The
Daily Bee.
ESTABLISHED JU2SE 10, 1871.
03IA1IA, THURSDAY MORNING, MAY 22, 1902-TEX PAGES.
SINGLE COPY FIVE CENTS.
Omaha
UNVEILS . THE SHAFT
President EoosereU Dedicate Monument to
EpaniBh-Americtn Wu Dead,
HAKEs' ADDRESS TO HIS COMRADES
! Praises tie Ilea is the Banks Who Helped
' Make Cuba Free.
I .,
j PLEDGES OF WAR REDEEMED IN PEACE
jOalla Occasion Befitting Bequel to Oere
i monies in EaTana Day Before.
t
COMMENDS WORK OF GENERAL WOOD
aye HI Gallant Services Battle
eld Art lirHie by Hla Able
Administration of Island
- Mire.
WASHINGTON, Msy 21. Preefdent
Roosevelt today (levelled the' memorial
haft erected at Arlington by the National
Society of Colonial Damea, In memory of
the Teteraoa who fell In the recent struggle
between Spain and the United State.
I Around the platform an Immenae crowd
gathered, among whom were many men who
aaw service In Cuba. Porto Rico and the
Philippine. The ceremonlei were In charge
of Major General John R. Brooka, com
mander of the Department of the East, the
military astabllihtaent being represented by
ft battalion of engineers, a battalion of
marines, a light battery of the Fourth ar
tillery, two squadrons of the Second
caralry and orer 00 veterans of the Spanish-American
war.
The services began with the playing of
The Dead March from Saul." followed by
a aurpliced choir singing "Onward, Chris
tian Soldiers." Prayer was said by Bishop
Eatterlee, and tha entire audience Joined In
storing the national hymn. Lieutenant
; General John M. Schofield, V. B. A., retired,
,tben read the si' ess of the president of
the national society, Mrs. Justine Vf. R.
iTownsend, at the conclusion of which the
shaft was unveiled amid the cheers of the
) thousands who bad surrounded the stand.
Address by tbe President.
' As the shaft was unveiled the artillery
fired the national salute, after which Presi
dent Roosevelt delivered the following ad
dress: v
"Mrs. President and Members of the So
ciety and You, My Comrades (cheers and
applause) and finally Officers and Men of
the Regular Army (cheere and applause)
(Whom We Took as our Models (applause)
In the War four yeara ago: It Is a pleas-
, ure to be here1 thle afternoon to accept In
the name of the nation the monument put
up by your society In the memory of those
who fell In the war with Spain a short
war, a war that called for the exertion of
nly the merest tract lea of the' giant
strength of this nation' (appleoae). but a
war the effect of which will be felt
through the centuries to acme.
"It is eminently appropriate that the
monument should be unveiled today, the
.day succeeding that on which the free re
public of Cube, took Its place among the
(nations of the world aa a sequel to what
was done by those men who fell and by
their comrades la 1898. (Applause.)
Saeelne Pledce Redeemed.
Ws went to war for a specific purpose,
i We made for Cuba a epectflc pledge and we
'redeemed that pledge to the letter. (Ap
plause.) And 1 think, my comrades, that
we have peculiar reasons to be proud of
cf our tellowe who served with us In that
war and upder whom during tha last years
Cuba haa been aounder, under whose ad
ministration Cuba has taken thoae atrtdea
forward which have fitted It to stand alone
I speak of General Leonard Wood
' (cheers). And great were the service that
General Wood rendered during the war
they nave been surpassed by the Inestima
ble service he has rendered In peace to
Cuba and therefore to our, nation, for our
Interest vas bound up In the success and
welfare of Cuba. (Applause.)
"And, a word here where meet to
honor the memory of those who drew the
great prise of desth In battle, a word la
reference to the survivors. I think that
ae lesson every one who waa capable of
learning, learned from hla experience In
that was waa the old, old leasoa that we
need to apply la peace quite as much the
lesson that the man who does not care to
'do any act until ths time for heroic ac
tion cornea, does not do the heroic act when
the time does come. (Laughter.)
All Had Croat Ideals.
"Toil all remember, comrades. It Is barely
poaslble some of you remember being ths
man. who. when you enlisted, had a theory
that there was nothing but splendor and
fighting and bloodshed la the war, and then
had the experience at once of learning that
ths first thing you had to do waa to per
form common place duties, and perform
them well. I remember one time In my
regiment a young fellow who had come
down to fight tor hla country, complained
that he had been doing nothing but dlgglug
kitchen sinks (Isughter) to which ths ans
wer was obvious that he waa to go on dig
ging kitchen stoks. And then ths work of
any man la the campaign depended on the
resolution and effective intelligence with
which he started about doing each duty as
It arose, not waiting until he could choose
the duty that he thought sufficiently spec
tacular te do; doing the duty that came
came to hand, that Is exactly the lesson
that all of us need to learn In times ef
peace. "
Great Tblaar te Be Ready.
"It Is not merely a great thing, but an
Indlspensibl thing, that the nations eltl
svns should be ready and' willing to do for
It at times of need and ae preference for
that other quality could atone for the lack
for such readiness te lay down life If the
ration call. But la addition to dying for
the nation, yeu have got te be willing and
anxloua to live for the nation, er the nation
will be badly oS. (Applause.) f
If you want te de your duty when the
time comes for you te die, the nation will
become deprived of valuable servloea dur
ing your lives (Isughter.)
