THE OMAHA DAILT 111313 : TIIUHSDAV , JAKITAUV LMJ , IRfMI.
f'P\TPIl t 1' I / ' \T M\T TUP 1 % * nit
( .ENtRAUAtiANOX THE RACK
Oourt-Martial Which is to Try Commissary
General Convenes !
MAJOR GENERAL MERRITT PRESIDES
yinilH In nl Oiiue tin tlio I'rellmlnni >
Work 1'reiiiu atoi ) In Cctdnu
Doivn lo HiislneiM Kuwait
1'leilllN .VH Ullllt ) .
WASHINGTON. Jan. 23. Tim board of
array officers designated by tlio Beuctnrj of
war to sit na a court-martini Iti the case of
Brigadier General Charlts 1' . KaRan , com
missary general of gubslateuce , charged with
conduct unbecoming tin nillccr anil a gentle
man , find coiuluct to the prejudice of Rood
order and discipline , In conucttloii with blJ
testimony before tlio War Invcsltgitlng com
mission , met in tlio red pmlor of tbe Kbbltt
house nt 10 o'clock this morning nnd Irnmo-
( llutely proceeded to the business In band
The court consisted of Major General Wes
ley Merrltt , U. S A , Majoi General James
H Wnde , U S. V , Major Gcneial M. C.
Ilutltr. U S. V . Major General S II V.
Young , U S V , Brigadier General Rojal T.
T Tranlt , U. S. V , lirlgidlcr Geneial George
M. Randall , U S V , Brigadier General
Jacob Kllno , U. S. V ; Drlgadler General
Ulcbard Comba , U. S. V , Colonel I'cter C.
Hulnes , corps of engineers , Colonel George
U GllleHple , corps of engineers , Colonel
Charles It Snter , corps of engineers , Co'o-
nel Fiancls L Guonthei , Fourth nrtlllery ;
Lieutenant Colonel G. II. Ia\l3 , deputy
Judge nihocnto general , Judge advocate of
this court The members of the court , who
appeared In full dress uulfuim , were sealed
about a. long table pliccd Icngthw Iso of tlio
room General Meriltt , the president of tlio
court , occupjlng the feat at the head
At Just 10 o'clock Colonel Davis called the
roll of the court , all the members respond
ing to their names As ho concluded Gen
eral Kngan appeared \\ith his counsel , A S.
Worthlngton , formerly United Stiles dis
trict attorney for the District of Columbia ,
und took his seat near the judge advocate
nt the foot of the table. General Kagan also
were the dress unifoim of his tank. Almost
Immediately Colonel Davis arose and Intro
duced General Kagan and his counsel , and
then proeceded to read tlio order convening
the eourt.
The Judge advocate , when this was con
cluded , turned to General K.igan and in
quired whether ho objected to any of the
members of the court as designated bj the
order. Gcneinl Kagan replied " 1 do not. "
The members of the coint then niosc and
took tlio usual oath The eharges and specl-
catlous were then read.
EllKIUI rlellllNft ( JulKj.
During these preliminary pro-ecdlngs
General Kngin exhibited no nigns of nerv
ousness , hut the expression of his face and
his manner clearly indicated that ho roa-
llzed that the trial Involved consequences
to him of the- gravest character \\hllo he
fctood listening to the charges and specifi
cations his face fitemcd somewhat paler
than usual At the conclusion of the read
ing , on being requested to plead to the
specification of the first charge ho said , "Not
guilty , " not denying , however , that the
specifications set forth correctlj p-irt of 'he
Hngtiagu used To the second charge he
also pleaded "not gulltj "
The Jinlgo advocate then arose and enld
tint the case In hand was .1 peculiar one ,
but presented no unusual difficulties. The
ncccused had seen fit to add to his plea
of not guilty some words tending to quallfj
It , but he diil not think the plea relieved
the court from the necessity of proving
the facts alleged.
Judge Worthlngton responded briefly nnd
explained why the qualifying words had
been used Upon his recommendation. The
specifications did the accused a great in
justice In that It selected particular ex
pressions without giving the context , and
In one or more Instances the specifications
quoted beginning In the mlddle of a sen
tence. Continuing , Mr. Worthlngton eald
that ho desired to slalc brlelly to the court
the substince of General Pagan's defense.
Whatever said he , the coint may think
of the propriety of the language used by
( icnuril Kagan before the War Investigat
ing commission there was no doubt In his
( Worthlngton's ) mind that ho was fully
protected In using that language by the
laws of the- land In no court , civil or
military , he said , could the accused be held
accountable for his language even If It
could bo shown tint the speaker was
nctualed by malice. In addition to this
the president of tlio United States had In-
Btructeil the Wai Investigating commission
to announce publicly that witnesses before
that tribunal would be given Immunity for
whatever they might testify to. This was
n solemn promlio given by the president
of the United States and counsel had no
doubt that the court would find that General
Kagan could not under these circumstances
lie held to answer to n military court-
martial for his language.
l' innilNNiir > ( ieiiernl'N I'roi oonMoii.
General Miles , no said , had appeared be
fore ) the committee about three weeks heforo
General Hunan hud mndo his statement and
on that occasion had made most serious
nnd sweeping cluuges against many of his
HUboidlnatcs and particularly against him
nnd the commlbsary department of the army.
Ho had charged General Kngan with being
incompetent nnd neglectful of his duties nnd
liad Infercntlilly charged him , General
Kagan , with Issuing poisoned meat to the
soldiers of the army nnd had ov erred that
many had died In consequence. He had
nlso Implied that General Kngan went to tno
secretary of war and asked leave to bring
charges against him. General Alger had
replied that under the president's order of
Immunity General Miles could not bo held
responsible for his language before the com
mittee. The newspapers then took It up
and goaded General Kagan almost to des
peration. Ho had come to believe that the
press nnd the country at largo had accepted
tlio accusations made by General Miles as
true and the condition of hl3 mind In con
sequence grew worse and worse until ho
was In a state bordering on distraction.
