f The Omaha Daily Bee. Y ESTABLISHED JUXE 10. 1871. OMAHA, rBIDAY MOB2TISG. TTpsE 8, lUOO-TWELVE PAGES. SINGLE COPY FIVE CENTS. WAR HAS JUST BEGUN President Kragsr Still Determined to Mike N Surrender to tks British. OOM PAUL IS NOW STAYING AT MACEDORP Eotoftha Botr QorenimjQt is New in a Riilrotd Oar. GUERRILLA WARFARE WILL CONTINUE Eecretarj Beits 8ajg Bnrghen Will Hold Ont for a Lane Timi Yet. LYDENBURG WILL BE THE LAST STAND Krngrr Denies Intention of TnUlnir nefuar nil Dutch Mnn-nf-W nr nnd Hint lie Una M tr lli.ooo,. IMMI of Treniurc. LONDON", June 8.-3 a. m. The executive officer of tho Trantvnal government aro In a railway car, shunted on a switch at atacedorp station. President Kruger caused tho Interior of the coach to be reconstructed Kome time ago with u view to contingencies that have ncv arrives. A correspondent of the Dally Express, who went from Loutonzo Marquez to sea President Kruger, wag received yesterday. The president sat smoking a long pipe. Ho looked worried, but blf bearing wan quiet nnd detxrmltied. He did not make the least objection to being Interviewed. Tho correspondent wao equipped for the Interview' by cables from Iondon. "Yes." nald President Kruger. "It l qulto true that the Hrltlsh have occupied Pretoria. This, however, does not end the j war. The burghers are fully determined to fight to the last. They will never sur render so long an .'oo armed men remain In the country. 1 foci deeply encouraged by the fine work Steyn and DeWet are doing In the Krce Stale." Tho correspondent suggested that the war was over. Inasmuch as the capital had been taUn. "The capital," explained Mr. Kruger. with energy. "What is a capital? It does not consist of any particular collection of bricks and mortar. The capital of the republic, the t-eat of government; is here In this car. There Is no magic about any special site. Our country Is Invuded, it Is true, but itls not conquered. The government U still ef fective.'" ncforring to the reasons why he left Pre toria Mr. Kruger said. "I was not foolish enough to bo taken prisoner. 1 provided this means of locomo tion precisely for tbo same reason Us our burghers supply themselves with horses when they take the Held. It Is necessary that I should be able to move quickly from place to place. That is all By and by this! car will take me tuck to Pretoria. For the present It enables mo lo keep away from Pretoria, whern J could be of no service, and iUre I should only piny Into the bands of tho enemy." . Kroner Una .Not the Cold, "They say. Mr. Kruger." remarked the correspondent, "that you havo hrought with jou gold to the value of 2.000,000?" "It Is not true." replied the president. "Whatever monetary resources I may Ime with m are simply those which we re quire for state purposes. At the same time 1 am not going to tell you where our treasure is. Let Roberts And it If he ran." "They also sav in laindon. Mr. Kruger, j that jou contemplato taking refuge on a1 Dutch man-of-war at IyOiirenzo Marquez?" "That again Is lie," retorted the pres ident with vehemence. j "I know of no such Dutch vessl. I am not contemplating flight; I shall not leave my country. Thero will be no need of my doing anything of the kind." Tho correspondent "Then, sir, there Is much surprise at your having left Mrs. Kruger behind." Mr. Kruger "But why? Mrs. Kruger Is quite safe In Pretoria. She would only be put to personal inconvenience here. All communication between us Is stopped, of rourbe, but she will await my return with raininess and courage. She Is a brave woman. I am here awaiting further Infor mation. Wo are surrounded by faithful tmrghers and are quite S3fe." S?rctary of State Rclti remarked: "You may depend upon It that the war Is not yet over. Guerrilla warfare will ccn tlnue over an cnorraou area. We intend to fight to the b ter end and shaH probably retire on Lydenburg, where we can hold out for many months." AVnr lln Only Uricon, "Yes," observed Mr. Kruger. "It Is only now that the real ttruggle has begun. I fear that there will still be much bloodshed, but the fault is that of the Britleh govern ment." Then raising his voice to an aliucet passionate height. Mr. Kruger exclaimed: "Tht time haw rated for us to talk. We. havo done plenty of that, hut It has done m no good. The only thing left for us to do Is to keep on fighting, to keep on fight ing." The correspondent who secured the Inter view telegraphed it direct from Macedorp station, when the wires were working as usual, to Lourenzo Marquet. The Dally Exprtws, In commenting upon tho Interview, refers to the "unabated de fiance of tbe chief of the Transvaalers." Nine hundred British prisoners arrived Tuesday at Nooltgedacht. They were penned In a barbed wlro enclosure of four acres on the open veldt. According to a dispatch from Lourenzo .Marquez, dated yesterday. Lord Roberts Is reported to have Intercepted two trains ful leaving the vicinity of Pretoria. Tele grams from tbe British side are exceedingly scanty. Tvo brief ones received from Pre toria say Mrs. Kruger Is still occupying the presidency and that a number of en Bines and cars have been sejured. The British under Major DeUsIe captured a machine gun and caused the Boers hfmj loss, the British casualties being slight. Tho British officials removed J300.0CO from the National bank, but did not touch the other banks. Somn of tbe Boers are sur rendering voluntarily and the townspeople of Pretoria are described as showing con siderable enthusiasm over the Brit sh ar rival. Mr Prevost Battersby, In a dispatch to the Morning Post from Pretoria, daut