THE OMAHA DAILY BEE. ESTABLISHED JTJjSTE 19 , 1871. OMAHA , THURSDAY MOKNINGr , JANUARY 12 , 1801) TWELVE PAGES. SINGLE COPY FIVE CENTS. WILL SOT KEEP THEM This Country Is to Hold the Philippines Only Temporarily. SUCH IS SENATOR FORAKER'S ' STATEMENT He Implies Ho Has Authority for Making This Announcement. NO NECESSITY FOR EXPANSION ALARM Pacific Islands Are to Be Treated on the Cuban Plan , STABLE GOVERNMENT TO BE ESTABLISHED Ohio Bfnn Heplle * to Antl-Epnnlon- ! < unil Make * Home Statement ! Which Cnime Great . SarurUe. WASHINGTON. Jan. 11. A climax was reached today In the discussion of the ques tion of expansion which Is on debate in the senate. Heretofore all the speeches , with the notable exception of that of Mr. Plait of Connecticut , bavo been in opposi tion to what is presumed to bo the policy of the administration with respect to the ac quisition of the islands. Today Mr. Foraker addressed the senate In opposition to the declaration of the Vest resolution that the United States has no constitutional power to acquire foreign territory to be maintained os colonies. While much ot his speech was. devoted tea a constitutional argument In support of the right of this country as a nation to acquire and govern outlying territory , he gave par ticular attention to the utterances tbat have been made in contravention of that position , especially those of Mr. Vest and Mr. Hoar. Ho laid down the broad proposition that to adopt the Vest resolution was to declare tbat our fathers bad brought forth a nation that iwas Inferior 'to all other nations , regardless of the generally accepted Idea that one na tion was the equal ot another and all equally restricted. He maintained that tbe right to acquire territory was an Inherent right of nationality and that as wo have the right to make war and to enter Into treaty agreements , It fol lows logically that wo have the power to ac quire territory by conquest and to assume the responsibilities that may accrue there from. Mr. Foraker's strong assertion that the acquisition of the Philippines was temporary In character created a sensation in the chamber. He maintained , however , that we have a legal right to hold the islands perma nently. Hobart Again Preside * . Vlco President Hobart presided over the eenato today for the first time since the holiday recess , having been detained at his homo by an attack ot grip. Mr. Bacon of Georgia offered tbe follow ing joint resolution : ' 1. Tbat , thc government and people of the United States have uot'witgwdHherecentwar , 'with Spain for conquest and for the acquisi tion of foreign territory , but solely for the purpose sot forth in the resolution ot con gress making the declaration of said war , the acquisition of such small tracts of land or harbors as may be necessary for govern mental purposes being not deemed incon- plstont with the same. 2. That In demanding and In receiving the cession of the Philippine Islands It Is not the purpose of the government of the United States to secure and maintain dominion over the same as n part of the territory of the United States or to incorporate the Inhabi tants thereof as citizens of the United States or hold said Inhabitants as vassals or sub jects of this government. 3. That , whercaa , at the time of the declaration of war by the United States > against Spain and prior thereto , the inhab itants ot the Philippine islands were ac tively engaged in a war with Spain to achieve their independence , and , ItecoKnltlon of Independence. Whereas , Said purpose and the military operations 'thereunder ' have not been aban doned , but are still being actively prose cuted thereunder , therefore , In recognition of , and In obedience to tbe vital principle announced In the great declaration that "governments derive their Just powers from the conoont of the governed , " the govern ment of the United States recognizes that the people of the Philippine Islands of a right ought to bo free and independent , that with this view and to give effect to the same , the government of the United States has required the government of Spain to re linquish Its authority nnd government in the Philippine islands and to withdraw Its land and naval forcca from the Philippine Islands nod from the waters thereof. 4. The United States hereby disclaims any disposition or intention to exercise sovereignty eignty , Jurisdiction or control over said I islands and assert their determination when an Independent government shall have been 1I duly erected therein entitled to recognition as such , to transfer to the said government I upon terms which shall be reasonable and lust , all right * secured under the cession by Spain and to thereupon leave the govern ment and control ot the Islands to their people. In beginning a discussion ot tbe speech ot Mr. Hoar. Mr. Foraker said : "I listened , as I always listen , to the speech of the sena tor from Massachusetts. It was a speech ot great ability and power , such as he always delivers , but when It Is reduced It amounts only to this , that the government of the United States has only the power to acquire territory for constitutional purposes and as to what those constitutional purposes are , the senator from Massachusetts , shall be the pole and exclusive judge. " Mr. Foraker's remarks brought Mr. Hoar out for a further explanation ot his position Hieing nnd interrupting the Ohio senator , he aid : "If we thought It necessary for our national defense to annex as outlying ter rltory. and if the people of that territory objected to our acquisition , I