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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Dec. 10, 1897)
FHE OMAHA ! DAILY BEE
ESTABLISHED JUNE 19 , 1871. OMAHA , FKIDAY MOKNINGBECJIBER 10 , 1807 TWELVE PAGES. SENGLE COPY FIVE CENTS.
Antelope State Statesmen Porgo to tlio
Front at Washington.
ALLEN GETS THE FIRST BILL THROUGH
Eccnrcs Grant of Land for Public Purpcss
FAVORABLE REPORT ON INDIAN EXHIBIT
Committee Decides that Bed Men Must "Bo
BILL CARRIES-FIFTY THOUSAND DOLLARS
BlnnnKCinciit of ( lie nxpoNltlon Ho-
ce.lt on Compliment from the Com-
in It lee Kit vo ruble Report on
. Allen'M llnllroail I1I1I.
WASHINGTON , Dec. 9. ( Special Tclo-
Kram. ) This has been a field day for 'Ne '
braska. The Btato haa 'been ' largely to the
front , not only IP matters of legislation , hut
has Donned two reports from the committee
on Indian affairs of vital Interest to the
jieoplo of the commonwealth.
Senator Allen has the honor of having
passed the first 'hill ' through the Rcnato this
session , tlmt of granting to the town of
Valentine , Cherry county , 720 acres for pub
lic parks , cemetery , fair grounds and other
.purposes . , the amendment ns reported from
the committee on .public , lands being accept
able to both senators from Nebraska that
when the lots ceased to ibe used by the town
of Valentino for other uses than contem
plated In 'tho bill , the same shall revert to
the United Slates. The bill 'went through
with a rush.
'But ' what Is of much greater Importance ,
not only to the people of Nebraska but to
the people of the transmlsslsslppl country ,
Is a favoralblo report on Senator Allen's bill
providing for the holding of a congress of
Indian families at Omaha next year. The
committee on Indian affairs decldo'J today
to report this .bill favorably on ( Monday , ap
propriating $59,000 Instead of $100,000 as
originally contemplated , and aiding the bill
In a few minor particulars.
The report of the committee , which was
completed late this afternoon , states : "There
lias never been , so far as your committee Is
Informed , u thorough 'Indian ' exhibit at any
exposition held In the United States , and
wodeem It Just and .proper that it should
too done at this one. Indians , anU therefore
their customs and habits , are rapidly pass
ing away , and It Is ibcllevcd this exposition
will 'bo ' the nrst and probably the last oppor
tunity the people of the United States will
( have to see the aborigines In. . their various
stages of development and perceive their
habits , customs and the advancement they
ihavo inado toward civilization under our
present sstem of national education. "
EXPOSITION'S A GO.
The letter -which Senator Allen received
from Major J. W. Powell of the Ethnological
Bureau and 'Hcilbcrt ' O. Welch , secretary o !
the Indian Affairs association , arc made a
part of the report. The report further says
In citing the act appropriating money fo
making a government exhibit :
"Tho entire sum of money required by
that act has been raised and unany thousand
of dollars besides , grounds have ibeen so
looted , many buildings have been constructed
and many others arc In iproccss of construc
tion , and the exhibition bids fair to bo the
largest to which the government has In any
manner contributed since the Columbian ex.
position of 1803. "
The committee on Indian affairs decldei
also to report favorably Senator Allen's bll
granting a right of way to the Omaha Northern
orn Hallway company to construct a rallwa
across and establish stations en the Omaha
and Wlonobago reservations In the state of
Nebraska. The report will say : "This la a
genuine Incorpoiatlon and the committee has
every reason to believe that the road will bo
constructed within the tlmo contemplated In
the bill and that Its construction and coera-
tlon are much needed. "
The house committee on foreign affair * at
Its meeting today had before It the scnalp
concuircnt resolution patued at the last ses
sion of congress , calling upon the president
of the United States to Invite foreign nations
to partle'S'ito in the Omaha expsltlon next
year , and a subcommittee composed of ( illicit
of Massachusetts , Hcatwolo of Minnesota and
Berry of Kentucky was appointed to report
on the same to the full committee. In view
of the fact Hut Invitations have been ex
tended to foreign nations , it Is thought that
Representative Mercer will suggest an in-
I1HL BY MEHCEK.
rtitiresrntatlvo .Mercer today Introduced a
bill for holding a congress of Indian tribes
next year at Omaha , which was referred to
the committee on Indian affairs. Ho Is al o
In receipt of a letter from Chief Executive
Offlccr Kemper of the architect's office , stal
ing that the walls or the South Omaha post-
office up to the first floor Hue arc to bo faced
iw.lth granite , the BUiierstructuro to bo of
pressed brick with terra cotta trimmings.
Senator Thurstcn has called upon the Post-
ofllcB department on behalf of Postmaster
Sherman at Wahoo for additional allowance
tor clerk hire , the deputy'a salary having
been cut from $300 to ISO on account of a ml-
< ako In weighing mall matter at that olllce.
The case of Ambrose Stewart against Kent
K. Hayden of Lincoln was reached today In
the Rupremo court , C , C , Flansburg represent
ing Stewart and O , M , Lambertsoii , Hayden
nnd the First National bank , The case was
not finished whsn court adjourned.
O , A. Atkinson and R. Talbot of Lincoln
ere at the Wellington.
, Senator Thurston Introduced a number of
pot It Ions today from church societies of
[ Aurora , Neb. , lu relation to the ago of con
sent In the District of Columbia and tbo eulo
of alcoholic liquors at the capital.
