The Omaha. Daily Bee.
KSTAIILISIIKI) JUNK 10, 1H71.
OMAHA, TITKSDAV MOltMNt, AI'UIL H, liUVJ-TJLN PACiKS.
sincili: copv rivi: cents.
UNIT FOR EXCLUSION
House Votes Without Division Against
the Admission of Chinese.
PASSES BILL OK DRASTIC CHARACTER
Amends It to Exclude Also Descendant
and Mixed Races.
MEASURE RE-ENACTS EXISTING LAWS
Prohibits Employment of Oriental Sailors on
American Ships.
A.
biii loniirc m lucill ID Price 'VQ
DILL nriLlta I V liuuinii u 'i
- v 4
. r .-.i..i. 't
Kmpower. Philippine C on.mL.lo. ;
Adopt Unliable Provision for fcn
forremrnt of the l.ntv la
Arcblpclasro.
WASHINGTON'. April 7 The house to
day passed the Chinese exclusion bill, after
Incorporating In It aeveral amendment
which Increased the draatlc character of
the measure. The principal one not only
excludes Chinese by birth and descent, but
all Chinese of mixed blood.
The chief struggle was over an amend
ment to prohibit the employment of Chi
nese pallors on American ahlpa. An amend
ment covering thla proposition was at first
ruled out on a point of order, but subse
quently wa modified to evade the ruling
and waa adopted 100 to 7.
Aa passed the bill practically re-enacts
II the existing exclusion laws and Incor
porates with them the existing treaty reg
ulations. It extends these exclusion laws
to the Philippines and the other posses
sions of the United States and forbids Chi
nese laborers In our colonial possessions
coming Into this country.
Kalnrvrnrat la Philippines.
The Philippine commission, by the terms
of the bill, la directed to adopt proper
measures for the enforcement of the pro
visions of the bill In the Philippines.
The conference report on the war revenue
tux repeal bill was' adopted and the bill
sent to the White House.
Lute In the afternoon Mr. Fowler of New
Joraey moved to pass, under suspension of
the rules, the senate bill extending the
charters of national banks for twenty
years. The democrats were taken com
pletely by surprise.
As It was after the usual hour for ad
journment the attendance was slim. The
democrats attempted to filibuster, but a
call of the house finally secured a quorum
and the bill waa passed.
When consideration of the exclusion bill
was resumed two amendments were adopted
without division. One by Mr. Clark of
Missouri, to amend the definition of
teacher" under the privileged classes, so
as to require that for two years before
admission the "teacher" snould hare been
engaged In "teaching" the higher branches,
- mrrfl another by Mr. Coomb of California,
to provide that Chines students shall leave
the country Immediately upon the comple
tion of their course of study.
Other Amendments Adapted.
The amendments designed to perfect the
language of the bill which bad been agreed
upon by the committee and the California
delegation were adopted.
Mr. Clark of Missouri offered the amend
ment prohibiting the employment of Chi
nese laborers on American ships, as fol
lows: "And it shall be unlawful for any vessel
holding an American register to have or
to employ in the crew any Chinese person
not entitled to admission to the United
Slates or to any portion of the United
States to which such vessel plies, and any
violation of this provision shall be punish
able by a fine not exceeding $2,000."
Against the modified amendment Mr,
Perkins of New York raised the point of
order that it was not germane, and Mr.
Moody ' of Massachusetts sustained the
point, but In the course of his ruling in
diiaied how the amendment might be made
germane. Thereupon Mr. Kahn of Cali
fornia modified the amendment to make it
conform to the ruling of the chair, his mod
lfled amendment providing that it .should
ba unlawful tor an American ship, for a
voyage terminating at an American port.
to employ Chines sailor.
Opposition to Clark's Plan.
Mr. Hltt vigorously opposed the amend
ment. Mr. Clark served notice that it the
provision was defeated he would oflvr It as
an amendment to the ship subaldy bill.
At this point the committee arose to
permit Mr. Payne, the majority leader, to
call up the conference report on the war
revenue repeal bill.
Mr. Rlcbarduon. the democratic member
of the house conferees, explained why he
declined to sign the report. He said the
democrats did not believe that all the war
revenue taxes should be repealed and taxes
on the necessarlea of life remain.
For Instance, he aald, he favored the
senate amendment which would have al
lowed the tax on bucket shops to remain,
but which the conferee disagreed to.
Mr. Payne In reply aald he bad propoaed
the aenate amendment because be did not
believe in taxing the small gambler and
allowing the big ones to go scot free.
Must Keep 1'rouilse.
"Besides," said he, "w promised the
people that we would remove every veatige
of tb war taxes and w want to keep our
promise."
The report waa adopted without divi
sion, v
Consideration of the pending amendmeut
to the exclusion act was then resumed.
Mr. Cannon agreed with Mr. Hut that
the adoption of this provision would force
American ships to sail under foreign reg
ister. The amendment wss adopted on a
vole by tellers. 100 to "4.
On motion of Mr. Clark of Missouri, an
amendment was adopted adding to tb bill's
definition of Chinese those of mixed Chi
nese blood.
As amcuded the bill waa then passed
without division.
