TIIE OMAHA DAILY HEE: -TnTJUSPAT, JULY in, 1902. IS LIKE THE ELUSIVE FlEA Oootiot Tracy Hanagti ta Again Elnda Eii Famer with Eaaa. OFFICERS THINK THEY SURE. -HAVE HIM When the Time Comee e Make lb Flaal Oft th Much-Waated Dee perade Drop fcat of ! SEATTLE. July t, Ths pursuit Of Out law Harry Tracy appears to he temporarily suspended. Sheriff Cudlhee ha called In the guards from the southern suburbs, leaving only a sufficient number for careful patrol. It Is believed that Cadlhee expects tbs eon Tlct. If he reappears at all, to show up In another part of tha country. Th poese that started from Renton with the blood hounds at i o'clock this morning returned at I o'clock In tho afternoon after a fruit less search. Since early this morning the posses hate been scouring tha country between Ren ton and Black River Junction. The terri tory lying in the square bounded by foadi leading from Renton to Black River June tlon, then to Orlllla, thence to Spring Brook crossroads and back, has been een tried. It Is believed that Tracy has hid in the dense woods of that district. Ousrda have been stationed at every road In this section. It is believed that he will soon make his appearance at aome house and demand food, as be M known to be without upplies. The rumor that Merrill has Joined his murderous comrade cannot he substantiated. Aa matters stand at this moment no ona knows the exact whereabouts of the des perado. The chase is suspended for the time being. The moment ha shows bis head men now waiting will be In pursuit. The Salem penitentiary guard who Ms with the party at Renton Is confident that Merrill and Tracy are ones mora together, although ha will not state the reason for his belief. The marshal of Renton and a deputy sheriff have captured three auspicious-looking Individuals at Renton. The men have the appearance of hoboes, and it is thought that they may be three of tha four men - who met Tracy at Black River bridge the night before last and walked through Renton in tha convict's company. At the town Jail they gave their names aa Andy Neilson, Tom Madden and Phlt Ritchie. The first two say they are loggers and the third lays he Is an Iron bridge builder. Their statements as to their recent actions are conflicting. They aay they came to Seattle two days before the Fourth of July -and got on a spree. A diligent search Is being made for the fourth alleged accomplice, who Is thought to be banging around Renton or may have Joined the convict. Rumors are rife that the fourth man Is none other than Merrill, hut this Is generally discredited. SERIOUS FLOODS IN IOWA (Continued front First Page.) - the Rock Island could not pass that point today. The town la under iour feet of water. Tha Racoon river at Adel, after being sta tionary all day, began to rise 'rapidly to night and shut off the electric light plant and la doing great damage. SIOUX CITY. July 9. (Special Telegram. The Maple and Little Sioux rivers are on the rampage and southern Woodbury and eastern Monona counties are under water. The streams ara from one to four mites wide and rising.'- The; flood Is the worst known In this section for years. All day long trains from, the east and south have been unable ta diati And ftlmi CAt fcaa been effectually cut off from communication ' In these directions. A large wave rushed down Miller creek, which runs through Woodbury county, and destroyed all the crops In Its courss. The damage' to cord alone will be great. The flood was caused by a terlea of cloudburats, which followed each other In rapid succession. At Maple ton tha Maple river la five miles wide.' Castana, Correctlonvllle, Danbury. Oto and Ida Ofova were hard hit and report the Streams overflowing their banka. Mo Uva have-been reported lost, but-the damage tc crops and buildings in the storm-stricken district will bs great. Storm HavOQ at Mao.aoketa. CLINTON. la., July ..(Special Tele gram.) Terrible storm, wind and rain struck Maquoketa last night. Plate glass windows broken, . doors torn from hinges, shade trees uprooted, outbuildings blown down, houses unroofed. A deluge of rain followed. Maquoketa river overflowed, flooding hundreds of acres of lowland and destroying corn and oats. ' FORT DODOB, la.. July t. (Special Tel egramsContinuous rain la paralysing business In Fort bodge. Railroads are al most out of holiness The main line Of the Omaha division, of the Illinois Cen tral between Fort Dodge 'and Omaha la unable to run regular trains on account of washouts. Ths Minneapolis dt St. Louis road.il badly crippled. The east end of the city la Inundated and families ara mov ing out of their houses. ' Water Is running through first stories of residences of a number of homes. A largo natural basin at the east edge of the city is overflowing and volumes of water are Increasing and causing great loss to prop erty adjacent. Electric power la shut off. Wires are tangled up with telephone wires and all poles charged. Insulation on electric wires thoroughly soaked, rendering protection useless. WEBSTER C1TT. la.. July 1 (Special Telegram.) This section at the stats was visited again last night