should con- elder the subjugation of it as a great na < tlonal crime to be repudiated and condemned i ) and I should say the United States would better go down beneath the waters ot the Pacific In honor rather than disgrace itself by such action. " Occupation I * Temporary. Mr. Foraker stated the character ot the occupation ot the Philippines was tempo rary and reiterated U. "We could not desert sort the people ot the Islands , " he said , "and subject them to the risks ot disorder , anarchy , misrule and moo rule while they julgbt bo still unfit for self-government , nut our occupation was not to be perma nent. "I do not understand that any one desires anything but the ultimate Indepenlence ot the people of the Philippines , " siU bo em phatically , "neither the president nor cny one In this chamber. " "But what about our right It we chose to hold them permanently with no thought of their ultimate Independence ? " inquired Mr. Hoar. "Wo have an unquestioned tight to 4o so , " replied Mr. Foraker. "I speak particularly of our legal right. " Mr. Uacon of Georgia at t'als juncture ( Continued on Fourth Page. ) CHOATE TOSUCCEED HAY _ .Vnmlnntlon of the Orcnt Lawyer a * AtiihfiNHiulor to England Sent to the .Senate. WASHINGTON , Jnn. 11. The president today sent these nominations to the senate : State Joseph II. Choatc of New York , to bo ambassador extraordinary and minister plenipotentiary to Great Drltatn. Treasury J. H. Drlckensteln of Colorado , to be surveyor of customs , Denver , Col. Postmaster Iowa : Joseph Howard , Forest City ; William n. Orchard , Glldden ; George H. Loverln , Humboldt ; George 0. Harden- brook , Maxwell ; Ernest D. Powell , Extra ; Charles 8. Terwllllger , Gardner ; W. A. Qulglcy , Hawarden ; J. F. Weir , Lansing ; Guy C , Toye , Northwood. Kansrs : George Delaney , Axtcll ; Dave C. Dattey , Florence ; Frank M. Lockard , North ; W. S. Gould , Weir ; Austin Brown , Cedarvale ; J. H. Woo- ten , Mankato ; James M. Morgan , Osborne. Colorado : Joseph R. Miller. Trinidad. Joseph Hodges Choate was born in 1832 in Massachusetts , and la the son of Dr. George Choate. He vtca graduated in 1854 from Harvard law school and was admitted in 1855 to the bar. He formed a partner ship with William H. Barnes , but In 1859 became a member of the firm of Evarts , Soutbmayd & Cboate. For the last ten years Mr. Choato has been generally ac knowledged to be the leading lawyer of the New York bar. Mr. Choate's political career practically began In 1858 , when he took the stump for Fremont. Since then he has been known as an ardent republican , though he has never held ofllce. At times he has not been In touch with the party organization. From 1873 to 1877 he was president of the Union League club of New York City. WOOD IS AT WASHINGTON Will Confer -with Secretary Alger Over the Conditions at Cnban Ports. WASHINGTON , Jan. 11. Major General Leonard Wood , the military commandant of Santiago , arrived In Washington last night. He breakfasted with Secretary Alger this morning and tben repaired to the White House for a consultation with the president respecting internal conditions In Cuba. The War department has been delaying final action on the various financial problems connected with tbe customs sen-ice at San tiago and at other Cuban ports until General Wood's arrival , regarding him as well quali fied by his prolonged stay in charge of af fairs in Santiago province to afford sound advice for its government. The general himself modestly declines to discuss these matters publicly. He expects to leave Washington returning to Cuba next Monday. The situation in Santiago , he said , was thoroughly satisfactory and no trouble was to be apprehended there in tbe near future. He took occasion to declare earnestly that ho stories of friction between himself and lajor General Brooke , the military com mandant of the island , -were absolutely without foundation , adding that their rela- lens were of the most pleasant character , .nd as far as he knew there had been no IIITerenccs between them. DAKOTA AND WYOMING BANKS Compared with Condition * In Septem- r " 4 * it'ii siiowm tiiiftrD Have Strengthened. WASHINGTON , Jan. 11. ( Special Tele- Tarn. ) The report of the condition of the latlonal banks of South Dakota at the close it business on December 7 was today made lUbllc. Compared with the previous state ment In September it Is noted that banks have materially strengthened Individual de posits , whlto shrinkage la shown In loane and discounts. Individual deposits have In- reaped from 14,245,778 in September to $4.- 93,425 and the average reserve from 31.08 > cr cent to 36.22 per cent. Present gold loldlngs aggregate $310,322 , a. gain of more ban $47,000 since September. Loans and discounts have dropped from $3,453,722 to 3,344,339. The report ot Wyoming banks , also made public today , shows individual deposits have dropped from $2,803,962 in September to $2 , 48,590 ; average reserve , from 36.29 per cent o 34.52 per cent ; gold holdings , $201,246 to $182,205. ALLEN HARNESSED TO BRYAN Senator Declare * Hln elf Upon Peace Treaty Vlfanaln May Ilecelve the Decoration. WASHINGTON , Jan. 11. ( Special Tele- tram. ) A bill to permit Colonel Vlfquatn .a receive the decoration of the Order of the Double Dragon from the Chinese empire lasscd the senate today. Senator Allen stated today that he would vote for the ratification of the peace treaty and take care of the problems which the treaty Involved afterward. This would seem to Indicate that Bryan and Allen are still harnessed together. CIIIM