The li'dtau appropriation bill was sent to
conference. Mr. Kowltr of New Jersey
asked unanimous consent for the considera
tion of the bill to extend tb charters of
natioual banks for twenty year. Mr.
Smith of Kentucky objected, whereupon
Mr. Fowler moved to suspend the rules and
lass the bill. Mr. Fowler explained that
there ware j0 national banks, with a cap
ital of ti:i.T3,3iH, whose i barters would
be extended by the bill.
Mr. Ball of Texas briefly protested
against the proposed legislation. The bill
was passed; ayes, 117; noes. 48; present,
1$; a call of I ho house Brat having to be
mad in order to secure a quorum. At
t.M p. m, the nous adjourned.
BALFOUR'S LIPS ARE SEALED
Government l,eder Give Oat Xothlan:
toucernlna South African Prar
Negotiations.
I)NIK)N. April 7. The Houe of Com
mon rcaxseuioled today after the Easter
recess. An early opportunity wn taken to
prea the government for Information on
the aubject of peace negotiations In South
Africa, but the government leader, A. J.
Balfour, declared the ministers had nothing
In that connection to Impart to the house.
Answering a question about the General
Buller controversy, the war secretary, Mr.
Brodeiick, said that In view of the state
ment of General Buller It had been decided
to publish all the letters and dispatches re
lating to the Splonkop engagement for
warded to the War office by Ixrd Roberta.
The order forbidding General Buller to pub
lish the documents would not, however, be
rescinded.
rescinded, f
Mr- Balfour refused to grant facilities for
,, lh , k. v,..
. . ,
rlnh national'st leader, censur-
nA.L.r William n..llw in
CO.
wjth the suspension of John
Dillo.
In corr . ondence between Mr. Balfour
and General Buller, recently published, the
former contended that General Buller was
in chief command at the battle of Splonkop,
which resulted most disastrously to the
British, while the general denied this.
STEAD'S NAME IS LEFT OUT
Counsel for Rhode Tesls Wkr II
I Xot One of the
Uxecntora.
LONDON. April 7. The fact that W. T.
Stead'e name waa not among the executora
of Cecil Rhodes' will has given rise to
some comment, for It was generally under
stood that he was closely associated with
those designated to carry out Mr. Rhodes'
aspirations. In order to dispel any misap
prehension B. A. Hawksley, who was coun
sel for Mr. Rhodes, declared in an open
letter that the removal of Mr. Stead s name
waa not In any way du to differences on
the ubject of the South African war, but
for other causes, quite appreciated by Mr.
Stead, and which did honor alike to both
men. "In the far-bark days." writes Mr.
Hawksley. "when Mr. Stead expounded the
common Interests of the English-speaking
peoples, his acquaintance was sought by
Mr. Rhodes, the acquaintanceship ripened
Into close Intimacy and continued to the
last. Mr. Rhodes recognized in Mr. Stead
on who thought as be did, and who had the
marvelous gift of enabling htm to clothe
with literary charm the Ideas they both
held dear. As Mr. Rhodes frequently said
to me and others, Including Mr. Stead him
self, the friendship of the two men waa
too strong to be broken by passing differ
ences about the South African war."
RIOTING AT M0NTEG0 BAY
Serious Disturbances Arise over In-
rreaaed Taxation and aa
I nvi lae Arrest.
KINGSTON. Jamaica. April 7. Rioting at
Montego Bay has been in progress since
last Saturday night, owing to arrests made
by the police. On Sunday night there waa
a severe fight between the police and rioters
and many on both sides were wounded.
Troop have been dispatched from Kings
ton to the scene of the disturbance.
Advices received here this afternoon show
that the rioting at Montego Bay is still
proceeding. Acting Governor Oliver and
the general commanding the troop have ar
rived at the scene and the cruiser Tribune
sailed thla morning to land men at Montego
Bay.
During the fighting of yesterday one man
was killed and a police officer was dlsem
bowled. The Increased taxation and an unwlee ar
rest were the cause of the trouble. The
situation Is critical, but the authorities
hope to quell the rising at an early date.
REBELS CAPTURE JACMEL
Release Prisoners, "else Available
Ana aad Ammunition aad
Evacuate Town.
PORT AU PRINCE. Haytl. April 7. A
number ot revolutionists, commanded by
General Nicola Baptlste, attacked and cap
tured Jacmel, a town on the south coast of
Haytl, on Saturday, occupied that town for
twenty-four hours, released the persons
who had been Imprisoned there and then
retired to the hills, taking with them all
the arm and ammunition they could ob
tain. During the fighting which preceded
the capture of Jacmel two men were killed
and a number were wounded.
The Haytlan cruiser Cret-a-Pler has
tarted for Jacmel with arm and ammuni
tton for that place and the minister of
war, V. Guillaume, has also left for Jacmel
with a detachment of troops. All la quiet
cere.
SHAH IS TO VISIT BERLIN
Kmperor William Aasare Him that
It 'Will Be Acceptable to
HI Majesty.