The language which General Kagan used
tmdcr these circumstances was the natural
outburst of an honest man suffering under
an unjust accusation
In closing Judge Worthlngton said that
General Kagan could not bo held account
able for his language before any tribunal In
this countiy , civil or military , nnd particu
larly under the president's order of Im
munity
Court A lull * ( he 1'resldent.
At 10 CO o'clock word canio from the
Wb\lo house that the president would receive
the members of the court between 11 and 11
o'clock. Thereupon General Merrltt an
nounced that the court would take a recess
for the purpose of paying their respects to
the president of the United States.
On reassembling at 11 GO , time was given
a photographer In which to take a picture
of the court and then Major S. C. Mills was
called to teotlfy on behalf of the govern
ment. Ho said ho was the recorder of the
War Investigating commission and was
present and heard General Kagan's testimony
before the commission. The manner of Gen
eral Kagan In giving his testimony , ho said
The Genuine
Horsford's ' Acid Phosphate
Always haa the name " Hereford's"
on the label ,
NtVER SOLD IN BULK ,
i
was that of a man laboring under great
rxdtcment , but trjlng to control his ex
citement.VltncM hid charge of the type
written testimony given by General Kagan
and had delivered the same to General
Dodge at his hotel. Subsequently the wit
ness hail returned the piper to General
Kagan with a letter declining to receive It
In Its present condition.
Ho recalled some of the words used b >
General Kagan lu hla testimony , vhlch
agreed substantially with the phraseology
used In the specifications , The witness was
shown a copy of the specifications and Identi
fied the language there quoted ns having
been .used by General Kagan. Judge WorthIngton -
Ington Interrupted to say that General Kagnn
did | iot deny the language quoted , and had
not' the original statement been destroyed
after the objectionable matter had been ex
punged ho would willingly produce It here.
iiiKnn : ( iron * Kxcltnl.
Major General McCook , retired , a member
of the War Investigating commission , was
the next witness He was present and heard
n part of General Kagan's testimony before
the commission. "Tho Impression I had , "
10 eald , "was that General Kagan must bo
aborlng under great nervous excitement. "
lo recalled some of the language used and
t agreed bubstanthlly with the testimony
as published. Ho was shown n copy of the
pcclficatlons and Identified some of the
anguago as having been used by General
; agan.
The witness recalled a remark made by
ho president In regard to the Immunity of
\ltnesscs. The president had said In sub-
tnnco that any person who should come
before the commission to give evidence
hould receive Immunity from the action of
any higher authority. It was the under-
landing of the commission that this 1m-
nunlty extended only to legitimate testl-
nony that could be received by any
rlbunnl. No written statement or order as
o the Immunity of witness , ns far na he
.new , had ever been made.
General MUcs had appeared before the
ommlsslon some dnya before Gcneinl
Jagnn was heard Ho had objected to being
jworn and his statement had been received
vlthout his taking the oith. General Miles
\na the only witness , so far as ho recalled ,
Uio had objected to taking the oath , nl-
hough ono witness In New York had re
used to swear that ho would tell the whole
ruth. The commission had no hard and
ast rule In regard to the matter of the oath.
The Judge advocate then read nt some
cngth from General Miles' testimony before
ho War Investigating commission , which
nllcd forth the objectionable language In
Dcncial Kugan's statement At the eonclu-
lon of the reading of General Miles' state-
nont Judge Worthlngton read nt length from
Tencial Kigali's testimony before the War
nvestlgntlng commission. At 2 o'clock the
: ourt adjouined until 10 o'clock tomorrow
nornlng.
VOTE m TJ1E TREATY
( Continued from Plrst Page. )
eclarcd It was a fact that wo had not had
no friend on the continent In our recent
itrugplo with Spain or In our effoits to
ecure peace favorable to this country. Ho
ntlmated that but for Great Britain's at-
Itude , there would have been Intervention
iy the continental powers.
In this connc'UIon he referred to the news-
laper reports from London accrediting to
ilm an cxpiesslon In favor of nn alliance he-
ween the United States , Great Drltain and
( apan. Ho had , he said , never advocated
inch an alliance , but ho would not say that
ho time might not come when such a plan
vould bu both wise and necessary for the
preservation of our rights and prestige.
Will A olil International Trouble.
Ho dwelt at some length on the favor
the Spanish side of the question
while the conference was In progress and
said there was especial effort to have the
Spanish bonds secured on the colonies
uaranteed by the Americana. He believed
that If the Americans had the Philippines
nternallonnl trouble would bo avoided , but
f the contrary course should be pursued , he
vas most apprehensive of the results.
In reply to a question from Senator Hoar ,
Mr. Davis said there had been no effort to
put the rlllplnos on the same footing with
he Cubans In formulating the treaty. He
said the two countries were very differently
alunted and Instanced the demonstration
n Manila harbor as an example of what
might occur in a land so distant.
Mr. Davis urged the Importance of favor
able action upon the treaty at the present
session. A failure to ratify meant , ho ar
gued , continued uncertainty , renewed en
couragement to the Insurgent Filipinos , pos
sible conlllct with them and a prolonged
state of war , with much of Us expense and
jorrors.
HOUTIM ; AVOIUC iv TUB SENATE.
"Number of Illlln IntroilnciMl anil Otli-
ITN I'llt OU I'llMKIIKl * .
WASHINGTON , Jan. 23. At the begin
ning of todaj's session of the senate Mr.
Hale , chairman of the committee on naval
affaire , reported the imval personnel bill and
gave notlco that at the earliest time possi
ble he would call It up for consideration.
Mr. Cullom of Illinois reported the legisla
tive nppiopriatlon bill nnd announced that
probably he would call It up tomorrow. Mr.
