The Omaha Daily Bee.
V,
ESTABLISHED JUKE 19, 1871.
OMAIIA, TUESDAY MOllXING, JAUUAEY 28, 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
MERGER IN THE COURT
firthiTn lictritUi Otapuj Btgin Dt
ftiu Zifon luprirat JuitUtt.
DENIES RIGHT tF FEDERAL JURISDICTION
pUUi MlnmoU Skill SsttU Contwmy
withli th Btat.
!'ATTRNEY 6ENERAL DOUF VILES BILL
Clalmi Bight f State t. AppA
8tatn.0nrt.
INVOLVES MORE THAN STATE INTERESTS
Vaya Inne la nctvreen 1 1 1 n fltiite and
Clttscii of Xevr Jersey l,nw 1'to
hlbltn CouHolldntlon of
l'nrnllcl Line.
WASHINGTON, Jnn. 27.-'In tho United
Btates supreme court today Attorney Gen
eral Dougla of Minnesota renewed his
motion for lcavn to flic a bill of complaint
on behalf of the stato aBiimst tho Northern
Securities company In tho matter of tho
jnorger of the Northern Pacific railroad,
with other railroads, saying that ho had
given notlco to tho defendants as required
,fcy tho court.
Chief Jtistlco Fuller said argument upon
4hu motion would bo heard later In tho
day, ns soon nB tho hearing of tho cbso
under consideration would be completed.
W. D. Outhrlo of tho Northern Se
curities company filed a brief with tho court
outlining that company'n position. Ho con
tended that tho bill of complaint proposed
to be filed on behalf of tho ntato of Min
nesota doos not prcBcnt a controversy of a
civil and Judicial naturo between a stato
land a citizen of nnother stato JuHtltlablo In
this court and that no state- can call upon
this court to enforce Its .;cnal or police
laws In other stnto3. Henco this court Is
without Jurisdiction.
Action Aunlunt Sew Jnrcy Company.
Tho bill nnks tho court, ho said, to re
strain by Injunction a citizen of New Jer
soy from doing tilings which are entirely
legal accordltig to tho laws and which are
sanctioned by Uh statutory policy, simply
because those acts vlolato or evade or tend
to circumvent tho public or penal or po
lice laws of Mlnnesotn, the complainant
state.
"Thoro Is," bo continued, "no suggestion
that the acts complained of aro not ontlrely
lawful In tho Htato of New Jersey or that
It Is not within tho corporato powers of
the defendant corporation as an Invest
ment company to acquire nnd hold the
stocks of railway companies, Tho solo
ground of complaint Is the alleged violation
In Now Joraoy of certain enactments con
tained In the statutes of Minnesota. Henco,
he contended that tho, injunction prayed j
for would" be. nothing" more or less than an
order compelling the Securities company to
obey tho laws of New Jeruoy and tho lawo
of Minnesota,
Mlnuvnotn Corpora (Inn Not Named.
He called attention to tho fact that no
relief la sought against tho Great Northern
Hallway company or tho Northern I'aclflc
Hallway company, although both aro cor
porations of tho stato of Minnesota and
both, therefore, within the Jurisdiction of
tho courts of that state. This was taken,
bo said, as a confession that neither of
theso corporations had signed against tbo
laws or tho constitution.
lie pointed out that as neither of theso
companies is a party to the suit no relief
could be granted against them. In conclu
sion Mr, Outhrlo contended far the c'on
tlnunrico of tho policy which had prevailed,
bo said, during the history of tho govern
ment, of allowing each stnte to control its
own affairs without Interferenco on the
part of the fedora) Judiciary.
When tho preceding caso had been com
pleted Attorney General DouglaB was rec
ognized to make his argument in support
of tho motion for leave to tllo his bill of
complaint. Mr. Douglas made the follow
ing points In support of a report of the
ntato to file an original suit In this court:
Itliflit of Jurisdiction.
Tho right of a state to Invoke tho Juris
diction of this court to protect its property
and individual rights and Interests In an
uctlon against the citizens of nnother state
lias long been recognized. The state of
Minnesota owns upward of three million
acres of land within its limits, which is
near to, or in, tho territory ulono traversed
by tho .two railways in question; and tho
tato 16 dependent almost entirely upon
thoso roads for the development of thin
land and tho furnishing of transportation
funllltles to the same.
Tho stuto also clulms tho right to main
tain (ins section ns parens patriae, or as
trustee nr representative of all her citizens,
A very largu portion, If not nil, of tho cltl-
kens Ot Minnesota will bo mntnrlnllv In.
Jurcd by tho consolidation of nnd the re
moval of competition, In freight und pas
scngur rates between tho lines of railway
owned nnd operated by the two Com
panies.
It must bo borno In mind that, in nddl
tloii to the. statutes prohibiting tho con
solidation, tho state of Minnesota has eon-
inuuica over ten million ncrcs of land
In order to secure the construction nnil
mnlntcnnnco of some of the parallel nnd
competing lines by ojthor tho Great North
ern or Northern Taenia Railway compuny.
A part of the consideration which the
ptato received for tho lands grunted was
tho Implied agreement on the part of such
railroad corporations and their stockhold
ers that these lines of railway should bo
maintained and operated by such corpora
tionB uh parallel apd competing lines.
Stnte l.uw Prohibit Merger.
A part of the statute law of the state of
Minnesota relating to railroad corporations
has been for nearly thirty years that no
consolidation In any manner whatever shall
lake place between parallel and competing
lines of railway within the state', that is
ono of the conditions nnd considerations
demanded by the state, for the right to bo
a. railroad corporation nnd tn fY,rri ,,
)owor und privileges of such within tho
tato is that free und open competition in
Jioth freight and pasnongcr rates shall exist
fcetween tho linos of railway operated by
inch corporations; und the violation of
Uheso statutes Is a violation of the contract
4ghts or obligations of the corporations
h well ns of the stockholders thereof
Srtthln tha stato, nnd, ns wo contend, gives
tbo state the, right to maintain nn action
to enjoin such violation.