BERLIN, April 7 Official circles her
confirm the report that tb shah ot Persia
will visit Berlin in May and will pay bis
respect to Emperor William. The shah
Is going to Contrexville, France, for his
health and Inquired of the authorities at
Berlin whether tia visit would ba accept
able to hi majesty, who answered
affirmatively. Th visit was designed to
tske plac last summer, but was postponed
owing to the mourning for the late
Dowager Empress Frederick. The shah
probably will come to Berlin by way of St.
Petersburg. So far aa Germany Is roo
cerned. th visit is devoid ot political
significance. The officials here repudiate
the aaaertions in th British press that
Germany is endeavoring to establish Its
influence in Persia, between the British
and Rutalan rivalries In thnt country.
raaarnarra oa the Teatoale.
LONDON. Aprik 7. Vic Admiral Sir
Henry lloldsworlh Rawson, formerly In
charge of the channel squadron, and Lady
Raw on. and Sir Richard Musgruve and
ldy Mjagrav will be among th pa,
angers on the Tuetonlc, which Is to sail
from Liverpool April for Nw York.
IjOXDON. April 7-Th Board of Trad
rrturna for March afcrtws the remarkable
decreases of 6.d2!i,196 In Imports and
2.0M.B6 In exports, compared with March,
ISni. This Is attributed mainly to the ab
normal clearances of Isst year. In antici
pation of the new duties.
Iran
TORONTO. Canada. April 7 Third Baa,
man 8chwa of the Toronto Baa Ball club
has decided to join th LouWvUl dub.
COURT CLAIMS JURISDICTION
Supreme Justices Orerrule Colorado'! De
murrer in Arkansas River Case.
WANT TO ADMIT ALL FACTS INVOLVED
thief Justice Feller Headers Oplaloa
Holding Case ta Be of Vital lis.
portanre. Demanding; Fall
eat In estimations.
WASHINGTON, April 7. The United
States supreme court, In an opinion de
livered by Chief Justice Fuller today, over
ruled the demurrer of the state of Colo
rado In the rase of the State of Kansas
against the State of Colorado.
The case Involves the right of Colorado
to appropriate, for purposes of Irrigation,
the waters of the Arkansas river, which
Kansas sought, by an original action, to re
strain on the ground that the stream flows
through Kansas and the people of the latter
state are Injured by Colorado's appropria
tion of the water. Colorado contested the
jurisdiction of the court In the case and
filed a demurrer.
The chief justice said that the case la
one In which the court can properly as
sume jurisdiction. He said also that the
action of the court In overruling the de
murrer was intended to be without preju
dice, but was taken because the Importance
of the case is such that It should not be
decided without full proof on the questions
set up In the allegations of damage made
by the state of Kansas.
Grounds of Jurisdiction.
On the point of Jurisdiction the chief
justice said:
Without stihipctlnsr the bill to minute
criticism, we think Its averments sufficient
to present the iiuestton as to the power
of one state of the union to wholly deprive
another of the benefit of water from a
river rising In the former, and, by nature,
flowing Into and through the latter, md
tnnt. tncrerore. tnts court. BncaKing
broadly, has Jurisdiction.
Coming to the question of the demurrer.
he said:
The general rule Is that the truth of
material and relevant matters set forth
with reoulslte nrclelon. are admitted hy
demurrer; lint In a cane of this magnitude.
Involving questions of so grave and far
reaching importance. It dots not eem to
us w e to apply tnat rule, ana we mun
decline to do so.
He then etated the averments of the con
tention of the. states of Kansas and Colo
rado, concluding as follows:
Don't Act on Technicalities.
Sitting as It were, as an International as
well as a domestic tribunal, we apply
federal law, state law and International
law as the exigencies of the particular
case may demand, and we are unwilling In
this cane to proceed on the mere technical
admissions made by demurrer.
Nor do we reenrd It necessarv. whatever
imperfections a close analysis of the pend
ing bill may disclose, to compel Its amend-
rrent at tnis stage or tne litigation, vve
think the record should show no proofs
whether Colorado Is herself actually threat
ening to wholly exhaust the flow of the
Arkansas river In Kansas, where It Is tie-
scribed In the bill as the "underflow" In a
subterranean stream following a known and
denned channel and not merely water per
colating through the strata below.
Whether certain persons, nrms and cor
porations In Colorado must be made par
ties thereto: what lands In Kansas are ac
tually situated on the hanktv of th river
and what either In Colorado or Kansas,
are fibsolutely dependent on water there
from: the extent of the watershed or the
drainage area of the Arkansas river; the
possibilities of the maintenance of a sus
tained now tnrougn me coniroi or nooa
waters; In short, the circumstances, a
variation In which might Induce a court
to either grant, modify or deny the relief
sought or any part thereof. In view of
the Intricate questions arising on the
record, we are constrained to forbear pro
ceedings until all the fact are before us
on the evidence.
There was no dissenting opinion.
FOR NEW INAUGURATION DAY
Committee Find Sentiment Generally
Favorable to Last Thursday
In April.
WASHINGTON. April 7. The agitation in
favor of changing the date of Inauguration
of the president from the month of March
to the latter part of April received an Im
petus today ot the meeting of the national
committee having the matter in hand. The
change had been advocated, owing to the
Inclemency of the weather of early March.
