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About Omaha daily bee. (Omaha [Neb.]) 187?-1922 | View Entire Issue (Feb. 11, 1902)
The Omaha Daily Bee.
ESTABLISHED JUNE 19, 1871.
OMAIIA, TUESDAY HORNING, FEIIRTJAKY IK 1902-TEN PAGES.
SINGLE COPY FIVE CENTS.
FORCES BAM TO RUIN
Vica PrHidnt T1m UpOm lllin Dallar.
'RACTICALLY WRECKS THE INSTITUTION
AmeiBt Dfaltd ia Tklrd f tha Eatira
STATE. COMMISSIiNER TAKES CHARf'
AlBtllttmtnt Exonrata th DirtoUn 7'',' "le within the last ten day. KyI
, . t, , 't.. . that she w strangled la found In
DEFAULTER PLACED UNDER ARREST
Criminal Irregularities anil Reehlesa
peculation with Beak's Panda
Are Asalsrned Cnnse
DETROIT. Fb. 10. Vice. Pret!dent Frank
C. Andrews of the City' Savings bank, which
has been In the banda of the State Banking
Commissioner George L. Malt since thla
morning, was arretted late thla afternoon
and arrlgned at 1:30 o'clock tonight on the
charge of wilfully, fraudulently and know
ingly securing from the bank without se
curity and without knowledge of the other
director, a aura exceeding $1,000,000. He
was released on $10,000 ball and bis exami
nation was set for February $1.
Cashier Henry C. Andrews, through
Whom F. C. Andrews Is said to have se
cured the money by means of overdrafts
and certified checks, Is 111 at hla home with
In addition to a total Indebtedness to the
City Eavinfe bank of $1,158,000, to secure
which Mr. Andrewa has signed over to the
Institution all fats real estate holdings and
atock, bonds and other securities, which It
la estimated will total about $1,000,000.
Four local banks and a trust company hold
his checks, certified to by Cashier Andrewa,
to the amount of $662,000. A considerable
number of these checka are protected by
. securities deposited with them by Mr. An.
Allowed to Overdraw.
As soon as Commissioner Malts took
charge of the bank be began an examina
tion of Its books. "It was found that
Cashier Andrews had permitted F. C. An
drew to overdraw hla account $914,000.
Other liabilities brought F. C. .Andrews'
total Indebtedness- to tbs bank up to $1,
158.000. In addition to thla' Cashier An
drew had certified to check for F. C. An
drews which he had deposited in other
hank to th amount of $663,000. At the
close of' hla examination Commissioner
Malta tonight issued the following state
ment of th bank' condition at the close of
business February :
Resources Total loan and discounts.
bondH, mortsaRAfl' and securities ii.;Mj.txu;
overdrafts 'I3.852; real estate $10.8.99: cash
. In banks. 12W.KII7: other aeaets 118.922.
Liabilities Stock, aurplus and undivided
pronts i$,ZU; deposits, jJ.tfio.tJl.
- The examination showed that the record
' Of F. C' AoJrewa'.VAi"a!tIonr was not kept
In the regular way, but In a memorandum
book. The first record of a transaction be
tween Cashier Andrewa and F. C. Andrew
1 January 11. hut tba examiners estimate
that tba transactions have been going on
for, about aix weeks. President F. C. Fln
tree explained the manner in which the cer
tilled checka waa obtained as follows:
. How Checka Are CertlSed.
F. C. Andrews would draw a check for
(in amount he wanted and have it certified
bv the cashier. Henry R. Andrews. He
would present thla certified check to the
nannn with whom he was doing business
and aak him to ho d it out for that day a the
bank was not In funds to meet It. Perhaps
he would thu hold It out for two or three
oays, and eventually, when there was
money enough In the bank to meet the
claim he would go In and take it out.
There would be only a slip of paper In the
drawer and the withdrawal would be put
down as a cash Item. With this money
he would In person pay the certified check
and tear it up. This was done time and
The directors Issued the following state
tnent in regard to the suspension:
In justice to ourselves, our depositors and
nkhnllra. the understaned directors of
the City Saving bank make the following
atatement: . .
Early on Saturday morning we learned
for th first time that Henry R. Andrews,
.hir nf the hank, had allowed Frank
C Andrews to overdraw his account In the
sum of over $9U0,0u0, -and had also, with--,.1
nniwrattiii. certified said Frank C.
indri' checks for over ."UO.OOO. all of
which checka were outstanding., , The bank
waa Immediately put Into the hands of the
U. Anurewe naa luiiicn gw w i-iiw wn.
large amount of aecurltlea, from which we
fcone to ty our denoaltora in full.
The banking commlastoner haa deemed It
the wisest policy to close the bank for the
present, for the bnt Interest of all de-
Iioaiiore. Outside of the Frank C. Andrewa
ndebtednens and checks the bank was
never in a better condition.
K. C. PINGRFK.
WARD U ANDRPB.
JOSEPH BC'HI LTE.
V. B. OSBORNE.
W. T. M UHAW,
Detectives Servo 'Warrant. .
The City 8avlngs bank waa th depository
for th funds ot the county auditor, their
halancea there being mora than $150,000,
and F. C. Andrews was arrested thla after
noon on a complaint sworn out by Auditor
Chrlstlaa, after a long conference between
the auditor and Prosecutor Hunt. The
warrant waa served oa Andrew, who I
commissioner ot police, by two ot hi de
tective In th office ot th Detroit Truat
company, where h had been la consulta
tion with the officer ot th bank holding
hi certified check.
