The Omaha Daily Bee. at Tariff Eli! Hu Majritj .f ' I Thirt;-FiTe VoUt iiintu n.uijiniin ucmunni- . 'urn II un mpuDlicai Sids live Msmberi th Mttsari. SPEAKERS ENGAGE IN SPIRITED DEBATE Hspbura'a Strong Dfenn aid MoCall'i Eltquent Attack. MEHCER TAKES PART IN THE DISCU3S i-N HIcIiiikImiii, Minority Lender, F.nilcin ora mm I. n ml ltcanrl In Hint' the lllll Itccomiultt rd, lull In Defeated, WASIIINOTON. Dec. IS. Tho bill to pro Ttdo revenue temporarily for tho rhlllp plno Islands passed tho hotiso today by voto of 1C3 to 123. Five republicans Messrs, Terrell of Massachusetts, Llttloflold of Maine, Heatwole, Kddy and Stevens of Minnesota voted with tho democrats against tho bill and three democrats- Messrs. IlobcrtHou, Davcy and ltroussard of Louisiana votod with tho republicans for It. Mr. Meyer, a democrat of Louisiana, was paired In favor of tho bill with Mr. Foster, an Illinois democrat. Mr. Warner of Illinois, who voted ngalnst tho Porto Illcan bill last congress, voted for tho Phil ippine mcasuro today. Mr. Crumpacker of Indiana, who also voted against tho l'orto Illcan bill, whb absent. Tho domorrnts wcro several tlmo today tnunted with their failure to present an alternative proposition for tho pending tnenstiro, hut Just boforo the voto was takon for tho passago of tho bill tho nttltude of tho minority was defined In n motion to rocommlt, oirercd by Mr. Richardson, tho minority leader. It Instructed the ways nnd means commlttco to report tho bill bade amended so as to reduce tho customs and Internal revenue law of tho United Btatcs to u revenuo basis and to extend them to tho Philippines until tho lnttor, with tho nld of tho United States, should lio ablo to act up a stablo Independent gov ernment, I'lnn of .Minority Fnlla. This proposition did not command n re publican voto nnd tho three democrats nbovo mentioned voted against It. Mr. Meyer was paired against It. Tho speakers today wero: Messrs. Hep burn of Iowa nnd Dalzoll of Pennsylvania for tho bill and Messrs. Henry of Texas, Williams of Missouri, McCall, republican of Massachusetts, Clrocn of Pennsylvania nnd McClellan of Now York against. Tho bill passed today Imposes tho Ding ley rates on good entering the United Btatcs from tho Philippines nnd tho rates established by tho Philippine comnulou on goods entering tho Philippines from tho United States. It also providen for the collection of tonnage tuxes on vessels ply ing between tho United States and the Philippines nnd foreign vessels may ply between these, ports until Jnnunry 1, 1005. Tho duties nnd taxes collected shall go Into thu Philippine treasury. Denounce mil iin Opprcaalvc, At the opening of discussion on tho tariff bill tho attendance In tho gallcrloa did not Indicate much public! Interest In the de bate. Mr. Henry of Texna was tho first Bjieakcr. Ho characterized tho bill ns oppressive nnd oiitraccuus. Months Instead of two days, ho said, would not bo too long for tho discussion of n mensuro of vital interest to 10,000,000 people. Ho dwelt upon tho In lustlco t tho double export nnd Import tax Dn rice, sugar nnd tobacco and charged that IhlB double taxation was In thu Interest of tho sugar nnd tobacco trusts. Mr. Honry took Issuo with his Louisiana colleagues ns to tho effect of freo trndo with tho 1'hlllpplncn upon tho sugar Indus try of Louisiana. Ho pointed out that Porto UIco last yenr produced moro sugar for ex port than tho Philippines nnd denied that freo sugar from tho Islands would threaten tho Loulslnna Industry with annihilation. The benefits from tho sale of cotton nnd rlco, he argued, would moro than compen Bnto for any Injury to tho sugnr Industry. Mr. Williams of Mississippi followed Mr. Henry. Ho said that ns long as tho Phil Ippino archipelago was a part of tho United States nnd within Its domain It should bo treated ns part of (ho union, with tho same rquallty and uniformity enjoyed by tho other terrltcrles. Hut to nvold the embar rnssments, hardships and dllllcultlcs of tho idtuatloii, ho believed we should get rid of tli" islands ns soon ns wo could do ho with libnor to ourselves nnd bent-lit to tho Fili pinos. .Nnllon n Ntciiuiitlur Mr. Williams paid his respects to tho su preme court, which, ho said, arrived at Its doclslon by n "shifting mnjorlty of one." It decided that tho islands wero sometimes domestic nnd sometimes foreign. It made of tho old Inelastic, oath-bound constitution an instrument that would bend to political necessities. Thuro was no danger, ho said. u inu country protection nlong Its present line, of becoming u "mother country" for I peoples lu Ih-i east. It was morn likr.Ov ,n I becomo n "stepmother" eountrv Mr. Hepburn of low.i fullowed Mr. Wll- llnms. Ho supported the bill. Ho said the democrats offered nothing In the wny of n bill to Imnt'OVO Ihn nnmoiil j.,,... ii.. declared the Filipinos were lueapable of ' Bcii-government nud in reply to n nuestlon by Mr. Shafroth aB to the capability of tho Cubans snld they nlso wero not tit for self government, lie snld the democratic party forced tbo administration Into n position whrro It was compelled to declare for the Independence of Cuba. This wnB greeted with democratic ap plause, "You may applaud," Bald Mr. Hep burn, "but the time Is not distant when you will acknowledge tho unwisdom of giv ing Cuba Independence," (Republican np