The meeting was presided over by Dis
trict Commissioner Henry B. F. MacFar
land. Mr. MacFarland gave a brief his
torical review of the movement for a
change In the date, emphasizing the una
nimity ot sentiment in regard to it and its
national character. He declared that the
senate of the United States had passed Mr.
Hoar' resolution providing for the last
Thursday in April aa the Inaugural. It
was agreed that the chairman should ap
point an executive committee. It was re
solved a the sense of the committee that
the date of the inauguration day should be
changed from the 4th ot March to the last
Thursday in April, but no particular bill
or resolution should be advocated.
The proposition to fix the SOth day of
April was considered, but received no sup
port, because It was felt that it was better
to name a day of the week rather than a
day of the month a day that would come
always In the middle of the week, so as to
avoid Sunday. The committee was unani
mously in favor of the last Thursday In
April.
DOUBT OVER THE CUBAN BILL
l ncertalaty of Mrnaurr' Passage la
Increased by Caucus Called
by Democrat.
WASHINGTON. April 7. Reprt sent
tlve Hay of Virginia, chairman of the demo
cratic house caucus, today Issued a call for
a conference ct democratic member on th?
aubject ot Cuban reciprocity at s o'clock
tcmorrow night. The call followed a peti
tion, signed by more than twenty-five mem
bers, requesting the conference. .
The move caused some agitation on both
aide of the chamber. In connection with
the opening of the debate on th Cuban b II
tomorrow, as It was thought to introduce a
new element of doubt as to the final vote
on thaj measure. The movement for a con
ference was understood to have been initi
ated by those opposed to the bill, with a
view ot concentrating the minority In rp
position. It was conceded by the support
ers of the Payne bill that a combination
between th minority and the republican
who rppo reciprocity would make the
final issue doubtful. Representative Wat
ton of Indiana, who i acting a th "re
publican ship" on the Cubau bill, express
confidence that tb bill will pas.
aampaaa fas Haaaa Oa.
WASHINGTON, April 7 Tb United
Stales (upreme court refused today to grant
the motion recently made to dismiss the
rase ot Admiral Sampon, In which he
seeks to recover prize money for the guns
and armament of th Spanish vel Marls
Teresa, la connection with It capture off
SaaUaco.
OBJECT TO ROOT'S ACTIONS
Democratic Senutor ( harri secretary
With t nfalraena and Demaada
Gorrrsor Ta.t'a Report.
WASHINGTON. April 7. The heat ings hy
the senate committee on the Philippines
on the situation In the archipelago were
resumed today, with. Major General Arthur
MacArthur on the atand, but before he had
begun his testimony Senator Culberson, one
of the democratic members of the com
mittee, took occasion to call attention to
the omission of the repoti of the civil gov
ernor of one of the Philippine provinces
from the record of Governor Taft's testi
mony. This Is the repi rt referred to in
the correspondence between Genersl Miles
and Secretary Root, of which the secretary
said:
The reference In the memorandum to the
letter of (Inventor Taft t-i the secretary of
war. dated February 7, JM. 1 ro a letter
transmitting fur the purpose of an In
vestigation hy the military authorities, a
report by the civil governor of the prov
Ince of Tayahas, containing In general
terms and without ppecltlcs lions or numts,
serious charges against the military ad
ministration In that province and agalnnt
the conduct of the army generally in Its
relations to tlip civil government.
Senator Culberson quo-ed this paragraph,
saying that Governor Taft had promised
to supply these reports of the civil govern
ment to t : committee rs they ahould b
received.
Ha added that the repc t In question had
been received by Goverr r Taft while he
was before the coramltte . It was evident
that this report had reflected on the mili
tary administration of the Philippines and
he moved that the chairman of the commit
tor be requested to procure and present
this report. He took occasion to object to
what he characterized a the effort of the
eecretary of war to direct and control tb
proceedings of a committee of the senate.
Senator Lodge replied that he had known
nothing of the report that had been with
held until he had real the atatement
quoted and he had then burned that it bad
been referred to General Chaffee In order
to secure hi comments unon It. Undoubt
edly, he said the secretary had thought
that the charges agalrst army officers
should not be sent out wi'hout an explana
tion of them.
Senator Allison suggested that Governor
Taft had been ill since h appearance be
fore the committee and that he should be
written to upon the subject.
Senators Rawlins and Patterson endorsed
the position of Senator Culberson. Mr.
Rawlins said that If the investigation was
to be more than a mere farce the report
should be called for. - He took occasion to
say that the secretary of war had withheld
other Information which had been called for
even by the senate and Jie Instanced the
report made by that official on the ques
tion of the transport service, aaylng that
the secretary had In his reply withheld the
reports made by government inspectors
which were on file In the department.
Senator Culberson changed his resolu
tion so as to call directly upon thi secre
tary of war for the report, with request to
forward any Information be may have from
General Chaffee, and In this form the res
olution was adopted.
General MacArthur then began ht state
ment, wnlch, he said, would tie a review of
hi observation la the I Ms and opinions
he bad formed. Ho said tuat after- eou
plete study of the situation be had con
cluded that permanent American occupa
tion of the Islands was advisable.
The general had not concluded hi state
ment when the committee adjourned until
10:30 o'clock tomorrow.
