Omaha daily bee. (Omaha [Neb.]) 187?-1922, December 10, 1897, Image 1
FHE OMAHA ! DAILY BEE ESTABLISHED JUNE 19 , 1871. OMAHA , FKIDAY MOKNINGBECJIBER 10 , 1807 TWELVE PAGES. SENGLE COPY FIVE CENTS. NEBRASKA HUSTLERS Antelope State Statesmen Porgo to tlio Front at Washington. ALLEN GETS THE FIRST BILL THROUGH Eccnrcs Grant of Land for Public Purpcss at Valentino. FAVORABLE REPORT ON INDIAN EXHIBIT Committee Decides that Bed Men Must "Bo at Exposition. 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 , John llonctik. 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. insctjssns rnxsioxs. CantloiiM Senntor * to Kxnntlnc Clnlinn More Cnrcfully. 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- tec. tec."I "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 acted upon. 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 made. 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 ow received. 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 allroad matter. 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 ast spring. 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 branch. 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 resell It. 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 measure. At 2:40 : p. m. the senate adjourned until Monday. 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 entlmeat. " 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 fate. 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 men. 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. SYLVESTER SCOVEL. 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- land harbor. 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 nsurgents. 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 rations. 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. roilIXTKHVHXTIOX. . .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 naval bill. 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 ure. " 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 amended bill. The Bavarian Peasants' association , said Hcrr Hllport , reserved Its decision pending the government's explanations relative to the manner of providing the money neces sary. 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 In Wnr. 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 fest. fest.Tho 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 mosa. 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 tan , 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 Nfivv York. At Nnples-Sttlled-Alsatla , for New York , At Ixindon Sailed Manitoba , for New York. At Bremer Havem-Arrlvcd-Sprec , from New York. At Naples SalIed-Normannla , for Nchv York. At Hotterdam Arrived pb(3am ( , from New York. At Liverpool Arrlvdd-I nnland , from Philadelphia. CALVESTON WILL BE HERE Texas Oity Pioposes to Oomo to the Exposition. 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 and"Rosewatcr. 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 Ilnllronil Trnulc. 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 sleeper. 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 FnllH. I 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 rangers , 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 Public Property. 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