THE OMAHA DAILY BEE
ESTABLISHED JUNE 19 , OMAHA , TUESDAY MOTKING , DECEMBER 5 , 181)0 ) TEX PAGES. SINGLE COPY FIVE CENTS ,
BRITAIN IN A FUNK
Ordering Oat of Ten Thousand Fresh ra
Shows Dire Straita.
LORD ROBERTS MAY SUCCEED BULLER
Natal Situation Regarded ns Enongh for Sir
Bcdvers to Control ,
HOW BOERS WILL CHECK ADVANCES
To Stop Eullcr at Tngela River nnd Wear
Out White.
BRITISH PUBLIC PLUNGED IN GRIEF
flnccn Wrcim nnil lleinoniia IO KCII
and Memhcr * of the \iililllty lle-
le.jjeVnr Olllce for Scvrn
' HelcnKiiercd Cltlcn.
[ Copyright , 1S 9. by Press Publishing Co. )
LONDON , Dec. ! . ( Now York World Ca-
blcgram Special Telegram. ) It Is reported
hero that the military authorities * of _ Great
Britain are almost In a funk following the
ordering out of 10,000 fresh men. It Is ru
mored that Lord Roberts will be ordered
to Capetown to take chief command of all
the forcca In South Africa , superseding
Duller. Experts think the latter has his
hands full with the Natal situation , while
Gatncrc , French and Molhuen are operating
almost as Independent commands.
Continental papers Insist that Boer tactics
will land Methuen In Klmberley so weak
ened he will not bo able to move toward
Bloemfonteln or 'Pretoria because the lines
behind will bo cut by raiders. The same
authorities declare the Free Staters can
hold French and Gatncro safe while all the
remaining Boers will check Buller at Tugela
rlvnr and eventually wear out White at
'Ladysmltb.
It la said now that 600 Boers only fought
Mothuen nt Oras Pan that the force he de
feated nt Belmont retreated to the Orangn
Free State and the troops at Modder river
wore entirely fresh commands from the
Transvaal.
The numbers nnd mobility of the Boers
nro a source of constant surprise and
anxiety to the British authorities. The entire -
tire British public from royalty to the lower
classes Is plunged In amazement and grief
nt the frightful losses In battle. The'queen
now goea about her dally functions with red
eyes and Is reported to weep and bemoan
the deaths of her soldiers and the horrible
ravages of war. The princess of Wales In
private expresses her horror of the w r
nnd the terrible suffering and pain brought
upon the British. The war office Is con
stantly besieged by members of the nobility
seeking Information concerning relatives at
the front. One duchess refuses to read any
telegrams sent her for fear of receiving the
worst nowp.otsons , cousjnp , nephews or
other members of her family nt the front.
Advice * from lndymnlth.
PIETERMAHlTZnURG , Nov. 30. 0:30 : p.
m. Latest dispatches from Ladysmlth ,
dated November 25 , say nothing Important
has transpired slnco the last message. Boers
arrange the program dally and the English
apparently arc the disinterested spectators.
Complaint Is made that the Boers deliber
ately shelled the hospital after White had
refused the request of Shalkenburgh that
the wounded be sent to Ikombl camp.
The Liverpool and Gloucester rcglmenta
have lost eleven killed and wounded. Sev
eral Natal police- have been killed. TOP
estimated strength of the Boers Is below
10,000. The siege has resolved Itself Into
desultory attacks. The health of troops la
good. Civilians nro'patient.
"Wounded Dnliifr Well.
( Copyright , 1SS9 , by Press Publishing Co. )
MAFEICING , Nov. 23. Wounded are
doing-well. The messenger left them sing
ing "Soldiers of the Queen. " shelling the
Bocre le continuing. All arc well otherwise.
Jouhcrt ut ColeiiNO.
( Copyright. 1S99. by Press Publishing Co. )
ESTCOURT , Nov. 30. 9:35 : a. m. A local
farmer , taken prisoner nt Highlands , but
releaaed nt Colcnso yesterday , has Just ar
rived in camp. Ho estimates the Boer force
holding Colcnso at 15,000 , with fifteen guns
. Ho General Jou-
J- In strong positions. cays
bcrt himself commands the Boers.
NEITHER SIDE GAVE QUARTER
AViterli > o of the .South Afrlenn Ciiin-
linlKii Fouiflit nnd Won ut
.Modder Illver.
LONDON , Dec. tf. The correspondent of
the Associated Press with General Lord
Methucn's column , telegraphing from Moil-
dcr river last Thursday , saya : "Tho Waterloo
lee of the campaign has been fought and
won. The battle -WEB conducted -with unprece
dented stubbornness on both sides , There
was ono continuous roar like the explosion
of countless firecrackers. There was no
flinching on cither side and not a moment's
pause.
"For five hours the British batteries
poured tons of shrupnel nnd shells Into the
Boer position. Lord Methuen had twenty
guns and each fired an nverugo of 100 shells.
The Doers bad almost an equal number of
guns , which It Is reported wcro mostly
nerved by French nnd German artillerists. It
Is said the Boers had picked the position
seven weeks before and spent the time In
rendering It , ns they considered , Impregna
ble. They did not eccm to fear to expend
thrlr ammunition and their guns wcro well
and smartly handled.
"Owing to tliR bend in the river to the
right the Boers had a crosstlro on the Brit
ish attack. A Hotchklss gun was directed
with marvelous accuracy against the Brit
ish Maxim , killing the sergeant In charge ,
wounding nn officer and dlsab Ing the gun.
Tills occurred qulto nt the beginning of the
engagement. Whenever the Boer fire wa
cllencod In ono direction It was Immediately
reopened in another. Owing io the torrlflc
Mro nobody on the plain was out of range ,
utretcher bearers found It Impossible to go
forward and the wounded were compelled , It
possible , to crawl out of the line.
