ; ho would llko to sco a prohibitory duty. Frederick Schroodcr , ex-mayor of Brook lyn , a largo dealer In domestic and Imported tobacco , opposed a higher duty on tobacco. Ho asked for n new classification of the to bacco schedule , BO as to do away with the specific duty of $1.60 on wrappers and H5 cents on fillers and substitute this for an ad valorem rate on stemmed , with n differential on stemmed exceeding 40 per cent. Mr. Schroeder urged thut It was Impossible to ci'lscrlinlnalo by ocular Inspection between wrappers and filled grades , except In Su matra. Mr. Schroeder said the act of 1S99 had proved disappointing to the domestic growers , who had made a dismal failure of on attempt to Introduce American wrappers. The reduction of duty In 1891 had not caused the demoralization of the tobacco growers' trade. It was duo to Increased demand for the finer Imported grades and to the enor mous Increase In the cigar consumption Southern leaf was used almost altogether li clgarctto manufacture. H. S. Fryo of Windsor , Conn. , opposed the 50 cents per pound duty and said that al the American growers desired was a dutj which would allow them to wrap the cheat 5-ccnt cigars. WHAT MANUFACTURERS WANT. At the afternoon session a delegation ap peared , representing the National Assaciatloi of Cigar Manufacturers. Moses Krahn o Cincinnati spoke first for the manufacturers The Interests of the country demanded a uniform rate. It was admitted that only a small fraction of the tobacco growing farm ers were represented by those who hai spoken at the morning session. A unlforn specific duty of 52' , & cents a pound on al Imported leaf tobacco , the manufacturers urged , would put all branches of the trade on n parity na to expenses , losses and nn- noyanco In the collection of duty and yield a revenue equal to the average of any ol the last seven years. The proposed dutj would give complete protection to domestic fillers , which constitute SO per cent of the domestic product. The manufacturers asked also a uniform duty of not exceeding 55 cents a pound on all 'unstemmcd tobacco , contending that this would , at the present average price of donieil'lc leaf tobacco , bo a protection ot 70 per cent and would In- crcaso the revenue about 5 per cent over the average of the ptst seven years. T.io manufacturers claimed to employ ten times ns many people as are employed In raiding cigar leaf tobacco' ' In the United States. They urged that , they should not be sacrificed In carrying the scheme * of pro tection too fur and that they could not con- : lnuo In business under .higher . rated than these suggested. \VOM13X CAST A TIII11D OK THIS VOTU Compilation < if llnllotM Cunt at I.nut 131i'cioii In Wyoming. CHEYENNE , Wyo. , Jan. 4. ( Special. ) * An Interesting compilation has just been completed by the secretary of state for Wyo ming , showing the number ot votes cast at the recent election , the number of women voting und the percentage of female voters In the state. The compilation by counties Is as follows : Total Femnlo Percent- Counties. Vote. Vote. age. Albany 2.4 < 8 9SO . .9.7 Hlg Horn 1.20.1 303 2.VO Carbon 2,42 : ( , 570 2.7 : ! Converse. 1.0C9 1117 20.0 Crook 1,175 500 42.5 1-Ycinont 1,0-JtJ HUG 27.9 Johnson 771 1SS 24.3 I.aramlo 3,540 1,410 I9.9 ! Nutromi 717 2.V > 31.0 Sheridan 2,007 IMS 23.0 Sweelwnter 1.S10 510 2S.2 Ulllta 2,0201,027 . ' ! 9.1 WcstOIJ S22 2.JS 29.0 Totals 21,797 7,122 3iC It Is estimated that 90 per cent of the female - male population of the state participated In the election. The vote of the state has been Increasing , although slowly , ever slnco the state was admitted. In 1SSO , the first year of statehood , the vote was 10,032 ; In 1K > 2. lti.700 ; in 1891. 