PROFITS BY A NGW TREATY Secure * Mnny Advantage * tn the Trade In Ecuador. WASHINGTON , Jan. 11. Consul General De Leon , at Guayaquil , reports to the State department that a reciprocity treaty is pro posed between Ecuador and Chill and has already been ratified by Ecuador. He says the treaty Is favorable to Chill in many respects , In some ways at the cost ot United States commerce , especially in flour , lumber and other California products. The consul notes as a significant fact tha' ' prior to the Imposition ot a duty by Ecuador sugar was in a depressed condition and tha since then it has become a growing am profitable Industry , though tbe British Wes Indies are 'bankrupt. FOR MISSOURI RIVER WORK Senator Kyle File * Statement Show fliK nccoinmendntlon * that Are Urxed for Elk Point. WASHINGTON , Jan. 11. ( Special Tele gram. ) Senator Kyle has filed a statemeu with the committee on rivers and harbors In the Interest ot Improvements In tbe Mis sourl river at Elk Point , Yankton and Pierre In South Dakota. The projects ore recom mended by engineers. The senator asks fo $67,300 at Elk Point , $100,000 at Yankton and a similar amount at Pierre. WANT THEIR OLD MOXEY RETIRED Porto Rlcnn * Send n Hatch of Com plaint * to Speaker Reed. WASHINGTON , Jan. ll.-Speaker Rce has received from Ponce , Porto Rico , n petl tlon from tbe American colony on tbe Is land setting forth tbe dangerous lluctua tlons In the currency and asking tbe carl : retirement ot Porto Rlcan currency and th substitution of United States legal tendc money ; also stating that the tariff enforce by tbe military authorities Is causing grea detriment to tbe trade and asking tbat a trade between the United States and Port Rico should be made open , free and unre strlcted. The petition was presented to th house today and referred to the ways an means committee. Supply It to Other Armies and Hear No Complaints from Them , DENY THE USE OF INJURIOUS CHEMICALS Volunteer Nnme Varies the Tedium by TelllnT of the Lock of Sop- pile * on the Trnuinort Seneca. WASHINGTON , Jan. 11. Mr. Tilden , 'cretary and one ot the directors ot Llbby , cNell & McNeil , tinned meat packers ot ihlcago , testified before the War Investlga- on commission today as to the company's ethods ot selecting cattle , killing them and reparlng them for market. He said nothing was added to the meat In ho cans In which it was put up except a ttlo calf's foot jelly to bind the meat to other and flavor it. The company had sold ho government roughly 2,000,000 pounds urlng the war , and had received no com- lalnts either at homo or from abroad. His house had furnished Identically the ame meat to the English , French , German .nd Japanese governments as was furnished o the United States during the recent war. here had never been any complaints from hcee customers , and the surgeon general f the Japanese army had recently Inspected he canning plant and expressed himself at fell pleased. Arthur Keemer , formerly European agent or Armour & Co. of Chicago , and for sev- ral years past the general superintendent > f the home plant , said Armour's general methods of slaughter , Inspection and cooling ere practically the same as Swift and Company's. Ho shipped about 7,000,000 pounds ot re- rlgerator beef a week. The foreign trade mounted to about $4,000,000 annually. Their export trade was exclusively English nd there were few complaints from cus- omers. He said that he could not truth- 'ully ' say they had never had a single com- lalnt , but they were rare. The firm had supplied refrigerator beef o permanent United States army posts for fteen years without a single complaint. Witness submitted a number of letters from .rmy officers who had dealt officially with ho firm during the recent war , all of them xpresslng satisfaction with the fresh meat lervlce. Jeannette 'Jennings , a newspaper woman nd a volunteer worker of the Red Cross , who was at Santiago on the supply ship Texas , appeared at the afternoon session .nd varied the monotony of the chemical iecf inquiry 'by ' telling her experience as a nurse on board the Seneca , which was de- icrlbed on Its arrival In New York as * 'horror ship. " Witness said that contrary to the testi mony of numerous army surgeons the Red Cross did render essential aid to the hos pitals at Slboncy and elsewhere in Cuba , nd that this aid had been' requested by Dr. La Garde , the surgeon in charge of the ieach hospital , and gratefully acknowledged at the time. Seneoa Lack * Snpplle * . Regarding the Seneca , witness wail .board . U to care for tbe sick r tu'rn log"- from differ essentially from that of tbe corre- ipondents and sick who were aboard the Seneca on the voyage to New York. She laid that except for a single case of beef 'xtract ' the vessel bad not aboard It a single article for the use of the sick. The captain was attentive and supplied many meals to tbe sick soldiers from the passengers' table , but he protested before starting that the vessel had not been cleaned and was In no condition to receive sick or convalescents and tbat It had no supplies nor even eating utensil's ' for the sick aboard. Witness seeing this condition had hastily collected as many supplies as possible from he Texas , but time did not permit getting much. The ship's passengers , who were foreign attaches and correspondents , gave up their staterooms to the sick and with the hastily collected supplies the ship managed to get through without losing a patient. Witness spoke of the lack ot surgical Instruments aboard and Dr. Connor , who was conducting