"No quarter Eeeins to have been given on
either side. The DrItU.h assert that amid
the hottest of the fighting the Boers dis
played ambulance llacs promiscuously and
were driven buck.
"It Is alleged that the Boers used dum
dum bullets , making special targets of tbo
horses. Wbtlo the Argyll Highlanders were
pushing screes the- river they were fired
upon from a house. Thereupon the High
landers stormed tbo house , and , although
the lloers hoisted a white ( lag , no attention
wag paid to It.
"General Cronje , It Is reported , with bis
contingent retreated toward Langburg at 4
p. in. Others followed iu the direction of
Jacobsdal and the main body of Boero re
tired with the guns about 8 p. m. On the
following morning about daybreak the
British fired a few shells Into the village
Getting n6 response , a patrol of cavalrj
the river. Dead Boers and many
rero found around the trench , Severe -
; ere In smoking ruins.
prisoners say that
General cmV auprcmc command.
He had to whlp rffl pn to prevent thbni
from deserting and despite this nmny throw
down their rifles nnd lied. "
BRUTALITY Of THE BRIHSH
tlueeti' * Soldier * Avcuned of Mnltrent-
Inir leer ! Prisoner * and lloli-
hlnu Dead llodlen ,
( Copyright , 15OT , by Press Publishing Co. )
LONDON , Dec. 4. ( Now York Word
Cablegram Special Telegram. ) Horrlb.e
charges are made against British sold.ers
at Elandslaagto by a correspondent of a leadIng -
Ing Austrian paper , Allcgmelno Handels-
blad , who visited the Boer prisoners atoa'd
the guardehlp Penelope at Simons bay. He
stated that the prisoners and wounded were
robbed of everything valuable , even wed
ding rings. In one case a Bser's flng r
was cut off to get a ring. The correspond-
cnt says :
"Never could I have thought Englishmen
to bo such brutes. Imagine about nlntoy mon
behind ft kopje when 300 Lancers attacked
them. The Boers hnd to surrender to su.h
overwhelming numbers nnd throw down
I their weapons In token of submission. But
1 the captain of the Lancers shouted : 'Kill
the blanks , ' whereupon a tremendous mnssi-
i ere ensued. Souscnthaler , one prisoner
! among thorn , was spared because he had
} remained Ilat on the ground. "
I A remarkable corroboratlon of ( bis charge
i Is furnished by a letter written by Private
Dolan of the Fifth Lancers otl obviously
1 the same Incident at Elandslangte. He
describes how the Lancers charged the
;
1 kopje , adding :
"Some , as they saw the Lancers , threw
up their rifles , ammunition and cried ,
'Friends , ' but It was no go , for they fired
on the lied Cross and we had no mercy for
them. "
TOO EXHAUSTED TO PURSUE
IlrltUth IIiul UnoiiKh After the Moddcr
Itlvcr richt Iloern Itetlre
with Artillery.
LONDON , Dec. 4. The Evening News says
it learns that a cable dispatch was received
today from an officer of the guards saying
simply "In Klmborley , " which , It Is added ,
may mean that General Methuen'ti vanguard
has entered Klmberloy.
LONDON. Dec. 4. The later details re
ceived from Modder river seem to show that
even the desperate courage the attacking
force displayed all day long ( November 2S )
failed to drive the Boers from their strong
entrenchments , and night fell on an unde
cided battle. But apparently during the
course of the night General Cronje , com
manding the Boers , who are said to hive
numbered 11,000 men , decided that the strug
gle was hopeless , for the British found the
town and surrounding positions evacuated
when daylight broke and the whole British
army crossed the river and encamped on the
Boor positions. The experts here are unani
mous in expressing the opinion that Klm-
berley's needs must be. very pressing to In
duceGeneral Melhuen to expose the ivlio'fu
of his command to the Boer marksmen ,
snugly entrenched In a semi-circular posi
tion. So deadly was the fire zone that the
Scots Guards were compelled to leave their
Maxim guns behind when they were forced
to seek less exposed ground. It was only
after dusk that a portion of the British
troops succeeded In crossing the river by
a mill dam on the extreme left. When
night fell the Boer artillery fire was still
as vigorous as in the morning , but the Boers'
retirement In the night saved the situation
for the British. The exhausted condition of
the British troops precluded the possibility
of a pursuit of the enemy.
Ilrltlnh Sllll In iK
( Copyright , 1S99 , by Press Publishing Co. )
LONDON , Dec. 4. ( New York World Ca
blegram Special Telegram. ) The Post mil
itary expert sa > .s : "Tho Modder river battle
eeems to have exerted nn obscure Influence.
o\cr all who have written nn account of
the fight , for wo are practically still In Ignorance -
noranco of the pcsltlon of the Bocra occu
pied nnd can only suppose the flght con
tinued till nightfall and the Boers under
cover of darkness vacated their positions. "
Shut Out Forelcn CorreHiiniidentx.
( Copyright. 1S93. by Press Publishing Co. )
LONDON , Dec. 4. ( New York World Ca
blegram Special Telegram. ) The repre
sentatives of the French nnd German news
papers have been barred out of the- press
lobby at the war office. No foreigners will
bo allowed about the building during the
war.
Two TrmiNiiortH Arrive ut Cuiietoivn.
CAPETOWN , Doc. 4. The British trans
port Hurona , from Now Orleans November
3 , has arrived here. The transport Canning ,
from London November 12 , has also arrived
hero with the First battery of howitzers.