Cockercll of Missouri offered a resolution di
recting the secretary of the Interior to fur-
h the oenato with full information con
cerning the old settler Cherokees , together
with whatever recommendations the secre
tary might desire to make. Mr. Chandler of
Now Hampshire Introduced a bill tempo
rarily creating the office of admiral of the
navj' . It was referred to the naval affairs
committee. The senate hill probldlng for the
erection of a building In this city for the
Department of Justice at a cost of $1,000,000
was passed.
Bills were passed as follows : Amending
section C of the act approved Juno 10 , 1SSO ,
governing the Immediate transportation of
dutiable goods without appraisement ; direct
ing the secretary of the treasury to donate
ono set of life saving apparatus to the Im
perial Japanese society for saving life from
bhlpwreck ; extending the time for the con
struction of a bildgo across the Missouri
river at Iloouvllle , Mo , , by the Ooonvlllo &
Howard County Bridge company.
The senate then , at 12 CO p. m. , on motion
of Mr Davis , chairman of the foreign
relations committee , went Into executive
session.
At 1 10 p. m. the senate resumed business
In open session. A bill to prevent failure of
military justice was passed.
Mr. Bacon of Georgia gave notice that on
Saturday he would call up bis resolution de
claring that the rlllplnos ought to be free
and Independent and ask a vote thereupon.
Mr. Prje , a member of the foreign relations
committee. Informed the senate that he re
served the rluht to Insist upon the further
consideration of Mr. Bacon's resolution be
hind closed doors.
A bill authorlzlnc the British Columbia
and Seattle Pacific railroad to construct a
bridge across the Columbia river was
passed. '
On motion of Mr. Davis tbe senate , at :
o'clock , aeatn went Into executive session
and at 3,40 p. m. adjourned.
1)01,1IVKIl AMI JOH.VSOV TfiNCE
HOIKO Mud-UN ( u 11 I'lery ExoliuiiK < * of
M'tirdM on l vpiiualuii.
WASHINGTON. Jan. 25. Not since the
stirring dajs before tlio declaration of war
last spring has the house witnessed such an
exhibition of excitement < md scenes of un
bounded enthusiasm as occurred today , when
the two republicans , Mr. Johnson , the In-
dlcna member , and Mr. Dolllvcr of Iowa
locked horns on the question of expansion
The army bill , which was under debate ,
woe swallowed up In the broader question
of our future national policy and tbo debate-
was lifted from the dead level of mediocre.
Into absolute brilliance. Mr. Johnson secured -
cured time from the democratic aide to at >
tack the position of the administration. It
was not the first time be baa broken nway
from his party on public questions. On past
occasions he has won a reputation as a mas
ter of Invective and the knowledge that he
wag to speak had attracted an enormous
crowd to the galleries. Today hs added to
his reputation. With satire , Irony and wit
ho keen thrusts of his logic were driven
lome. Ills words flowed from him In a per-
ect torrent.
He denounced the proposition to annex
ho Philippines as subversive of everything
far to the American heart In the past nnd
no Injection of a policy that would ro'till
n the downfall of the republic. Ho said the
allocation of the treaty by the senate would
i.ound tlio death knell of the efforts of all
hoeo trjlng to prevent the country from
ushlng on to eulcldo and declared It li"
vere a senator ho would rot In his seat be-
ore It should be ratified.
Ho denounced the president as the slavish
ol lower of public opinion , but warned him
hat the tide would recede and the voice of
ho people would In time rebuke him. Mem-
jcrs stood In the aisles ten deep while ho
vas speaking , but ho tried to stop the np-
lauao which continually broke out from the
emocrntlo side. Tor almost two hours hla
vords poured forth. When ho had finished
Ir. Dolllvcr came to the defense of the ad
ministration. Ono of the ablest debaters
end perhaps Iho most eloquent member ot
ho house , his reply ect the republicans wild
with enthusiasm.
He described how the president had been
airly driven Into \var by those who now
sought to embarrass him before peace waa
cfinltely obtained and his eulogy of the
iresldent patiently meeting all the perplex-
ng problems which beset him as the great
vents ot the jenr moved on aroused hla side
and the galleries to cheers. These rang out
again and again , when he paid an eloquent
rlbute to Admiral Dewcy and broke In re
newed volume when he declared that the
ourse of some members at both ends of the
apltol w"as "almost treason. "
But the highest pitch of excitement was
cached when Mr. Johnson and Mr. Dolllver
; ot to cloBO quarters toward the end of the
alter s Kpeech. Mr. Johnson pressed the
defendant of the administration to disclose
he president's ultimate Intention regarding
he Philippines , but Mr. Dolllver for some
Ime avoided the question. At last he said
his wag not the point at Issue , the first
hlng was to end the war by ratifying the
reaty. The Philippine * was a question for
he future.
It was In every respect a remarkable de
bate. The other speeches today wore com
pletely overshadowed by those of Mr. John-
on and Mr. Dolllver.
The house today resumed the debate on
ho army reorganization bill.
Saturday , February 18 , was set aside for
ho delivery of eulogies upon the late Kep-
resentatlve Northway of Ohio.
Mr. Gibson , republican of Tennessee , was
ho first speaker today. Ho advocated the
passage of the Hull hill.
In the course of his remarks ho argued
hat It was too soon for us to decide upon
a permanent policy regarding the Phlllp-
) ines. Our present policy should bo delay
mtll wo had thoroughly Investigated the
situation.
Mr. Johnson , republican of Indiana , then
ook the floor In opposition to the bill. As
10 arose the democrats applauded and mem-
JCTS squared themselves around In antlclpa-
.lon of some sensational utterance.
"While the president , In the orescnce of
what he may conceive to bo a popular de
mand , " he began , "Is hurrying the army and
navy across the seas to Inflict upon an alien
people a government against their will , I
propose fearlessly , without regard to Its ef
fect upon my personal fortunes , to make a
plea for liberty and an argument against
the perpetuation of Injustice.