The City Savings bank was also tha de
pository for the Board of Educatloa, which
had a total of $467,000 on deposit. Other
local banks will temporarily advance funds
to . the Board of Education for salaries
nd running expenses.
At a meeting of the clearing bouse asso
ciation this afternoon the tollowlsg state
ment waa Issued:
Resalt f Crlmlaal Condnet.
The disaster which haa befallen the City
(Savings Dank Is the result ot criminal Ir
regularities confined entirely to that In
stitution and caused by the rash specula
tion of its vice preeldent, who controlled
the management and betrayed hla truat.
The bank baa ben expelled from th as-
am-iallon. Tha omct-rs of this association
desire to etale to th public that there la
no need of apprehension regarding any
other bank tn the city. Th present rondi.
tlon ot the banks, aa shown by the weekly
statement furnished to the clearing house,
raveala an unuauully strong ehowtna In
reserv and cuah reaources. and the fair
name and good reputation of th banks of
Detroit will not suffer by reaaon of this
trouble. M. w. u tmitN,
K. c. BOWMAN. Secretary.
Other Banks Not AaTocted.
Thr wa nothing Ilk a panto at any
of th other bank In th city and com
paratively few deposit were withdrawn M
result of tha excitement.
At th Oral tot Aveau branch of th City
tUvlag bank, which draw 11 deposit
BELIEVE GIRLWAS MURDERED
Police Have No. Cine to vVhereaboat
f Man laapsiril 4a Have
SAN FRANCISCO, Feb. 10. The mystery
surrounding the murder of 16-ye.r-old
norm ruiier, woose nuns Doay Wll rounq
on a Jed In an unoccupied house on Sutter
street, remains unsolved. The result of
the autopsy has made It practically certain
that the girl was chloroformed and then
strangled. Although she disappeared four
weeks ago. when she met man calling
himself John Bennett, in answer to an ad
vertisement for a girl to care for child.
he autopsy surgeon Is positive that she
. , mat tnere were BDrasioua on un
ne. r. " that a cord, small but strong
and . ' 'ng seven feet In length, with a
bow k. . ' one end, was found In the
toilet. -. , strands were blood stain.
Two handk, covered with blood were
also found. ,umsy attempt bad been
made to burn ue handkerchiefs, but they
were enly partially destroyed.
There Is nothing to Indicate that the girl
and Bennett, who, under the name of C. B.
Hawkins, Is believed to have rented the '
t.n.,.. it.. ... XTolth.. m-.t.r .nr Ma I
had been turned on, and the neighbor
heard no sound from the place. Among
scrap of paper torn from the Denver Post
of January 9. The man known as Ben-
,i ,, ... i... tt,. I
house on the day before the paper left the
press In Denver, and as he alone had ac
cess to the place, it was he alone, who
could have carried the scrap of paper
A dispatch from Muncle, Ind., say. that
three month ago there disappeared from
that place Charles R. Hawkins, a bar-
keeper, who Is alleged to have taken away
13.600 belonging to Mrs. Sarah William.
The police of the country. It la etated,
have been requested to arrest him. Hla
..n.inin th.t f r n Hawktna
or John Bennett, who rented the Sutter
.i..t The nollce. however, are
ithnnt . nn.itiv. rl.m to the BunDosed
An alibi haa been established ter N. B.
Serebrenk, whose card was found in the
purse of the dead girl. It was ascer
tained that he sailed for China on th
evening of the 18th' of January, several
hours before the girl's disappearance.
CHICAGO MANG0ES TO WEST
C. D. Daaana of Great Wester Ac
cepts Advanced Position with Pa
cle Coast Company. ,
CHICAGO, Feb. 10. Mr. C. D. Dunann,
city passenger agent for the Great "West
ern railway of thla city, haa been appointed
general passenger agent of tba Pacific
Coast Steamship company, with headquar
ters at San Francisco. His appointment
will take effect March 1.
Mr. Dunann b-gaa life a a telegraph
operator and ticket agent on the Baltimore
at unio, at
with that company until 1878, when he waa
canr In. Chicago. He resigned la March,
1(7, to -acaept a aoaltli -as, manager, aj
the American Telegraph company of .Fort
wayne. .no... '' J"""
pany to accept aervlce with the Pennsyl-
vanta in September. 18,6. where promotion
roiioweu iun, i" "
Dice to that of secretary to C. K. Oor-
ham. then general ninger of the Penn-
sylvanla company In Chicago, whera he re-
malned from 1878 to 1881, when be was I
appointed assistant city ticket agent or that
company at Chicago. On December 1, 1882,
he was appointed city ticket agent for the
Nickel Plate at Chicago, when that . road
was opened for traffic, remaining In. that
position until March. 1883. ' when he was
appointed assistant upertntendent of th
western cms on oi iu 0y.uy.-wu.cu
position he held until 1 July IB 1886. when ha
engsged with the Wisconsin Central a
ticket agent at the opening of that road out
of Chicago. He resigned that position August I
1, 1887, to accept the position of city pa-
senger and ticket agent In Chicago 00 the
opening of the Chicago Great Western rail-
way (then the Minnesota V Northwestern
railroad), in whose service he ha re-1
mained. . ' I
Lake Shore's New Superintendent
CLEVELAND, O., Feb. 10W, H. Mar
shall haa been appointed general aupertn
tendent of the Lake Shore road, to succeed
A. H. Smith, who was recently appointed
general auperlntendent. ot the New - York
Central lines. Mr. Marshall nas ciioa tn
' .uperlntendent of motive power
ot the Lake Shore for a number of year
FAITH IN UNITED STATES
General Gomes Believe Government
Will Fainil Pledgee to
8ANTIAGO, Cuba, Feb. 10. General San
tiago Goraei arrived her today oa hi
way to San Domingo.' He waa given a
great demonstration. A Urge crowd waa
assembled with bands. Th police and tha
firemen also turned out to welcome him.