the examination , asked what need there was for surgical Instruments beyond scis sors and bandages. Witness replied that one soldier , who had nearly suffocated , 'being ' shot through the rungs , had 114 ounces of liquid pumped out of his thorax as soon as they could get him , nto Bellevue hospital. Others , she said , were almost as badly in need of aurglca attention. She said further that in spite of the fact that the Seneoa and other transports fitted for the care ot the sick and wounded were loaded to their utmost for the home voyage the Relief , which was fitted to carry 800 sick , came home immediately afterward with only 125 patients aboard The next witness was Dr. A. W. Atwatcr , a special agent of the Agricultural depart ment , who was called ts an expert chemist on the subject of " mbahned beef. " The gist of Dr. Atwater's testimony , which oc cupied some hours , was that he considered the ordinary canned beef of commerce , both corned and roast , excellent food and of about equal nutritive value. Ho also con sidered refrigerated beef excellent food and had never heard of chemical other than salt and saltpeter toeing used in preserving any sort of meat to be found In the genera' market. CANADIAN MJSinBRMEN DETAINED. . Conference on Reciprocity Feature 1 * Postponed Until Tortny. WASHINGTON , Jan. 11. A number o American lumbermen , who are here to mee a delegation of Canadians Interested In a reduction from $2 to $1 per 1,000 feet in the tariff on lumber Imported Into the United States , met today at the Arlington hotel. The meeting adjourned until tomorrow al most Immediately , however , upon the an nouncement that the Canadians were un avoidably detained. It was explained that a number ot tbe American lumbermen had come here simply as an act of courtesy to their Canadian friends , who * seemed hopeful of securing a lower rate on lumber , but that they ( the American lumbermen ) were strongly op posed to any reduction. The American lum bermen assert , further , that there is no anxiety among the Americans on the subject and tbat the history of the lumber trade shows tbat practically the only Interests which would benefit by a reduction In the rates would be tbe Canadian exporters. WORK ON RIVER AND HARBOR DIM. . I.rRUIatlnn for Promptly Ileinovlnu Wreck * from Path of Commerce. WASHINGTON , Jan. 11. The river and harbor committee has begun work in exec utive session on the forthcoming river and harbor bill. Good progress was made , but the tentative decisions from day to day on various Items will not bo announced until tbe bill Is completed. The first definite nc- tlon was to consider favorably a provision for more promptness In relieving harbors of wrecks and derelicts. Under tbe present law the secretary of war must notify the owner of a wreck by advertisement for thirty days before nny Action to sell or to remove Is possible. In the meantime the wreck may cause much damage nnd bring the traffic of a harbor to a halt. The Maritime exchanges of New York , Boston , Philadelphia and Baltimore called attention to the need of n revision of the law nnd as n result the coming bill will give the sec retary of war ample power to act promptl > as to wrecks and derelicts when an emer gency is presented. RECEIVE NO WORD FROM OTIS Has Ample Anthorltr to Dent with Situation Without Aklnic for Instruction * . WASHINGTON , Jan. 11. It was said at the War department today that absolutely nothing had been heard over night from General Otis at Manila touching the state ot affairs there. When inquiry was made rela tive to a report that'there bad been a meet ing yesterday near Manila of a commission selected jointly by General Otta and Agul- ualdo it waa pointed out that under the largo discretionary authority conferred .upon him by the department and In conformity with the president's express instructions to exhaust all peaceful means of adjusting the dlflli'Ufty with the insurgents. General Otis had full authority to adopt such methods without asking expresspermission ) from the department. Hla course Is thoroughly ap proved by the president up to this point. A rather Interesting question is raised by the mooting of this commission as to whether It does or does not constitute a recognition ot the Insurgents , but the general opinion is that It docs not , the matter being one ot purely national concern , with which no for eign nation has a right to Interfere. Mean while the meeting of the commission has served at least to avert the crisis which seemed Impending in the Philippines and there Is now * alr grounds for the supposition tbat the statu quo will be maintained , at least until the ratification of the pindlng peace treaty. FOUR RUN DOWN BY A TRAIN Pay No Attention to the Alarm Sonnded by the Engineer Bodies Are Badly Mangled. PITTSBURG , Jan. 11. Four persons were run down and Instantly killed by an express train near Larimer station on tbe Penn sylvania railroad , twenty-five miles east of Plttsburg. IMe del 1 : MARY MILLflll. THOM"AS MILLER. . ALBERT WILSON. - WALTER BROWN. The train dashed Into the group of un fortunates nt full speed and the bodies were terribly mangled. After being gathered up the remains were taken In charge by friends. On account of a freight ; wreck near Larlmor it was necessary to switch the westbound passenger trains to the eaatbound track. The express was running at full speed and the engineer blew the whistle , but the alarm was unheeded as the victims evidently thought that the train wiuld run on the westbound track as usual. , They were residents