19,290 ; nnd in 1S9C , 21,797. Xt'iv Iiinv SIIVI-H Money. CHKYENNE , Wyo. , Jan. 4. ( Special. ) The newly elected county officers of Laramlo county will bo inducted Into their positions today. Sheriff-elect John Shaver has se lected for lib chief deputy J. W. Golden of this place and for second deputy Peter War- laumcnt. Treasurer-elect D. S. Swan has selected Paul Dalley as ha ! deputy. County lcrk-clcct John Roberts hfis appointed § harlcs Mallln chief deputy and John Mor risen second deputy. Under a law enacted by the last legislature the clerk of the court U not allowed a deputy and will bo obliged to perform the duties of his office himself. Under the same law the ofllco of county as sessor Is abolijhed and the a.socrinient work is performed by the county clerk. The countty commissioners have power to restrict the deputies of the sheriff and clerk to one deputy each and will probably do so. It Is estimated that under the new law at least $5.000 will be saved annually to the county. Slit'op mill CuttltMiit'ii'H 1'lKlit IH ( ) vr. . ROCK SPRINGS , Wyo. , Jan. ! . ( Sptclal. ) John Ilcnnessy , an employe of Flockmastcr Griff Edwards , has returned from Edwards' ranch In Routt county and reports thut the trouble between the slier | > and cattle r a Us era Is apparently over. Mr. Ilfiinessy saw forty- seven mounted nnd well-armed cattlemen from the Snake river country ride up and liuitruct Mr. Edwards' foreman to move his sheep acro.ss the rlvcr , hut beyond thU nu threats ucro made. Thuy alxo notified Frank Goodman to move his sheep Into Utah. They then rodeJijtway and have not bcn seen since. It Is believed by the aheep- men that the Routt county cattlcmun have been trying the effect otia' ' rand bluff which the sheepmen will call. * ' ' ' Vnlnnlilf IVyonilliHT Kind. CHEYENNE , Wyo.Jan. . 4. ( Special. ) Considerable Interest la'being token In the reported discovery of a V lV'pf ' good domestic bituminous coal bctw.c'cu-/.thls place and Uiovcr. Colo. The coij si being mined at a depth of 125 feet aijil i i said to bo of good quality. If founded..quantities . to jus tify extensive mining the product will aup- ply a largo urea In .eastern Colorado and western Nebraska with cheap fuel. AlllNOII ( ilM-M III YV'HHlllllKlOII. DUnUQUB. la. . Jan.I. . ( Special Tele gram. ) Senator Allison leaves for Washing ton tomorrow morning. Whether ho will stop at Canton en route has not been learned. Tor Infants and Children. 'sea ST , PAUL BANKS IN TROUBLE Qermania , Allerrnnia and Wmt Sida Oloso Their Doors. RESOURCES DEPLETED BY STEADY RUN CloNlnu ; of Hank of Mlnncxotu Ttrn w Auo CniiNi * of llu > Kull- III-CN .Statement of AN CM anil MaltllltU'N. "ST. PAUL. Minn. . Jnn. I. As a direct re- milt ot the closing ot the Dank of Minnesota seta , two weeks ago , whlrh created now distrust among depositors and started tuns on n number of city hanks that were reputed not to be fs strong as the depositors wished , three St. Paul banks , the Gcrmanln , the Allo- mania cmd the West Side , uono of thorn na tional Institutions , all closely associated , to day closed their doors , ono being In the hands of the state bank examiner , nnd the others making assignments. During the time that had Intervened slnco the closing of the 'llnnk ot Minnesota , the Gcrmnnla bank paid out 1225.000 to fright ened depositors , and early today the direc tors concluded they would stop the drain nnd make an assignment to the cashier , Peter M. Kecrst. The Allemanla bank , which , llko the Ger- manla , had n largo clientage among the Germans , and whrse vice president had for merly been president ot the Gcrmanla , then became the target for as lively n run cs could bo seen during panic times anywhere. People crowded about the doors and fairly fought for a place In the line before the pay ing teller's window. The bank officials real ized fully what euch a run meant , nnd promptly called on llnnk Examiner Kcnyon to take pcvsscf.ilon of the bank , and that official Is now in charge. The West Side bank , a small but possibly stronger bank , cleared through the Alle manla , and today It.r clearings were returned by the latter Institution. Following this thnre was a decided mil Inaugurated on the bank , and nt 2 o'clock this afternoon the bank officials closed the doors nnd called a