June E, says; "The Boers pledged themselves to twenty nrltlsh officers not to take tbe British offi cers away If these officers would control them and prevent an outbreak. Neverthe less they began their removal. After 900 bad been taken British shells struck a train that was loading and the Boers desisted and reilreil The Driiier. ai,. n.M.. ......... H WII,V,a H . k IC fused to leave their quartern and made the Boer commandant a prisoner, releasing hi u nt midnight on condition that he would (Continued on Second Page,) GUT READY IN FORTY HOURS llnttlclilia Itidlnnn nnd Massa chusetts Flictirr In n ItrninrU nlile experiment. WASHINGTON June 7 -The experiment with the batrhit'g Indiana and Masachu setts bnvu hQjhtajark'd erjecese. A tele gram rectfilaiVCTIjNavy department today from .VafefyMfcsCasey. com mandant of the Le3lifyJjavy yard, announced that thu two l3f1(. com pletely equipped and reailyflHB4je said the Indiana would pull ouljHSa and the 'Massachusetts about two nRirT later for Newport, via Hampton Roads. The delay in the care of the latter ship was not because of any lack of preparedness on her part, but filmply because the tide would nit ' serve until afternoon. Thus It appears that these two formidable vessels have been i made ready for any required service In the railroad at Pekln. short space of about forty houm. wltlout ' A severe fight. It Is added, has occurred tbo slightest notice to the commandant of ' with the Boxers, whose ranks Include many the League Island Navy yard or the com- soldiers from other generals' commands, menders of the two battlesblr. The re- When the battle ended 200 dead were left eult is regarded as a satisfactory vlndlca- , on the field. tlon of the policy of keeplne ships "in or- ' The dispatch goes on to say: "One hun dlnary." recently adopted by the Navy de- ed and eighty British marines, with a ma ps! tment. The record made at League chine gun, are about to force a passage from Island Ik about as good as any made abroad. Tien Tsln to Pekin. Altogether about POO with superior facilities In the latter :ase. British have been landed from the fleet, a This little experiment will be noted with greater number than have landed from the interest by other naval powers. ' combined vessels of the other power. This After th mobilization at Hampton Reads evidence of Great Britain's Intention to as Is completed the squadron, constating of tho J ert her position strongly gives great eatis- NVw York. Kearearge, Indiana, Massachu setts and Texas, will engage In squadron maneuvers and other exercises for the next six weeks. It is stnted at the League Is mnci .avy yam tnai me inuiana aim .u- , qu(JSUon or an emergency being left to their and S R. Fitzgerald ot Twllurldo. for dls sachusetts would again be placed In "or- i discretion. No fear Is entertained for the trlct delegates to tbe national convention dlnary" at the yards when the exercises aro f . f th i-eatlons at .,ekln Kuronean and voted to recommend A. T. Gunnell of El BOER ENVOYS IN ST. PAUL Keeeptlon Committee lit Depot Wrl fomr (lie Vlxltnr tn flic ,nrtli w ! PT. PAUL. Minn., June 7. Dr. Abram Fischer and II. H. WeFsels. to of the three Boer envoys no In this country, arrived j In this city a few minute before noon today. ... t I . xwmr a.I fin, pififiKint A ' special reception committee welcomed the "'V H ..i. .v -i i" visitors to the northwest. There was a , dcalloS the Bomb and the powers are large crod at the depot and the Minnesota , "ore and more taking matters into their state band played a number of patriotic f ,hand,1' ,Thet Bo"r "vltv 18 P?Z American airs. Tho visitors were taken at nd ls r-'Pdl3r changing its character. The once to tho Ryan hotel, where lunch was , Boxers are getting arms, preparing to meet served. Governor Llnd called on them there ' force with force. soon after their arrival. A public reception I " Th-" na9 hc comraunlcatlon be as held from I 30 to 3 o'clock this after- tw-wn Pekln and Tien Tsln since Tuesday. noon j although a miserable abortive attempt has In response to a question, Mr. Wessels been made by rhlnese soldiers to resich the said that the partv had fixed upon June capital. The troops were fired upon and "0 as the time for leaving the United States, . the train had to come back. Another sta but events might prolong their stay. j "on had been burned on the line." Mr. Fischer, when asked If ho believed his A news agency dispatch from Tien Tsln, countrymen would eventually win. replied: ! dated yesterday, ays: "The Boxers are "I have no doubt of it. The English can . "till raiding and pillaging over a wide area. never conquer us as long as a man or an . ... .11 I V,a jinnnfpr " OA rcUiailll- tflivr 1,1 'uc vu'iw j. "Then you don't think tho capture of Pretoria will have much effect toward ter minating the -war?" "Not a particle." At the meetlnc in the Auditorium tonight tfjc mayor presided and there were several addresse. The party will leave here for Omaha to morrow morning, MINERS ADVISED H0Va WAIT Word of Wurnliin from Sir Alfred Mllnrr to Thnne Who Would Iteturn to Trnnsvnnl, LONDON. June 7. The following dis patch has been rei-elved at the Colonial office from tho British high commissioner In South Africa, Sir Alfred Mllnw: "CAPETOWN. June 2. It is reported by telegram that large numbers of miner and others are about to start for tho Transvaal from Southampton on Saturday. Cannot a public notification be issued warning the people against premature return here? They will be delayed at Capo points and will only Increase the numbers supported by, charity It must be