of Larimer. t MILLIONS .INVOLVED IN SUIT ' ' Vf - t ? oolc of v tW ] | la Taloable Litigation. CHICAGO , Jan. 11. Judge Dunne of the circuit court , at the hearing of the petition filed by Thomas C. Stephens , one ot the stockholders of the Consolidated Copper Mining company of Eureka , Nov. , granted a temporary injunction to prevent the alleged wrongful voting of some 72,12 shares of stock at the meeting today. The petition was directed against William Whalen , the originator of the company , and sets up that under a contract entered Into in 1897 between Stephens , Whalen anil Charles Law , the shares In question were given Into the custody of Albert Baraum to be held In escrow on the understanding that they should only be voted with the consent ot all three partners. The complaint still further allegro that while the petitioner was absent and alleged transfer of the shares was made by which Whalen claims to have the authority to vote them as his individua' ' property , which he asserts they are. The courts decision orders the trustees to retain possession ot the shares until tbe matter is fully investigated and a settlement can be made. The value of tbo stock Involved In the dispute is estimated at nearly $2,000,000. MUSTERS OUT NAVAL MILITIA Flrt nattnllon In Illlnol * I * Dl - mlsied Becnne of Dlncord and Dl enlon. SPRINGFIELD , III. , Jan. 11. The trouble between Captain B. M. Shaffncr , command ing the naval militia ot Illinois , and Com mander H. Harrison of the First 'battalion ' culminated today In an ordtir mustering out of the aervlc the entire Fl.-st battalion. The troubl between the two officers be- gan soon aft r the appointment of Captain Shaffner , wh n ho called upon Commander Harrison to ( urn over to him certain prop erty of the jiavaf militia , which the latter refused to d . For this Commander Harri son was ecu t-martlaled and punished by a reprimand a : d suspension from duty and of pay for thlrt days , No sooner was he reinstated , tt Is al leged , than no was guilty of other acts of insubordlnat on and opposition to his su perior ofilce ; i and eo persistent was he thai the entire 1 .ttnllon , seemed to lose all in terest in t : o organization. AH efforts ai peace prove fruitless and the order Issued today was tno result ot the controversy. TRANSPORTS ABOUT READY If Nat More , Will Sail for Man la the Latter Part of Thl * Month. SAN PR NCISCO , Jan. 11. By the end of the monh another Manila fleet will sal out ot the iarbor. If the Senator and Ohio come in oj time they can be prepared to go out at tie same time as the Scandla am Morgan Clr. They can carry two , or nearly two rcglmitts , o the three regiments wblc' ' expect to itart for Manila via San Fran cisco , can I begin their ocean journey to gether aljut January 25. Arrangement are being Inade for the Centennial to take army frelim to the Philippines. SENDSteHALLENGE TO LEEDY Ex-ReprUentatlve Drown Heent * the E\-overnor'N Statement * ReKnrdlnir Him. WICHIT , Jan. 11. Ex-Representative Brown , a Iver republican of Arkansas City has wrltt i a letter to ex-Governor Leedy calling hi a coward for sending a messag' ' to the lei stature denouncing Brown in his absence , Irown had accused the governo of boodlli ; and the governor called him a liar. Olro n's friends declare that tbe let ter conta is a challenge. As ex-Governo Lecdy Is Quaker his reply Is anxiously awaited. ODtOW APPOINTS OFFICERS enoi Petfecto Laoost is Ohoson to Be the Mayor of Havana. ENERAL MENOCAL IS CHIEF OF POLICE Two Member * of the Fortr-M th lovrn Volunteer * Die , One of Injnrle * nnd the Other of Appendicitis. HAVANA. Jan 11. Senor Perfecto Lacost , ho was president of the Havana junta ttrlotlca. will be appointed alcalde , or mayor , of Havana by Major General Lud- ow , military governor of Havana. Scnor jacoat U a wealthy planter , popular among 11 classes of Cubans , and a resident of lavana. The Cuban General Marie Mcnocal will bo hlef of police and Colonel J. G. Evans of lie South Carolina volunteers , former gov- rnor of South Carolina and now ono of General Ludlow's staff officers , win bo ap- lolnted superintendent of the department of orrcctlons , embracing the police , the minor ourts and the correctional institutions. Ex- Chief McCullagh of New York City will re main here for a time to help carry out the > ollcc plan ho had devised with Colonel loulton. General Marie Menocar , on being Invited o accept the post of chief of police , in quired of the executive committee , repre senting the Cuban assembly , whether he ought to do so. The commission replied hat it waa his duty to undertake the office , as he could servo the people better as chief of police of Havana than as commander of he Fifth army corps. When the appoint ment la formally announced Menocal will resign his command. General Rafael Car denas wlir probably bo appointed deputy chief of police. Private Harry Becker , Company A , Forty- ninth Iowa volunteers , died yesterday of old njurlcs received on board the transport tllnnowaska and Private Shotwell , Company G , died of appendicitis. Sangcr Initial * on Order. Francisco Valdez , a resident of Cerevantes , tlatanzaa province , recently complained to General Sanger , military governor of the city of Matanzas.tnat Domingo Gonzales , a Juban ex-offlcer , had ordered him to leave Cerevantes and not to return. General Sanger immediately addressed a communication to the mayor of Cerevantes , saying that if Gonzales made any further trouble be would bo arrested and locked up at Matanzas. General Sanger added : "You , sir , are charged with the preserva- : Ion of the peace of the town of Cerevantes. Unless you are able to keep the peace It will be necessary to remove you and to ap point some one who can. All residents of .he Island , black or white , Spanish or Cu ban , are entitled to the protection of the law In person and property. I have been sent here to see that they receive It and shalt undoubtedly perform my duties. " La Discussion describes the finding of fifty human skeletons in a well on a planta- lon near Mangutto. The writer of the story asserts that these people were un doubtedly thrown in while alive. He says that In some cases the finger bones are severecUand ' tbe supposition ' IB that , this tHemm ! ( OUli ; < K. : -plU.