meeting of the directors to decide what ac tion to take. Their decision was late In the afternoon , when they fl'ed ' a deed of nsislgn- mcnt to Charlta S. Staples , the president of the bank. Considerable public money U tied up In the three Institutions , but there Is an ample supply for all Immediate needs In the other banks of the city. The assignment ot the Germaula and West Sldo banks has brought up a somewhat new question In the banking laws of this fltato , and the courts will bo called on to settle it. The state bank exam iner doubts their right to assign , holding that they should have , under the law , turned over their assets to him. The attorney gen eral Intimates that he will bring action to test the matter as Boon cs the papeni can be prepared. During the day numerous reports of trouble among other banks wcro current , and a few banks suffered runs of greater or lessor Intensity , bill the savings banks were protected by the law that permits them to Insist on sixty days before paying out dc- r > cslts , and the national banks are In strong condition , and have no tear of anything of the sort. DEPOSITORS WITHDRAW FUNDS. The Gcrmanla bank stood a run for nearly two weeks , Its depositors beginning to withdraw their accounts at the tlmo the llnnk of Minnesota closed on December 22. The last official statement of the condition of the bank was made December 12 , 1890 , and was as follows : Resources , loans and discounts , J975.420.53 ; overdrafts , secured and unsecured , $2.3. > 5.70 ; storks and bonds , ? S7S90.3G ; banking houses , $253,874.10 ; furnl- tnro and fixtures , J10.32S ; other real estate , $10.158.47 ; current expenses , $13 ; current expenses , $13,742.54 ; taxes paid , $2,131.50 ; due from banks. $59,259.78 ; checks and cat'h ' Items , $2.535.73 ; exchanges for clearing , $27,007.40 ; currency , $12.329 ; nlcklcs and cents. $244.95 ; gold , $103,500 ; silver , $1,347.25 ; total resources , $1,025,788.01. Liabilities. Capital stock , $400,000 ; surplus and undivided profits , $5S,7p7.27 ; dividends unpaid , $2 ; bank bulidlnc loan , $75,000 ; In dividual deposits subject to check , $315- 191.41 ; demand certificates of deposit , $7.899 ; tlmo certificates of deposit , ? C33,019.70 ; certified checks , $11,450.02 ; cadi creditors , $4,305.41 ; duo to banks , $90.103.17 ; total , $1,025,788.01. The Gcraanla bank lias been organized for many ycais , ex-Governor Alex Ramsey being for a long time president and William lilckel caehler. A few years ago Governor Ramsey retired and Mr. Illckel became pres ident , but last spring Mr. Ilickcl retired from the bank , becoming vice president of the newly organized Allemanla bank. Ho was succeeded by Gustav Wllllus as presi dent of tbo Gcrmanla. T. H. Monk being vice president and P. M. Kcrat cashier. The directors are Gustav Wllllna. William Ilickcl , Albert SchangcnbcrK. Joseph Haag , J D. Hermann , B. E. Dercsford , T. IV. Monk , O. E. Holman , C. L. Host , Adam Deyer. W. H. Hornsteln. The change In the official head of last year Is believed to have caused tbo losing of accounts. President Wllllus told an Associated preen reporter today that the closing was the re sult of an unreasonable panic and that the bank would be opened for business Just as soon ns the people regained their usual good soiiap. The bank , as a itsult of the pan icky feeling , hml paid out to depositors $325,000 In the last nine days , and as they saw what the continuation of thin would lead to. the directors had decided to close- for the present. Wllllus said ho fully expected to have the bank reopened and ready for business by the last of March. TWO MORE HANKS CLOSE. The Allemanla bank , capital § 400,000 , and having a clientage similar to that of the Gormanla , closed Its doors BOOH after the other bank had announced its assignment. The Allr-manla bank was organized last year , being the successor of the Commer cial bank. William nickel , formerly presl- ilcnt of the Gerninnla bank , Joining force with Albert Scheffcr of the Commercial to srganizo the new bank. Its last ofilclnl itatcincnt. made on December 17 , showa : Loans and discounts , $700,842 : sundry bouda , 83,750 ; demand loans , $02,881.40 ; capital stock , paid In. $100.000 ; undivided profits , ess expenses , $58,704 ; Individual deposits , f329,7S9.27 ; Interest certificates. $187,253.23. President Schcffer of the Allemanla said hat they had been suffering trom the psnlo , ho failure being duo to the combined hold- ng and withdrawing of deposits. A crowd ) t depositors soon gathered , demanding 1'AICIM ! 