a couple of months at least before the bulk of thoso now In tbe Colony and In Natal can bo allowed to re turn or work generally can be returned." FIGHT WITH INSURGENTS CnptHln Crenshnw nnd Sennllnn I'nrty lcd Into AmltiiMh hy liillile. MANILA. June 7. Captain Frank F. Cren shaw, with forty men of the Twenty-eighth imantry. wnue scouting near iaai was iea ; Into an ambush by a guide. Captain Cren- i shaw was badly wounded In the head and , one private was wounded. Tho ambushers were scattered, leaving ten dead and threo wounded on the field. east oi mancnanato, uuiacan province nan a slight brush with the enemy. Flint and two prlvateH were wounded. FURTHER DELAY FOR NEELY Coiiuitlniloiier Shield AKnin pones Kmmlnntlnii of Al li'Kfd Hmbriilrr, Pot- NEW VOKK, June 7. Tbe examination of C. F. W. Ncely, which has been postponed from day to day and was to have taken place today before I'nlted States Commis sioner Shields, waa again postponed late this afternoon to June IS. Ab the bill re- latlng to Cuban extradition was signed yes- teroay oy i-resiuent MCKiniey. there will. It Is believed., be no further hearings in rela- tlon to tho manor m the local courts. Wheel Works nt Undue Hum. HACINE, Wis.. June 7 The plant of the Wisconsin wheel works was destroyed hy fire tonight. The loss on stock and build ings nnd machinery ls about J0.(, on which there is a blanket insurance of M).KW. i Mot einents of (leenil Vessel Jnnr 7, j At Plymouth Arrived Furst Bismarck, rrom ,ew iorK, tor wnerDourK- and Ham burg. At Houlfigne Arrived Amsterdam, from New York, for Rotterdam. At Maderin Pased Itomana, from Rot terdam, via Liverpool, for San Francisco. At Shlmosekt Arrived Nulos, from Seat tle, for Vludlvostock. At llont: Kong Arrived Goodwin, from lacoma. At Bremen Arrlvcd- mainland. from New rorr, ijiiecnsiown sailed Kiiyniand, from Tem"1C" ,rm ,i ev. orK saiimi i.a tiretugne. for i Havre, Kalsur Frtederlch, for Hamburg, i via Plymouth and Cherbourg; Uovlc. for' Liverpool eriwji uuruaro tor liremcn. Via thampton. Arrlved-Palatla, from Ham - sou burs At Liverpool Arrived Waesland, from Montreal: New England, from Boston. Ar- rl veil Germanic, Quwenstown. from New York, via At Glasgow Arrived State of Nebraska, from Nw York. At Cherbourg Arrived Furst Bismarck, from New York, for Hamburg. At Rotterdam Arrived AmterHnm frnm ! Ntw Yrk- vis Bologne. Salled-ltotter- oam. va uouiogne At Liverpool Sailed Cambrian, from Montreal. New Kr.-.iand, from Huston. :t0'from from At I.uard Passed I -t Tountlnc ,nw ork. for Havre. At Bremer-Haveii -Arrived Sante. from New York, via Cherbourg and Southamp- ton. ANOTHER FIGHT WITH BOXERS Seme Two Hundred Dead Baditi Left on the Field of Battle. CHINESE SOLDIERS MASSED AT PEKIN British Marines Hnve neen Landed nnd tilth n Field (inn Will At tempt to Force a I'maaer from r Tien Tain to I'cUin. LONDON, June 7. A special dUpatch from Shanghai, dated 7:30 p. m. today, says the dowager empress has ordered General Nelh s' Chong, with 3.000 men. to protect the faction here." Left to Nnvnl Commnndcra. Naval commanders In Chinete waters have received Inatmetlftna n tn nrntortitrA tho , resident, however, are escaping from tho capital to the coast. Pekln Is still under controt, according to a dispatch to the Morning Post dated yewterday, but in a very excited state. A thousand foreign guards were garrlwonlng the legation houses. Six hundred international troopH are at Tien Tsln. with six guns. A dispatch to the Dally Mall from Shanghai, dated June 7, takes a gloomy view of things, which are pictured as going from bad to worse. The correspondent says- "Tho authorities uave nra aua Durnen me siauons at Long Kong and Langoo. It has been definitely ascertained that Mme. Astir and Messrs. Ownt and Cades have been mur dered. General Nleh claims to have defeated the Boxers, killing 500." ".MeKlnlry's Opportunity." Th morning papers in long editorials dealing with the Chines situation refer to tho poselble courso of tbe United States. The Dally Mail which goes . l3tino jsny other In urging Amestfca tiiltjlif? "Irlin intervention under ths caption, "McKlnley's Opportunity," says: The United States have secured definite pledges a. to the maintenance of the open doors and their Intervention would not produce friction, danger of which is to bi anticipated should either England or Rus sia art alone, we nave no desire to pre- cipltAte a world-wide coutllct. yet our i movements are regarded with so much sus picion by many Russians that sertoux I complications might ensue should we land a large force. The same applies to Russia, face tn face with ourselves, but the United States' have the tradition with Russia ' and a community of Interests with Eng land. Thlr action would, therefore, sccurn the hostility of nelthr power. It need scarcely be said that they would have the moral support of the British people nnd our material lupport klso If only the policy of our government In tho fur east were stronger than It Is. They would certainly liii a world , "f all be assisted oy Japan, in tnis way conflict dlst'troUH to the Interests great states could be avoided and at the same time the pledges which the skillful negotiations of Sir Hay have extracted from the various powers would be vindi cated. The opportunity for America has come. Will she be equal to It or will she let It slip from her hands and lose her vast potentialities of trade In northern China? England's financial Interests In China, In terests that can be named In tbe Stock ex change, aggregate 10,000,000. Tbeee on an average have declined 4 per cent. There