plHuse), Do you not believe thoy nro as capable of telf-government as the Cubaus?" In quired Mr. Shafroth of Colorado, I)Miioi'riiln Cheer In Drrlilon, "I do." "Then do you not bollove In the lnde pendenco of CubaT" "The democratic party forced tho admin istration Into u position where It was com pelled, against Its will, to declare for thu Independence of Cuba," replied Mr. Hep burn, amidst democratic applause. "Oh, you may applaud," he continued, "but t predict that before many years you will yourselves see the unwisdom of giving Continued oa Second Page.) t 1 1 ! I rUNSTON BRIGADIER GENERAL ciiiitc (.'nil II nil', a I, arise .Number of Appointment ii ti at I'rn iiitiUnii. WASHINGTON. Dec. 18. The senate to day confirmed scternl hundred army pro motion and several promotions In the navy, also thu following: Rrlgadlor (letmral Whoaton, V. S. A., to be major general. To Ho lirlgadlcr Generals Colonel Smith, ' 'crick Funston. Kansas, brigadier gen S. A.; Colonel J. M. Doll, Klghth w '"d Colonel William II. Illsbcc, Thfi . Infantry. Wltfv H. Williams, assistant treasurer of the United Stillea at Chicago. Johnnthun Merrlam, pension agent at Chi cago, Henry Meldrum, surveyor general of Oregon; Frank 1. Osborne, assistant Justice of the court of private Innd claims; Angus Campbell, consul at Warsaw, Itusala. Registers of the Land Offlce II. F, Clem Ing, Sterling, Colo.j P. M. Mullen, llampart Uty, Alaska; A. K. Hoyt, Sun Danco, Wyo. O. L. Ilrockway, Chamberlain. S. D. Receivers of Public Money A. H. Swain Douglas, Wyo., C. 11. Tlmberlnke. Sterling Colo.; L. II. Laughlln. Chamberlnln. S. 1).: ,D. C. Denver. O'Neill, Neb.; P. H. Kirk ueinortc, Colo. Collector of Customs William P. Nixon Chicago; S. A. Campbell, Humbolt. Cal.; P. F. (larrott, Passo Del Norte. Tex.; .lohn Spear, Jr., curveyor of customs, San Fran cisco. Members of the California Debris Com mittee First Lieutenant H. R. Johnston nnd Lieutenant Colonel Peape, corps of engineers. Postmasters: Nebraska W. .1. Cook. Fllnlr Illinois J. C. tlakor. OolcDiula; O. Hllcy, Champaign; J. C. Weir, Itantoul; T. B, Ilubel, RossvUlc; W. W. Llndley. Urbannn; W, II, Ulllium, Vienna; Robert N. Chapman, Charleston; F. C. Davidson, Clinton; W. H, Jewell, Danville; 11. M. Webber, Hldorado; T. S. Iloynolds, Hnrrlsburg; C. W. Warner, Hoopston; S. H. Watson. Mount Vernon; J. F. Donovan, Klngmondy; L. C. Gilbert, Oakland; II, C. Voorls, Waterloo. Postmasters appointed: Nebraska Dannebrog, Howard county. J M. Krlckson; vice M. F. Winchester, re moved, South Dakota Alpena, Jerauld county, Robert R. Dye ADOPTS PLAITS RESOLUTION .Nriinli. Mtiapcml ltnlr mill Formally Appoint Coiiitnlttn-a rciiily NiiiuimI. WASIIINOTON, Dec. 18. After transac tion of routine business In tho senate today Mr. Piatt of Connecticut offered n resolu tion suspending tho rule providing for the appointment of members of tho various sen nto committee's, by ballot. The resolution was adopted. Mr. Piatt then substituted another toso- lutlou appointing formnlly the committees for tho Fifty-seventh congress. Tho names of tho members of tho committees already have been published. It was adopted. A bill authorizing the building of n bridge ncross the Arkansas river, ueur Fort Gib son, I. T., was passed. At 12:45 tho senate wont Into executive session. Among the bills Introduced In the senate today wero two by Senator Nelson providing for industrial schools. Tho first of these authorizes tho appropriation of money for llie establishment of schools for tho Indus trial education of tho youth of the country In overy county of over 5,000 population In each Btato In the union. Tho second pro vides a system of education for tho terri tories, Including tho recently acquired pos sessions. For this system of schools Jl.- 000,000 Is suggested for tho District of Co lumbia nnd $15,000,000 for Porto UIco and tho Philippines nnd the territories. Among tho other bills Introduced was cno by Scnntor Pcnroso levying n duty of per cent cent nd valorem on nil Im portations of manufactured sliver. A prc- nmblu to tho hill declares It to bo tho pur- poso or tno mensuro to protect the sliver mining Industry of tho United States. At 12:45 tbo scnato went Into executive session. MERCER INTRODUCES BILL I'rnvlilt'N Tno Million llnllHrn for l)c- IiitrdiiFitl of AKrlunKiire llulldliiK. WASHINGTON, Dec. 18 In nccordanco with authority conferred by congress last year tho secretary of ngrlculttiro has had plans prepared for n handsomo now build ing for tho Department of Agriculture and today Representative Mercer of Nebraska Introduced a bill npproprlntlng $2,000,000 for tho proposed now structure. Tho hoiisu commltttco on foreign affairs had nu Informal hearing today on tho tub Ject of Chinese exclusion, prominent mem bers of the Asiatic association being In fnvor of fair treatment to Cblneso mer chants, travelers nnd students, while Hep resontntlvc Kahn, who represents tho San Francisco district Including Chlnntown, nnd Herman Outstndt, representing tho Amer Icnn Federation of Labor, spoko for rigid exclusion of Chinese. Ueprcsentntlve Kahn favored tho strictest exclusion, Ho stated that tbo mercnntile community of San Francisco was threo to ono for exclusion. Itcpresentatlvo Hepburn of Iowa has in ,ro(UlC011 n lllu Proposing that tho marine '"""P1"1' hospital service be known