TO COMPETE WITH UNCLE SAM
I'ollnU-Vlrnir Aiitnmntlo TcleKrnnh
-Htcm to lie Kutnhlliilicd In
the United Stnten ,
CHICAGO , Dec. 4. The Tribune tomor
row will say : Uncle Sara's postofilco will
be tbo first to feel the effect of the competi
tion with the Pollak-Vlrag automatic tele
graph system , according to tbo plans under
way for the Introduction of the machines In
the United States. It Is Intended to estab
lish a service with this device which will en
able merchants and other busIucES men to
eend long letters at such low rates as to
make thu plan acceptable.
At the beginning of the business It Is
planned that the new system will bo con
fined largely to night service. When the
wires are Idle In the night a great quantity
of messages could bo sent nnd delivered at
their destinations at tbo other sldo of the
continent the next morning. The rate Is to
bo made so low that a merchant could afford
to send message * ) 1,000 worda In length.
Inventors Pollak nnd Tlrag will leave for
Buda-Pcdth on December 13. They will busy
themselves Immediately with tbo manufac
ture of machines for use In the United
States. It will be three montr.e , they say ,
before machines will bo ready for shipment.
The Inventors Insist they shall demand for
their share $1,500,000 In cash and $1,500,000
In the stock of the company that floats tbo
undertaking.
( 'n I on el VoIUiunr OhJectM to Hetlrlnir.
CHICAGO. Dec , 4 , Under nn order of
Secretary of War Root the Board of Re
tirement , appointed last week to sit In the
capo of Colonel William J. Volkmur , adju
tant general of the Department of Colorado -
rado , began Us Bitting : hero today. Colonel
Volkmar Is hero and will enter objection to
lila retirement , lie Is now recovering from
an operation performed some tlmo UKO In
Denver hospital. Under the ago limit ho
hua six yt-aa ycvt to serve before retirement.
Miivenicnlu itt ( Icenii Vennel i , Dee.I ,
At Nu\v York Arrived Frloaland , from
Antwerp.
At Ohcrbourp Arrived Kllheld dor Gross ,
from New York , for Bremen , and proceeded
and arrived ut Southampton.
ARGUMENT IN BOLLS CASt
Smyth Appears for State and West for
Plaintiff in Suprems C'onrt ,
BOTH LAY TH IR IDEAS BEFORE JUDGES
.VelirnMuiiin Have Good Inek In Irnve
in K Scntn In the Ilouni * of Hell-
rcncntntlvcn l'oii ! Get
Up In Front.
WASHINGTON , Dec. 4. ( Special Tele
gram. ) Argument In the case of Henry
Bolln against the State of Nebraska was
commenced thlo afternoon In the supreme
court of the United States , Joel W. West
of Omaha representing plaintiff In error , and
C. J. Smyth , attorney general , the state.
Mr. West , who early In the day was ad
mitted to the supreme court , consumed an
| hour of time In presenting the question
I which ho raised Id his brief that the supreme
premo court of Nebraska erred In holding
] that n denial of a jury trial upon Issue of
j fact tendered by a plea In abatement Is
not reverelhlp error ; that the court erred
' In holding that chapter xxxlv of the criminal
code authorizing prosecutions of felonies by
Information filed by the public prosecutor
Is proper ; and that the court made a grievous
mistake In affirming the decision of the
court of Douglas county wherein plaln-
| tiff was convicted of embezzlement and
; whereby plaintiff has been deprived of his
liberty without due process of law.
Attorney General Smyth , In answering the
attorney for the plaintiff In error , reviewed
the story of the making of Nebraska's con-
' stttutlon and held lit antagonism of the
j contention that the state of Nebraska did
not como into the union under the en
abling act and asserted that It was not the
| Intention of congress that the state should
contend that congress was satisfied with
a bare declaration of Its Intention. He re
viewed the whole history of Nebraska's
Joining the sisterhood of states and laid
particular 'stress upon that clause of the
constitution which states that : "All gov
ernments derive their Just powers from the
consent of the governed. "
Court adjourned before Mr. Smyth could
conclude. He will resume his argument In
the morning. Mr. Weet will close for the
plaintiff.
.VelirnNkniiN Irntr Good Sent * .
Ncbraskans In the lower house were ex
ceedingly fortunate In the selection of scats.
It was the first time In Its history that its
representatives had anything like a fair
show In drawing for desks. Sutherland
and Neville were early In line and they de
cided to camp together right under th&
eye of the republican speaker , choosing seats
In the 11 rat row on the democratic side , their
numbers being 12 and 13. Stark and Rob
inson , representing the Fourth and Third
districts respectively , thought they could
afford to "get together. " They chose seats
a llttlo further back , being somewhat more
modest than their colleagues , contenting
themselves with eeats five- rows back from
the speaker , Robinson chosing a place second
end on the aisle , Stark to his left.
Burkett had his luck -with him and he
drew oneof the choicest seats In the halt ,
the second row from the speaker's desk ,
among a crowd of republican Itadersr Dol-
llver of Iowa being hie next door neigh
bor , Blngham of Pennsylvania being on the
aisle. On his front is "Bertie" Adams , also
of Pennsylvania , while near by are Cannon
of Illinois , Payne of New York and Dalzell
of Pennsylvania. Mercer was the last of
the Nebraska delegation to be called and
he chose a seat far back to the left of the
center aisle , Boutelle of Maine being his
next door neighbor.
The secretary of the treasury In his
recommendations for appropriations for the
fiscal year ending June 30 , 1001 , recom
mends $1,222,000 to be set aside for the sup
port of the Sioux of different tribes , In
cluding the Santco Sioux of Nebraska ; also
$50,000 for fulfilling the treaties with the
Sioux of the Yankton tribe , South Dakota.
For the support of the Indian school bo
recommends Flandreau , S. D. , $69,700 ;
Genoa , Neb. , $37,300 ; Pierre , S. D. , $28,550 ;
Rapid City , S. D. , $18,900. For improving
the Missouri river from Us mouth to Sioux
City , $1,000,000.