"We were on the verge of a crisis , " said
Mr. Johnson. "Those who failed to rush for
ward In support of the schemes of the Im
perialists were being denounced here and In
the public press as 'Spaniards , ' nnd men
who failed In their duty. It the chief ex
ecutive would break his silence and openly
state that we did not propose to enslave the
people of the Philippines , the present
strained relations In the Islands would cease ,
those who were but yesterday our allies
would return to their homes and there wouU
jo no necessity for this proposed Increase
In the standing army. But this will not be
done. What else means the hasty disavowal
of Senator Forakcr's statement that the ad
ministration has no intention of holding the
Islande permanently. Why have the presi
dent's commissioners demanded the absolute
cession of the Islands Instead of simply de
manding their evacuation , as he did In the
cose of Cuba. Everything points In one di
rection the purpose to annex the Philip
pine Islands. "
Continuing ho drew a parallel between our
revolutionary struggle and the struggle ot
the Filipinos for Independence. Ho argued
that today they had a stable government ,
republican In form , a president , a vice presi
dent and a congress , the whole founded upon
the free consent of the governed. To at
tempt to subvert that government , he
charged , would be an "unspeakable crlmo
that should brine the blush ot shame to the
check of every free-born American. " They
iad not waged war for a change of masters.
They had rejected with scorn the high-
sounding manifestoes of the president of tbo
United States. They preferred to be free
and they now stood with arms In their
hands , undaunted , standing against the
United States for Independence and liberty
as they had stood against Spain. A people
with such stamina were worthy of their
freedom.
Mr. Johnson concluded at 2:30 : p. m , and
Mr. Dolllver , republican of Iowa , took tbe
floor for an hour to reply to him.
SCXD ASSUllAiVCKS OF GOOD
Thnnki Tendered Prenlilcnt Through
Major llrooke from Mutaiixna.
WASHINGTON , Jan. 25. The following
cablegram has been received at the War
department :
"HAVANA , Jan. 23. Adjutant General
People of Matanzas , after three dajs' peace
ful aud orderly celebration by their civil
governor , mayor , council and junta , convey
to the military governor and through him
to the president of the United States their
grateful acknowledgment for the Inestimable
services which have been rendered by the
army and navy , together with their assur
ances of such conduct as will convince the
people of the United Slates and of the world
that they are entitled to the confidence and
respect of all patriotic people.
"JOHN n. imooKn ,
"Major General Commanding. "
I1III ( or rvnuilc > ur e .
WASHINGTON , Jan. 23. Senator * Bur
rows today Introduced a bill to provide for
tbe employment ot female nurses In the
army. It authorizes the establishment of a
nurslns commission to bo composed of the
secretary of war , the general commanding ,
the adjutant general , the surgeon general
and three trained nurses to bo selected by
the president , which board Is to luvo gen
eral supervision of thU service. All tiurses
emplojed are to bo graduates of hospital
training schools. A superintendent Is pro
vided for at $3,000 salary and an assistant at
$2,000. The num * are to be given $10 per
month.
Ilecriitloii nt Willie Home.
WASHINGTON , Jan. 25. President and
Mrs. McKlnley gave a reception at the
White House tonight to the officers of the
army and navy and tbo Marino corps. In
vited to meet them were the cabinet circles ,
the diplomatic ccups and a contingent of
congressional and resident society.
Mi'xi : oi' ivritAni'i ION 'inn.\T\ .
.Mi'\leo llurliorx ( lni > American mill
I lilted Mult- * One Movlriui ,
WASHINGTON , Jan. 23. The Mexican
extradition treaty expired at midnight lost
nlpht according to the notice- given by the
Mexican government. Ita lapse finds a re
markably small number of fugitives from
ustlco In either country to profit from the
fact.
Santiago Morphy Is the only Mex-
can fugitive now nt largo In the
United States. Ho made a sensa
tional escape from the Mexican chief
of police In New Orleans just one day before
ho treaty expired. In Mexico there Is ono
\merlcnn , Jnmoa Temple , who Is n refugee
rom Justice and against whom extradition
iroceedltiKs nre now In progress , the charge
jclntr unlawful homicide , nnd In his case ,
there la reason to believe , Mexico may grant
extradition ,
The hiatus following the lapse of this ex-
radltlon treaty Is deplored by both parties
uul on each Rldo nn earnest disposition Is
jelng shown to replace tlio old treity with
a new ono to be concluded by Powell Claj.
on , our representative at the City of Me\-
co , and the Mexican foreign minister , Senor
Marlscnl. Talr progress has been made on anew
now treatj- , though It Is no easy tisk to
econcllu the ndlcnl difference of opinion
lotween the Mexican government nnd our
own In the definition of political or rove >
utlonnry crimes which may not be subject
o extradition.
SMITHSOMVN HEGUVl'S MHHT.
Vcctln of Institution for .More Itooui
Pointed ( Mil.
WASHINGTON. Jan. 25. Chief Justice
Tuller , the chancellor , presided today at the
annual meeting of the Hoard of Regents of
ho Smithsonian Institution. The death ot
Senator Morrlll , for fifteen jears a regent ,
wna announced and suitable resolutions
adopted
Senator 0. II. Plntt of Connecticut will
succeed Senator Morrlll and Dr James D.
Angell of Ml-hlgau has been elected to suc
ceed himself. The report of Secretary Latig-
cy particularly enlarged upon the needs of
ho museum , stating that It had now between
4,000,000 nnd 6,000,000 specimens , so that
hey were now stacked llko warehouses with
the things that could not bo displayed nnd
urged the need of moro means for Its ad
ministrative service.