Tho state of Minnesota, In attempting to
onforco its statutory right and remedy bv
means of this action. Is not asking this
court to enforce anything contrary to the
declared public policy of New Jersey or of
the natlonul government. The declared
public policy of Now Jersey and the United
States Is against tho consolidation nnd uni
fication of competing Unas of railway, and
tho removal of competition In freight nnd
passenger rates, This policy Is declared in
tho so-called "anti-trust law" of the United
fltutrs, which bus been before this court
on sevcrul occasions.
AfTeets Stockholder a Well.
The stock of the Great Northern and
Northern Puclflc railway companies, the
title to which Is placed In tho Northern
Securities company, In the manner and
for the purposes of the bill, must be
deemed to be held by the last named com
pany uh though located In nnd subject to
all the lnws of the, state of Minnesota:
and every power sought to bo exercised
.Continued on Second Page.),
PLEASES EMPEROR WILLIAM
America' Attitude on Prince Henry'
Coming Vlnlt dratlnc Ger
many' Hulcr.
BERLIN, Jan. 27. Emperor William sig
nalized his birthday today by conferring
territorial titles on all tho regiments
which had hitherto borno no dlstlnctlvo
names.
In tho morning Emperor William and
tho Imperial family attended divine scrv
Ico In tho chapel of tho cnstlc. Tho mem
bers of tho diplomatic corps nnd the Im
perial cabinet wcro present.
This afternoon Emperor William held n
"congratulation court" In the white hall,
at which nil tho dignitaries of stato were
present. During this reception tho em
peror held Andrew I). Whlto, tho American
-,, 'npsador, In conversation for n few
'es, during which ho said ho was much
. " . Lover tho way his brother's pros-
V.'Wvlslt was being received In tho
unit States.
In tho afternoon tho emperor and tho
prlnco of Wales repaired to tho armory,
both wearing tho ribbon of tho black eagle.
His majesty was cheered by large crowds
along tho route, nnd tho cheers, led by
General von Hnhnke, chief of tho em
peror's military cabinet, wcro repeated
within tho nrmory.
FREEDOM HOURLY EXPECTED
Ilclcnsc of Mlnolniiiirlc Now Regarded
nn Matter of Only I'cw
Hours.
DJAMALA, Iloumnnla, Jan. 27. Tho re
lease of Miss Ellen M. Stone nnd Mmc, Tsllka
Is now expected hourly. At tho request of
tho American negotiators tho government
has granted tho former entlro freedom to
cross nnd rccross. tho frontier, so as to
facilitate tho liberation of tho captives. A.
A, Garlgule, first dragoman of' tho United
States legation at Constantinople; Dr. Houso
and W. W. Plot, treasurer of tho Amerlcnn
mission at Constantinople; havo undertaken
to hand over tho ransom and rccelvo tho
captives. They have accepted all risks,
and by special request, aro no longer ac
companied by an escort of soldiers.
LONDON, Jan. 27. A dispatch from Sofia,
Dulghria, today says: The ransom of MIba
Ellen M. Stone and her companion,, Mmo.
Tsllka, has been paid to tho brigands nnd
tho captives aro expected to bo released
today.
TO ENFORCE ELECTION LAWS
Southern ltcnhllciin I'rcpiirliiK III 11
DcnlKncd to Insure n
Fair Ilnllot.
WASHINGTON, Jan. 27. At a caucus to
night of southern republicans In congress
steps were taken looking to tho preparation
of a measure to bo Introduced In both
houses, comprising an amalgamation ot tho
best features of tho bills nlrcady presented
In tho houso by Messrs. Bartboldt of Mis
souri nnd Gibson of Tennessee, for the en
forcement ot tho election laws.
Senator Prltchanl of North Carolina pro.
sided and dcslgnutod Mr. Gibson to prepare
tho proposed measure, whose foatures, were,
tentatively agreed upon. Theso provide for
tho honest enforcement of tho state election
laws, tho right ot minority representation
and means by which tho aggrloved party
contesting nn election caso may bo heard
by the stato canvassing board. If ho Is dis
appointed with the result he Is to havo tho
right of appeal to the district Judge, who Is
clothed with power to hear nnd try ques
tions of law and fact do novo raised before
tho canvassing board and to issue tho cer
tificate of election to tho pcrs.on having the
htghost number ot votes. This Is to con
stitute prima fnelo evidence of his election,
upon which ho may bo sworn In by the
house.
There wns some discussion of tho Crum
packcr bill, which reduces tho congressional
representation in the south on the hauls ot
tho vote cast at elections, but tho sentiment
ot nearly all tho members present was
against It. In Its stead tho southern re
publicans will offer tho measuro agreed on
tonight.
Thoro wcro present at tho meeting In ad
dition to Senator Prltchard, Senator Elklns,
and Representatives Rartholdt, Gibson of
Tennessee, Bocrelng of Kentucky, Moody ?t
North Carolina, Gaines of West Virginia,
Dovener of Weat Virginia and Ball of Del
aware. DENIES SOUL'S IMMORTALITY
Dr. Parkhumt Preaches a Henantlnnal
Sermon nt Mudlaon Square
Cliurcli.
t
NEW YORK, Jan. 27. In a sermon on
"Immortality" Rev. Dr. Charles II. Park
hurst, in tho Madison Squaro Prosbyterlan
church, declared against tho popular evan
gelical belief that all souls' are immortal.