CoiiKriitiilatloiiN for Thiirnton.
Senator Thurston was the recipient of
many congratulations today from his col
leagues upon his being In the ranks of the
benedicts. His desk was covered with
llowcro and ho seemed to enjoy his new posi
tion.
tion.Judge
Judge L. Thomas of the Eleventh Iowa
district , Sioux City , bad a diamond stud
stolen this morning as ho was trying to edge
his way through the crowd In the capital.
Ho at once started In pursuit of the thief ,
whom he overtook and forced to give up
the sparkler. As he was In the act of callIng -
Ing a policeman , the thief broke away and
was lost In the shrubbery surrounding the
aouth front of the building.
J. B. Lehane of Beatrice , Neb. , Is In the
city , also John Stecn of Wahoo.
COLD THROUGHOUT THE WEST
Mercury Dnncliif ? About Zero Point
\VcNt of the MlHHUnliiiiI Hunt
to lie 'Warmer.
WASHINGTON , Dec. 4. The weather
bureau Issues tbo following special bulletin :
Tbo coldest weather of the season Is re
ported this morning In the western states ,
with temperature from zero to 10 degrees
below zero from northwestern Iowa ever
western Minnesota and the Dakotas , and
enow throughout Ohio valley states and the
lake region.
The lowest temperature of the season will
bo experienced tonight In the middle At
lantic states , with minimum about 20 de
grees , and heavy frost will occur tonight to
the gulf and south Atlantic coast lines ,
Tuesday will bo cold and fair east of the
Mlsalsslppl , after which the weather will
moderate over the eastern half of the coun
try.
IN FAVOR OF THE RAILROADS
.Indue ICohUiint Holdx Interdtnto Coin-
in ere e CoiiiinlHMloii'M Aetloii Iu
ChleiiKO I'nliiivful ,
CHICAGO , Dec. 4. The action of the
Interstate Commerce commission In enjoin
ing thu railroads running Into tbo union
stock yards of Chicago from making a termi
nal charge of $2 per carload of llvo stock
was declared unlawful by Judge Kohlsnat of
the federal court today , Judge Kahlsaat
ruling that the charge was reasonable. The
prayer of tbo Interstate Commerce commis
sion that the court enforce tbo order reduc
ing the rate from $2 to $1 was denied for
want of equity.
Judge Kohlsaat In his decision gives a
history of the changes which have been
effected In tbo rates for transportation on
the tracks owned by the Union Stock Yards
company , and in declaring the charges from
the termlmils to the stock yards reason
able , he Cuds that the defendants only im
posed this extra fee to cover the charges Im
posed by the stock yards company for the
use of their tracks. The court was not
asked to paw upon the legality of the "Chi
cage rate , " or chsrse for transportation upon
the terminals of the company's tracks. The
decision Is n decided victory for the nine
railroads running Into the union stock
yards.
CANVASS FIFTY-ONE COUNTIES
Kentucky Klcctlnn Cotniiil * li > nern
Ilenln I'I n nl Art In the ( Joeliel-
Tnvlor Controversy.
FRANKFORT. Ky. , Dec. 4. Fifty-one
counties were canvassed by the Kentucky
Stnto Board of Election Commissioners to
day out of n total of lit ) In the state. Of
thcso fifty-one counties five wcro passed over
to be considered Immediately on conclusion
of the work of the canvassing board.
The counties canvatsed give Gocbcl a total
vote of 74,164 and Taylori 63,578. The coun
ties passed over are Christian , Fleming ,
Green , Harlan and Hnrrlion. The board mot
at 11:30 : o'clock In the office of Secretary of
State Flnley , all three members , former
Justice Pryor of the stale supreme court , W.
T. Ellis nnd C. B. Poyntz , having been pres
ent. No tlmo wag wasted and immediately
the board got down to business.
It will probably take the board the greater
part of tomorrow to canvnfa the returns of
the remaining counties , and it will then re
solve Itself into n contesting board , adjourn
to the large hall in which the legislature
meets , and for a lime vocal fireworks will bo
In order. The real work that will count for
the election of Ooobcl or Taylor will begin
then , nnd every Inch will be fought fiercely
by both sides.
The city was very quiet today. A large
number of men , most of them republicans ,
came In from outlying counties , and one en
thusiast came in uniform without having
been ordered to do so. Among the arrivals
were Lieutenants Sparks and Scovlllo of the
Laurel county mllltla , but they did not come
on orders. They came , according to Adju
tant General Collier , as private citizens , to
see -what was going on. There was not a
semblance of a row of any kind during the
day. Mayor Dehonoy aworo In sixty extra
policemen , but they were as'much on account
of the crowds drawn by court day nnd the
opening of the congressional campaign.
TELEPHONE CONSOLIDATIONS
New Com puny Will Centralize the
Vnnt Iiitcrentu of the Hell
i Coninniiy.
NEW YORK , Dec. 4. The arrangement
announced In Boston by which the American
Bell Telephone company transfers Its assets
to the American Telephone'and ' Telegraph
company will make Now 'vprk Instead of
Boston the center of the va's .Bell telephone
system. The purpose , sofar / as can bo
learned , Is to bring about a' more complete
centralization of control and a closer con
nection between the long distance and local
lines operated under rights obtained from
the Bell company. As far as can be ascer
tained no Important Individual interest will
bo affected by the transfer.
The American Bell Telephone company of
Boston , which Is the parent company of the
Bell interests , has no wires or uyetem of its
own. It is the owner of the Bell patents
and has issued the licenses to all the com
panies operating under them.
KILL MEAT , INSPECTION BILb
Menniire in Indefinitely I'ontnoned
IlclchHtatr nt InntlKntlon of
the Government.