ns tho United States Health nervlco. The bill con slderably enlarges tho scope of the prcs.n. service. Representative Wood of California todiy Introduced a bill to establish n Department f MlnPi nnJ MlulnK NOMINATES JUDGE BAKER I'rrulili'iit Niiiue cl)iiml;ii MiikIh triitr lo He .knorliiti- .lux ,e of New .Mexico .Hii-irenie Court. WASHINGTON, Dec. IS, Tho president today sent tho following nominations to tho senate: Miguel A. Otero, governor of Now Mexico; Ilenjamln S. Baker, Nebraska, as soc'ato Justice of tho supreme court of New Mexico; Levi It. Davis, receiver of public moneys at Sundance, Wyo,; Fred erick Muller, receiver of public moneys ut Santa Fe, N. M. Also tho appointments under tho Department of Justice announced yesterday after the cabinet meeting. Further Ki-iliiellnn In Copper. NEW YORK, Dec. 18. It was announced In Wall street todny that tho United Metals Selling company, who handle tho output of tho Amalgamated Copper company, has further reduced price to n level of about U4 contB from the rate fixed last Friday, when a reduction was ulso made: Quoted prlcm are now 14e for Iiko copper, 13 ceuts for electrolytic and 13 cents for castings. JUDGE BAKER'S NOMINATION Coifirmation ai Aiicolata Jistict Fxpiotid at Earl; Dati. FEW RUN HOME FOR HOLIDAY RECESS Dietrich, .Mlllarit mill Mercer Will .Millie a I'IjIiik Trip (o .Vchrnal.a fitr Cunaiiltntlnii rltli Friend AVeatern Topic nt Cniillnl. (From n Staff Correspondent.) WASHINGTON, Dec. IS. (Special Tclo gram.) Thu nomination of II. S. linker to ' b? " Justice of the supreme court of the territory of New Mexico, which went to the senate today, occasions no surprise among tho Nebraska delegation, although It wns thought yesterday by Senator Mil lard that the nomination would not como to the senate before adjournment. Last night, however, President Roosevelt Inti mated to Scnntor Millard, who was n din ner guest nt tho Whlto House, that lu nil probability Judge Raker's nomination would go to tho senate today, which proved to bo n fact. It wns snld todny by n member of tho delegation that naker's selection was practically agreed upon last week and that If tho governorship of New Mexico could have been Bottled Booner his nomina tion would have gone In on Monday. Rut Governor Otero's rcnomlnntlon wns not ngrecd upon until yesterday, which occn sloned delay In sending Judge Raker's nom ination to tho senntc. It Is learned today that Rakcr'B name for the Judgeship In New Mexico was originally suggested by Major W. H. Llewellyn of tho territory, n former Ncbrnskan. Llew ellyn, who Is prosecuting nttornoy for ono of tho districts of New Mexico, suggested the matter to Scnntor Millard, who fell In with tho thought, nnd nt tho request of tho senator wired Raker asking If ho would accept tho place. Lnter Mercer was told of what was contemplated nnd he, seeing good politics In the scheme, to get rid of one who might provo a most formidable opponent for congress, heartily Joined Mil lard In pushing Raker's claims on Prcsl dent Roosevelt. Major Llewellyn, however, who Is a fnvorlto with Colonel Roosevelt, having served with him during tho cam paign oMho Rough Riders In tho Spanish- American wnr. wns a potential factor In securing the place for the Douglas county Judge Senator Millard snld today that he would nttempt to secure the confirmation of Judgo Raker tomorrow, but ns the nomination hns to be refcrreil to n commlttco, It Is believed that tho confirmation will not bo had until tho reassembling of congress, January C. I'liiiin fijr (he Holiday Itecenii. Most members of tho Nebraska delega tion will not go home for tho holidays, although Dietrich, Millard nnd Mercer will take a run homo to look over tho ground and hold conferences with friends. Mercer will go west to look nfter his fences, which nro snld to be greatly In need of repair. Congressman Rurkett will remain In Washington, as tho work on the appro priations commlttco will tako up a great deal of his tlmo during tho recess of con gress. Tho democratic members will all remain In tho city. Conferences wcro held today by Senators Kittredgo and Gnmblo nnd Secretnry Hitchcock concornlng former Agent Harding of Yankton, S. D., but thoy wore productive of no Immediate results, except n decision that tho matter shall bo deferred until nfter tho holidays. Tho South DnKotnns hero express tho ho- llcf that Major Harding will bo ablo to sub mit testimony to disprove tho charges fnmlo against him and In this event they will In sist tint tho former ngent bo reinstated. The agency Is still In charge of a bonded school superintendent and will remain In Its present stntus until nn understanding Is renched between tho South Dakotn delega tion and tho secretary of the Interior. Soiilli llnkutii I'litroiiiiK)'. The South Dakotans consulted this morn ing over tho stato patronage. Tho dis posal of n number of presidential postofllces in tho stnto wns on tho progrnm, but It was decided thnt tin nctlon should bo taken lu Uicbo cases until after tho holiday rcccsw. Senator Gamblo called nt tho War depart ment today to recommend tho appointment of Anton Jurlchs of Lend, S. 1)., as second lieutenant In the regular army. Jurlchs was a member of tho First South Dakota regi ment and his record In the Philippines Is reported a good. The prospects are that ho will bo