The request made on the part of state
agricultural colleges nnd experiment sta-
Ions for the establishment through the
Smithsonian Institute of a graduate studj for
) roperly accredited students In connection
vlth the government departments and sclen-
.Illc bureaus was referred to n committee
'or report at the next annual meeting.
JUDICIAHV COMMITTEE.
Sen In of Member * of llou.se AVIm Are
In Army Hade Special Order.
WASHINGTON , Jan. 23. The Inquiry as
to the right of members of congress to hold
outsldn ofllces was resumed before the house
committee on judiciary today.
Chairman Hendeison staled that General
Wheeler did not care to be heard orally.
The general's written statement was read
and discussed , also statements submitted by
Representative Gardner of New Jersey , a
member of the Industrial commission , and
Representative Colson of Kentucky , a colonel
of volunteers.
Mr. Gardner urged that the places on the
Industrial commission were not offices In the
meaning of the constitution. Colonel Colson
staled that he had not drawn any army pay
and , since congress had assembled , ho had
drawn neither congressional nor army pay.
This closed tbo hearing and the committee
went Into executive session to determine
upon Its report.
No decision was reached on the status ot
General Wheeler and other members and the
subject was made a special order for next
Wedncsdaj' .
CaiiillilnlcH for Librarian of
WASHINGTON , Jan. 25. The fight for
: ho post of librarian of congress was ac-
: lvely begun at the White House today and
two candidates were pressed on the presi
dent's attention. Senator-elect IcComas of
Marjland presented George Alfred Tovvnsend
and asked for his appointment. Senator
I'latt of New York had an Interview with
: he president In which ho spoke in behalf of
Thomas G. Alvord , another newspaper man
and Librarian Young's chief assistant.
Dthers , however , who did not personally see
the president were at the White House to
endorse II. B. r. McFarland of this cltja
newspaper man who has received some
learly endorsements. Secretary Long IB
strongly urging Representative Barrovss of
Massachusetts for the place.
Innlriict AniliiiHsndor AVlille.
WASHINGTON. Jan. 23. The State do-
isrtment has forwarded to Ambassador
White at Berlin full Instructions as to the
presentation ho la to mnko the Gorman
nlnlster for foreign affairs relative to the
ndlgnlty reported to have been offered to
the chief justice of Samoa by the Germ in
olllclals at Apia. The department also has
md some exchanges with the German am-
jassidor here on the subject. The nature of
; hese communications cannot bo revealed ,
jut It Is believed that they show an abiding
confidence In the disposition ot tbo German
; overnmont to right any wrong that may
javo ieen perpetrated at Apia through overzealous -
zealous agents.
Itetokeit Tonunice Due * Exemption.
WASHINGTON , Jan. 25. The president
oday Issued an executive order revoking the
exemptions from tonnage dues prescribed In
the Cuban customs rcgulallons for express
steamships cncaced in carrjlng tbo malls ,
under an agreement of contract with the
government , to ports In Cuba. The exemp
tion amounted to 20 cents per ton on ship
ping engaged , and It was revoked upon con
sideration of the fact that going as It did
to vessels already receiving bounties from
the United Stales government , it constituted
an Insurmountable obstacle to the operation
of lines not engaged In carrjlng tbo malls.
OITerH nn Amendment.
WASHINGTON. Jan. 25. Senator Petti-
grow today gave notlco of an amendment ho
will offer to the sundry civil appropriation
1)111 , extending the boundaries of Iho Yellowstone -
stone Nnllonal park so as lo Include tbo con
tiguous forest reserves In Wjomlng.
I'n > inoiilM on 1'nelllc llalliiii ) IloiulH ,
WASHINGTON. Jan. 23 Of Iho $14,000.-
000 of Pacific railway bonds due January 1
all but $383.000 have been paid The laltcr
remain unpaid by reason of nonpresentatlon
up to today.
\YOULDNOTEXPOSET11E1UNK \
Serious Charges of Neglect Against Comp
troller of Currency Dawcs.
CONTINENTAL OF MEMPHIS IN BAD WAY
HIM for Itocrlt er Stale * He AVnn In
formed lit lliiiiU'n ( ( inillllon. Hut
Took A" Aellon InelMiled
In .Suit.
CHATTANOOGA , Tenn , Jan. 23 A spe
cial from Memphis to the Chattanooga
Times save : A sensational bill has been
filed In chancery court here against Charles
G. Dawes , comptroller of the currency , nnJ
the oUlcer3 of the Contlncntnl National
bank of this city , a bank capitalized at
$000,000.
The bill Is filed by W. W. Cox , a resident
of Shelby count > , Tennessee , who nues ill
behalf of himself and of nil the other stock
holders of the Continental National bank of
Memphis against Charles G. Dawes , comp
troller of the currency , and II L Armstrong ,
tashtcr of the Continental National bank ,
and C. Uurwinkle , the latter two residents
of Shelby county , Tennessee.
The bill charges Comptroller Dawcs with
refusing to expose the condition of the bank ,
after being offlclaly ! Informed of a plan
to depress Its stock , and of violation of tbo
banking laws by the cashier , H. L Armstrong -
strong , which Information was furulshcJ
him by the teller of the bank and by
United States Dank Kxamlner J. S Kscott.
The bill contains a letter received from the
deputy and acting United States comp
troller , George M. Coffin , In answer to the
charges of mismanagement and peculation ,
wherein the accusing teller la advised not
to follow up the matter , "as It would result
In a very serious trouble to all concerned. "
Statements Doctored.
Tlio bill also contains a detailed letter
written the comptroller of the currency. In
which the affairs of the bank are laid barn
and charges ore made that the statements
were doctored and over $10.000 overdrawn
by the cashier , and that he has been guilty
of various acts In altering the official state
ments , etc. ; that the information was con
firmed by n letter sent the comptroller by
Dank Examiner Kscott , saving that the bank
was being Improperly conducted and men
acing Uio best Interests of Memphis several
months ago and jet no action was taken.