General Gomes wa aver to discussing
th political situation. Ha aald, however.
he believed th United State would fulfil
their pledge to establish a atabl 1 gov
ernment In Cuba. Thla ha considered Inv
possible without close commercial relation
between tbo two countries. He believe
a close commercial treaty will be neces
sary. He felt that a reduction of 50 per
cent on Cuban sugar and tobacco Imported
into the I'nlted States would be granted.
He also declared that th people would ap
preciate even a smaller reduction on the
FAMOUS WITNESS IS DEAD
Kaaaaa Whoaa Testimony Waa Killed
by Lincoln's Shrewdness Dies -from
TOPEKA, Kan., Feb. 10. Joseph A. Doug.
la wa killed last night at hi home in
Llndon by falling from a load of corn.
Mr. Douglas wa th witness la the his
torical Armstrong murdsr trial tn Illinois
when William Armstrong was cleared by
Abraham Lincoln. Douglas wor at th
trial that h aw young Armstrong strlk
th fatal blow, saylug that th moon was
vary bright at th time. Mr. Lincoln then
produced an old almanac a hi only wit
ness, from which he proved that there wa
no moon on th night in question.
Will Ohaervo Lincoln's Birthday.
NEW YORK. Feb. 10. Lincoln's birth
dav will be obaerved In the financial dis
trict. All the banks, truat companies, ex
changes ami similar intituiin win b
cload, as well aa tha government omces.
Get Into r'ast Campaay.
SPOKANE, Wash., Feb. 10. -W. Sails
haa signed with th Philadelphia, NaUuiiai
KQJ HIS DOUBLE PSEDXOSIi
FraicUnt'a Bey in Itrioaa Coalition, with
Littla Cbtif. .
CRSS EXPECTED TiDAY OR TOMORROW
Temperntarc Rlttt, While Respiration
Declines, bat Pnlee la Stronger
PrtsKeal Calls the Faanllr
OROTON, Mass., Feb. 11.-2:30 a. m.
The condition of Theodora Roosevelt, jr.,
at thla hour I apparently very serious, for
lights can be seen in the infirmary and
nurses and doctors are moving around.
For the last bait hour the vole of the boy
calling for water could be heard on the
street. Nothing could be obtained from the
house, but it is believed the patient I de
GROTON, Mass., Feb. 11.-3:30 a. m. The
excitement In the infirmary haa subsided
and it ia understood that the patient is
resting easy. An hour ago he complained
of difficulty In breathing . and the pain
cauaeo. some neurium. ai ioia uwur
d that . the patient 1 no worae than
"ier in tne nigm,
urivjiyn. mae... reo.
Roosevelt. Jr.. the oldest ton of President
Kooseveu. jias aouoie pneumonia, wnw
wise his condition is unchanged tonight.
The boy 1 seriously sick, but It 1 too
early to say what the chance are for hi
This was the statement Issued by George
B. Cortelyou, secretary to the president,
at p. m., and was made after a careful
examination by Dr. Lambert, the Rooee-
nr phyatclan, who arrived from
Nw Tork at p. m.
President and Mr. Roosevelt spent a
nK. xlou. oT tn the infirmary, awaiting
the crista of the disease, which this morn
" appeared to have taken auch a .trong
- of their son. The change for the
worse in tne ooy condition occurrea our
lug loo mgnt lua inowra iiaeu wueu m
regular morning examination was made by
Dr. Shattuck and Dr. Warren. Secretary
Cortelyou, who ia the only mean of com
munlcatlon with the sickroom, made the
announcement this morning of the pa-
tlent'a serious condition, although he said
then It was not alarming.
Temperatare fa Hlarher.
"Hla temperature Is higher," said Mr.
Cortelyou, "and hla respiration is weaker
than yesterday, but his pulse la better."
He also said there was no immediate
change, only the natural progress of the
disease. He announced that the disease
had spread and Involved both lungs. This
sudden and unfavorable turn warned the
president that the most skillful medical
treatment waa necessary, and . tonight he
called to th aid of Dr. Shattuck and War
ren hi family physician. Dr. Alex Lam
bert of New York, an eminent practitioner
and a man well acquainted with the boy'
The decision . to . call for Dr.
Lambert waa made after consultation of
... ,,,,..,. ,h. ,.t. ..
doctor left New York at - Bon, arriving
bera aherttv aftr np.tAck
tnrm of p.eldent Roosevelt to Wfcshlngton.