are so many trading companies and syndicates holding conccsslona which are capitalized for vast unknow.n BUmg. The English money in china is probably close to 500.000.000. The repm that 'slr claude McDonal(1 ls t00 in t0 attcnd tu bu dutles ls reported to b un. founded. He has been in constant com- munlrntlon with the eovernment. GERMANY IS READY TO ACT Wllllutr lo Join Concert nf I'lurrrs In the Chinese Situation. Other BERLIN, June ".The officer eommandins the German squadron at Che Foo has been directed by cable to send a detachment ot sailors and marines to Tien Tsln, and, after conferring with the German minister at Pekln, to arrange with tbe commanders ot the other squadrons regarding further meas ures to be taken for the protection of Eu roneaus. It is understood that Herman has officially declared Its readiness to act ; ja concert with the other powers, but having , no Interests outside of Shan Tung she ls ! not dlsrosed to take the leading part in Intervention in China. The German newspapers claim to baTe dls covered that the alleged secret agreement arrived at between Russia and Japan to act together against Great Britain in tbe far east U purely fictitious. The National Ze tung avers that Great Britain stands hand In glove with Japan. BERLIN. June 7. The foreign office re gards tho situation In China as no worse than It waa last evening. There Is nothing Indicating an unfavorable change has oc curred. Papers this evening, however, take a different view of the matter. The Vosa Iscbe Zeltung says: "Evidences are lacking, of harmony among I th n, ln.,!r!",d. 'n ChlDa and the probability Is that If the Boxer movement ! u allowed to spread and the dangers grow- I J? tW "-"" "v "" u' '" w-.tnt of harmony." The National Zeltung, which expresses Its view i ilmllar terms .v (hit Ii ''mu'r "rm, says that It hopes . that until the present troubles are over Rua- sla, Great Britain and Japan will bury their , differences. Gift to loTva State 1'nlvrralty. IOWA CITY. la., June 7.-E. Whitney Carr of Jordan. N. Y.. today gave the Iowa State university tofl.OOO for the estab. Ilshment of free scholarships for roor yourc people. Fox. Lee. i v.V,ErHI.LHIOPN..8- ' Virion I.. r ox of aloux Falls wa married here to.lay j, wa"iiiii oiuy uauenier ot I editor of the South DakoTa Reform iress bureau. HOT CONTEST IN COLORADO lonteatlim Delecntlon from Arsps hoc County C'nnse Delay In Demo cratic Convention. DENVER. June ".The state democratic convention, which met here today, easily surpassed in attendance and enthusiasm any I similar gathering of that rrty ever held In I Colorado. More than LOW delegates, In- ' eluding two Arapahoe county delegations of ; 1S1 members each, were assembled In the j Tabor Grand opera house at 10-30 o'clock. ' the hour at which the convention was to meet. At a meeting of the state committee th! forenoon It was decided that neither of the Arapahoe delegations should haw a voice in electing the temporary organisation of the convention, but that both delegations should have representatives on the commit tee on credentials. : It was nearly noon when State Chairman Milton Smith called the convention to order and introduced Colonel B, F. Montgomery of Cripple Creek as temporary chairman. Chairman Montgomery addressed the con vention briefly, prdicilng the auccese of the party, not only in Colorado, but in the na tion. His mention of W. J. Bryan, as al ready the presidential nominee of the party, was greeted with prolonged cheers. At I o'clock the announcement was made that the credentials committee had not yet reached an agreement and that the conven tion would stand adjourned until 10 o'clock tomorrow morning. During the afternoon the delegates of tho (Second congressional district met and sc- lected .lamp M. D. tteillvi-fif Teller rnnntt- Paso county and Charles Hrnkel of Pueblo county to tbe state convention as delegates-at-large. WEST VIRGINIA DEMOCRACY Convention An men TleUet AVhleh Mnj Have Some Ilenrlnit on .Vntlonnl Politic. PARKERSBt'RG. W. Ya.. June 7. The democratic state convention today completed lta ticket and adjourned. Following are the nominations- Governor John H. Holt. Auditor Jame H. Miller. Treasurer James Garland Hearst. Attorney General George M. McCoy. Supreme Judges John W. English and W. G. Bennett. The convention had a bearing on national politics, as the new legislature next winter will elect tho successor of United States Senator Stephen B. Elklns. Tho consensus of opinion is that the work of the state con vention has been favorable to the candidacy of John T. McGraw of. Grafton for the demo cratic nomination tor senator. GOLD DEMOCRATS ON DECK Call for Conference tn Arriugr for rmtlnc n Ticket In the Field. rNDIANAPOLIS. June 7 A meeting of the national executive con liter of the gold standard democratic pari tftJibeen callad for this cltyJuly 15 at , J- tft in traders ttrcrt ,JJlt'tb -thief bv-. p.' the 'ititn-. mitten will be to organite for the coming campaign and to nee that an Independent ticket ls placed In the field. The committee will bo composed of George F. Peabody, New York. John C Bullett, Pennsylvania; Gor don Woodbury. New Hampshire; J. J. Val entine, California; Joseph Bryan, Virginia; L. M. Martin, W. R. Shelby. Michigan; Thomas F. Corrigan, Georgia. W. B. Halde mane, Kentucky; J. P. Frenicl. Indiana. TAYLOR NOT A CANDIDATE Asks nepiihlleniia to Relieve 111m from Kindlons Which .Nomina tion Wonld Impone. LOUISVILLE. Ky.. June 7 The Evening Post nrints a Mutemem tndav nnrter the, POht prints a a atement today under h signature of William