A bill for the relief of Hiram M , Palmer ,
brother of Captain Palmer of Omaha , wan
passed by the icnattt today ,
Pcutir.aetera appointed : Nebraska Kim-
tall , Klmball county , Isaac Housh , vice N. H
I'routy , removed. Iowa llarncs , Mahaska
county , Frauds M , I.lkens ; Conway , Taylor
county , William T. Faucott ; Covlngtou , Linn
county , Samuel Lord , Emerson , Mills comity ,
John Q. Graham ; Hopevllle , Clarke county ,
Charles P. Culver ; Kllduff , Jasper county , E.
llurchard ; Martellc , Jones county , Frank E.
Orinsby ; Promise City , Wayne county , Wil
liam W. Klnrer ; Randolph , Fremont county.
Jamrs H. Wylte ; Stone City , Jones county ,
Dully Trtnuury Stiitemeut.
WASHINGTON , Dec. 9. Today's statement
ftt Uie condition ol thu treasury BUOHB :
Available cash balances , $227,314,145 ; gold
reserves , $153,313,412.
CantloiiM Senntor * to Kxnntlnc Clnlinn
WASHINGTON , Dec. 9. Mr. Galllngcr of
Now Hampshire , chairman of the committee
on pensions , requested that at the conclusion
of the morning business today an hour be set
aaldo for the consideration of private pen
sion bills , of ) which ho Raid there "were over
200 on the calendar endorsed by the cominlt-
"I want to eiy , " he said , "that there Is
a laxltji among senator about sending pen
sion bills to our committee. Senators should
be absolutely satisfied of the merits of meas
ured before Introducing them. I am satisfied
thut In private pension matters wo have
gene to the extreme limit and It Is time to
call a halt. "
Mr. Galllngcr thought the practice of pen
slonlng remarried widows and sevcrel other
classes of claimants ought to be stopped. He
thought , too , that the foommendatlon of the
comml&iloncr of pensions that a law should
be enact5d speedily providing that no pension
should bo granted to a widow , If her mar-
rlago to the soldier had been subsequent to
the passing of the law under which he was
drawing a pension , ought to bo favorably
Jn response to a question by Mr. Allen
of Nebraska Mr. Qalllngcr said he wan op
posed to the granting of largo pensions to
widows of distinguished officers.
The order requested by Galllngcr was then
Mr. McDride ft Oregon secured the passage
of a resolution asking the secretary of v.ar
for such Information concerning the Alaskan
miners In the Yukon valley as he might have
In his possession.
The ncnate then began the consideration
of private pension bills under the special
order. Forty-five bills were nasscd , the nn
Jorlty of them being for Increases to pcnsiona
Mr. Gear of Iowa , chairman of the Pacific
allroads committee , said that too much
L-redlt could rot be given Hie present admin
stiatlon for the admliiiblo manner In which
t had handled and disposed of the Pacific
Mr. Harris facetiously congratulated his
'rlcnd ' front Iowa ( .Mr. Gear ) and his friend
rom Nebraska ( Mr. Thurston ) upon the
ihango which had come over them since t'lo
Consideration of the Pacific railroad question
Mr. Gear responded that so far as he was
: oncerned no change had been experienced
nd that ho was just as much opposed to
; ovcrntnent ownership of railroads ao ever.
Mr. Thurston congratulated the country on
.he result of the administration's efforts re
garding the Pacific railroads. He said that
f the plan proposed by Mr. Harris had been
adopted the United States would not have
ccelvcd anything approximating the mag-
: ilflcent eum which had been paid for the
main line of the Union Pacific railroad. Ho
slid that the result demonstrated the cor
rectness of the pcoltlon which ho had held
over since the Pacific railroad matter had
been a subject of controversy. He expressed
the opinion that the prosperous business
conditions brought to the country by the ad
vent of the present administration had so
mprovcd the main line of the Union Pacific
that It would now probably earn dividends
upon the full amount of the largo purchase
price paid for it.
Mr. Harris Inquired whether Mr. Thurston
thought that the same conditions would cor
; espondlugly improve the Kansas Pacific
Mr. Thurston said that It was hardly tc
be expected that a branch line would hi
affected in the same manner as a great trans
continental railroad. He said ho notice
in the president's message that the admin
Utratlon Is committed to the policy of pur
chasing the Kansas Pacific branch unless a
hotter price was offered. Ho did not believe
In government ownership of railroads , and
ho was of the opinion that the experiment
of such ownership , If It was to be tried ,
might better bo tried with some other
than the Kansas Pacific. He suggested to
the Pacific railroads committee that the
authority asked for by ths president to buy
In the road bo coupled with full pov/er to
Upon motion of Mr. Lodge the Immigration
bill was made the unfinished business on
the senate calendar.
Mr. Carter , chairman of thg census com
mittee , secured unanimous consent for the
consideration on Monday next of his bill
providing for the taking of the federal
census In 1900 , Mr. Ledge agreeing not to
press tha Immigration bill on Monday or
Tuesday In view of the anxiety of Mr. Car
ter to secure consideration of tbo census
At 2:40 : p. m. the senate adjourned until
HFFOKTS OF HAVTIA.V MIMSTHU.
I. lull t on Indemnity Cliilni
liy 'I'll In ( iovernuieiit.
WASHINGTON , Dec. 9. The Haytlan
minister , Mr , Lcger , called at the State de
partment today to talk with the officials
respecting the settlement of the difficulty
between his country and Germany , and also
to make eomo representations touching the
case of the American engineer , Campbell ,
whosu claim for an Indemnity formed tli2
subject of a resolution of inquiry , which his
been presented In the United States senate.
Ho endeavored to make It clear to the solic
itor of the department that there was an
other sldo to the Campbell case from that
presented In the resolution and tbo state
ment n filed with hlH claim.