He can remain 1n Oroton for ten day at
IeaBt go far M th1 ure ,f buslne,B ta
concerned It ,eem, probao tht it will
be a week before ha leaves. Every facility
, bMQ given hlm wth . rt t com.
raunlc,tlon wlth Washington. . A special
te,eDnone llne. ... be.n run from th.
rtArw. . wh-
Houl!e for tte preBldenf. private use. All
the presidential mall comes to Groton by
way of Worcester and Ayer,
It waa learned today that another atudent
of th ini.n T...- i- re
, , wUh pneumon)ll t n home-
The otner two Howar(1 K Potter of
New yor Bd y, QammtU ot Provl.
encei who are , ,n choo, bu,dn
wttn MB disease, : were reported
.i.-v.,- ,m'nTnwl, fM, mnin-
Young Theodore asked for his father
early In the day and aeemed anxious that
he should remain with him. A special me-
senger arrived from Washington at. 10:30,
bringing document requiring the presi
During the day frequent word waa re
ceived from the sick .room through Mr.
Cortelyou that everything showed the boy's
condition was unchanged, although at night,
Mr. Cortelyou aald he had a hard day.
I Dr. Lambert waa met at the atatlon by
Dr. Pea body, the principal of the echool.
,n1 ariVen to the Infirmary. After a brief"
consultation with Dr. Shattuck and War-
I ren ne proceeded to the sick room and
I mnita . fila lamfnittnii nf t . . luiv Th.
party then' went to Mr. Gardner's house
for dinner, and there the result of the
doctor'a - examination wa made known. It
confirmed the diagnosis made by Dr. Shat
tuck and Warren, and Dr. Lambert readily
agreed with them that the boy'a condition
wa serious. '
President Spend Aaxloo Day.
Th president remained in or near the In-
firmary all day, walking over to tha Card
I ner house for lunch shortly after 1 o'clock.
and a little later taking a brisk walk about
the school ground., Ho did not leave th
Infirmary . again until ha went to dinner.
Mrs. Rooaevelt remained indoora all day.
During the day th telephone and tele
graph wlrea f the White House were kept
busy, . it was thus possible for th presi
dent to transact- considerable business of
a pressing nature. ,
Young Roosevelt was taken 111 last Thurs
day, so that tonight he entered upon hi
fifth day. Tbo crisis is expected tomorrow
or Wedneaday. AH report from the alck
room show that the patient keepa up his
strength and that be take some nourish
The bulletin Issued from the sick room
at 11 p. m. stated that tha patient s con
dltlon waa unchanged. Th patient spent
th entire evening la the Infirmary. The
condition of young Potter and Gammel wa
aid to bo much Improved tonight
SOLDIERS HANGED AT MANILA
Men Who Deserted America a Army
' for Iaaarareat Band Speedily
MANILA, Feb. 10. Edmund A. Dubos
and Lewis Susaell, deserters from Com
pany E, Ninth cavalry, and who atola arm
belonging to tha regiment and joined tha
Insurgent in August last, for which they
were tried and aentenced by a military
court were hanged today at Gulnobaa, in
th presence ot $.000 people. -Th execution
wa orderly. It wa supervised by Captain
Henry H. Wright ot the Ninth cavalry, com
manding the post. .
Several native petition were received
urging clemency, but the authorities failed
to see any reason to delay "tha execution.
th men commuting a fuwrraat breach ot
th military cod In thUm of war.
PATRICK'S COUNSEL ON STAND
Telia of (leereta Which Are-wsed Re
osed In Hla After Death
NEW YORK, Feb. 10.--Th trial of Albert
T. Patrick, charged with the death of Will
iam M. Rice, was resumed today after a
lapse of six day, owing, to the Illness of a
The most Interesting part of the trial
today was the move of the slate In plac
ing In the witness box John R. Pott, a law
yer and banker and at one time at least r
friend of the accused. Mr. Pott said
among other things that Patrick, a few
days before bis arrest, but after Mr. Rice's
death, had retained him as counsel and
that the tie bad not been severed.
Mr. House, of counsel for defense, ob
jected strongly to the testimony being ac
cepted by the court- oa th ground that
Mr. Potts conversations with Patrick were
privileged. The court, however, allowed
Mr. Potta to testify to matter prior to
The witness said he had known Patrick
since 1870, becoming Intimate with htm
He had never seen Mr. Rice in Patrick's
office, though the latter wa In the lame
suite aa hi (Potts') office.
Patrick had told him a rich client had
died and made him residuary legatee. Pat
rick had also shown him many of the docu
ments now In dispute among the "Patrick"
will, and be had told Patrick he did not
think the will would hold. Patrick replied:
"That's all right; the estate 1 practi
Mr. Pott also advised Patrick not to
fill out and use the blaak checks purported
to have been given hint by Mr. 'Rice and
Patrick replied that he would use the
money as Mr. Rice had Intended that tt
should be used. Patrick had told witness
that Rice had named him as residuary leg
atee because of his personal regard for
him. He also told wltnes the day before
Rice died that he had not sees him for a
Then Potta swore that the day after the
death Patrick brought him a check for
$25,000 ud ashed him to get It certified.
This he had done, a he had done with
other checks. The defense confined Itself to
asking Potts If Patrick had told him he
was to receive the estate aa trustee, and
the answer waa that he had.