-WI . < JKrarT7 S nor Pedro Aloyan , A prominent Cuban , has been Identified. La Discussion accuses the guerrilla chief , Antonio Rles , Sergeant General Pleres and Vlconta Zalgo , a schoolmaster , of being the authors of the terrible crime. All are said to be In Havana. La Discussion prints also a. story from Matanzas of the finding there of the re mains of from 100 to 200 persons in a well near the headquarters of the civil guard. FLY THE STARS ANtTsTRIPES Most Important Steamship Mall Une In Cuban Water * Accept * the New Routine. SANTIAGO DE CUBA , Jan. 11. The Men- endez line of steamers , the most important Cuban coastwise mall company , today trans ferred all its vessels from the Spanish to the American flag , celebrating the event here at a luncheon given on board the Joseflta. The proceedings were marked by great en thusiasm. The heads of the various municloal de partments were present and Colonel Beacons , adjutant general , congratulated the Menen- dez company on the change of flags. Sev eral toasts were proposed , the commodore of the line proposing the health of General Leonard Wood , military governor of San tiago. The toast was received with cheers. In the course of his remarks the commo dore said that under General Wood they all felt absolutely safe , whatever flag they unfurled - furled , aa General Wood was not a mere politician , and he hoped that the day would come when the military governor of San tiago would be governor general of Ci-ba , a sentiment that was enthusiastically cheered. The Jockey club will hold a three days' meeting on Washington's birthday and the two days following , with horse racing , ath letic sports and a foot ball match. Tbe Cubans are anxious for the success of the venture1. TRAIN ROBBER GIVES IT UP Ilyrnm ConfcmicH to the Macomb Hnlil- Up and nive * Name * of Those AMHoclnted with Htm. ST. LOUIS , Jan. 11. A special to the Republic from Mansfield , Mo. , says tbe pre liminary hearing ot the Macomb train robbery cases was resumed yesterday. E. Byrum mounted the witness stand and made a confession , in which ho ktid : "I live in Douglas county , Missouri , on my farm , southwest of Norwood. About two weeks before Christmas the scheme was first unfolded to me by my father-in-law , Lewis Neigh. Next I was approached by ono , J. C. Wright. "I was finally persuaded to become an ac complice. With us were Lewis Neigh , 0. M. Ray , Joe Shepard , William Jennings , J. A. Fagley and J. C. Wright. We rode on horseback to Macomb , Mo. , secreting our horses and walking down the track to await the arrival of train No. 4. "Ray boarded the train at Norwood with short faro and was put off at Macomb , so ai to stop the train. After we completed the holdup wo mounted our horses and rode flvo miles to en old house on Lew Neigh's farm , where we divided the proceeds of the robbery Into six piles. " Court then adjourned until this morning. Official Information reached here today tbat tbo man Wright ih none other than Kennedy , the "quail hunter ot Crackerneck" of the Leeds , Mo. , Missouri Pacific robbery. Kennedy will arrive tomorrow morning from Kansas City for his preliminary hearing. Fagley lx still evading tbo officers. A special to the Star from Mansfield , Mo. , says ; Bryum , the self-confessed train rob ber , today positively Identified John Ken nedy , arrested in Kansas City yesterday , a the organizer and leader ot the gang who last Tuesday clcht held uo and robbed a CONDITION OF THE WEATHER Forecast for Nebraska Variable ; Southerly Winds. Tctniterntnre nt Oninhn yeotrrilnyi Hour. DPH. Hour. IH-K. 5 n. m Jl- 1 p. in. . . . . . 8KI o n. in : cj it i > . in : it : 7 n. 111. . , . . . : iu ; t p. 111. . . . . . : ii 8 n , in ! ttt 4 p. Ill. . i . . . HI o n , in. . . . i. : ta n p. m ; t i 10 n. 111 : ii : n p. m : i i it n. in. . . . . . : ii : 7 p. in : n t'j m : ii : N p. m : u U p. Ill it I Kansas City , Fort Scott & Memphis pas senger train at Macomb , Mo. Jennings tins also been Identified beyond question of doubt as Bill Hyan , the famous bandit who was connected with the James gang for many years. Hyan carries scars received In some of his raids. Kennedy was brought hero last night from Kansas City for his preliminary hearing. PREACHER ADMITS HIS GUILT Charged with Murder He AtonlheN Hln Friend * ! > CoiifcimlitK to Complicity In the Crime. LOUISVILLE , Ky. , Jan. 11. A special to the j Evening Post from Munfordvllle , Ky. , says : It now seems that the foul murder of Lydla Brachcr , who died as the result of a criminal operation over a year ago , will be avenged by the strong arm of the law. Last week Prof. McClure , a well known educator of this section , was convicted ot performing the operation on circumstantial evidence and was given a life sentence in the peni tentiary. Today Rev. Gregory Doyle , who was the