And now, gentlemen. I am speaking In
all seriousness. I never eee a gathering of
thle kind; 1 never eee a gathering under the
-auspice oi any ei me aocieuee wnica are
ergaiiiied te commemorate the valor and
patriotism of tha founders ef this nation ,
1 aever eee a gathering confposed ef the
mea ready te have volunteered la time ef
war or who fought la the great civil war
or In any of the lesser contests In which
this country haa beea engaged wit boat feel
ing the anxiety te make eich a gathering
realise, feel, each la his or her heart, th
. ail-importance of doing the ordinary, hum-
JCenilaoed SecooA Pass!
ARMY TO INVADE CAPITAL
All Mtlseas of rort Aw Pri.ee lia
aaoaed to Defend the
City.
PORT AU PRINCE, Hsytl. May II. The
army of the north, numbering about 4.000
men. commanded by General Flrmin, the
most powerful candldats for the presi
dency of Hsytl, arrived today at Arcahaie,
two days' march from here.
The provisional government has sum
moned all 'tens to defend the cspital,
and aa a. . v ' he entire population of
Port Au Pi. ''' ,''' nder arms.
The peopic v r!4 DlS Mem
determined to mak Vr',,restanee
te the entrance of the..,,. - north
Into this city. The general , that
If Flrmin persists In his intenu. .0 at
tempt to force sn entry Inte Port Au Prince
a severe engagement will follow. As this
dispatch la sent ths beating of drums ran
be heard on all sides and armed men are
gathering for the battle.
The members of the diplomatic corps as
sembled here thU morning and decided to
protest against the entrance of the north
era army Into the capital. Unfortunately
this protest is not likely to have much
effect, as there are no foreign men-of-war
la the harbor. Regret la' especially ex
pressed at the absence ef a United State
warship from Port A u Prince.
The United Statea cruiser Topeka sailed
from Port Royal, 8. C. for Port Au Prince.
May It, to protect American interests. It
Is due to arrive at Its destination today.
LOUBET WARMLY WELCOMED
President of rra.ee Given Great
Ovation by People of St.
Peterakar;.
TSARK0TE-6KLO, Russia. May 21. The
cxar and President Loubet arrived here
yesterday afternoon. The cxar accom
panied his guest to the palace, where Pres
ident Loubet will reside. The president of
France called upon the cxar and the
csarlna.
The French naval officers have been ac
corded a reception from the, people only a
degree less enthusiastic than that given to
President Loubet himself. Russian aa
tlonal officers are fraternising with the
Frenchmen and accompanying them on ex
cursions to points of Interest about St.
Petersburg. ,
.The sight of a French uniform Is every
where the sign for aa ovation. There
will be given a banquet in the evening in
honor of President Loubet's visit In ths
magnificent Salle de Fees.
The cxar. President Loubet.. the cxarina
and the dowager cxarina attended a great
review of troops today. His majesty, on
horseback, and M. Loubet. the cxarina. the
dowager cxarina and the Grand Duchess
Bergiue la a carriage, passed down ths
front of the 'troops, attended by brilliant
suites. The Imperial and presidential cor
tege received an ovation from the large
crowds of people which assembled to wit
ness the military display.
REVOLUTION T BE ENDED
Colombian Government Takes Kf-
feetlve Mea.sre. to Restore
Order la Reenblle. ,
PANAMA, Colombia. May 21. The gov
ernment forces began to leave Panama at S
o'clock yesterday morning. In all about
2,000 men under the command of Generals
Amaya and Sal&xar will proceed against
the Insurgents.
Before he left the city General Salaxar
said:
I Intend to attack the rebels Immidi
ately. I expect to receive, within the next
eight days, reinforcements of 1.0 10 men
who will co-operate with the troops leav
ing Panama today. The rebel. General
Perra, and his forces, will be attacked by
over s.OuO of the beat soldiers In the re
public, aa well as by a fleet. Hla re
sistance can be but futile. The govern
ment has been victorious In the Interior
of the republic and It can send, if neces
sary. 10,O more men to end the revolu
tion on the isthmus.
Fifteen thousand government soldiers re
main in Panama to protect the city.
To Strena-tbea Hold la Poland.
BERLIN. May 21. A 'bill providing for
strengthening the. German element in the
Polish provinces of Prussia waa intro
duced In the Diet today. It Increases ths
amount of funds at disposal for establishing
settlements in West Prussia and Poeen
from 200.000.000 to S50.000.uiX) marks, and
aaslgns an additional 100.000,000 marks, and
for the purchase of more estates, in those
province, suitable for peasant settlement,
etc.
EARTHQUAKE IN FLORIDA
Caattaaoas Shocks Pelt la St. Aaaras.
tlae (or Period of Three
Hoars.
ATLANTA. Ga.. May 21. A special to the
Journal from 8t. Augustine, Fla.. says:
Almost continuous shocks, presumably of
earthquake were felt here from I o'clock
until midnight last night.