by a terrlfle rain storm. Ths Boone river and Its tributaries are out of their baaka and tha lowlands under water. Ths Northwestern has re paired Us washout, but trains passing upon It have a alow order. H Killed ay Toraado. IOWA CITT. la.. July I. (Special Tele gram.) Belated reports from many rural points In Johnson county show that the tornado Tuesday evening caused $75,000 damage to crops, orchards, buildings and live atock. Jacob Burkhart was Instantly killed when hla employer's barn waa bloWn down at Oxford. The Iowa river hers la Inundating adjacent territory; It baa risen five feet In twelve bears. ONAWA. la., July V. (Special Telegram.) Ths rainfall hers for July to date Is 1.60 Inches, which breaks all July records albes 1IT. according to ths weathsr observer ths nearest approach to this figure being July, 1891, when 1.03 Inches fell during the month. The washout on the Illinois Cea Difficult Digestion That Is dyspepsia, It makes Ufa miserable. . Its sufferers eat not because they seams' sa, but simply because Uiey tt. They know they ara irritable and fretful j ' but they cannot be otherwise. They complain of bad last la tha mouth, a teuderness at ths prt of the stom ach, an nneaay feeling of puffy fulness, headache, heartburn and what nut. Tho effectual remedy, proved by perms N nent cures of thousands of severs cams. Is ; Hood's Sarsaparltla 1 Al. W 1 tral's Onawa branch was repaired today and trains are running nearly all on time, although the LlttRe Ploux river la still very high and erops are under water. No trains ran on ths Maple River branch to day. Washouts si 111 continue and railroad officials say they can give no promise of tralna at present. They may not have the track repaired for two or three days, aa soma washouts have occurred alnca yester day. No Chicago papera have been re ceived hero tor two days. The weather la clear today and It looka as If the rainy season Is over. - Streams Become Torreats. CARROLL, la., July 9. (Special.) Rain fell la torrents all day Tuesday and all streams have swollen out of their1 banks and appear like large lakes. Washouts on the large grade of the Northwestern near Aroadla held trains from the east In the Carroll yards for several hours. No. IS continued west via Wall Lake. No. 4. which should arrive here at 11 a. m.. and No. 8, due at l:2S p. m., arrtved about :J0 last evening. It Is yeara alnte there has been a general tleup on account of wash outs on tha Northwestern, and 'the present trouble la due w some new track which waa completed late last fall. Fully 200 men are at present working on the grade and 150 mora are expected from Chicago on the first train. OSKALOOSA, la., July 9. Almost Ave Inches of rain have fallen In Mahaska county during the laat twenty-four hours. All streams are out of their hanks and the damage In tha surrounding country la heavy. , Heavy Dtatft at Missouri Valley. MISSOURI VALLEY, la.. July 9. (Spe cial.) All tha bottom land for miles near here la under water and the streams In this vicinity are overflowing. Ths damage to ths crops on the lowlands will be great, as It Is feared that the water will not drain off for aome time. Tha rain yester day did great damage to the crops on tbs hills on account of washing badly. The hill streets of this city have been washed out so that aome are almost Im passable and several hundred yards of water main have been laid bare. The damage to the streets will probably reach $1,000. Nearly 1,000 feet of the North western's double track east of here was washed out last night and all tralna were delayed for several hours. Damage Amsssli to Thousands. SIOUX CITY, la., July 9. Damage to tha extent of many thousands of dollars has been done In the bottom lands southeast of Sioux City by floods. Rain ceased fall ing at noon and the worst Is believed to be over. The railroads have suffered se verely from washouts. Farmers, however, are, the greatest sufferers. Small streams, usually a few yards wide, are now swollen rivers miles in width. Reports from towns near by tell of heavy loss. Otoe, Hornlc, Luton and Mapleton ara surrounded by vast expanses of water. KANSAS CITY, July 9. The Missouri and Kaw rivers at Kansas City continued to rise today as a result of heavy rains last night and both streams are now bank full. In the lower part of Kansas City, Kan., several cellars have been flooded and tha water In ths Kaw is dangerously close to ths floors of soms of the- bridges near here. ATCHISON, Kan., July 9. Northern Kan sas last night again experienced another heavy rainfall, following the unprecedented rains of the last few days. West of Clyde two Missouri Pacific bridges hats been wsshsd out and the branch between Yuma, Kan., and Prosser, Neb., Is completely tied up by washouts The Republican river la out of Its banks in many placet and bot tom farms are flooded. . Streams art still rising. . - , j. ' Peoria Swept fcy a Storm. PEORIA, III., jufy . A terrlflo rain and electrlo atom) swept over Peoria and tha adjacent country last night. Rain fell In floods for several hours and tha damage Wrought lis extensive. All the railroad