'J'HK STOCK Wo haven't p t to Unit yet llio ] iuiiilu | nro tiililiiK It Tor us talcing it without profit to nu , however but no matter It Haven us tiiUlii ) , ' It It'H no nuieli easier to count money than Ktoi-lc. Kvory- thing In music anil art at big dlsconntH for this week liiL'liitllng a whole lot of real bargains In new and ullghtly planoH null orgaiiH. A. HOSPE , JR. , ISliiDUUGLAS. THE BEST NATURAL APERIENT WATERS Dof.t1od nt the TJJ HUNYADI Springs , Guch Post , Htinfiary , thi tititiltt/e fiin/ni ! i\f \ ths R < yi ! JIunifarian C/ttmiftil Itutitutt' ( Ministiy cf Agricullurf ) , JSttt/a J'tsf. "We knowofnn Spring whlsh ihowi so p.rcat liclmcsi in Mineral Salts ° r which combines such advantage * , as thi < wntci. " 1'iofcssor 13t. 11. C. TicitROiiN , LI..D. , T.GS. , K.I.C. , Dublin. " "This Water N richer in Mineral Salts than " \ J/y / / f ill Continental Hitter t .Wutrr , audits cflic.icyisiu ( /J * * W1 * * Kic.U tint even iho smallest ( lojo tciurcs the I v Tiffo1 bcM S-tvrtt Chemist in Bud'a Prices : ID cents nntl 25 cents per bottlo. [ OF AT.L DKtiGGlSTS . - AV ) itIXEKAL'ATKK \ \ DKALKRS. Full Annlj'sls nnd nddltlnnnl Testimony nnd Information supplied by GUS. GRAKF & CO. , 32 , Bonvor Street , Now York , Solo Auoufci of , THE APOLLINARIS COMPANY , LIMITED. \ SEE that the Label bears the well-known Ruu DIAMOND Mark of Xim APOLLINARIS COMPANY , LIMITED. j Employed nt the leading .HOSPITALS in NF.\V YORK , HOSTON PHILADELPHIA , BALTIMORE , CHICAGO , etc. , and at thu principal HOSPITALS in ENGLAND. their money , and at 11 o'clock It waa de cided to close at once. Owing to the excitement caused by the closing of the Dcrm.inla and Allemanla banks today many depositors started after their money In ono or two of the other banks , tbo Minnesota Savings bank being the cen ter of excitement. The president of tbo lianlt , William Ulckel. jr. . la tbc BOH of the first vlco president of the Allcmnnla , and this fact seemed to turn the minds of the pcoplo that way. Tills morning the bank was open for business , but at 3 o'clock was taking advantage of the rule allowing sixty days notice before allowing withdrawals of deposits. At n few minutes before 2 o'clock the \VrataIdo bank , organized In 1SJ > 6 , with a capital of $100,000 , closed Its doors. The resident , C. K. Staples , told the Associated > ross representative the bank cleared .hrough the Allemanla and had Its clearings returned today because of the closing of that-bank. The Wcatsldo bink had suffered considerably from the generally shaky con- lltlon of flr.ancinl affairs. Public funds were on deposit In all three of the closed banks. The state had $10- G4G.05 In the Qermania , $35,302.51 In the Allemanla and S3.fi 1C.C3 In the Wcatslde l > ank. The ronnty treasurer had deposited $9.635.35 In the Gcrmanta , $2C.21D.3C In the Allemanla nnd $7,501.SI In the Wcstsldo jank. City Treasurer Horst had on de posit city funds ns follows : In the Gcrmanin , $ I9,7)3.S2 ! ) ; In the Allemanla , $151I5G.GG , nnd In the \\Vstslde bank. $21,891.50. The Westsldo bank lias not closed finally , but In view of the panic , pending action by the directors. The bank Is considered Rtrong , though small , and loss to deposit ors Is not thought possible. The last state ment , December 7 , Is ns follows : Total assets , $217,011.17 ; ot this $159,000 was In loans and discounts and $28,000 In real estate. The total deposits were $113,546. The furnitnro and