S. Taylor, In whlih Mr. Taylor announces that he will not bo a candidate for the republican nomination for governor of Kentucky. Governor Tay- lor states that after mature consideration of all Interesta Involved In the contest to considers It hi a duty both to himself and his family to ask of the republicans ot Kentucky relief from the exactions which the nomination would impose, iltinric Ueniocrntlc Convention. WATERBURV, Conn.. June 7. The demo cratic state convention assembled here to day to elect the twelve delegates who will represent Connecticut democracy In the na tional convention at Kansas City. The state committee was engaged until a late hour last night considering the New London contest, which waa exceedingly acrimonious. The decision was a com promise, tbe delegation headed by Mayor Beckwlth being obliged to share the rep resentation with that led by B. F. Mahan. In the New Haven district caucus ex-Congressman James D. Pigott defeated National Committeeman Alexander Troupe for dele gate to the national convention. The convention unanimously adopted a platform, naming William J. Bryan as iu candidate for president. Instructing the del egates for Bryan and pledging support to the platform of the Kansas City convention. Rnlil Democrats to Oracnnlze. INDIANAPOLIS, June 7. A meeting of tbe national executive committee of the gold standard democratic party has been cauea lor mia city juiy 10 at p. m. it is understood that the ehief business ox me . . . committee will be to organize for ih cnm. ing campaign and to see that an Indepsnd nt ticket is placed lu the field. Tho commit- "Ill be composed of George F. Peabody. New York; John C. Bullett. Pennjylvanla; Gordon Woodbury. New Hampshire; J. J. Valentine, California; Joseph Bryan, Vir ginia; U M. Martin. W. R. Shelby, Michi gan; Thomas F. Corrigan, Georgia; W, B. Haldemann, Kentucky; J. P. Frenzel, In diana. Sraalnn of Xit'lllllsts. NEW YORK, June 7. The consideration of the report of the committee on ccnsil.u- tlon occuplol tbe morning session of the socialist labor party convention today. Tbe national executive committee probably will ' n" oe appoimeo unm auer me convention j Captain hHe7,,nted. CRAWFORD, Neb., June 7. (Special Telegram.) Captain Allan G. Fisher nf Cbadron was nominated for re-election by the republicans for representative fiunl this district- The nomination was unani mous. ConKrrmlonul .Nomination. WESTON. W. Va June 7. Hon. B. B. Dovener was renominated for congress by tbe republican convention ot the First district. .Veelj'n I'acUnue la Attached, HtateVMarVh l Muncle. where he went to attach tho INDIANAPOLIS. June 7. Deputy United mysterious pacKage that reached there on j The pacTa'ge".1 mH$ fro'm SanJo e. (.osta lcli( Mtty l8i GIVES HOME RULE NEW LIFE Supreme Court Upholds Iu Deciiien in the Police Ccmmiuien Cue. .. nvw UIICT M1VC . ALBIli (HANK fnUbl MAKE A REPORT Dcctalon of the Dlatrlet Court of Ilnuelna Count)- Ik Overruled Flank llllitinril Loses Ilia Jolt with the Stale. LINCOLN. June 7. (Special. I Before ad Journmcnt at noon today the supreme court j handed down decisions In three very Im portant caws. One of these holds against the dummy Fire and Police Commission ap pointed by Governor Poynter. another up holds tho act passed by the last leglslaturo fixing salaries of clerks of the district court and thq third renders Inoperative the law creating the pure food commission. The decision In the Fire and Police Com mission case was based on the adjudication of the case of the State against Moor. ae aiaic .u.. The opinion was written by Judge Sul Ivan Judge Norva concurr ng. Judge Ho comb took no Part in the decision of ihl caao During the morning ses-Ion of court the IUUUUII Ol U1U UUUtUfJ Sin,H hearing of the Bartley bondsmen case was argued and submitted. Judge Holcomh withdrew from the consideration cf this case and In doing o created a lilt e com- ment. a., practically the same objection, to his qualifications were urged In tho Hre and Police Common case as In the bonds- mTheCop,nlon of Judge SulIlvan In the Fire and Police Commission case says: This action was evidently, Instituted to secure a decision overruling the case of the State against Moorcs. The Moores case lays down tne uoemn- tnai wnaiever i..e court may conceive to be the spirit of the constitution is to De regaroen j;ar. i the paramount law While the decision, by recognizing and enforcing the en-ntUl right of local self-government. Is conceded to rest upon sound political principle. It was rendered by a divided Dencn ann. as ii 1ui1rlnl nrnnonnremellt. has been much ac asVVutfn stltutlon of the state Is to be fully Known only uy studying me ineones oi me juurp.i who are chosen to expound 1'.; tt will ex pand or contract with every fluctuation ot the popular will which produce a change In the personnel of the court and the limi tations upon legislative power will be as unknown and unknowable n were the rules of equity In the days when the chancellor's conscience was the law of the land. It Is the opinion of the writer that the decision ls thnrougnlv vicious, that it strikes a lethal blow at a co-ordinate branch of the government and ought to be repudiated and condemned. But since the members of the court who participate In this decision are not in accord upon the question of constitutional law here Involved further discussion of that question ls unnecessary and would be unprofitable. There Is an other point in the case upon which we are agreed and which is decisive of the controversy. The Judgment must be in favor of the respondents whether the ordi nance under which they claim is valid or not. Recltnl of !,ocn! History. Hrlelly stated the fuels of the case of the State against Moores .were the-e: Acting under the provisions of i-etloiis ; and 167 of chopter xll. complied statutes of 1B!