The eartbquare was accompanied by a
succession of short but decisive reports
liks distant cannonading, seemingly from
fsr out at sea. The sounds were unlike
thunder, having no reverberating roll and
were accompanied by decided tremors, while
the sky in the southeast waa suffused with
a glow. The reports came at intervals of
perhaps three minutes and persons who
remember the earthquake at Charleaton
say the noises were very similar to the
subterranean noises accompanying that oc
currence. The sound traveled from the
south to southeast..
The night was perfectly clear. A num
ber of citlsena gathered ea the sea wall
and timed the Intervals between the re
ports. CHARLESTON. 8. C. May 21. The local
forecast officials reported today that he
observed volcanic duet In the sir last night.
A red sunset waa caused by the particles.
BRINGS SUIT AGAINST" COUSIN
Heary J. Crocker Bars William H
Crocker (or Claim Over Jockey
Cleb Property.
SAN FTtANClSCO. May 21. Henry J.
Crocker has brought suit against his cousin,
William H. Crocker, aiklng .S9.475 dam
agea. Henry Crocker was owner of T50 shares of
the Pacific Jockey club. ' He was also
the owner of 5 shares ef Western. Turf
association stock, i
Henry Crocker aaserta that ha turned his
racing stock over te his cousin te sell for
him te the beat advantage end that Wil
liam H. Crocker manipulated the stick In
bis ewe Interest, having entered Into an
arrangement with Prince Poniatowaky to
obtain control of the stock of ths two
raclag associations.
It is alleged that William H. Crocker
accepted for the stock certain securities and
that a fcalaac of lS,i7S is due.
TERRORIZED BY ROBBERS
Two Coun'jei in Bonth Dakota the Scene of
Their Depredations,
BLOW OPEN BANKS AND HOLD UP PEOPL
Posses Oat Seearlasr tbe Coaatry la
Effort to Caotaro tke Tklevee,
Who Arc Apnrenrlatlna
Fresh Hor.es,
TANKTON, S. D., May 21. (Special Tele
gram.) Wild pioneer days are revived In
Charles Mix and Hutchinson counties by a
band of bank robbers who have been operat
ing for the last few weeks. Banks at
Bcotlsnd, Ethan and several other points
were blown open and robbed In oulrk sue.
cession. At Ethan robbers operated after
ine style or the James bore with a guard
mounted at the front door and with the la
habitants looking fn from a safe distance,
called out by the noise made la blowing
open the vault. Monday night the bank
at Harrison was robbed. In making their
escape from there the robbers became
bolder and more desperate, driving on the
country roads with teams they took from
farmers and stopping several times during
the day to exchange when they met a
likely looking pair of drivers and their
own were becoming tired, summarily dump
ing out farmers and their wives from rigs
they appropriated. They boldly drove
through Warner In broad dav anil ihnnch
known to be robbers who were wanted
were not molested. The whole region of
their depredations Is terrrr stricken tnA.v
aa the story of their late raid is learned
and no farmer will start from home with
out arms. A posse left Avon today in chase
or mem and officers generally are out In
pursuit.
Robbers entered the barn of George Hol-
ton hi the heart Of the residence aertlnn r.t
the city at I o'clock this morning and stole
a team of horses and buggy. They were
Seen by neighbors as thev drove nut at
full speed and the alarm waa given, but
so far the men have not beeav captured. It
Is believed they are the bank rnhher. whn
broke Into the bank at Harrison night be
fore last.
MANSFIELD NOT ( DISTURBED
Enjoined from Playlaa; Cyrano de
Bergerae, bat Says Decision Is
ef Little Effect
CHICAGO, May 21. Judge C. C. Kohlsaat.
In the United States district court today.
Issued a perpetual injunction against the
production In the United States of Edraond
Rostand's plsy, "Cyrano de Bergerae," In
the suit brought against Richard Mansfield
and A. M. Palmer by Samuel E. Gross of
Chicago. The court In it order ruled that
Mr. Gross was also entitled to an account
ing of the profits from the play, but Mr.
Gross waived this right and accepted 11
ae satisfaction.
Mr. Gross Is the author of a drama enti
tled "The Merchant Frince of Cornville."
Use leading character of which was 41s-
tinguished by the big nose that made Cy
rano famous. This drama, Mr. Gross main
tained, was printed for private circulation
some time before the appearance of the cel
ebrated French play and according to ex
pert testimony waa the basis of Edmond
Rostand's work. In court numerous paral
lel, both of plot and language, were shown.
The most Important of the almilarlties In
the two dramas waa the wooing by proxy
of the leading characters In a . balcony
scene made notable la Cyrano by Mr.
Mansfield'e production.
DENVER. May 21. Richard Mansfield
made the following statement this after
noen to a representative of the Associated
Press regarding the injunction Issued by
Judge Kohlsaat:
"The decision of Judge Kohlsaat can have
no effect upon' the presentation of 'Cyrano
de Bergerae' beyond the fact that Mr.
Gross will receive royalties in the future
lnstesd of Mr. Rostand. Whst effect it
will have In France (s an entirely different
matter, but it probably msy result in the
Theater Francaia and the great American
and European artiste overwhelming Mr.
Gross with orders for plsys and Chicago
may In the future be the center of another
new Industry."