RETAINS BUCKET SHOP TAX
Senate Passes Conference Report aa
the Repeal of War Revenue
Taxes.
WASHINGTON, April 7. Considerable
time was consumed by the senate today
In a discussion ot the conference report
on the bill to reduce war revenue taxea.
As passed by the senate the tax on trans
actions in so-called bucket shops was re
tained. The conferees struck out that pro
vision, it being explained that the house
would not consent to its retention. Mr.
Berry of Arkansas, Mr, Bacon ot Georgia
and Mr. Pettu of Alabama Insisted that
the senate should demand the retention of
the tax. Mr. Aldrlch of Rhode Island, Mr.
Allison of Iowa and Mr. Spooner of Wis
consin, while they were In favor of the
tax, explained that it could not be re
tained without endangering the entire
measure. The conference report was
adopted 36 to 20.
The exclusion bill was read for com
mittee amendment, the reading occupying
considerable time.
Soon after the senate convened today th
following bills were passed;
Providing for the promotion of anatomical
science and for the prevention of the dese
cration ot graves in the District ot Colum
bia. Appropriating $55,000 for a public build
ing at Sterling, 111.; for the establishment
of an assay office at Provo City, Utah; ap
propriating $15,731 to pay Robert J. Spotts
wood and the heirs of William C. Mc
Clellan for transporting the malls In Colo
rado In 1879; to amend an act for the relief
and the civilization ot the Chippewa In
dian in Minnesota.
Mr. Aldrlch presented the conference
report on the bill to repeal the war revenue
taxes. After much discussion the confer
ence report was agreed to 38 to 20.
Conalderation of the Chinese exclusion
bill was then resumed, Mr. Simmon ot
North Carolina addressing the senate. He
said he expected to vote for the bill, but
was reluctant to do ao, especially because
the cotton manufacturer of his state aud
th south generally were appealing against
Its enactment. They fear, be said, that It
will lead to retaliatory action on the part
of China and that their market in the
Orient might be checked if not destroyed.
Mr. Simmons explained that he did not
agree with the cotton manufacturers, and
therefore, aa the people of the Pacific coast
and other sections were demanding the
passage of the bill, he would vote for it.
The bill was read at length, and then tho
senate at 5:30 adjourned.
ttuprrme t'oart Art aa Plae Case.
WASHINGTON. April 7 In the United
States supreme court an opinion was de
livered today by Justice Brewer in the caie
of Pine and others, against the city of
New York and Comptroller Bird S. Coler.
involving th right ot the city to appropri
ate all the water of a stream along which
th complainants resided.
The case was directed against th city by
the circuit court of appeals, but today'
opinion reversed that decision and re
manded the ease tor further hearing, with
instructions to consider the question ot
damage
Hnsial tompaay Wlua.
DKN'VKK, Atirll 7 The supreme oourt
of Colorado decided today that the Ptmtnl
Telegraph company may ionlrut llns
along ihe rtuht of way of the l iiton Pac'Me
rbllroad. The Union Pacific and the West
eru Union Trlegraph company had resisted
the application vl the I'uatal company fur
right ot way.
IRRIGATION MEN ELATED
Friends of the Measure Evidently Agreed
Upon Control of Water.
CONSIDER CHANCE OF PASSAGE GOOD
South Dakota Members Pushtna the
Free Home VJeasure and Believe
It Will Receive Majority
la the Senate.
From a Staff Correspondent.
WASHINGTON. April 7. (Special Tele
gram.) Representatives of Irrigation In
congress are elated over the outlook for
favorable legislation during the present
session ot rongresa. Representative Mon
dell of Wyoming today filed his report upon
the senate measure, and upon that measure
the fight Is to be made In the house upon
this question in which the west I vitally
Interested. The Interest which have been
fighting the bill have been placated.
George H. Max'vell, chairman of the ex
ecutive committee of the National Irriga
tion association, said today: "The bill as
reported from the committee today meeta
with the full approval ot the National Irri
gation association and will receive its
hearty support. Every defect In the bill
to which the association has objected has
been cured by amendment. The rights of
Nebraska are protected beyond question by
the amendment Inserted In the bill having
relation to Interstate use of waters and It
will be our earnest endeavor to help the
friends of Irrigation pass this most Im
portant measure."
Mondell Kaplala Bill.
Representative Mondell, who has really
borne much of the brunt of the lighting
which has gone on In favor of some scheme
of national Irrigation, said today: "The state
control clause of the bill as originally drawn
was offered by those living along the lower
courses o the Platte river. It not only
recognized the validity ot state laws relative
to the appropriation and distribution of
water, but also (ended affirmatively to ex
tend the right of Wyoming and Colorado
to an extent which might Jeopardize the
Interest of Nebraska. There was no
thought of doing this wat soever, as it is
universally recognized that in the arid
region the rule ot prior appropriation gov
erns and establishes the rights regardleaa
of state lines, but In order to remove any
fear of the effect which the language used
In the bill might have an amendment waa
adopted a st follows: 'And nothing herein
shall affect the right of any state or ot
the federal government or any appropriate
user of the waters In any interstate
stream.' This amendment recognizes
clearly the well understood rule of the arid
region that the slate or the citizens thereof
occupying the upper courses of a stream
cannot deprive prior appropriate of water
In another atate lower down the stream
The fact I that there has been a consid
erable misapprehension aa to the views of
those who drafted the original state con
trol clause and inasmuch as there was no
thought or Intention t change the rule of
priorities in the arid region or to give any
tat or the citizeas thereof aay right to
InjuVe or IS 't7 way' effect Ifte right of
citizens of other states. It was not difficult
to adopt language which is believed clearly
expresses the wish of all friends or irrlga
tion."