According to the minister's representations
Campbell was practically enlisted In Now
York for tcrvlco In the Haytlan navy at a
tlmobcn an Insurrection prevailed In the
sland , Ho made a contract , not with
Haytl , but with Mr. Compton , an American
citizen , to go to Haytl to servo as an engi
neer. When ho reached the country ho re
fused to servo. An effort was made to
oblige hlni to carry out his contract , but this
failed and ho drifted back to New York.
That was In 1SS7 or 1SS3 , and It was not
uutll nlno years later that anything was
heard of u demand for Indemnity. Then
Campbell sued Compton In New York for
breach of contract ar.d getting a verdict
filed a claim for Indemnity with the State
department against the government of Haytl
for the sum of $100,000. That claim Is still
pending and , according to tbo minister , so
far from ( hero having been any undue delay
In Its adjudication , the Haytlan government
has only recently had It under consideration.
The minister took occasion to assure Sec
retary Sherman of the warm feeling of re
gard felt by hit government and people to
ward the United States , to whom they looked
with affection and reverence , and declared
that thu government of Haytl had no dis
position to treat any Jutt claim In behalf ol
any United State * citizen with lack of con-
INTERVENTION WILL COME
Reaidonls in Havana BoHovo United States
Will Trtko a Hand ,
AUTONOMY , 7HU3 FAR , IS DISAPPOINTING
OoiiBcrvntlvc Culmii XcrmimiicrH Ai -
ncrt tlmt 1'rehldent MclClntcy llcal-
tiitON to Act Ilecmino. He IN
Afrnlil of Spain.
( Copyright , 1597 , by Press Publishing Company. )
HAV.VNA , Cuba , Dec. 9. ( New York
World Cablegram. Special .Telegram. ) The
Havana newspapers of all parties protest
Indignantly against President McKlnlcy's
plain Intention as foreshadowed In his mcs
sago to Intervene with force should auton
omy fall to persuade the Insurgents and the
war continue. There Is a strong undercur
rent of opinion In all circles , even govern
mental , that active Intervention. . Is coming.
Autonomy , so far , Is disappointing In Its
effect oa the rebels. Tlio only chiefs who
have surrendered are two men and one
woman. The extreme conservative newspa
pers say the only reason. President McKln
ley awaits the developments of'autonomy
Is fear of Spain. They predict that the
United States would dissolve In case of war
all the European governments -would send
slior.s , armed contingents , and "the several
millions of foreigners It * America would rise
to Join them. " Civil war would cnsuo , the
south anJ west would separate from the
cast and .Mexico would take Texas. The con
demnation of Woyler In the message Is taken
as high proof of his greatness and worth.
La Luslia startles official circles by saying :
Belligerency Is not recognized simply bo-
; auso the consequent right of search on
Igh seas would make the position of the
Libels more uncomfortable than It now Is.
'he right of paclflo Intervention In Cuban
ffalrs Is clearly and definitely set forth In
he message , and the hour to use force Is
nly delayed until , as iMcKlnlcy expects , his
government will 'be ' forced to It by public
There has been no anti-American dem-
nstratlon hero yet. None la likely until the
cbel refusal of autonomy Is undemtood , un-
css there Is much Jingo talk In congress.
HIG BATTLE EXPECTED.
An Important battle Is expected hourly.
Tha Insurgents have planned the most
'ormldablo demonstration against Havana
lor a year. General Parrodo has started
rom this city with strong columns of troops
o meet the Cubans. Senor Canalejas , the
onfldcntlal agent of the Spanish govern
ment , went with him to ascertain the leal
: ondltlon of Havana province.
Mayal Rodriguez , with the combined Cu
ban forces under Juan Delgado Nodarso ard
Rafncl do Cardenas , Is encamped on La
lsa plantation , near Gulra de Melons ,
about twenty miles south of hero , on the
railway to PInar del Illo. Ho has fully 1,003
men who are well armed and are said to
have a Hotchklss rapid firing cannon. The
.opography of the country about Culra de
Mclcna is favorable to the Spanish troops.
Emllco Clazeo hanged Antcaio Rtdrlgucz
Rivera and the .negro Osnun. They went to
Collaeo with mouey and a proposition to lay
down their arms , accepting autonomy. A
note was plnne.1 on too breasts of the
hanged men cnnounclng that any c-nc- com
ing 02 a similar mission would meet a like
It was reported authoritatively yesterday
that on Sunday the Spanish guerillas of
Calmoaera , near Guantanamo , deserted to
the InsurEc-at leader Rodorigucz , with $14-
000 , and 52,000 cartridges with arms. They
were supposed to have numbered about fifty
Juan Delgado's party lately attacked Srn-
tlago de Los Vegas , near Havana. The
place had three companies of guerrillas and
as Infentry column. There wso a hot fight
for three hours. The Insurgents did not
eater the towa. The Spanish losrcs were
heavy ; those of the rebels arc not known.
The latest reports of the recent fight In
Plnar del Rio province show that the Spira
ls ! ! loss waa greater than was claimed. Tha
dead or wounded Include one colonel , one
major , seven captains , eleven subordinate of
ficers and eeventy-four privates. Most of
the wounded will die. The rebel loss was
fourteen. The rebels really used explosive
bullets. Their agents hero admit It.
IXSURfiKXTS KA1I1 SEAI'OUT TOW.V.
Capture CoiiHliIernlilu Money mill
Iiiii'Ku Amount of Sii | > pIle .