given a commission In tho regular service. It lo announced at the Interior depart ment that tho western portion of tho Chey euno River reservation In South Dakota Is to bo divided Into grazing districts nnd leased to cattlemen. Tho land leases will be for one year and tho price per acre will vary from 3Vj cents to 4 cents, according to tho character of tho land. Congressman Neville Introduced a bill today for tho roBurvcy of lands In Ilox Rutto county. Senator Dietrich will Introduce Rurkott'B bill tomorrow dividing Nebraska Into two Judicial districts, and the South Platte rep resentatives will labor earnestly to pass tho bill at this session. Ileintrliiienl Not ph. Thcso rural freo delivery routes have been ordered established February 1: Nebrnska Fairfield, Clay county; area, eighty-two square miles; population, 1,075; John Rrodrlck and C. C. Jenkins, carriers. remont, Dodge county; additional service; area, thirty equaro miles, population, 500; Anderson R. Wightinnn, carrier. Gibbon, Iluffalo county; nrea, forty square miles; population, 500; Frank F. lllanchard, car rier. Oakland, Hurt county; additional service; area, seventy squaro miles; pop ulation, 1,000; S W. Andcrsou and J. A. Langford, carriers. Iowa nennett, Clear county; ' area, twenty-nlno squnro miles; population, 610; Frame i- siniiu, carrier, nana, (ircene : county, area, twenty-four squnro miles; population, 500; JoBcph Davis, carrier. Durnnt, Cedar county; area, twenty-soven squaro miles; population, 505; Nick I.a- maack, carrier. Lurcns, Pocahontas county; nrea, forty square miles; population, 624; Jnrcd Hughes, carrier. Patton. Green county; urea, twenty-ono square miles; population, flftj-two; Joseph S. Winters, carrier. Sprlngvllle, Linn county; addi tional service; area, twenty-flvo square miles; population, 5S5; William S. Palmer, cnrrler. ocranton, Green county; area, twenty-six squaro miles; population, 010; James A. Hays, carrier. Westslde. Craw ford county; area, seventy squaro miles; population, 1,000; C. It. Kracht and W. S, Smith, carriers. Tho postolllce at Hucker, Lee county, la., will be discontinued uftor December 31. Henry E. Amsbury of South Omaha and Albert C. Dennett of Delmont, S. I)., are appointed taggers In tho bureau of animal Industry. Ed J. Hough of New Albl.i Is appointed railway clerk. SULLIVAN TAKES THE STAND Clilcupo Attorney Tentlllen In Oitii llehnlf In (hp Coii- Itlrney Cne, Ills CHICAGO, Dec. 18. Alex Sullivan took the wltncn'i stand today In his own defense of tho charge of conspiracy and unequivo cally denied all tho charges mado against mm. Tho greater part of his testimony related to his coming to Chlcngo, working as a reporter on several Chicago papers nud finally going Into law. He snld ho knew James J. Lynch, tho Jury briber and prosecuting w'tness; also Frederick St. John nnd George P. Murray. Ho snld ho know St. John to be nn cm ploye of the West Chicago City rnllwny, but denied any conspiracy with, him to kcop Lynch from tho Jurisdiction of tho court btiiiivnn admitted thnt he knew Dan Coughllu of tho Crouln murder case no torlcty, but denied over having had dealings with him. He dented nlso any connection with thu Grlnncll case and disclaimed con nection with the Jury selecting pro ceduro In cases where thero was Jury brlb ll!g. Reforo Mr. Sulllvnu took the stand Judgo Hutchinson testified In his behalf ns n "character witness," nnd ex-Judge T. A. Mornn. who was Sullivan's attorney In tho Hnnford murder trials, took the Btnnd for the tumo purpose. .Mr. Moran said ho had heard nothing derogatory to the defendant's character prior to tho "outburst" of tho Jury-brlblng deals two years ngo. Cross examination by tho stnto brought out tho comment by the former Judge thnt ho meant tho terms "honesty nnd Integrity" In n strictly technical senso nnd that fur ther thnn that ho would not go. He snld the Cronln murder caso had brought out a great deal of comment on tho defendant's character, as did tho Hnnford trials. GOVERNORS WILL HAVE A DAY Miimiki- mill SIuiw Sclrclcil to Sipeiik nl the Hi. I.onU Drill on t Ion. ST. LOUIS, Dec. 18. Details of tho pro gram for tho ceremony of ground breaking nt tho world's fnlr slto next Friday wcro completed today by tho committee on cero monies. General John C. Rates, command ing tho Department of the Missouri, who will be grand marshal of the parade, reached hero todny from Omahn and spent flcveinl hours arranging tho details of for mation of tho procession, which will precede tho exercises nt tho grounds. Commandor-ln-Chlef Ell Torrcnco of tho Grand Army of the Republic will attend the ceremonies nnd Hon. James A. Tawncy, chairman of the bouse committee on exposi tions, nnd Nntlonnl Commissioner John Al len will mako tho principal addresses on that day. At tho banquet In the evening It is ex pected that speeches will bo delivered by Governor Dockory of Missouri, Governor Savage of Nebraska. Governor Shaw of Iowa, Governor Davis of Arkansas, Governor Yates of Illinois, J. Sterling Morton, ex- sccrctary of agriculture, nnd others. UNDER DOWIE'S INFLUENCE hn in lie I Meveiiniiu 'Pi-tin of -AU-Ik1i t l'rner SeMNlnn When Agree ment Who SlKiieil. CHICAGO, Dec. 18. Samuel Stevenson, brother-in-law of "Dr." John Alex. Dowic, In Judgo Tuley'a court today, ngaln charged tho self-proclaimed "Klljah tho