CONSIDER FOREIGN MISSIONS'
Tear Jnst Pnaaed Best Owe la His-
i
tery of Presbyterlaa
Ckarck.
NEW YORK, May 21. The general as
sembly of the Presbyterian church in the
United Statea gave up the early part of
today's session to the consideration of for
eign missions. Rev. Howard Duffield of
ths old First Presbyterisn church, this
city, made an address in which he pleaded
the cause of the "old-fashioned gospel."
Rev. Dr. Donsld C. MacLeod of
Washington. D. C. offered a resolution de
ploring the spread of Mormonism and com
mending Westminster college of Salt Lake
City for Its work In training workers In
the Mormon Held and for "emancipation of
many victims of that cruel and blighting
system of false doctrine." Time not per
mitting, no action was taken on the. reso
lution. Rsv. Dr. Courtensy H. Fena. pres
bytery of Pekln, as chairman of ths stand
ing committee on foreign missions, pre
sented the report of the committee, which
contained a review of the national board
of foreign missions. The report declared
that last year waa the best one In the his
tory of the Presbyterisn foreign missions.
The board had been able te get through
the year without debt, and a number of
L persons In heathen lands had become mem
bers of the church. The total recelpta for
the year were I1.128.S77. against t&S,I25 for
the yeer before, mainly due to large sums
received aa legaclee. The report as pre
sented contained the following:
Whence cornea this gain? Is It from a
church quickened and inspired with mis
sionary bJ? Not at all. Ve may as well
face, the shameful fart that In the year of
America's greatest financial prosperity, in
which almost every Preebytertan baa
shared; In this year of aggressive advance
had it not been that the Lord has caiNd
home to Himself a larrer number than
usual of liberal-hearted Presbyterians, the
Board of Foreign Missions must have re
ported to this assembly a debt and not a
small one either.
GOVERNOR DIRECTS INQUIRY
Samea Boevrd to Determine Wketksur
Attoraey Made It.ttneal At- ..
trtknted to Him.
DENVER. May 21 Governcr Oman to
day appointed1 a court of inquiry to es
tablish the truth or falsity of a newspaper
Interview with Adjutant General George
W. Gardner, who was quoted aa having
said that la hla opinion the enow slide at
Trllurlde. resulting in great leas of life,
aaa a visitation of the wrath of God ea
the miners of the district for their conduct
during strikes.
Genet aj Gardner baa denied, that ae was
cor recti); Quoted, .
MAGOON IS.OUT.OF THE RACE
statement Secretary
Root Desired
tllm la His Preweat
Position.
(From a Staff Correspondent )
WASHINGTON. May 2L (Special Tele
gram.) Judge Charles Magoon, law officer
of the division of insular atairs or the
War department, who was one of the lead
ing candldstes for the appointment to fill
the vacancy on the bench of the court of
claims made by the death of Judge Dans
todsy formally withdrew his name from
the list of candidates. It is understood
that Judge Magoon was Influenced In thle
course by the earnest desire of Secretary
Root, who felt that it would be much
easier for the president to secure a suite
ble Judge of the court of claims than It
would be for him (the secretary) to secure
a law officer for this important division of
the department who wss qualified in the
ssme meaeure as Judge Magoon to deal with
the many intricate and important questions
arising almost dally In connection with
the Insular administration,
Represenlstlva Neville was today recog
alxed by Speaker Henderson for the par-
pose of calling up the senate bill authorii
lng the aale of a part of the Fort Nio
brara military reservation to the city of
Valentine for a park, cemetery and other
purpose. The bill was passed without any
objection being made to IL
Representative Burkett received a tele
gram from Thomas Parmalee of Platts-
mouth today calling attention to the bill
introduced by Mr. Burkett yesterday pro
vidlng for a pontoon bridge across the Mis
sour! river at Plattamou'.n. Mr. Parmalee
atated that the bill should have read be
tween "Cass county. Nebraska, and Mill
county, Iowa." As it wss Introduced yes
terday It read between Sarpy , county, Ne
braska, and Mills county, Iowa.
Plenty of Money for Fort.
Representative Hull stated today that
Fort Des Moines would receive this year
in the way of appropriations (200.000 by
special appropriation, $300,000 in tha sun
dry civil bill and between $40,000 and 160,
000 for sewerage, this being money enough
to build permanent barracks tor five com
panies. Colonel Hayes, commandant at Fort
Meade, waa In conference today with War
department officials respecting Improve
ments at the post. The sundry civil bill
now in conference contains an appropria
tion of $100,000. If this item Is added build
ings at Meade recently destroyed by fire
will be replaced by permanent structure.
Postmssters appointed:
Iowa Alexander McDonald, Ehler, Dela
ware county; A. J. Bowen, Waubeek, Linn
county.
Wyoming A. M. Barber, Clark, Big Horn
county.
The comptroller of the currency has ap
proved the First National bank of Chicago
aa reserve agent for the First National
bank of Canton, S. D.
The postoffices at Julian and Centralia,
Dubuque county, la., were ordered discon
tinued after May 31.
Albert L. Fahrenwald of Yankton, S. D.,
has been appointed farmer at the Indian
school at Fort Shaw, Mont. rt, -.-
CENSURES CANADA ( RAILWAYS
Representative Shattec Saya Tbey
Are Iapo.lag oa Immlgra.
tloa Laws.