HAVANA , Dec. 9. It was officially on-
iDimced today from Spanish headquarters
that a "group of rebels entered Calmancra ,
near Ouantanamo , favored by the treason
If an officer. " Calmancra Is the port of Guan-
atanaino , ruv.l U tltuated fifteen miles by
rail from the latter nlaco. Calmnnora Is on
the bay of Ouauitatiaiuo , otherwise Ctimbot-
The Insurgent force , luo ofilulol npDf !
adds , cccislsted of forty guerrillas , volunteers
and natives of Cuba. They are known to
have plundered a store and to have carried
oft the sum of $3U,000 , which was on a wharf
and which had recently arrived from Havana ,
t is also said that the Insurgents killed the
police Inspectors and two gendarmes on fluty
and wounded n Spanish paymastej ; named
Jose Vigil. Mure Spanish gv.orrlllas , the offi
cial announcement concludes , hare Joined tha
Marshal Blanco , the captdln general , hni
ordered the distribution of rations among tha
conccatradocs to bo stopped , $100,000 havlnti
been given out among them In lieu ol
Insurgent Brigadier General Lopez , who
was captured by the Spanish troops on the
heights of nanoa , haa been released.
The foaiilsli troops at Itoquc , In the dis
trict of Sanctl Splrltus , province of Santa
Clara , according to ofilIal announcement ,
have been engaged with a number of Insur
gents , several of whom wcro killed. The
troops , It U added , also captured seventeen
Insurgents and a quantity of arms and amu-
nltlcu , while the Insurgent colonel , Sanltl ,
and an Insurgent major afterwards sur
rendered to the government force.
.SiiiinUIi Cnlilnet I.IIJM KM HopuM on
the .Vviv Ioin. :
MADRID , Dec. 9. The Imparclal says that
It tdkoa It for granted that the government
will make prfparatlons to meet Intervention
threatened by President McKinley , adding :
"It the now lean for the roorganlzatlcn of
the navy is floated It U sure to succeed.
The responsibility of the government Is enor
mous If It falla to profit by the cppDrtunl'y
offered to place the country In a position to
dcfc-nd Its Interests. "
The Ministerial Glebe confirms the reports
that the government Is "making prerara-
( Ions to meet the Intervention. "
At A cabinet council today , the queen
regent presiding , the prej lcr , scnor Sigasta
outlined the opinions ot the European press
regarding President McKJnley's message to
congress , tlic majority ol which , the pre
mier said , were fivorabljo to Spain. He
further declared that Irtj the event of the
United States nttcmptldgj to Intervene In
Cuba It would flmTJ.'ic government prepared
< o defend the rights and honor ot Spain , As
to the military operations In Cubn , the pre
mier Informed the cabinet that the results
obtained were satisfactory. The premier also
said ho did not attach much Importance to
"the attitude of certain senators. "
tinr utsci'ssiox ' ov XAVAI. HIM * .
\atliinn1 I.eiuler liefer * ( n Policy of
of the United State * .
UBRLIN , Dec. 9. .Tho Reichstag today re
sumed the first reading on the government's
Hcrr Hammachcr , national liberal , said
his party unanimously approved the princi
ples of the measure and attached the great
est Importance to the 'navy. In connection
with the export trade , the speaker thought
the commercial policy of the United Statfa
and Great Britain should be early considered ,
Hcrr Galler , peoples' party , said his -party
would oppose the bill , which he asserted was
the first step toward the establishment at
naval absolutism. "Guns , " Hcrr Galler
continued , "cannot open new markets. South
Germany Is absolutely opposed to the meas
Herr Zimmerman said the liberal party
desired to favorably consider the measure ,
but It demanded guaranties that the bur
den of the new taxation would not fall upon
the distressed middle classes. Ho believed
a majority of the party would vote for the
The Bavarian Peasants' association , said
Hcrr Hllport , reserved Its decision pending
the government's explanations relative to
the manner of providing the money neces
After other speeches had been delivered the
bill was referred to the , budget committee.
U.VIAMXISSaioxo TIIK MOSMSIIS.
1'Vnreil Hint They Mny KIIKIIKC ItiiNslii
ST. PETERSBURG , Dec. 9. Throughout
Russian Asia there is general unrest among
the Moslems. It Is attributed to the exag
gerated reports of the Turkish victories over
the "great Greek empire , " which have spread
through the length and | -c-adth of the con
tlnent. The authorities cvcn fear that the
revival of brigandage recently noticed In the
Caucasus Is directed almost solely against
the government om.olalS | and the unprece
dented phenomenon of tjorglans displaying
hostility toward Armenians .has become mani
The danger Is so serious that a conference
of Caucasian governors , has been convoked
to concert mcasurc-s of pacification. Travelers
In Central Asia report i an extraordinary fer
ment among the Moslqnw of different races.
They are sinking their mutual animosities
and declaring that they are first of all Mo
hammedans with the sutan ) as their common
chief. It is evident that the slightest pre
text would suffice to b us about an uprising
and to plunge Russia Into the same .sea of
trouble as Asia. /
TIIIXKS uxTrEn STATES POMTIC.
I of CiMVunllee an I'nrt of
This ( Jovernment.
PARIS , Deo. 0. The Temps , commenting
today upon the settlement of the Haytl-Ger-
man trouble , sajs : "President Sam and hla
colleagues Imagined tfiat the convenient and
clastic Monroe doctrine would apply to their
case. This llttlo calculation was wrong. The
United States was npt anxious to advertise
or extend its BOllqjtude to negro states. On
the other hand thq last reproach which can
bo urged against the policy at Washington
Is not taking Into account the relative
strength ot nations America does not wish
to embroil Itacl'f ' with Qermany merely for
the beaux yeaux of- the ? ' black republic. "
C1I1.VA MUI2TS CilSIlMAXV'Jj DEMAXDS.
Ivlno Clinu Will lie KviuMiatcil nt nil
lCarl > - Unto.