The charges against Cashier Armstrong
are sensational and a receiver Is asked for.
In concluding , the prajer of the bill con
tains tbo following two clauses :
'That defendant Armstrong be required on
his oath to make a full. true , direct and per
fect answer , showing the manner and method
by which he and his associates have pur
chased a controlling Interest In the Conti
nental National bank of Memphis , Tenn ,
nnd that he be required to glvo the names
and residences of such associates.
"That defendant comptroller be required
to make a full , true and pcifect answer ,
Knowing cause for his action in not taking
pioper steps to protect the .stockholders of
a national bank , as provided by the law gov
erning national banks. "
VACCINATION FOR POLICE
Chief AVIilte THHUCN Order Compelling
All Member * of Force to llnrc
Their ArlllN.
Members of the police ferro are spending
their leisure moments In deciding on what
part of the body they can most advan
tageously wear -vaccination mark. Chief
of Police White Issued an order jesterday
afternoon to the entire department summon
ing the members to appear at the station at
5 o'clock Friday afternoon , January 27 , pre
pared for vaccination. The city physician
will peiform the operations1. Where to wear
the mark Is the perplexing question that Is
troubling the custodians of the law. Some
of them hold that a sore aim will place
them at the mercy of any law-breaker who
chooses to resist arrest. Others say that vac
cination on the leg would prevent them from
giving chase to fleeing criminals In the
meantime the men aie cudgeling thcli brains
to contrive an excuse that will enable them
to avert the ordeal , but the chief says ho
will run EO risks , that all of his men nre
liable to come In contact with the disease
and must bo vaccinated.
SPORTING NOTES.
Mney Clilco AVI UN I'rcinlcr Stake.
NKW ORLEANS , Jan Muey Clilco ,
O , G. Parko's GallantrF.annv Wilson ,
nlly , waa favorite at evens In the betting
and landed the Premier stake $1,000 nr 2-
yenr-olds , at thrao fmlonRs this .ifcrnoin
some of the best jounntters nt tlio 'rock
started , but few liked the dNtanco nnd the
race proved a commonplace event l'aik > - a
candidate won all the wny. Sdblaznnd
Clay Pointer were the only other winning
favorites. 'Iho weather was 11ns and tlio
track fast. Resulls :
Klrst rtico , selling' , slv and oiu half fur
longs : Gath won blm W second , IUinli lit
third. Time : ltty&
Second race , Helling , ievn fur onsrs : Sir
Blaze won. The Diagnon ? * "iJliil , Tom Shan
non third Time : 1.234.
Third jacc , selling , one mile anj thr c-
tlghths : Clay Pointer won , Hitio rields
sceond , Double Dummy thlid. Time : 2 : t t
rouith race , for 2-yar-olus , the I lemler
stake , three fnrlonirs : Muey flilco vcn ,
Jen second , Gussie r.iy third. Tlnn. : 0.1i'X
1'Ifth rate , handicap. hcven lur rti's. (
Mlzpah won , DelJrido second , Egbart
third. Time : 1.2S.
Sixth race , selling , one jnlle : Ada rUi sell
won , I icky Monday second , Uvcrest third
Time : l.UV
\VfNtIT 11 .MniiiiKurN .Mnkc Itllle * .
ROCK ISLAND. Ill , Jan 2 * . The West
ern Association of liaso Hall Managers held
a meeting at the Harper hou o this after
noon. Seven towns wvre rppre en'ed , llock-
ford , Uloomlngton , Springfield , Qulncy. Ot-
tumvva. Cedar Kaplds nnd Hock Island.
Discussion led to the adoption of the
policy favored by the Hoik Island club for
na compact a league as possible Inlevv of
the withdrawal of railway favors , thereby
saving an Important Item without lowering
the standard of excellence. The salary of
the president was placed nt J900 and J900 was
mndp the limit for players for the season.
Umpire's wilt get $12T > a month. The man
agers are enthusiastic over the prospects
for the coming season , Either 1'eorla or
Decatur will be Invited to make the eighth
rlub In the league. J. Stanley ISrowne , edi
tor of the Hockford Morning Star , was
elected president and manager by live voUH
to two for Hugh Nlcol , a tormcr well
known manager
No attempt was made to formulate a
schedule The matter was leferrcd to
President llrovvne
1'iotfxt Aunliixt Itolieitx.
CITY , MO , Jan. 23 The
senate today adopted a resolution protcBtlnt ,
against allowing Roberta , the newly elected
congressman from Utah , to hold his seat In
that body.
Did You Hear it ?
The tin pan out of harmony tone of
your piano ? Have It tuned Join our
tuning club at n. veiy reasonable cost
\vo Keep your piano In tune and do
such rcn.ihluff as may bo necessary
you aio nt no bother tit all full paitlc-
ulnrs furnished upon application MO
are still making easy terms on piano
purchases tot ins that nro like pajliitf
rent nnd glvo the bnjer the selection
of such well known ulaniw as the
Knabo , Klmbnll , Kianlch & lUdi , Hal-
let & Davis , Hospo and about eljrht
others you can depend uixm what \\o
toll you about a piano.
A. HOSPE ,
Music and Art. 1513 Douglas.
PLAN ADOPTED
BY PHYSICIANS ' f
Which Will Prevent Coughs , Colds ,
Catarrh , Bronchitis , Pneumonia
and Consumption.