(7 which conferred, or uumed to confer upon him authority to appoint tiro and police commissioner!) for citle of the metropolitan ctassuovcnior Moicomn ap- i-euoofjy. Tilre'Snd rToltce rommlshloners. "for the city of Omaha. The persons so appointed duly qualified and entered at once upon the discharge ot their official duties. After ward there was tiled In this court by the state, on the relation of tho attorney gen eral, an application for a writ of quo war ranto against tne governors appointee other person", namely, Peter Hlrk hauser anil Charles J. Karbach. to act as members of such board. Th persons o ! appointed by the city authorities inter-; veneH in tho action and asserted their claims They contended that the onllnancM I -v.l..l. hAi r.a1 he.n I'ninml.alfinpfl ! was valid and that the statute undPr which j,oab0()y, oregory. Hullard and Herdman ! hail been appointed was void The cause ! was regularly submitted for decision and I ppo rlv I . i- .. . n..al.l-T.tlnrt .lalHr.,1 . that the ordinance was valid and that ' section? ISfi and 167 of the city charter, so far as they assumed, to confer upon the ' " '"'' , Th authority to appoint tire and ! J.,.0pe and purpose of the constitution and. ihnfnrn invjil.l Bv the- ludimont rend ered the appointees of h g'"or declared to bo intruders and were ousted from the omces wnicn tney neio. ann uiu appointees ot the mayor and council were Ue nnwUl efore was commenced durlrlg the present term or court, u aiso it an information in. the nature of a quo, war. Poynter. ut-tluK on the nssumption trui sections and 167 aforesaid, are not In appointed Jam )i: uroatcn. iiurrv t" Miller and John J. O'Connor as members of the noard of Fire and Police Commissioners for the city of Omaha. Those persons have Intervened In the action and Hied a pleading In wlilcli they assert their claims to the offices held by the respondents So It appears that we are again called upon to adjudicate between the nppolntees of the governor und the appointees of the mayor and coun. ctl the Identical matters which were adju dlcated in tho first case. Doctrine of Hen Judicata. One of the defenses Interposed by the re ....j.mtg ta HiHt the iudement in the Mnnres case. W hether rleht or wrong, is wnctner riisni or wrung, binding and concluiive upon the parties to this litigation. Counsel for the Intervcnors. on the other hand, contend tnat wnue tne j.tA rtf r-Lia imiirata nnnllea. lo nrill- quiiin,- ' ' - ,; .1 appllcatlor T'to h so": !. BU1 "Jl" Ai..n utoin The mieuilnn thus raised ls nn Important one and we have given It careful consideration, reacning tne conclu sion nfte- much retlection and a thorough rvesUgatlon of " the 'luthoVltl that when' a state Invokes the Judgment of a court for any purpo-e it lays us sovereismy aslde and consents to be bound by the de rision, whether such decision be favorable or adverse. While tho state as a political communltv is not obliged to submit to the Jurisdiction of Its own courts It ought. In reason and Justice, to be bound whenever It voluntarily appears In court and without reservation submits a matter In controversy for adjudication. After quoting from a number of authori ties in which similar questions were in- volved tbe opinion closes with the follow log: One other matter calls for a passing notice. Tho original brief of counsel for respondents conveyed quite plainly his ap prehension that political considerations might be a fartor In the decision of the case. No Judge conscious of his own In tegrity will listen to such suggestion. No self-respecting court will tolerate an argu ment which proceeds on the assumption that the goad and the spur ar necessary to compel tt to discharge honestly Its con- - It II Inn-, I ilHtU IriHIU It II n.MM !. HAIIn. I st I that the supreme and Inexorable duty and ouugaiion oi a court to iruiy interpret the will of tha lawgiver has no possible relation to the questions ot party expedi ents. It Is surelv not necessarv to In. r struct us as to that. Court I'cela Conlldent. We believe thoroughly In the rectitude of our own Intentions; we feet sure of the Inflexibility of our purpose to administer Justice uninfluenced by considerations of party advantage, and we will not permit counsel to deal with us on the theory that we may perhaps bo contemplating a be- (Continued on Seventh Page.) hn nurnnei. r Inn u r I nn riflna In ctlitetllll u.u! tot nn nnn the viliditv of ee- a nonnoounu uuiua hup -i juu uucm.u,,. seir in nw ronner iH-cliiratlons. To set the uV.nrWtltuTSnlw wh.ch'they iSd a photographer. 20 years old. was .hot and prudent by ""Mclpailnj Ir , this rase been commissioned. While this Hetlon was seriously wounded tonight at Fifteenth an.d o' nlon wo.fld lower the -tan. rd of the M'Sr- no7rbVrdo?fl Chamb"S 8treetS' ThC Clt' h8Pltal Pby'!- ! W 'm Impartial and equa Snd cmnU-n.TonerE "nTappoinVeTl Can. say that Goetl.ng probably will d o Justice nb1ee,C,?ne0prbcetatosno7rh3e,, nt the Httornev general, demands of tnoi ""-" um -e- . w...ut .. i 'n,i una ino side who Sri members of the Is not a business house, hotel or store etand- laugh ng stock of every lawyer In the land. Hoard I of Fire and Police Commissioners ,nR m Virginia. The residence portion of 0lf S ihnii"at"emaT of Omaha, holding under the authority (own WM , bur;ed. The .KHfelrheeUr." iflor th. euii.e wai nendinc (lovernnr school house Is untouched, as also are most , would have them be." CONDITION OF THE WEATHER Forecast for Nebraska: Fair. Cooler: Northwest Winds. Tcmperntnre nt Onmliii Yesterday. Hour. Drurrc, Hour. Denree. . n, in 71! I ti. hi S7 II n. in 7- p. m...... sr. 7 n. m 7 1 ;; p. m ...... .v:t S n. m ..... . 