fixtures represented $2,200 and bills rcdlrcountcd $1,509. NK\V YORK. Jan. 4. The Hanover Na tional bank Is the New York correspondent of the failed Gcrmanla bank of St. 1'anl. The latter has been In the habit of carrying a fair account here. Hut It Is stated that whatever indebtedness may be due the Han over Is secured. CINCINNATI , O. , Jan. 4. n. C. I ) Hlea. commission merchant , assigned to C. W. Scott. Assets , $21.000 ; liabilities. $37,000. CKKSTON. la. , Jan. 4. ( Special Telegram. ) The Dell department store , the largest In the city , filed mortgages today amounting : o $10.000. They claim the assets are $10.000. liabilities $20.000. Chicago. St. Joseph , Now Vork and Dos Molnes wholesale houses are made preferred creditors. QUINCV. III. , Jan. 4. The wholesale an.l retail crockery store of II. I ) . Itldder & Co. . failed today. Assets , $40,000 ; liabilities , $30- DOO. DOO.CHICAGO. CHICAGO. Jan. 1. L. W. Abt & Co. , wholesale Jewelers , failed today. Dcvil'M I.llkc Illllllv CIllMI-H. ST. I'AUL , , Minn. , Jan. 4. A Devil's Lake , N. D. , special to the Dispatch nays : The Merchants' National bank closed Its doors today pending action of the comptroller. President Terclval Is In the east and the cashlcuvould malto no ( statement. The bank was oreanlzed In 1SS7 with a $50.000 capi tal. Two or three years later K. Ashley Meurs bought the controlling Intere and lncrrase < I the capital lo $100,000. In IS12. when Mcara * sti'lng of banks and concerns went down , the affairs wore put In the hands [ > f John A. I'erclval , Iho stock bolng ro- Juced to $50.000 , but the recent hard tlmen ivera too much for It. The last statement sho-.ycd $17,000 deposits. llnnk Cnslilcr DrinviiN IllniNt'If. DAI/miOUB , Jan. ! . Ulehard Corncllu ? , : ashler and for forty-two years connected ivith the National Farmers' and Plautero' bank , of which Enoch Pratt was president up to the lime of his death , was discovered lo bo fliort In his account ! ) to the amount of ibout $00.000 today. About 10 o'clock this iiornlng Mr. Cornelius was notified of the llscovcry , and left the hank. At 1:15 : this ifternoon his dciid body waa found In the luck pond at Druid Hill park. Ho had com- nlttC'd oulcldc by drowning * Small IIMVII llnnk AMMCIIM. | MASON CITY , la. , Jan. ( . ( Special Tele- ; ram. ) The Klrat City bairl ; of Nora Springs ia made an alignment to Dyron Gummldgc > f this city. The bank has been embarrassed or several weeks , and In consequence the leposlts wcro not large. Uoprcsentatlvo M. 1. Hotterman , Samuel Spotta and T. H. Iryan were the principal BlocWioldcrs. HniiUcr IIrt > yi > r .tlWli Worm- . CHICAGO , Jan. 4. The condition of 13. S. Ireycr , the head of the banking firm of K. i\i'osii ; > TO THU COLD If yon aru Hiii-li a Jtib IIH rnnnliiK a motor ear or an t-iiKlia' yon want HOIIIO- Ihlnu to ktMij ) your foot warm. Our motonnpii'H watof proof lioolH , wltli Hlioi'ir lining , or the heavy cloth hoots , heaver and llannol lined and douhlo Koli-d , aru ro uliU' $1.00 and ! ? . " . ( ) ( ) boots but our prlco IH lf-.f n , mid $ : j.oo Just now. Warm lu-avcr lined lace ? u.oo , ij'.r.o , $ : t.oo. SHOE CO DREXEL , , 1110 FAKNAM STKI5IJT S. Droyor & Co. , whose failure was precipita ted by the suspension of the Nntlon.il Dai.k of Illinois , has changed for the worse. r.uinox II'OK A KJS.MAI.K COXVICT. Otic of ( In * I.HHt Olllcliil Aft * of Cnv- iTiinr I'liluiin. ' MADISON , Wlft , Jan. I. Ono of Governor Upham's last olllclal act , announced at 10:30 : this niornlnQ. was to pardon Hose Xoldoaky from the state prison where she has spent the past four years under llfo sentence for the murder of Ulla Malley. Governor Upham states his reason for the pardon ns follows : "I do not question the accuracy of the Judgments of the courts on the grounds for these Judgments as they appear upon the records , but there Is good rca-Jon to bolltvo that 'tlie verdict of the Jury was Influence I adversely to the accused by the fact that her ntlcrneyfl. In the exercise , no doubt , of pound discretion , failed to plane her upon the stand as a. witness In her own behalf. The law Is that the shall not be prejudiced by her failure to testify. This fact In necessarily very detrimental to the accused , and If It had been made to appear at the trial court In duo time undoubtedly n new trial would have been granted , but it Is now too late for that procedure. I believe therefore that the cast1 Is ono In which executive clemency may bo satisfactorily exercised. Mild Drcciilln-l- South Unkoln. SIOUX KALLS , S. I ) . . Jon.I. . ( Special. ) The December Juat closed brought the mildest weather known here slnco the rec ord has been kept , a period of twelve years. Only once did the momiry go below zero , on the 11 rat of the month , when the mini mum tempi'rati.re was 4 below. The high est temperature waa 41 above and the mean temperature for iho month was 25.9. On Christmas day the mercury was 32 nbovo and the average for the day was 27 , the lowest mark reached being 2 above. The farmers generally completed their thresh ing and cornhusklng In December and nil South DakotniiH arc now thoroughly pre pared for winter. Prnyi-p McHlnpTM TOP lliiNliu'MH M < > n. SIOUX FALLS. S. D. , Jan. 4. ( Special. ) The pastors have arranged a scries of down town meetings during the week of prayer with an Idea of Interesting the business men In local moral questions. The old post- oillco building has been secured and 1mlf- liour dscussloil5 ! wlll bo had from 12:30 : to 1 p. in. cnch day. Ten-minute speeches will bo made by business mid professional men on various topics touching "Good Citizen ship" and In the evening the various pas tors will make addresses. Much Interest Is felt In the plan and the pastors expect much good to result. WormTlum ( li < > 'I'linnUHKl vlnur Ntorm. MINNEAPOLIS. Jan. ! . Specials to the Journal from Hcd river valley points Indi cate that the Htnrm which has been In progrosH since Sunday morning Is moro no- vero than that of Thanksgiving , though llttlo snow has fallen. It si very cold and the loose snow lin-i been piled In tremendous deus drifts. The only train that left Grand Forks tills morning was hound for Illsmarclc and was loaded with members of the legis lature. It Is stalled just out.iidcthe city. There are no trains running In the Hcd river valley. \I-\V Sl'lu-lllc III' CITi' OF MI3XICO , Jan. ! . It Is stated that Col litP. . Huntlngton tins a corps of engineers in the field making preliminary survey for a railway from the port of Al- varado , south cf Vcra Cruz , to the port of Sallna Cruz , on the P.iclllc coast , and that If ho can uccuro un advantageous route ho will ask the government for a concession for operating the line In connection with the Pacific Mall steamers , thus doing nwny with the Panama route. < < < AAVIIJtvltli .liMVrlry. OKOVUIl. Colo. , Jan. ! . ( Special. ) The general store of Mrs. Cora M. Morrh of this place was robbed Frl'dny night by bur glars. Two hundred dollars' worth of Jewelry and general increhaiidHo was se cured by the robbers , who nro believed lo bo tramps. No uusplclon attaches to any of the residents of thla neighborhood. Two HIvHrlu CHI-M Collide. KANSAS CITY. Mo. , Jan. 4. In K.insaa City , Kan. , today two elevated electric cara collided , each being badly wrecked. Flvo pasKcngcrs wcro badly uhukcn up and moro or lens nerlously but not fatally hurt. Dr. Adolph Dietrich , the must aorlously Injured , was bruised on liUi head and rendered un conscious. PEN PICTURES PLEASANTLY AND POINTEDLY PUT. I \VI3 .11 .IKK TIIIJ 1'IIICKS Wilson IlroH. ' ? 1.50 white nlilrtH. . , ? 1.33 Silk Kurti-m . tu ! ( ) NlKlit Khlrls . . ( fie Wilson IlroH. ' ivhltu KlilrlH . tt.'c ( tiiyot misiK'iuliTH . .Silk tlcrf , all ! ; liilK ( . LTx ; llaiidkerchlcfH . r u lOIoxant colored bordered Iwmllifs. d'ooil collars . ( iO-lii. online llannel night shirts. ' . Kid and Mocha Kluvos . ( iood lined Klovi- . . . $1.00 Winter underwear , each . 5 < lu Kox , black or tan. . . ' . . ALBERT CAIIN , 1022 1'AltNAM