Chanue In Orand Island Postmaster.
Senator Dietrich today announced that he
had recommended Dr. H. C. Miller for
postmaster at Grand Island, vice '.V. H.
Harrison, and Frank J. Hakel at Tuohy,
Saunders county, vice A. B. Chapek, re
signed.
In speaking of the Grand Island appoint
ment. Senator Dietrich said: "Immediately
after my election to the senate I announced
that I would appoint Dr. Miller, as post
master at Grand Island. I bad known him
for a very long time as a splendid citizen
and a good republican. Mr. Harrison'
term will expire May 5. I have no feeling
against Mr. Harrison whatsoever. I have
believed that a change would be for the
better rnd I am carrying out my long ex
pressed Intention by making the nomlna
tion."
Senator Klttredge stated today that It
was the hope ot the friends of the tree
homes bill to get the Rosebud treaty bill
whlih has a tree homes clause attached to
It, before the senate on Wednesday, and
that while no definite agreement had been
reached It seemed entirely probable that
Immediately after the morning hour that
day the bill would be laid before the senate
for consideration on it merits. While a
close canvas of tb aenate ba not been
made tho friend of the free home meas
ure believe they have votes enough In the
benate to adopt this feature ot the bill not
withstanding the opposition of some of the
older senators Ilk Piatt of Connecticut and
Cockerlll ot Missouri. In any event it Is
the Intention of the South Dakota delega
tion to force a vote upon the proposition on
tho theory that If they are defeated they
will not be in any worse shape than they
are now.
Little Hope for Vanhonten.
Senator Allison and Representative Hep
burn of low had a conference today with
the president relative to the consulship for
George H. Vanhouten, one of the best
known men of Iowa, and secretary of the
agricultural and horticultural societies of
tbo state, he being the founder of the lat
ter society. Mr. Vanhouten U desirous of
getting to some country where be can con
tlnue Investigations along horticultural
lines. The president, however, gave the
Iowa contingent but little hope for any
thing in the Immediate future.
Congressman Hull ot Des Molne stated
today that be would not serve on the re
publican national congressional committee
unless Representative Babcock, who has
been chairman of such committee for tho
last three terms, la continued in that ca
pacity. Mr. Babcock baa Insisted that hi
health would not warrant hi assuming the
position agalu, but republican generally
are urging him t accept.
J. M. Edmlston of Lincoln la In the rity.
R. O. Fink ot Omaha, who ha been vis
iting in Washington for soma time past, left
for Nebraska tonight.
Upon motion of Senator Kittredge, Con
gressman uurae was today admitted to
practice before the supreme court.
Congressman Burke has recommended Dr.
G. W. Potter for appointment aa a member
of tb board ot examining surgeons at Red
field. S. D.
J. M. Fisher, mayor of Deadwood, 8. D.,
and wife are in Washington.
LIT Bird shoot Poatpoaed.
KANSAS C1TT. April 7. The hoot at
tii live bird for the Cast Iron medal,
scheduled for today between W. R. Crosby
of i) Fallon. III., and J. A. K. tlllott of
Kan;. a City has been postponed on account
the death of President Whit tic Id of iha
Western league.
Liberal Leader I III.
UiXliON. April 7. The earl or Kim
berley, liberal leader in the House of lirda,
and former foreign secretarv. who ha h en
111 for torn time past, Buffered a serious
flap this auoruli'g.
CONDITION OF THE WEATHER
Temperature at Omaha trotrrduvt
Hour.
lira.
. . at
. . U.t
. . 2-J
. . iil
. . X.1
. . !i.t
. . :i:t
. . ar
Hour,
t P.
Uca.
.1 a.
H a.
7 a.
H a.
a.
a.
4-2
4:i
47
4
411
4
4T
4l
41
11 a.
12 m.
FIVE OF POSSE
ARE DEAD
Two Mortally Wonntletl
and Two
Seriously Hurt by a
crate ero.
lira-
TfSCCMBIA, Ala.. April 7. Five men
are dead, two n;ortally wounded and two
seriously hurt a a result of the work of
he negro. Will Handle, with a rifle yes
terday while resisting arrest. Rnndle was
burned to death iu bis own house after
being fatally shot.
The dead are:
SHERIFF CHARLES OASSOWAY.
BOB WALLACE, who was killed and fell
Into the fire.
HUGH JONES.
P. A. PROUT, shot through stomach.
JESSE DAVIS, shot In head.
Wounded:
William Gassoway, shot through abdo
men.
James Payne, shot through chest; caunot
live.
Robert Patterson, shot In leg.
James Finney, wounded In shoulder.
Gassoway, Prout and Davis died during
the night.