lines entering the city are mors or less af fected. ' The Lake Erie ft Western through freight, due here at 4 o'clock, went through a bridge at Farmdale, six miles eaat of here. The engine and several freight cara are piled In the bottom of Farm creek. The engineer was fatally Injured and the fire man was burled in the mud beneath tha engUe. It will bs several days before traffic Is restored. The Toledo, Peoria ft Western passenger train, due here at I o'clock last evening, struck a landslide twelve miles east of here and tha engine waa derailed. ' The damage to the timothy and oata crop Is very heavy. Several Inchea , of rainfall waa recorded. Damaca la Colorado. PUEBLO. Colo., July 9. A cloudburst has awept the Wet Mountain valley, the Orapa creek region and other portlona of Fremont county. Water waa four feet deep In a portion of Florence. Tho Santa Fa rsilroad i lost two Iron bridges and 1,500 feet of track. It Is reported that Chandler creek ran Into the Chandler coal mine and tilled It. Crops in the Wet Mountain valley were washed out. It was feared that Orape creek, the moat terrible stream In the country In time of freshet, has dam aged tha line Irrigation system there, which supplies orchards . and nurseries around South Canyon. The Arkansas river, roae six or eight feet here, but has done no damage aa yet NEW MEXICO NEEDS RAIN Special Maveaee Ara Ha , Held ta Drouth Regions at tha ferrttary. SANTA FE. N. M.. July 9. A special mass tor rain was celebrated in Agua Frio and similar masses will be held In all the parishes of this section, aa ths drouth Is shriveling up the crops.' '. .' Cloadbarst ta Mexico. MONTEREY. Mex., July 9. A special from Psrras, stats of Coahua, says: A cloudburst covering an area of fifty square miles did damage to the extent of $409,000. The big Bataglaa dam, the largest In northern Mexico, broke With all the floodgates open and waa deetroyed. The San Lorenso dam, which has been .standing for over 350 years, also was washed away This dam waa built of solid masonry about 1670. SUPREME JUDGES NOMINATED Demooratla Jadirial Caaveatlan af Missouri Adjourns After aa All-Nlght Sasaiaa. SPRINGFIELD. Mo., July 9. Ths demo eratlc state Judicial convention completed lta work at T o'clock this morning, after being la continuous session alacs 9 o'clock laat sight, by ths nomination of ths fol lowing Justice of the Supreme court: Qavon D. Burgess of Chilllcothe, ' chief Justice; Leroy B. Valltaot of 8t Louis and Jamea D. Fox of 'Frederlcktown, associate Justices. Judgsa Burgess and Valllant are members of ths present court. ' . Judge Burgees was rsaoulaated at 1:10 thla morning on the first ballot. The second ballot waa not finished until 1:15. It was without result and aa Ineffectual effort was mads to adjourn until today. Ths third ballot was sot taken till I 15. when nation to adjourn waa agala voted down- la all sight ballots were taken, VATICAN REPLIES TO TAFT Provide! for lale of Lands and tha Pay meet of Indemnity. CANNOT AGREE TO RECALL THE FRIARS Claim Made that It Wsall Bo Cos. trary ta night Gaaraateed by Treaty of Paris aad Pat Holy Sea la Conflict. ROME. July 9. The answer of the Vati can to the note of Oovernor Taft, governor of the Philippine Islands, concerning re ligious affairs In the archipelago, which was handed to Cardinal Rampolla, papal secretary of state, July t, was delivered to Judge Tart at a late hour tonight. As the vatlcan'a reply la in French, It ta being translated by Bishop O'Qorman of Sioux Falls, 8. D., and Major Porter of the office of ths Judgs advocate general of the army. . It will be telegraphed entlra to Washington tonight. Since Judge Taft has been In Rome ho has sent about 10,000 words by cable to ths Washington authorities. Answer of Vatican. Ths vatlcan'a answer to Judge Taft fol lows: Tha contract which the Vatican proposes shall be signed by both parties comprises twelve articles. . The first article says the Philippine gov ernment Is to buy the lands of ths four religious orders concerned, the holy aeo acting as Intermediary. The second article describes what are the agricultural landa to he bought. The third article saya that If some of these landa are possessed by corporations, the friars will sell their share. The fourth article establishes a tribunal of arbiters to be composed of five members, two of whom are to be chosen by ths Vat ican, two by the Philippine government and the fifth member by the other four. In case of disagreement aa to the fifth member he shall be chosen In common ac cord by the pope and President Roosevelt. Tho fifth article provldea that ths work of ths arbiters shall begin January 1, 1902. The alxth article refers to title deeds. These will bo transferred to the Philippine government. Article vll sets forth that payment Is to be made In Mexican dollars In ths period of tlms proposed by Judge Taft In his note of July 8, interest during the time of payment accruing at 4 per cent. Article vlll deala with the transfer to the church of ancient crown lands with ecclesi astical buildings on them. The ninth article proposes amicable ac cord In ths