BERLIN , Dec. 4. The question of Amer
ican meat Imports Into Germany has already
created much bad blood on both sides of
the ocean , and It looks as though the case
would prove the first test of the friendly
understanding reached between the two
countries. In this controversy , as in others ,
there are two opposing currents within the
German government. The fact that the In
fluences favorable to the United States ,
whlcli are directed by Count von Buelow ,
the foreign secretary , are Just now again In
control has been strongly demonstrated.
The meat Inspection bill which the Reichstag
'
tag commission , hostile to the United
States , was to have taken up today has
been postponed indefinitely at the Instiga
tion of the foreign cilice.
DAMAGE CONTRACT NOT VALID
.Inilile Klein Holdn It In Conlrnrj' to
1'ulillc I'olley to AVnlvc
to
ST. LOUIS , Dec. 4. Judge Klein of the
St. Louis circuit court , In the case of Sam
uel G. Wilkinson against the Mobile &
Ohio Railroad company , today rendered a
decision In which ho held that a contract ,
oven by an employe , and made for a valu
able consideration to release a railroad com
pany from damage liabilities In case of per
sonal Injuries , Is contrary to public policy
and cannot be offered as a defense to nn
action to recover damages for such Injuries.
MeCoolc Scorched.
M'COOK , Neb. , Dec. 4. ( Special Tele
gram. ) McCook was visited by a flro about
4 o'clock this morning which destroyed the
Brewer restaurant and the Troth feed store
and their contents. Adjoining property was
saved by the hard work of the fire depart
ment. H. H. Troth's loss le about $500. He
carried $1,300 Insurance on building and
stock. J , J. Garrard's building was Insured
for about Its full value , $800. Mrs , Char
lotte Brewer , who occupied this building as
n restaurant , had her stock and fixtures
fully Insured for $800.
DenIJi of .Innu'H 1) , True- .
Jamea D. Tracy , former foreman of the
Burkley Printing company's composing room ,
died at his home nt Twenty-sixth and Caldwell -
well streets , at 1 o'clock this morning.
About two months ago ho returned from a
trip to California , where he went for his
health , nnd has been confined to the bed
over since , passing through the last stages
of consumption. Mr. Tracy was a member
of the Catholic Knights and the Typo
graphical union.
Iron .Mulder * 'Win Strike. -
PITT8BURG. Dee. 4. The iron moldnrs
have practically won their strike. At the
headquarters today it was announced Unit
nil of the firms in the two cities , with but
six excuptlonH , hnd conceded the terms de
manded. It Ix believed that all will bo in
line before the < md of thu week. The
forty-one foundrlpH where thn advance has
been granted wcro -operation today.
Hcnrirnnlziilloii of Iliirper Ilrothern.
JCKW YORK , Dec. 4.-Francls C. Can-
tine , a lawyer , was today appointed by
Justice aildcrslpeve In the supreme court
rcfcreo In a proceeding taken by the di
rectors of the corporation of Harper Bros. ,
puhllsherx , for thu voluntary dissolution of
that concern , with n view to the reorgani
zation of the company.
Donnelly < ioi > H to KniiKiiH CHy ,
INDIANAPOLIS , Dec. 4 , Presldent Don
nelly of the International Typocraphlrnl
union went to KUIIKUH City today to maku
anffort ( to effect n settlement of the Mtillto
of the Job printers , which luia been on
fur tlirco weeks.
NEW YORK , Dec , 4-Bond purehase at
the subtreasury today aggregated JS02 , < 03.
HAYIVARD'S ' LIFE EBBS AM
Strlckan Senator Fulls Rapidly and the End
is Now Very Near.
DEATH A QUESTION OF A FEW HOURS
PulliMit Iilcn III nn tJiiooimcloim Con
dition from AVhleh It IN t'li-
llkoly Hint He Will
Ever Itnllr ,
NEBRASKA CITY , Dec. ( i. .1 a. m. ( Spe
cial Telegram. ) At this hour Senator Hay-
'ward ' Is still nllve , but his vitality is very
low and ho Is liable to dlo at any minute.
Ho has been unconscious for some time and
the physician entertains no hope of his re
covery.
NEBRASKA CITY , Neb. , Dec. 4. ( Special
Telegram. ) Senator Hayward Is falling
very rapidly. .Ills . death may occur at any
moment , although It Is possible that ho may
llvo some hours yet. Ho has relapsed Into
a State of complete unconsciousness from
which It Is unlikely that ho will ever rally.
Dr. Whlttcn , who has been at his bedside
almost continuously for twenty-four hours ,
gave out this bulletin nt 6 o'clock this
evening :
"Senator Hayward lies now In a comatose
condition. His temperature Is 103 , pulse
12 ! ) , respiration 50. He Is falling rapidly. "
Slnco S o'clock last evening ho has lain
In a semi-unconscious condition. He falls
to respond to a question and has no knowl
edge of what Is going ou about him.
The lesion has extended over almost the
entire brain.
Dr. Whltten came from the sick man's
bedside at 11:30 : a. m. nnd gave out the fol
lowing bulletin :
"Senator Hnyward Is sinking rapidly. Ills
temperature Is 103 , pulse 128 and Irregular ;
respiration , 30. " Dr. Whlttcn spent the
entire night and most of this morning nt
the Hayward residence. At 10 a. m. ho
Issued this bulletin. "Senator Hayward has
lain In a seml-unconsctous state slnco S p.
m. last evening. Has taken little nourish
ment and Is sinking rapidly. He Is unable
to respond to questions. Temperature , 104 ;
pulse , 12S , Irregular and compressible ; res
piration 40 , and Irregular. "
The members of the family realize that
the end Is near.
HI * CrcdcntlnlN Arc Presented.
WASHINGTON , Dec. 4. The credentials
of Senator Hayward were presented In the
senate today by Mr. Thurston , who uubsc-
quently made the announcement that owing
to critical Illness Mr. Hayward was unable
to be present.