LONDON , Dec. 9. A dispatch to the Times
from Pckln says that today the tsung-11-
yamen telegraphed the viceroy of the prov
ince of Chi LI , north of the province of Shan
Tung , that China , having complied with the
demands , Germany undertakes to evacuate
Klao Chau at a date to bo fixed hereafter ,
and will receive Instead as a coaling sta
tion the Sam Sah Inlet , In the province ot
Fo King , over against the Island of For
OviTiliii ; Stfiiluor ArrlvuH.
VALETTE , Island of Malta , Dec. 9. The
steamer Clyde , Captain Gordon , which wao
overdue at this port , hjs arrived hero from
Marseilles. The Clyde encountered a ter
rific hurricane In the 'Gulf of Lyons , during
which all Its storm sails , were blown to
shreds and Its commander was compelled
to heave to for forty-eight hours. The
Clyde bad about 100 passengers on board.
I'lot 'Ainlii ' t Krni.ee.
PARIS , Dec. 9. La Patrlo today prints
a sensational statement' the substance o :
which Is that the Dreyfus agitation Is thu
outcome of an International plot to divert
Pranco'B attention from events abroad , and
adding that an International syndicate , with
this object In view , backed by foreign gold ,
commenced operations In Belgium , and de
veloped them In Germany.
\Ve.vler Will Dcfonil llimself.
MADRID , Dec. 9 , General Weyler , for-
nerly captain general of Cuba , is quoted
rom Barcelona as saying ho considered
'resident McKlnley's hostility to be the
nest glorious compliment which could ho
paid him , when "coining from Spain's
enemy. " The general further remarked that
ho would make a statement in the Cortes in
order to defend hla poll-cy.
Attempt on Sulinii'H Mfe.
LONDON , Dec. 10. The Athens correspondent -
pendent ot the Dally Chronicle says that on
Monday last two- ' soldiers In the Imperial
service at the Yildlz Kiosk , the palace of the
sultan , made an attempt on Ills life. This
was frustrated 'by ' the attendants of tbo sul
Still HlotliiHT I i Honolulu.
VIENNA , Dec. 9. The young Czechs made
a demonstration at Drunn , ths capital of
Moravia , yesterday , but were dispersed by
the police , who later wcro called upon to
disperse a counter demonstration of the Gor
mans. Twenty-four arrests wcro made.
.MnvemenlN of tleenn Vi'HNt'lx , Dec. 0 ,
At New York Arrived NordJand , from
Antwerp ; Trave. from Uromen. Sailed
\Verkendam , for Amsterdam.
At Queenstown Sailed Britannic , for
At Nnples-Sttlled-Alsatla , for New York ,
At Ixindon Sailed Manitoba , for New
At Bremer Havem-Arrlvcd-Sprec , from
At Naples SalIed-Normannla , for Nchv
At Hotterdam Arrived pb(3am ( , from New
At Liverpool Arrlvdd-I nnland , from
CALVESTON WILL BE HERE
Texas Oity Pioposes to Oomo to the
ENTHUSIASTIC OVER THE BIG SHOW
Arc Itoynllr Kiitertnlneil
mill Tholr MUnlnii to the l.one
Slur State IN .Mint Heartily
HOUSTON , Tex. , Dec. 9. ( Special Tele
gram , ) TTho Nebraska delegation reached
GalvcHton this morning and were the guesto
of the city the greater part of the day. The
reception was a royal ono and nothing was
left undone to make ifho visit both pleasant
and profitable. A boat ride on the gulf to
the end of the jetties was the first feature ,
followed by a rldo about town nnd oyster
roads. After the latter speeches wcro made
and the Galvcaton people were enthusiastic
about the exposition. They assured the vis
Itors that Galveston would bo represented
and would do everything to enthuse the rest
of the state. Resolutions adopted by the
Houston convention were readopted. A large
leather medal was presented to Alvln Saun
ilers as the greatest oyster eater In the
crowd , with a record of 9SO bivalves. Ono
feature of the occasion was 'the passing of
a Oecvl from the citizens of Galveston to Al-
i'ln SaundcTs , trvotco for the .state of Ne
braska , conveying .tho first halt mile of the
Jottles , covering 320 acres of whaifago.
Mayor Fiji made the presentation speech
and put great stress on the possibilities laid
before the state of Nebraska by this transfer.
The pai'ty ' started for Dallas tonight and will
spend tomorrow at that place.
IMj ASIC VOH STAMPS AMI POUT.
position FJseoiitlve. Committee le-
c-liU-M to Tiil i > Ailvniitnpro of OITern.
At a mcetlhg hold by the executive com
mittee of the Transmlsslsslppt Exposition dl-
rectoro at the Mlllnrd yesterday afternoon
a resolution was passed that the manager
of the Department of Publicity and Promo
tion bo authorized to apply to the United
States postmaster general and request that
a special stamp bo Issued , commemorative
of the holding of the exposition.
A resolution was also passed to the effect
that the president of the exposition be em
powered to make application to the War de
partment for the use of Fort Omaha and Its
buildings from May 1 to November 1 , 1S98.
A communication was received from
Charles E. Thurman containing a proposi
tion to place In commission a special ear
with a crew of fifteen men for advertising
purposes. It was proposed that the car be
handsomely decorated on either sldo with
blrdsoyo views of the exposition and that
It bo supplied with 30Q,000 pamphlets de
scriptive of the big show for distribution in
territory adjacent to Omaha. The communi
cation was referred to Managers Babcock
AT THE I'OI.VT OF DEATH.
No I'nrtloiilnr Clmiifrc In Condition of
Mr . Mclvliiley.
CANTON , Dec. 9. The day has been al
most devoid of Incident In the room of Mrs.
McKlnley , who still lingers at the point of
death. Her rest during the day seemed a
trifle ICES peaceful than hercto'on ; and at
times eho experienced trouble In breathing ,
the trouble being accompanied by apparent
distress In the throat , the direct evidence of
which was an ominous ratfle.