John T. Potter, the undertaker who em
balmed Rlce'a body, was called aqd test!
fled that he gave a sample of the fluid to
Professor Wltthaus for analysis.
Andrew T. Ralph, as, real estate dealer
at Houston, Tex., identified some letters
written by Mr. Rice, one of which by Its
postmark showed that H waa mailed after
Rice's death. He aald he bad had business
relations with Mr. Rice for about six year
and never heard of Patrick la connection
with any of Rlce'a affair.
At this point the court was adjourned
REACH .SOME REAL RESULTS
Presbyterian Revisionists Make Clear
. Position on Elect, Infant and
' Other Iasnes.
' '. - . .
PHILADELPHIA, Feb.5Mf-The - .creed
committee of the Presbyterian church, now
sitting in this city, disposed ot considera
ble work today, It coming to a definite de
cision on several. vital points in th con
fession of faith. The work done 1 best
ummed up In the official statement given
out by Dr. William H. Roberta of this city,
the stated clerk of tha general aBiembly
and the aecretary of the committee. It is
The work nf the rnmmtttn an far na mm.
pleted provides a declaratory statement for
Chapter lit of the confession of faith on
Eredestlnation, and also ior Chapter x,
ection 3, on elect Infants.
The secretary. Dr. William H. Roberts,
repeat his statement that the American
Prsbyterlan church does not teach that any
dying In Infancy are lost.
The committee further has agreed to re
vision of the text of the confession tn the
maiier or good works Chapter jtvl. Sec
tion 7. of lta btlnff a aln tn refuHA an nnth-
Chapter xxl. Section 6. and also to the pope
uring a man or sin, vnapier xxv, section o.
It also adds to the confession two chap
ters, one on the Holy Spirit and the other
on the rospel.
In explanation of the second paragraph of
the foregoing statement regarding Dr. Rob
erts' reiteration that the American Presby
terian church does not teach that any dy
ing in infancy are lost, be aald that ha had
first made a statement to that effect last
week and that since then he ho received
many communication from clergymen, re
ligious newspaper editors and others as to
whether he had been correctly quoted. He
said he had solicited the Individual opinion
ot each member of the committee and that
they were all of the opinion as he stated
It. The 'committee steadfastly refuses to
give out the text of anything it has finally
passed upon. It made exception to that
pertaining to Chapter xvl. Section 7, en
"good works." This section ia as follows:
workB done by unregenerate men, al
though for the manner of them they may
be things which God commands and of
gooa views Doth to themselves and others
yet, because they proceed not from a heart
purified by faith, nor are done In a right
manner, aacordlng to the word, nor to a
right end, the glory of Uod, they are there-
tore siniui ana displeasing unto Uod.
Thia section was revised by striking out
the words "are therefore sinful and."
The committee did not pretend to revise
the confessional, but wanted to confine It
self to preparing a declaratory statement
of the faith. It was found after ap ex
haustive discussion of the matter, however.
that to prepar a declaratory atatement that
would Intelligently, explain the point in
volved would be a difficult task, and the
members finally agreed that a revision of
the chapters under consideration would be
MAN SUES RAILROAD COMPANY
Aaka Damages for lajavles sustained
Whll Coapliaa- Cars at
FORT DODGE. Ia.. Feb. 10. (Special Tel
egram.) Suit for $20,000 damage wa filed
her today by A. W. Becket, against the
Chicago. Rock Island A Pacific Railroad
company. The suit 1 to recover demagea
Lfor Injuries sustained by Becket on Sep
temoer is, jaui, at earinam. His arm
waa caught and crushed between buffer
irons, wbll he wa engsged in coupling.
Becket claims defective coupling a tb
cause of tb accident.
NEW POSITION FOR L J. GAGE
Presidency of Inlted States
Company Snld ta Bo Of.
fered HI in.
NEW YORK, Feb. 10. It wa reported
with authority in financial circles her to
day that th presidency of th Catted
8tatea Trust company of thla city had been
offered to Lyman J. Gage, former secret.,
of th treasury, and that h would accept
ARGUES FOR TflE DAIRYMEN
8Ullabtrr;r Give Hit Yiwi Onotralif
CLARENCE L THURSTON MAY RESISN
Poaalble Opportnnlty for Another Ne-
braakss to Secnre Post Mis Daisy
Doano to Sail for Manila
(From a Staff Correspondent)
WASHINGTON, Feb. 10. (Special Tel
egram.) Representative Shallenberger of
the Fifth Nebraska district made his
maiden speech today and wa accorded re
spectful attention. He relied upon some
of hla colleagues to secure time tor him,
but they were absent from the house when
Shallenberger saw an opportunity to de
liver his views on tbo dairy interest of
bis district. By close manipulation, how
ever, and borrowing time ' from other
speakers, he was given twenty minute to
talk about oleomargarine.
He said the cattle interests In the west
were rapidly changing from range to farm,
and that the farmer Instead of the ranch
man was the person to be considered at
this time. "The farmer realties upon milk
and butter from hie herds, aa well as from
the beef," said Mr. Shallenberger, "while
the cattle grower realize alone upon the
He made the assertion that of the leading
cattle-raising state of th union, .nine to
day were devoting their energies primarily
to the milk and butter Industry, while th
beef Industry was ot secondary Importance.