AGUINALDU IN A TIGHT PLACE
General Vonnfr Ilopen to Find Innnr-
BCiit Lender lit Mouii-
tnlii I'nua.
MANILA , Dec. 4. 11 p. m. An Associ
ated Press dispatch from Dagupan , contain
ing advices later than tboeo from Santa
Cruz , eays that General Young hopes to find
Agulnaldo In Bcnguet mountain pass and to
capture him there. Both entrances to Bcn-
guot are fortified. Two troops of the Third
cavalry will reinforce General Young in the
pass.
pass.Colonel' Hood , whlliv rcconnDltoring
San Mlgnel , drove a force of Insurgents from
Ildcfonse , killing several. Flvo Americans
were slightly wounded.
MANILA , Dec. 4. 7:30 : p. m. An Asso
ciated Press dispatch from Santa Cruz ,
province of South Ilocos , forwarded by
courier to San Fabian , says that General
Young , with three troops of the Third cav
alry , and Major Peyton C. March's battalion
of the Thirty-third Infantry arrived at Santa
Cruz today. The Americans left Hamapacnn ,
province of Union , this morning , expecting
to bavo a hard fight at Tagudln , In South
Ilocos province , but they found on arriving
there that COO rebels under General Tlno
had evacuated thirty-six hours before , de
serting an almost Impregnable position.
The Insurgents hnd been entrenched at
Tagudln on the north sldo of the rlvor ,
where 100 well disciplined troops could have
slaughtered a whole brigade crossing the
river with the men up to the armpits in
water.
The residents of Tngudln received the
Americans outside the town with a brass
band. They had been robbed of almost every
thing by the Insurgents nnd were glad to
welcome friendly and protecting troops.
A similar reception awaited General
Young at Santa Cruz. Prominent citizens ,
headed by a band , escorted the American
officers to bouses , where rest nnd refresh
ment wcro offered.
General Young's command was almost
without food. The men hnd been living on
the country , which affords but little , and
the horees are completely worn out , most
of them without shoes.
The inhabitants of Santa Cruz and of other
towns through which the Americans passed
say Agulnaldo and bis entire refugee army
have gone Into tbo mountains eastward slnca
the Oregon , Samar and Callao made the at
tack on Vlguan and landed a force there.
In several towns General Young was
shown letters written by Lieutenant Gilmore -
more , showing that he had been kindly
treated by the citizens nnd had been enter
tained by them when be passed through
last May.
Reports Indicate that all the American
prisoners , some twenty-five or thirty , were
at ono tlmo In Benguct province , but It is
supposed now that they have been removed
Into Lepanto province.
General Young's desire is to pursue the
rebels Into the mountains. There la no
communication between his small command
and the army of the other American
columns , except indirectly , perhaps , by
sighting and signaling United States gun
boats bound to or from Manila ,
Captain Rumbold , with tblrty-flvo men of
Company G , Thirty-second Infantry , while
escorting the signal corps laying the wire
from Porac to Florida Blnnca , charged and
routed seventy Insurgents , killing a captain
and eeveral privates. The Americans found
on the captain the sword and revolver that
were taken from the body of Naval Cadet
Welborn C. Wood , who was killed by the
insurgents while in command of the gun
boat Urdaneta when It was captured In
the Oranl river.
NOTE FROM LIEUT , GILMORE
Write * to 1IN | HUter thnt lie lln llecn
III. hut I * Now In I'nlrly
Good Henlth.
MANILA , Dec. 4. 6 p. m. The Spanish
transport Alva and the gunboats Villa-
lobes nnd Qulos with tbo Spanish garrison
and civilians of the Caroline Islands arrived
here today. They report that the German
govcrnoia of the islands , who arrived In the
war ship Jaguar , occupied Yap November
3 ; Rclpan , November 16 , and Ponape , Octo
ber 3. They garrisoned the places with fif
teen men each. The Spanish governors of
Yap and Ponape eald they considered the
email German garrisons in danger from tlio
natlvcB.
The Spanleh gunboata will probably be
CONDITION OF THE WEATHER
Forecast for Nebraska
Fair ; Warmer ; South Winds ,
Temperature nt ( dunlin yeiitenlnyl
Hour. Dcjr. Hour. Ie r. .
n n. ID. . . . . . -I 1 i . in. . . . . . Ill
n n. 111 : t : : p , 111 in
7 n. in. . . . . . - : t i . in. . . . . IT
S n. in . . . . . . i ! ! ] i. in 17
n n , in -i n ii. 111. . , . . . in
11) ) n. in n ( I p. 111. . . . . . 1(1
11 ii. 111 m 7 p , in. . . . . . i. %
iin. . . . ju s ii , 111. . . . . . in
I ) ti. m 11
offered for sale to the United States gov
ernment.
The Spnnlsh secretary , Senor Bcnqtionte ,
has arrived hero with n note from Lieuten
ant Ollmoro to his ulster. Mrs. Major Trice.
He says ho has bcun 111. but Is now In fairly
Rood health. The Spaniards befriended him
1 nnd gave his : .noney nnd clothes.
Cimunlty I.lxt front Mnulln ,
WASHINGTON , Dec. . General Otis'
I latest casualty list IB ns follows :
"MANILA. Dec. 3. following deaths
j slnco last report : Drowned. Hlo Grande ,
October 27 , Clarence Roncpart , K , Twenty-
fourth Infantry ; acute dysentery , / Novem
ber 26 , Thomas Smith , K , Twenty-second
Infantry ; 27th , Thomas B. I'all. R , Twenty-
seventh ; 28th , Dcwnnneo Goodrich , artificer ,
Ninth Infantry ; 2 ! > th , Louis \ \ \ Mohun. Ninth
Infantry , gunshot In action ; 27th , Richard P.