7t p. in 7 ! n. tn TO . p. in ,ert 10 n. in :t il p. in sil 1 1 I" Si 7 p. in I'- in 7 S p. in Ml P- n 77 NIGHT CARS RUN IN ST. LOUIS erlcc Hesiitueil After HcIiir u. penilrd for More Thnn n Month. ST. LOUIS. (.Mo., June ".Cars were run on one line ot the St. Lauls Transit system tonight for the first timo since the strike was declared, almost a month ago. in many quarters it was feared that trouble would occur as soon as darkners appeared. At 10 o'clock tonight the police had re- celved no Intelligence of the gathering tf ...,, ,u ,,. ,,, ,,., ,.,,.. of cnarJcler ha1 "bcen reported. Tho ( ,lno km)wn fis . a'nd ,.. ,!,.. tfllHIMf nror.,1 t..,,. ,n.l j WaRhlnrlnn .'' ,hp , ' ,h .,. . . . ai.llince of ?J 5 a thorough- , d offlccxa and cotnDanles of the SETvU A part iSJi tSr j r he cy l7 te nS apprehended I trouble wll occur -PPrehonde.1 that trouble will occur. Aside from the running of night cars on , ,ne UnaeU une tne ,i8t twenty-tour uours hava hrrmc-lit nut nrartleallv nn new de- " 17, " .. velopments in the strike situation. Another fruitless conference looking to a settlement of the strike was held this afternoon between Judge 11. S. Priest, who ' t nnu. fnnitnef Inr. (he ntrlke neantLitlons 0 Transit company and ex-Governor ; William J. sione counsel lur idb airmurs Sheriff Pohlman's posie comttatus haJ grown to 1,277 men this afternoon. Tha j decide a pending cause In a particular way, number ls deemed sufficient by the sherilt le guilty of constructive contempt. to operate a number of lines after dark. "pinion of .indue Milllrnn. The work of swearing In deputies is being Opinion by Judge Sullivan continued daily. "Thin proceeding for contempt. Institute.! Twenty-five atlcks of dynamite were un- j by the attorney general at the request of earthod by the police and detective depart- this court, is baned upon certain newspaper menu today. Five sticks were found burici article relating to the case of State against under the Easton avenuo car tracks at . Kennedy, which was at the time of the pub Easton and Vanderventer avenuts and llcattons pending before us for decision. The twenty additional sticks were found In an 'defendant 1b a corporation engaged In tbe abandoned shed at Broadway and Gnsionado publication of a newspaper which has a gen. street. In the immediate neighborhood of . eral circulation throughout the state. The the power houae of tbe Southern Electric, j editor ls Edward noncwater, who has also The dynamite found on tho baslon ave- nue tracks had been made Into a bamb and placed Immediately under the rail. Had a car passed over It at the time th conveyance probably would have been blown to atoms. .Seven Policemen Mint, Three police officers were shot In va rious parts of the city tonight as the re sult of riots. Michael Gibbous was hit In the ankle and knee. B. I nt.rt In (he Ube-rt,an,.yale.,l tho.ck- Tho .v prrt-.n "pinion Z .etimr Jthe "ucstlon the Kennedy caee. wiuuuus - " guards on Union lino cars and Coate. was on a patrol wagon, guarding property or the Transit company. While standing on the rear platform ' TQUM DESTROYED BY FIRE IU"" UWinui-u ui iniu virulnln n the -Mcanhn Iron ItnnKe Vlltinenntn urTem a ll(MI,(M0 Loss. Dt'LUTH, June -The entire business and most of the residence section of the town Virginia, on the Mesaba Iron range me .upfcd u.i iron ranKp . ; wag wlDed out r existence today about the , noon hour and it only took sixty minutes to do It. In that time fully 12.1 buildings were 1 reduced to ashes. The main business see- tlon of the city is about five blocks from the .. ,,, ..,, ,... "' " " .u. intervening territory the flames spread 1 buildings by a fierce southwest wind. The lermory over wnicn ine nre iravciea cov ; ered aD0Ut tweIve blocks. about nlDe of or the churches. t Tne )oss i estimated at 1500,000, with not than 25-000 insurance. So far as known no lives were lost. WHITESIDE MAY BE PROMOTED Commandant nf Department nf San tiago I'raUed Highly hy (ienernl Wood. SANTIAGO DE Cl'BA. June 7. Colonel I Samuel M. Whltside of tbe Tenth cavalry. commanding the Department of Santiago and Puerto Principe, has been recommended k- r-nu-r.- r:....,i uv.i , i-- , . . !. I the rank of brigadier general In recognition of his admirable cnuu t of tne snalrs of thu I turbulent district and tn recognition ot the . . . . . , . . ... l tu lunjunauko w. ub ,77TT, ; .. I'olltK III IVIIIlnsr III MlllllnKO, SANTIAGO DE CUBA. June 7.-J. T. bave judu.al knowledge, and the defendant flryce of bavannan. t.a.. Killed a Jamaican mU3t-sureiy have known that tho case was named Constantino last n gbt in a fight , oourt and uadetermiiKd. for it appear growing out ot a remark by Bryce that If the tnat tho aUornej- for tbe respondents Americans Instead of the English had been , brought their brlt to Mr. Rosewater'a oince fighting tbe Boers tbe Transvaal war would anJ taat tne artlcle ne.aded .Worthy of Serl bave terminated long ago. It Is claimed 0U8 consideration' Immediately followed the oy oryto uneu ... - .c British consul and Colonel Whltside. tho, department commander are Investlgatln the case. MEETS A HORRIBLE DEATH Workman Fall Into a Pot of Molten Metnl nnd U Iteacued Too l.nte. KANSAS CITY. June 7. Thomas Kern, aged 35 years, an employe of tbo smelling worka