He expressly gavo It as his opinion that
the scriptures do not teach Immunity ot a
soul from death and that a soul must be
taken euro ot In this life or elso It will
perish utterly, either nt tho death of the
body or after a longer or shorter period of
the llfb beyond the gravo. Dr. Parkhurst
said In part:
"Thero Is nothing In scripture or in things
that encourages us to feel that a soul can
be kept from dying any mora than a body,
unless it Is taken care of, Thero Is no
warrant from bible or from naturo for sup
posing that a soul carries within Itself a
policy ot Insurance agatnst Its own evontiMl
obliteration."
Tho sermon Is attracting some attention
among tho Presbyterians hero to a belief
tn the doctrine ot immortality of the soul.
LARGE BUILDING IN RUINS
Five-Story Structure Destroyed nt
Loss of Two Hundred Tliou
aniul Dollar,
ST. PAUL, Jan. 27. Fire tonight coin
plctely gutted tho Davidson block, a flvo
story brick structure nt Fourth and Juck-
ton streets, causing a loss ot over $200,000,
The building Is In tho heurt of tho whole
sale district and for a time It seemed as
It the flames would spread und do greater
damage. Tho firemen wero hampered by
severe weather, tho thermometer standing
nt 10 below zero.
Tho loss on tho building, which Is ownod
by the Northwestern Mutual Llfo Insur
unco company of Mllwnukeo, Wis,, Is placed
nt SISR.OGO. Sternberg. W ami Co.. cloth
lers, occupfed the threo upper floors and
sustain) d a loss ot $75,000. Tho American,
Wells Fargo, United nnd Western Expreks
companies occupied the ground floor, but
their Icssea were comparatively small,
Ileiuotes the Superintendent,
GUTHUIB, Okl Jan. 27,-Actlng on the
report of tho investigating rommtttvo as
to me management ot tno UKIahoma In
sauo asylum. Governor Kercuson toilav re.
moved Dr. Felix U Winkler of Kingfisher
as superintendent nnd placed a committee
of iour pnysicnuia temporarily m charge.
FAVORS UNITY OF NEIRASI1
Ccigrisinnn Stark Nw ppttu Iplit Into
JtdioUl District.
ASKS THAT HIS BILL BE HELD UP
CoiiKrcsMitntt Mercer Finds Ho Ku-
cournKctnent for Visit of I'rlttco
Henry lo Oninltn Experiment
StntloiiH for IrrlKittlon,
(From a Staff Correspondent.)
WASHINGTON. Jan. 27. (Special Tele
gram.) A split exists In tho Nebraska dele
gation over tho several bills Introduced In
both branches of congress, dividing tho
state Into two Judicial districts. Repre
sentative Stark, who has been holding hl3
car to the ground for several weeks, with
the vlow of ascertaining the wishes of his
constituents, evidently has found conditions
not exactly favoring his bill, for ho filed a
letter today with tho chairman of tho Ju
diciary commlttco asking that no further
action bo taken on his bill.
After stating that tho bill had been In
troduced In good faith nt the Instanco of a
number of his constituents ho says: "I
havo recently taken up the matter with the
vlow ot submitting a brief to you In support
ot tho bill, und after full examination I
And tho facts to be that thero Is no ncccs-
slty at this tlmo to increaso tho federal
courts In Nebraska; that as now consti
tuted, nil matters aro speedily determined;
that there Is no probability of an Increase
In tho Immediate future; that about two
thirds of tho current business comes from
tho Indian reservation In Nebraska, and
those familiar with reservation matters bo
llevo that In tho future the work from
thoso sections will greatly decrease.
CnunldcrN It n tVnnle.
"To establish another district in Nebraska
would entail n largo expenditure ot money
nnnually and when not necessary for pub
lic service is a waste and extravagance of
public funds, I thercforo request that
It. R. 7632 Ho on tho tablo without fur
ther action.
"nut I deem It proper to say that I
would favor a bill to fix tho terms ot the
district court at least once a year at Al
llanco and North Platte, thereby saving to
tho party lltlgauts the Items of largo ox-
penso for mileage, and havo witnesses come.
Into tho open court and give their testimony
Instead of by deposition, ns is now necessary
In practice."
It Is evident, however, that Stark's letter
will not havo any appreciable effect on tho
other representatives from the South Platte,
for both Durkctt and Shallenbcrgcr expect
to push their bills. Burkett's, however, Is
tho bill which Is exciting the most talk,
duo to Its "shoestring" arrangement of tho
south district.
tViintn Prince to Visit Omaha.
Congressman Mercer today presented to
tho German ambassador, through Assistant
Secretary of State Hill, his reasons why
Prlnco Henry should Include Omaha In his
swing around tho circle during his forth
coming tour of thla country. Mr. Mercer
met with little encouragement from the as
sistant secretary, who said tho Itinerary of
the prince had been arranged and tho short
ness ot tho stay ot the distinguished vis
itor would not permit of a stop In Omaha.
It was stated, however, that MUnnenpolls
and St. Paul wero to be favored with a visit
from King William's personal representa
tive, and that it might bo easy to arrange
to visit Omaha and Kansas City on the way
to Chicago.
Compromise for Irrigation,
it
Congressman Snallenberger today Intro
duced a bill which is favored by many west
ern representatives, especially thoso living
In tho semi-arid region, as a compromise
measure, should no genera irrigation bill
get through congress this session. Shallen-
berger'B bill provides that at least ono ex
perimental station shall be established in
tho semi-arid portions of Nebraska, South
Dakota, North Dakota, Kansas and Okla
homa, for tho purpose of making experi
ments In soil culture and the conservation
ot naturo'6 moisture, for tho purposo of In
creasing tho productiveness ot thoso lands
without Irrigation. The bill carries an ap
propriation of $50,000.