Will Gassoway is barely alive this morn
ing, and Payne cannot live.
FLORENCE, Ala., April 7. Simon Simp
son, a negro, was killed as the result of
yesterday's tragedy at Tuscumbla. Simpson
went Into a butcher shop and began cursing
all men who had participated In the kill
ing was ordered out by a white man named
Walker.
The negro refused to go and advanced on
Walker, striking him over the head with a
heavy board, whereupon Walker seized a
butcher's knife and hamstrung the negro
in each leg and cut off the thumb of his
right hand. The negro bled to death.
Walker gave himself up to tba authorities.
DISGRACES A GOOD FAMILY
Son of Former t.ovrrnnr of Inwa In
Prison, Convicted of
Ruralary.
TACOMA, Wash.. April 7. (Special Tele
gram.) By means of a photograph printed
In the dally papers It has developed that
"C. D. Emory," sentenced to the peniten
tiary for ten year for burglary, is Peter
Perley Lowe, son of former Governor Lowe
of Iowa. The family reside at Keokuk.
Former Chief of Police Hoge recalls having
had Lowe In Jail In Tacoma four y .rs ago
and at that time he recognized him as his
old schoolmate at Ames college. Lowe made
a full confession and said that after leaving
college he had gone to China as captain'
clerk, there lost his position and finally
worked bis way back to San Francisco,
where hi career of crime be gap. He said
that he had served two terms In San Quen-
tin; he also aervrd -onp term in fgon and
one at Wa.la Walla prlaon. At college
Lowe enjoyed the reputation of being the
most Intractable student, though always
standing high In his class. His first bur
glarious exploit was the robbing of his own
home in Keokuk during the absence of his
parents.
CHICAGO INVITES KRUGER
Send Measaite Thronata .Mayor Har
rison to the President of the
Transvaal.
CHICAGO. April 7. Mayor Carter Har
rison today forwarded to Paul Kruger, at
The Hague, through Montague White, spe
clsl Boer envoy, the following Invitation to
visit Chicago:
Sir: In compliance with the unanimous
wish expressed by the city council of Chi
cago In a resolution on the lKth day of
Marcn, i!c, i nave tne nonor to invite von,
sir, to visit the city of Chicago aa Its guest,
at the earliest date compatible with your
duties aad engagements and to extend to
you the freedom of the city on the occasion
of your visit.
CARTER H. HARRISON, Mayor.
Accompanying the Invitation Is the reso
lution, preceded by a long preamble, ex
pressing sympathy tor the Boer cause and
deploring the long continuation of hostili
ties. The Invitation and resolution ar
elegantly engrossed on vellum and bound Iti
eal.
PORTLAND PASSES DIVIDEND
President Barn Buy Ksactlon of
Smelter Traat Are Partially
Responsible.
COLORADO SPRINGS, Colo.. April 7.
(Special Telegram.) In a statement to the
stockholders ot the Portland Gold Mining
company, Issued tonight, President Burns
says the directors decided to pass the usual
quarterly dividend because of Increased ex
pense for mill coostrurtlon and curtailed
production. Shipment hare been cut down,
he says, because' of the Increase In already
excessive chargea hy the mill and smelter
trust and the unjust system of sampling
adopted by the amelters.
President Burn denies all rumors of a
pending sale, and say the mines were never
in better physical condition and that the
company will be ready to handle Its ore at
Its own mill by May 15.
WRECK ON GREAT NORTHERN
Kniinf and Sevan Paaseaaer Coaches
Derailed, but So Fatalities
Iteported.
SPOKANE. Waah., April 7. Great North
ern passenger train No. i. eastbound, was
wrecked this morning at Winchester, IX)
miles weat of thla city. Railway officials
here refuse to make any atatement except
to abtert that no one was killed.
The best advices obtainable are that a
high wind this morning blew freight car
out on the main track. The passeuger
train struck It at full speed, derailing tba
engine and seven cars. The fireman t re
ported badly injured and It la believed
many passengers were hurt. A wrecking
train, carrying doctors, left here about
t o'clock.
RICH STRIKEMADE IN GOLD
Proliac Win Is Tapped oa Property
ut Charles Millard la
Hantaan.
VIRGINIA CITY. Mont., April 7 One of
the richest gold strikes la the' state has
been msde in the Kearsarge mine at Sum
mit. Ihe vein is over a foot in width, re
ported to be almost pure gol l. Tb prop
erty i owned by Charles Millard, son of
tailed State Senator Millard ot Nebraska.
KEW SBCER SUIT ON
State of Washington Present Caae to
Tederal Supreme Court.
ASKS FOR AN IMMEDIATE HEARING
Bill Makes Northern Pacifio and Great
Northern Defendant.
CHANGES TACTICS FROM MINNESOTA
follows Out the Same General Line in the
Complaint, However.
COURT WILL GIVE AN EARLY ANSWER
Former Attorney General Grlaa Ap
pear a Counsel for Rnllrniiil
Companies and Aranca the
Legality of Merger.