WASHINGTON, May 21 The house began
consideration of the immigration bill to
day. The principal speech was made by
Mr. Shattuc of Ohio, chairman of .the com
mittee on Immigration. He was especially
eevere in his condemnation of the manner
In which immigrants are introduced through
Canada by Canadian railway and steamship
companies.
Mr. Wood of Alabsma gave notice of an
amendment to provide an educational test,
and much of the discussion during the day
wss upon this subject.
The house earlier In the day settled three
contested election cases in fsvor of sitting
members and passed a number of bills of
minor importance.
The house today received official notifi
cation ot the exercises attending the un
veiling of the statue of Marshal De Roch
ambeau In Washington on Saturday next
On motion of Mr. Payne of New York the
house agreed to adjourn over from Friday
to Monday In order to take part In the ex
ercises. Xamber of Bills Passed.
A bill was passed providing that the
statutes of limitation of the several states
shall apply as a defense to actions brought
In any courts for the recovery of landa pat
ented under the treaty of May 10. 1854. be
tween the United States of America and
the Shawnee tribe of Indiana..
Other bills passed as follows: Granting
homesteaders on the abandoned Fort
Brldger. Fort Sanders and Fort Laramie
mllitarv reservations, Wyoming, the right
to purchase one-quarter section of public
land on aatd reservations as pasture or
grazing lands; te authorlxe the erection of
buildings by the International committee of
the Young Men's Christian association on
reservations of the United States; to au
thorlxe the sale of Fort Niobrara military
reservation in Nebraska) to regulate com
mutation for good conduct of United States
prisoners. Other measures passed were
these: Granting the Grand Army cf the
Republic the right te be quartered in the
unfinished government printing office dur
ing the coming national encampment; au
thorising the Santa Fe Railroad company
to aell or lease Its property and franchisee.
Throws Lents Ont.
By unanimous vote the house seated
Charles R. Thomas from the Third North
Carolina district, whose sest was contested
by John F. Fowler. The contest of ex
Repreaentatlve John J. Lentx against Mr.
Tompkins from the Twelfth Ohio district
was settled in ths letter's fsvor.
The same action was taken with Mr.
Rhea of Pennsylvania concerning the right
of the seat for tha Ninth Virginia district,
tke contestant, James A. Walker, having
died.
Tha Immigration bill waa then taken up
under a special rule, giving it Ue right of
way.
Mr. Ehattuc opened the debate with a
speech elaborately presenting the various
immigration problema and explaining the
corrective purposes of this bill. In part he
said:
"The immigration laws of this county are
flagrantly violated. Those Canadian steam
ship agencies In Europe o not hesitate
to advertise openly and guarantee to their
passengers, ths good, bad and indifferent,
that they shall be safely delivered Into
the United Statea and ne questions asked
If they will only take passage via Canada.
I have their billa so advertising.
"It can be proven that one of the Cana
dian rallwaya Is in the Chinese paasenger
traffic regularly and is assisting the smug
glers' by stopping Its paasenger tralna sev
eral miles out of a cert la city and dis
charging the Chinese in the country whers
wagons, built especially for the purpose,
take whols gangs evsr the linea. and is
this wsy thousand of Chinese eaur the
tailed Slate." - -
PALMA MOVES INTO PALACE
Sew President of Cuba and His Family
Occupy Executive Mansion. .
NATIONS SEND WARM CONGRATULATIONS
Spala Joins with Otkers la Express
last Interest la Saccess of Sew
Repaklle Bryaa and Other
Well Impressed.
(Copyright. b Press Publishing Co.)
HAVANA. May 21. (New Tork World
Cablegram Special Telegram.) President
Palma and his family moved into the pslace
todsy from General Gomel's house. The
president hae received msny telegrams of
congratulations from the United States,
Spain. France and the Latin-American re
publics. Among them thst came today was this
one from United Statea Secretary cf War
Root:
"Believe in my heartfelt congratulations
upon the inauguration of tbe republic
which the people of Cuba and the people oi
the United States have fought and labird
together to establish. With confidence In
your unselfish patriotism and courage ani
In the substantial civic virtues of your Ifo
ple, I bid you Godspeed and on thia happy
day wish for Cuba for all time liberty and
order, peace and prosperity."
President Palma replied:
"I am deeply moved by your heartfelt
message of congratulations on the Inaug
uration of the republic of Cuba, o tbe
birth of which the people and the govern
ment of the United States have contrib
uted with their blood and treasure. Test
assured thst the Cuban people csn never
forget tbe debt of gratitude tbey owe to
the great republic with which we will cul
tivate the closest relstlons by friendship
and for the prosperity of which we pray to
tbe Almighty."
Message from Loabet.
President Loubet of France wired:
"At the moment when your excellency
takes official possession of your high du
ties I address you my sincere congratula
tions and I pray for your personal happi
ness and the prosperity of the Cuban re
public." The presidents of Costa Rica, Mexico and
Guatemala and the provisional government
of San Domingo have cabled warm con
gratulations. President Palma and his cabinet and the
senators yesterday went up to the cathe
dral, where a Te Deum was sung. Arch
bishop. Barnada officiating. He had at
tended the inauguration In his purple
robes, greeting the president cordially and
assuring him of the co-operatloa of the
church.