Bill of Nebraska 'senator.
Senator Dietrich, la the absence ot his
colleague. Introduced for Senator Millard
several bill that will be of interest to
Nebraskans. One waa amendatory to
former act granting the right to the Omaha
Northern Railway company to construct a
railway across and erect station in the
Omaha and Winnebago reservation in
Thurston county and extending the time
for such building until 1906.
Another bill which Senator Dietrich in
troduced for his colleague appropriates
$2,390, with interest from 1877, to A. H.
Reynolds, a resident of.Questa, Too county.
N. M., who formerly lived in Sidney, Neb,
Reynolds was in the banking business in
Sidney In 1877. and during that year be
cashed two Indian vouchers Issued to D. J.
McCann, government contractor, on ac
count ot supplies furnished by him to the
government, as shown by the receipt of
Lieutenant C. A. Johnson, then-acting In
dian agent at Red Cloud, Neb. When these
vouchers were presented, payment was re
fused on the ground that ' McCann was a
defaulter on other contracts, and instead of
paying Reynolds for the amount Involved,
tne government applied the amount to Mc
Cann Indebtedness, which brought about
Reynold's failure. He now aska to be
recompensed tor the amount he advanced
on these vouchers, jwith Interest at 6 per
To Sell Part of Niobrara.
Senator- Millard,' through hi' colleague.
also Introduced a bill authorizing the sale
of part of tha Tort Niobrara military reser
vation in Nebraska. "
Representative Burkett of Nebraska and
Fowler of New Jersey left today tor Lin
coin to attend .the annual banquet of. the
young Men a Republican club on the an
niversary of Lincoln's birthday.
Congressman Hull of the De Moines dis
trlut returned from Iowa, greatly Improved
from his recent Illness. He say that while
he expect a contest for renamlnatlon, he
na no rear as to the outcome.
Captain C. L. Watrous of De Moines
and Hon. Silaa Wilson of Atlantic, I a., who
nave Deen in Washington for aeveral days,
leu today lor Iowa. .
Mtaa Donne to Snll on Transport.
Senator Millard has secured Derm I Minn
for Miss Daisy tDoane of Omaha to travel
otvone of the army transports from San
ranclsco to Manila, It being Miss Doanea
intention to join her brother. Lieutenant
W. H. Doane(of the regular army, in the
Senator Gamble presented a delegation nf
itoseoua Indians to the secretary of the
interior today, and explained their Dres
ence here. The Indians are anxious to se
cure a ettlement of th amount due the
tsioux nation under the treaty of 1889
wuicn involves aoout $4,600,000. It Is
thought the department will be able to
make - a definite report soon as to the
amount due tha Rosebud.
A warrant wa granted by the auriltor
for tne interior department In favor of E,
V. uuaiey tor 14.000. closlnr un th. on
tract Mr. Dudley had with the government
ror putting in a water system at the Canton
insane asylum, south Dakota.
Senator Gamble's bill to provide for th.
purchase of a sit and the erection of a
public building at Deadwood, carrying an
appropriation of $200,000. wa reported
favorably today from the committee on
puDiic ouuaings and grounds.
Clarence Thsntoa May Resign,
Clarence L. Thurston, son of ex-Senatn-
Tburston, who for the past year haa been
aecretary ot legation at Buenos Ayres. haa
been granted leave of absence by the State
aepartment to return home, and It
thought be will resign from the dinlo.
matte service to take up the study of law
with his father In thla city. This ma
give some Nebraskan an . opportunity to
urea a into aipiomacy and acquire a know-
edge of our aouthern neighbor.
Representatives Mercer of Nebraska and
mousing ot iowa win leave tomorrow morn
ing tor urano. Kaplds. Mich. They go by
special car to attend the banquet of the
Lincoln Republican club Wednesday night.
The party waa arranged by Congressman
wiinam Aiaen Bmltn of Michigan. Mln
later wu ana bis secretary also are going,
An additional rural free delivery rout
will be established at Sutton, Clay county,
meoraaaa, April i, -witn William E. Beml
a carrier. The route embrace thirtv-ona
square miles, containing a population of
The application of John W. Harper, Cur
lis.uessig, cnane Callahan, Andrew
Greenlee, L. W. Scanlon and othera to or
ganlze the First National bank of Sidney
Neb., with $25,000 capital, has been ap
proved by the comptroller of currency.
The receipt of the podoffic at Omaha
for January wer $40,269, compared with
$36,223 for. the same month last year, an
Increase of $4,036.
At Des Moines th receipt were $37,639
nd $31,825. respectively, Increase of $5,814.
Iowa Savannah. Davis county, W. F.
South Dakota Republican,. Minnehaha
county, Oscar Olson.
Harry B. Noland of Des Moines, Daniel
U. Reynolds of Atlantic, William Morria of
Cedar Falls, Ia., Warren D. Lan and John
Continued on Fourth Pag.).
CONDITION 0FTHE WEATHER
Forwaet for Nebraska Snow Tuesday,
with ninltiB Temperatum In Kaat For
tlnn: Wednesdny Kalr and Colder; South
Winds, Becoming Northwesterly.