author of the girl's shame and who Is on trial hero for murder , admitted on the wit ness stand his part In the horrible crime , endeavoring as much as possible to lay the blame on McClure , who has been convicted. The news of this confession haa created a sensation , aa he was formerly one of the most -prominent divines in 'Hart county. HE SERVED WITH GEN. GOMEZ Captain Edward 11. Mnrkley , Son ot Fort Hnisell Commandant , Is Ucail In CHEYENNE , Wyo. , Jan. 11. ( Special Tel egram. ) Major A. C. Markley of the Twenty-fourth Infantry , commandant at Fort Russell , received a cablegram from General Brooke today notifying him of the death of his son , Captqln Edward B. Markley , at Santiago. Captain Markley was one of the first of the young Americans to enter the service In the Cuban war. He was ap pointed captain In the volunteer service early In Jury last , but his commission did not reach him until recently , as ho was in the Interior of the Island serving with General Gomoz. Ho reached Santiago re cently , broken down by starvation and the hardships ot the summer campaign. He Improved for a short time , but finally suc cumbed to fever. The garrison at Fort Russell is to bo doubled , a battalion of United States infan try having been ordered here. SUNOL WRECK INVESTIGATION SIDNEY , Neb. , Jan. 11. ( Special Tele gram. ) The coroner's Jury has been in ses sion tonight and examined three witnesses on the train wreck. Engineer Congdon , who was on tbe first section of No. 2 , testified only In relation to the rules on the time card. The train order and rule 19 of tbe time card were Introduced in evidence. George Hunt and H. P. They , two of the Injured passengers on No. 3 , were examined at the Union Pacific hotel in relation to Identification ot the charred bodies. En gineer Ell sent a message tonight from North Platte , stating that it would bo im possible for him to bo hero for ono week , as he Is in bed sick. He stated that he was at the cast switch at Sunol at 4:27 : a. m. He did not see the headlight of second sec tion No. 2. as the smoke was trailing back from the head of the engine. His first intl matlon of danger was when Engineer Reese jumped 200 or 300 feet east ot the point at which the engines came together. EH ap plied' air brakes and reversed the engine. The head engineer did not give him the usual whistle signal. The deposition of Engineer Ell will be takeh at once at North Platte. One of the bodies found in the wreck now supposed to bo "Blank" Selllck , who was en route to Green River , Wyo. , to as sume the position of train dispatcher. The other man rode on a stockman's pass , des tination unknown. No verdict will bo rendered by the Jury for several days. SOO LINE SURPRISES THEM Underbid * the American Itond * for TrannportliiK the Third Infantry to the Atlantic Connt. ST. PAUL , Jan. 11. Company G , Third United States Infantry , returned tonight to Fort Snelllng from Walker , Minn. , where It has bc n stationed since the recent trouble with the Leech Lake Chlppowas. The com pany was relieved by a detachment of the Seventh infantry. Bids for carrying the Third regiment to Now York , where It will embark for Manila , going via Suez , were opened this afternoon , but all the American lines made the same bid and adecision , has not yet been an nounced. The figure was $19.62 and the See line put In a bid of $13,1 i per capita , which was something of a surprise to tbe other roads. They did not look for bids from any save lines all In the United States. THIEVES IN IOWA UNIVERSITY Force on Entrance Into Main Ilalld- inw > mow Up the Safe and Loot it of Valuable * . IOWA CITY , la. , Jan. 12. At an early hour this morning burglars broke Into the main building ot the Iowa State university and blow up the safe with dynamite , looted the safe and escaped. U Is not known bow much they got. Two Men Killed In a Fend. MEMPHIS , Tcnn. , Jan. II. In a stree duel at Boyles , near Cleveland , Miss. , tolay two men , Dr. Harris and n Mr. Allen , weri killed and a Mr. Dougherty fatally Injure by John Hace and Frank Williams. Allei was a bystander , The trouble was the resul of an old feud. No further particulars are obtainable , as tha telegraph office Is cloxei for tonight. Snll * for I.Uerpool. NEW YORK , Jan. 11. Justice Brewer o the United States supreme court soiled on the White Star steamship Majestic today for Liverpool. His visit abroad is In connection with the Venezuelan boundary commission of which he Is a member. t'rtmlicd In nil Eletntor. GRAND RAPIDS. Mich. . Jan. 11. A. E Warden , head of the Warden Grocery com pany , wholesale dealers , was caught between an elo\ator and the floor in tbe utore today and crushed to death , , { WORK PERIOD NEAR Bills Coming Back from the Printers Will Give Legislators a Ohanoe. CONTEST CASES COME UP IN THE HOUSE To Disposition to Follow the Populist Prece dent of Two Years Ago. ARE TO BE DECIDED PURELY ON MERITS Ashbj's Aspirations Promptly Disposed Oi Without a Dissenting Vote. SENATORSHIP AGITATING THE MEMBERS Senate Taken n Shot nt Colonel Slot- cithcri * of the First Nebrnkn llcu.uet * Promlileiit t < > Itullcv * Him of Cotiitiiiinil. LINCOLN , Jan. 11. ( Special Telegram. ) The legislature is now approaching a tlma when BOino real business can bo done. The delay in the printing prevents the commit tees from considering bills , but It Is ex pected that a batch of those * first Introduced will bo on the desks In both the bouse and senate tomorrow afternoon. The house now a as on hand 172 bills and In the senate forty-seven liavo been