At neither of his calls today did the at
tending physician note a distinct chauge lu
the condition and each tlmo he expressed
hope of survival for some hours to come.
Just before dinner this evening he wns there
and thought there was very good prospect
of her living throughout the night. At this
tlmo President McKlnley was not ra hopeful
as the doctor. Ho thought his mother had
failed very rapidly during the day ; that the
was so weak that the end could not much
longer bo delayed , and was prepared for the
dissolution at any moment. He has been
at the bedcldo nearly all day and will remain
there at least until midnight tonight. Ho
took but a few hours' rest this morning , tnd
with his brother Abner took a short walk
during the day.
The patient has taken no nourishment
since Monday and has not taken even a sup
of water for many hours. That she retains
life HO long without any nourishment Is the
most surprising feature of the case.
TNOTiiKH A.M ) ciiiMiitKX MimnHiticn.
Mont AtrocloiiH Crime on Heeoril In
the Si-11 Hi.
WESSON , Miss. , Dec. 9. One of the most
atrocious murdera on record in the south
was committed last night in Simpson county ,
twenty miles from here. Drown Smith , a
armer ana a son or ex-itopresentativo uu-
ward Smith , left his family at hlfl homo In
ho country to go to town for shopping pur
poses , This morning when he returned ho
'ounJ. his wlfo and five children weltering
n their blood end apparently all dead.
This evening ono of the little girls , sup
posed this morning to have been dead , has
revived enough to tell what she knew of
the occurrence , She said she knows the
man who committed the deed , that It was
a negro , and described him. *
A posse In now on the track of the mur
derer and there Is great probability that he
will bo apprehended before morning , and
there can bo but little doubt of his meet-
ng speedy Justice when caught.
It Is learned that Mrs. Smith and four
of the children are dead , Sheriffs McNalr of
Lincoln and Thompson of Coplah counties
have gone to the secneof the murder , each
with a pack of trained bloodhounds.
WII.I. I1I3II3M > TIIIJ JKXXIXG'S GAXfl.
Temple HoiiMtojt .Seeni-ed , Who KMIeil
Ono of Hie ( iniiK.
GUTHRIE. Okl. , Dec. 9. Considerable In
terest haa been aroused throughout the terri
tory by the report that Temple Houston of
Woodward , son of Sam Houston of Texas
fame , has been retained to defend tbo Jen
nings brothers and their gang In their com
ing trial for train robbery and other crimes.
A year ago during a saloon row at Wood
ward , Temple Houston shot and killed one
of the Jennings brothel's and seriously
wounded Al Jennings , ono of the men whom
ho will defend. Frank and Al Jennings and
Houston hive elnco been sworn enemies.
Jennings la a lawyer of no mean ability ,
having been very successful as prosecuting
attorney of Canadian county , Oklahoma.
When a young man he attended the Univer
sity of West Virginia , where he studied law
for two years. He la not a graduate of the
University of Virginia , as wan stated at tbo
tlmo of his capture.
Money for Southern Point * .
.NEW YOHK , Dec , 9. Currency transfers
by the uubtreasury today aggregated HOO-
000 , ofwhich minv $300,000went to St. Louis ,
and the remainder to Now Orleans ,
THE BEE BULLETIN.
VrVnlher rorecntt for Nbr tlta
' Fair ; Northerly \VlnJ .
1'ngt ? .
I , I n ill on Cotifro * Almrnt n UeMlty.
Cntmn * All Inote ( or Intervention ,
( Intvrfttnn Will Ho nt the lltpoiltlon.
Mnyor Moorcs Score * Agnlnflt Itrnntch ,
8 , I-iinMng Theater Cnso Up In Court.
Wheat ( Joes IIiillnnnliiB Agnlii ,
3. Congressmen I/iy Out n Program.
Opposition to the. Ponllng till ) ,
4 , Kitltnrlnl nml Comment.
0. Council Hindu Locnl Mutter * .
( lov. Dttiko anil the llnnodlct Homo.
7. IMitn for Irrigating Arhl I.nniM.
Miller I.caiU the Weary I'eiUlcrn.
8. Dnollttln ( lots Into n Itiitl Ml * .
Another Clerk Arrested for Stealing.
0 , rinnners of the Sehool Itiianl ,
Thief Str U n Widow's llouril.
Two MtiKlrr Mjnlerlm I.nltl to Itest.
( ) . rushing Work on the Imposition.
II. Commercial unil ritmuolil : News.
18 , Training of Army onict-r * .
Temperature nt Onuilint
lour , Depr. Hour. IK'jr.
n 11. in : t. t 11. in II
( t n. in ! ll " | i. 111 -I-
7 n. in iii ! : t ii. 111 i-
8 ii. 111 : i- > ii. 1"
t ) ii. in : u r ti. 111 to
II ) n. in ! I2 tl p. ill IO
11 ii. 111 : tr ii. in * . . . . . : ti )
11 : in as s ii. in : ts
l 11. in it
There Is an excellent prospect for rain or
enow lu the vicinity of Omaha today.
IVIDI\OI : OF FHIGIITFOIJ Mimmsit.
Ileltef tlmt n Mini \Vni lloiinil to the
CHICAGO , Dec. 9. Evidence of n startling
nature , which Indicates that a murder has
been committed somewhere between Chicago
and Denver on the Chicago K. Alton railroad ,
wcs found today on top of the front trucks
of the Pullman sleeping car , Mllltadcn ,
shortly after Its arrival In Chicago. It was
a human foot , apparently that of a man , and
a lorif , ' , Blender splko penetrated the largo
100. The foot , which had been torn oft above
the ankle , was bare and mutilated. Liga
ments which had been torn from the upper
portion of the limb and remained attached
to the foot In dismemberment wcro twlstct
around the bloodstained trucks of the
The police believe that a man had been
tied to the railroad track , his feet spiked to
the ties and that ho had then been loft to
meet certain death under the train. On this
theory Inquiries are now being made nt every
point on the road between Chicago and Den
ver. The spike , which was In the center o
the toe , was about five Inches long and o
the kind used In certain parts of railroad
construction where a. delicate , yet strong ,
pleco of metal Is used to hold wood together.