Temoeratarr at Omaha Yesterdayi
Hoar. Dec. Hoar. !
ft a. tn n 1 p. m
a. m...... tt 8 p. m 15
Tn. m O Hp. m.,.ilt
H a. m H 4 p. m 11
au m lO n p. m 1
10 a. m 11 p. m !
11 a a 13 T p. m 13
12 m.. ....... 13 H p. m 1I
p. m 14
BENEFITS OMAHA DEPOSITORS
Chief Justice SnlHvan Iasnes Injnne.
tlon Aaalnat Compromise of tier
man Snvlna: Bank Claims. (
(From a Staff Correspondent.)
LINCOLN. Feb. 10. (Special Telegram.1
Chief Justice Sullivan has issued an in
junction against tberecelrer and legal rep
resentatives of the defunct German Saving
bank of Omaha, restraining tbem from en
forcing, or attempting to enforce, a decree
ot the Douglas county district court ap
proving a compromise made by th receiver
with certain stockholders.
This restraint shall exist until the su
preme court can investigate. Tb caa ha
already been appealed.
The injunction waa Issued on th appli
cation of Grant S. Cobb, one of the de
positor and creditor ot tba institution.
FRANK JAMES MAKES PROTEST
Enter Injunction Salt Asalnst The.
ntrlcal Company Bearlnar
KANSAS CITY, Feb. 10. Frank James
today made application for an injunction
against the management of a play called
The Jamea Boys in Missouri," in which
the members of Frank James' family are
represented a being train robbers, bank
looters and outlaws of the worst charac
ter. The suit was brought, Mr. Jamea
says, because the play glorifies outlawry.
makes heroes of outlaws and is injurious to
the youth of th country, and besides, he
says. It revives a reputation that came
to him In early Ufa which he ha been
trying to live down for twenty year.
The shit raises th question a to whether
or not a private citizen can be portrayed
on the stage without his consent, whether
it be to his credit or discredit. The at
torneys argued the case late thl afternoon
and the court' decision will be rendered
The play was presented as usual this
afternoon and tonight.
CANAL PROMOTER .GOES EAST
Frit Jaegnl Leave for New York la
Interest of Loup River
COLUMBUS, Neb., Feb. 10. (Special
Telegram.) Frits Jaeggl, tb capitalist
who ha been here several month promot
ing tha Loup rlvsr power canal project,
leave ' Omaha today tor hla home la
Switzerland", being ' accompanied ' to New
York by H. E. Babcock, president of tha
irrigation company, their mission being to
contract far tbs financing of the power
part of the enterprise. The $70,000 mort
gage Indebtedness ot th company has been
paid off and all indication are favorable
for the early completion of the power pro
SMALLPOX ON THE DECLINE
Two Thousand Six Hundred loses
Now Given as Total la ,
SPRINGFIELD. 111.. Feb. 10. The Stte
Board of Health today gave out a atate
ment that from report' received by Secre
tary Egan from all over the atate, small
pox now exists in fifty-seven counties,
with an aggregate of $.600 rases, a de
crease of 1,000 case since the last report
made to tb board on January 1. Secre
tary Egans state that in towns, town
ship and counties where a strict quar
antine 1 observed, end wnere a vaccina
tloA proclamation ha been Issued and held
to, the disease baa practically disappeared.
SWITCHMEN OUT ON STRIKE
Fifteen Men Qnlt Work and Tle-lp
Threatea to Become
MISSOULA. Mont., Feb. 10. Fifteen
Northern Pacific switchmen 'today went on
strike, and the trouble threaten to be
come general. The men refused to use i
road engine for a awltch engine. Super
intendent Russell, It Is said, promised to
meet the men and adlust their grievances
but failed to put in an appearance at the
time stipulated, and tb switchmen walked
out. Tonight It is rumored that non
union men are coming from Helena to take
the places ot the striker and there i much
LEMON EXTRACT KILLS' CHIEF
Fluid Proves Too Mach for
John," Prominent I'to
SALT LAKE CITY, Feb. 10. A special to
the Telegraph from Richfield. Utah, says
"Big John," one of th beat known In
dlana In south central Utah end prominent
In the council of the Utes, is dead aa
reault of drinking a bottle of lemon extract.
which he took for a cold.
Indians from the whole surrounding
country are gathering at Richfield and
preparations are being made to glv John
a funeral with all th tribal ceremonies.
CATTLE STARVE IN COLORADO
Thousands ot Head Ar In Peril for
Want of reed aad '
DENVER, Feb. 10. Human Agent H. B.
Kerr ha left for a tour of tb southeast
ern counties to Investigate the reports
about starving cattl. Jn Baca county
thousands of cattle on tba ranges are said
to be dying from starvation and exposure.
The cause ot tb mortality I due to a acar
city of grass and th freezing ot th water
Movements of Oeraa Vessels, Feb. 10,
At New York Arrived: La Oaacogna,
from Havre; Minneapolis, from Indon.
At Havre Arrived: Carllnle City, from
Ban Francisco via 1 ernambuco.
At Tenneriff-Sailed: Neko. from Ham
burg, for San t ranclaco via Guayaquil.
At Antwerp Sailed: Berapla, for San
At Liverpool Arrived: Umbrla, from New
At Glasgow Arrived.: ' Sardinian, from
FIGHT ON TAX LEVY
Arfiaeat a Motion to Distal Iijiaotiai
Still it Prorrm.