Tho regent ot tho Kansas State univers
ity, who Is In Washington, Is heartily In
favor of tho project, as aro tbo members of
the delegations from Kansas, Nebraska and
other seml-arld states. It Is planned by
thoso in favor of tho bill to call In a body
on Secretary Wilson of tho Department of
Agrlculturo to securo his co-operation.
An effort will be mado by the senators
and representatives from Nebraska to In
cludo In tho general deficiency bill an item
appropriating $150,000 for the Burlington
railroad, which that company advanced at
tho suggestion of tho secretary ot war for
work done at East St, Ixiuls and Rulo, Neb.,
In tho way of revetments along the Mis
souri river.
IteaMOn for IUkr' Visit.
Tho reason for Charloy Rlggs presence
in Washington Is at last known. Ho de
sires to bo made superintendent of an
abandoned military reservation. Having
beard that the government contemplated
abandoning some old postB for tbo purpose
of concentrating troops at Important rail
road centers, ho asks for recognition. In
cidentally ho Is pushing the claims ot Its
ntrlco for a larger public building and
wants the government to buy forty fee:
more frontal of land upon wblcb to build
an addition to the present structure.
Mrs. C. F. Manderson, who has been kopt
to her room at tho Arlington tho last week,
Is considerably Improved, and it Is now the
Intention of General Manderson to leave for
the west about February 1.
Members of the Grand Array post of nine
Springs, Neb., aro aroused against Commls-
siouur Evnns and havo petitioned Speaker
Henderson through Congressman Stark to
order congressional investigation of Evans,
with a viow of ascertaining Just why moro
pensions are not granted.
For Neliriinkn PoMofllces.
Senator Dietrich today mado tho follow
ing recommendations for postmasters; Mc
Cook. F. M. KImmel, reappointment, term
nvnlrlnir March 9 next! Ailnmn. flnpn tnimtv
wr...n . . r ,
H. D. Horhame, vice H, J, Merrick, term
expires January 3j.
Senator Millard mado the following rec
ommendations: F. W. Barnhart, postmas
ter at Hartlngton, Cedar county, vlco T. B.
A. Watson, whceo term expires February
It; Uarnhart hod the Indorsement of F. O.
Ttnlilnsnn. countv chairman of forlnr rmmt..
as well aa all the members of the coun
fv
central committee, and the recent candidate
for congress from that district, John R.
Hayes.
Congressmen Burke and Martin of South
Dakota today recommended Martha k t ...
cue for postmistress at Camp Cook, Butto
county.
Department Notes,
These additional rural frnn
livery routes havo been ordered estab-
(.Continued on Bocond Pago.)
'
LUNGS CONGESTED BY GAS
Theory of Kxperl Offered nn Possible
Cause of jlllec'n
Death!
NEW YORK, Jan. 27. Tho second day of
the trial of Lawyer Albert T. Patrick, ac
cused of tho murder of William Marsh
Rice, brought It to tho point where the
causo of the death of tho millionaire It
sought to bo determined. The first' witness
along this line ot Inquiry Introduced by tho
prosecution was Dr. Hamilton Williams,
ono of tho physicians attached to the cor
oner's staff, who attended the autopsy.
The gist ot his testimony wns that the
lungs- were congested nnd that this wns duo
to tho Inhalation of some gaseous Irritant
nnd that chloroform could havo produced
such n condition ot tbo lungs. JIo later
said pneumonia could produco the same
condition.
Charles Plowrlght, the undertaker, who
was called In by Patrick to prepare the
body of Rico for cremation, testified that ho
had said to Patrick that it would require
twenty-four hours to prcparo for crema
tion nnd suggested embalming, to which
Putrlck consented.
John S. Potter, Plowrlght's assistant, tes
tified that Patrick bad rhown blm a letter
signed by Rice, expressing the wish that
after death his body should bo cremated. Tho
morning of the day set for cremation he had
been called on tho telephone by Patrick
and told that tbo cremation must bo called
off In conscquenco of a telegram ho (Pat
rick) had Just received- from Texas, but
that It would probably be held two days
later. The letter to which the witness al
luded was dated August 3, M00. It wns
admitted as evidence.
Dr. Hamilton Williams, a coroner's phy
sician, testified that tho autopsy on Rico's
body showed tho brain, heart and ktdnoys
normal, but an Intcnso Joogcstion ot the
lungs.
"I believe," said Mr. Williams, "that
nothing else than a gaseous Irritant could
havo produced tho condition of tho lungs.
I may say, instend of bolleving, that I know
from experience this' to be tho fact."
SCHLEY PUTS' IN A BUSY DAY
In Accorded Ilcarly necepUonn bj
School Children nnd Adult
Admirers.
CHICAGO, Jan. 27. The last day of Ad
miral Schley's sojourn In Chicago was full
of Interesting Incidents. Reception fol
lowed reception, and It is estimated that
during tho day tho admiral shook hands
with moro than 5,000 persons, men, women
nnd children.
Tho first item on the distinguished vis
itor's schedule was a visit to tho now
W. S. Schley school building, whero tho
pupils sang "Seo tho Conquering Hero
Comes." In his ehort speech he said that
honor and honesty aro the handmaids ot
valor. Ho said, too, that be was very glad
to have tho school named after him. A
small boy piped up: "I am glad they
named 'it aftor you," whereupon thero
wore shouts ot laughter nnd gcnoral ap
plause. At 11 a. m. twenty-two renrcsontatlves
of tho German societies '? "Chicago -pre
sented tho admiral with '.resolutions of
esteem.