matter of existing charitable or educational trusta which are In dispute. In the event of falling to agree In these matters recourse is to be had to tho same arbltere, to whom will also be submitted the caae of the medical college of San Jose at Manila. Provides for Indemnity. The tenth article provides for ths In demnity ths United States shall pay for ths ecclesiastical buildings used in the war. According to tho eleventh article the ex penses of the tribunal and the expense of the arbiters Is to bo paid by the Philippine govsrnment Article xll declares that the holy see In the aphere of action which la In Its com petence shall use all Its Influence for ths pacification of the Philippine Islands and In favor of their adhesion to ths estab lished government and to the end that It aball prevent all political opposition on the part of the Clergy, both regular and secular. The answer of ths vattcsn is compiled In the order of Judgs Taft's note of July 3. First comes the note which says that all tha studies of the Vatican were cen tered to render more clear, mora precise and definite the conditions between tho holy see and the Philippine government. In fact the note begs that If something further with this Intent csn bo proposed that It be freely expressed, adding that It would be considered with great pleas ure. The Introduction proceeds In this tone until It comes to the question of the recall of ths friars. It then saya ths Vat ican cannot accept the proposition to re call the friars within the fixed period. Such recall not being Justified by reasons of force majeure. It would be contrary to the rlghta guaranteed by the treaty of Parla and would put the holy see In con flict with Spain. It asks: "If the United Statea cannot order the withdrawal of the friars, how can the pope do ao, especially when It has been proved that all ths accusations made against them were partly false, partly exaggerated and partly Inexact?" However, the Vatican promises that It will try to Introduce into the Philippines Clergy of other nationalities, especially Americana, gradually, as they are found ready or are adapted to ths purpose. Tbs nots agrees that the friars ahall not return to the parishes they left, and where their presence could provoke trou ble. Tbs note ends by saying that the pope la willing that the achool queatlon In the Philippines be not Insisted on now, but that hla holiness hopes his representative In Manila may have an understanding with Judge Taft on thla point, which la of cap ital Importance In a country almost' ex clusively Catholic VATICAN CAUSES SENSATION Blaa Slater Not Allowed ta At as Kara for Divorced Woman. ROME, July 9. A great sensation has been caused by the action of ths Vatloan authorities toward the Princess Joseph Rosplgllosl, an American. Her huaband la head of an ancient family of clerical nobll Ity and hla brother la commandant of tha papal nobis guard. On August Is. 1001, Prlncs Rosplgllosl married hers Mrs. Maria Jennings Retd Parkhurat of Washington, tho dlvorcad wife of Colonel Frederick H. Parkhurat of Bangor, Ms. The ceremony was civil and hence waa not recognised by the Vatican. Prlnceaa Rosplgllosl, who Is now on ths point of confinement, engaged an English Blue sister as a nurse and the latter took up her dutlea. But Cardinal Macchl (sec retary of apostolic briefs), bearing of (his, forbade ths sister to fulfill bsr duties, on ths ground that ths marriage waa non- sxlslant. The prince was furious and exerted all hla Influence to overcome the action of the church, but without avail. Finally he was obliged to send to England for a nurse. The Incident la rxpected to have Important developments. When the news of ths marriage of Mrs Parkhurat to tha prlncs reached tbs United Statea it was asserted that at first ths Vatican refuaed to aanctloa ths marriage because Mrs.. Parkhurat waa a divorced woman, but aa the prlncs declared aba Should be hla wife, with or without ths consent of ths church, sanction was Anally given. Mrs. Parkhurat is granddaughter of Samuel Cheater Reld. who commanded the American privateer Brigadier General Asa Strong. In ths battle at Fayal In ths war of lilt. On her motbera aide aha la from ths Rowaa family of Kentucky. About tea years ago n Washington aha met Mr Parkhurat, who U a member of ths Mains legislature and of Oo vera or Hill's 'staff, with tbs rank of colonel. Tha eowple wera married aad lived b ap ply for atlme In Bangor. They had two children. Several yeara ago tney became estranged and Colonel Farkhurat susd for divorce. The divorce was granted and Mrs. Parkhurat left ths city. At Bar Harbor she met Prince. Joseph, who tell In love wit' her. - Argentina and Calle la Treaty ni-irvna arnra i1t a. Arrentlna and Chile have signed a convention defining more precisely the objects oi ineir recent traatUa nrnvMIn v tnr arbitration 'and th limitation of armaments with ths view of averting tho possibility of future complica tions. Publlo opinion approves of tha new convention- .... Argentina announces that lta nolle V la absolute neutrality In questions concerning Chile, on tha Pacific