THE GENERAL PUBLIC REQUESTED TO OBSERVE -
SERVE THE FOLLOWING RULES.
now TO cum : A COLO ovnu xiom
Particular attention should be glvtn to thtst
directions ns pnenimonla , bronc.hltU nnd ca
turrh generally have tlulr origin In a com
mon cold. When vou notice tlio first svmp-
toms of n cold , go at olieo to the neares :
dtugglst and ] iurchiM a trlil outfit nt
"Hjoniel" (25 ( cents ) , use thN tnhalei
which cati be cart led In tlin vest poiket , for
ten minute's every hour ( ottener If desired i
ncid en letlrlng moisten a pleee of I'uinel
with from ten to fifteen drops of llvouui
aiid pin to the night robe This will poltlvo-
ly euro any common told before moitiLig
TOR HllONCHITIS 1'lnce the Inlnlor U
the mouth , nnd by breathing nntuinlly ol
low the germicide to pa&s b.ick nnd forth
through the bronchial tubes for ten minutes
this should bo repented at least twice evorv
hour until cure < Is effected In severe tasee
the throat should be rubbed with Ihomel
Ualm on retiring These dlreotlons followed
cnrofullv will relieve the wotst CUSP of
Hiicichltls in a few hours and euro the did-
ca o in a short time In fact. < a few mo
ments' Inhalation now acid then , through
the da } wilt irevint nnv possibility of > our
being nllllcteil with > the dU > cnsn.
CHOl'r Parents need have no fcor of
thta dread disease with "Hyomel" In tha
hoiiEO Tvvcnt } drops placed on a flannel
tul pinned to the child's night robe , with
m nppllritlon of ll\omcl Halm ( lit-nted ) to
the throit , will at once glvu relief and break ,
up the disease within nil hour
CON'St MITIOX I'ull directions regard
ing the trexitmcnt nnd cureof thli terrlblo
Bcourgo can be found at any druggl ts In u
, little book culled "The Storv of Hyomcl , "
j or will bo sent by mall , fmi of charge.
I " 11YOMKI ' Is the new Dry Air flermlcldo
j discovered Iti Australia , and la the only pos-
Itlvo euro for diseases of the respiratory
I organs ever found.
It Cures by Inhalation and is Guaranteed.
IIYOMIJI Irlil outllt. 23 ccnti llcirultir oii'flt } 1 00 i\tr.i bolllrs IIYOMHI EOe.
HYO.Mit 11AI.M ( n vvnndprful houei ) , io cents
I1YOMI3I DYSl'IM'SIA tTUU , KimranIced 50 ctntH Semi for folder nnd the
"Stoij of Jljomel At all dru tlsts or l > j mull nn reielyt of price.
THi : H T. HOOT ! ! CO , Audi 01 Hun IlldR , ClilMRO.
SOUTH OMAHA NEWS
It Is understood that the county commis
sioners are considering the advisability or
Increislng the compensation of the assist
ant county phjslclan located hero In order
that moro attention can bo pild to the
work In thU section.
At the present time the county pnjs $23
a month and It Is proposed to Incienso this
to $30 , providing the arrangement which
now exists between the county commis
sioners and the city olllclals can be con
tinued 'I he resident assistant county phj-
Blclan will bo e\pecte-d to attend to city
tails as well us county cases if this propo
sition goes through , while In turn for this
service the city agroc's to furnish medicines
for all city cases and such county cases as
are not icmovcd to the county hospital.
Such an anangement , It Is f-ald , would
mean a great saving lu the course of n
jcar to the. . city , providing a phvsklan who
would answer city calls Is appointed. Calls
for a doctor from the police station are
frequent. Hov s occur on the stiects or In
salcons and some one gets cut , or other
wise Injured , and a doctor Is needed to now
up wounds or dress biulsos.
Under the present svstcm the police are
supposed to fir t call the assistant county
phjslclan nnd If ho cannot be secured to
kend for any other available vihjslclan.
Each case of this kind means jn cxpendl-
tuio of money as a separate charge Is made
for each call. If the scheme suggested by
the county commissioners goes Into effect
the saving In doctors' bills for n jcar would
pay for the medicines used , so that the city
would really bo ahead. H ias been sug
gested that the council , with the mayor con
curring , appoint a police surgeon and ra > a
salary of a certain sum per month. This
Idea , It Is stated , Is finding favor with qulto
a number of the councllmen. but whether
an > thing will come of It remains to bo seen
The chances are that the county commis
sioners' plan will bo tried first and If It
falls a police surgeon will be appointed.
K I'IKc Hot ( 'iilvi'M.
The tickets for the charity ball are sellIng -
Ing rapidly. At the stock vards jesterday
Jack Walters disposed of fifty and called for
twenty-five more. Others did neirly us
well. At the downtown stores the sale Is
going on steadily , but It Is too early to pre
dict tbo total. All of the committees In
charge nro grcatlj gratified at the sale up
to date and feel that the ball will be a
grand success not only financially but from
an artistic standpoint. Electricians Jacobs ,
Wetzlcr , Shields , Morton and Klnncy .ire
working hard on the decorations and it Is
expected that the big arch will be put up
some time todaj. Among the electric novel
ties In the ball room will bo a fish pond ,
music by long distance telephone , metallic
handles which people take hold of and let
go right away and many other creations of
fertile brains. The electricians do not pro
pose to take the public Into then confidence
and tell In advance what Interesting dls-
plajs they Intend making , but It Is safe to
say that all kinds of new and novel con
trivances will bo Installed to make It In
teresting for the purchasers of tickets.
1'rlKDiuTM Miint AVorK.
Police Judge Bibcock has decided upon a
new plan of handling chronic beggars , well
Known toughs , etc. Hereafter peoplu of
this class who are brought before the judge'
will be sentenced to bo many dnja on the
street. Major Hnsor Is heaitlly In favor of
the plan and expects by this means to get
some street cleaning done at small expense.