The Cuban senate was occupied today In
acrutinlzing the credentials of delegates.
The cabinet was closeted with the presi
dent for the purpose of perfecting its or
ganization and arranging a program.
Nearly all the old government employee
will be retained temporarily. Fernando F1-
gweredo, the new director general of potts
and telegraphs, has assumed hie duties.
Postal Relations I'sekasget.
The postal relations with tbe United
States will remain as they were during tbe
American occupation. Tbe former director
general, Charles Hernandez, has been ap
pointed postmaster of Havana.
Senators Mason, Jones and Money, ex-
Senator Thurston, Governor Jcna'.ngs of
Florida and Colonel W. J. Bryan left this
morning for the United States.
A large ststue of the goddes of liberty
has been placed on the pedestal In Central
park formerly occupied by a statue ot
Queen Isabella of Spain, which the Span
lards removed before evacuation. The god
dess of liberty holds a large electric light
in her right hand and in tbe left a shield
with the word "liberty" across Its face. A
singular feature, however, is the presence
of thirteen stars on the shield.
Late last night a terrifying explosion oc
curred in front of the In'Iaterra hotel, se
riously injuring eleven persons. The whole
stock of a passing vender of bombs and
fireworks had been discharged by a. boy
throwing a giant cracker among his wsres.
Ambulances quickly removed the injured
to hospitals. During ths day three others
were badly Injured by fireworks.
Americans Are Impressed.
W. J. Bryan and the United States sen
atorial contingent, who sailed for Key West
this morning, were all more impressed
with the chances of ths endurance ot tbe
republic than when they came here. Mr.
Bryan aaid there waa no reason why the
republic should not be a euccess, and Sen
ator Jones expressed the opinion that if it
could weather two years It might be perm
anent. Tbe illumination of this city last night
probably was never surpassed la an Amer
ican ciy. Tbe facades of the hotels and
lines of the arches were picked out in
electric light, Japanese lanterns, swung from
living trees, in the parks, colored lanterns
of soma snclent design glowed above the
door of cearly every residence, and the
driveway leading to the ocean front was
roofed with a myrald ot multi-colored
globes.
The feature of tbe fire works displayed
from tbe forts across the bay were an
immenss Cuban flag, which rose In ths
heavens and floated over tbe city and por
traits ot President Palma, General Gomez,
General Marti and other Cuban patriots.
Significant ot the acquiescence of the
wealthy Spaniards In tbe new government
was the fact that a Cuban flag was hoisted
over the Casino, by the side of the banner
of Spain.
Under the charm of a night and the
beauties of illumination much of the bolster
ousness of the afternoon disappeared and
tbe crowds becsme quiet and orderly. Only
a few accidents were reported and these
were principally due te the explosion of
giant fire crackers.
Tbe general festivities were resumed
at dawn today, whea the buglers sounded
the reveille la all parte of tbe city and the
bands gave their morning concert.
At I o'clock the foundation stone ef ths
triumphal arch commemorating the In
auguration ot tha Cuban republic was laid.
with approprlats exercises on Independence
avenue by tbe Cireulo Sectional.
This afternoon the theaters were thrown
open and free performances were given.
Tonight a great public feast will be held en
the Prade.
Colonial Dames la Sesaloa.
WASHINGTON. May 21. The biennial
convention of fne National Society of
Colonial Dames began here today. Reports
of officers were received. One hundred
and fifty members ot the society are here.
In the afternoon the members attended the
dedication ot a table at Arlington in mem
ory of the soldiers and sailors who fell
In tbe Spanish-American war.
President Retaraa to Ws.klsgtss.
WASHINGTON. Msy 2L President Roose
velt arrived ia Waaainglon at T JO this
morals. ,
CONDITION 0FTHE WEATHER
Forecast for Nebraska-Psrtly Cloudy and
Warmer Thursday; Friday Fair.
Temperatore at Omaha Teaterda
r
Hoar.
Den.
Hoar.
1 P. i
a p.
S p. !
P. I
K p. i
H p. ,
T P. 1
M p. 1
9 p. I
Beg.
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IX
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THIRTEEN BODIES RECOVERED
Victims of Fratervllle Mlae Dlaaeter
Foaad wltk Letters to Tkelr
Families.
KNOXVILLK. Msy 21. The latest esti
mate as to lore of life In the Fratervllle
coal mine disaster at Coal Creek Is 228.
Including ccntrart miners, day laborers and
boy helpers. The last find reported wss
that of thirteen bodies, In an entry, and
with these, all of whom were dead, were
found six letters, written by five 'men be
fore life became extinct.
One of tbeee letters gave the time ot
dsy It waa written, at 2:30 o'clock Monday
afternoon, thue Indicating that these and
perhaps other entombed men lived many
hours after the terrible explosion, which
occurred Mondsy morning at 7:30 o'clock.
Tbe letters gave a general suggestion of
the suffering that was undergone. Indicat
ing that tbe men were gradually, being
strangled to desth by the foul sir thst waa
entering and gaseous air that was filling
the mine. One piteoualy reed, "My God,
for another breath."