At 3 o'clock Admiral and Mrs. Schley
wero tendered a public reception at tho
Auditorium hotel. The lobbies and ap
proaches to tho second floor corridor,
where the distinguished visitors stood,
wero crowded.
As tbo admiral and his wife ascended
tho stairway a chorus of fifty young women,
attired In sailor suits, sang, "Seo the Con
quering Horo Comes." In tho rear ot tho
reviewing stand a company of the first
ship's crew of the Illinois naval militia
was stationed as a bodyguard. Without
further ceremony tbo peoplo filed past,
shaking tho hands of both tho admiral
and bis wlfo Tho reception terminated at
5 o'clock, at which tlmo Chairman Mungcr
estimated that tho admiral had shaken
hands with 3,500 people.
A feature of tho reception was the wel
come accorded seventeen members ot Com
modoro Dewov's squadron at Manilla.
GIRL IS HER OWN AVENGER
State Fulling to Make a Case, MIsh
Scldlcr ShootH Clyde
. Pnttlaou.
GEDDES, S. D Jan. 27. (Special Tele
gram.) At attempt at murder was made at
Wheeler, S. D at 10 this morning, after tho
stato had failed to provo a caso against Clydo
Patttson. Mlag A, Soldier, tho complainant,
shot Clydo Pattison In tho back and shot
again, but tho second bullet missed blm.
At tho time tho corridors of tho court
houso were filled with people attending
court. A doctor probed for the bullet,
which ho could not find. The deed was
dotn with a 32-callber revolver.
Amanda Scldlcr bad sworn out Informa
tion against Clydo Pattison, accusing him
of seduction. Tho caso was called In cir
cuit court today. Judge Smith dismissed
the caso on account of a defect la the In
dictment. As the parties wero leaving tho
courtroom Amanda drew a revolver and
fired two shots at Puttlson, the first taking
effect In the back Just below the shoulder
blade, ranging down and Is supposed to be
lodged about tho kidneys. Tho second
missed. The doctors havo failed to locato
the bullet, and PattUon Is In a critical
condition. The girl has not been nrrestod
and public opinion is so strong In her favor
that It Is doubtful It she will be.
MEN ARE STILL MISSING
Ten Member of Capttiln Porler'a
Command of Marine Corpn
Fall to Ileturn,
MANILA, Jan. 27. The ten men of tho
command of Captain David D. Porter of tho
United States Marine corps who failed to
return from the expedition Into tho interior
ot Satnar, when Captain Porter and twenty-six
members of his party roached the
coast of that Island, January 24, aro still
missing and little hopo ot tbolr safe re
turn Is entertained.
COMMITTEE HEARS CANAL MEN
Monday Fixed un Date nnd Member
of Isthmian Coniuilnslon to
lie Heard First,
WASHINGTON, Jnn. 27, The Benate com
mittee on Interoceanlo canals did not make
a report today, but decided to havo hear
ings beginning next Monday. Tho membors
of tho Isthmian commission and such other
witnesses as may be desired will be sum
moned. Itycord lo He Sold nt Auction.
PHILADELPHIA. Jan. 27,-Asslstant
rnlted Slates Attorney uenerai James M.
Peck, us sneclal muster commissioner, bis
decided to sell tho Philadelphia Record at
public auction al noon en May 25 next In
uus city.
SCHOOL LEVI IS SIX MILLS
BmiA f Elnettloi Acotpti EitiattH tf
FiiAnit OtnmittM,
THREE MEMBER! VITE IN THE NEGATIVE
Chairman Mnynnrd F.xprnisen Opinion
that Levy Is Not High KiiourIi to
Prevent Increase In Float
Intc Indebtedness.
Six mills will be the school levy for 1002.
At last night's meeting of tho Board of
Education tho report of tho finance commlt
tco recommending that tho levy bo fixed nt
this figure was adopted by a voto of 0 to 3.
Members Horaan, Howard, Theodoro John
son, W. F. Johnson, Maynard, Mcintosh, J.
J. Smith, Stubbendorf nnd Barnard voted
for tho levy. Members Wood. Robert Smith
and Ccrmack opposed It. Members Levy,
Funkhouser nnd Andrescn wcro not pres
ent. After Cbnlrman Maynard of the finance
commlttco mado his report concerning tho
lovy ho was asked If ho believed that n
6-mlll levy will maintain tho schools with
out any Increase In tho floating Indebted
ness. Mr. Mnynnrd said that In his opinion
tho levy Is not high enough to prevent nn
Increaso In tho floating Indebtedness, but
the other two members of the finance com
mittee, J. J. Smith and Iloman, expressed
the opinion that tho levy Is sufficient to
carry on tho schools without further re
ductions In salaries or decreaso In tho
teaching force if strict economy Is prac
ticed. Tho lovy was opposed by Mr. Wood, who
said that ho was confident It would not
meet the expenses. Ho declared that ho
would rather make ,a heavier lovy than
have n deficit at the end of the year,
Robert Smith stated that ho bollovod tho'
levy wns sufficient to enrry on tho schools
very satisfactorily, but refused to vote for
It becauso it was coupled with a report
which advised nn apportionment of funds
which ho did not approve
Kxpcndltnre nnd Ilenonreen.