roast. The conven tion explains that It la not proposed that eitner nation ahall reduce lis navai equip ment now afloat , Relief Ship iaiia for Victoria. LONDON, July 9. The Anarotlo steamer Morning purchased by the Royal Geograph ical society aa a relief ship for ths discov ery, sailed thla afternoon for Ylotorla. STEAMERIn A COLLISION One Member af tha Crew Killed, bat tha raaaenaters All Escape Injuryv NEWPORT, R. I., July 9. Ths Fall River 11ns steamer Prlscllla la at lta pier la this city with a big hole In Its port bow and one of Its crew dead and wedged In by wreckage, ao that hla body will bs extri cated only with gret difficulty, as a result of a collision with ths Merchanta' fend Miners' Transportation company's steamer Powhattan,- in Narraganaett bay, last night Prlscllla was bound out for New York. It waa very foggy at ths tlms and It was proceeding slowly. Off Point Judith another steamer struck It on the port bow, cutting a bole which ran down below the water line. -Finding Itself seriously dam aged, Prlscllla whistled for assistance and soon afterward tugs arrived and It was towed back to Its dock In this city. . While aa examination waa being made of the apperturs. In PrlsclUa'a hull It was found that one of the crew had been caught In hla bunk by tha wreckage. Ha waa dead, but his body was securely wedged la between Iron rods and beama in . such a way aa to prevent lta being extricated at ence. At daylight It waa evident' that mechanical appliances would bs necessary before the body could be released. The name of the victim haa not been learned. , With this exception no one. Is believed to have, been Injured. PROVIDENCE, July .---Ths steamer1 Powhattan, Captain A. T. Hudgtns, bound for Baltimore, via Norfolk for thla port. arrived hers thla, afternoon and . repdrted having been In collision with Fall River line steamer Prlsollla last night lta bow waa badly damaged and a great hols was stovs In the port .side of ths Steamer be low tha water line. Ths forwsrd Compart ment waa flooded, .but ao water reached tha other bulkheads, of tha ship and no damage waa done to tha freight ' There was not .ths slightest show of dis order with tho 1M passengers of Powhattan,- among wham was A delegation to' ths conference of -tha Baptist Young People's union from Maryland. - A vote of thanks was tendered Captain Hudgina by tha pas sengers for hi prompt action during tho trying momenta following tho collision. Tbs passengers,-most of whom were lr bed, were turned out of their room In darkness and their nervousness and excite ment Intensified they fonbd the men On the ahtp paas'Mg 'out MlfC : preservers by candlelight Thar was ao panic, although no help was .near and tha steamer was ap parently In great danger. It was the alster ship of , Prlscllla, tha Puritan, which cams at first to ths rescue. It was on its Way from New York when It heard tho signals of distress. Putting A tins on board It took Prlscllla la tow, stern foremost, tor Newport Tho vessels arrived without, further mishap and ,the passengers were landed safely. They were aent on to New York by rait Their bag gage waa saved In good order. . Pownattan haa been placed in dry dock, where extensive repairs will bs mad. It). "W. brovO. This name must appear on every 6ox of the genuine .Laxative Bromo-Qulntns Tab lets, the remedy that curea a cold In one day. 25 centa. ST. LOUIS .TERMINAL MEETING Repreaeatatlvas af Railroads Com prising; Asaoeiatioa Bald Session la New York. . NEW YORK. July 9 A meeting of tho rep resentatives of the railroads comprising the Terminal association of 8t Louis waa held hers today. The meeting lasted for mora than two hours and It was announced at ths close that ths proceedings were Informal and consisted of a general dlsoussloa of ths affairs of tho association. It was said that no definite action could be taken todsy regarding the admission of another road or any other matter, as It was not a meeting of the Terminal aaseclatloa proper. It was' also stated that ths plan to bava the Rock Island become a member of tha association would bs taksa up at a meeting to' bs held at St Louis at some future day. LaalsTllla aad Nashville Dividend. NEW YORK, July 9. Ths directors of tho Louisville Nashville road today de clared ths regular 1 per cent semi-an nual dividend. A statement Issued 'at tha meeting showsd a surplus for ths ysar after payment of dividends of l,78f,80, against 11,684,111 the previous year. Will Take Ip l . Stock. ' NEW YORK. July 9. It waa stated to day by authority that J. P. Morgan Co. will exercise, their option upon the Louis ville A Nashville stock owned by John W. Gates and Edwin Hawley. Four per cent bonds will bo issued ts lake up this stock. OUTINGS. An Inexpensive aad Ready Prepared Luncheon.' During ths vacation, suppose you cook less and play mors. Graps-Nuts, the food that make! break fast as easy to get all ths year 'round. Is the Ideal food for that purpose. Grape-Nuts Is thoroughly cooked at ths factory by food' experts, and la alwaya ready to aerve with tbs addition of cream. You can aavs yourself tbs heat from cook ing and