, Corbctt , C. Twenty-sixth Infantry ; 21th ,
j Harry Hiscock , sergeant , H , Twcnty-Blxth
1 Infantry ; 25th , Jamca K. Itooney , A , Twenty-
sixth Infantry ; 20th , John C. Wcthcrby. E ,
Fourth Infantry , typhoid fever ; 29th , Hey
Storrs , L , Third Infantry ; uraemia , 30th ,
James M. Hart , A , Ninth Infantry ; Decem
ber 1 , Fay Foster , D , Ninth.
\Vllllniiin Upturn * .
NKW YOUK , Dec. 4.-The British -learner
Ping Suey , which arrived today from
Chinese and Japanese ports , hnd ns a
passenger O. F. Williams , formerly United
States comuil nt Manila.
Movements of TrniiNnnrtn.
WASHINGTON. Dec. 4. The transport
Athenian , from Honoulu , arrived at Manila
yesterday.
HARRISON ON ROBERTS CASE
Former I're.ilclent Declnrcn It Would
lie \ntloniil Shiiinc to Sent
ll
INDIANAPOLIS. Dec. 4. Former Presi
dent Benjamin 'Harrison ' was asked today
If he would assist the anti-Roberts league
In Its efforts to prevent the seating of Con
gressman-elect Roberts. Ho said :
"Overtures have been made to mo by
persons connected with the league , but they
were merely tentative.
" 1 was asked If I could assist the league.
I replied that my time I had Just returned
home would be too much occupied for mete
to go Into the case. The matter was not
pressed. "
"What Is your opinion of the case , Gen
eral Harrison ? " he was asked.
"Oh , as to the legal and technical side
of It , the power of congress to deny him
a seat , I could not give an opinion until
I had studied It. AD to myself , I share
with the whole country the feeling that to
allow a man who Is living with plural wives
to sit In the congress of the United States
would not be American. It would be a na
tional fchame. "
General Harrison was not backward In
Indicating his entire sympathy with tlis
movement to prevent the alleged polygamlst
from taking his seat. He made his s.nte-
mcnts vigorously , but refused to give any
reasons why Roberts should be kept out ,
except what Is mentioned In the foregoing.
TRAIN HlfS AN ELECTRIC CAR
'ColllHlon Oceurn nt AVnlnmh Trnck In
ChlciiRo , InJurltiB HIeveii rcriioiiN
did Demollnlilitir C'nr.
CHICAGO , Dec. 4. A Wnbash railroad
patsengcr train struck a Thirty-first street
electric car at 6 o'clock tonight , Injuring
eleven persons and demolishing the car.
None of those Injured will die. The injured :
Bertha Martin , left leg broken.
Mary Palak , 14 years old , head and body
biulsed.
Anna Pallak , Injured about back and
shoulders.
Frances Lohr , left leg bruised and severe
scalp wounds.
Annie Lohr , left shoulder fractured ,
George Shaw , internal Injuries.
Frank Pale , bruised about head and
shoulders.
Frank Lurnk , injured about head and
shoulders.
Charles Shaw , motorman , right arm cut
off.
off.Charles
Charles Relman. left foot cut off and In
ternal Injuries.
Frank O'Connor , left ankle broken and
head bruised.
SIX ARE KILLED IN A WRECK
Pnllmnii Cnr nnd I'lmMen er Conch
SniiiNlied on the Itto Ornndc Itoud
In Colorado.
DENVER Colo. Dec. 4.
, , A rear-end col
lision occurred between two passenger trains
on the Denver & Rio Grande railroad this
morning In which six persons were killed
outright and several others were severely
Injured. The accident happened at English
Switch , about six * miles eiist of Sallda , at G
a. m.
The killed are :
C. E. OSGOOD of Denver ,
II. R. MATTHEWS of Denver.
PETER BARNES of Denver.
MRS. GEORGE PORTER of Grand Junc
tion.
tion.A.
A. H. JOHNSTON of Oborlln , O.
ONE UNIDENTIFIED MAN.
Seriously Injured : George W. Plorce of
Denver , Thomas M. German of Denver , A.
M. Johnston of Oberlln , 0 ,
CATCH MILLER IN MONTREAL
Ine ( Ilend of Frnnkllii Syndicate nt
New York Ileiiorled to lie In
Ilnniln of DcteutlvoN.
CHICAGO , Dec. 4. In a telegram received
lioro tonight at the local offices of the
Mooney & Boland 'Detective ' agency the cap
ture of William F. Miller , accused of hav
ing been connected with the Franklin syndl-
cato swindle In Now York , was announced
an having been effected at Montreal by the
agency's operatives , who have been In pur
suit of thu fugitive since his disappearance
ten dayu ago ,
MONTREAL , Dec. 5. At 2 o'clock this
rooming the police authorities say that
Miller has not < bcen arrested in the city as
far as they are awaro.
Another Atliintlu Cnhlc.
NKW YORK , Deo. 4.-The shareholders of
the Commercial Cable company at a meet-
ir.K today approved nn Increnttu of HH cupl-
lal stock from $10.000,000 to $15.000,000 for
tbo purpoEo of laying another cable ucronti
the Atlantic ocean. It was explained that
$5,000,000 IH needed for the laying of the
cable and for furnlshlm ; other facilities for
the Improvement of the system. No In
formation could ) > o obtained an to the point *
where the new cable will tnnah.
r > AHPnrrp PTPHP PTTM
ROBERTSSfEPSASIDE
Tayler of Ohio Objeo.s to Administration of
Oath to Utah Man ,
M'RAE ' ALSO ENTERS HIS PROTEST
Question Goes Over fora Day to Allow
House to Organize.