Second" with having fraudulently secured bis sig nature to a contract which, ho alleges, do frnuded him of $185,000. Tho contract, called "tho privnto ogrecment," was pro duced In court, but Stevenson disclaimed any knowledge of having signed this par ticular Instrument. Ho sold be knew ho had signed nn ngrco- mcnt, but ho charged Dowlo with having had hint under his influenco nt tho tlmo of tho signing of the papers to such an extent that ho might havo signed nnythlng Dowlo wnnted him to sign. He told of how ho und Dowle had an all-night session of prayer when tho agreement was signed; how ho had Implicit faith In Dowlo und all that ho did and how he even left nil tho legal technicalities of tho ogrecment to Dowlo's own lawyers. SETTLES OLD LITIGATION Final Act In Mult Aunluxt County, Coloruilo, la 'In ken. l.aUe DENVER, Dec. 18. Tho final act In tho long litigation ngalnst lake county be tween olllcials becnuao of Its repudiated bonds nnd warrants, Issued from 1879 to 1880, took place In the United States dis trict court todny, when nine, tho IoBt of forty-nlno Judgments ngnlnttt tho county, wero dismissed. Tho suits wero compro mised by tho payment of $700,000 voted nt tho last Lako county election. This Is nbout 50.000 In exceas of tho fnco valuo of the bonds. However, tho bondholders will recelvo only n part of this nraount. there being Inrgo nttornoy fees to bo collected nnd many expenses of litigation. STARCH FACTORY RESUMES Argo Knetnry nt NehrnsUn City He- celveM Orilrra lo Renin Operation. NEHUASKA CITY. Neb., Dec. 18. fSne- clal Telegram.) Telegraphic orders woro received at Nebraska City today ordering tho resumption of work at tho Argo Siarch factory January 1. Tho order wa from tho New York onico of the National Starch com pany. During tho long summer shutdown the entlro factory hns been thoroughly over hauled, a new power plant Instal od nnd nd dltlonnl buildings hnvo been erected. Tho nggregnto Improvements cost $50,000 nnd thu remodeled plant will consume 2,500 bushels cf corn dally. ADA GILBERT DENNIS IS DYING WiinIiImkIoii Moillnle In o llxpeeteil lo Live Another Ilnj' Police Without n Clue. WASHINGTON, Dec - IS. Mrs. Ada Gil bert Dennis, tho modlsto who was assaulted In her apartments early on Tuesday morn ing of last week, Is dying nnd tho end Is expected within twenty-four hours. Sho has been aroused several times In an effort to sccuro a statement as to who her as sailant was, but sho could glvo no rational response end It is extremely unlikely that a satisfactory statement enn bo obtained. Tho police aro still without a cluo as to tho identity of tho person who committed thu crime. Flirt In-1- Ileiliiellou lu II Kill-, NEW YORK. Dec. 18 Tho American Hugnr Refining company today reduced Kofi grades of rvllued sugar 10 polnta pur 1W pound. DECLINES TO TELL SAVAGE Inprimi Cturt Will Nt E'.uoldatt Iti 0aaha Dioislon. GOVERNOR AWAITS ATTORNEY GENERAL Wlint (lie Coventor Wiint (o Know li IVhrMirr (lie lleilell DccUlnti tie vlten IIN Authority lo Appoint. (From n Staff Correspondent.! LINCOLN, Dec. 18. (Special Tclegrnm.) Responding to the receut request of Gov ernor Savago, the supremo court this nf.cr noon declined to give nny further opinion regarding tho Omnha Fire nnd Police com mission litigation or to say whether or not tho governor hns legal uuthorlty to nppolnt members of a commission. This actlun was In nccordance with thnt section of tho rules governing supremo court procedure, which declares; uniy questions involved lu matters of actual litigation before the court will bo entertained or Judicially determined nnd no opinion will be filed In nnswer to any merely Hypothetical question." The response of tho court wns RUtimlttivt in writing to the governor Just as tho Hit ter was preparing to leavo his olllcc Into thl afternoon. Judgo Holcomb. who conveved the communication, remained in tho private omce wun tne governor n Bhort time, nnd wnen seen later by tho reporter, declined to discuss either his Interview or the nc tlon of tho court. The rofusal to enninlv with tho governor's request was expressed in pome, uut firm lanmince. which wn signed by nil members of tho court. Attorney General Prout atlll has tho mat ter under consideration and It Is believed he will glvo the governor an opinion within mo next few days. vnnt tno governor wants to know in whether tho decision of the court lu the iiouoil ensu revives that section of thu chnrter which nuthorlzes the governor to mnko the nppolntmontB." said u man who has discussed tho matter freely with tho governor. "As ho has failed In his efforts to get nn expression from the highest legal tribunal In the state, ho will nwnlt nn opin ion from tho uttorncy general, and if Hint ofuclnl says he has the uppolntlng power mo appointments will made at once." UNION MINERS ARE INDICTED Cli ii rK i-il ( AeeemiiirlrN llefore l'nct of Wilful .Murder. (lie MADISON VI LLE, Ky Dec. lS.