The letters In tbe main were directions
to families as to what dispositions should
be made of tbe writers' bodies and business
affaire and Instructions as to raising the
families. Preeident John Mitchell of the
Mine Workers of America has sent $100
for the relief fund and Mr. Howe today an
nounced that the Mine Workers of America
would at once expend $1,000 for tbe needy
families of Us members who died in the
mine and more will be available It needed.
MUTINY ENDS IN , FATALITY
Desperate Prisoner Kills Gaard aad
Is Daasreroaslr Vt'oaaded la
Attempt to Escape.
i
CANTON, O., Msy 21. George Jacob is
dead. Homer Stone probably fatally
wounded, Charles Glgantl dangerously, if
not fatally, wounded.
This in brief was tbe situation at the
Starke county workhouse today after a
murderous assault committed by Glgantl in
au attempt to escape from the brush and
broom shop in which he was working.
Gigauti snatched a revolver from a guard
and begau shooting. Tbe first msn to fall
was George Jacob, a former guard at the
workhouse, but who, at the time, had charge
of som.i contract work in the shop. Guard
Homer promptly came to the rescue and
shots were exchanged between blm and
Gigantl. Stone received a wound in tbt
arm and another in the body near ta
heart, aud as probably fatally Injured. Gi
gantl's wounde are pronounced very - dan
gerous. In the' midst of the abootlng an attempt
was made by other prisoners to escape
from the workshop, but the guards man
aged to bold tbem by the ' aid of some
trusties.
A call was sent to the Canton police
department and all tbe officers available
were hurried to tbe ecene, but when they
arrived the prisoners had been subdued.
RAIN DEMORALIZES TRAFFIC
Six Hoars Downponr Sesr La Crosse,
Wisconsin, Canses Many
Waakoats.
LA CROSSE, Wis., May 21. Railroad
traffic la practically demoralized here to
day, owing to aix hours rain In this vicin
ity, which caused a great many washouts
on roads leading Into La Crosse.
On the Chicago fc Northwestern road
there has not been a train since last even
ing and a couple of trains are held at El
roy, waiting until a bridge near there
which was washed out can be replaced.
There also are several washouts between
Sparta and Elroy.
At River Junction, on the Chicago, Mil
waukee ft St. Paul road, two miles from
here, there Is another large washout and
the fast mail is held there. Between here
and Austin, Minn., several washouts are re
ported. The worst plsce Is at Houston,
where tbe whole town is under water.
Many valuable race homes on the lowlands
owned by D. J. Cameron of thla city are In
danger of being lost. Another serious
washout Is near Lansing, la. Root river,
a small stream In eastern Minnesota, Is on
a rampage and much damage is feared. No
drownings have as yet been reported.
SEVERE STORM IN OKLAHOMA
Balldlnas aad Bridges Wrecked aad
Crops Damaged by tke
Floods.
GUTHRIE. Okla., May 21. A heavy
wind and rainstorm passed over Oklahoma
after midnight last alght. washing out
bridges, wrecking several bouses and dam
aging cropa badly. No fatalities are re
ported. Three miles south of Guthrie a water
spout struck, demolishing several houses.
At Davenport, thirty miles east 'Of
Guthrie, six houses were wrecked and
much stock was killed.
At El Reno, Bridgeport, Kingfisher and
the intervening country nearly four Inches
of water felL At Kingfisher the water was
the highest ever known, and two town
bridges were w ashed out, while another was
completely submerged.
A bridge on ths North Canadian river
at Bridgeport is also goes. There was
much damage to cropa by overflow and
washing.
DEATH THE RESULT OF A JOKE
Wamaa Dies of Barns from Kerosene
Peered Oat Vy Her
Hasbaad.
JTNTTION OTY. Wtn.. Mar 21 Mrs. W.
n. Fnoke. wife of Corporal Snnke of te
Ninth srtlllery band, stationed st Fert
Riley. Ksnsas, died st her home here to
dsy ef burns received ss th r-sult ef s
1"ke peroetreted bv ber husband. Mrs.
Rnrke hsd hidden In sn outbuilding and In
s enlrlt of fun locked her huehand out.
Snok poured eome rssoline oa the stone
steps and lit it, thinking ts frighten her.
Tbe flames were drawn la under the d"xr
and enveloped Mrs. Snokt. who died sev
eral hours later In great agony. She was
conscious to the laat and exonerated ber
huabsad Insisting thst bis art wss Intsnded
as a Joke.
Mrs. Fnoke formerly lived at Harris
burg. Pa.
POLICE BOARD STA'S
8upreme Coirt Again Decide in Faror ei
Present Incumbents,
JUDGMENT IN H00RES CASE FINAL
Matter Settled Will Kot Be Disturbed by
Contrary Opinion.
GOVERNOR LIABLE TO MANDAMUS
Authority of Judicial Orer ExecutiTt is
Firmly Asserted,
LONG CONTINUED CONTROVERSY ENDED
Lest Effort to Destroy Home Ralo
Coatrol of Fire aad Police De
partment Powere
Failure
(From a staff Correspondent.)