Tho expenditures and resources for last
year and the estimated resources and ex
penditures for tho present year are shown
In tho following tables, which wero In
cluded In the report of tho finance com
mlttco: Expended. Estimated
iyoi iio
Advertising $ 187.20 $ " 13.',
Architect's services 2,656.18 2,000
Hooks 6,241.31 S.000
Bond redemption fund.... 27,505.90 45,010
Cartage 200.M 30)
Census enumerators 904.50 1,200
Construction 2,549.23 25,000
Drawing, kindergarten
and music supplies .... 2,764. M 2,700
Election expense 2,732.91 2.70O
Electric power Kft.00 ISO
Kxnmlnlng committee .... 75.00 75
Express und freight 45tl.2ii 500
Fuel 14,929.87 18,tt
Furniture 871,59 3.000
Improvements 6,064.47 10.0CO
Insurance 1,790.20 2,830
Interest and exchange ... 46,261,77 47,050
Janitors 31,317,93 33,000
Light nnd fuel 716.2S m
Mnps. charts and globes. 3i;it? 200
Printing 1,765.40 l.SCO
riano rent and tuning. 48J2 loo
Rent 17.31 150
Keinlrs 12,172.55 10,000
Salaries officers and
clerks 11,260.00 10,00
Speclnl taxes 2,000
Stationery and supplies .. 9,223.93 9,(00
Sites l.ooo.oo
Teachers 308,130.09 271,000
Miscellaneous 1,393.22 1,500
Totals $192,933.13 $503,900
Resources. Est. Re
1901. sources 1902.
Liquor licenses $230,000.00 $230,000
8tato apportionment .... 42,414,87 44,000
Miscellaneous licenses.,.. 11,516.30 12,000
Sale of junk, etc 157.00 150
Non-resident tuition .... 1.140.75 1,000
Interest on funds 2,193.30
Rentals 851.0) KM
Police court fines 2,298.23 5,000
Miscellaneous sources.... 925.43 500
Tax collections, 6 per cent
mill levy, amount re
ceived 2,205.08
Tax collections, six mills,
total amount ot levy uio.uoo
Totals : $513,702.28 $503,900
Deception nt Illicit School.
W. F. Johnson called tho attention ot
tho bonrd to tho reception which will bo
held at the new High school building next
Saturday afternoon. President Barnard will
deliver a brief address at that time. John
Latcnser, architect, and tho members of
the buildings and property commltteo of
last year will also speak briefly, Mr,
Stubbendorf will present tho keys of the
building to Principal A. H. Waterbouso.
Music will ho furnished by members ot the
High school.
Tho Omaha Carpet company was awarded
a contract for wlndowshades for the new
High school building on a bid ot $276. Five
other bids were received, ranging from
$291 to $357.
A resolution was introduced by W. F.
Johnson providing that tho Omaha Street
Railway company shall bo askod to sell
High school pupils street car tickets at tbo
rate of thirty for $1.
Frank Johnson was appointed to act as
page to tbo board for tho year 1902.
Attorneys for George H. Hess asked for
a conference with tbo board concerning the
$1,200 said to bo due Hess for services as
truant officer. Their communication was
referred to tho auditing commltteo and the
board's attorney.
DECIDES F0R0MAHA ROAD
Jndnre Humphrey Itnlea Airnlnnt Hale
of Omnlin, Kaiman City Jb
llnNtern Hallway.
SPRINGFIELD, 111., Jan. 27. In tho
United States circuit court today Judgo
Humphrey entered a decree contrary to
that entered by Judge Amos Thayer In the
United Stutes circuit court for tho western
district of Missouri In tho caso ot Samuel
Fordyco and Webster Withers, receivers
ot tho Kansas City, Pittsburg & Gulf Rail
road company, nnd others against tho
Omaha, Kansas City & Eastern Rail
road company, et al,, to forecloso a mort
gage of $867,000 and interest, amounting In
all to $918,367, and ordering the sale ot tho
Omaha, Kansas City and Eastern road at
Pattonsburg, Mo.
COLLINS REFUSED REHEARING
Man Convicted of Mnrder Fall lo
Obtain n Xetr
Trial.
TOPEKA, Kan., Jan. 27. Judgo Haien in
tho district court today refused the writ
of coram .nobis for John Collins. The writ
was asked for the purpose ot securing a
new trial ot tho Collins murder case. Tbo
questions arising over tbo writ will be ap
pealed to tha supreme court.
John Collins was convicted three years
ago of killing his father, J. S. Collins, a
prominent real estate man ot this city, Mr.
Collins, sr., carried a large amount of Ufo
insurance and to securo this was said to
have been the motive lor the crime.
CONDITION OF THE WEATHER
Forecnst for Nebraska Fair Tuesday!
Wednesday Fair with Rising Tempera
ture; Easterly Winds, Becoming Vari
able, Temperature at Oiunhu Yeslcrdnyl
Hour, Heir.
Hour,
." n. m lo
41 a. tn Hi
T ii. in lit
H n. in lli
l n. tn It
to n. in N
11 ii. m i
12 in
Indicate
llelow Zero.
ROBBERS HOLD UP A TRAIN
Seven or Illulit Men Perform Daring
Deed nnd Make Their
F.HCniic.
RRANCHVILLE, N. C Jnn. 27.-A' care
fully planned nnd audacious express rob
bcry took placo nt 7 o'clock this even
ing on tho Southern railroad, when the
passenger train from Charleston reached
nearly tho exact site of tho successful rob
bery of two years ago, flvo miles from
HranchvlllA
Seven or eight men were riding on tho
platform between tho englno and baggngo
car, concealed by tho darkness. None wero
masked. At tho flfty-flvo-mllo board two
men crawled over tho tender and covered
the engineer, John Reynolds, with Win
chesters. They fired two Bhots, ono ball
passing through Reynolds' cap. Flromnn
Oobb escaped by Jumping off. Conductor
Hlack, who ran out, wns covered nnd or
dered bncV. By order of theso men a brako
man uncoupled tho m,ill, baggage and ex
press cars, which wero taken to Fifty
Eight station, leaving tho rest of tho cars
on tho main line. Hero several shots wero
fired Into tho express car, and ono man
climbed up, covered Express Messonger Hall
with a Winchester and compelled him to
open tho door. Threo men entered tho car
aud stripped tho local safe.