CORFIRATION BOOKS NOT YET CALLED FM
J tig Dickiatai IUi Tatm Kt ItMwary
at I tmil JtBOttr.
SUBPOENAS TOR OFFICERS HELD 6000
Ctirt DolinM tn Qiash 0rdr lUquiriij
EsprutitalW t TUfy.
CONTENTION OF ATTORNEYS ON CASE
Connell for City and Mcintosh to
t- CnmnUliiiili Mr hate Motion to
Dissolve WHhoat Matter Reach
ing; Polat of Sahmlsalon.
City Attorney W. J. Connell ha com
pleted his argument on hi motion to vacat
Judge Dickinson temporery Injunction or
der restraining the council from passing the
ordinance levying the 1902 assessment as
proposed. Attorney J. II . Mcintosh, who
represents W. G. Shrlver and Oeorge Mor- .
ton, In whose names th order waa secured,
haa, partially completed bis reply to th
Ity attorney, but when court adjourned
yesterday afternoon had still some prece
dent to cite, and th hearing wa con
tinued until 9:30 thl morning, with a pros
pect of its reaching a conclusion early.
The motion of the attorney for the i.r; .ot
railway company to quaah th ub?or.nas
served on officials ot th five fnr.oblsed .
corporation of Omaha wa disposed of
shortly fter 3 o'clock yesterday afternoon
when the court sustained th motion Inso
far a It applies to the officer being re
quired to produce the books and records
of' their companies in court, but overruled
It in its aoollcatlon to th officers them
selves having to appear.
Basis of the Decision.
Judge Dickinson in taking thl action .
stated that the court' only Jurisdiction in
the matter before it waa to decide whether
the council bad proceeded properly in the
matter of the complaints of Shrlver nd
other; not whether the assessment of th
corporations ia controversy had been fair
and sufficient, and that, thia being true.
the production of th records showing the
financial affairs ot the corporations would
be without excuse.
When this decision bad been announced
Attorney Mcintosh had E. M. Morsman,
secretary and treasurer of tbo Nebraska
Telephone company, called to tha stand: .
The latter, answering questions, testified
that he had known from th papera thai
member of th real estate exchange bad
filed complaint against the corporation as
sessments, but that be bad not actively In
terested himself In tha debate.
How. the Connell Proceeded.
City Attorney Connell had Councilman D.
J. Mount of th Seventh ward called, Th
latter testified that he had been present al
the ' Board of Equalization meeting when
representatives ot th real estat exchange '
and the corporations we're each allowed
thirty minute hearing ' In ' debat on th
complaint. ' , . ' - '
And were you present at the Monday
meeting when Councilman Hascalt pre
sented his motion finally disposing bt tha
complaint?" asked the city attorney.
Was it not In writing, and was It not
"You may explain tba circumstance."
"In disponing of such motions -H I th
rule that no one be allowed to discus th
question after roll call ha begun, yet Coun
cilman Lobeck tried then to demand tb
advice ot the city attorney, and delayed
two minute while the cbalr wa calling
on him to vote. There wa nothing tn pre
vent hi voting."
How about Councilman Zlmman's vot
"The circumstances were tb same, prac
Street Railway Company Called.
Attorney Mcintosh bad John L. Webstar
ot the street railway company on the stand
next. In an effort to prove that It wa
distinctly the Real Estate exchange as a
whole, and not Morton or Shrlver, who waa
given attention by tha board at tb Friday
meeting. He asked:
Did you appear at the meeting referred
to by these other wltnessee?" '
Yea, upon the notice received by th
street railway company."
What was said with reference to taking
It was announced in a general way that
such was to be done. I do not remember
the exact words.".
Wbat occurred after the announce
Councilman Hascall made a motion that
the complainant and the corporation
should each have an hour and a half. This
waa modified to tha end that th complain
anta need occupy but . halt an hour, and
then th corporation halt an hour, but con
tinuing alternately until tb full tint Was
You don't claim to bo quoting tha exact
worda?" asked Attorney Mcintosh.
What Haacall Referred To.
"Now, didn't Hascall say that th ex
change and tbe corporation should hav
the halt hours?"
Sometimes tbe reference was to the ex
change, sometimes to the Commercial club
and sometimes merely to the complain
You understood this, then, to be be
tween the Real Estate exchange and Com
mercial club and tbe corporation?"
"I understood those first two to b at
tb bead ot it all. In th preparation for
debate tha reference to the complainant
wa merely to .those on that side of th
house from among wbom. wera to be
chosen, by tbe men themselves, thos who
should speak for tbem."
"Didn't F. D. Wead (tha chairman of tb
exchange's tax committee) do th desig
nating?" "I don't know. I only remember that
aomeone on that side mad announcement
that so-and-so would b tb next speaker."
"Well. Mr. Webster, didn't you. In th
course ot your remarks, take occasion to
say that no sufficient complaints had bee
"No. I emphasized that vldenea must
be produced to aupport any that war filed."
A Bve-mlnut races waa taken, which
gave Jamea Crelghtoa opportunity ta raise
his familiar olc la th court room loud
enough for all to hear hi auggeatlon that
tb city and tha corporation seemed to be
entering into a "happy family arrange
City Attorney' Arganaat.
Th city attorney mad tha first i thai
tCoollnuad on fourth Fa.
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