There was no blood on the engine , which
the railroad men say , proves that the acci
dent or murder , ns the case may be , occurred
west of nioomlngton , as a change of en
gines is made at that point.
MEXICO , Mo. , Dec. 9. The mangled re
mains of a main supposed to bo that of Sam
H. Maynes of Princeton , la. , were found
near-this city this morning strewn along the
Chicago & Alton railroad tracks. The re
mains were not discovered until after the
train had passed. The head would appfar to
bo that of a man about 35 years of ago. The
supposed Identification of the body is from
papers found In the dead man's clothing.
COLMSIOXS CAHSKI1 HY TIIK FOCJ.
Elcvntert Trnlnw nti'l TURN llnvc n
Hnril Time- .
NEW YORK , Dec. 9. During the fog
shortly after 7 o'clock this morning two cars
on the Second Avenue Elevated road col
lided at Ono Hundred and Second street.
The cnglno of the rear train ran Into the
rear car of the train injured. Ther | names
arc : William II. Mastcrson. severe scalp
wounds ; Fireman O'Brien , bruised neck ;
Timothy Sullivan , brulccs of the hands. All
the passengers of both tralna were thrown
from their scats. The engineer of the rear
train was arrested.
The fo ? was responsible for another "L"
railway collision In which two persons were
Injured. It occurred on the Sixth avenue
line at Ono Hundred end Thirty-second
street , where an unbound train ran Into an
other. The engineer of the rear train , Wil
liam Donaldson , and a passenger wcro pain
fully brult > ed.
On Hast river , the frrryboat Kluehlng mis
took the bell of the steamer Miami for that
of the Long Island ferry slip and bumped
the steamer hard. There was some confusion
on board the Flushing , but no material damage
ago wns done to cither craft. The Pennsyl
vania railroad ferryboat Cincinnati and the
New Jersey of the Scotland street line were
in collision at the slip at Cortland street.
Doth boats were crowded with passengers
and a wild scramble for safety ensued when
It became evident that a collision was Inev
'orco ' and the overlapping guard of the New
ereey boat crushed the guardrail on the
ort sldo of the Cincinnati , The Now Jersey
was Injured. No one was hurt.
XOTOUIOrS OUTLAW TfT ICIU.KD.
rliiKN DOIVII Three Ollloerx Jlefore He
DENVER , Colo. , Dec. 9. News has Jus ;
been received lioro of n desperate fight that
occurred near the border of Arbona and old
Mi-xlco. Three guarJs of the Mexican sorv-
co and ono desperado wcro killed. The lat
er was "Frank " 0 , Phallard , ono of Black
Jack's gang , and an outlaw from Texas ,
wlioso two brothers wcro killed while mem-
: > ors of Billy the Kid's gang. A few days
qo the border guards learned of n raid that
was designed by 'Black ' Jack to loot a town
across the river. A start was made from
Leandcr Springs nnd the guards had no dif
ficulty In finding thorn.
The two forces met face to face at a turn
In the railroad , There wcro eight outlaws
against three officers , hut the latter opened
the attacks with orders for "hands up. "
Two of the outlaws turned their horses for
the hills , but Phallard dismounted and drawIng -
Ing his Winchester opened flro and killed
the three offlcers before ho foil with a
wound In his side , which proved fatal. In
his pocket -was a letter from Miss Edith
Cunningham of Las Vegas , stating that Jier
biothcr had Just been shot and killed by
Dick Ulacley at lied Illver , N. 11.
Phallard Is the last of the &iin Uass gang
of train robbers , who cleaned out Custer
City many years ago. Ills two 'brothers ' wcro
killed In the Panhandle of Texas by state
KLisviix Jiiitoiis AMI : xo\v SKCUHUI ) ,
Much Delny In' SlnitlnnI.iietirrrt'M
Seeuiiil Trill ] ,
CHICAGO , Dec , 0 , Four new Jurors wore
secured In the Luetgert COFO today , They
are Charles A. Enow , JUchnrd Meo , Joseph
P. Dolek and B , W. Ferris. Junr I'rank
Hoffman was challenged by the defrnno and
dismissed , The Jury now lacks but tnt ) man
and It la expected ho will be secured tooaor-
MAYOR MOOKES WINS
Supreme Court's First Decision in tlis
Broatch Contest Caso.
DIMURRER OF RELATOR IS OVERRULED
Answer Pilot ] by Respondent Hold to JBo
Sufficient for Defer sj ,
IMPORTANT RULING ON A FEE LAW
Unclaimed Fees nnd Ccsts Do Not Bccomo
RETENTION DOESN'T CONSTITUTE DEFAULT
telntor Muni Slumtlint Jl
Wilfully nml KliiKrnuUr
leeteil ti > I'ny Over
i MoucyN lie llrlil.
LINCOLN , Neb. , Dec. 9. ( Special Tele
gram. ) The supreme court has handed down
nu opinion In ttio Droitch-Moorcs
- case , de
claring that the dctmmcr 'to ' the answer
should bo o erruledlth leave to the re-
ator .to reply. The opinion Is by Justice-
Norval , with Chief Justice Post nnd Com
missioner Hyau concurring. The syllabus Is
is follows :
On demurrer Judgment should go against
the party whoso pleading wns first defec
tive In substance.