the tlms and sxertlon necessary to prepare other food, by lta use. Its high nutrition gives strength and nourishment without the Internal heat of meat and other heavy food, keeping tha temperature of the body cool and com fortable; lta delicious flavor pleases every pa lata. Picnicker aad camper aa well as ths housewife preparing the regular meala at home, caa pass a pleaaant and enjoyable summer "by tha use of tbls ready prepared and easily digested food and wtU miss the usual heavy aad sluggish feeling generally felt In hot weathsr. Many pleasant waya of changing the form of uao found U reclps bock la each pack aga. TAKES ON DIPLOMATIC PHASE secretary Hay Ictarosted in Oayior and Greene Ettraditien Oast. COMMUNICATES WITH BRITISH EMBASSY Atleatloa of EsglUh Government Is Called to Aets of Canadian Au thorities la Connection with Alleged Criminals. WASHINGTON, July 9. Tbs extradition case of Benjamin D. Greens and John 'F. Gaynor, whose removal from Canada to tbe state of Georgia for trial on chargea of misappropriating and embestllng over $1,000,000 In connection with river and harbor ' improvements at ' Savannah,' Ga., hat been Bought tor aoms time in the United States, will take on a new diplo matic phase In a few days when Secretary Hay communicatee to ths British govern men statements of officers of ths Stats department, alleging that ths Csnadlan au thorities ara pursuing an extraordinary and unwarranted courss in the caae. Ths delays and embarrassments In the extradition proceedings resulted In Mr. Msrlon Erwln, special assistant to the at torney general, who haa been in active charge of tha extrdltlon proceedings for the United Statea transmitting to the at torney general under data of Montreal, July 7, si special report on the case in which he calls attention to the fact that ths legal repreaentatlvea of Messrs. Greene and Oaynor ars closely connected through professional and family tiea with the Can adian officials whom thla government must look to tor extradition of ths men whose custody It seek. Mr. Erwln, in his report says that as the fugitives had employed aa their counsel tbs Arms of lawyers to which belonged tbe highest officials of the provincial and Dominion governments, be was preculded by ths position taken by them from con ferring with ths law officers of tbe crown. Ho therefore retained two attorneys of Montreal and ths Canadian bar, who had ably aaalsted him. Recites Extradition Laws. Continuing, the report recites the ' ex tradition laws of Canada as applying to ths offense charged against Greene and Gaynor and details the proceedtnga Insti tuted to effect their extradition. Every atsp of ths proceedings, the report saya, waa In accordance with tbe Canadian law and the extradition treaty between the United Statea and Great Britain. Refer ence la then made to the Issuance by Judge Andrewa of Quebec of writs of habeas corpus which were served at night upon ths Jailer at Montreal, who held the men under the extradition commissioner's order for further proceedings. On what followed the report says: "Without notice to the commissioner or tbe attorneys representing the United Statea In the proceeding the Montreal gaoler, who holds his appointment under ths provincial authorities, within a few minutes after service of the writs upon him conveyed the prisoners by special train back to Quebec. "Ia view of tbe fact that there were other Judges at Montreal exercising habeaa corpus powers and in such cases the Cana dian lawa gave a Judge in the d. strict of Quebec no authority to bring a prisoner from Montreal on habeas corpus Inquiry tt Is not believed that the gaoler at Mon rsal would hats adopted ao extraordinary a course without notice to the parties In Interest, except under high official prea Kure. The attorneys at that time appearing la tha . proceeding tor the fugitives and moving to have that done, embraced among bnttt The Arm of FHtpatrtck, Parent, Tadhereau, Roy and Cannon of ' which Arm Hon. Charles FHspktrlck, minister of Justice for tbe Dominion of Canada, la a member. - "Of which firm Hon. S. N. Parent, prime minister of the provlnoe of Quebec Is a member. "Of which Arm Mr. Cannon, son of the deputy attorney general tor the province of Quebec Is a member. "Also Mr. Honors Gerrala, law partner Of Hon. Mr. Archambault, attorney gen eral for the province of Quebec. "Also Mr. Chauveau, aon of the extra dition commissioner at Quebec." Reviews Motion of Connsel. Ths report next reviews the motion of counsel lor the United Statea to quaah the writs of habeas corpua and remand the prlaoners In order that the extradition bearing might proceed and the fact that the evening before Justice Andrews was to render, his opinion tbe prisoners at tempted to prop that proceeding on a claim that It was Illegal and through their counsel, Messrs. "Pitspatrtck, Parent,' Roy and Cannon." have other -writs of habeas coppus Issued to coma before Justice Ca ron, a Judge with concurrent Jurisdiction, with Justice Andrews on ths ground that their cuatody by the sheriff at Quebec waa Illegal. Attention la then directed to the tact that Juatlee Andrews in denying the prisoners' claim that the first writs of habeas corpua were Illegal said that It was not for tho persons who Induced him to Issue the write of habeas corpus to claim that they were Illegal and avail themselves of such a meana of escape. The report aald that under Canadian law a second writ of habeaa corpus cannot Issue except on "new facts," ths prisoners' coun sel, on petition alleging only the same facta, cauaed other writa to be Issued by Justice Caron. Ths gaoler In making hla returns to these writs refused, "on request of counsel for ths United States, to attach copies or send out In his return the substance of tbe docu ments under which he held the prisoners." 