Thero was only n small amount of booty
In tho local safe and no one horo knows
tho contents of tho through safe. No mall
or baggago wps touched and no passengers
wero molested.
No measures havo been mado so far to
follow tho robbers. Tho leader Is supposed
to be Uarton Warren. Warren was ar
rested, charged with having, single-handed,
robbed tho Southorn express car Just below
Drauchvlllo lu 1899.
HIGHER PLANE OF MORALITY
Condition In riilHunliic Arc lie
ported Mneli Improved hy
' MlnUter.
COLORADO SPRINGS, Colo., Jan. 27.
Rev. A. h. Hazclctt of Colorado City, In his
report to tho Var department on moral
conditlonn In tho Vhlltpplnes, states that
tho moral conditions In tho islands have
materially Jmproved oinco tho American
occupation.'
Speaking of the valoon, ho said tho strict
dlsclpllno put In operation by General Otis
has borno fruit and that a law to prohibit
gambling had also been put into effect re
cently. Mr. 'Hazelctt. make tho following
rocoinmondaUona:
First A government appropriation for tho
establishment of soldiers' institutes nnd of
the non-alcoholic features of tho post ex
change iiystcm.
Second A general order prohibiting tho
sale of vino to soldiers.
Tnird the Investigation of tho charges
against officers nt Jolo, charged, and I bo
llevo Justly, with maintaining houses of 111
fnmn without knowledge at the Wnr ,in.
partmcnt nnd contrnry to army regulation.
STREET CAR BADLY WRECKED
Collide vrlth Train nnd In Cnrrled
Down the Trade Some
DNtRnoe.
CHICAGO, Jnn. 27. Twclvo persons were
Injured, ono perhaps fatally, by tho col
lision of' a street car with tho limited pas
senger train on tho Mllwnukeo & St. Paul
railroad this evening. Tho accident oc
curred at tho West Chicago avenue cross
ing ot tho railroad, which Is watched by
n gateman. No arrests wero mado, as tho
pollco wero unablo to fix tho blamo for tha
accident. Tho streot car was smashed In
nnd carried thirty fcot down tho track.
Tho wreckage caught Are and soveral ot
tho passengers woro slightly burned, '
Tbo most seriously hurt Is John Oscack,
who was taken, unconscious, from tbo
wreck ot tho car. Ho Is badly cut about
the head and has Internal injuries. All
the others will recover.
KILLS MAN INJDHURCH PEW
Persistent Jlullor Hhool Sweetheart'
Uto titer, Who Objects
to Match.
CHILLICOTHE, 0., Jan. 27. Joseph Cox
shot and killed Howard Ratcllft at church
Sunday evening nt Eaglo Mills, fifteen miles
cast of hero. Cox bad been paying atten
tion to Rntcllft's sister and Ratcllff strongly
objected. Cox took Miss Ratcllff to church
last night and when Ratcllff saw them to
gether In church bo at onco nssualtcd Cox,
who drew n weapon nnd fired, tbo ball pass
ing through Ratcliff'fl body. Ho fell In tho
alslo and expired amid the shrieks of ter
rified women,. Doth men are of respcctablo
families and both are school tenchers, Rat
cllff married a sister of Cox. Cox was ar
rested and taken to McArthur today.
MOB LYNCHES TWO NEGROES
Accused of Murdering a While Mini
In Trouble Over Hume
Hok.
NEW ORLEANS, Jan. 27. Two negroes
havo been lynched In a distant portion of
West Carroll parish, Louisiana, for the
murder of O. N. Grant, n pollco Juror from
Floyd. .Grant, wbllo out hunting with a
friend named McKay, camo upon somo ne
groes who bad killed and were cleaning
hogs. Ho found that tbo animals wero his
own hogs and nttempted to arrest tho ne
groes, when ono of them flrod at blm, tho
bullet ontorlng his brain, McKay amused
tho whltos In tho neighborhood with tho
nows of tho murder. A posso was hastily
forraod. Threo negroes woro captured nnd
two of them wcro lynched nt once.
Movement of Ocrnn Vrel .Inn, -7.
At Now York Arrived Cnlabrlan, from
Genoa nnd Naples; Mlunehuhu, from In
don. At Portland, Me, Arrived Dominion,
from Liverpool.
At Muroran Arrived Forerlc, from Port
land, Ore., for Manila,
At Manila Arrived Oscano, from Ta
coma. via Muroran.
At Liverpool Arrived Etrurla, from New
York.
At Plymouth Arrlved-Knlscr Wllhelm
der Grosse, from Now York, for Cherbourg
and Hremen. Sailed Patricia, for New
York.
At Hnmburg Sailed Patricia, for New
York.
At Hremen Sailed Brcslnu, for New
York, via Southampton.
At Gibraltar Arrived Travo, Irom New
York, for Naples,
SIX MEN ARE KILLED
West Dntk frm Tmltlo Izploilu ii
Itart of Hw Ttrk.
EIGHT OTHERS ARE SERIOUSLY INJURED
Million Dtllirs Dtatp ! Dtu to Itlld
lip Nsttij.
CAUSE OF THE WRECK NT DETERMINED
OsMbuitlii f Hif h ExpltiiTM frn Tin
ksswi Umi.
DEBRIS FLIES IN VARIOUS DIRECTIONS
(rand Central Station I lladly Dnin
aned, Hoil(aI .Shattered and
Other Structure Merl
oiiRly IHnflKurcd.