-The Webster county grand Jury, In session at Dixon, returned indictments today against Juntos D. Wood, president of tho United Mlno WorkcrH of America of thu Twenty third district; Kittredgo Uarnaby, vlco president, and W. H, Kissinger, n member of tho olllclal board, charging them as ac cessories beforo tho fact of willful murder. Tho indictments aro a result of an Investi gation of nn attack tnndo upon the Provl donco mines by tho tmlon men live v.enkn ngo, when a union man named Gtvens was killed. Wood, Haruaby and Kissinger, tho Indicted men, will bo refused bond. At Dixon, Ky., tho Jury in tho caso of Jean Couch, n negro union miner, charged with shootlnj; Into a wagonload of non union negroes eurouto to tho Providence mines, returned a verdict of guilty nnd sentenced Couch to twenty years la tho penltentlnry. PREACHER BEFORE COUNCIL llev. .Iniuen A. Ilenlli of !liipN t'hnreli In Trouble Over Oh luiiiliiir DUiiree, KANSAS CITY, Dec. 18. Rev. James A. Heath, the Baptist evangelist, formerly of Castile, N. Y., was tried beforo a council of Haptlst ministers hero today nn charges growing out of his alleged mirroptjtlous obtaining of n divorco from his wlfo, which divorce was set nsldo last week. Rev Dr. Chariot A. Merrill of Cnstlle, N. Y.. was tho principal witness nt thu hearing today, as ho wus In tho court proceedings. Dr. Mer rill wns Bent hero by tho members of his congregation, who are partisans of Mra. Heath. If found guilty by tho church coun cil Heath will bo expelled from churVh membership hero nnd steps will lie mado to hnvo him deposed from tbo Daptlst r.ia latry. PLOT TO KILL THE OFFICERS Convict' Letter in lovrn la Deciphered ami (lie Murtleroua Plan He venleil. LEAVENWORTH. Knn Dec. IS. When Convicts Turner, llarncs nnd Rob Clark, lenders In tho mutiny of November 7, were nrrestcd at I-awton, Clark handed a letter to tho sheriff, requcBting him to mall It. Tho letter was addressed to Clark's brother at Keokuk, la. Suspecting a plot, tho letter was given to Deputy Wardon Lemon. Since hl return Wnrdcn McClaughry has had cipher experts working on tbo letter, which was In cipher. Tonight tho "key was found. Clark had requested his brother to got a confederate, board tho train at Guthrie, overpower tho officers and kill them If necesnry to enablo him to gain his freedom. WITHDRAWS FROM RACE Cue r. Crnwforil Announce Ahiiiiilon inent nf Mix Senatorial Aaiilriillona. HURON. S. D. Dec. 18. (Special Tele gram.) This ovenlng's Iluronlto contained n enrd signed by Coe 1. Crawford, nn- nouuclng his withdrawal from the canvass for United Stntes senator. Reasons as signed aro tho marked change in the ntua tlon clnco the death of Senator Kylo und tho appointment of Mr. Kittredgo. that to mako tho canvass under existing conditions means a year's work and that the expense Is greater than ho feels Justifiable In as suming at sacrlllco of professional Intercuts. KILPATRICK GOES TO OHIO I, aura llullluu, Ilia Crimila III nt Out of aim City, Accomplice, len"er- ST. LOUIS, Dec. 18. "Hon" Kllpatrlck, the Montana train robber suspect who was convicted hero recently of parsing forged bank notes nnd sentenced to fifteen years' Imprisonment In tho Jefferson City (Mo.) penitentiary, will bo imprisoned by tho fed eral authorities In the Ohio stuto peniten tiary at C olumbus Instead. His compnnlon, Laura Rullion, will be sent to Jefferson City. CONDITION OF THE WEATHER I-precast for Nebrnska -Fair In Knstern fMiow nnn roliler In Western Portion "ftV.p.''.v Mght In Southwestern ronton; rrld.iy. Fair nnd Cold; Wind in-coming .Nortturly. Teinperiitiire nl Hour. lieu. ft ii. in t tl it, ti t " " Jt s -:t tl II. Ill 10 II III 11 II. Ill -I 1- III II Oiiinliii Aexterilnyi Hour. lli'K I p. in . . . P. in II p. in . I I' il n. 7 l, K IL in . in . in I i. InilleiMen llelmv Zero, RAILROADS FAIL TO AGREE Aelern l.lnei Deterreil from FUlnu Colonial Itnte liy Northern CoiupelltorK. CHICAGO, Dec. 18. No agreement has yet been reached by tho western roads ns regards the nrnncuit mlm-ilnn nf ihn mili tary rate agreement. Tho sneelnl rnmmlt too appointed to prepare n nlnn of nctlon that would obviate the objections of tho bouthern Pacific to the old agreement was not rendv tn report today and it was in structed to report tomorrow. It In penernlly understood thnt the exist Ing dllllcultlcs will be overcome nnd tho rnte pool given another lease of life. Tho colonist rnto question wns tip for consideration, but uo dedntte conclusion hail been reached nt the time of adjourn mcnt. It Is found nbsoltitely necessary to mnko a material reduction In the colonist rate from Chicago on nccount of tho low rntca Just put in effect from St. Paul by tho Great North em and Northern Pnclllc. Tho question under consideration by tho western roads Is whnt should bo added from Chicago and St. I'aul in connection with thu rates. BIG CONTRACT FOR SUPPLIES .Seven .Million Dollar (o lie i:penileil liy (lie llattlniore A Ohio. rAlTIMORE, Dec. IS. The Raltlmoro & Ohio Railroad compnny hns awarded con tracts for supplies aggregating $7,000,000. Tho largest orders havo been placed with tho following companies: Tho American Locomotlvo company, for forty-eight con solldatlon locomotives; tho Hnrlau & Hoi llngsworth of Wilmington, Del., twenty- five parsengcr cars nnd ono combined pas senger nnd bnggago car; Pressed Steel Car compnny of Pittsburg, 3,000 steel hopper enrs: tho Amerlcnn Cnr and Foundry com pnny, 1,300 box ears. SCHLEY FOR THE PRESIDENCY Aitiiilral, Cioker Snya, Woiitil Make n StroiiK Caiiillilnle x( Cumpnlun. INDIANAPOLIS, Dec. 18. At Frenchllck Spr.ngs today Richard Crokor expressed n very decided opinion that Admiral Schley would mnko n strong presidential candidate In 11)01 and that tho probabilities