'If the gaoler bad been acting under tbe advice of officers of the crown," adda the report, "free from the entangling relations of counsel for the fugitive, it la Incredible that In a country which shares with us tbe high standards of Justice and fairness, which la our common heritage, a gaoler could have wilfully withheld the documents of his authority to ths prejudice of a party to tbe litigation." Causes Valted States Treable. Counsel for ths United States, by reason of the gaoler's defective return, were com pelled ta move to amend it by annexing eoplec of the documents under which they were held, and tbe defective returns were msde the baala of a motion before Justice Caron for a writ of certiorari by the pris oner' counsel, who thereby sought to di vest Extradltloa Commissioner Lafontatne of power to proceed with tbe ease, and thla. although Juatlee . Andrewa had refuaed a similar certiorari. Justice Caroo, after a week's consideration, granted the prison ers' motion for certiorari and withheld Judgment on the motion of tbe United Statea to have the documents ehowlng the causs of tbe prisoners' detention aanexed to the returns. . The report continues: "Ia the meantime the Counsel for the prisoners, who in Eng land or In tbe United States would be de barred from such proceedings, have In open court challenged the right of the United States to be heard at all In these proceedings and Its right to smploy Cana dian counsel to represent it In tbe courts. Attention then is directed to the fact that abould the Quebeo authorities Anally decide to let Judge Lafontalne, the ex tradition commissioner, proceed with the caae aad ahould he Anally commit them to Jell for extradition under the Canadian law the prisoners must eta there fifteen days and that during this time they have the right to apply for writs of habeaa corpus and It Is further in the power of the min ister of Justice to refuse to surrender tb prisoners and to discharge them from cus tody. In conclusion ih report says: "It will thus be seen, that before we ran flna ally take the prlaoners out of Canada, we will have to submit tho regularity of our proceedings In aome very Important fea turea to a high official. of the Dominion government, whose firm was retained In advance of the extradition proceedings to resist extradition and whose powerful po litical Influence haa been felt at every turn the case hits taken. "If this state of affairs Is to continue without protest on the part of our govern ment we had Just as well understand In advanco that the extradition of criminals from Canada under our treaty does not ap ply to rases where the fugitives have committed financial crimes of magnitude." Upon receipt of this report the acting at torney general called tbe matter to the at tention of the State department. TO BUILD ANOTHER" BRIDGE St. Louis and Eastern Capitalists Or. anise to Make Many Im provement. ST. LOUIS, July 9. A corporation com posed of St. Louis and eastern capitalists has been organised for the purpose of building a bridge over the Mississippi river, the erection of extensive terminals on the river front, an elevated road to the world's fair alte and a new depot In the heart of the rlty. It Is stated by the In corporators that the total Investment In the terminals and elevated road, aside from the cost of the bridge, would reach tlO, 000,000 at the outset, with a possible expenditure of 95,000,000 later on exten sions. The incorporators are: J. C. Van Blar com, vie president Of the National Bank of Commerce; Edward F. Goltra, president of the American Steel Foundry company; VV. B. Doddridge, formerly chairman of the executive committee of the Terminal as sociation; Mayor M. M. Stevens of East St. Louis and T. C. Doremus of New York City. Mr. Doremus stated today that the new enterprise was not connected with other railroad Interests. Certain New York cap italists, he said, appreciated the great possibilities of St. Louis and had Joined local men of means in pushing the enter prise. " DEATH RECORD". . Judge 'William Marvin, Aged 04. SYRACUSE. N. Y.. July 9. Judge Wil liam Marvin died at his home in Skaneateles thla morning, aged 94 yeara. He waa ap pointed United Slates district attorney for Florida in 1835 by President Jackson and was appointed United Statea district Judge at Key West by President Van Buren. He held court at Key West until 1863 and It was a union court, with