The olllco i of nmyor of a city of tlio
metropolitan cluss Is an ofllco of protit and
trust under the laws of this state.
Unclaimed witness and costs re
maining In the hands of the clerk of the
district court nre > tint public moneys nml
the legislation of this state Insofar ns it
attempts to divest the persons for whoso
benefit such foes and costs arc paid of
thereto Is unconstitutional and void.
A clerk of the district court , us to moneys
received by him In p-iyinont of lines and
penalties imposed In his court , Is a col
lector and custodian of public money with
in the meaning of section 2 , article xlv.
of the constitution , Harrison , J. and Irvine
vine- and Rngnn , C. C. dissenting ;
The- term "default" as used In said section
of the constitution Implies more limn a.
incro civil liability. There must exist a.
wilful omission to account nnd pny over
with a corrupt Intention or such a flagrant
disregard of duty as to fairly Justify the-
inference that his conduct was wilful niuL
corrupt. 1'er Norval , J. ; Post , C. J. , nml
Hyan , C , , concurringIlngun , C. , dissent-
In if ,
The word "eligible" relates to the capaci
ty to bo elected or chosen to office aa well
as to hold olllce. 1'er Norvnl , J. , nnd Ua nii.
C. , Post , C. J. , nnd Hyan , C. , concurring.
Held , that the Information states a cause-
of action. Harrison J , , Irvine and Hasun.
C. C. , dl sentlnR- .
The answer of the respondent avers suf
ficient matters , If true , to constitute ) a de
fense. Per Norval , J. , Post , C. J. , and Kynn ,
C. , concurring1.
JUSTICE NOUVAL'S OPINION.
After fully summing up the contentions of
the parties In the case , the opinion goes on.
to hold that the office of mayor of the city
of Omaha is an office of profit and trust.
"under the state , " and discusses the mat
ter of "collector ami custodian. " In regard
to the question of default the opinion holds
In part an follows :
The Information of the petitioner dis
closes that the respondent as clerk of the
district court collected and received In lines ,
and penalties , which ho ictalncd In his
hands for more than one year after his term
of snld olllco expired , and has failed to pay
the .same to the olllcer entitled thereto at
the date of his flection as mayor the sum
of $2Wl.0 and that J242.37 of said amount
yet remains unpaid nnd has been by the
respondent converted to hli own use- . The
Information therefore shows that he Is at
this time In default as collector nnd cus
todian of the public funds nt least to the
amount last named , nnd If the mattora
pleaded therein arc true he Is Ineligible to-
the olllco of mayor of the city of. Omaha.
It also holds that If tha term "Ineligible"
as used In section 2 , article xlv , of tha con
stitution refers alone to the capacity to hold ,
and not to bo elected and chosen to an office
It Is obvious that the respondent docs not
como within 'tho Inhibition rf said provis
ion of the constitution , but respondent has
not contended that If ho was a defaulter at
the time of his election 'lie Is eligible to bold
the office In question , though all arrears wore
paid before ho assumed the duties of mayor.
Doubtless the reason ho has made no such
contention hero Is that ho regarded the
question foreclosed against him by the decls-
Ion In State against McMlllcn , 23 Neb. , 385 ;
State against Iloyd , 31 Nob. , 082. In each of
those cases 1C was ruled that the word "ell-
; lblo , " referred to the tlmo of election and
not to the tlmo or period of entering upon
: ho oniee. The term "eligible , " as employed
In 'the constitution should bo given Its plain
and ordinary signification , and when so con
strued there Is no escaping the conclusion
that It means "capable of being elected or
chosen. " The opinion goes on :
If respondent ware In default nt the tm !
of his election n mayor his dKiblllty to
tiold the olllcp ( ACTS not removed merely by
the subsequent payment of the money Into
the county treasury ,
WILKUI * COUHUPTION NI3CRSSAIIY.
To render ono Ineligible thuro'inust havn.
existed Hich wilful conduct , omission of
; luty or wrongful action that the Intent la
misappropriate money or properly belong
ing to the iiubllc IB fairly Inforrablo there
from. If a civil liability Is the- crucial cri
terion to lie applied hero , then every counly
treasurer comes within the Inhibition of the
constitution who has fulled to pay over pub-
llo money of which ho Ins been robbed , or
iwlileh , while. In bin hands , watt destroyed by
fire , or who failed to pay to his successor
tlio true amount with which ho was cliarBO-
nblo on account of an error or mlttnke evi
dently made by lilt ) deputy In adding a col
umn of ngttrex. It IH stated that there ara
two classcH Ineligible to public olllce , the < i
In default and thoxoconvicted of felony ,
the disability of the Unit cla < being tem
porary and ceasing the moment ho has ac
counted for or paid over the funds or prop
erty , To render one In that class Inc-llBlblo
It I not essential that It should have been
judicially ascertained that ho WHH In de
fault , but there must exist In addition tea
a liability In a civil action , a wilful
omission to account nnd ipay over , -wllij a
corrupt Intention , or mich a flagrant dis
regard of duty n to JUHtlfy the Inference
that hlH conduct was -wilful and corrupt.
I'AYMKNT SHOWS INTENTIONS ,
Tha opinion concludes with the following :
The only doubt the writer has entertained
nx to tne xulllclency of this an Aer has brcn
with reference to the excuee net up for not
having paid over before , election the re
malndcr of uad ! sum of Jl.ra.63 , to.wit , J74.K ! .
It IH admitted that the Itcrnu which go la
make up H.ilrt um were paid to the. re
spondent personally In rums not exceeding
100 , and that ho overlooked such thlpsa
until after the expiration of his term , nnc )
with reasonable dlllucnco the name could not
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