nil favor a boom, for him lu tho nnst, with a strong following In thu south nu'd west. Ho ex pressed tho opinion that congress would not lnterfero lu the mntlcr In any way und that this would be to tho advantage of Schloy nnd tho democratic party, for Inaction would be tantamount to nn en dorsement of tho majority verdict nnd thus commit tho republican party to It. While ho did not express himself defi nitely on tho question of tho second place, his lden Deemed to bo that tho man for tho vlco presidency should be from tho Bouth nnd ho should ho one who saw sorvlco lu tho CiiIioji campaign. TO OMAHA FOR FORGERY CASE Itciininllloa laaueil for Charli-a KnlcH, Ollierirlae Km in c r. H. MINNEAPOLIS, Dec. 18. Governor Van Snnt, nn tho recommendation of tho author ities here, has grnnted tho requisition of Nebraska for Charlea E. Kates, wanted nt Omaha for forgery. CnBcs ngalnst him wcro pending hero, but It was finally decided that tho Omaha ease was the strongest nnd so Kates will be turned over to tho Nobras kans. Kates, alias Kramer, was employed In Omaha by n snlary lonn company nnd Is ac cused of forging tho namo of tho manager of tho company to a number of checks, ag gregating $450. Pollco Detectlvo John D. A. Johnson Is In Minneapolis to bring Katts back. BOOKKEEPER IS SENTENCED Sulfl'a Former Kmplnye (iiillly (o Thefl of Money. I'lemla NEW YORK, Dec. 18 John Thayden, Intely a bookkeeper for Swift & Co., tho Chicago packers, pleaded guilty to grand I unci ii . in urn rum i oi general sessions to- day and was scntoucod to state's prison for not Icbb than ono year nor moro than five years. Thayden wns employed by Swift & Co. nt Ub ofllco In this city. Last AugiiBt ho stolo M.000. CRUSHES SKULL BY A FALL llr. ieol( llrotvn, While Htere laliiK, Sllpa on ley Nhlevtiilli uml lllcx, ST. JOSKI'H, Mo., Dec. 18. Dr. Scott Drown, a prominent resident of Chilli cothe, Mo., was killed today In a peculiar manner. He was an athlcto and was taking regular open-air exorcise, which Included a hhort run. Ho Bllpped on tho Icy Bldo walk nml fell on his head. Ills skull wuh crushed and death resulted In a short time. Movement of Ocean VckmoI Dee, IN, At New York-Arrived; Hnhcnzollern, from Naples; Movie, from Liverpool; Vie tnria. from MarMdllPH. Long (lorn and Naples. Sailed; St. Lniils, for Southamp ton; Teutonic, for Liverpool. At St. Johns, N. K. Arrived: Onturluii, from fiuii-gow. At Itondnn- Arrived: Olenlochy, from Han Kraiiclrco, Coronel. etc.. via Southampton At Liverpool Sailed: Sylvanla, for Ilos ton. Arrived Oceanic, from New York. At Plymouth Arrived: Deiitschlnnd, from Niw York, for Cherbourg ami Hamburg. At QiieeiiHtown-Arrlved: Wnesland, from Philadelphia, for Liverpool. At Olbrallnr Arrived: Cnlumbln. from New York, for Alglorc, Naplrtt and fiction. At Rotterdam Arrived: Potsdam, from NeA- York via Ilnulogne. At Southampton Arrived: St. Paul, from New York. At Vladlvostoek Arrived: Queen Ado laldo, from Seattle via Tacoma, for Port Arthur. Ai Hontt Komi Arrived Iiidrnvnlll from Portland. Ore., via Murnran and Yokohama; Ulymnla, from Tacuina via Yokohama. At i'.irfa--PuhhimJ. Columbia, from New York u nibriltar, for Nntiles and Oenrji At rhi-rbnurg Arrived. Dmitschland, from New York vlu Plymouth, for Hamburg. SCHLEY FILES BILL Broaklja'i Commander Babinlti List if Eicsjtbn to Findiagi. SECRFJARV LONG ANP ASSISTANTS CONFER Admlrl Sariipiin FoUponei FIHir t IIU Ixpeottd Oljtctltai. MAV SUBMIT THEM, HOWEVER, FRIDAY ScbUj'i Eill States Mr jantj Opinion Dis ngardi IVoli. SAYS VITAL PROOFS ARE ALL IGNORED Mntcmciit Declare Tc alliiinn; .sua. (ulna Mehlcy In Many or Point In Wlileh .Majority FlniU Him i( Fault. WASHINGTON. Dec. 18.-;.nte this after. noon Admiral Schley, through his counsel, filed with the secretary of the navy hH bill of exceptions to tho majority llndlng of tho court of inquiry, uml also a letter asking to bo heard In connection with tho objections to be tiled by attorneys for Ad- , mirni hampson to tho Individual opinion of Admiral Dewey. Thlt action was taken nfter Mr. Rayner, .Mr. Tenguc and Captain rarncr or counsel hud held a consultation throughout the day with their client. Secretary Ixing, ultuoft lmmi'diatolv nfter tho receipt of the communications, called Judge Advocnto Lctnly and tho solicitor for the department. Mr. 1 latum, into confer ence. At Its conclusion the secretary B.ild that ho had no statement to mako regarding any action thnt ho might tako lu tho premises. Ho, however, Indicated to Mr reague, through the Judgo ndvocnte. that ho would not hear an oral argument by Mr. Rayner regarding Admiral Sampson's protest, but would recelvu a written pro test. It wns expected thnt Admiral Sampson would Illo other objections today, hut It Is now stnted thnt such objections may not bo offered beforo Friday. Teat of .Nclilc 'a Uacciilloua. Thu text of the hill of exceptions Is ns follows: To tho Honorable, the Secretary of the h'lv-V: lmield Scott Schley, rear mlmlini I', b. rs.. retired, the nimllrinii l...r.,ro ccurt of Inquiry of which Admiral (leorgii I?.woy'. u- s- -N l! .'resident, uml Rear .oaiiraiH a ncirew i;. k. lleiilmm ami I-rancls M. itamsiiv. t'. M. v.. mmnl anil Captain Samuel (' t.emH- l' w v judge advocate general, Judgo in'lvocato! oujeL-m rio mo approval of the llmlliigM of the court on thu ground that tho otiiiilun rendered and the review of factH made by the mnjorlty of tlm court nro In eonlllet with the overwhelming ucluiii .if ..i.i.,,,.... und that the rnajoilty of thu court lu their snld opinion have. Ignored the testimony of the uppllennl nnd or tho wholu of tho applicants witness h, mid nit that portion of tho evidence g. , u by wltnesseH for thu government which win favornblo to the. - "1'? unni cunt, uml huvp tbUH deprjvod Jilrtuor.' 