WASHINGTON. April 7. Attcrnev Gen-
eral Stratton of the state of Washington
today brought to the attention of the United
Slates supreme court the desire of that
state to bring suit to prevent the merger
of the Northern Pacific and th lr.t
Northern railroads by moving for leav
to file a bill of complaint on behalf ot ths
state against Ihe Northern Pacific and the
Great Northern railroad companies and tho
Northern Securities company. In making
tho motion Mr. Stratton aald that counsel
for the defendants were present and pre
pared to proceed wtth an oral argument
If the ccurt was prepared to hear them,
adding that the case Involves the sam
questions as were presented In the Minne
sota case. He added that an Immediate
hearing was desired because it involved
another trip from the state.
Ex-Attorney General Griggs, who was
present as the reprcentatlve of the railroad
companies, acquiesced In what Mr. Stratton
said as to the desirability of an early hear
ing, but the rourt declined to announce an
Immediate decision on that point. The
chief Justice said, however, that an oarly
response would be given.
Make Railroads Defendant.
In connection with bis motion for leave
to file his bill of complaint Mr. Strattoi
submitted copies of the bill nnd a brief lu
its support. To avoid the objec.lun under
which this court refused to cntcitain tha
bill of the state of Minnesota against the
Northern Securities company, the state of
Washington has made the Great Northern
Railway and the Northern Pacific Railway
companies defendants.
The bill asks for a general order of re
straint and Injunction, and iu a genoial re
cital of the acts of merger which It 1
claimed are In contravention of the lawa
of the state of Washington prohibiting ths
consolidation of competing lines ot railroad.
It Is charged specifically that "the North
ern Securities company was organised
solely for tho purpose of carrying out and
accepting the designs, agreements and plan
or James J. Hill and J. Plerpont Morgan,
aad their associate stockholders, to effect
a consolidation of the property, ralhysy
lines, corporate powers and franchise of
the Great Northern and Northern Pacifio
Railway companies, respectively, through
the Northern Securities oompany."
Termed a Conspiracy.
This combination is characterised as "a
conspiracy" and it Is asserted that the in
terest of the individual stockholder in ths
property and franchise of the two rail
way companies was to terminate and to be
converted Into an interest in th property
and franchise of the Northern Securities
company. The Interests of the Individual
stockholders were no longer to hold an in
terest In or derive their dividend from
the earnings of either said railway com
panies, but rather from the earning of
both systems collected by such holding cor
poration. That the defendant, the Northers)
Securities company, I not only exerclalaf
tne right or ownership of such stock, but '
also dictating the management of said rail
way companies.
The interest of the atate In maintaining
independent lines of road is fully aet forth
and in the accompany brief th legal rea
sons In support of the action arc set out in
detail. Among these is the plea that uniess
the supreme court assume Jurisdiction tb
ttate of Washington is wlthou a forum to
which the controversy may be presented.
The brief, referring to the former caa
brought by the state ot Minnesota, sayat
Authority of Recent Drclalou.
Under thi authority of the recent deci
sion of this court in the atate of Minnesota,
against the Northern Securities company.
It la clear that the Northern Pncltle and
Ureat Northern railway companies are
panic dt-fomlant, not onlv In this, hut
any other court having equitable Jurisdic
tion In an action brought bv the state of
Washington agalnm the Northern oecurl
tle company.
This rule bars the state of Washington
from maintaining such an action In th
courts of New Jersey, for the reaxon that
mill railway companies are not within Iha
atate for the purtioHe of giving the court
Jurisdiction over them. '
An action against the Northern Securi
ties company will not He In the state of
Waahington, for the reaiton that the court
are powerless to obtain Jurisdiction over
Its person.
Careful Inquiry ha been made, and It
ha been found that the atate of New
York Is the only atate In the nation In
which each of said parties defendant haa
dexlgnated an agent upon whom court pro
cess may be sfrved, and It Is clesr that
auch an action against the defendants, all
being iion-residenta of the state of New
York, cannot be maintained therein, under
section 17S0 of the New York code of civil
procedure.
Urlrf Filed la Opposition.
Two briefs were filed In opposition to th
prayer of the complaint, one of the beta
by Messrs. George B. Young, M. D. Orover
and C. w. Dunn and the other by former
Attorney General John W. Griggs.
Mr. Griggs takes the position that the
bill of complaint does not present a case
of controversy of a civil nature, which un
der the constitution and law ot th United
State Ja justifiable In thla court, that It
is a suit to enforce the local law and policy
of a state whose right to make law an I
to enforce them exist only within itaelt
and by means of its own agencies and I
limited to It own territory and that
"whitever the law of th stat of Wash
ington iu on the aubject of consolidation
of railroad corporations, it I a municipal
or police law and not one conferring right
of a proprietary or contractural nature."
So Outside Aid Available.
Ha contends that "neither th court of
the United State nor aay other Jurisdic
tion outside ot th stat of Washington
will leod their aid to th enforcement of
the police law of Washington."
He point out that non of th act com
plained of 1 alleged to have been dooo
within the jurisdiction of the state: rf
Washington and says:
Lvt-ry siieclflc tiling cha.'ged in the 1)1 I
of complaint as having ben done by the
Northern Securities company and Its stock
holders and by the siockholdtrs of the two
railway companies was In the exercise of
a usual, universally conceded right In and
over ytrsui-ul prupcii the rlLl to buy,