at Argentine, fell into a large pot of molten metal and died a few hours later in i declare that any willful attempt to ob horrible agony. Kern fell Into tbe pot In a a'.ruct tho proceedings, or hinder the due sluing posture. His companion shouted with horror, while the man, gasping In agony, laid his hands on tbe other side of the red hot kettle and tried to raise himself out. Other workmen hurried to hie assistant and removed him from bis podtlon. Hull In Honor of Admiral Deviev. rou Mni's. n inn. ? ti,- n and ball at the Chittenden hotel tonlrht In nun ir oi wumiriii arm airs uewe was at- tended by the leading society people of Columbus and other Ohio 'Itles Admiral and Mrs Dewey will leave for Detroit to murrow morning. IMPOSE FINE OS BEE Supreme Court Paiui ea Oat ef the Con tempt Ctiei Befere It tlOlDS PUBLISHING COMPANY GUILT V Fixtt the Penalty for Printing Obioxioni Art'clej at Fire Hnndred Dalian. JUDGED TO BE IMPEDIMENT TO JUSTICE Lone Dissertation en Rijht of Litigat$ te Impartial Hearing. CASE OF EDWAFD R0SEWATER HELD UP Opinion of the Court U Handed Iloni hy .lustier Milllinn, Jnsticc llolcomh t iincurrlni; Oplnlnn In Pull. LINCOLN. June 7. (Special Telegram.)--I The supreme court thu mnmln. (mma T?,. . ' court this morning found TIm ! . 1 UBUnlnR company guilty of contempt ! !, 01 Wfc. S d'' , wad Resetter Th u .'i!,n,t E'' . "lon u Th"Hus of the court s P..i? pJJ foTZVruVJ ? 'T TT i fT1; ,Kvery lm0, en"tI", not nl to h Just decision of his cause, but to a de- cls0n rendered by a court which is at the timo entirely free from nhvslcal and moral , coercion. The nress and the nubile Mv. I t i nkt ..ei.. si ... . lu ,u,ly u'ss, criticise and oeu- bUre the decisions of the courts, but they I have no right, while a cause Is pending to j attempt by threats or other form of Intima- uon, io control judicial action. A news paper corporation which deliberately eek to influence Judicial action by the publica tion of articles threatenlnc the ludtes with i public odium and reprobation In case thev Deen cuei to snow cause why be should not be punished for contempt and who has at his own request been awarded a separate trial. Some of tbe articles were obviously dewlgned to prevent one member of tbo court from participating In the dceUlon. while others threatened two members cf the court with public odium and reprobation In cas they should give a Judgment In favor of the state. One article, which was entitled Worthy of Serious Consideration.' after de- I ...u.wc.uuil, rllrlnc (ha, l,l. tint,.,. t. v.-f . I t proceeds a follows: , ..HavIne pr(.JudBP(1 th JudR, Hpl. comb must certainly realize that It would he In conflict with the sDlrit. if not the I to use his judicial nosltion to sustain him- "Soon afterward the following article ap peared: 'Fusion ward heelers In Omaha are again giving advance tips to the effect that tbe fusion Judges of the supreme court will hand down a declon at their fitting two weeks from next Tuesday ousting the pres ent Board of Fire and Police Commission ers and seating the pretended board ap pointed by Governor Poynter. Has It not come to a pretty pass when supreme court decisions are retailed In, this manner In . , , - ... . . . ... ' ' "A little later there was published an artlclo entitled 'Politics In the Courts' (re- i Pr'nt,fl from the Grand Wand Journal), which ls at follows .... . , , . , rm,u, X?pi?riI,aLtI,.e ... . '"J the ruling of the court In the fire and po- tice commission case. If Judges Sullivan "no." oicomo "SScZVV&SS?! .mumer urucic. eoimra tne -Kinics or I Juetlce,' published May 8, 1900. Is too losg , for insertion in this opinion, but its charac ter is jsufflctently Indicated by tbe following excorpt: "A duo appreciation of the sacred duties of the Judicial office and tho inviolable right of every citizen to speedy and Impar tial justice should counteract all pressure of political partisans anxious to use the Judicial ermine to cloak their schemes for political power ana preierment. if it does not, then Nebraska s motto. 'Equality be tore tne jaw, Decomes a delusion an ind a snare. I "Defendant appeared In court by counsel , and defended the accusation against It upon the grounds first, that no dlsresneet to the r . . .. url. ur lu auy memocr ot me court waa intended; second, that the case of the State , against Kennedy was not nemilnr?- ihii-H that the publications were made with gold . . ... r " iuoiivcs ana were not calculated to ob- struct the duo administration of Justice , Th. tfenn.rtv meeting between the editor and the lawyer u alto appears from the evident- e 1U3 1 tbe article was written for express purpose of calling public the attention to the alleged impropriety of Judgo Holcomb participating In the decidon of tha court. Cnlls Defense Puerile. "The first and third defenses are puerile. They amount only to a denial that tho de fendant Intended to violato tho law. Under the conceited fact the courso pursued by It was indefensible, Its conduct Is not suspect- ' lblo of an Innocent construction The state administration of Justice In any suit, pro ceedings or process pending before any court shall constitute a criminal contempt and -be punishable as such. (Section 669, Civil Code.) This statute Is merely declara tory of the law cs It has existed for hundreds !of yeirs. It Is a legislative recognition of tbe authority of tbe courts to deal In a sum- I mary manner :th persons wbn no any wanton, uejiDeraie or intentional act calculate! to embarrass them in tbe dis charge of their Important duties In the history of American Jurisprudence thcra