Introduced. It looked for a time today as though ther might be a lively tilt over the contest Hint- tor. It is known this forenoon that some time during the day the secretary of state would transmit the ballots and contest rec ords to the house. A rumor got abroad that the friends of one of the prominent candi dates for United States senator would malco a move to have the recount of the votes pro ceeded with by means of n special commit tee with ttie Idea of rushing the matter through and securing a report so that some or all of the contestants might be seated la time to bo present at the coating of the pre liminary vote for senator next Tuwday. Some of the members thought they aw In I this a scheme to secure two or three votes I Tor one of the candidates and they bcllrved that the process by which the unseating was done would bo more hasty than thu con ditions warranted. In order to meet tola emergency , If possible , a hurried meeting was held during the noon hour , in which flvo or six republican members participated , and it was agreed that any hnsty action In the contest matter would be resisted. When the caao came before the house the contest of W. H. Ashby of Gage county was disposed of In short order , not ono of the fusion members seeing fit to cast' negatlvo vote on Ihe motion to Indefinitely postpone. The Impending row over the other cases was averted by the motion to refer them to tha committee on privileges and elections. ThI * motion met with no opposition and no fur ther trouble is expected until a report comeg from that committee. No Throwing Over the Trancom. the plainest kind of evidence. Rabid parti- fan action nnd the summary unseating ot members in order to gain additional votes will not bo tolerated. The recount of the ballots should bo conducted In open daylight and the committee to do this work should bo made up of a fair representation of both po litical parties , so that there can be no sus picion or claim of underhand work. The people of my county will not approve the unseating of members unless the evidence U plain and undlsputable. " At a meeting of the republican members of the senate this afternoon the number of officers and employes was again under dis cussion and sixty-one places were decided upon before adjournment. That Is not the maximum limit , however , and others may bo added at a meeting to be held tomorrow. Thirty-three officers and employes have al ready been named and the list made out this afternoon provides for twenty-eight more , making a total of sixty-one. That In cludes President Pro Tern Talbot , which re ally makes the list as at present agreed upon sixty. The names of the lucky ones to fill the twenty-eight places .decided upon today have not aa yet been settled. The list In cludes ten copyists , thirteen committee clerks , two typewriters and stenographers , ono copyhofdor , ono proofreader and one custodian of the committee rooms. The house caucus agreed upon fifty-two employes , but the number appointed or au thorized by the committee haa reached fifty-six. One or two more may bo added , but the members say they will hold the list down to sixty , which Is at least twclva less than uny previous session. The senate is Inclined to make a few more places and the number authorized finally by It' will probably not bo less than sixty-five , which , however , is considerably smaller than the last session. Until the committees get to work and be gin reporting back bills to the senate there Is Itttlo to be accomplished in that end ot the capltol. Aside from the resolution of Senator Crow , the introduction and reading of bills waa the only feature of today's ses sion. The recent court dcclalons requiring the reading ot bills In full on their first and second readings has been compfled with and members have long dozing spells , an the secretory goes through the list at every ses sion. It promises to take up n great deal more of the legislature's time than has here tofore been required , but the republican members are desirous of having the meas ures passed at this session comply strictly with the legal requirements. President Pro Tern Talbot occupied the chair the most of the time this morning. Referring bills to the committees was about the only work devolving upon him. Tronhle In I.nnriin ( < T Drli-uatIon. The senatorial canvass goes merrily on , the different candidates prosecuting their campaign along the lines that have been followed for the last ten days. The exclusive announcement of The Uee of the consolida tion of the Lancaster county vote on D. E. Thompson wan the talk all through the senatorial headquarters. This result had been something nil had been expecting but yet which they were not anxious to be told. It Is laid that ono member of the Lancaster delegation exhibits signs of "gigging" back from the agreement to vote the delegation as a unit as decided on by the majority. Pressure Is being exerted to that end , but whether successful is not disclosed , To most of the legislators the senatorial campaign Is a novelty and the game ono In which they are almost as Interested specta tors aa those upon the outside. Although quite n number have had previous legliiu- tlve experience and have served In one or more legislative bodies previous to their present election , very few of the present re publican legislators have ever participated In a senatorial fight. Of those republicans who have votes in tbe present legislature uoven served In the leglilature four years ago and were recorded - corded votluz for Senator Thurston * t tbat