HEPBURN TO SIT IN CHEROKEE STRIP
GiTcn a Splendid Etcoption When Ho
Moves Over to Demooratlo Bide.
VETERANS GIVE HENDERSON A BOUQUET
Old Cntiirnilrn nt Diiliuqnc Sliovr Their
Frlciidnlili ) for the Jinn Who 1'rc-
Idcii Over the Ielllierntlon
of the lloiine.
WASHINGTON , Dec. . -Enormous
crowds witnessed the opening scenes In the
house today. The principal Interest centered
in the disposition of the case of Roberts ,
Iho Mormon representative from Utah.
These who anticipated a sensational de
nouement were disappointed. The program -
gram outlined by the republican leaders at
their conference ) on Friday night was par-
tlally carried out The objection to the ad
ministration of the oath to Roberts was en
tered by Tayler of Ohio , as predicted , and
ho fitoppod aside without protest , except to
nsk If by doing .co ho waived any of his
rights. To this the speaker responded In
the negative.
There was not a protest from any quarter
against the objection to the administration
of the oa'th ' > to Roberts. But on. the con
trary , the only volco raised , except that of
Tayler's , was that of McRao , democrat of
Arkansas , who Joined with Tayler In his
protest. Taylor offered his resolution to re
fer the case to a special committee , but by
mutual arrangement tbo consideration of
the resolution was postponed until tomor
row In order that the routine business In
connection with the organization might bo
transacted.
Although Roberts was not sworn In. ho
secured a seat. This , however , was by an
accident nnd simple. In the seat drawing
lottery no provision had been made for
Roberts , but when the drawing was com
pleted two others as well ns himself had not
been provided with scats and the speaker
asked and secured from the house general
permission for those members who hnd not
drawn seats to make such selections ns they
could. Under this authority Roberts got a
scat In an obscure portion of the hall. His
daughter eat In the gallery and watched the
proceedings from beginning to end. The
election of Speaker Henderson and his In
troduction into office , the appointment of
the usual committees to wnlt upon the
-president , went off without a hitch. The
only other feature out of Iho ordinary was
the adoption of the Rccd rules for the pres
ent congress. The democrats know It wan
futile to more than protest against lllo
adoption of these rules after the republicans
had decided upon tills course in caucus and
the debate upon the resolution to adopt
them was very brief. They were adopted
by a strict party vote.
ThroiiKH Conic Knrlr.
Early In the day the throngs began con
verging at the capltol. The day was bright
and propitious and the thoroughfares load
ing to the building presented a gay and ani
mated appearance. Within the building all
was bustle and excitement long before the
hour for calling the houses to order. The
outer doors wcro open to all , and through
these flowed continuous streams of human
ity , until the great corridors , galleries and
rotundas were fairly packed.
As early as 10:30 : o'clock the conspicuous
figures of congress began to nrrlvb , and
this oerved to give the waiting throngs a
temporary diversion. General Henderson
went direct to the speaker's private oQlcc ,
wbero he shared his time with the house
leaders and with those pleading for admis
sion cards.
Representative Rlchardaon of Tennessee ,
the democratic house leader , was also early
on tbo scene , conferring with his lieuten
ants. Shortly before 11 o'clock Mr. Roberts
of Utah , Iu silk hat and black frock suit ,
made his way through the crowd to tbo
members' private lobby. Hero ho chanced
to meet Mr. Richardson and the two held a
short conference ! as to whether Mr. Roberts
would seek to address the house. A bu7.i
of comment followed the gentleman from
Utah wherever ho went , but there was no
disrespectful demonstration.
I'rcHviit Mounter Petition.
Very early In the day a monster petition ,
eald to consist of 7,000,000 names , protesting
against the salting of Mr. Roberts , wnn
brought into the hall. It had been col
lected by a "New York newspaper. In con
sisted of twenty-eight rolls of names , each
about two feet in diameter , encased in th
American flag. These rolls were stacked up
In the arena In front of the clerk's desk and
were viewed with great curiosity.
Later Major McDowell , clerk of the house ,
ordered all except two of the rolls taken out
Into the lobby.
Mr. Richardson of Tennessee , who was se
lected as the leader of the minority Satur
day , came upon the floor early and wag ebon
surrounded by a group of democrats. Mr.
Roberts came Into the hall shortly after 11
o'clock , but ho was not generally recognized
and he retired to the cloak , room almost Im
mediately.
At 11:30 : a Bhrlll-volccd clerk directed thono
not entitled to the floor to retire , and offi
cers and pages rapidly cleared out those
already In.
Conspicuous on the floor were the old vet
erans , Payne of Now York , the leader of the
majority ; General Grcayenor of Ohio , Mr.
Hepburn of Iowa , Mr. Dalzoll of Pennsyl
vania , Mr. Bailey of Texas , Mr , McClellan
and Mr. Sulrer of New York.
IlMrllnn Confer * with Holier ! * .
Senator Rawllns of Utah came over from
the senate wing and hold on earnest confer
ence with Mr. Roberts. Mr. Lenta of Ohio
took part In tbo conference. After It wan
over the report wa circulated that Mr. Rob
erts would not present himself to be sworn
In. But this was Immediately denied. Mr.
Roberts himself said ho had not decided
what ho would do , but that ho might deslro
to bo heard when his case came up , He
took a seat to tbo right of the main nlslo
and soon became the cynosure of all oyca ,
HU daughter oat In the members' gallery.
Mr. Tayler of Ohio , who represents Presi
dent McKlnley's district , who was to con
duct the case against Mr , Roberto , was con
ferring with his colIeagucH on the repub
lican Hide.
As the minute band on the clock opposlti
tbo speaker's rostrum overtook the hour
hand at noon the gavel of the clerk of tin
IBB ! bouie , Major McDowell , descetidud witb