The major said jesterday that he will
purchase some halls nnd chain and send
thcso prisoners out under guard to clean ice ,
bnow nd dirt off the streets The plan of
working prisoners was suggested to the elty
council a jear or two ago , but on account of
the opposition of labor unions It was aban
doned. On Tuesday the plan was tried and
four prisoners were taken out without
shackles. As was expected and desired Tom
Drown , a hobo of the worst sort , made a
break for llbcrtj and escaped Drown told
Judge Dabcock that laat jear ho spent 212
dajs In Jail , so that his escape Is considered
a good thing , as ho will most likely stay
away from South Omaha for some time to
come.
g fur a < oiifcxNlnii.
' \Vllllamb Harrier tin * dynamite artist was
placed on the rack again jestcrdiy after
noon and told those who Interrogited him
some more fairy talcs Some of the state
mcnts ho had made the day previous had
been looked up and found to bo falsehoods
and Harrier was confronted with the contra
dictions , lie Is of ready wit. however , and
soon concocted another Htory , v.bled was
inKrii down In wilting The agents of the
major who are > handling the case expect to
secure a complete confession from Harrier
bcfoio long In case the testimony which
Is being gathered can bo made to hold In
court D < irrler can bo severely punished for
his practical joke.
City GoNNlii.
Tred Garlow la laid up with an attack of
the grip.
J Ocden Armour la expected hero from
Chicago today.
Horn , to Mr. nnd Mrs. Oils Johnson , JS'lnc-
tccnth and S street * , a EOII.
Harry Ganunthilcr of Creston , la , has
accepted n position with Colemau.
John McMillan has completed the work of j
turning over the postonice to Captain itter.
The Ideil club will give a fancy mask hall
at Masonic hall on the evening of Febru
ary 14.
Superior lodge , No Ml , Degree of Honor ,
will five n danclrg party at Workman's hall
this evening.
Dr. Itcrry reports the arrival of a son nt
the home of .Mr. and Mrs IMvvard Krlckson ,
Twentj-ninth and T streets.
'larry Hogg and Paul Zlezens of the Ar
mour force. Chicago , spent jesterday her * , \
looking over the companj'B plant.
Manager Ken } on of the Union Stock Yards
eampiii } left jcmcrday afternoon for Den
ver to attend the stockmen's convention.
Coiisldeinble Interest Is taken In the state
aenatorfal contest bi Pouth Omaha people
and the evening papers arc anxiously
watched for every day.
The work of clearing the ground at the
new Munslmvv lumber ynid Is progressing
rapidly and It Is expected that the company
will be ready for business In about ten daa.
Magic City lodge. No. J > 0. Fraternal Union
of America , will hold a public liiHtallatlon
of officers at Workman hall on Saturdiy
ovcnlng. Dancing and refreshments will
follow'the ceremony.
The Christian Endeavor society of the
Tlrst Christian church will give a conun
drum Boclal at the home of Hov. Howard
CrnmbU'tt , Twentj-fifth and n streets , this
f\cuing Refreshments will bo served and
the public generally Is Invited.
Dunoon castle. No 63 , Hojal Highlanders.
Installed Its recently elected officers at
Masonic hall Tuesday nlgnt. Deputy State
Organizer \ \ ll on was piesent and acted as
Installing officer Mr Wilson Intends re
maining In the city for n week or two with
a view of Increasing the membership of the
lodge.
SldPvvnlKs are reported In dangerous con
ditions nt the following places : Twenty-
third and J streets , Twenty-fifth nnd M ,
Twenty-fifth , between P and Q streets ,
Tvvent-sixth and I' streets Street Com
missioner Hess lias been notified of the con
dition of these walks , but has not taken any
steps toward making repairs
William Henry I3rlscoo , better known as
"Dud , " Is confined In the city Jail on a
charge of ohootlng firearms within the- city
limits. IJrlcoo Is a veteran of the Tenth
United States cavalry and draws a pension
on account of dlsabllltj. He IB a good natured -
tured fellow , but In n thoughtless moment
he took a shot nt a lleelng negro and there-
faro languishes In a dungeon.
William Schmelllng walked Into a Fourth
ward saloon late Tuesday night and BWal
lowed a dose of chloroform. He told his
friends about It right afterwards and a phy-
Biclori with a stomach pump was Bent for
and the } oiing man was balled out. It la
stated that Schmelllug wan despondent. Ho
has been unplojcd by tlio stock yards com
pany for a number of years.
Ilrr runt' Go CM O\cr.
The trial of the charges filed against ActIng -
Ing Captain Her b > Judge Gordon was to
have been heard hist night , but owing to
the absence of City Attorney Council the
hearing wan deferred until Trlday evening.
Supplies
All of the
popular
and depen
dable kind ,
Hast man Kodaks Premo
Poeo Adlake Vivo
Diamond Cyclone and
IS'ewlCarona ' Cameras , glass
plntud. films , I'lioinicalfl , mounts ,
etc. Tlic boat oods ut tlio ri < ; ht
jirk'Cb. Wo do developing and
IH luting.
HIE ALOE & TENFOLD CO. ,
fxififriir i'lmtotl ii > lilc , Si < ; > ; ir ,
1108 F.irniiin OMAHA.
Op. 1'axton Hotel.
Witii Paslo Pot anil Shears
tlio Ncbr.isKa cilllois mould public
opinion wllli tlio ln-st hhoc-s on t'.nlh
Drov L Slinoinan fits tlio feet of the
multltndei iiiimy ol tlii'M' Minio shots
aio bcliiK nld at l > lx illsciiiiiitd tills
week for this is our annual .lammr.v
cli'Milii h.ilo t line ami all the odd
p.ihs , all I ho InoKoii lines and all Hm
lines \\c do not Intend to ( airy a .iln
aio pilcod so low Hut uo won't li.no
a pair of them by Saturday iiWit this
N a Mioo fhanco for the family , as the
bale Ini'ltides hhoes for every a -ln
patent leather , calf , Ucl Kid , taiw and
bluckd.
Drexel Shoe Co. ,
Omnlm'i Up-to-date Shoe Home.
iai9 FARNA.M STREET.