LINCOLN. Mav 11 ,tJ7.i
prem. court ha. denied th. application of
. ...in ior a writ or mandamus to
compel the a3vi-n. . . .
Flr d 1 1 a eoara ot
Fir. and Police Commissioners for Omaha.
On-... ,v v ,nvo,T1 w this ease.
One wss the authorltv f ,h.
. Man. e uiji v UJsa court
to mandsmt,. the governor, ani U,, gttor
the right of the governor to make the
appo ntment. The opinion ws. written b?
Chief Justice Sulllv.n. Judges Holcombaad
o - v-viic urrinf
branch If,' " fflCer the
orancb of the Enrammacf .v. ...
" - m-fcaaa, osjia Vli L ID In B
Z" 'he. ,.aw nik" -"Unction be!
ine writ Is denied, how.
is mat a oum nn nn. .
Judgment on It. merits U forever setued
in 7Z H tnUnJ tUt Ju(1e Bulllvan.
ion in tie Moore, case, from which he had
originally dissented. T
Doetrlae of tke Case.
The syllabus of tbe opinion is:
wTene'v.1?
hrT.Vad K ,nXUrbtUUn ?
iXUl 1 incontestable I. the
leaWar.".?, "J" threUc-ll and
In" f"ib"' oMudlVlS 02ud.hor,
PrtnclPle of exemption from man-
&rn,
sg0.? rur iswK
cw"ft upon the character of tha
th? reepSnT "0t UPOn Vf
a JV aftaW
branch of llie govertifn.nu li hliT, ,J
l..by th" --Tnn MTnVo'r
The established doctrine In this stats Is
that when law In positive T terms enjoins
upon the governor opotber officer of ihl
dun-Utlv,P,iritm",t "e mlnisfeAal
? L ,evln- him no rholoe or discretion
in regard to the matter no judgment to
rt7.t.h,T.rS?ra"d"mu'-may "-ue and
judicial To wer! exercise of
J ne doctrine of re. judicata, la thst
question once determined bj a judimen
on the menu is forever settled. ioTs
L 'l1'8"" ",nd !J" in Privity with the"
nJ ? VS; . The .u"Un decided lsT
HIlf f hf HM'llfn at. wM- . '
closed q uest Ion: "'ea na
a public officer Is rersrded as belnr In
JXdZmLt?.lnS-0. cer 1" re!
office "ui uiims nis successor in
.v.A11.i!!t1g'ni! re effected by the rule of
the thing adjudged; It is equally binSln
upon the sovereign and citlsen.
'it or tko Opinion.
Tbe opinion of Judg Sullivan Is in r,.
as follows:
"This Is an ar.nllr.tinn t. ,!. . .
the exercise of Its original Jurisdiction for
a writ of mandamus commanding the re
spondent, aa governor of the state, to ap
point fire and police commissioners f- k.
city ot umasa. in his answer to the al
ternative writ the respondent denies the
authority of tbe court to coerce executive
action in any case and alleges that by rea
son of tha judgment la the State against
Moores (55 Nebraeka. 480) the performance
of the duty enjoined by the statute would
be necessarily barren of practical results.
It is conceded that the statute direct the
governor la Imperative terms just what the
relator has requested him to do. 'Imme
diately upon the taking effect of this act
the governor shall appoint.' This Is the
language of cectlon 1ST and it ie therein
further provided that 'whenever a vacancy
shall occur In any board of Are and police
commlaeloners, either by death, resignation,
removal from the city or any other causa,
the governor shall appoint a commissioner
to fill such vacancy.' ., -
"It is also conceded that this is a consti
tutional and valid law. but it is claimed
that authority to enforce It has not been
committed to the judicial branch of the
government. The argument is that the
three department into which all govern,
mental powers are divided are eo-ord lusts,
that each ts entirely independent of tbe
othtrs and that tbe Issuance of a man.
damus against the govsrnor. In whom le
Invested the supreme executive power, ie
Justifiable only on the theory that tbe ea.
ecutive department ie Inferior to the Judi
cial department and that the right of com.
mand is given to one and the duty of
obedience Imposed upon ths other. This
argument is certainly plausible, but
whether it Is sound is a point upon which
the adjudged cases are la Irreconcilable
conflict.
Rlshts of tke Ceart
"The right of the courts te determine all
judicial question, whenever and however
tbey may arise, la given by the const It a.
tlon in explicit terms and is Indisputable,
but equally clear and incontestable la the
right of ths executive officers named la the
constitution to exercise all power properly
belonging ' to tbe executive department.
There is aa obvious logical difficulty la
maintaining that two departments of got.
eminent sre of equal rank and Independent
of each other. If one may cam ma ad .and
ths other must obey. A member of the ex
ecutive department who performs an offi
cial duty la obedience, te s writ of mas
dsmus Is a passive instrument in the hand
of the court; he is cot in sny proper sense
aa actor; be executes, not his own purpose,
but a purpose originating in the Judicial
department of the government; be is la
truth nothing more than the ageaey
through which the court exercises sn al
arums power. Considering tbe matter
theoretically and leaving practical resulta
and past adjudications entirely out ot view.
It Is bsrdly possible to escape tke eoaclu.
eioa thst the tertharest limit of Judicial
authority la cases t this kind Is to hear