'iiT ii"" huniuiiuxtH).- imuyinoMaV!"'or c.tiir iim lilllil llliu II1U COIiaiKllllOll OI I IUI I'nllOll States, nnd tho applicant now phhIkiiw tho followim: Krollnds In mimuiri nf i.iu ui.i objections: Fvlili-iicc Coiilrury (o Opinion. 1. Tho miitnrlLv nf flic cinrt hue., ..I,.,,,, their opinion that Coininodoru Schley should havo proceeded with th m,. ...... illHpntch off Cletifuegos, when thero wan no spectllciitlim covering this subject, nnd when tho applicant did not havo mifUcloiit mrurinmiy iu uring in proper and con I'lllClllK CVldi nco In reference lli,.r..i.i i.,,.i when tho only evidence taken he th court on this subject wiim directly con- mi. iu iiiii upimiiu rcnuereu. 'J. Tho nuilorliv of ih ,.,inrt i,i.i that tho applicant Hhould havo endeavored u upuii I'uiiniiiimuaiiuii wun ine llisurgcutH i inn pmuu octiiKiiuiCd in inu Iileinoruil um by ( ominunilcr McCniln ,i..ii ,i ,.. him on tho morning of the 23d of May, 1MH. W'hell. Ill tncl. Ihnrn iv. iu mentioned lu Bald memiiriindiim iih being v inuiu ill niliv.ll II UUUip OI ItlHlirgeiltH was located. Coneliialoua iKiiore I'll el. X The majority of tho court 1ms arrived I thu opinion tatcil In tlln l,ir.... laraunuili without rcu.-inl to th., which was proven by an overwhelming weight of testimony that the Bald Mct'nllu lllelllorulld.ini was Merit in I -..,,,,. Schley only for mo in connection with thu nun iimuou which ji coutaiiicii relative lo :ertaln batteries, at or being coiiBtructod 11 the VlclllltV of the en! ranee to ili lir. bur of Clcnfiiegosi. iih Ih attested by tlm order No. o, dated May m, pyja and Bent to Commodore Schley by Admiral Katun. son, , "lo majority of tho court In tho op tlon rendered holt thnt i'mmA,in, Schloy Bhoulil have maintained a close lilocKudo or Cletitiicgos, when by over whelming teHtliiiony It was proven that a cIoho nnd effcutlvo bloekudo of that port was maintained, thu Judge advocuto hav ing HilbBlant ally ahnmlnimil imu ,.h., ... to thu contrary. 'i'cNtluiniiy I noliaerveil. 5. The majority of tlm court In the opln Ion reinlureil hns enlliely ignored tho un- illinium leu icniioiiuiy proving tint the HrltlBh Bteamer Ailula was pcrmlttcil to uo Into the harbor of t ienf iit-gos lu orJor that Intormatlon mluht be obtained i.v i ,. . whether the SiiiiiiInIi Heel una Hi,.,, i,, ii.,.. harbor, It liming been clcuiiy established i f -"i'mni mi inu tiiuu Hieanicr prom. glVen him .Tenter ll,e .r! tlmt heVJuld mmh " niiip "in jii niwur Wlllll twenty tour hourH and furnish the Information do- tint-'u. fi. Tho majority of tho court In tho onln Ion rendered has entirely failed to rofor tn dispatch No. 7, admitted to havo been sent ny Admiral Sampson to Commodore Schloy. tho construction of which wuh agreed upon in the argument In the case, to wit.: That It was an Imperative order for Corn modorn Schley to hold hlH squadron off CluntucgoH, whethei tho Spanish lleet wan or wuh not In that port 7. The majority of the court In the opin ion rendered his entirely Ignored thu ad mitted fact that the commander of the Kaglu failed to communicate the situation at ClenfuegoH to Commodore Schley. Kvini I'll 1 1 lo loiiiniiiiilcale, S. Tho majority of the court In the opin ion rendeted Ii.ih entirely Ignored tho tin contradicted evidence In the case that t'up taln Robley 1). Kviuih, Knowing the mean, lug of tint Hlgniil lights on abort at Clou, fuegos, failed to communicate Ins Informa tion concerning them lo Commodore Schley 0. The majority ot tho court In tho re port of lactH submitted declares that thu Hlgnal llghtH on whore near t-iunriiegos were seen by Commodore Schley on tho night ot May !. lt'Ji, when In fact thu overwhelm. Ing weight of both oral and documentary evidence proved that t'oinmodoro Schley saw and had knowledge of thi-Ho lights only on the nlghi of May tl and at no other P). Tlm majority of the court In tho opin ion rendered Ih Kllent on tho subject of tho following charge iiicfernid by the Judge ad vocate against Commodore Schloy ikirliig tho prngrcHH of tho Investigation, namoly, that ho did not innHk his movements In do. parting from In front of thu port of Clun fuegos, but n using nrtlols signals ho re. vealed the destination of his squadron to tho enemy on shore, despite tho fact that by overwhelming weight of evldcnco this was dlaprovern. That lletroKi acIc Mot eniciit 11. Thu majority has based Its opinion In reference to tho retrograde movement upon a Htutement mado In Its report of facts that Commodoro H'iiley. before sailing from Clenfiii'goH. received n llablo Information that BhlpH could be coaled In the vlclnltv of Cnpe Cruz and (Jonalvi a channel and It la now respectfully denied that thnru wuh any Hiich positive testimony In thin case; every witness, with ono exception, who was examined on the subject disavowed all knowledge In rofcrenco thereto, and tho un contradicted testmony of Captain r. K,