NEW YOItlc. Jon. 27. Tho reserve sup
ply of high explosives stowed at tho Tark1
nvenuo shaft of tho Rapid Transit tunnol,
now In course of construction, blow up
shortly nfter noon today. Tho giant blast
killed six porsons, Injured eight moro and
seriously damaged all the property reached
by tho flying dobrls aud tho vibration of
tho shock.
The Irregular r.nuaro formed by tho Mur
ray Hill hotel on tho west, tho Manhattan
Eyo and Ear hospital and tho Grand Union
hotel on the cast nnd tho Ornnd Central
station on tho north was tbo sceno of tho
explosion. Tho buildings named sustained
tho greatest damnge, but tho nrea affected
extended for soveral blocks in tho four di
rections from the center.
Tho killed were:
CVRUS ADAMS, Murray Hill hotel.
JAMES CARR, 32 yenrn, a waltor em
ployed nt the Murray Hill hotel.
LAWRENCE HINB, 20 years, of Ansonla,
Conn.
J. RODERICK RODBRTSON of Nelson.
B. C, a guest at tho Murray Hill hotol.
RALPH II. THOMPSON, assistant engi
neer (all outsldo reports seem to agree n
to his death, but bis body Is not reported
by the pollco or by tho hosoltals).
THOMAS TUI1US, master mechanlo for
Contractor Im A. Shnlcr.
Tho list of Injured is an exceedingly long
ono, but most of thoso in It havo only cuts
caused by flying glass. Thosu moro seri
ously hurt nro:
Walter R. Bristol, 60, Murray Hill hotel,
concussion of brain, St. Vincent's hospital.
Charles D. Gaines, Now York, shoulder
dislocated and many bruises.
W. J. Nok, 31, Now York City, sovere
scalp wounds.
Mrs. Benjamin Moore, 35, Madison N. J.,
Manhattan hospital, faco und hands cut.
Rov. Father Ryan, Now England, hoad,
.faco and arms cut.
Wleas, Now York City, scalp wounds,
concussion ot brain, internal injuries.
Deh'rl Hurled lit Hotel.
J. Roderick Robertson of Nolson, B. C,
wns killed by debris hurled with tho forco
of artillery Into his room at tho Murray
Hill hotel. Ho was gonoral manager In
Canada for tho British Columbia Gold Fields
company, limited, nnd a prominent citizen
In tho community whero ho lived. Ho wan a
Scotchman and leaves a wlfo and four chil
dren. Tho sunken approach to tho street rail
way tunnol used by tho Madison nvenuo
lino cuts through Park avenuo and the shaft
for tho Rapid Transit subway was run bo
sldo It at tho intersection of cast Forty
first street. Tho streot railway approach
was housed over with u superstructure used
for operating the plant of tho Rapid Tran
sit contractors. Temporary buildings for
Htorago purposes wcro thrown up ngalnst
tho supcrstructuro nt tho mouth of tho
shaft, and thero tbo explosion occurred.
It toro a great gorgo in tho street, de
molished the temporary buildings nnd part
of tbu superstructure and sent a mass ot
earth, splintered timber and twisted Iron
high in tho air. Much of It went battering
against tho front ot tho Murray Hill hotel,
and although tho walls and main structure
of that building stood tho shock, nearly
every room In the front ot tho houso was
wrecked.
Itoaiillal I Abandoned,
t
The Manhattan Eyo and Ear hospital, In
tho cast side of tho avenue, tared nearly
ns bad and bad to bo abandoned by tbo
management. Tho Ornnd Union hotel lost
all ot Un windows and glass partitions nnd
practically every front window In tho
Grand Central station was shattered. Tho
great clocks on Its front towers wcro blown
from their cases. Thousands ot windows,
somo of them seven blocks from tbo tun
nol shaft, fell In fragments. It was the
shower ot broken glass nnd falling debris
that injured the greatest number.
Fortunately tho explosion occurred at
tho noon hour. Not(moro than 100 persons
wcro In tbo main waiting room of tho
Grand Central station. Somo of these wero
slightly Injured by bits of glass. Four
tlckot sellers wero cut about tbo beads
and arms with tho flying debris.
Clerk Stay at Their l'ols.
Tbo clerical forco in tho executive offices
of tbo New York, New Haven & Hartford
railroad, which occupy tho floors above th
first In tho eastern wing ot tho dopot, wort
thrown about by tho uhock. Chief Dis
patcher G, II. Wilson and his four assist
ants, who were directing tho trains of
tho Now Haven lino, having several hun.
drcd trains to look out for, wcro scratched
with flying glnsa, but did not leavo tbolr
chairs oven when they could not seo their
Instruments on account ot smoke-. One
man, Foster, who was watching n single
truck strip In Connecticut, did not even
get up to look at tho ruins after the sraoko
cleared away.
Tho station tonight presented somewhat
the appearance, of a. dismantled castlo, with
tho big wlndowB only ragged holes.
General alarms brought firemen, pollen
reserves and ovcry nvallabla ambulance to
tho dUtrlct. A majority ot tho Injured
woro treated on tho spot, and the wbtte
coatcd ambulanco surgeons worked tor an
hour In tbo debrls-strown streets. Pollco
lines woto thrown over across cither cad
of Park avenuo and across tho Intersec
tions) ot Park avonuo.
C'nime of Accident,
The quantity of explosives blown up and
tbo cause aro not definitely known, Sevoral
causes nre given, Ono was that a ftro
started near tho powder room, aud tho mas
ter mechanic, William Tuggs, lost his life
in a desporato attempt to quench tt before
It reached the deadly fuel. Another was
that It started from a spark produced by
a etray current of electricity. A third
placod tho blamo upon a blast in tho tunnel.
Btlll another gavo a gas explosion from
electrical contact la tbe trolley conduit of