the American flag floating over It, though every attendant of the court from district attorney to crier, Joined In accession. After the war Presi dent Johnson appointed Judge Marvin pro visional governor of Florida. After the government waa established he waa elected to the United Statea senate, but was not allowed to take hla seat because negroes tad not been allowed to vote. Judge Mar vin returned to his home In Skaneatelea In l 1867, where he haa alnce lived. He haa written aeveral works upon maritime law and upon theological subjects. He was warden of St, James Episcopal church at Skaneatelea and deeply interested In church matters. He voted, for every democratic president from Jackson to '. Cleveland, but did not vote for Bryan In 1898., ,j Judge Marvin was brother-in-law of Gen eral Ludlngton, quartermaster general, U. 9-.A.. i ,' Mra. Charles. Stewart. , HOT SPRINGS, 8. D., July 9. (Special.) The remalna of Mrs.. Charles Stewart, a bride of only two weeks, . were brought here from Spearflsh laat evening, she hav ing died at that place that morning after about ten daya of terrible suffering. The young people were married here at the home of the groom on Wednesday, June 13, and left tbe aame day for a trip through tbe Hills. The bride complained of aome stomach trouble the day of the wedding. but thought ' nothing seriously of It, be lieving the trouble was only temporary and not serious. Mr. Stewart la the son of Mayor Stewart and the popular young bride and groom' enjoyed one of the pret tiest weddings ever given In Hot Springs. The funeral waa held at the home of the groom's parents, In the room where Just two weeks previous tbe words were spoken that united the two loving hearta. Alexander McDonnld. DENVER, Colo., July 9. Alexander Mc Donald, aged tS years, formerly of Port K STOMACH I Rumbling of caa, sour llaulda arising In the mouth, distress after attar ba honeat, you have had to diet, live on bland food, and have tried many phyalclana' treatments and medlctnes.whichoaly relieve and atlll you ere troubled. NAU'S DYSPEPSIA CURE Will care yon abaolotely. tires the Cause. Send for Booklet. FREE, to FRANK NAU, .203 Broadway. XvnXAl' MeCOSltELIi DRIO CO., 18th ft Dodge Bts.. Omaha. Neb. Look Kouad hot Ateat " 17 a " Aeu earns mM Jarvls, N. Y., and Cleveland, died today of asthma on a train bound to Denver from Chama, N. M. Jamea r. Stephens. NEW YORK. July 9. Jamea P. Stephens, one of the oldest pottery manufacturers In this country. Is dead at Trenton, N. J., from heart dlseaat. lis was born In Cin cinnati. O., alxty-two years ago. Mr. Stephens Is credited with developing the manufacture of pottery In certain lines te the highest point attained In thla country. Durheaa of Atholl. ROME, July 9. Tfce duches of Atholl (who was the eldest daughter of Sir Thoma Moncrelffe). died last nlcht while on bef way from Italy to Swltxerland. Court Una .o Jurisdiction. CLEVELAND, O.. July 9.Judge Wing of the United States circuit rourt today dismissed the proceedings brought by the Philadelphia National League rlub against Pitcher Dernhsrdt to compel him to ply with the Philadelphia club or not at all. The court held thnt It had no Jurisdic tion in the case, Hernhardt being a cltlsen of the stste of New York. The cne of Lajole waa then taken up by the court . SOHBimN Pure, Pole and Sparkling. BettlH Only at the Brewery fa St, Louia. Order from H. Mar A Company When your friendsJ ctrop in unexpectedly It's well to have a few bot tlca of our Justly famou Blue ' Ribbon beer on Ice. Nothing more appreciated than a glass of thla . delicious beverage. It's a home product and made of everything to make good, pure beer.. Let ue send you a caae today. STORZBU'G.CO. Telephone 1260-Qmaha. er .nj W. A. Wells, solicitor, Council Bluffs. Broadway, AMUSEMENTS,' BOYD'SI T"??w!SAKr 7TH FERRIS TONIGHT Graustark BIG WEEK STOCK GO. Mate., any aeat, 10c. Night 10c. 16c; tSo. Excursion Steamer The Union Excursion Company's Steamer Henrietta makes regular trips from foot of Douglaa street, making regular trips to B her man J 'ark, where there la fine atiade, music and anuing. No bar on boat. alveryUiaig ui si class. Hours for leaving: X, 4 and p. ra., dally. . Round, trip 25c. children 10c. Ns admission to Park. , . BASE BALL VINTON STREET PARK. ' Colorado Springs vs. Omaha July 10 Game call at 9:45. RESORTS. Krug Park io.iaiiT RAO TINE CONCERT BY MUSTER'S BAND, and OTHER HIGH CLASS FREE! SHOW . Admlaalon to park, 10a - Children Free. ROTEL. MMILURDI IStfc and Douglas Its. OMAHA. Mh-U Omaha's trading HoUl - tti. irEi'iAii rKATlREIi LUNCHEON, FIFTY CKNT8. . 12:30 to I p. m. SUNDAY i:a p. m. DINNER, TSo Steadily increasing business has necessi tated ah enlargement of the cafe, doubllna its former capacity, " CHICAGO BEACH HOTEL 10 minutes from heart ef city. Wo dirt and dust. Situated on boulevard and lake, at 61st St. Blvd., Chicago. Bond for Illus trated booklet Out for the Cheap Rates, July J-13, 190a. Omaha $14. BO Missouri Valley ...... 14.S0 Lincoln 1J.S0 Sioux Cltv....; 3.Q trip to Springs, so. dak. Splendid golf links. Export instructor. cK3 Nertinseeseea Uaa."